12-04155

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.: 08-17030CI-19
BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED
LIABILITY COMPANY,
Plaintiff, vs.
ALMOND ENTERTAINMENT, INC.; EDMOND BRIAN
WAYNEL; ZELKJKO
BOGDANOVIC; GRAND CENTRAL ENTERTAINMENT & DESIGN, LLC; UNKNOWN TENANT(S) IN POSSESSION #1 AND #2; AND ALL OTHER
UNKNOWN PARTIES, et al.,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to a Final Judgment dated December 16, 2010 and an Order Granting Plaintiff, Bayview Loan Servicing, LLC's Ex Parte Supplemental Second Motion to Reschedule Foreclosure Sale entered on May 8, 2012 in Case No.: 08-17030CI-19, of the Circuit Court of the 6th Judicial Circuit in and for Pinellas County, Florida, wherein BAYVIEW LOAN SERVICING, LLC is Plaintiff and ALMOND ENTERTAINMENT, INC.; EDMOND BRIAN WAYNEL; ZELKJKO BOGDANOVIC and GRAND CENTRAL ENTERTAINMENT & DESIGN, LLC are Defendants, I will sell to the highest bidder for cash at www.pinellas.realforeclose.com at 10:00 a.m., on June 21, 2012, the following described real and personal property situated in Pinellas County, Florida, to wit:
LOTS 1 AND 2, BLOCK 23, HALL'S CENTRAL AVENUE NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 39, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
A/K/A 2600 & 2608 CENTRAL AVENUE, ST. PETERSBURG, FL 33712
Folio #s
23/31/16/35082/023/0010 and 23/31/16/35082/023/0020 and
SEE ATTACHED PERSONAL
PROPERTY DESCRIPTION -
EXHIBIT “A”
EXHIBIT “A”
PERSONAL PROPERTY DESCRIPTION
All of Debtor's interest in the property, buildings, improvements, appurtenances, tangible property, rents, contracts rights, other intangibles and secondary financing in any way belonging, relating or appertaining to
LOTS 1 AND 2, BLOCK 23, HALL'S CENTRAL AVENUE NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 39, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
A/K/A 2600 & 2608 CENTRAL AVENUE, ST. PETERSBURG, FL 33712
Folio #s
23/31/16/35082/023/0010 and 23/31/16/35082/023/0020
(the “Land”), to wit:
(a) Additional Land. All additional lands, states and development rights hereafter acquired by Debtor for used in connection with the Land and the development of the Land;
(b) Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the “Improvements”);
(c) Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interest, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any away now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, title, interest, dower and rights of dower, courtesy and right so f courtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
(d) Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to, all hearing, air conditioning, plumbing, lighting, communications and elevator fixtures) trade fixtures and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, including without limitation, letter of credit rights, deposit accounts, payment intangibles, investment property, electronic chattel paper, timber to be cut and farm animals and, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements s(collectively, the “Personal Property”), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interest, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the “Uniform Commercial Code”), superior in lien to the lien of this Security Instrument and all proceeds and products of tall of the above;
(e) Leases and Rents. All leases, subleases and other agreements affecting the use, enjoyment or occupancy of the Land and/or the Improvements heretofore or hereafter entered into and all extensions, amendments and modifications thereto, whether before or after the filing by or against Debtor of any petition for relief under creditors rights laws (the “Leases”) and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, any guaranties of the lessees; obligations thereunder, cash or securities deposited thereunder to secured the performance by the lessees of their obligations thereunder and all rents, Additional rents, revenues, room revenues, accounts, accounts receivable, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the creditors rights laws (the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents;
(f) Insurance Proceeds. All proceeds of and any unearned premiums on any insurance policies covering the Land, Improvements and/or Personal Property including, without limitation, the right to receive and apply the proceeds of an insurance, judgments, or settlements made in lieu thereof, for damage thereto;
(g) Condemnation Awards. All awards or payments, including interest thereon, which may theretofore and hereafter be made with respect to the Land or Improvements, whether form the exercise of the right of eminent domain (including, but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Land or Improvements;
(h) Tax Certiorari. All refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Land or Improvements as a result of tax certiorari or any applications or proceedings for reduction;
(i) Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
(j) Rights. The right, in the name and on behalf of Debtor, to appear in and defend any action or proceeds brought with respect to the Land, Improvements, Persona Property, Leases or Rents and to commence any action or proceeding to protect the interest of Secured Party therein;
(k) Agreements. All agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specification and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof an d any Improvements or respecting any business or activity conducted on the Land and any part thereof and all right, title and interest of Debtor therein and thereunder;
(l) Intangibles. All trade names, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Land and Improvements;
(m) Cash and Accounts. All cash funds, deposit accounts and other rights and evidence of rights to cash, all present and future funds, accounts, instruments, accounts receivable, documents, causes of action, or claims now or hereafter held, created or otherwise capable of credit to the Debtor/Borrower; and
(n) Other Rights. Any and all other rights of Debtor in and to the items set forth in Subsections (a) through (m) above.
DATED this 11 day of May, 2012.
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 Court Administrator at 727-464-3341. If you are hearing or voice impaired, call Florida Relay Service 800-955-8770.
Respectfully Submitted,
STACEY F. SOLOFF
Fla. Bar No. 449814
TABAS, FREEDMAN, SOLOFF, MILLER & BROWN, P.A.
Attorneys for Bayview Loan Servicing, LLC
One Flagler Building
14 Northeast First Avenue, Penthouse
Miami, Florida 33132
Telephone: (305) 375-8171
Facsimile: (305) 381-7708
[email protected]
May 18, 25, 201212-04155