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SECOND AMENDED
NOTICE OF SALE
PURSUANT TO CHAPTER 45
IN THE CIRCUIT COURT IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
Case No. 11-008823-CI
Section 11
HSBC BANK, USA, NATIONAL ASSOCIATION, not in its individual capacity but solely as indenture trustee, under that certain Indenture dated June 1, 2007, as the same may be amended from time to time, for the benefit of the Indenture Trustee and holders of the Business Loan Express Business Loan-Backed Notes, Series 2007-A as their interests may appear,
Plaintiff, v.
BAY VILLAGE OF SAINT PETERSBURG, INC., a Florida corporation, PINELLAS PROPERTIES, INC., a Florida corporation, MICHAEL SHIMSHONI, MID COUNTY PROPERTIES, INC., a dissolved Florida corporation, SUNSHINE PROPERTIES OF PINELLAS, INC., a Florida corporation, AFFORDABLE REALTY AND PROPERTY MANAGEMENT, INC., a Florida corporation, ST. PETERSBURG DEVELOPMENT CORPORATION, INC., a dissolved Florida corporation, MAC-GRAY SERVICES, INC., a Delaware corporation, as successor by merger to Amerivend Corporation, CM FLORIDA HOLDINGS, INC., a Florida corporation, as successor by merger to City National Bank, a national banking association, PINELLAS COUNTY, FLORIDA, CITY OF ST PETERSBURG, FLORIDA, MOSLEY MOTEL OF SAINT PETERSBURG, INC., a Florida corporation, CORPORATE MIDWEST INVESTMENT, LLC, a Nevada limited liability company, and ACCURATE ELECTRONICS, INC., a Florida corporation,
Defendants.
Notice is hereby given pursuant to an Amended Uniform Final Judgment of Foreclosure dated January 7, 2016, nunc pro tunc to August 28, 2015, entered in Case No. 11-008823-CI-11, of the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, in favor of the Plaintiff, ALTIS CARDINAL STORAGE, LLC, and against the Defendants, BAY VILLAGE OF SAINT PETERSBURG, INC., a Florida corporation, PINELLAS PROPERTIES, INC., a Florida corporation, MICHAEL SHIMSHONI, MID COUNTY PROPERTIES, INC., a dissolved Florida corporation, SUNSHINE PROPERTIES OF PINELLAS, INC., a Florida corporation, AFFORDABLE REALTY AND PROPERTY MANAGEMENT, INC., a Florida corporation, ST. PETERSBURG DEVELOPMENT CORPORATION, INC., a dissolved Florida corporation, PINELLAS COUNTY, FLORIDA, CITY OF ST PETERSBURG, FLORIDA, MOSLEY MOTEL OF SAINT PETERSBURG, INC., a Florida corporation, CORPORATE MIDWEST INVESTMENT, LLC, a Nevada limited liability company, and ACCURATE ELECTRONICS, INC., a Florida corporation., jointly and severally, that Plaintiff will sell to the highest and best bidder for cash at www.pinellas.realforeclose.com on June 30, 2016, at 10:00 a.m. EST, the following described real property as set forth in the Uniform Final Judgment of Foreclosure:
SEE EXHIBIT “A” ATTACHED HERETO.
EXHIBIT A
Parcel 1:
From NW corner of NW 1/4 of Section 23, Township 31 South, Range 16 East, run South 0 deg. 08'36” West 306 feet along center line of 34th Street north for a Point of Beginning; thence continue South 0 deg. 08'36” West 300 feet; thence North 89 deg. 57'34” East 380 feet, thence North 0 deg. 08'36” East 300 feet; thence South 89 deg. 57'34” West 380 feet to Point of Beginning, less Westerly 50 feet for the street, lying and being in Pinellas County, Florida.
and
All Business Assets of BAY VILLAGE OF SAINT PETERSBURG, INC., a Florida corporation, and all proceeds and products thereof.
and
The personal property more particularly described as:
A All buildings and other improvements now or hereafter located on real property known as 401 34th Street, North, St. Petersburg, FL 33713 (the “Real Property”).
B. All of Debtor's rights, title and interest in and to the rental, profit and income from the Real Property.
C. All fixtures, equipment, and articles of personal property now or hereafter owned by the Debtors and at any time affixed to, attached to, or necessary for the use, enjoyment, occupancy or operation of the above-described improvements or the Real Property, including, but not limited to, all plumbing and electric apparatus and equipment, cleaning and maintenance equipment, all boilers, tanks, engines, motors, power equipment, piping and plumbing, fixtures, pumps, heating and air conditioning equipment and systems and lighting equipment and systems and replacements of all the foregoing (excluding, however, any of the foregoing items owned by lessees and which may be removed upon the expiration of the applicable lease, except to the extent to the Debtor's interest therein).
D. All proceeds of the conversion voluntary or involuntary, of any of the foregoing into cash or liquidated claims including, without limitation proceeds of insurance and condemnation awards (the “Proceeds”)
E. All of Debtor's rights, title and interest in all equipment and machinery, including power-driven machinery and equipment, furniture and fixtures now owned or hereafter acquired, together with all replacements thereof, all attachments, accessories, parts and tools belonging thereto or for use in connection therewith; all inventory, raw materials, work in process and supplies now owned or hereinafter acquired, all accounts receivable now outstanding or hereafter arising, all contract rights and general intangibles now in force or hereafter acquired (as all such terms are defined in the Uniform Commercial Code)
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. 500 Clearwater, FL 33756, (727) 464-4062 V/TDD; or 711 for the hearing impaired. Contact should be initiated at least seven days before the scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven days. The court does not provide transportation and cannot accommodate such requests. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding transportation services.
Dated: May 20, 2016.
W. Patrick Ayers, Esq.
Florida Bar No. 615625
BURR & FORMAN LLP
One Tampa City Center, Suite 3200
201 North Franklin Street (33602)
Post Office Box 380
Tampa, Florida 33601
(813) 221-2626 (telephone)
(813) 221-7335 (facsimile)
[email protected] (primary)
[email protected] (secondary)
Attorneys for Plaintiff
26297079 v1
May 27; June 3, 2016 16-04183N