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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
Case No. 11-007094-CI-11
BRANCH BANKING AND TRUST COMPANY, INC., a North Carolina banking corporation,
Plaintiff, v.
BEL MAR POINTE DEVELOPERS, LLC, et al
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure entered in the above-styled case, number 11-007094-CI-11 in the Circuit Court of Pinellas County, Florida, that Ken Burke, Pinellas County Clerk, will sell the following property situated in Pinellas County, Florida, described as:
PARCEL A:
That strip of land lying East of Lot 30, Block “I” and lying between the North and South lines of said Lot 30, as extended East to the water and lying between the East line of Florida Avenue and the water, all as shown on the Revised Map of Phillips Division of Pass-a-Grille City, according to the Map or Plat thereof, as recorded in Plat Book 3, Page 38, being the same property shown on the Map of Phillips Division of Pass-a-Grille City, according to the Plat thereof, as recorded in Plat Book 4, Page 26, Public Records of Pinellas County, Florida.
PARCEL B:
Lot 28, Block “I”, Revised Map of Phillips Division of Pass-a-Grille City, according to the Map or Plat thereof, as recorded in Plat Book 3, Page 38, being the same property shown on the Map of Phillips Division of Pass-a-Grille City, according to the Plat thereof, as recorded in Plat Book 4, Page 26, Public Records of Pinellas County, Florida.
PARCEL C:
That certain unnumbered parcel or tract of land, designated Water Lot, lying between Pass-a-Grille Way and the waters of Boca Ciega Bay, and across Pass-a-Grille Way, opposite Lot 29 of Block “I”, and opposite all the alley abutting said Lot 29, in Plat Book 4, Page 26, Pinellas County, Florida Public Records: said parcel being 65 feet, more or less, in width and lying between the bayward extensions of the North lines of Lot 28, Block “I” and the North line of Lot 29, Block “I”, if said lines were extended Eastward.
and
Lessee's interest in the following referenced Sovereignty Submerged Land Leases demising the Lands as described therein:
That certain Sovereignty Submerged Land Lease Renewal (No. 522178523) dated February 14, 1997, recorded in Official Records Book 12289, Page 6 of the Public Records of Pinellas County, Florida, and any amendments, modifications, extensions or renewals thereto, as pledged by that certain Collateral Assignment of Lessee's Interest in Sovereignty Submerged Land Lease (the “Original Assignment of Submerged Land”), dated April 24, 2007, and recorded May 3, 2007, in Official Records Book 15773, Page 197, of the Public Records of Pinellas County, Florida.
That certain Sovereignty Submerged Land Lease Renewal (No. 520341993), recorded on December 28, 2007, in Official Records Book 16101, Page 470, of the Public Records of Pinellas County, Florida, and any amendments, modifications, extensions or renewals thereto, as pledged by that certain Collateral Assignment of Lessee's Interest in Sovereignty Submerged Land Lease, dated May 29, 2009, and recorded June 19, 2009, in Official Records Book 16618, Page 92, of the Public Records of Pinellas County, Florida.
Property Address: 2005 & 2007 Pass-A-Grille Way, St. Pete Beach, FL 33706
and
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 above as Parcels A, B and C (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. 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, titre, 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 linds, 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 including any 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 or 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 or any part or parcel thereof.
Any and all awards of payments, including interest thereon, 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 unearned 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 conjunction with the Property.
at public sale, to the highest and best bidder for cash, via the internet: WWW.PINELLAS.REALFORECLOSE.COM, at 10:00 a.m. on January 11, 2016.
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.
“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) 464-4062 (V/TDD) 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 or voice impaired, call 711.”
Dated this 12th day of November, 2015.
Robert C. Schermer, Esquire
Florida Bar No. 380741
GREENE HAMRICK QUINLAN
& SCHERMER, P.A.
Post Office Box 551
Bradenton, Florida 34206
Telephone: (941) 747-1871
Facsimile: (941) 747-2991
Primary:
[email protected]
Secondary: [email protected]
Attorneys for Plaintiff
November 20, 27, 2015 15-10653N