13-11316N

FIRST INSERTION
AMENDED NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No. 13-CA-001703-CI
Section 21
U.S. BANK NATIONAL
ASSOCIATION, as successor
Indenture Trustee, and BUSINESS LOAN CENTER, LLC,
Plaintiffs, v.
M. & J. PRESCHOOLS II, INC. d/b/a Brite Beginnings
Preschool; CHARLES E.
SANDERS; MARTA L. SANDERS; JO ELLEN CALDWELL; UNITED STATES OF AMERICA o/b/o THE INTERNAL REVENUE SERVICE; 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 27, 2013 and an Order Canceling and Rescheduling Foreclosure Sale dated October 16, 2013, entered in Case No. 13-CA-001703-CI-21 of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, in which U.S. BANK NATIONAL ASSOCIATION, as successor Indenture Trustee, and BUSINESS LOAN CENTER, LLC, are the Plaintiffs, and M. & J. PRESCHOOLS II, INC. d/b/a Brite Beginnings Preschool; CHARLES E. SANDERS; MARTA L. SANDERS; JO ELLEN CALDWELL; and UNITED STATES OF AMERICA o/b/o THE INTERNAL REVENUE SERVICE, are the Defendants, the Clerk of the Court shall sell the subject property at an on-line public sale on December 27, 2013, 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”
Legal Description
The East 100 feet of the West 310.5 feet of the North 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 27, township 30 South, Range 16 East, LESS the North 33 feet and the South 20 feet for streets, sometimes referred to as Farm 11, Block 2, HAINES ROAD FARMS UNRECORDED PLAT, in the Public Records of Pinellas County, Florida.
TOGETHER WITH any and all buildings, betterments and other improvements and property now or hereafter located thereon, including bridges, bulkheading and fill now or hereafter located in, on or about the above described land and all additions thereto and all renewals, replacements and replenishments thereof; and including as a part of the realty, plumbing, lighting, heating and air conditioning units, equipment, machinery, ducts and conduits whether detachable or not, now or hereafter located in and about the above described land, including all additions thereto and all renewals, replacements and replenishments thereof; and
TOGETHER WITH any and all fixtures, personal property, accounts, consumer goods, equipment, products, farm products, general intangibles, chattel paper, inventory, proceeds and all other goods [the foregoing terms to be defined in accordance with the meanings presently ascribed to them in Florida Statutes, Chapter 679 (Article 9, Uniform Commercial Code)] now or hereafter owned by Mortgagor and located in, on or about or used in connection with or pertaining to or arising out of all or any part of the real property encumbered by this mortgage, and all renewals, replacements and replenishments thereof and all proceeds and products thereof; and
TOGETHER WITH all and singular the tenements, hereditaments and appurtenances belonging or in anywise appertaining to the above described land, including all reversionary interest in any roads or streets located within or adjacent to the above described land, and all riparian rights; all patents and trade processes used by Mortgagor in connection with the land encumbered hereby; all development rights and utility allocations pertaining to the property encumbered hereby; all governmental bonds (whether or not pertaining to utility service to the premises) all minerals and mineral rights, water and water rights, and trees and timber relating to the property encumbered hereby; all utility and other deposits pertaining to the property encumbered hereby; all rights in any easements, licenses, permits and other rights of any nature benefiting and/or serving the land encumbered hereby; all management agreements, service contracts and other contracts pertaining to the property encumbered hereby; all other rights or privileges whatsoever pertaining to the property encumbered hereby; and also all the estate, right, title, interest and all claim and demand whatsoever, as well in law as in equity, of Mortgagor in and to all of the same, including but not limited to:
1. All rents, issues, profits, revenues, royalties, rights and benefits derived from the property hereby encumbered from time to time accruing, whether under leases or tenancies now existing or hereafter created, reserving to Mortgagor, however, so long as Mortgagor is not in default hereunder, the right to receive and retain the rents, issues and profits.
2. All causes of action of Mortgagor relating to the property hereby encumbered and all judgments, and awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the property hereby encumbered or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to such property or the improvements thereon or any part thereof, or to any rights appurtenant thereto, including any award for change of grade of streets.
EXHIBIT “B”
Personal Property Description
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 encumbering or relating to that certain parcel of real estate (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 in 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.
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 or 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 24th day of October, 2013.
Ronald B. Cohn, Esq.
Florida Bar No. 599786
ARNSTEIN & LEHR LLP
302 Knights Run Avenue, Suite 1100
Tampa, Florida 33602
(813) 254-1400 voice
(813) 254-5324 facsimile
Primary E-mail address:
[email protected]
Secondary E-mail addresses:
[email protected] and
[email protected]
Attorneys for Plaintiff
November 1, 8, 2013 13-11316N

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