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FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No.: 12-14614CI-11
FLORIDA COMMUNITY BANK, NATIONAL ASSOCIATION, f/k/a Premier American Bank, National Association, a national banking association, successor in interest to Cortez Community Bank,
Plaintiff, v.
VEGAS MANAGEMENT, LLC, a Florida limited liability company d/b/a Vegas Nude, Vegas Spirits, Vegas Showgirls, and Vegas Strip; JAMES F. LOWY, individually;
JACQUELINE F. LOWY,
individually; JFL VENTURE FUND IV, LLC, a Florida limited liability company; and ALL OTHER
PARTIES CLAIMING BY, THROUGH, OR UNDER SUCH DEFENDANTS,
Defendants.
TO: ALL OTHER PARTIES CLAIMING BY, THROUGH, OR UNDER SUCH DEFENDANTS (Addresses Unknown)
YOU ARE HEREBY NOTIFIED that foreclosure actions have been filed against you by Plaintiff, Florida Community Bank, a national banking association (“FCB”), as successor in interest to Cortez Community Bank, seeking to foreclose a mortgage-lien interest in the real and personal property more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference.
Exhibit “A”
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Pinellas, STATE OF FL, AND IS DESCRIBED AS FOLLOWS:
From the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of Section 17, Township 30 South, Range 17 East, Pinellas County, Florida, run North 00 degrees 40 minutes East, 456.18 feet along the West line of said Southeast 1/4 of the Southwest 1/4 for a Point of Beginning; run thence East 200 feet; thence North 00 degrees 40 minutes East, 358.08 feet to the South right-of-way of Gandy Blvd.; thence Southwesterly 209.10 feet along said South right-of-way line of Gandy Blvd. to the West line of said Southeast 1/4 of the Southwest 1/4; thence South along said West line of the Southeast 1/4 of the Southwest 1/4, 294.52 feet to the Point of Beginning.
(the “Real Property”)
TOGETHER WITH:
All of debtor's equipment (including, but not limited to, all items identified on Exhibit “A” attached hereto and incorporated herein by this reference); inventory; fixtures, including all returned or replaced goods any and all accessories, attachments, parts, and replacements thereto, and proceeds thereof, wherever located, and any chattel paper or accounts arising from the sale or lease of inventory, and proceeds thereof, wherever located, including all such personal property located at 10568 and 10570 Gandy Blvd., St. Petersburg, FL 33629;
TOGETHER WITH:
All of Vegas Management, LLC's estate, right, title, interest, claim, and demand in and to all existing and future leases, and all use and/or occupancy agreements of the Real Property described above (collectively, the “Leases”); all guarantees of lessees' 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 under the Leases or from or arising out of the Real Property.
TOGETHER WITH:
Pinellas County Adult Use License No.: 80-013, a copy of which is attached hereto as Exhibit “B” and incorporated herein by this reference.
Florida DBPR Alcoholic Beverage & Tobacco License No.: BEV6200655, a copy of which is attached hereto as Exhibit “C” and incorporated herein by this reference.
EXHIBIT “A”
True Beer bottle $2300
cooler #6556630
True Beer bottle $2300
cooler #6575120
Coffee maker $250
#vpr0435981
Coca cola Glass $900
door cooler
#h2008601567
Coca cola Glass $900
door cooler #
j2008600120
Jager machine $350
#us014337
Patron machine # $450
oh61445362
Haier champagne $2100
glass door cooler #
bu38v0044
Pop corn machine $1100
# 1107
Dynex 26” flat $450
screen t.v. #
h958aja218424
Dynex 26” flat $450
screen t.v. #
h958aja218387
Dynex 26” flat $450
screen t.v. #
h958aja128208
Dynex 26” flat $450
screen t.v. #
h958aja217919
Pos system station $5000
1 # 1705742428
Pos system station $5000
2 # 1705742427
Pos system station $5000
3 # 1705742430
Copy machine # $400
cgz44007
Walk-in cooler # $9500
dll2334
Ice machine $2500
Scotsman gm2
Atm machine $2800
gc8200202
Atm machine $2800
gc8200220
Lg tv flat screen # $1000
807rmuy110694
Lg tv flat screen # $1000
901rmuy047810
Dynex 32” flat $550
screen tv #
168blc32hv40ho1113
Dynex 32” flat $550
screen tv #
108blc32hv40ho0936
Dynex 32” flat $550
screen tv #
118blc32hv40ho0673
Dynex 32” flat $550
screen tv #
128blc32hv40ho0808
Dynex 32” flat $550
screen tv #
118blc32hv40ho0773
(2) 3'x6' Pool tables $2500
Cigar humidor $1800
Exhibit B
Pinellas County Adult Use License No. 08-013
Issued November 05, 2008 Expires: November 05, 2009
James F. Lowy is authorized under the provisions f Pinellas County Code chapter 42, as amended, top operate: Vegas Management LLC, 10566 Gandy Blvd., St. Petersburg, FL 33702, 727-576-5100 as an Adult Bookstore, Adult Theater, Special Cabaret.
Issuance of this license does not imply endorsement or approval by Pinellas County of any activity or purpose of the licensed establishment. This license must be displayed in a public place.
For the citizens of Pinellas County
Pinellas County Department of Justice and Consumer Services
15251 Roosevelt Blvd., Suite 209, Clearwater, Florida 337620 - (727) 464-6200
Exhibit C
AD#4274360
State of Florida
Department of Business and Professional Regulation
Div of Alcoholic Beverages and Tobacco
Seq#L09022300249
Date 02/23/2009
Batch Number 063370682
License Nbr BEV6200655
Series 4COP
Tobacco Dual License
The Retailer of Alcoholic Beverages named below is licensed under the provisions of Chapter 565 FS
Expiration date: Sep 30, 2009
Vegas Management LLC
Vegas Showgirls
10570 Gandy Blvd
St. Petersburg FL 33702
Charlie Crist Governor
Charles W. Drago Secretary
Accordingly, you are required to serve a copy of a written defense, if any, to such action to Richmond C. Flowers, Esq., Plaintiff's attorneys, whose address is Adams and Reese LLP, 150 Second Avenue North, 17th Floor, St. Petersburg, Florida 33701, within 30 days from the first date of publication of this Notice, and file the original with the Clerk of this Court, either before service on Plaintiff's attorney or immediately thereafter. If you fail to do so, a default will be entered against you for the relief demanded in Plaintiff's Complaint.
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. The court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding transportation services.
KEN BURKE
CLERK CIRCUIT COURT
315 Court Street, Clearwater,
Pinellas County, FL 33756-5165
By: KIM FREIJE
Deputy Clerk
Richmond C. Flowers, Esq.
Adams and Reese LLP
150 Second Avenue North, 17th Floor
St. Petersburg, Florida 33701
Telephone: 727-502-8200
Facsimile: 727-502-8282
Attorneys for Plaintiff, FCB
26181643-1
December 21, 28, 2012 12-11475