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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
CIVIL DIVISION
CASE NO:
51-2012-CA-004894-XXXX-WS
SYNOVUS BANK,
Plaintiff, vs.
DISCOVERY WORLD LEARNING CENTER, INC., a Florida corporation; et al,
Defendants.
Notice is hereby given that, pursuant to the Uniform Final Judgment of Foreclosure entered in this cause in the Circuit Court of Pasco County, Florida, I will sell the property situated in Pasco County, Florida, described as:
Parcel Identification Number 12/25/16/0090/03100/0190
Lot 4, Block 31, Griffin Park Subdivision, City of Fivay, as recorded in Plat Book 2, Page 78, Public Records of Pasco County, Florida, together with that portion of the alley lying between said lots as vacated in O.R. Book 1663, Page 1402, Public Records of Pasco County, Florida, LESS AND EXCEPT right-of-way for State Road 52 lying within 77.00 feet of the baseline of survey as shown on Florida Department of Transportation Right of Way Map Section 14120-2521.
Lot 5, Block 31, Griffin Park Subdivision, City of Fivay, as recorded in Plat Book 2, Page 78, Public Records of Pasco County, Florida, together with that portion of the alley lying between said lots as vacated in O.R. Book 1663, Page 1402, Public Records of Pasco County, Florida, LESS AND EXCEPT right-of-way for State Road 52 lying within 77.00 feet of the baseline of survey as shown on Florida Department of Transportation Right of Way Map Section 14120-2521.
Lot 6, Block 31, Griffin Park Subdivision, City of Fivay, as recorded in Plat Book 2, Page 78, Public Records of Pasco County, Florida, together with that portion of the alley lying between said lots as vacated in O.R. Book 1663, Page 1402, Public Records of Pasco County, Florida, LESS AND EXCEPT right-of-way for State Road 52 lying within 77.00 feet of the baseline of survey as shown on Florida Department of Transportation Right of Way Map Section 14120-2521.
Lot 7, Block 31, Griffin Park Subdivision, City of Fivay, as recorded in Plat Book 2, Page 78, Public Records of Pasco County, Florida, LESS AND EXCEPT right-of-way for State Road 52 lying within 77.00 feet of the baseline survey as shown on Florida Department of Transportation Right of Way Map Section 14120-2521.
Lot 18, Block 31, Griffin Park Subdivision, City of Fivay, as recorded in Plat Book 2, Page 78, Public Records of Pasco County, Florida.
Lots 19, 20 and 21, Block 31, Griffin Park Subdivision, City of Fivay, as recorded in Plat Book 2, Page 78, and that portion of the South ½ of vacated alley lying directly North of and adjacent to said Lots 19, 20 and 21, Block 31, Public Records of Pasco County, Florida.
That portion of the ten foot platted alley lying between Lot 7 and Lot 18, Block 31, Griffin Park Subdivision, City of Fivay, as recorded in Plat Book 2, Page 78, Public Records of Pasco County, Florida as vacated in O.R. Book 4094, Page 583, Public Records of Pasco County, Florida.
All Debtors' now or hereafter acquired fixtures, equipment, machinery and other personalty and all rents, profits, deposits, receipts, permits, contracts and contract rights as more specifically described in Schedule “A” attached hereto, pertaining to the real property described above.
All machinery, equipment, furniture and fixtures, now owned or as hereafter acquired, including that to be purchased with a portion of the loan proceeds, all inventory now owned or hereafter acquired, all accounts receivable, contract rights and general intangibles now owned or hereafter acquired; and insurance proceeds of above also covered.
SCHEDULE “A”
DESCRIPTION OF
COLLATERAL
All rights, title and interest of Debtor(s) in and to the minerals, soil, flowers, shrubs, crops, trees, timber and other emblements now or hereafter on the real property described in this Schedule (herein referred to as “Property”) or under or above the same or any part or parcel thereof.
All Debtor(s) presently owned or hereafter acquired fixtures together with all parts, accessories and attachments, and all additions, replacements, insurance and other proceeds of the foregoing. Future advances are also covered. This Property includes, but is not limited to the following: All buildings, structures, and improvements of every nature whatsoever now or hereafter situated on the Property and all furniture, furnishings, fixtures, inventory, fittings, goods and materials on site, and articles of personal property of every kind and nature whatsoever excluding removable equipment and machinery, now or hereafter owned by the Debtor(s) and located in, on, or used or intended to be used in connection with or with the operation of the Property, buildings, structures or other improvements, including all extensions, additions, improvements, betterments, renewals, accessions and/or replacements to any of the foregoing, and all of the personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Debtor(s) or on its behalf.
TOGETHER WITH all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging, or in any wise appertaining, and the rents, issues, and profits thereof, and also all the estate, right, title, interest and all claims and demands whatsoever, as well in law as in equity, of the Debtor(s) in and to the same, and every part and parcel thereof, and also specifically but not by way of limitation all gas and electric fixtures, radiators, heaters, water pumps, air conditioning equipment, boilers, ranges, elevators and motors, bath tubs, sinks, water closets, water basins, pipes, faucets, and other plumbing and heating fixtures, mantels, refrigerating plants and ice boxes, window screens, all freezing, lighting, laundry, incinerating, and power equipment; engines, pumps, tanks, conduits, switchboards, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus, furnaces, oil burners or units thereof, appliances, air cooling and air conditioning apparatus, awnings, storm doors and windows, stoves, refrigerators, attached cabinets, partitions, ducts and compressors, rugs and carpets, draperies, furniture and furnishings in commercial, institutional and industrial buildings, together with all building materials to be installed therein, screen doors, venetian blinds, cornices, storm shutters and awnings, which are now or may hereafter pertain to or be used with, in or on the Property, even though they may be detached or detachable, are and shall be deemed to be fixtures and accessories to the freehold and a part of the Property.
FURTHER TOGETHER WITH Debtor(s) interest as lessor in and to all rents, issues, income, profits generated through the use by Debtor(s) or others of the real or personal property encumbered by this instrument, including and such rents, issues, income, profits and any such payments in lieu thereof, of any business activity conducted by Debtor on or through the use of the Property, together with any and all guarantees of such leases and including all present and future security deposits and advance rentals, and the proceeds of all of the foregoing.
All of the water, sanitary and storm sewer systems now or hereafter owned by the Debtor(s) which are now of hereafter located by, over, and upon the Property or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes and appurtenances.
All paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor(s) and which are now or hereafter located on the Property of any part or parcel thereof.
Any and all awards of payments, including interest thereof, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of the Property.
All of the right, title and interest of the Debtor(s) in and to all inearned premiums accrued, accruing or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights of Debtor(s) arising from contracts entered into in connection with development, construction upon or operation of the Property.
All Debtor's rights to any fictitious or other names or tradenames used in conjuction with the Property.
In the case of multiple Debtors the term “Debtor” or “Debtors”, as used herein, jointly and severally, includes all Debtors. The Property affected by the financing statement is owned by DISCOVERY WORLD LEARNING CENTER, INC., a Florida corporation, and is legally described as attached hereto. Also encumbered are all Debtor's rights as provided in the Assignment of Rents, Leases, Contracts, Accounts and Deposits executed simultaneously herewith. A foreclosure of the indebtness (or a voluntary conveyance in lieu of foreclosure) shall include foreclosure and/or transfer of all of Debtor's right, title and interest in all of the foregoing.
at an online public sale, to the highest and best bidder, for cash, at www.pasco.realforeclose.com, beginning at 11:00 a.m., on MARCH 18, 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 the Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext 8110 (V) 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. 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.
CHARLES A. BUFORD
FBN: 322539
JOHNSON, POPE, BOKOR,
RUPPEL & BURNS, LLP
911 Chestnut Street (33756)
P. O. Box 1368
Clearwater, FL 33757-1368
Telephone: 727-461-1818
Facsimile: 727-462-0365
Primary email: [email protected]
Secondary email: [email protected]
Attorney for Plaintiff
# 1249010
March 1, 8, 2013 13-00977P