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NOTICE OF FORECLOSURE SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR PINELLAS COUNTY
CIRCUIT CIVIL CASE NO. 52-2010-CA-06767-XX-CI-CI
BRANCH BANKING AND TRUST COMPANY, a North Carolina banking corporation,
Plaintiff, v.
INNOVISION PRACTICE GROUP, P.A., MARK SARNO and NEVIN SARNO,
Defendants.
NOTICE IS HEREBY GIVEN pursuant to the Final Judgment as to Counts I, II, III, and VIII entered on June 16, 2016 (the “Judgment”), in Case No. 52-2010-CA-06767-XX-CI-CI of the Circuit Court for Pinellas County, Florida, THE OFFICE OF KEN BURKE, CLERK OF THE CIRCUIT COURT, will sell to the highest and best bidder for cash In an online sale at www.pinellas.realforeclose.com, beginning at 10 a.m. on the 2nd day of August, 2016, the following described property as set forth in the Judgment:
See attached Exhibit “A.”
EXHIBIT “A”
The personal property that is subject matter of this action is located mainly in Pinellas County, Florida, and is described as follows:
Uncle Bob's Storage
Chairs
Manufacturer Model Ser#
Reliance 880 7950
Reliance 880 9136
Reliance 880 14479
Reliance 880 51106 Reliance 880 51136
Reliance 880 13997
Reliance 880 10341
Reliance 880 61060
Marco 5616
Stands
Manufacturer Model Ser#
Reliance 7700 162245
Reliance 7700 149997
Reliance 7700 32172
Reliance 7700 8938
Reliance 7700 51130
Reliance 7700 33153
Reliance 7700 111906
Reliance 7700 50630
Reliance 7700 31043
Slit Lamps
Manufacturer Model Ser#
Topcon SL-2D 405097
Topcon SL-2D 403452
Topcon SL-2D 305385
Topcon SL-2D 403360
Topcon SL-2D 405306
Topcon SL-2D 405122
Topcon SL-2D 405435
Topcon SL-2D 404361
Marco 2B 252149
Marco 2B 252322
Uncle Bob's Storage
Area, Type, Model, Ser#;
Pretest
Visual Field, -, -, -;
NCT, -, -, -;
Auto refractor, Canon, RK1, -;
Auto Lensometer, Topcon, NL30, -;
Exam Room A
Chair, Reliance, 880, 11189;
Stands, Reliance, 001c, 29399;
Phoroptor, Reichart, 11625, 37073;
Slit Lamp, Topcon, SL-23, 403568;
BIO, Topcon, ID-5, -;
Exam Room B
Chair, Reliance, 880, 14791;
Stand, Reliance, 7720, 34595;
Phoroptor, Reichart, 11625, 40517;
Slit Lamp, Topcon, SL2-ED, 620248;
BIO, Topcon, ID-5, -;
Exam Room C
Chair, Reliance, 880, 111699;
Stand, Reliance, 77001c, 291187;
Phoroptor, Reichart, 11625, 40254;
Slit Lamp, Topcon, SL-2E, 626333;
BIO, Topcon, ID-5, -;
METRO STORAGE
Area, Type, Model, Ser#;
Pretest
Visual Field, Humphrey, 610, 2642;
NCT, Topcon, CT-20, 16735;
Lensometer, Topcon, 101, 11083;
Auto Lensometer, Reichart, -, -;
Camera, Topcon, TRC-JE, 450492;
Exam Room A
Chair, Reliance, 880, 12712;
Stand, Reliance, 7700, 31037;
Phoroptor, Reichart, 11625, 434030;
Slit Lamp, Topcon, SL-2D, 405072;
BIO, Topcon, ID-5, -;
Exam Room B
Chair, Reliance, 880, 10413;
Stand, Reliance, 7720, 28756;
Phoroptor, Reichart, 11625, 156980;
Slit Lamp, Topcon, SL2-E, 627683;
BIO, Topcon, ID-10, -;
Exam Room C Keratometer, B&L, 71-21-35, -;
Keratometer, B&L, 71-21-35, -;
Projector-Head, AO, 11082 POC, -;
Debtor hereby grants a security interest in all of the following property of the Debtor, whether now owned or hereafter acquired or arising, wherever located, including, without limitation, the real property located at 3040 West Bearss Avenue, Tampa, Florida 33618; 1700-B 66th Street North, St. Petersburg, Florida 33710; 33649 U.S. Highway 19 North, Palm Harbor, Florida 34684; 2654 Gulf-To-Bay Boulevard, Suite 1520, Clearwater, Florida 33759; 8501 4th Street North, St. Petersburg, Florida 33704; 3288-3290 Cove Bend Drive, Tampa, Florida 33613; and 10785 102nd Avenue, Seminole, Florida 33778:
a. All rights of the Debtor to payment for goods sold or leased, or to be sold or to be leased, or for services rendered, howsoever evidenced or incurred including, without limitation, all accounts, instruments, chattel, paper and general intangibles, all returned or repossessed goods and all books, records, computer tapes, programs and ledger books arising therefrom or relating thereto, whether now owned or hereafter acquired or arising.
b. All inventory of Debtor, whether now owned or hereafter acquired, wherever located, including, without limitation, all goods of Debtor held for sale or lease or furnished or to be furnished under contracts of service, all goods held for display or demonstration, goods on lease or consignment, returned and repossessed goods, all raw materials, work-in-progress, finished goods and supplies used or consumed in Debtor's business, together with all returns, repossessions, substitutions, replacements, parts, additions, accessions and all documents, documents of title, dock warrants, dock receipts, warehouse receipts, bills of lading or orders, for the delivery of all or any portion of the foregoing.
c. All equipment of the Debtor including, without limitation, all machinery, furniture, furnishings, leasehold improvements, fixtures, forklifts, dies, tools and personal property of any kind of Debtor, together with all accessories and attachments thereto, all replacements and substitutes used or useful in the Debtor's business, whether now owned or hereafter acquired or arising. Some of the foregoing are or may become fixtures affixed to the real property described herein.
d. All of Debtor's present and future right, title and interest in and to all contracts, agreements, plans, governmental authorizations, consents, licenses, approvals, permits and other documents that concern or relate to the Land or the business of the Debtor and/or the construction of improvements on the Land.
e. All property of Debtor left with Secured Party or in its possession now or hereafter and any balance or deposit account of Debtor and all drafts, checks and other times deposited in or with Secured Party by Debtor for collection or safekeeping, with full authority given to Secured Party, upon the occurrence of any Event of Default as set forth in the various loan documents between Debtor and Secured Party, to charge and or all such indebtedness of Debtor without notice or demand against any obligation secured hereby.
f. All general intangibles now owned or hereafter acquired by the Debtor.
g. All products and proceeds (including insurance proceeds, pre-petition and post-petition bankruptcy proceeds) arising from or in any way relating to any or all of the collateral described above.
Which property is encumbered by that certain unrecorded Security Agreement between BB&T and Innovision Practice Group, P.A. dated November 8, 2007.
**ANY PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (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. Within two (2) working days of your receipt of this notice 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.
Submitted on June 22, 2016,
L. GEOFFREY YOUNG, ESQ.
Florida Bar No. 188763
[email protected]/
[email protected]
TRENAM, KEMKER,
SCHARF, BARKIN, FRYE,
O'NEILL & MULLIS, P.A.
200 Central Avenue, Suite 1600
St Petersburg, FL 33701
(727) 896-7171 Fax: (727) 822-8048
Attorneys for Plaintiff
July 1, 8, 2016 16-04968N