12-3714P

FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT
IN AND FOR
PASCO COUNTY, FLORIDA
CIRCUIT CIVIL CASE NO. 51-2012-CA-2130WS
FLAGSHIP COMMUNITY BANK,
Plaintiff, vs.
PETER J. IRELAND, PJ IRELAND
& ASSOCIATES, INC., a Florida
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 Pasco County, Florida, the Clerk will sell the Property situated in Pasco County, Florida, described as follows:
SEE ATTACHED EXHIBIT
“A and B”
EXHIBIT “A”
Lot 2, Block “C”, PAPPAS COLONY SUBDIVISION; said lot, block and subdivision being numbered and designated in accordance with the plat of said subdivision which appears of record in Plat Book 5 at Page 4 of the Public Records of Pasco County, Florida.
LESS:
That property conveyed by special warranty deed from Philip Goodell and Florence Goodell, his wife, dated July 2, 1957, filed July 22, 1957 in Official Records Book 74 at Pages 532 and 533 of the Public Records of Pasco County, Florida, to the State of Florida.
AND:
The South 30 feet of Lot 3, Block “C”, PAPPAS COLONY SUBDIVISION; said portion of lot and block being designated in accordance with the plat of said subdivision recorded in Plat Book 5 at Page 4 of the Public Records of Pasco County, Florida.
Together with that certain Assignment of Rents and Leases dated October 29, 2007, recorded in O.R. Book 7676, Page 1991, of the Public Records of Pasco 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 water courses, relating to the real property.
Together with all 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 lessees' performance under the Leases, together with the immediate and continuing right to collect and receive all 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 of insurance covering the loss of rents resulting from unintenantability caused by destruction or damage to the real property, all proceeds payable as a result of a lessee's exercise of an option to purchase the real property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding and all proceeds from ay rights and claims of any kind which Lessor may have against any lessee under the Lease or any occupants of the real property.
Together with all interests in tangible and intangible property as described below, and on Exhibit “B” attached hereto, whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions, relating to any of the foregoing: all records of any kind relating to any of the foregoing; all proceeds relating any of the foregoing (including insurance, general intangibles and accounts proceeds).
Together with any additions, repairs, replacements, accessions, products or proceeds, including proceeds of any insurance payable as a result of loss or damage to the collateral, and any similar acquired collateral of the type specified.
EXHIBIT “B”
(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 Pasco County, Florida, described in Section 4 of the UCC Financing Statement (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, 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, rent, issues, incomes and profits of any of the foregoing.
(c) Tangible Property. All of the Debtor's interest in 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) 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 Land. 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, accessions, renewals, replacements and substitutions of any or all of the foregoing (the “Tangible Property”)
(d) Incomes. All rents, issues, incomes 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 instrument.
(e) Secondary Financing. All of Debtor's right, power or privllege to further encumber any of the property described in this paragraph for debt.
(f) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property described in this paragraph 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.
(g) Contract Rights and Accounts. All of debtor's right, title and interest in and to any and all contacts, 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 Land, Improvements, Tangible Property or the Rents, or any combination, including any and all deposits, prepaid items, and payments due and to become 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 all trade names hereafter used in connection with the operation of the Land, 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 all permits, licenses, insurance policies, rights of action, and other choices in action.
(j) Development Rights. All permits, plans, approvals, engineering, impact fees and other incidental rights to development of the subject property and/or contracts associated therewith.
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.pasco.realforeclose.com beginning at 11:00 a.m. on October 24, 2012.
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 Public Information Dept,. Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) for proceedings in New Port Richey; (352) 521-4274, ext 8110 (V) for proceedings in Dade City, 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.
LAW OFFICE OF GALE M.
BOBENHAUSEN, P.A.
Gale m. bobenhausen, Esq.
28501 U.S. Highway 19 North,
Suite 107
Clearwater, FL 33761
(727)252-0230
FL BAR# 0434345
[email protected]
October 12, 19, 2012 12-3714P

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