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FIRST INSERTION
AMENDED NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL ACTION
Case No. 12-004062-CI
Section 15
U.S. BANK NATIONAL
ASSOCIATION, as Indenture Trustee,
Plaintiff, v.
LITTLE PEOPLES LEARNING CENTER OF SAFETY HARBOR, INC.., a Florida corporation, DEAN AVRAM, ANASTASIA AVRAM, and JOHN/JANE DOE, fictitious names representing tenants in possession,
Defendants.
Notice is given that pursuant to a Uniform Final Judgment of Foreclosure dated August 10, 2012, and the Order Granting Plaintiff's Motion to Cancel and Reschedule Foreclosure Sale dated October 10, 2012, entered in Case No. 12-004062-CI-15 of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, in which U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee, is the Plaintiff, and LITTLE PEOPLES LEARNING CENTER OF SAFETY HARBOR, INC.., a Florida corporation, DEAN AVRAM, and ANASTASIA AVRAM, are the Defendants, the Clerk of the Court shall sell the subject property at an on-line public sale on December 10, 2012, to the highest bidder for cash, bidding begins at 10:00 a.m. Eastern Time on www.pinellas.realforeclose.com, in accordance with section 45.031, Florida Statutes, the following-described property set forth in said Uniform Final Summary Judgment of Foreclosure:
SEE EXHIBITS “A” AND “B”
ATTACHED HERETO.
EXHIBIT-A-
That part of the Southwest 1/4 of the Southeast 1/4 of Section 4, Township 29 South, Range 16 East, described as: Commencing at a point in the East boundary of the Public thoroughfare shown as “County Highway” on the plat of Harbor Hill Park, as recorded in Plat Book 8, Page 26, of the Public Records of Pinellas County, Florida, where said boundary is intersected by an easterly projection of the North line of Lot 43 of said Harbor Hill Park; and from the point thus established run thence North along the said East boundary 583.91 feet on a bearing of N. 0º23'08” E., to a line parallel to the South line of Safety Harbor Heights, as recorded in Plat Book 7, Page 23, of the Public Records of Pinellas County, Florida. Thence N. 89º39'33” E., 176.00 feet for a Point of Beginning; thence continue N. 89º39'33” E., 200.00 feet; thence S. 0º26'44” W. 200.00 feet; thence S., 89º39'33” W., 200.00 feet; thence N. 0º26'44” E., 200.00 feet to the Point of Beginning.
Debtor grants a security interest in all the estate, right, title, interest, claim or demand whatsoever of the Debtor, either at law or in equity, in and to the Land and the buildings and the fixtures and the personalty and the leases and the rents encumbered by that certain Security Agreement, all of even date herewith, from the Debtor to the Secured Party and after acquired property or replacements , or after acquired wherever located (the “PROPERTY”) described in EXHIBIT “A” together with and including the following:
A. All buildings, structures and improvements of every nature whatsoever, now or hereafter erected upon the PROPERTY; and
B. All goods, fixtures, furnishings, furniture, machinery, equipment and other personal property of every nature whatsoever contained in, located on or appurtenant to the PROPERTY, whether or not permanently affixed to the PROPERTY, or which may hereafter from time to time be placed thereon, and any accessions, substitutions, replacements or products thereof, including all extensions, additions, improvements, betterments, renewals and replacements to any of the foregoing; and all of the right, title and interest of the Debtor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim and together with the benefit of any deposits or payments now or hereafter made by the Debtor or on its behalf; together with the proceeds of all of the foregoing; and
C. All and singular the rights, rights-of-way, tenements, hereditaments, easements, appurtenances, servitudes, privileges, prescriptions, accretions and advantages which in any way now or hereafter belong to or pertain to the PROPERTY; and, all right, title and interest of the Debtor, including any other claim at law or in equity, if any, now owned or hereafter acquired, in and to any land lying in the bed of any street, road, avenue or alley, open or proposed, in front of or adjoining the PROPERTY, including any Sovereignty Submerged Land Leases with the State of Florida; and
D. All right, title and interest of the Debtor in and to all present and future rents, and all agreements for use or occupancy for any portion of the PROPERTY, together with the immediate and continuing right to collect all of the present and future rents, income, receipts, revenues, issues and profits now due or which may become due under said leases, written or oral, and together with all of the estate, right, title, interest, claims and demands of the Debtor whatsoever, whether in law or equity in and to the same, together with all security deposits and prepaids payable thereunder; any and all royalty payments, whether contingent or absolute; and
E. All gas and electric fixtures, radiators, heaters, water pumps, air conditioning compressors and ducts, equipment, machinery, boilers, ranges, elevators, motors, bath tubs, sinks, water closets, water basins, pipes, faucets, any other plumbing and heating fixtures, all appliances, mantels, refrigerating plants, ice boxes, window screens, screen doors, venetian blinds, cornices, storm shutters, awnings, and any ventilating, irrigating and power systems which are now or may hereafter pertain to, be used with, in or on said PROPERTY, whether they be either detached or detachable, all of which shall be deemed “fixtures”; and
F. All other interests of every kind and character which the Debtor now has or at any time hereafter acquires, in and to the PROPERTY and in and to all PROPERTY, tangible and intangible, which is used in connection with the operation of the PROPERTY including, but not limited to, policies of insurance and the proceeds thereof, maintenance and service contracts, water and sewer allocations and licenses and permits issued by governmental authorities, all abstracts or title, building permits, trade name, business records, occupancy agreements, surveys, engineering work, architectural or engineering plans, or landscape designs, all of which may relate to the Land, now existing or hereafter obtained by or on behalf of Debtor; and
G. All awards hereafter made by virtue of any exercise of the right of condemnation or eminent domain by any authority, including any damages which shall be awarded for the partial or total condemnation of the PROPERTY, or any part thereof, or the possession thereof, or any right to any easement affecting the PROPERTY or appurtenant thereto (including any award for any change of grade of streets), and the proceeds of all sales in lieu of condemnation; and
H. All inventory, raw materials and work in process, now owned or hereafter acquired; all accounts receivable now outstanding or hereafter arising; all contract rights and general intangibles now in force or hereafter acquired; and
I. The proceeds of any of the foregoing; and
J. All of Debtor's rights to further encumber the PROPERTY for Debt.
EXHIBIT B
OFFICE INVENTORY
1. Computer DELL-1
2. HP Office 6210 All in one fax and printer unit - 1
3. Copier brand energy - 1
4. Phones - 2
5. File cabinet - 2
6. Paper shredder - 1
7. Casio calculator DR-21HD- 1
8. Cell phones Nokia (AT&T) - 2
KITCHEN INVENTORY
1. Refrigerator/General Electric - 1
2. Microwave/convention oven by Sharp - 1
3. Washer by Whirlpool - 1
4. Dryer by Whirlpool - 1
HALLWAY INVENTORY
1. Tables - 2
2. Bookcases - 6
3. Wireless sensors - 2
ROOM BY ROOM INVENTORY
ROOM #1
1. TV's - 0
2. Microwave - 1
3. Computers - 0
4. Cabinets - 2, plus diaper-change cabinet cubbies on shelf and basket cubbies above diaper changer
5. Chairs - 10; 4 in shed
6. Tables - 2
7. Phones - 1
8. File cabinets - 0
9. Printers - 0
10. Refrigerators - 1
11. Book cases - 3 plus bookshelf
12. Radios/CD Players - 1
13. DVD Players - 0
14. Easels - 0
15. Play house furniture - stove, refrigerator, sink and 1 plastic table
4 plastic cushions to climb on
ROOM # 2 (ORANGE)
1. TV's - 0
2. Microwave's - 1
3. Computers - 0
4. Cabinets - 2
5. Chairs - 19
6. Tables - 5
7. Phones - 1
8. File Cabinets - 1
9. Printers - 0
10. Refrigerators - 0
11. Bookcases - 2
12. Radios/CD Players - 1
13. DVD Players - 0
14. Easels - 1
15. Playhouse furniture: 1 kitchen table, 4 chairs
16. Cubbies - 30
ROOM # 3
1. TV's - 0
2. Microwave's - 1
3. Computers - 0
4. Cabinets - 5
5. Chairs - 14
6. Tables - 3
7. Phones - 1
8. File Cabinets - 0
9. Printers - 0
10. Refrigerators - 0
11. Bookcases - 2
12. Radios/CD Players - 1
13. DVD Players - 0
14. Easels - 1
15. Playhouse furniture - 7
ROOM # 4
1. TV's - 0
2. Microwave's - 1
3. Computers - 0
4. Cabinets - 17
5. Chairs - 17
6. Tables - 4
7. Phones - 1
8. File Cabinets - 1
9. Printers - 0
10. Refrigerators - 0
11. Bookcases - 1
12. Radios/CD Players - 1
13. DVD Players - 0
14. Easels - 0
15. Playhouse furniture: 6
ROOM # 6 - PRE-K
1. TV's - 0
2. Microwave's - 1
3. Computers - 2
4. Cabinets - 1
5. Chairs - 22
6. Tables - 5
7. Phones - 1
8. File Cabinets - 0
9. Printers - 1
10. Refrigerators - 0
11. Bookcases - 4 (1 lrg; 3sml)
12. Radios/CD Players - 1
13. DVD Players - 0
14. Easels - 1
15. Playhouse furniture - 11 pieces sink, stove, closet, washer/dryer table w/4 chairs, refrigerator
16. Red couch, red chair (book center)
ROOM # 7
1. TV's - 1
2. Microwave - 1
3. Computers - 2
4. Cabinets - 18
5. Chairs - 23
6. Tables - 5
7. Phones - 1
8. File Cabinets - 2
9. Printers - 0
10. Refrigerators - 1
11. Bookcases - 1
12. Radios/CD Players - 2
13. DVD Players - 0
14. Easels - 2
15. Playhouse furniture: 11
OUTSIDE EQUIPMENT INVENTORY
1. Toys - T) 4-14
2. Tricycles - 5
3. Large equipment T) 6 - 14
4. Swings T) 3 - 9
5. Tire swings 3
6. Sand tables - T) 2 (1 lrg; 1 sml)
7. Cars- T) 6
8. Balls T) 9 - 11
9. Garden snail - large
10. Chairs - 3 small
“T” is touler equipment
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
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. Within two (2) working days of your receipt of this (describe notice/order) please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD). 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 disabled transportation services.
Dated this 15th day of October, 2012.
ARNSTEIN & LEHR LLP
302 Knights Run Avenue, Suite 1100
Tampa, Florida 33602
(813) 254-1400 voice
(813) 254-5324 facsimile
Attorneys for Plaintiff
RONALD B. COHN, Esq.
Florida Bar No. 599786
October 19, 26, 2012 12-09314