12-11056

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA
CIRCUIT CIVIL CASE NO.
11-4590-CI-15
FLAGSHIP COMMUNITY BANK,
a Florida corporation,
Plaintiff, v.
WILLIAM J. BRUNELLI, a/k/a
WILLIAM J. BRUNELLI, SR., as
Co-Trustee of the BIANDEN
REALTY TRUST dated January 1,
1995, as amended January 27, 2004,
WILLIAM J. BRUNELLI, a/k/a
WILLIAM J. BRUNELLI, SR., individually, CITY OF OLDSMAR, ALTO CONSTRUCTION
COMPANY, INC., a Florida corporation, K.T.B. PRODUCTS CORP., a Florida dissolved corporation, and UNKNOWN
TENANT,
Defendants.
Notice is hereby given that pursuant to the Final Judgment of Foreclosure and Order Granting Motion To Schedule Foreclosure Sale entered in this cause, in the Circuit Court for Pinellas County, Florida, the Clerk will sell the Property situated in Pinellas County, Florida, described as follows:
SEE ATTACHED EXHIBIT “A”
EXHIBIT “A”
Parcel 1: Lot 7 and Lot 9, less the East 1.5 feet of the North 2.5 of said Lot 9, Block 78, Oldsmar Revised Map according to the Plat thereof, recorded in Plat Book 7, Page 6, of the Public Records of Pinellas County, Florida.
Together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; and all water, water rights and watercourses, relating to the Real Property.
Together with all of Debtor's estate, right, title, interest, claim and demand now owned or hereafter acquired in all existing and future leases of the Real Property, including extensions, renewals and subleases, all agreements for use and occupancy of the Real Property (all such leases and agreements whether written or oral, are hereafter referred to as the “Leases”), and all guaranties of performance under the Leases, together with the immediate and continuing right to collect and receive all of the rents, income, receipts, revenues, issues, profits and other income of any nature now or hereafter due (including any income of any nature coming due during any redemption period) under the Leases or from or arising out of the Real Property including minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance contributions, deficiency rents, liquidated damages following default in any Lease, all proceeds payable under any policy or insurance covering loss of rents resulting from untenantability caused by construction or damage to the Real Property, all proceeds payable as a result of a lessee's exercise of an option to purchase the Premises, all proceeds derived from the termination or rejection of any leases in bankruptcy or other insolvency proceeding and all proceeds from any rights and claims of any kind which Debtor may have against any lessee under the Leases or any occupants of the Real Property.
Together with all buildings, structures, betterments, and other improvements of any nature now or hereafter situated in whole or in part upon the Real Property regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
Together with the benefit of all easements and other rights of any nature whatsoever appurtenant to the Real Property or the Improvements, or both, and all rights, sewer rights and rights of ingress and egress to the Real Property and all adjoining property, whether now existing or hereafter arising, together with the reversion or reversions, remainder or remainders, rents, issues, incomes and profits of any of the foregoing.
Together with all Debtor's interest in all fixtures, equipment and tangible personal property of any nature whatsoever now or hereafter (i) attached or affixed to the Real Property or the Improvements, or both, or (ii) situated upon or about the Real Property or Improvements, or both, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) regardless of where situated, used, usable, or intended to be used in connection with any present or future use or operation of or upon the Real Property. The foregoing includes: all heating, air conditioning, lighting, incinerating, and power equipment, all engines, compressors pipes, pumps, tanks, motors, conduits, wiring and switchboards; all plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; all boilers, furnaces, oil burners, vacuum cleaning systems, elevators and escalators; all stoves, ovens, ranges, disposal units, dishwashers, water heaters, exhaust systems, refrigerators, cabinets and partitions; all rugs and carpets; all laundry equipment; all building materials; all furniture, furnishings, office equipment and office supplies; and all additions, accession, renewals, replacements and substitutions of any or all of the foregoing (the “Tangible Property”).
Together with all rents, issues, incomes and profits in any manner arising from the Real Property, Improvements or Tangible Property, or any combination, including Debtor's interest in and to all leases, licenses, franchises and concessions of, or relating to , all or any portion of the Real Property, Improvements or Tangible Property, whether now existing or hereafter made, including all amendments, modifications, replacement, substitutions, extensions, renewals or consolidations. The foregoing items are jointly and severally called “Rents”.
Together with all Debtor's right, power or privilege to further encumber any of the property described herein.
Together with all proceeds of the conversion, voluntary or involuntary, or any of the property described herein into cash or other liquidated claims or that are otherwise payable for injury to, or the taking or requisitioning of, any such property, including all insurance and condemnation proceeds.
Together with all of Debtor's right, title and interest in and to any and all contracts, written or oral, expressed or implied, now existing or hereafter entered into or rising, in any manner related to, the improvement, use, operation, sale conversion or other disposition of any interest in the Real Property, Improvements, Tangible Property or the Rents, or any combination, including any and all deposits, prepaid items, and payments due and to become due thereunder, and including construction contracts, service contracts, advertising contracts, purchase orders and equipment leases.
Together with all right, title and interest of Debtor in and all trade names hereafter used in connection with the operation of the Real Property and related marks, logos and insignia.
Together with all contract rights, accounting, instruments and general intangibles, as such terms from time to time are defined in the Florida Uniform Commercial Code, in any manner related to the use, operation, sale, conversion or other disposition (voluntary or involuntary) of the Real Property, Improvements, Tangible Property or Rents, including all permits, licenses, insurance policies, rights of action, and other choices in action.
Together with all permits, plans, approvals, engineering, impact fees and any other incidental rights to development of the Real property and/or contracts associated therewith.
Together with any additions, repairs, replacements, accession, products or proceeds, of the foregoing, including proceeds of any insurance payable as a result of loss or damage to the Real Property, Improvements, Tangible Property or Rents and any similar acquired collateral of the type specified.
at public sale, to the highest and best bidder, for cash, in an online sale at www.pinellas.realforeclose.com beginning at 10:00 a.m. on January 10, 2013.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within 60 days after the sale.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Human Rights Office. 400 S. Ft. Harrison Ave., Ste. 300 Clearwater, FL 33756, (727) 464-4880(V) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired call 711.
GALE M. BOBENHAUSEN,
ESQUIRE
FL BAR # 0434345
LAW OFFICE OF GALE M.
BOBENHAUSEN, P.A.
28051 U.S. Highway 19 North,
Suite 107
Clearwater, FL 33761
(727)252-0230
[email protected]
December 14, 21, 2012 12-11056

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