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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL ACTION
Case No. 13-2647-CI-7
VFC PARTNERS 14 LLC,
Plaintiff, v.
COMMERCIAL BEDDING
COMPANY, INC., UNITED STATES OF AMERICA, IRWIN CARL CALHOUN, EMMA H.
CALHOUN, STATE OF FLORIDA and U. S. SMALL BUSINESS
ADMINISTRATION,
Defendants.
NOTICE is hereby given that, pursuant to a Final Judgment entered March 12, 2015, in Case Number 13-002647-CI-7, in the Circuit Court of Pinellas County, Florida, the Clerk of Court shall offer for sale the property situate in Pinellas County, Florida, described as:
Parcel 1:
LOT ONE, PINELLAS CIGAR REPLAT, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGE 20, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
Parcel 2:
LOT 1, BLOCK A, PARTIAL REPLAT OF BLOCK W - FAIRMOUNT PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 75, PAGE 89, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA
Along with the following as to each of the parcels referenced above:
Together with all right, title and interest in and to the real property above, including all erected or affixed buildings, improvements, and fixtures, all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters.
Together with all right, title and interest in and to all present and future leases of the property and all rents from the property.
All equipment, fixtures, and other articles of personal property and which are attached or affixed to the real property located at 661 40th Street South, St. Petersburg, FL 33711 (the “Real Property”), together with all accessions, parts, and additions to, replacements of, and all substitutions for, any of such property, and together with all proceeds (including, without limitation, all insurance proceeds and refunds of premiums) from any sale or other disposition of such property; all tangible and intangible items that are directly or indirectly related to the acquisition, development, design, construction, permitting, marketing, or habitation of the Real Property or the improvements to be constructed on the Real Property, whether heretofore or hereafter issued, prepared, or executed, including, without limitation, all permits, licenses, authorizations, and approvals, trademarks and trade names, and any and all land use entitlements, development rights, sewer capacity, approvals, density allocations, and other rights or approvals relating to or authorizing the development or occupancy of the Real Property, plus all utility or other deposits, reimbursement rights, studies, tests, contracts, plans, and specifications relating to the Real Property and improvements.
Together with
All equipment, machinery, 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 to any of the foregoing (including insurance, general intangibles and accounts proceeds)
Including all of the following
(A) All accessions, attachments, accessories, tools, parts, supplies, replacements of and additions to any of the collateral described herein, whether added now or later;
(B) All products and produce of any of the property described herein.
(C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of the sale, lease, consignment or other disposition of any of the property described herein.
(D) All proceeds (including insurance proceeds) from a sale, destruction, loss, or other disposition of any of the property described herein, and sums due from a third party who has damaged or destroyed the collateral or from that party's insurer, whether due to judgment, settlement or other process.
(E) All records and data relating to any of the property described herein, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media.
Together with all inventory, chattel paper, accounts, equipment and general intangibles, 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 to any of the foregoing (including insurance, general intangibles and other accounts proceeds)
Together with
(a) The real property located in the County of Pinellas, State of Florida, as described above (the “Land”); commonly known as 661 40th Street South, St. Petersburg, FL 33711:
(b) All buildings, structures, improvements, fixtures and appurtenances, placed on the Land, and all apparatus and equipment attached in any manner to the Land or any building on the Land, including all pumping plants, engines, pipes, ditches and flumes, and also all gas, electric, cooking, heating, cooling, air conditioning, lighting, refrigeration and plumbing fixtures and equipment (collectively, the “Improvements”);
(c) All easements and rights of way appurtenant to the Land; all crops growing or to be grown on the Land (including all such crops following severance from the Land); all standing timber upon the Land (including all such timber following severance from the Land); all development rights or credits and air rights; all water and water rights (whether riparian, appropriative, or otherwise, and whether or not appurtenant to the Land) and shares of stock pertaining to such water or water rights, ownership of which affect the Land; all minerals, oil, gas, and other hydrocarbon substances and rights thereto in, on, under, or upon the Land:
(d) All existing and future leases, subleases, subtenancies, licenses, occupancy agreements and concessions relating to the use and enjoyment of all or any part of the Land or the Improvements, and any and all guaranties and other agreements relating to or made in connection with any of the foregoing;
(e) All proceeds, including all claims to and demands for them, of the voluntary or involuntary conversion of any of the Land, Improvements, or other property described above into cash or liquidated claims, including proceeds of all present and future fire, hazard or casualty insurance policies, and all condemnation awards or payments to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any breach of warranty, misrepresentation, damage or injury to, or defect in, the Land, Improvements, or other property described herein or any part of them; and
(f) All proceeds of, additions and accretions to, substitutions and replacements for, and changes in any of the property described above.
Together with all rents, royalties, issues, profits, revenue, income and proceeds of the Property, including all prepaid rents and security deposits (collectively, the “Rents”) including any sums that may become due and payable as bonus royalty payments, and any damages or other compensation in connection with any rights to develop, bore for or mine for any water, gas, oil, or minerals on or under the surface of the Property that are established and exercised.
Together with all of the following described personal property (collectively, the “Personalty”):
(a) All tangible personal property of every kind and description, whether stored on the Land or elsewhere, including, without limitation, all goods, materials, supplies, tools, books, records, chattels, furniture, fixtures, equipment, and machinery, and which in all cases is (i) used or useful in connection with any construction undertaken on the Land or the maintenance of the Land and the Improvements, or (ii) affixed or installed, or to be affixed or installed, in any manner on the Land or the Improvements;
(b) All crops growing or to be grown on the Land (including all such crops following severance from the Land); all standing timber upon the Land (including all such timber following severance from the Land); all water and water rights (whether riparian, appropriative, or otherwise, and whether or not appurtenant to the Land) and shares of stock pertaining to such water or water rights, ownership of which affect the Land; and all architectural and engineering plans, specifications and drawings, and as-built drawings which arise from or relate to the Land or the improvements;
(c) All general intangibles and rights relating to the Property, including, without limitation, all permits, licenses and claims to or demands for the voluntary or involuntary conversion of any of the Land, Improvements, or other Property into cash or liquidated claims, proceeds of all present and future fire, hazard or casualty insurance policies, and all condemnation awards or payments to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceedings, and all causes of action and their proceeds for any breach of warranty, misrepresentation, damage or injury to, or defect in, the Land, Improvements, or other Property or any part of them;
(d) All deposit accounts; all rights and interests under all Swap Contracts; including all rights to the payment of money under any such Swap Contracts; and all accounts, deposit accounts and general intangibles, including payment intangibles, described in any such Swap Contracts;
(e) All substitutions, replacements, additions, accessions and proceeds for or to any of the foregoing, and all books, records and files relating to any of the foregoing, including, without limitation, computer, readable memory and data and any computer software or hardware reasonably necessary to access and process such memory and data.
Together with the following claims, causes of action, awards, payments and rights to payment (collectively, the “Claims”):
(i) All awards of damages and all other compensation payable directly or indirectly because of a condemnation, proposed condemnation or taking for public or private use which affects all or part of the property or any interest in it;
(ii) All other awards, claims and causes of action, arising out of any breach of warranty or misrepresentation affecting all or any part of the Property, or for damage or injury to, or defect in, or decrease in value of all or part of the Property or any interest in it;
(iii) All proceeds of any insurance policies payable because of loss sustained to all or part of the Property; and
(iv) All interest which may accrue on any of the foregoing.
Together with all inventory, chattel paper, accounts, equipment and general intangibles, including all of the following;
(A) All accessions, attachments, accessories, tools, parts, supplies, replacements of and additions to any of the collateral described herein, whether added now or later;
(B) All products and produce of any of the property described herein.
(C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described herein.
(D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described herein, and sums due from a third party who has damaged or destroyed the collateral or from that party's insurer, whether due to judgment, settlement or other process.
(E) All records and data relating to any of the property described herein, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media.
Property Address: 661 40th Street South, Saint Petersburg, FL 33711-1623.
at Public Sale, to the highest and best bidder for cash, online via the internet at www.pinellas.realforeclose.com pursuant to Judgment or Order of the Court and Chapter 45, Florida Statutes., at 10:00 a.m. on the 17th day of June, 2015.
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.
NOTICE: 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 HUMAN RIGHTS OFFICE, 400 S. FT. HARRISON AVE., STE. 300, CLEARWATER, FL 33756, (727) 464-4880 (V) 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.
Dated: March 16. 2015.
By Adria M. Jensen
Florida Bar #11690
SHUMAKER, LOOP &
KENDRICK, LLP
240 South Pineapple Avenue
Post Office Box 49948
Sarasota, Florida 34230-6948
(941) 366-6660
(941) 366-3999 Facsimile
Primary E-mail:
[email protected]
Secondary E-mail:
[email protected]
SLK_SAR: #307742v1
April 3, 10, 2015 15-03371N