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FIRST INSERTION
AMENDED NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. 11-006907-CI-07
BAY CITIES BANK, a Florida corporation,
Plaintiff, vs.
RULE, LLP, a Florida Limited Liability Partnership; ELIAS L. LEOUSIS, individually; RALPH RUGO, individually; RALPH RUGO, LLC, a Florida limited liability company; ALFONSO LEO; COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA; NICE SERVICES, INC., a Florida corporation; ELDORADO MIRANDA MANUFACTURING, CO., INC., a Florida corporation; SOUTHEAST ROOFING CONSULTANTS, INC., a Florida Corporation; CASANOVA RESTAURANT, LLC (811 CLEVELAND STREET); AVIS RENT A CAR SYSTEM, LLC (801 CLEVELAND STREET, UNIT #B); WILLIAM QUINTERO AND VALERIE QUINTERO (801 CLEVELAND STREET, UNIT #A);
SHANNON GIDDENS (804 PARK STREET); JOHN DOE AND JANE DOE #1, and all other persons in possession of the subject real property whose real names are uncertain (802 PARK STREET),
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure entered in this cause, in the Circuit Court of Pinellas County, Florida, the Clerk will sell the property situated in Pinellas County, Florida, described as:
Lots 1, 2, and 3, Block 1, LESS road right of way AND Lots 14, 15, and 16, Block 1, MAGNOLIA PARK, according to the map or plat thereof recorded in Plat Book 3, Page 43, of the Public Records of Pinellas County, Florida.
AND the personal property described on EXHIBIT “A”.
EXHIBIT A
DEBTOR: RULE, LLP
CREDITOR: BAY FINANCIAL SAVINGS BANK, F.S.B.
SCHEDULE TO UCC-1
This Financing Statement covers the following types and items of property:
(a) Improvements. All buildings, structures, betterments and other improvements of any nature now or hereafter situated in whole or in part upon the lands in Pinellas County, Florida, described in the U.C.C. Statement to which this Exhibit is attached (the “Land”), regardless of whether physically affixed thereto or severed or capable of severance therefrom (the “Improvements”).
(b) Appurtenances. The benefit of all easements and other rights of any nature whatsoever appurtenant to the Land or the Improvements, or both, and all rights of way, streets, alleys, passages, railroad sidings, drainage rights, sewer rights and rights of ingress and egress to the Land, 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.
(c) Tangible Property. All of Debtor's right, title and interest in and to all fixtures, equipment and tangible personal property of any nature whatsoever now or hereafter (i) attached or affixed to the Land or the Improvements, or both, or (ii) situated upon or about the Land or the Improvements, or both, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (iii) used, useable or intended to be used in connection with any present or future use or operation of or upon the Land, regardless of where siutated. The foregoing includes, without limitation: all signs and displays; 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 (including stationery, letterheads, billheads and items of a similar nature); and all additions, accessions, renewals, replacements and substitutions of any or all of the foregoing (the “Tangible Property”).
(d) Incomes. All rents, issues, incomes, purchase proceeds and profits in any manner arising from the Land, 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 Land, Improvements or Tangible Property, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations.
The foregoing items are jointly and severally called the “Rents” in this schedule.
(e) Secondary Financing. All of Debtor's right, power or privilege to further encumber any of the property described in this schedule for debt.
(f) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property described in this schedule into cash or other liquidated claims, or that are otherwise payable for injury to, or the taking or requisitioning of, any such property, including an insurance and condemnation proceed.
(g) Contract Rights and Accounts. All of the 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 arising, in any manner related to the improvement, use, operation, sale, conversion or other disposition of any interest in the Land, 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.
(h) Name. All right, title and interest of Debtor in and to all trade names hereafter used in connection with the operation of the Land and Improvements, and all related marks, logos and insignia.
(i) Other Intangibles. All contract rights, accounts, 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 Land, Improvements, Tangible Property or Rents, including any permits, licenses, insurance policies, rights of action and other choses in action.
As used in this schedule, the term “include” is for illustrative purposes only and is always without limitation.
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. MARCH 21, 2013.
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 Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 500, Clearwater, FL 33756, (727) 464-4062 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 or voice impaired, call 711.
Charles A. Buford
SPN #171246
FBN #322539
JOHNSON, POPE, BOKOR,
RUPPEL & BURNS, LLP
P.O. Box 1368
Clearwater, FL 33757-1368
Primary email: [email protected]
Secondary email: [email protected]
(727) 461-1818 telephone
(727) 462-0365 facsimile
Attorneys for Plaintiff
# 1195509
December 14, 21, 2012 12-11175