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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA
Case No.: 51-2010-CA-0269-WS-J3
BRANCH BANKING AND TRUST
COMPANY, a North Carolina
banking corporation, as
successor-in-interest to Colonial Bank by asset acquisition from
the FDIC as Receiver for Colonial Bank,
Plaintiff, v.
JEFFREY A. BONYNGE,
individually, FLORIDA WASH DESIGN, LLC, a Florida limited liability company, and PRISTINE & CLEAN, INC., a Florida
corporation, SUNBELT RENTALS, INC.,
Defendants.
Notice is hereby given that pursuant to the Final Judgment of Foreclosure in the case of Branch Banking and Trust Company, Plaintiff, v. Jeffrey A. Bonynge, individually, et al., Case No.: 51-2010-CA-0269-WS-J3, the undersigned Clerk of the Circuit Court in Pasco County, Florida will on April 25, 2014, at 11:00 a.m., via the www.pasco.realforeclose.com website, shall offer the identified property set forth herein for sale and sell at public outcry to the highest bidder for cash involving the following real or personal property, situate, lying and being in Pasco County, Florida (the “Property”) described as follows:
Lot B, BROWN ACRES UNIT ONE, according to the map or plat thereof, as recorded in Plat Book 7, Page 105, of the Public Records of Pasco County, Florida, less the Easterly 57 feet thereof to the State of Florida for U.S. Hwy. 19 Right of Way;
AND
Lot 2, BROWN ACRES UNIT ONE, according to the map or plat thereof, as recorded in Plat Book 7, Page 105, of the Public Records of Pasco County, Florida;
AND
And a portion of Tract 36, PORT RICHEY LAND COMPANY'S SUBDIVISION of Section 9, Township 25 South, Range 16 East, according to the map or plat thereof, as recorded in Plat Book 1, Page 61, of the Public Records of Pasco County, Florida, being further described as: Commence at the Southwest corner of Lot 4, BROWN ACRES UNIT ONE, according to the map or plat thereof, as recorded in Plat Book 7, Page 105, of the Public Records of Pasco County, Florida; thence run along the South line of said Lot 4, 56.00 feet for a Point of Beginning; thence run along the South line of Lot 2 of said Brown Acres Unit One, North 89°59'08” East, a distance of 56.00 feet to the West line of Lot B of said Brown Acres Unit One, thence South 00°00'52” East, 79.01 feet to the South line of said Tract 36; thence South 89°56'11” West along said South line of Tract 36, 56.00 feet; thence North 00°00'52” West 79.06 feet to the Point of Beginning (a/k/a Lot 2-A of the unrecorded Plat of Brown Acres West);
AND
Lot 4, BROWN ACRES UNIT ONE, according to the map or plat thereof, as recorded in Plat Book 7, Page 105, of the Public Records of Pasco County, Florida;
AND
A portion of Tract 36, PORT RICHEY LAND COMPANY'S SUBDIVISION of Section 9, Township 25 South, Range 16 East, according to the map or plat thereof, as recorded in Plat Book 1, Page 61, of the Public Records of Pasco County, Florida, and being further described as follows: Commence at the Southwest corner of Lot 4, BROWN ACRES UNIT ONE, according to the map or plat thereof, as recorded in Plat Book 7, Page 105, of the Public Records of Pasco County, Florida; thence run along the South line of said Lot 4, 56.00 feet to the West line of Lot 2 of said Brown Acres, Unit One, thence South 00°00'52” East, 79.06 feet to the South line of said Tract 36; thence South 89°56'11” West along said South line of Tract 36, 56.00 feet; thence North 00°00'52” West, 79.11 feet to the Point of Beginning (a/k/a Lot 4-A of the unrecorded Plat of Brown Acres West);
LESS and EXCEPT that portion of Lot 4, BROWN ACRES UNIT ONE, according to the map or plat thereof, as recorded in Plat Book 7, Page 105, of the Public Records of Pasco County, Florida, conveyed in Official Records Book 6962, Page 1315, being further described as follows:
Commence at the Northwest corner of Lot 4 for a Point of Beginning; run thence North 89°59'08” East along the North line of said Lot 4, a distance of 56.00 feet; thence South 00°00'52” East along the East line of said Lot 4, a distance of 74.00 feet; thence South 53°06'56” West, a distance of 10.00 feet; thence South 00°00'52” East, a distance of 8.00 feet; thence South 89°59'08” West, a distance of 48.00 feet to a point on the West line of said Lot 4; thence North 00°00'52” West along said West line, a distance of 88.00 feet to the Point of Beginning.
AND THE PERSONAL PROPERTY DESCRIBED AS FOLLOWS:
a. Improvements. All buildings, structures, betterments, fruit trees, groves and other improvements of any nature now or hereafter situated in whole or in part upon the lands in Pasco County, Florida, described on this Exhibit “A” (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 of way, streets, alleys, passages, drainage 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, rents, issues incomes, and profits of any of the foregoing.
c. Tangible Property. All of Debtor's interest in all fixtures, equipment, crops now sown and/or growing in the future and tangible personal property of any nature whatsoever now or hereafter (i) attached or affixed to the Land or the Improvements, or both, regardless of whether physically affixed thereto or severed or capable of severance therefrom, or (ii) 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 (including stationery, letterheads, billheads, and items of a similar nature); and all additions, accessions, renewals, replacements, and substitutions of any or all of the foregoing (the “Tangible Property”).
d. Income. All rents, issues, incomes, and profits in any manner arising from the Land, Improvements, or Tangible Property, or any combination, or 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. Proceeds. All proceeds of the conversion voluntary or involuntary, of any of the property described in this Exhibit into cash or other liquidated claims, or that are otherwise payable for injury to, or taking or requisitioning of, any such property, including all insurance and condemnation proceeds.
f. Contract Rights. All of Debtors right, title and interest in and to any and all contracts, written or oral, expressed or implied, now existing or hereafter entered into or arising, in any manner related to the improvements, use, combination, including any and all deposits, prepaid items and payments due and to become due thereunder, and including construction contracts, service contracts, advertising contracts, purchase orders, and equipment leases.
g. Name. All right title and interest of Debtor in and to any trade name now or hereafter used in connection with the operation of the Land, and all related marks, logos and insignia.
h. 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 choses in action.
i. Construction Materials. All lumber, concrete block, drywall, sheet rock, concrete, roof trusses, beams, joints, or any other personal property used or intended to be used in connection with the construction of any improvements on the Land or any of such items of personal property which are intended to be incorporated into the Land as an Improvement thereon.
j. Sewer Fees. All sewer capacity reservation fees and/or reserved sewer capacity, all tap in rights, all impact fees, all of which may benefit the Land or Improvements.
k. Plan. Any and all plans, specifications, permits, including building permits, licenses, fees, architectural drawings, surveys and plats associated with the construction of any proposed improvements to the Land.
l. Construction Documents. The foregoing types of property include specifically all of the following: all contracts, plans and documents that concern the design and construction of the improvements, including plans and specifications, drawings and architectural and/or engineering contracts, and construction contracts, together with all amendments, revisions, modifications and supplements.
m. Secondary Financing. All of Debtor's rights, power or privilege to further encumber any of the property described in this paragraph for debt.
n. Business Assets. All of Debtors accounts, contract rights, chattel paper, instruments: drafts and general intangibles, whether now existing or hereafter arising or acquired (herein collectively referred to as the “Receivables”), and all of Debtor's interest in goods which shall have given or shall give rise to such Receivables, whether now existing or hereafter arising or acquired, including without limitation all of Debtor's right, title and interest in and to all lease agreements and rental contracts entered into between Debtor and its customers (including, without limitation, all rents, revenues, income claims and rights to money arising under said lease agreements and rental contracts, or contract rights, benefits, discretions, and powers arising thereunder), and all of Debtor's rights, title and interest in all Inventory (as defined below), which is the subject of such lease agreements and rental contracts; all inventory of Debtor, including all raw materials, goods in process, and finished goods of every kind or character, whether presently in existence or hereafter acquired and wherever located, and all direct and remote proceeds thereof (all such property is herein collectively referred to as the “Inventory”); all of Debtor's machinery, equipment, removable trade fixtures, furniture, furnishings, leasehold improvements and all other goods and tangible personal property of every kind and description whatsoever used or bought for use primarily in Debtor's business whether now owned or hereafter acquired by Debtor, together with all service contracts and manufacturer's or dealer's warranties relating thereto, all additions, replacements and substitutions thereto or therefor, as well as all attachments, accessions, parts materials, supplies and accessories now or hereafter installed therein, affixed thereto or used in connection therewith (all of such property being hereinafter collectively referred to as the “Equipment”), and any other property of any nature whatsoever of Debtor now or hereafter with or in the possession of or assigned or hypothecated to the Secured Party for any purpose, including, but not limited to, balances, credits, deposits, accounts, items and moneys of Debtor now or hereafter with the Secured Party, and all dividends and distributions on or rights in connection with any such property. All of such property (including without limitation the Equipment the Inventory and the Receivables) shall also include all direct and remote proceeds thereof. As used herein, “proceeds” includes not only what is received upon sale, exchange, collection or other disposition of the aforementioned collateral or loss of or damage to collateral, but also all rents, profits and other revenues (including without limitation chattel paper, instruments, and money) derived from renting, leasing or otherwise permitting the use of the aforementioned collateral of the business now known as FLORIDA WASH DESIGN, LLC. a Florida limited liability company, having an address of 11227 US Highway 19, Port Richey, FL whether such items are now owned hereafter acquired or owing to Debtor, and wherever such items are located. As used in this paragraph, the term “include”, “includes” or “including” is for illustrative purposes only and is always without limitation.
Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the Notice of 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) 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.
DATED this 2nd day of April, 2014.
W. Glenn Jensen, Esq.
Florida Bar No. 0126070
[email protected]
[email protected]
Mychal J. Katz, Esq.
Florida Bar No. 0037588
[email protected]
[email protected]
ROETZEL & ANDRESS, LPA
P.O. Box 6507
Orlando, FL 32802-6507
Phone: (407) 896.2224
Fax: (407) 835.3596
C/M 122734.0011
April 4, 11, 2014 14-02039P