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Spoonbill Cove @ Carlton LakesMEMORANDUM DATE: TO: FROM: RE: May 9, 2002 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II Project Plan Review Spoonbill Cove @ Carlton Lakes Water and/or Sewer Facilities Acceptance On IO/~ , 200~The Board of County Commissioners granted final acceptance of The water and/or sewer facilities within the above-referenced project. Attached, please find the following recorded documents, in order: 1. Utilities Facilities Subordination, Consent and Joinder 2. Bill of Sale 3. Utility Easement 4. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. 9. 10. 11. Owner's Affidavit Attorney's Affidavit Copy of preliminary approval letter from Engineering Review Copy of cashier's check & receipt for maintenance bond Engineer's final payment confirmation Certification of pressure testing of water lines by Engineer of Record Bacteriological clearances (DER certification) for water facilities Memorandum to Maureen Kenyon, Supervisor, Clerk to Board May 9, 2002 Page Two 12. DER Placement-in-Service letter for sewer facilities 13. 14. 21. Contractor's Final Release of Lien Verification of final cost (Detailed: quantities, sizes, unit cost, total cost, etc.) 15. Letter by Engineer certifying that all water and/or sewer facilities are located within the public right-of-way or dedicated easements 16. Contractual Guarantee for material and workmanship for a period of at least one year after the Board of County Commissioners' acceptance for both water and sewer facilities 17. Payment of water usage, laboratory and administrative charges for filling, flushing and bacteriologically certifying water lines from invoice prepared by the Utilities Division 18. Letter from fire district regarding ownership and maintenance of fire hydrants and certification of field fire flow capacity testing 19. Copy of backflow prevention assembly test report 20. Certification of the inflow/infiltration test for the sewer lines by Engineer of Record Coating certification of man holes, wet wells and dry well from manufacturer 22. 23. Copy of video tape test report Letter from Compliance Services section certifying that the final inspection reveals that the Utility facilities have been constructed in accordance with County ordinances and regulations 24. One copy of utility easement If you have any questions, please call and advise accordingly. attachments Dwight E. Brock Clerk County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ORIGINAL BY: DALE DEPUTY CLERK OFFICIAL RECEIPT When Validated RECEIPT: 3687482 NAME : PAYOR: REFNC: ENGINEERING REVIEW/ S NI BCC 113 138312 63 649030 DC: 4 DOCUMENTS DOC TYP SUBORD B SALE ESMT DEED FILE ID BOOK PAGE 2984195 3039 0704 2984196 3039 0708 2984197 3039 0712 2984198 3039 0716 DESCRIPTION RECORDING OF LEGAL INSTRUMENT P.R.M.T.F. RECORDING FEE INDEXING DOCUMENTARY STAMPS - 70 DOCUMENTARY STAMPS - 35 INTANGIBLE TAX SALES COPIES MISCELLANEOUS FEES INTANGIBLE PENALTY INTANGIBLE INTEREST RECORDING DEPOSITS REFUNDS AMOUNT 68.00 10.00 1.40 DEPT: RECORDING TOTAL DUE: 79.40 Page 01 of 01 Prepared by and return to: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 2984195 OR: 3039 PG: 0704 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/17/2002 at 01:42PM DWIGHT E. BROCK, CLERK REC FEE I9.50 Beth: ENGINEERING REVIEW/SHIRLEY NIX HORSESHOE DRIVE UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER This Subordination, Consent and Joinder, given this ,k.c//-~ day of O¢7"o.~e1~, , 2001, by FIRST UNION NATIONAL BANK, N.A. (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain UCC-1 Financing Statement filed with the Secretary of State, Number 950000252883; Mortgage in favor of First Union National Bank, N.A., as recorded in Official Records Book 2128, page 1637, and as modified by instruments recorded in Official Records Book 2285, page 1534, Official Records Book 2375, page 2385, Official Records Book 2462, page 1661, Official Records Book 2631, page 1356, and Official Records Book 2831, page 2404; and UCC-1 Financing Statement recorded in Official Records Book 2128, page 1662; all of the Public Records of Collier County, Florida; (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of utility facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of reference, which premises are hereinafter referred to as the "Easement Property." WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein or affixed thereto. Except as subordinated to the easement OR: 3039 PG: 0705 described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. WITNESSES: FIRST UNION NATIONAL BANK, a National Association Print Name: Title: STATE OF FLORIDA COUNTY OF ~ The foregoing instrument was acknowledg~e/d befqre me..this =zQ;i~t~. day of ~c7'0,~?-~_, 2001, by ~E. /V. ~ ? r , as l//c.~ ~l~;~t~r~7- of First Union National Bank, a National Association. He/~t~e is personally known to me ~ (Seal) ~p i~,?ambel:ic My Commission Expires: N:\Clients\NTC Dev LTD_0204\Utility Facillities Subordination-Carlton Lakes. DOC -2- '' EXIIIBIT"A" OR: 3039 PG: 0706 ,~o~ C.U.E. 5~F±) \~" ~ ~. DMENSON5 ARE IN FEET AND DECIMALS THEREOF -~-"~//~. o ~ ~ ~ 2. CURVE DIMENS,ONS ARE AS FOLLOWS' ~ ~ ~ [ ~ 5. BEARINGS ARE BASED ON THE EASTERLY LINE OF TRACT "A" ~ / , ~ CARLTON LAKES UN T NO. 5 PLAT BOOK 56 _ ~ / /,' ~ PAGES 66-75, COLLIER COUNTY, FLORIDA AS BEING N Xx X~ 'LINE OF TRACT "A''~ ~~~. ~ ~.O.C. ~ ~ ~ ~ ~ SOUTHEA3TERLY CORNER OF TRACT 'A", x ~ CARLTON LAKES UNIT NO J ~ (PLAT BOOK 54, PAGE 56-75) ,,, ,,,, ,,,, ,,,, CARLTON LAKES UNIT NO. 1 (PLAT BOOK 26, PAGE 65-72) ~, ~/ ,~ (PLAT BOOK 26, PAGE 65-72) ~ %~ '~ ***NOT A SURVEY*** project: ¢~: NTC DEVELOPMENT INC. CARLTON LAKES UNIT NO. 5 TRACT 'A" title: SNETCH AND DESCRIPYION OF A COUNFY UTILITY EASEMENT (C.U.E.) mmm~ ddte: ocQd: mmmm~GNOLI Certificate of Authorization So~. LB 3fl64 and ER mmmmm~ARBER & ~cole: mlmmmm 1 = ~0' tech: ~WH smmmss~RUNDAGE, P~ofcssiona[ engineers, planners, ·tand surveyors project sheet Collier County: Suite ZOO, 7400 Tamiami Trait, North; Naples, FL 34108 (94l)507-3111 ~e County: Suite lot. 1625 H.nd,y S~eet, Fort Myers. FL a3001 (041)337-31[I 6696 *** OR: 3039 PG: 0707 LEGAL DESCRIPTION A COUNTY U'I~ITY EASEMENT (C.U.E.) LYING IN TRACT "A", CARLTON LAKES UNIT NO. 3 ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 34, PAGES 66-73 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED TRACT "A": THENCE NORTH 19°52'19.. WEST ALONG THE EASTERLY LINE OF SAID TRACT "A" A DISTANCE OF 153.29 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 04°35'47" AN ARC DISTANCE OF 48.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID EASTERLY LINE SOUTH 80°59'31.' WEST A DISTANCE OF 20.01 FEET; THENCE NORTH 07°29'13" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 80°59'3 I" EAST A DISTANCE OF 16.68 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EASTERLY LINE OF TRACT "A" AND THE ARC OF A NON- TANGENT CURVE CONCAVE EASTERLY AND WHOSE RADIUS POINT BEARS NORTH 77035'57'' EAST A DISTANCE OF 600.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 02°52'29'. AN ARC DISTANCE OF 30.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 546 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. -GE~G'12 ~/. H,~CKN~Y P.S.M. 5606 REF. ABB DWG #8102-SD1 ,Main ()fticc: 741)()Tami,mli Trail N., ?;uitc 2f)l), a cs :~t'i t 34108 1~),41) F, 97 3111 FAX: Prepared by and return to: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 2984196 OR: 3039 PG: 0708 RECORDED i~ OFFICIAL RECORDS of COLLIER COUNTY, ~L 05/17/2002 at 01:42PM DWIGHT E, BROCK, CLERK REC FEE 19,50 Retn: ENGINEERING REVIEW/SHIRLEY NIX HORSESHOE DRIVE EXT 5586 BILL OF SALE This Bill of Sale evidencing the sale and conveyance of the water and sewer utility facilities described herein is made this Ic~ day of 1~=~:~_, 2001, by NTC DEVELOPMENT, INC., a Florida limited partnership (hereinafter referred to as "Seller") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, to said Seller in hand paid by the said Buyer, the receipt of whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain water and sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to wit: See Exhibit "A" attached hereto and incorporated herein by reference. The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. OR: 3039 PG: 0709 IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and year first above written. WITNESSES: NTC DEVELOPMENT, LTD., a Florida limited partnership By: SW FLORIDA PARTNERS, INC., a Florida corporation, General Partner Robert G. Claussen, President (Corporate Seal) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ]q 7'&'day of/_~d~/g,h.ox) , 2001, by Robert G. Claussen, as President, of SW Florida Partners, Inc., a Florida corporation, General Partner of NTC Development, Lt~d~d..5t_-FAoxida !imited~-p-aB32ership, on behalf of the corporation and the partnership, ~rson-~-!l-Y 1, n,~w__n.-2'to me or produced fi//~ as identification. ...-_~.~., ~ ~, Notary PubliC' ~.,~i'g~p, mmi~n CC 9yf , Name:~t:kw-o_~."'~o~ Iq'tz~c~ (Seal) ~~ ~ July I:~,2cc4 Print %-?~-~ ~ ~ My Commission Expires: 7-/~ - o7oo ~ N:\Clients\NTC Dev LTD_0204\Bill of Sale-Carlton Lakes. DOC -2- E~LIBIT"A"OR: 3039 PG: ~ / /~ CARLTON LAKES UNIT ~ ~ / // ~ ~ PACES 66-7~, COLLIER COUNTY, FLORIDA AS BEING N 19'52'19"W. LINE OF TRACT "A", ~ ~ ~~ TRACT L ~ LAKES UNIT NO. I ~{~ x~ ~' (PLA T BOOK ***NOT A SURVEY*** project: for: NTC DEVELOPMENT INC. CARLTON LAKES UNIT NO. 5 reACT "A" :[itle: SKETCH AND DESCRIPTION OF A COUNTY UTILITY EASEMENT (C.U.E.) ~ date: acod: ~a,: (~i i)5a~-~03 180CT01 8102-SD1 ~ARBER ~ scale: llllll[ llllll 1 = JO' tach: GWH IIIIII~RUNDAGE, INC. project sheet Pro[essional engineers, planners, · land surveyors Collier County: Suite 200, 7400 Tamiami Trail, North; Naples, FL 34108 (g41)SgT-31lt ~O,: 10 OR: 3039 PG: 0711 LEGAL DESCRIPTION A COUNTY UTIL1TY EASEMENT (C.U.E.) LYING IN TRACT "A", CARLTON LAKES UNIT NO. 3 ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 34, PAGES 66-73 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A THE sOUTHEASTERLY CORNER OF THE AFOREMENTIONED TRACT THENCE NORTH 19°52'19" WEST ALONG THE EASTERLY LINE OF SAID TRACT "A" A DISTANCE OF 153.29 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 04°35'47" AN ARC DISTANCE OF 48.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID EASTERLY LINE SOUTH 80°59'31" WEST A DISTANCE OF 20.01 FEET; THENCE NORTH 07°29'13" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 80°59'31~ EAST A DISTANCE OF 16.68 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EASTERLY LINE OF TRACT "A" AND THE ARC OF A NON- TANGENT CURVE CONCAVE EASTERLY AND WHOSE RADIUS POINT BEARS NORTH 77035'57" EAST A DISTANCE OF 600.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 02°52'29~ AN ARC DISTANCE OF 30.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 546 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. GEO~G'E W. I-IA'CK/41~Y P.S.M. 5606 REF. ABB DWG #SlO2-SD1 (941) 597-311 I FA×: iO-tI ~ 560 2203 ~'4~ '-.2~ !!-~ t \Y 'i11 ,:-'i II Prepared by and return to: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 2984197 OR: 3039 PG: 0712 RECORDED in OFHCIAL RECORDS of COLLIER COUNTY, FL 05/I7/2002 at 01:42PM DWIGHT B. BROCK, CLERK REC FEE 19,50 DOC-.70 .70 Retn: ENGINEERING REVIEW/SHIRLEY NIX HORSESHOE DRIVE EXT 5586 UTILITY EASEMENT THIS EASEMENT, granted this /e? day of ~C7-t9~'~ ,2001, by NTC DEVELOPMENT, LTD., a Florida limited partnership, as Grantor, and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum or Ten Dollars ($10.00), and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license and privilege to enter upon and to install and maintain utility facilities in, on, over and under the following described lands being located in Collier County, Florida, to-wit: See attached Exhibit "A," which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto said Grantee and its assigns, together with the right to enter upon said land, excavate and take materials for the purpose of constructing, operating and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. OR: 3039 PG: 0713 IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed the day and year first above written. WITNESSES: NTC DEVELOPMENT, LTD., a Florida limited partnership Printed Name: Pnnted Name: By: SW FLORIDA PARTNERS, INC., a Florida corporation, General Partner By: Robert G. 'C~laussen, President ' (Corporate Seal) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this /qTt~'day 2001, by Robert G. Claussen, as President of SW Florida Partners, Inc., a Florida co~oration, as Sole General Partner of NTC Development, Ltd., a Florida limited partnership~fi~-is'¢~f~6r~fi]'[y ~nown to m-'e)or produced At///~ as identification. Notary Publidj' (Seal) Printed Name!-J)e ~o~o~ My Commission Expires: N:\Clients\NTC Dev LTD_0204\UtilityEasement-Carlton Lakes. DOC -2- OR: 3039 PG: 0714 ,~se~'~ ~ C.U~. . 5~r~~ ~ ~ ~ -'~) XX 1. DIMENSIONS ARE ¢N FEET AND DECIMALS THEREOF. ~6¢~/~° XX ~ ~ 2. CURVE DIMENSIONS ARE AS FOLLOWS: ~ i ~" ~ ~/ D = DELTA ANGLE, R = RADIUS, A = ARC DISTANCE, .... ~ ] I ~ 5. BEARINGS ARE BASED ON D~E EASTERLY LINE OF TRACT "A" ~ / I~ CARLTON LAKES UNIT NO.J PLAT BOOK 36 ~o / /; %~ PAGES 66-73, COLLIER COUNTY, FLORIDA AS BEING N ;9'52'~9"W. ~ kx ~ X~ (PLAT BOOK 50, PACE 52-58) fl ~ I ~¢~ (PLAT BOOK 26, PAGE 65- ~) ~ ~ ~ k SOUTHEASTERLY CORNER OF TRACT "A", I X X / CARl_ TON LAKES UNIT NO. 3 I ~(PLAT BOOK ~, PAGE 56-73) T~ACT~ 4 T "L'"' " ~ECN~~ ~ ~ ~ TtON~ ~ ~ . (PL~ BO0~6, PAGE 65-72) ~ ~ ~ ***NOT A SURVEY*** project: ~o~: NTC DEVELOPMENT INC. CARLTON LAKES UNIT NO. 5 TRACT "A" Utle: SKETCH AND DESCRIPTION OF A COUNTY UTILITY EASEMENT (C.U.E.) ~A date: aced: IIII~GNOL[ certificate of Authorization Nos. EH 3664 and EH ~664 IIIII~ TaT: (.41)aa~-~oa 180CT01 8102-5D1 IIIII IIIII~ARBBR A scale: IIIIII~ , IIIIII 1": 50 tech: GWH IIIIII~D~, I~. Pro[essional engineers, planners, · land surveyors pro~ect sheet ~e County: Suite 10t, 1625 Hendry S~eet, Fort Myers, FL 33901 (941)337-3111 5696 7 of 2 LEGAL DESCRIPTION OR: 3039 PG: A COUNTY UTILITY EASEMENT (C.U.E.) LYING IN TRACT "A", CARLTON LAKES UNIT NO. 3 ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 34, PAGES 66-73 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED TRACT "A"; THENCE NORTH 19°52'19'' WEST ALONG THE EASTERLY LINE OF SAID TRACT "A" A DISTANCE OF 153.29 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 04035'47'' AN ARC DISTANCE OF 48.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID EASTERLY LINE SOUTH 80°59'31'' WEST A DISTANCE OF 20.01 FEET; THENCE NORTH 07°29'13" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 80°59'31" EAST A DISTANCE OF 16.68 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EASTERLY LINE OF TRACT "A" AND THE ARC OF A NON= TANGENT CURVE CONCAVE EASTERLY AND WHOSE RADIUS POINT BEARS NORTH 77035'57'' EAST A DISTANCE OF 600.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 02°52'29" AN ARC DISTANCE OF 30.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 546 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. 0715 GEO~G-I~ W. HA'CKB~Y P.S.M. 5606 REF. ABB DWG #8102-SD1 ~a~e ,~9f~, 3, l.,in ()t'ticc:74(}l)Ta[ui,mdTrail N.,Nuhc 200, ,~ cs :,,~ri ~34108 {9-+1)597 3111 I:-kX: ~)41 ,,~(~(~ __.(),-~ ~ ' Prepared by and return to: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 2984198 OR: 3039 PG: 0716 RECORDED in OFFICIAL RECORDS 0t: COLLIER COUNTY, FL 05/17/2002 at 01:42PM DWIGHT E, BROCK, CLERK REC FEE ENGINEERING REVIEW/SHIRLEY NIX HORSESHOE DRIVE ~XT 55~6 DOC-,70 19,50 ,70 UTILITY FACILITIES WARRANTY DEED THIS INDENTURE, granted this I~ day of Oc..T'o'~re~- , 2001, between NTC DEVELOPMENT, INC., a Florida limited partnership (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all water and sewer utility facilities lying within the following described land, together with appurtenant easement rights for the operation, installation and maintenance of said facilities, situate, lying and being in Collier County, Florida, to-wit: See attached Exhibit "A," which is incorporated herein by reference; and said Grantor hereby fully warrants the title to said utility facilities and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A." Grantor and Grantee are used for singular or plural, as context requires. OR: 3039 PG: 0717 IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed the day and year first above written. WITNESSES: NTC DEVELOPMENT, LTD., a Florida limited partnership By: By: SW FLORIDA PARTNERS, INC., a Florida corporation, General Partner Robert G. Claussen, President (Corporate Seal) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this/~ ~ day of~, 2001, by Robert G. Claussen, as President of SW Florida Partners, Inc., a Florida corporation, as Sole General Partner of NTC Development, Ltd., a Florida limited partnership,~ho is pe-~na--~ known to. or produced ?///:? as iden~i-ff~atio~. (Seal) Notary Publi~/ Printed Name iT)do ¢ ~ ,-'..~ .'-~ o ~ ~ ~-t-,, ~ My Commission Expires: 7- ~ _.%.- -~,.~'~ N:\Clients\NTC Der LTD_0204\Utilities Facilities Warranty Deed-Carlton LakesDOC -2- ' '' EXIIIBIT "A" ,,~, E C.U.E. "(545"$F±)~ 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF ' ~ ~ ~ ~ ~ 5, BEARINGS ARE BASED ON TIlE EASTERLY LINE OF TRACT "A" ~ / I~ CARLTON LAKES UNIT NO.3 PLAT BOOK 36 ~ ~ / /,' ~ PAGES 66-73, COLLIER COUNTY, FLORIDA AS BEING N Xx- X[ 'tINE OF TRACT '~~ ~ ~ ~ _ ~ P 0 C. ~ ~ ~ ~ ~ SOUTHEASTERLY CORNER OF TRACT "A", I x ~/ CARL TON tAKES UNIT NO. 5 I ~(PLAT BOOK 54, PAGE 66-75) T~AC l "L./' ~EC~ TION~ ~ ~>. ~ ~, ~~6~(PI A T BOOK 26 PAGE ~-~)65-72)~ ~. ~ ~ .. ***NOT A SURVEY*** I project: ¢o~: NTC DEVELOPMENT INC. CARLTON LAKES UNIT NO. 5 TRACT "A" UUe: SKETCH AND DESCRIPTION OF A COUNTY UTILITY EASEMENT (C.U.E.) IIII~OL[ Certificate of Authorimation Noi. LB ~664 and EB ~664 IIII1~ [.,: (O, 1)5~8-2203 180CT01 8102-SD1 Iiiii iiiii~ARBgR A scale: IIIIII~ IIIIII 1 ~ ~0' ~ech: GWH iiiIii~R~NDAGg, Professional engineers, planners, & land surveyors project sheet Cailler Caunty: Suite 200, 7400 Tamiam[ Trail, North; Naples, FL 34106 (941)~97-3111 ~0.: ~e County: Suite 101, 1~5 ~endry S~eet, ~ort Uy,,,, ~r ~a~at (oim3~-atu 6696 ~ of 2 mmmmmm'O~, IIIBIh'I~ mmmmmm...l' mmmlBmm lWqk-,-.-,- · ~ OR: 3039 PG: LEGAL DESCRIPTION A COUNTY UTILITY EASEMENT (C.U.E.) LYING IN TRACT "A", CARLTON LAKES UNIT NO. 3 ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 34, PAGES 66-73 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED TRACT THENCE NORTH 19°52'19" WEST ALONG THE EASTERLY LINE OF SAID TRACT "A" A DISTANCE OF 153.29 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 04035'47" AN ARC DISTANCE OF 48.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID EASTERLY L1NE SOUTH 80059'31" WEST A DISTANCE OF 20.01 FEET; THENCE NORTH 07°29'13" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 80°59'31" EAST A DISTANCE OF 16.68 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EASTERLY LINE OF TRACT "A" AND THE ARC OF A NON- TANGENT CURVE CONCAVE EASTERLY AND WHOSE RADIUS POINT BEARS NORTH 77°35'57'' EAST A DISTANCE OF 600.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 02052'29.. AN ARC DISTANCE OF 30.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 546 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. 0719 GE(]i~G-I~ W. HA'CKlq~Y P.S.M. 5606 REF. ABB DWG #S 102-SD 1 This instrument prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 OWNER' S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER On this /'q ~' day of ~)~ ~' h~) , 2001, before me personally appeared ROBERT G. CLAUSSEN, as President of SW Florida Partners, Inc., a Florida corporation, as Sole General Partner of NTC DEVELOPMENT, LTD., a Florida limited partnership, owner of property, to me personally known (hereinafter "Affiant"), who, being duly sworn on his oath, did say that all of the persons, firms, and corporations, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of water and sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by the owner. Affiant further says that no claims have been made to the owner by, or is any suit now pending on behalf of, any contractor, subcontractor, laborer or materialman, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in the aforesaid premises. Affiant further says that the utility facilities described herein are encumbered by, or subject to a UCC-1 Financing Statement filed with the Secretary of State, Number 950000252883; Mortgage in favor of First Union National Bank, N.A., recorded in Official Records Book 2128, page 1637; as modified in Official Records Book 2285, page 1534, Official Records Book 2375, page 2385, Official Records Book 2462, page 1661, Official Records Book 2631, page 1356, and Official Records Book 2831, page 2404; and UCC-1 Financing Statement recorded in Official Records Book 2128, page 1662; all of the Public Records of Collier County, Florida; Affiant, as and on behalf of the owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee to hold the Board of County Commissioners of Collier County, Florida as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A." NTC DEVELOPMENT, LTD., a Florida limited partnership By: SW FLORIDA PARTNERS, INC., a Florida corporation, General Partner By: Robert G. Claussen, President (Corporate Seal) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Owner's Affidavit was sworn to and subscribed before me by Robert G. Claussen, as President of SW Florida Partners, Inc., a Florida corporation, General Partner of NTC Development, Ltd., a Florida limited partnership, on behalf of the corporation and the partnership, _~jl-fq-~pe_-e~~~~ or produced /Y'/rQ as identification. WITNESS my hand and official sealthis/~/~dayof ~F/~2,~:> ]21L4..) ,2001. Not-a~y ~ubliq~ - ' (Seal) Printed Name: -D~ Io~-o~_'~J.'--~ C, '~ } ~ ~ ~ My Commission Expires: 7' ~ ~- ~ ~'¢'~ ti N:\ClientsUNTC Dev LTD 0204\Owner's Affidavit-Carlton Lakes. DOC -2- EXI~IBIT "A" I ~ ~1 ~ ~GENERAL NOTES' ..,0.¢'~,~"~ _~ ~, ~ C U 54-6 ST_+_+_ ' ~ 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. __) ~ % ~" ~ k% // D = DELTA ANGLE, R = RADIUS, A = ARC DISTANCE, ' ¢'~ ~ ~ ~ ~ 5. BEARINGS ARE BASED ON THE EASTERLY LINE OF TRACT ~ / ~ CARLTON LAKES UNIT NO. 5 PLAT BOOK 36 ~ ~ / // ~ PAGES 66-7~, COLLIER COUNTX FLORIDA AS BEING N ~9'~2';9"W. EASTER LINE OF TRAC .... , % k SOUTHEASTERLY CORNER OF TRACT "A", I % k/ CARLTON LAKES UNIT NO. 3 I ~(PLAT BOOK J4, PAGE 66-7J) CARLTO~AKE5 UNIT NO. 1 (PLAT ~OOK 26, PAGE 6~-72) ~ ***NOT A SURVEY*** , project: ¢o. NTC DEVELOPMENT INC. CARLTON LAKE~ UNIT NO. 5 TRACT "A" itle: %KETCH AND DESCRIPTION OF A COUNTY UTILITY EASEMENT (C.U.E.) ~ date: acad: ~~ ~.~ (.~n~a~-~aaa 180CT01 8102-~D1 IIIII~ARBER & scole: iIIIII~ IIIIII ~" = ~0 tech: iIiiii~RUNDAG~, inc. Pro~essionai engineers, planners, · ~and surveyors project sheet 6ellier county: suite 200, ~I0o T~miamt Tr~iI, N~rth; ~ple~, ~ ~[08 {~It)~?-~llt no.: be County: Suite 10t, 1~ ~ry S~eet, ~or~ ~yef~, [L ~90t (~II)~?-~[tt ~69~ ~ O~ 2 LEGAL DESCRIPTION A COUNTY UTILITY EASEMENT (C.U.E.) LYING IN TRACT "A", CARLTON LAKES UNIT NO. 3 ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 34, PAGES 66-73 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED TRACT "A"; THENCE NORTH 19°52'19'' WEST ALONG THE EASTERLY LINE OF SAID TRACT "A" A DISTANCE OF 153.29 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY LINE THROUGH A CE~ ANGLE OF 04°35'47" AN ARC DISTANCE OF 48.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID EASTERLY LINE SOUTH 80059'31" WEST A DISTANCE OF 20.01 FEET; THENCE NORTH 07°29'13'' WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 80°59'31" EAST A DISTANCE OF 16.68 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EASTERLY LINE OF TRACT "A" AND THE ARC OF A NON- TANGENT CURVE CONCAVE EASTERLY AND WHOSE RADIUS POINT BEARS NORTH 77035'57" EAST A DISTANCE OF 600.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 02°52'29" AN ARC DISTANCE OF 30.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 546 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. GE{~,G'E W'. HA~CKI~Y P.S.M. 5606 REF. ABB DWG #8102-SD1 This instrument prepared by: C. Perry Peeples, Esq. Garlick, Stetler & Peeples, LLP 5551 Ridgewood Drive, Suite 101 Naples, Florida 34108 (941) 597-7088 ATTORNEY'S AFFIDAVIT STATE OF FLORIDA ) COUNTY OF COLLIER ) On this ]~day of O q--'~ ~(' , 2001, before me personally appeared C. Perry Peeples, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number are Garlick, Stetler & Peeples, LLP, 5551 Ridgewood Drive, Suite 101, Naples, Florida 34108, (941) 597-7088 (hereinafter "Affiant") who, being duly sworn on his oath, does say: 1. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the dedication or conveyance of water and sewer utility facilities located within or upon the real property described in the attached Exhibit "A," which is incorporated herein by reference, said land being located in Collier County, Florida. 2. The Affiant has examined record title inIbrmation to both the real and personal property referenced in this Affidavit, including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 3. The record owner of the real and personal property described herein is NTC Development, Ltd., a Florida limited partnership (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 2106, page 321, Public Records, Collier County, Florida (copy attached). 4. Affiant has examined partnership and corporate information obtained from the Secretary of State. The Owner is current and active within said state, and is currently authorized to do business in the State of Florida. Robert G. Claussen, as President of SW Florida Partners, Inc., a Florida corporation, as Sole General Partner of NTC Development, Ltd., a Florida limited partnership, is authorized to execute the instruments on behalf of the partnership in conjunction with the conveyance of the subject real and personal property. 5. The subject real and personal property is encumbered of record, or is the subject of financing statements filed in the Public Records of Collier County, Florida, or the Office of the Secretary of State as follows: UCC-1 Financing Statement filed with the Secretary of State, Number 950000252883; Mortgage in favor of First Union National Bank, N.A. recorded in Official Records Book 2128, page 1637; as modified by instruments recorded in Official Records Book 2285, page 1534, Official Records Book 2375, page 2385, Official Records Book 2462, page 1661, Official Records Book 2631, page 1356; and Official Records Book 2831, page 2404, and UCC-1 Financing Statement recorded in Official Records Book 2128, page 1662; all of the Public Records of Collier County, Florida. 6. Affiant further states that the information cont~ned in this Affidavit is true, correct and current as of the date this Affidavit is given. // C. PERRY PEOPLES STATE OF FLORIDA COUNTY OF COLLIER The foregoing Attorney's Affidavit was sworn to and subscribed before me by C. Perry Peeples, who is personally known to me. WITNESS my hand and official seal this ]oQ-/:d~ayof O~/7-OJ~'~.., ,2001. (Seal) CheB~l B Schmidt ~r~ ~l~My Commission CC768999 Expires September 25, 2002 Printed Name: My Commission Expires: N:\Clients~NTC Dev LTD_0204~Attorney's Affidavit-Carlton Lakes. DOC -2- EXHIBIT "A" I ~ I~ ~ ~GENERAL NOTES: ,,.~ .... / ...... \ \\ 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. ' ~- ~ I ~ ~ 5. BEARINGS ARE BASED ON fife EASTERLY LINE OF TRACT "A" ~ / J~ CARLTON LAKES UNIT NO. 3 PLAT BOOK 36 ~__ ~o / // ~ PAGES 66-75, COLLIER COUNTX FLORIDA AS BEING N ;9'52'79"W. ~ ~ SOUTHEASTERLY CORNER OF TRACT "A', I x ~ / CARL TON lAKES UNIT NO. 3 l ~ (PLAT BOOK ~, PAGE 66- 73) ***NOT A SURVEY*** xxx project: for: NTC DEVELOPMENT INC. CARLTON LAKES UNIT NO. 3 TRACT "A" UUe: SKETCH AND DESCRIPTION OF A COUNTY UTILITY EASEMENT (C.U.E.) ~ date: acad: .....~ ~.~: (.~ns~-~a~ 180CT01 8102-SD7 ~~ARBgR A scale: ~ 1 = ~0' tech: GWH Pro[essional engineers, pla~ner~, · ~and surveyors project sheet ~. Cou.t~: S.it. ,O~. ~ ~..~.~ S~..t, ~o.t U~.... ~ ~,0~ (~4,)a~V-~ 6696 1 of 2 LEGAL DESCRIPTION A COUNTY UTILITY EASEMENT (C.U.E.) LYING 1N TRACT "A", CARLTON LAKES UNIT NO. 3 ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 34, PAGES 66-73 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED TRACT "A"; THENCE NORTH 19°52'19'' WEST ALONG THE EASTERLY LINE OF SAID TRACT "A" A DISTANCE OF 153.29 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY L1NE THROUGH A CENTRAL ANGLE OF 04°35'47'' AN ARC DISTANCE OF 48.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE LEAVING SAID EASTERLY LINE SOUTH 80°59'31" WEST A DISTANCE OF 20.01 FEET; THENCE NORTH 07°29'13" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 80°59'3 I" EAST A DISTANCE OF 16.68 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EASTERLY LINE OF TRACT "A" AND THE ARC OF A NON- TANGENT CURVE CONCAVE EASTERLY AND WHOSE RADIUS POINT BEARS NORTH 77035'57.' EAST A DISTANCE OF 600.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID NON-TANGENT CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 02052'29.' AN ARC DISTANCE OF 30.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 546 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. GE01~G-E~ IA/. HA'CKNII~Y P.S.M. 5606 REF. ABB DWG #8102-SDI Main ()t¥icc:7400Ta:m:,lniTrail N.,'quilc 21)( . ,t cs :--):'i ~341(/8 d*~41)?,t)7-3lll I:AX: ')-[1 '5r~O 2203 iii i im 1981628 OR: 2106 PG: 0321 i~?LI~ ~L 339t0 THIS DOC%rMENT PREPARED WITHOUT LEGAL OPINION OF TITLE THIS INDENTURe, made this 28 day of March , A. D. 1995, between J.D. NICEWONDER, a married man, Grantor, whose Post office Address is 148 Bristol East Road, Suite B, Bristol, Virginia 24201, to NTC DEVELOPMENT, LTD., a Florida limited partnership, Grantee, whose Post Office Address is Suite 201, The Beasley Building, 3033 Riviera Drive, Naples, Florida 33940, and whose Security :lumber or Tax I. D. Number is (~rM~tore MY/ 'Grantee" are u~t'~ for SJn~Jtir M' pt~"at, as c~(~text r~::luJres.) WITNESSETH: That the said G:'antor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, biirgained, and sold to the said Grantee, Grantee's heirs, successors and assigns forever, the following described land, situate and being in the County of Collier, State of Florida, to wit: See Exhibit "A" attached hereto and nade a part hereof SUBJECT TO restrictions, reservatio~',s, limitations, and easements of record and taxes for the year 1995 and subsequent years. Tax Folio No.: 00183960009 THIS PROPERTY IS NOT NOW, NCR .~AS IT EVER BEEN THE HOMESTF~kD PRO~-ERTY CF THE GP~'~NTOR HEREIN, NOR IS IT CONTIGUOUS TO THE HOMESTEAD PROPERTY OF THE GRA~NTOR, WHOSE HOMESTEAD IS IN THE STATE OF VIRGINIA. SUBJECT PROPERTY IS VACANT UNIMPROVED LAND. TO HAVE AND TO HOLD, the same in fee simple forever. AND the G~antor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully %.arrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1994 . IN 'WITNESS W'HE!~EOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed, and delivered in the presence of: Witness I1 j; N~CEWONDER Printed name ~f Witness ~1 Witness ~2 Printed name nf Witness ~2 OR: 2106 PG: 0322 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 28th day of March, 1995, by J.D. NICEWONDER. He is personally known to me. Not~y Public Printed Name ~)~N6 (SEAL) cP~ission No. My Commission expires NOTA~'~ F~J~L,K:: ~I'A'TE O~: FtO~tC',~l COId),4~ NO. CC33.W'~ My COMNIlf::,SION EX]'. DEC. 5.1~" This Document Prepared By: Sharon M. Zuccaro, Esq. Budd, Thompson & Zuccaro 3033 Riviera Drive, Suite 201 Naples, Florida 33940 *** OR: 2106 PG: 0323 EX:IIBIT "A" Ail that part of the west 1/2 of Section 19, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows: BEGINNING at the southwest corner of sa~d Section 19; thence along the west line of said Section 19, North 1"-07'-34" West 100.00 feet to the north line of an easement for drain%ge purposes as described in Deed Book 44 at page 78, Collier County Public R.~cords, Collier County, Florida said point also being the southwest corner of that parcel as described in O. R. Book 767, pages !508 and 1509 and O.R. Book 768, pages 828 and 829 Collier County Public Records, Collier County, Florida; thence along the boundary of that land as described in said O.R. Book 767, pages 1508 and 1509 and O.R. Book 7~8, pages 828 and 829, Collier County Public Records, Collier County, Florida the following described nine (9) courses; 1) North 89°-09'-48'' East 50.00 feet; 2) Ncrth 1°-07'-34'' West 549.50 feet; 3) North 88°-52'-26'' East 30.00 feet; 4) North 1"-07'-34" West 2017.43 feet; 5) North 0°-58'-48'' West 582.54 fee%; 6) North 89~-01'-12'' East 360.00 feet; 7) North 0°-58'-48'' West 800.00 feet; 8) South 89°-01'-!2'' West 400.00 feet; 9) North 0°-58'-48" West 1280.00 feet to a point on the north line of said Section 19, which lies North 89'-20'-08" East 40.00 feet from the northwest corner of said Section 19; thence alonq the north line of said Section 19. North 89"-20'08" East 2592.26 feet to the North 1/4 corner of said Section 19; thence along the north and south 1/4 section line of said Section 19 South 1°-08'-21'' East 1716.05 feet; thence leaving said line, South 89"-09'-48" Wost 750.00 feet; thence South 1°-¢8'-21'' East 3605.71 feet to the south line of said ~ection 19 and the south line of that drainage easement d~scribed in said Deed Book 44, page 78; thence along said line, South 89'-09'-48" West 1890.21 feet to the southwest corner of said Section 19 and the Point of Beginning of the ~arcel herein described; 33963 All that cer~a{n peru~nal property ~kscribed cn ~he attached Exl%tbit A which is located on that certain re,~l pru~erty described cn the I SEE ATT~o SIGNATURE [c~.m~,.Zo ; Naples, ~ 33963 ~ECUI~ED pART~t FIRST UNION NATIONAL BANK OF FLOR. IDA, · natiorud bankina a~ociation NTC DEVELOPMENT, LTD., a Florida limited pm'mersl~ip By: By: SW Florida Partners, a Floridn general partnership, its sole general pa~net with lhll authority to ~'t on its behalf Robert O. Claussen, as Managin80eneral Partner with full authority to ~t on its l~hal£ All buildings and improvemenU of'every kind and de~ription now or hercnller erected or pieced on the real pmr~rty legelly described ir~ F. xhibit O hernia end owned by the Debtor (the "Promises") and all materials Intended for co~truction, r~onstruction, rehabilitation, altetatiort m~d repnir~ of such impmvemenls now or hereafter erected thereon, all of which malerlais shall be deemed to be Included within the Premises immediately upon the deliver7 thereof to the Premi.,,es. and all fixture~ goods and articles of personal property now at hereafter owned by I~btom and attached to or forming a part of or used in connection with the Premises or the operation and convenience of any building or buildings and Improvements located thereon, including, but without limitation, all f'urniture, Furnishings, equipment, apparatus, machinery, motom, elevators, fittings, screen.~, awnh~g.,~, p~ulitions, and convenience of the Premises, and all plumbing, electrical, heating, lightit, g. v,'.'~filating, refrigerating, incineration, a~r<onditioning, a~d sprinl.:ler equipmcnk s~stem~, fixmr,'~, and conduits (including, but not limited to, all furnaces, boiler~, hot-and-cold wu~cr equipment and system), ~d all renewals or repl,,cemenL~ thereo£ or aJ'ticles in substitution ~hcrcf,,r. in nil ca.~es whether or not fhe ~u'ne see or shall be attached to the Premises in any ma,mcr. All right, title, estate, and interest of tl:c Dcbtor~ in and to the Premises, propcrt;,, improvements, furniture, furnishing, apparatus, and fixtures hereby conveyed, usigncd, pledged, hypothecated, or intended ~o to be. All accounts receivable, rents, issues, profit.., myahics, income, ~nd other benefits derived From thc real estate. All leasehold estate, hghk title and ;'~.~crcq .f I)cblors in and to all leases or sublca~cs covcdng thc Premises or any portion thereof now or h':rcancr existing or entered into, and ell right, limitation, all cash or security dcposit~, advance rentals, and deposits or payments of similar n3tLu"e. All ew:u'ds and other compensation heretofore or hereafter to be made to thc present and ell subsequent owncm of the Premise:~ E~r =ny talcing by eminent domain, either permanent or lempomry, of all or any part of the Premi'~cs or a. ny easement or appurtcnance thcreoF~ncluding severancc and conscqucntia[ damage and change in grade of streets. ,~_.~ All in.~urance proceeds as a result ofdamage or dc,~truction to the Premise.,~, All accounts, gcneral intangibles, contract rights, chatlel paper, deposit accod?Rs, money! documents, cncumbrances and instruments, now or hereafter owned by Debtor ai~i, relal~ used in connection with or arising out of the prcmi.~¢s or any improvements Iocated..~.ercor~.'~ :,.~ All proceed.~ of the Foregoing and all ~ubstilutions, replacemenls a~d acccs.~ions thereto. The security in~¢re.~t herein i.~ limited lo such oFthe tim:going as is ow'ned by Dcbtom. I'C( I XIIII! IX[' Range 2~ Bast~ Collier County~ Florid& being more p&r~oular%¥ B~O]NNZNO at the aouthwest corner o~ said gea~£on %~ thence along the went l£ne o~ aatd Sect£on %9~ North %'-07'-34" West %00.00 feet to the north l~ne o~ an elsemenb for purposes as delar~b~d in Deed Book 44 at page 78~ Collier Publio Reoords, Collier Count¥~ Florida saEd po£nt &leo being the southwesb corner o~ that parcel aa described ~n O. R. Book 767, pages %S0a and %509 and O.R. Book 768, pages 828 and 829 Collier Coun~ Pvbltc Records, Collier Covnt~, Florida; thenc~ &long the boundary o~ that land as deecr£bed in saEd O.R. BooX 767~ page~ %SOS and %509 and O.R. Book 769~ pages 828 and ~29, Collier County Public Records, Collier Counb¥, 7~c:[~ ~ol~ow£ng dsscr£bed n£ne C9) courses; 2) North 1'-07'-34't West $49.$0 North 88'-52'-26" £as: 30.00 feet; 5 North 0'-58'-48" West 582.S4 6 Hor:h 89'-0L'-12" EaSt 360.00 feet; ? North 0'-58'-48" ~est 800.00 feel; South 89'-0~'-~2'° ~est 400.00 9 North 0'-$8'-¢8" West ~2SO.00 feet to a point on the north line o: said Bect£on LS~ which lies North as'-20/-oa'' East 40.00 feet :rom the northwesb cbrner o: said Section thence alonq the north l£ne oE said Section %9, ~orth as'-20~0a'' East 2592.26 £eet to :he ~orth %/4 corner of satd Section %9; thence along the north and south X/4 sect£on line o£ Section %9 South ~'-0a~-2%'' East L7%6.05 feet; thence leav£ng said line, Sou~h S9'-09'-¢8" West 7S0.00 thence South ~'-08'-2A" East 3605.7~ feet to the south line said Section ~9 and the south line of that drainage ea,ement descr£bed in said Deed Book 44, page ~hance along said line, South $9'-09~-48'' West ~890.2X ~eet to the Iouthwesb corner o~ sa£d Sect£on ~9 and the Point o: ~egtnnLng ot the parcel herein __11 'S,A~ST~A£T ~9:94!77~2627 ~AR 23'98 16:02 No.014 P.02 2003919 OR: 2128 G:'1637 ~ llltlllt. II ~II llllltll.ll ~ I~ 'II.II ~-.II ,tt,H 1~131 ti, IIIIIFoR OFFICb~ USE ONt Y MORTGAGE AND SECURITY AGREEMENT AND ASSIGNMENT OF LEASES, RENTS AND PROFITS THIS MORTGAGE is cxecute, d &~ of this ~ d~y of d),"('C/~b',", 1995, in favor of FIRST UNION NATIONAL BANK. OF FI.ORIDA, a ~tional b~king ~ssociation (hereinafter referred tn as thc "Mor~gngee"), whose address ia $801 ?clican Bay Boulevard, N~ples, Florida, 33963 by NiC DEVELO?MEN.I'. [.'I'D., a Florida limited p~rmcrship (hcr~in,Rcr referred tn a~ "Morlgagor"). ,.~hosc addrc.'cl far notice under this Mortgage is 2450 Piper Boulevard, Naples, w I 'I'N ES S E'f' It: That for divers good m~d valuable considerations indcbt~ncss in ~c agg~gat¢ s~ oFE[.EVEN MILLION ONE IHJNDRED TIIOUS~ND AND NO/I~ DOI.LARS (~I I,I00,000.00) or so much ~rd~cc wi~ (i) a p~missn~ note of even date hc~ in ~c ~nount of SEVEN MII.I.ION ONE }[UNDRED TiIOUSAND AND NO/I~ DOLLARS (57,100,000.00) ("Note 1'), vzvolving prumixsu~ nulc of cvcn date hc~'~5~ in ~c face remount of FOUR MILLION AND NO/I~ DOLt. ARS ($4.000.000.00) ("Note 2"), together with in~e~s~ on said Notes m~d any ~d all sum~ duc or which m.y ~come duc from thc Mortgagor to thc M.~gagcc, d~c Mortgagor dots gnmt. b~ggnin, sell, align, rcmisc, rclcmge, convey ~d co.finn sueccsso~ m~d .ss~gns, in l~c simple. ~1 of that ~ain now ~i~d and possessed m~d ia actual ~ssion, situste in the Counly Florida, ~hich is more fully descried in Exhibit "A" sttached harem and made a p~ hcreo,' toge~er wi~h the buildingg ~d improvemen~ ~e~on e~cled or to ~ e~clud (hereina~,' reread t~ as tho "Mo~g.ged P~y" ot the "P~mi~s"). Bmh Note 1 m~turi~y da~c of '", ' ~..~.. / . 1997. Under rcadvanccd ~o th~t thc cumulative amounl advanced may cxc~cd in thc aggregate $4,000,000.09. bul ut no 6n:~ xhall thc principal bail,cc omsl~ding am c, llc~hvcly ru[r~rcd ~o hcr~.~ as thc 'I'O(}F. I'i-[k'R wi~h: (i) a;; Ic,,schold cstn;c, and ail righl, title and intclcst o[ Mu."tg~gor iu and ',o 'tll leases or subleases covering thc Premise,, ur mty portion thcrc¢,f now ol hcrcat'tcr existing or 'S,99S~R~CT ID:9~77~2627 MgR 2~'95 16:02 No.Ol~ P.O~ OR: 2128 PG: 1638 cnlcrcd i,tlo, amt all right, title -nd interest of Mortgagor thcrcunder, including, without limitation, ail ca.,~h or security deposits, advance rentals, and dcposils or paymcnts of similar [l[tB. lrC; (i0 ;~ll right, title and interest of Morlgngor in and to all options to purchase or lense the Premises or m~y portion thereof or interest therein, and any grea~cr estate il~ rise Prcmi.~cs owned or herc.',,qcr acquired; (iii) all gores, cnscmcnts, strccts, ways, alleys, righLs.o£-way and righ~.~ used in cunncct[on tl~ercsvith or as a means or ~¢cess thereto, ;~nd all tenements, hcrcdimmems and uppurtcm'mccs thcrcol' and thereto, ~d all wmer rights; .. :!v) any ~d oil buildings, slruclures and improvcmcms now or hereafter creeled thcr:...~, including, but not limited to thc fixtures, attachments, appliances, cqulpmcnt, machinery, ond other articles attached ~o said buildings, structures and improvcments (sometimes hcrcina~c: retorted to r,~ thc "Improvements"); (v) uti fixtures, appliances, machincrT, equipment, furnilur¢, £umishings nad adiclcs of ~rsona'. Frupcr',y ::o.v or hcrcaRcr a~xcd to, piace~ upo~ o;~r;s~mn ~,f a,~y o~ sn~d pro~c~cs, a~l Sa~, steam, electric, water ond other hcating. ~ookmg. rc~rigma~i:~, li~h{:ng, plumbing, vcmilaling, i~igating m~d power xystcms, machinc~, appliances, fixt.rcs, n:~ appu~cn~ces which ~c now or m~y hcrcaQcr in or on said Premises, cvcn ~hou~h they m,y ~ detached or dcmchablc ~d ~[I building improvemcm and construction malcrials, supplies and equipment hcrcaQcr delivered l'rcmises comcmpi~tinB ismallntion ~,r u~c in thc conslmcfions thereon nnd ~ll dghts ~d intcresl or Mox~Bagor in 5'dilding pc~its and architectural plan~ ~d s~cifications rel:~dng conlemph~cd cunsuucfions c~ Improvements on said Premises lmprovemcms [hcrc~::, (somcii:~ws hcrcmagcr rcfc~cd to as thc "Pc~sonnl fyi) ~si! awards ;md procc¢cls of co,~dcmn.tlnn for thc Prcmi.'¢c:¢ ur mJy pa~l thcrcur to which Mortgagor is c~itl~.d ~or uny Inking of ali or ~y pan of thc Prmnis~s by condemmsdon or exercise of fl~c righ~ vr ~minem domain. Ail such awards nnd condcmt,ation proceeds ~e hereby assigned to ~urtB~cc luld ~hc MuKgngce is hereby smhuriT~d, subjccl ~o thc provision~ comaincd in th~s Mong;s~c, ~o apply such awurd~ ~d condcmnndon proceeds or nny pan ~hcr, aQcr dcducgng IhcrcCrmn any cxpcnscs incurred by the Monga~cc m thc collection or hnndlmg thcrcuf, toward th~ payment. {n Cull or in pa~, of thc Notes, nutx~itl~s~anding thc facl lhat ~nOU:H OWml. :he:cch may i~o~ lhcn ~ duc aJ~d pay~blc: (xii) ~',t rcms. i.,,sucs at:d p~ulits uf thc l"remiscs ami ail thc c$1a~c, right, tide nnd in:crest o=' every n;it'Jru wh,'usocvcr -f g~c Mortgagor in and ~(~ ~hc sm;m; (v,,,) all ~ccounp~ [,ncluding conlrac!. -igh~.s) trod gCltCra! intm'.l.'.ihlcs pcrtainint; to Or an.~ing fr~,m (,r in connect{on wilh ;ill t,r a;,y par; o1' thc M(,..'tg.~gcd l'ropcny, as hcrcinagcr ~'S' RBSiRACT ID:Pa!??d2627 MAR 25'98 16:05 No.OI4 P.O~ OR: 2128 PGe 1639 dcllned, including without limitation .',il proceeds nnd choscs in motion arising under any insurance rx)licics maint-',incd with respect to all or ~y pmr~ of the Mortgaacd Property; and, (ix) ail proceeds, products, replacements, additions, substitutions, renewals and accessions of any ol'thc I'orcgmng items. All of thc foregoing, rcal nnd p<:rsonal properly, and all rights, privileges nnd franc%iaea nrc colh:ctiv¢ly rc['crrcd tu as thc "Mortgaged Propi:rty", 'I'O ti^VE AND TO l{()l.D all and singular ibc Mor~gngcd Properly hcrcby conveyed, ~d the lencmm~is, hemdit~ents and appu~ennnces thcrc~o bclon~in~ or in np~ainin~, and thc reversion and rcvemions, rcmaindcr ~d remainders, rents, issues profits ~'.:mornnd also ail thc estate, ri~h~, fi~lc, interest pro.ny, possession, claim ~d domed what:..:vcr ns wclI in law ~ in cquity o~ thc said Mon~nEor in ~d to the s~c ~d evc~ p~ ~d p~el d~crcor un~o (hc ~id Mo~gn~cc in Fcc simple. PROVID}{I) At. WAYS that il' thc Mortgagor shall pay to thc Mortgagee any and all indebtedness duc by Moagagor to Mn~gagce (including thc indebtedness evidenced by the Notes nmi any ~d all rcncwais oF thc ~nc) and .shall ~rronn, comply with and abide b¢ each and cvcu stipulation, agrccmcm, condition, and coronet of ibc Notes m~d of thi~ Moagagc; then thN Mortgage nad thc estate hereby created shall cease and be null and void. Provided. it ix l'~cr covenanted and agrccd by thc Mu~gagor hereto ~at Otis Mo~gagc aim scc~cs the paymcnl ,,r~d includes all fmurc or f~hpr advice= ~ hcreinaRcr scl forth, ~o ~c s~¢ extent ~q if ~uch wcrc made on thc da~¢ of thc execution of thi~ Mortgage, log¢d~,r ~ ~y disbursements made for [he payment of t~, levies or [n~c¢ on thc Mo~ed Pro~y, with {ntcrc~ (,n such disbursements at thc Dc{hull Rate as hcrcinaRcr d~fincd. To Frotcct thc sc,ruc[;¥ uf Ih:s .Mortgage, thc ,Mortgago: [umber covcnanls, warrmnts and agrcc~ · ~:th the Mcng,'~gcc a.,, fc~llow~ ARTICLE [ COVENANTS AND AGREEMENTS OF MOR'i'GAGOI{ 1.01. I'a)',nent of Secured Obligations. Mortgagor shall pay when duc thc pdncip;.' of. and thc intcrcst on. 0cc indcbtcdnc.qs evidenced by the Nolcs, and the chargcs, fees and ti principal of. and imcrcst un, any futur~: advances secured b)' dfis Mortgage and shall othcrv,'is~ compiy ..~-i~ all ortho t¢,,-rns of thc Notes a~d this Mortgage. 1.02. Warranties ,,nd },;tprcscntatiun$. Moagagorhcrcbycovcna-ntswith Mortgag, ~hat Moagagor is inflcfca.qbly sciztd of thc Moagagcd Propc."ty in fcc simple: that thc .Mortgagor h~ full po,.,,'¢r and lawful right to convey thc .~,a.n~c in fcc simple as aforc.~a-~d; that it shall bc I.',wful for Mortgagor at all limes peaceably anti quietly to cater upon, hold. occupy and cnioy ~,,id Mortgaged Pro~rty and evc~' pan thereof; that Mongal.:Or will make such further .a',~.ur'ancc.~ to Ix:rfi.'ct the hen interest in ~aid Premises in Mortgagee. -",q ma.,,' re,"..mnably bc 'S'R3STR~CT 1D:9~17742627 MaR 2~'98 16:04 No.O14 P.05 required; m~d th,'u N4orlgngor docs hereby tully wnrraut the lille to thc Ik4ortgaged Property and every pan thereof and will defend the same agains[ the lawful claims of nil persons whomsoever. Mortgagor furLhcr represents and warrru~ts To Morlgagcc that all information, rcpomL paper, txnd dates given m Mortgagee wilh respc¢l lo Mortgagor. and ~o the Iom~ evidenced by the Notes and Mortgage are .ccura~: and con'cci in all material respecls ahd complete inso£'sr as may t-,c necessary ~o givc Mortgagee a truc ..nd accuralc knowledge of lhe subjcm mat~cr. !.0.t. Ground Lease~, Subleases and Easements. Mortgagor, nt Mongagor's sole nnd ex~n~, shall maintain ~d ca~ ~o ~ ~r~o~cd all of the covennn[s, agreements, conditions ~d provision~ on its p~ to ~ ~epl, obse~ed ~d ~rfa~ed under ~y gro~d I~c. :...blcase or ~uscmcnts which may conslimle a ~ion or or ~ interest in ~)e Pm~nises, shall r~ui~ its ten.ts or sublcnanls Io keep. obsc~e ~d ~rfonn all the coven~ls, agreements, lcrms, conditions and provisions on their p~ lo ~ kept. obse~ed or ~rFormcd under ~y ~d all ground leases. Ictus, s,.sbl~a;e; or cnscmcnls', and shall not su~cr ar ~m~it any b~ach default ;o occur wi~h rcs~c: :o ~hc Forcgoing; ~d in default thc~ofthc Mu~gagcc shall have ghc rigM ~o ~rfom~ oc to require ~rFo~cc oF m~y such covcn~n~, agreements, ~c~s. condhion~ .r p:~wi~i~mx nF any such ground lo.sc, tease, subl~c or c~cmcnts ~d tc~ add m,y hsciured in co.nec:~on d~cccwith ~o thc debt scc~:d hereby, which such cx~n~c ~hall ~ ?ntcres~ From thc date ~F payment Io the da~e off recove~ by ~c Morlgagcc at the Default Ra~e as hcrcma~cr defined. Any such paymcm by thc ~ongagcc with in:crest ~hcrcon shall immediately due ~d payable. The Mo~gagor sh~ll not, ~tl~ouI the consem of the conscm ~o the modification, ~endmcnt. c~ccllat[on. Icnnina:ion or surrender of ~y such ground louse, tcusc, sub:c~c, or enscmcnh No :eicnse or Fol~nr:mcc c,l' ;my ur thc Mortgagor% obligations umlcr any such ground lc;~.c, lc:v~c, .r ~uhtca,~c, sh,,il rclcn.su ,',lortgngor flora iu,y ufits uhli~r~tiu:~s u;,dcr this Mortgage. 1.04. R~.,quir~.,d [assurance. ,',4o,"tgagor shall at Morl. gngor's sole cost ,'x~d expel:se, mainmi:~ or c'mts¢ Io I,¢ :uain~aincd xvilh ,cspcct to Ibc Mot:gaged l',cpc,ly, m'M each part fl:crcof, the foliowinp., insurance: Insurnn¢c agninsl loss or damage to flsc Improvements by t'he nnd any c' the risks covered by insurnncc (H' thc lypc now known as "fire ~nd extended coverage." in ;umour:t nm less than thc origin,al rtmoum oF thc Nolcs or ~hc Full replacement cosl [:nprovcmcnts; nnd (h) Hu~h o:hcr insurance. ;'atd in such ~nJ)unt.',;, us l':lay l'tom lime It.) l~,ll'le bc rcquh'cd L,y Morlgngcc n~.ninst thc samc or o~hcr hazards. All po:icics of insurance rcquircd by Ihe terms of Ihis MortL.'ag¢ sh:tll co,stuln an endorscmc,~l ur aBtccrr.:ttt by thc ins'arer that ,'u~y loss shall bc pay~blc in accordnnce wilh fl~c icings of ,~uch pnlicy :~otwiths;tmding ;my i~u! or .cgliBc,~cc al' MtmBat4()r which mighl othcrwi:~c res'.d: in ForFcm~rc oF said insurance and ~hc further ngreemem of thc ins'arer waiving all rigMs uf set off'. counterclaim or deductions agnin~{ M.rtg:sgor 4 ''S' RBSTRACT !D:9~177~2527 MGR 25'98 16:05 No.O14 P.06 OR: 2128 PG: 1641 Morlg~gor mtsy clTcct for ils own account nny insurance not required under Il'ii,: ~eution 1.04. bul any such insura~ce clTcc~cd by Morlgagor on the Morlgagcd ?ropcrly. whether or not so required, shall bc ('or the mulual benefit of Mong,q~or and Mortgagee and sh~ll be subjecl to thc ,uthcr provisions of'thi.c Mongngc. 1.05. Delivery or Policies, Payment of Premiums. All I. wlicics of insurance shall be issued by companies and in amounts in tach company satisfactory to Mortgagee. Any ;'&ch. in.,~urancc company shall have ts Best's rating of A ,r A+, All policies of insurm~ee shall have nuacl~ei fl~erc{n a lender's loss I~ny,'~cnt endorsement for the benefit of Morlg~sgec in form satii,,~.ctory to Mortgagee. Mortgagor shall Furnish Mortlj~gec with sa original I'mlicy of all policies of required insurance. If Mortgagee consents to Mortgagor providing any of[he required insurance through bi:take[ policies carried by Mortgagor and covering more than on~ location, then M~.)aB~,~or ..htxtt furi:ish N{~r'tgag¢c with ts ccrtlfictatc of in.~uruncc For each st,ch policy sctt:ng Forth the co,,eragc, thc limits of {iahilhy, thc nar'nc or" thc carricr, d,e policy number, and thc cxpirafikui d:~:c. ,\; [cast thirty (30) clays prior to '.he expiration of each such ,.>oli,'.y, Mor~gagnr .',hall ,r,,.mi'.h Ntongagce with cvidcncc sutisFaclory to Nlnrtgagcc of thc pay.lent of' pre:alum a,d the r¢;ssuancc of a pcHicy continuing insur;u~cc in Force as required by th. ix Nlorlgagc. All such ~,licics shall contain n provision that such politico will not be ca,reeled or materially a:ncndcd, which tcmt shall include any reduction in Ibc scope or iimit.,~ 0£ coverage, without at least lhiny (3{:)) days prior written notice to Moagngec. In the event Mortgagor fails to pr,,vidc, maintain, keep in force or deliver and fumlsh to Mortgagee d~c policies of insurance ,'cquircd by t},~s .";ccuon. Mortgagee may procure such insurance or single-interest insurance for such risks covcrirtg Morlg:~gcc's interest. ~,d ,Mortgagor shall pay ~dl premiums thereon promptly u;x'm dcma:td by Nlo~gagcc. tu~d until such pnymcnl is made by h4or~g~gor, thc a.m,unt of all st;ch prc~:::t;~:~'; lc, Es:thor ~.v'th itt[crest thclcoll al thc rate or interest aflcr mutur4ty or dcCauh ['r,.,x'tclcd i:i '.he Noics or ti'sc maximum rotc' p~.'rt, iTtcd by I:turidt~ law. x,,,hichcvcr i; Ics~; {the "Default P,-',:c ') ,;h.',li t:c alcon[ed to be a part or'the indebtc:2nc';~ secured by this ,'.4or[gage. I.a6. Insu)'a.ce l'roccccls. Al'let TITc hnppeni.g of aqy casualty to thc Mortgaged l'ropcny or any Fan thcrct)£, Nlor~gagor si'tall give prompl u,'t'iltcn notice thcrct~l'to Mon[;ngee. (al tn thc cvcnt of ~'~y damage In or dcstructic, n of' thc Mortgaged Property. Mortgagee sha',l h::x c thc opt,u. ~n its sol,,: discretions or applying or paying all or p&rt of' thc proceed', (~l ts, a:~y indebtedness secured hcrc. by and in such order as ~la,xgngce may dc[em:me, o: (is) to ',he rcstoratit,n t,F thc lmprovun;¢nts, or (iii) ~o .\4o~gagor. (b) l:~ ;he cvc,t of .~uch I<,s~ or ;hunag¢, all proceeds of insurmacu si;ail bc payable to 54or:gagcc. a,d Moggagor hereby au[hofius and directs any ;ml'lkctcd insurance conH~ny to make p,a?:~cnt of such procucds d~rcc[ly tv N~oilgngcc. N~o~k'ugcc is hereby ;n~lh;,n/cd ,~o;I c:~;po~urud by Mo~gagor to set;lc, adjust o~ comp:~,~,~i,c :,,y ctahus For loss, dam;~gc tn' dc~truuti¢::~ under any ;x,ii~y <,r policic~ of insur;,cc. ai,d al'q~!iccl :o the ,~;d,.:b;cdncss ..4..~..sr,.-tl llt:,cl,).. ~nths:s~ he,ch: cov~ta~.".cd shrill by ,tu¢~:¢d ~c, "S' RBSI'R~CT i.D:94177~2627 MRR 23'98 !6:06 No.O14 P.O? OR: 2128 PGe 1642 rxcusc Mortga§or from rcpairing or maintainini¢ Ihe ~o~a~cd Propc~y ~ provided in this MolluSc o~ I'cMorin~ all damage or destruction lo Ibc Mum~agcd Pro~y, rc~dless of whcthe~ or not there arc insurance proceeds available or whether any such proceeds arc su~cicnt hi nmuunl, and thc application or rc]c[~C by ~O~a~cC orany insurance procccds ~hall not cure or w~iv¢ rely dc~ull or nnt{cc o~dc~ault undcr this ~on~aSc o~ invnlidstc ~y act done pursue: to ~uuh nmicc. l.O'/. Assignmen! ol' ?ollcie,~ Upon Foreel~,ur~. In the cYcnt of £orcclosure of M~r~gae¢ or olhcr ~r~n~fcr o~ lillc or ~ssignmcnc o~ho Mo~gugcd Property who'. ur in pan, of the dcb~ secured hereby, 311 right, title ~nd intcrc~t o~the Mo;18ngor in ~d ~o succc~sor in intercsl ~o Mo~sn~or or the purch~r or grantee or thu ~onga~cd Pro~y, Mo~Rngor hcrchy ap~in~s Mo~[,~cc it~ aHomcy-in-~nc[ lo endorse'any chucks, drnR or other ins~mcms rcprcscmi:~ any proceeds of such insurance, whmhcr payable by re.son of loss thcrcurtdcr or otJ,c~tsc t.08. '!'~,xc~, tlt[li[ie~ ~nd Impositions. Mort§aSorshnlI pay, or c~u~c to bc paid d~ch~cd, on or ~'Furc thc i~t d~)' on which they may be paid wiflmul pcnnl[y or [ntcrcsL such duties, taxc~, scwur ~n[s, ch~c~ for w~cr, or ~or sc{tin~ or rcpairin~ of mc:cts, ~d all other utilities on thc Moagaged Pro.ny or ~y pa~ the~of, ~d any assessments ~d paymenls, usuM or unusual, cxtraord[n~ or ordinal, which shall ~ imposed u~n or ~comc duc and pa)'nb]e or ~camc a lien u~n thc l'~m~sc~ or any p~ thereof and thc sidcwalks or s~rects in ~ron~ thcrcorm~d ~y v=u:[.~ therein by virtue oE~y prescm or ~uturc law o~ ~¢ UnRcd fftatcs or oF d:c S:~lc, Coumy, ur L'{[y whcrcin dfc Premises ~rc [oc3tcd (al: u~thc ~or¢~oin~ bcin~ hurc{n ,:.]]cctivc~y ca:lcd "1m~i:ions"/. In dcfauk uF~ny such payment o~mty imposition, may puy :he ~;unc mid thc nmuunl xo paid by Mo~gagt'e shall, nj thc M.dgagcc's option, ~comc immediately duc and ?ayahic w{th interest at the Default Ralc nllJl slmll be deemed p:nl or the mdchlcdncss secured by this Ifm ~my lime Ihvrc shall [~ ,sscs~cd or imi~scd (i) a lax or ttssc~smcnl on thc Premises ticu of o~ in ,ddititm m thc Impositions payable by Mm~gagor pursuant ~o this scctiun or (ii~ license fcc, tax or assessment im~scd on Mortgagee i,nd meastacd by or h~cd in whole or pail u~n thc nmot;u: oF thc outxmding obligafia:t, secured hercby, then all such nsscx~mcnts or fccx 5hall be dccmcd to ~ included wili~ lhc tcan "Impositions" as defined in thiv Ncctton. und Mt~mg.l,.or shall pay ired discharge lite s~c &x hereto provided w~th rcxpcc~ lo thc paymcm of lmFos~honx or. ut thc option of Mo~gagee. all obligations sect:red hereby, together ~td~ all ~ct'n~c(l hvorcxt :hereon. shall immedmlely became due and payable An~hing conl~nry herein n,~twithstnnding. Mungngee shall have no oNignlion to pay :my franchise, estate. inhcrmmce, incumc, excc~s profilx or ~imil~ tbx [cried on Mo~gagor or on thc uhligntions secured hereby. Mm~;.'.ar, cr shall p;~y all nmnga~ie recording taxes ,'-qd I'ecs pay:thio with respect [o Mmli'..~ ur clho rur.l~gai;c or Ir.t.~t~'r LaXc~ due o;i n;'~ounl of this ~k,rlgu~ or thc :,cku:Cd J:crcby 'S 'RBSTRACT [G:94!7742627 MAR 25'98 15:06 NO.014 P.08 OR: 21; 8 P(}: 16 13 Mortg-',gor shall cxhibit to Mortgagee the original receipts or other rcRsonauly satisthc~ory proof or thc p~ymc~lt or all lm~sifions which may ~cc~ d~c Mortgaged Pm~ny o. any pan thcrcor or thc licn of fi~e Mong~c promptly following the last date on which cach lm~sifiuns is payable hereunder. Notwithstanding thc foregoing, Mortgagor shall have thc right, after prior w'rittcn notice tO MolR~a~cc. tu contcst at lis owp. ex[.~l'lsc thc ~mount and validity of any Imposition affecting thc Mortgaged Property by appropriate procecdlngs conducted in good f,,lth und v4Lh duc dllihcncc a~d to postpone or defer payment thereof, ifa.nd so long ~: (a) Such proc¢cdinss shall operale lo st,spend fi~e collection or such hnl~,'..',fion from Mm~gngor or thc Morlgaged Property; or (b) NcRhcr ~c Morlgagcd Propcr~y nor ~y pa~"l thereof would ~ in immcdintc danger er ~ing Forfeited or lost by re.on of such proccedin~s, ~s~ncmcnt or dc[crmcm; n:~d (c) In d)c c,",..c of any lmi'x~sitions ~ffccLing ti;: Moagaged Propcrt7 wi,ich might h<: ~r become a Hen, cncumbmncc or charge upon or rcsul{ in any R~rfcilu. rc or loss of the Mongn~cd I'ro~rty or any p,,rt Lhcruof, or which might rcsuk in loss or dn.magc to Mortgagor or Mortl4agcc, Mon~u~r, prior to thc date such Imposition would become delinquent, shall have furnished Morlgagcc with security satisfactory to Mortgagcc, and, in thc cvcnt flint such sccurity is fu_mi.'4hcd, Mortgagee shall not havc thc right during thc pcriod of the contest to pay, remove or discharge the [mposilion. 1,09. ,Maintenance, Rcpai~. AIIcrations. Mortgagor sl~ull keep ~c Mortgaged Ptolemy, or cause thc same tt, ~ kup~, in go~ condition nnd repair nnd ~ully prolcctcd from. c',cm~nt~ tc~ thc satisfaclion off Mo~g~gcc: Mortgagor ..;hall not commit nor ~rmil ~o cemn:i~cd waslc lhcrcon and ~hall nol du nor ~'nnit Io be done any nci by which the Mo~gagcd l'm~ny sha',l ~.c~m~c less v.hmble; Mortgagor will not remove, demolish or slmc~urully alter tuD. of thc Impruvcmcn~$ except ~uch :d~erations a~ nlay he required hy t.ws, ordinnnccs or regulations) without the prior written ~nuission or thc Mortgagee; Mortgagor shall complete promptly and in a go.d and worknumlike manner nny building or olhcr imluovemcnl which ~ ly ~ cons~c~cd un the P~miscs and promptly restore in like manner any Improvements wh,ch m.y ~ damaged or destroyed fl~e~on and will pay when duc all claims for In~r ~rfo~ed mu:cri~s furnished therefor; Mortgagor shall usc ~d o~rale, and shall require its lessees to usc or c.~m~c, thc Mortgaged Pm~y in campli~cc ~th =I1 applicable laws. ordinnnacs, regulations, covenams, conditiu.~$ and rcslficti.ns, ~d with ~11 upplicablc requirements of ground lense, knse or subleusc nn~ t,r hcrcaP, cr affccting thc Premises or any part Ihereol~ Unicos rcqmrcd by law or unlc.t~ Murtgagce has odlerwise agreed in writing. Mortgagor shall not allow chmngus in thc stutcd us~ of Mollgngcd l'ro~y From thal which w:tg disclosed tu Mt,rtgagec.tthcmncofcxccul~o. hmeof. Mongagor shall no~ initinte or acquiesce to a zoning chaugc of the Mc:~gagcd l'ro~ny ~tthoul thc prior notice t,~ and cunscnt oF Mong.gec. Mmlga~cc ami i:s :cprcscnlutivcs shat', huve ~cccss to Ibc Premises at nil reasonable time~ R'S AaSZRGCT ;D:3~!?~2627 NAR 25'98 16:07 No.O14 P.O9 dc[ermine whether Mortgagor is complying with its ohl[gallt)ns under this Mortgage, including, hut not limited :o, those set out in this Section, 1.I0. Eminent Domain, Should thc Mortgaged Property, or any part thcmot'or interest therein, be laken or damaged by re,on of any public use improvement or condenmah 'n pr(x:eeding, or in ,'my other rammer ("Condemnation"). or should Mortgagor receive any notice or other int'onna[ion regarding such Condenmntion, Morlgngor shall give prompt written notice d~crcof to Mortgagee. Ca) Mortgagee shall be entitled to all compensnlion, awards ,'md other pay,neats or relief granted in eormeetion ',vilh such Condemnation, and shall be entitled, at its. option, to commence, appear in and prosecute in its own nm-ne nny action or proceedings relating therein. Mortgagee shall also t'~ entitled to ma~e ~ny compromise or settlement in connection wifl, :..ach taking or damage. All such compensation, ~wm'd.~. damage.,~, rights of ,,ction and proceeds aw~dcd [o Mortgagor (lhe "Proceeds") are hereby assigned to Mortgagee ,"v~.or~g~gor agrces ~o execute such £urthcr assignments et'the Procced.~ as Mortgagee m~y require. Ch) [~ t,".c even: ~y [x~rtion oi' thc Morlgngcd Property is so u~kcn or damaged. ,~fortgagcc shall have thc option in its sole ~d absolute discre, tiun, tn apply all such l"r~,c¢cds, aP. CF deducling the,'efrom alt costs and cxpcns¢,~ (regardless of Ihc paJ-ticulnr Itlerc~f ~nd ~.hcthcr incu.'Tcd '.vilh or '.vit.hou[ suil), including alturncys' co~u~cctiem wi~t~ such Procecds, upo:l any in,{cbledncs:; secured hereby, (~r to apply ,,Il such Proceeds, aP. er such deductions, to thc restoration of the Morlgaged ProF, crty upon such conditions ,.s Mortgagee may determine. Such ~.pplication or release shall not c~c or waive any dcFnult or notice of default hereunder or inv~[idntc ~ny act done pu.rsuanl to such notice. Cc) Any n~:ounts received by Mortgagee hcrcundcr (after p,~ymcnt of any ev,.~t~ {n con::ecfio:l x~itt: ~,btnin/ng s,"unc), shall, iFrctaincd by Mortgagee. be a.~plicd in pnyment of arty accn:cd intcre~t :.u:d then ;,n red'uct[t,n of the t.hcn outst~ding p'incipal sum of thc Notes, siu, II bt: ai.~l)i;ed In fl:e I,:?mcnt of' installments of principal ntt thc Notes in ilwersc order of its flt ~,,. dt~tc. i.tl. Actions by Mortg~gt-.*e to Preserve Ihe Security of thi.~ ~Morlgage. Il' Moltgagur Fails to make any payment or to do any nc[ ~s &nd in thc maimer provided for in ti s Mungnge c;r tl',e Nole~,, the Mnr:gngee, itt its own discretion, without oblig,tion so to do and wi[haul notice lo or demand Ul:~n Mortgagor and.withou~ releasing Mortgagor £ram ~y obligati~m, may make or do the same in Such m,'t~u~cr and to such cxtc:l! ~.,~ the Nlortgagee may dccm n¢ccs.~,r,/ :o pf~.qcet ~hc security hereof. Morigagor shall p;,y upon demand all expense iacurred or pa~d l:y Mortgagee (including, bul not limited re, a~mrnevs' £uc~ and court costs mcl~ding Ihl).~c of,'~ppcllate and ha.aka,prey proceedings) on .',ccou~[ or [i~:. exercise of ruby 6t'the nforc,~id rights o~ i)i'ivilcges ar o~ ucc(Jun[ o1' a~ny litig,,tion which may arise in connection with '.his Mortg;sgc or the Notes ar un acco[mt of any anempt, without iitigatio~,, :() enforce the terms of' this Mortgage or s~ti.J Notes. In cage ~!~e Mortgaged Prnpci~y or v.ny par~ th."rcol' shall be ~'S' RBSTRRCT ID :94177z12627 HRR 23'98 16:08 No .014 P.lO OR: 2128 F;: I645 advcmscd fi~r lh;cclosur¢ sales and nm sold. Mortgngor sh,,ll pay nil co.~t.~ in conneciion therewith. In die event [hat thc Mortgagee is called upon to pay any sums of money to protect MOllgnge and thc Notes ils n£oresaid, all monies adva.nccd or duc hcrctmdcr shnll bec¢.'nc m]medialely duc ~d pnynble, together with interest at Ihe Dcf'ault Ralc, computed £rom thc date o£such .~dvancc ~o thc du[c of thc [~ctual receipt ot' payment thereof by :nc Morlgn~c¢. 1.12. Cost of Collection. Irt QIc event this Mortgage is placed in thc hands of collection, including reasonable attorney's tees includin~ those in nil ap~llalc ~d bnn~ptcy proceedings, [ncu~cd by die ~o~a~cc, ¢i~r with or ~lhout the insthution of ~y acficn or' pmcccd;n~, m~d in addition to ~ll cosL,, disbummnents ~d allowm~ces provided by cnsz. ,'o inc.rrcd shall ~ dccmcd 1o ~ secured by this !,I,t. Sur~iv,I ur Warrantiea. All representations, wn. rrnndes ~d coronets Mortgag(~r comzincd herein ur inco~rutcd by m~crencc shall su~ive f~ding t~ thc c~idcnccd by (}~c ~o~cs and .~hall rcmuin continuing oblidalion~' warranties ~d representations o[ Mur~g;:gor duri:~g a:~y time when any ~nion of thc obligatkms secured by thi.~ Momgagc 1.14. Addltion,,l .";ccurity. In thc cvcnl Mortg,gec at ,'my time holds ndditionnl zecurily fur any oF [Itc obligaliun.,~ secured hereby, it may en£orcc thc sn]¢ I}lcrcoF or othcr~vis¢ renli;,.c upon th,.: same. nt ils option, either I:x:rorc or concurrm~dy herewith or after n snle is made hereunder. I.lS. Inspections. M~rlgugee, or ils ngen=s, represcnlufivcs or workmen, m'c authorized to calgr at any :casonnblc time upon or on shy pan of the Premises for [l~e pt;~ose of insetting d~c Shine. and R,: [h.c ;mrpo.tc er perfc,nning uny of the nets il is amhoriz~d to ~rfo~ under the 1.16. I.it'n~. Morlgngor .qmll pay and promptly di.~cl~ge, at Morlgagor'.~ cc)si ~md cx~n~e, all liens, encumbrances an~ ch~gcs u~:n thc Morlg0gcd Pro,~ny or nny p~ thcrc~for inlcrcsl thor:in Moni:agor shrill hnve Ibc righ[ m conlesl in good Faith the vnlidily of any w.:ch lien. e::cumbr:mec nr charge, provided Mt:~gagur shall firsl imst ~ bond or olher sect s:llisf~cm~ r-. Morlgogee in auch amounts ~.~ Mo~gnl~CC shall reason,~bly rcq,:ire, und provided Fur:her d~a[ :.,;~ga~tor shall [hcrcn~cr diligently proceed ~r-. cause such lien, cncumbr~cc ~hm'gc ~o [~ ~g:n:~vcd and disclmrgcd. If Mo~gagor shnll fnll [o dischnrgc m~y such lien, c~cumbr~n~e or charge, then. in addition to nny olhcr right or remedy, Mortgagee, may. b~t not b~ ubli~a:cd to. disc)mrgc thc ~mmu, cili~cr by paying thc ~mmunl clnimcd to bg duc, ur by procuring Ih~ dlsci~nrge of such lien by depositing in court a bond for tl~e mnount ~laimed or o~hc~vise giving secmhy lbr ~uch claim, ur in such roamer m~ is or may be prescribed hy ~y ammmt ~o p,id by the Mortgagee shall, nt Mong~gcc's oplion, bceon]c immediately due and paynble with in:e~e~[ at thc 12ufuuh Ra~c. and shall ~ deemed pan of tl~e indcblednexs secured by 'S .ABSTRACT lD:g4177A2627 MAR 25'98 16:09 No.O14 P.11 OR: 2128 pr : 1646 1.17. Fulure Advanc¢~. 'l'hi.~ Morlgage is given tu s¢curc no! only existing indebledness, but Mst, future udvanccs, whether such advances are obligalo~ or the option of M(mgugec. or othc~e, ~ are made within twenty (20) yc~s flora Ibc date hereo[ lo thc same extent as if such future advanccs ~c made on the date of thc cxccution of t is Mo~gagc. 'fl~c lotal ~ount of indebtedness that may ~ so secured may dccm~c to a amount flora lime to tm:c. or may increase from time to time. but thc Iotal unpaid bal~cc secured at one time shall not exceed $2~000.000.00. plus interest thereon, disbarments made for thc paymcm of taxes, levies or insurmmc on thc Moagagcd Pro~y, with imcrc~t on such disbursements at the Dcfauh Rate ~ hcmina~cr defined. 1,18, Ho Limitation of Future Advance Righls. Morttlagor covcn~ls and agreesI ' wilh 5./.:rlgagcc that: (al Mortgagor waives and agrees not lo ~scrt any right to limit Palur~ advances undcr this Mortgage, and a~y such atte,np~ed limitation shall bc null. void and o£ no fc~rcc and effect. Any con',espondcnce by Mortgagor regarding thc fulurc advances musl be sent to Moggagcc al thc address set forth above and ;o Mongagcc's counsct: R',chm'd C. Grant, Esq.. Ciramt, l"ridkin & Pc;trson. l'.~, . 5551 Ridgcwm~d Drive. Suite 501, Naples, Florida 33963. (bi ,\u cvcnt of dcfault under the Moagagc shall automatically cxist ti) if Mortgagor c×ccutcs any in~rumcnt which puqx~rts to have or would have the effect of i,npairing the priority uf ur limiting any future advance which mlgh~ ever be made under thc Mongag, or (ii) if Mortgagor ta.kcs, suffers, or permits any action or occurrence which would adversely affect thc priority of any future advice which might ever b* m~dc under the Mortgage. 1.19. Apprai,,al~. Mortgagor covenants and agrees Ihat Morlgagee may oblain an si,i:rai.',al ,I' :he Mortgaged Propc~y when required by the regulations of thc Federal Reserve ltoard or the OfT, cur t,F thc (km:ptrollcr of the Currency or at such other times as the Mortgagee may rcasonabl? rc:.tuirc. Such appraisals .,~hall bc ~rfom~cd by an independent third appraiser sc!cuter ,by thc .Murxgagcc. Thc cost of ~uch appraisal shall bc borne by the Mortgagor. It' rcquc.~ted by .Morlgagcc, the Morlgtsgor shall execute, an ~:ngagement letter addressed Jo the appralscr selected by the Mm'~gngee,. Mortgagor's failur~ or referral to sign such an engagement lcuer howev~:r shall not impair Morlgngee's right to obtain such an appraisal. Mortgagor to pay tho ct,st of such appraisal wilhin ten (10) days after rcccivlng an invoice for s.ch appraisal. AICI'ICLE il ASSIGNMENT OF LEASES, SUBI,EASES, F'ILANCIIISES, ;,tENTS, ISSUES AND PROFITS 2.01. Assillnment of R:enta. Mortgagor hereby collnlctally assigns and transfers lo Mo~gagcc ail thc leases, subleases, franchises, re,ns, issut~s :u,l profits or thc Mo~gagcd Prol~rty, tt,~d hereby gives to and confers upon Mortgagee the riel.t, pow'ur ~d authority Io . collcc~ such rents, isauc~ m~d profits ~q heroin scl fo,lb. Mm~gagor irrev~ably ap~in~s I0 ~'S flBSTR~fl ID:94!?742627 H~R 23'98 16:09 No.O14 p OR: 2128 F3:I647 .12 Mol~ga~4uc ,.,,tmc ~nd ~av.'ful attomey-h~.£act, m thc option of Mo~'gagec, immudiatcly and without timber IcgM action ~ing ncccssn~, ia demand, receive ~d cnibrce paymen[, lo give rvccip~s, rclc~,c~ znd sadsfi~c[;ons, m~d tu ~u~, in thc n~c o~ MOllgagor or Mo~gagcc. for ~uch rems. issuus ~nd profits and apply d~c snmc ~o thc indcblcdncss ~ccurcd hereby; provid,.,. however, that Mortgagor shah hnvc thc righ[ Io collccl such reals, issuus and profits (but hal murc [h;~ one momh in udv~cc) at any time there is hal an cvcul or dcfauh under ~his Mortgage. ?.02. MortllaRc, Collection Upon Dcfilul/. Upon s. ny event of default trader this Mungagc, Moth;nsec may. al any l[fllC withou! notice, cithcr in person, by ugcm or by a receiver ap~imcd by a court, nnd whhoul rcg~d to the adequacy or ~y security rot thc indebtedness thcrchy sccurcd, cntcr upon ~d lake ~sscssJon o~ thc Mortgaged Property, or any pa~ Ihcmor,. in its own name. suc for or othc~isc collect such rcnts, issues and prollts, including those p~t duc ;,;M uupaid, and apply Ibc ~nmc, less cosis ~d cx~nscs or operation and collection, includht~ aitorncy~' I~cs. u~m tiny indublcdncs~ secured hcrCby, ~d in such order 8s Mo~a~cc may determine. Tit~ collection or such rems, issues ~d profits, or [he cmcHn~ u~n ~nd t~ing ~sscssion or thc ~cm~n~cd Pro~y, or zhc ~pplicadon ~er~or ~ ~rorcsaid, shall not cure or wsi~c ~ny default or notice ~ dc~auh hereunder or invalidate ~ny nc~ done in ~nsc zo such 2.03. [/c~Iricii.n nf Further Assi~nmcn[~, cie. Exccp[ a.~ hcrcinancr s;x::ci~¢nlJy provided. Morti:a~or .~l:a!] not. without thc prior writlcn consent of tile Morlga~cu. assign thc rems. issues or pro,ts, nr ,,uy pun thcrcoI', irroln thc Mortgaged Property or any part thereof; and shall not conscn~ ~o ~1~c modific,fion, canccllution or surrm,dcr ¢ffany lease or sublcsx¢ cover-in8 Ibc Mortl:;agcd Prup,:rty. An action o£ Mortgasor in violation or thc Icmls of this Section shall F,c void AS ngainx~ .Mortgagee ~n addition [o being a dcFauh under dlis Modgage. '{he Mong,~gor shall hal, without Iht conscnt of' thc ,',,,iongagec' consunt to c,'tl;c¢lJ~',iurl ur x:4.q'c::dcf Or. ACCCp[ prcp;tymcn[ ar rcms, issucs ar pro.qls, olhcr titan rcm p~id at Mnrtqni;cd Prupcn). or :my part d)crcu,r, nut modify any such Ic'.,sc or. uh.casc so ns [o shuacrl thc x:ml. dccrcasc thc rcm. accclcr-~tc fl~c payment o£ rent, or chan§c Utc ',urals of any renewal . uptiun; and lilly su~.t, pu."Txmcd as,ignmcnt, cancellation, surre,dcr, r. rcpaymcn{ or modiHcation made wi[hou! :lie wriucn conscnl o~ Iht Mo~gagcc ~Mll ~ void as agains[ hc Mortgagee. Thc Mortgagor shall, uIx,n demand of dfc Mortgagcc. enter into nn t~grccmcnl wiih file Mong..Icc with rcs~ct to thc provisions contained in thc preceding provision rcg~ding any [case or s~;bIc~xc covcging said hkmgagcd Pro~y or ~y pa~ ~hcrcot, and thc Mo~gagor hereby ap~mts thc Mu~gaL:CC aHomcy-in-tacl oF fl,c Mu~gagor Io cxccutc and deliver ~y ~uth agrccmcm on bch~fif of {);c Mt)rtgugpr and dcJwcr wriltcn amice 1)tcrcu[' tu Ibc lcnnn[ lu whose 'l'hc Mo,lgagur usrcc..~ to £urnish to I}1¢ Mori~uguc u copy of any nmdiScalion Of any Ic~c prcscmly in cffcct n;~d cupics ur all fumlc Icascs affcct{ng thc Mortgaged Pro~y. and fifilurc Io furnish to Mo~gngec n copy or ~y modifications of a lease or a copy or any future Ivn~c affecting thc Mortg;Jjcd I'mpcny. shall [~ deemed a delimit under flus ,Mortgage and the II '$ ~3STRRCT ID:94!7742627 MRR 23'98 16:10 No.O14 P.!~ I II OR: 2128 1648 NmCS. t'ot which thc holder of thi.~ ,%4on~u~c may, at its opt]un, d~c{nrc thc ~ntirc unpaid bahumcc of the subject Mortgage lind Notes to be immediatcly duc and payable. All icascs or sublca.~c.~ hereafter entered into hy Mortgagor with rc.~pcct to thc Mortgaged Property or ,,ty p,~rt thereof, shall be subordinate lo thc lien o{' this Morlgugc unless cxprcs~ly made superior to thi~ Mortgage in thc mmnncr hereinaRcr provided. At any time or timcs Mt)rtgagee may exccu!e and record in the appropriate O~c¢ of thc R~gister or County Clerk o[ thc County where the ?rcml.,cs arc situated, a Notice uC Subordination rccitiug that the lca~e or leases therein described shall Dc superior to thc lien of this Mortgage. From and afl.er the recordation of such Notice of Subordination. the {ua.,~¢ or Icasea therein described shall be superior to the lien of this Mortga{;c and ah-Ii ,'tot be extinguished by nny Corc¢losuxc saic hereunder. ARTICLE ill ENVIRONMENTAL CONDITION OF PREMISES 3.01. E,vironn~cntal Condition or Property. Mortgagor hereby wa.n'anL'~ and repros, ems :o .kdon~,a{~cc aAcr thorough invcstlgution that: (a) {he I'rcmiscs arc now and ~t all timcs hereafter simll conti,:u¢ to ~ in full ¢ompii,'x."~cc ,.v,th ,Ii {'cdcnd. $;atc and local environmental laws and rc~uludon'% {ncludhmg hut nol limited :o. thc Cnn:prchcn,.ivc I.'.r~vironmental R. csponse, Comlxcnsalion m~d Liubility Act of {~X0 ((;I.'.R('H.^). }'ub{ic Law No. 96-510, 94 Slat. 2767, and thc .qup~rf'u. nd A.nxendntents and R¢~,uthor'i;,.a{ion ^ct of 1086 {SAP,-/',). Public law No. g9.4~9, I00 Stat. 1513; and (b) (i) ns of thc date hcrcof there arc no hazardous materials, substanccs, w~tst¢ (,r other enviromucnlully rcgulalcd sub~;tu, nccs that nrc know{3 to pose a hazard to the c:xviro:',:ncn: o: ~o }roman health (including without limitation, any ntatcdul.~ containing asbestos, urea I'om~aldchydc fit,cra insulation, transformers or othcr cquipmcnt contain polychloHnatcd biphcn)ls ~,l'C..'l~'s] in a::mu:~ts teat cxcccd acccptablc .,aanda. rd level.';) locnlcd on. in or under thc I'rcm{scs or used tn co;mcctk)n thcrewith, or (ii) Mortgagor has fully discioxcd tu ,Mort~a~cc in ,w'ritin~, thc cx{s:cncc, extent and nature uf:u)y such hazardous n'mtcria[, substance, w,'xste or other cnvironn:cntally regulated subs',anc~,e, currently prescnt or which Mortgagor is legally ~uthorizcd rind c,n;x',wcrcd to maintah{ o{m. in or under the Premises or u~c in cunncct{on therewith, and Moagn~or ha~ (~htamed and will mni~lain all licenses, ~rmits and ~p{wovals required ' rcs~cl thcrclo, and is and wi{] remain in Cull compli~ce wk{, nil of the tc~s. cnnditiona mid requirements of such ;iccnscs. ~its ~tnd ,pprova{s. Mo~gagor fu~hcr w/~nnts and rcprcmr,;a that it will promptly no,iCy Moaguguc -f ~y change in thc cnvironmcnta{ condition of thc Prcmises or in t}:c nature or extent of any haT.~rdoux matcdals, substances or ~'~q~c.q maintained on. in tlr under Ibc {'rClniScs or used it~ con~cction therewith, and will tr,utsmit to Moag.~gcc copies of any cilations, orders, notices or other materia] govcmn%enlal or other c~mmunicnlio:l cnviron,lcn~al{y regulated sub:a~cc n~cctiing il~c Premises. t2 'S ABSTRACT [D:9417742627 MAR 23'98 16:11 No 014 p ,~ OR: 2128 1649 Mortgagor hcrcby ind~:mnifics and holds harmless Mortgagee front and aghast ~y ~d all dam:Bcs, ~n~lfics, fines, claims, suits, li~bilhi:s, co=ts, judgments ~d cx~nses (include..6 attorneys', con~ul~t's or cx~'s fees) of cvc~ kind and na~c incur~d, su~crcd by or assc~c~ a~ainsl ~.~u~cc as n d~rcc[ er ind~ct rcsutt o~: (al any warranty or representation 0nadc by Mortgag.,or in this paragraph being or bccominlj false or untie in (b) nny requirement under t~c law, regulation or ordinancc, local, s~ate or federal, regarding thc removal or elimination of any h~s, rdous materials, substmnces, waste or other environmentally regulated substances. -. .'4ongngor's obligations hcrcundcr shadl not b~ I{mi;ed to ~y exten~ by the tcrm Of the Notes, ur to any act or occurrence prior to payment in full and satisfaction or the Notes which gives rise to li~bilily herctmdcr. Mortgagnr's obligations shall continue, survive and remain in full force and effect notwithstanding for~clos~tre of this Mortgage, where Mortg,,gec is die pumhnser al thc foreclosure sale, or deliver7 of~ deed in lieu of foreclosure to Mortgagee. Mortgugvr. at its expense, agrccs [o furnish ;o Mortgagee, as and whcn rcqucslcd by Mortgagee, in ,Mt~ngngcc's solc discretion, an cnvirorLmental report prcpm'cd by a consultant ~s~:ccptablc to .Mortgagee. If such report states that any hnzardou.~ substances, materials or waste exist (m the Mortgag,'d Prorx:rty. Mortgagor shall promptly ta~¢ all uction necessary to clean thc Mortgaged Property. ARTICLE IV SECURITY AGREEMENT 4.01. Crcnlion of Security Interest. Morlgagor hcrcby grants to Mortgagcc a security intcrt:xt in .'my and ail F,c:>onal pro~'x:~y included within thc Mortgaged Properly (herein thc "Pr~onal Propcr~y") k,t:a:ud on or at the Premises, including without limitadc:n nny and all propeny (,f similar tyi~ or ki,id hereafter Ioclstcd on or at [he Premiscs for tl~c purposes of securing all obligations of Morlgngor set forth in this Mortgage. This instrume,t is a self- operative sccmity agreement with rcs~<'ct to the al:x'~vc described property, but Mortgagor agrees :o execute .'md deliver on demand such other security agreements, financing slatemcnts and otb :r ins',rumcnts ,'ts Mortgagee may rcqucst. 4.02. Warr,,ntic.,s, Rcprescn~tions ,,nd Coven,als ofMortp, agor. Morlgagor hereby xvarr, rtnts, rcp~scnls and covcnant.g &~; follows: (.) Except for thc .security i]tlcrcst granted hereby, Mortgagor is, and as to portions of U;c Personal ProperW to be ~,cquircd after the date hereof will be, thc sole ow'ncr of thc Personal Prupcrty. l'rcc From imy adverse lit'ri..%'.curity intcrt:st, encumbrance or adverse c{nims lhcrcon of any kind whatsoever. M[wtgngor .shnll notify Morlgngec ur, and .shall defend the Personal Prnpclty again';t, all claim.g nnd demands of all persons ,u any time claiming the ~mc or any ~ntcrc~ therein. 13 ~'S ~8STR~CT iD:g~!77~2627 H~ 25'98 16:11No.Ol~ OR: 2 28 PG: 1650 (b) Mon~agor ~hal[ not tc~c, ~cll, convcy or in a.ny ma.nner transfer or encumber the Personal ?ropcrly without die prior writlen con~nt of Mortgagee. (c) Tile Personal Property is not ~nd shall not be used or brought for personal, family or household purposes. (d) Thc Personal Property shall ~ kept on or at thc Prcmiscs and Mortgagor shall not ri:move die P¢,'$onal Propcrty [rom the Prcmiscs without thc prior writtcn consent o£ Mortgagee, except such portions or item~ or Personal Pmpcr~y which az¢ consumcd or worn ou.i. in ordinary usage, all or which shsll tx: promptly replaced by Morlgagor. (e) Mortgagor maintains R place of busim, ss in thc Sta~e of Florida mid Morlgngor sh~!l immeciiately notify Mortgagee in writing ur may change in iL~ place o£ business ms set forth in ~he beginning of this Mortgage. (0 At d~c request of thc Mortgagee, Mortgagor shall join Mortgagcc in executing one or mor~ financing statcmcnL~ and rencwsls ~d re'head.meats thereof pu. rs~ia.nt to thc Uniform Commcrcia~ Co<lc of Florida in fom~ ~atisFactor7 to Mortgagee, rind will pay the cost of filing Ihc s~n~c in all public oMces wherever filing is dcemed by Mortgagee to b¢ nccc~-y ur desirable. (g) All covcnnnts sad obligations or Mortgagor containcd herein relating Ute Mortgaged Property shall be deemed Io apply to thc Personal Property whether or not expressly m/crt'ed lo herein. (h) 'l ,'his Mortgage constitutes a Security Agrccmcnt ns that term is used in thc U.ifunn ('ommcruhd Code of Florida. ARTICI.E V REMEDIES UPON DEFAULT 5.01, Events Of Dcf,,ult. Any one or more ofthc, following shall constitute a default undcr this Mo~xgagc :,nd thc Notcs hereby sectued: (a) Failuxe of Mor~gngor to make one or more payments requircd by either thc No:cs on thc duc date ~hcrc.of. (b) Faihtrc of Mortgagor to pay thc amount of' any cosls, expcnscs or fccs (including counscl fees) of the Mortgagcc. with intcrest thcrcon, as rcquircd by may provision of this Mortgage. (c) Failure to exhibit ~o thc Mortgagee, within ten (10) days nfl. er demand, receipt showing payment of real cstatc ts.xes ,.nd assessments. 14 'S'G~ST'RflCT ZD:9417742627 HflR 23'98 16:12 No.O14 P.i5 OR: 2128 PGe 16 1 (d) Excep! as hereinbefore permitted, the actual or Ihrealened aher,~l;--~, demolition or removal of any buHdin~ on thc P~mlscs without ~ittcn consent or the Mon~a~ (c) Failure to nminlain the Improvcmcnls on thc Premises ,'ts heroin required, frcc of any liens pl,,ccd or threatened during the Icao hereof. (1) Failure to comply with ~y rcqulrcments or order or nolicc o£ violation of I,w or ordina, ncc issued by any governmental dcpartmcnt claiming juH.~diclion over tile Moxtgagcd Pro.hefty within three (3) months £rom the iasu~cc Ihcreo~, or ~rom ~y ,such viobtion [~comcs a lien a~ainst thc Mo~a~cd Pro~y, whichever flint occum. ' · (g) Failure or Mor~gagor or othc~ to comply with or perform any other warranty, covcn~t or agreement coniained her~in, in ckhcr of the Notes, in t]~c Construction Loan Agr~emenl, i£any, Commitmcn! l.c,cr or in ~y other document executed by Mortgagor in conjunction with this tr~m.,,action, ofcvcn daIc herewith. (h) Any breach or any covenant or wm'm.nty or material untruth of any rcprcscmation ct' Moagngur c¢)maincd in this Mortgage, or ¢ithcr of thc Holes or any guaranty cxccu:o.i iu conj,,incliun hurcwith. (.i) Thc in.,;t,tuti~n olr any bankruptcy, reorgas'fization or insoh'cncy proceedings 'agains~ the then owner or Mortgagor in poss¢~.sion of thc Mortgagcd Property, or any guaza.ntor or obligor under thc Notes, or thc appointmcnt of a receiver or ~, similar official whh reslXCt to ail or a substantial pan of thc pro~rti¢/ oi' thc then owner or Morlgagor in possession of thc Mor~gagcd Prop<:rty and a failure to have such proceedings dismissed or such aF, poinmtcm vacated within a period of tony-five (45) days. (j) '1 hc instih, io,~ or troy voluntary bankmplcy, rcorg,'mization or insolvency proceedinas b~. thc then owner or MartRagor in possession of thc Mor'h?,agcd Property, or arty guarantor, or any ob!igor undcr thc Nolcs ur the 8ppointmcnl or a rcccivcr or a similar official widt respect to all or a substanlial part of the properties o£ thc then owner or Morlgagor in pos~cs.~ion of the Murtgagcd l'ropcrty at thc instance of the then ow'ncr or Mortgagor irt posscssinn of thc Mortgaged Property. (k) Thc asscnion or making ofa~y levy, seizure, forfeiture ,cdon, mecha.nic'~ or ma:crb~hnan's lien ur att:,chmcn! on the Mortgaged Propcr~y or any parl thcr¢ot; (I) Ir dc.q.tult shall occur in any loan no,*' or hcrcaltcr in existence bctv,'een Mortgagee and Mortg.~gor or any ,nortgagor which the Mortgagor or any guarantor or obligor under thc Notes has any imerest whntso, ever. (m) The occurrence of any Event of Dcfauh under cithcr oi' thc No',cs, or any loan agrccmcut or g'aa.;anty, whcthcr or tlOI SUCh ¢~, CIII iS Spc~:ilScally sC[ fo~h I~ercin. 15 'S '~BSTR~CT iD:g4!77~2627 MaR 23'g8 16:13 No.O14 P.17 OR: 2128 PG: 1652 5.02. Defllul! Rate. l'he Default Rate shall be the highest rate allowable by l~w at th.-. lime o1' default, provided, howcvcr that at no time shall nny interest or charges in ~c naive or interest ~ ~akcn, exacted, received or collected which would exceed the m~imum rote ~nnittea by law. 5.03, Accelcr.tion Upon Def, ulh Additiun.I Rcmcdlc~. .la the event that one or more dcf~ult.~ ,.~ above provided sh~sll occur, the.remedies ,reliable to Mortgagee shall include, but not necessarily he limited to, any one or more of thc following: (iq Mo~gagec shall dcelar, th, entirc unpaid balance of' both of the Notes immediately due and payable whhout notice, ~nd Mor~ga§ee may wail itself of any a~d all rights. and ~e:,:cdies under applicable law and this Mor~ga§e may be foreclosed trod Mortgagor shall pay costs, chargc.'~ ,nd expenses thereof includlng reason.hie attorneys' fees. (h) Mortgagee may tn. ko immediate possession of the Mortgaged Properly or any pm thereof (which Mongagm agrees to surrender ~o Mo~gagce) ~d m~age, ~mrol or [c~c ~c ~e to such ~rson or ~mons mad al such rental ~ it may deem pro~r and collect all rants, issues ~d profits, therefore, including those pmst duc ~ wall as those thc~nflcr acc~ing, wiH~ the righl in thc Mortgagee to ca:reel any lc~c or sublease For m~y cause which would entitle Mo~g~gor to c~ccl ~hc stone; to m~c such cx~ndi~ums For mainlennnce, rcpsirs ~d cosls of o~ratioa as it may deem advisable; m~d aRcr deducting lbo costs [hcrcof~d n commission of five (5%) ~cnt u~a ~hc 8ross amoum of rcm~ collected, to apply thc residue to thc payment of any sums which ~c unpaid hereunder ~r under ~c Nmos. ~e raking of ~s~cssion ~der lifts paragrnph shall not prevem concu~cnt or later procecdlngs for Ibc fo~closum sale of ~he Me.gaged Prolixly ns provided c!scwherc herein. (c) ,",longngcc may ~,pply to any courl of competent jurisdiction for thc a?i'xm~tmcnt of a receiver or similar onScial lo manage and of, crate thc Mort§aged Properly, ur any pan thereof, and m apply ~hc net :en[~ .'md profits therefrom to the pn):ncnt of thc interest ~md/or pti~cipal of said No:cs ~nd/ur m~y oH~cr nbligatinnq of Mt~rlgagor to Mo,"lgag¢¢ hereunder. In evem of such application, Mongagt~r agrees to consenl to the nppoinlmcnt of such receiver or similar ol'licial, m~d ngrc~s tha~ such receiver or similar o~cial may bc appointed with[mt nolicc to Morlgngnr. withuu~ regard tu thc adequacy nr any sccurhy for the debts ~nd with(mt raged to thc solvency of Mortgager or any olhcr ~r~nn, firm or co,ration wh~ or which may ~ liabtc for iht paymcm of thc Notes or ~y other ()bligntion o~ Mo~gagur }:amender, (d) Without decl,,ria.g thc enlim unpaid principal hahmcc duc, the Mortgagee may R~rcch~.qc only a'~ to the sum p~.ql due, withou! injury to lhis Mortgage ur the dislHaccmcnt or impairment of the remainder o£ the lien thereof, and at such Corcch~surc sale the properly sh'.dl hc stHd subject m :~11 rcmaiuing i~cms o1' indebtedness; nnd Mortgagee may again foreclose, lB the ~mc manner, ag ellen as there may hc any sum past duc, 16 R'S RBS, TRRCT ID:g~IT7~2627 MRR 25'g$ 16:13 No.Ol~ 5.04. Additional Provisions. Mortgagor cxprc.~s]y agrccs, on tx:hair of its~lfL succes.~rs ,'~'~d m~.~igns ~md ,zny ~urc owner or thc Mortgaged Property. or a~y parl thereof intcrcs! fl'~crc~n. ~ (a) All remedies available to Mortgagee with respect to this Mortgage shall be cumulative a. nd may be pursued concurrently or successively, No delay by Mor~gagcc in cxcrcl.4ng nny such remedy shall operate as a' w~iver thcrco£ or prccludc thc cxerc{,~c therco,r during Ibc confinuancc o£that or any subsequent de£aull. (b,1 Thc obtaining or a judgmcn[ or decree on either o1' tim Notes, whc[hcr iri - thc ~tate or Florida or clsewhere, sh~l] nm in a.ny rammer alTecr, the lien or this M°r~[agc upon the M:,,q~gcd Propcr~y covcrcd hcreby, and .',ny.judgmen~ or decree so obmincd shall b¢ .~ccured to the .~mc extent ~ said Notes nrc now sect,red. (c) I, thc event of any forcclo.~urc sule hcrcundcr, nil net proceeds shall bc av:,ilablc for appliculion to the indcb~edncss hereby sccured whcJhcr or not such proceeds m~y cxcccd Ih(' v~lue oJ' thc Mod~aged Property for unpaid ~xcs, l[cns ~sscssm, cnts ,'m,d a. nv olhcr cos:.~ rclati:~[4 tL) die ,\,tor'tgagcd Proj:>cr'ty. (d) '[.'he only limitation upon thc £orcgoJng a[rccmcnts as lo the exercise or' ,V,o~sngcc's rcmcdics is d~,{ there shall be bul one lull ~d complete s~'~fis,r,c,,ion of thc indcbtcdncss sccurcd hcrcby. (e) Thc Mortgagor shall duly, prompIly ~d ~'ully perform cach and every term a,nd provisitm oi' any Construction or other t.onn Agrccmenl which has been executed and delivered by thc pan~c.x hereto simult~cous}y with Ihe excculion ~d delivery hereof, the terms o,"'a, hlch Co:ts:ructioa or other Loan Agrccmc,~ are incorporalcd herein by reference. Thc lien oI' ~his Mortgage '.ecu:cs thc psyment of all sums payable to Mortgagee and Ihe pcrformnncc of all covc~m.nts a:~d agrcc~cnls of Mortgagor under thc temps of any Construction or other l.om~ Agreement. $.05. Remedies Not Exclusive. Mortgagcc shall be cn:illcd to cnf'orcc payment avd r'4:rf'ormm,,cc of ,'my indebtedness or obligations secured hereby and to exercise all rights a. ! powers under this ,Mortgage or thc Note.~ or under any other ;.greemcnt or any laws now or hcmufler i, force, notwilhslanding some or all or the sa.id indcblcdncss and obligation.,~ secured hcrcby m,y now or hczcaf't,:r be otherwise secured, whether by mortgage, deed of trus~, pledge. lien. nssignme~l (,r ¢~therw;se. Nci/hcr the acccptm~cc of this Mortgage nut its enforccmcnl shall prejudice or ~n a::y may, ncr affect .Mongagec's righl to realize upon or enforce uny other sccurily no,., or hereafter held by Mortgagee. il bci.g ugrecd dmt Mortgagee shall be entitled to enforce this Mortgage nnd any other securi(y now or hcvca~.cr held by Mortgagee ill .~;~.lCh order alld manner ns Mon,q. agee .'n:,y in its ab.',.lutc discretion dc~erminc. No remedy herein coati:fred upon or reserved t~,~ Morlgagce is mtcssdcd to be exclusive of'any ofl~cr remedy heroin or by law provided ()r [x'rmiitcd. but each shall tx: ct.:~ulativc and shall be i. addition to cvcry o~her re~ncdy given ke:eundcr or now or hereafter cxi.~ting nt law or in equity or by statute. Every p<~wcr o['rcmcdy g~vcn ~o Nl¢,r'tgagc¢ or lo which i~ may be odserwi.'~c c.titlcd, may be exercised, 17 2R'S ~9STRACT ID:94177~2627 MAR 25'98 16:14 No.O14 P.19 OR: 2128 PGe 1654 voncurTcntly or independently. From time to timc and as often ns m,'ly bc dccmcd cxpcdicnt by ' ^R'FICLE VI ~11 .',;C' E L LA N KO U,q 6.01. C'orl)orat¢ Existence. So Ionggs thc Mortgaged PtoleMy shall b~ owncd or held by a corl~rafion, such cor~rmion shall al all limes m~[l~tahl its corpura[c existence ~d shall ~ l%lly autharivcd to do business in thc State o( Fh,Hda and shall mainlain in thc Stale of Florida a dub' amhorlzcd rugis[ercd ~gcnt for the scmice of process. Failure ~o comply will~ such obligations shall ~ a dcfaull under this Modgngc. Will~ln nln,:[y (90) day.~ after the cxpiF41io~ of the F.ae for filing its annual reign nnd the payment of the appropriate co.rate t~cs in thc Stalt .,~ Florida. Mmlgagnr will ~umish lo Mo~gagec ~ cc~[ficnlc o~ good standing or olher 6.[II. .Kt,,llcmvrtl.~ hv ,Mi,ri~al~,r. ,',,i,~rtga~nt, within Ihrcc (3) di~ys a~cr request in ~rson or ~ithin ica (tO) days nl~cr rcqucs~ by mail. will furnish to Moa~,~cc or ~y pcrson, ~m~ or L'(]~)r3t[on designated by ~o~a~cc. a duly ack,towl~d&cd ~ri~cn Jl1~Orlllallolt with tcspcc: :o sLich allcBcd o~scls ~nd/o~ dcfcnses. 6.03. .~uccc.,,.~or.~ ~nd A.~i~ns. The provisions hcruorshall ~ bindin~ u~n and shall inure to ~hc benefit o=' thc ~onga~or. its succcs~rs and assigns, including wi[imm limhation subscqucm uw,,c~ ur cbc t'rcrmscs or thc lcnschold csia~c o~ d~c P~miscs or m~y p~ thereof; shall N' biading uN,n and shat[ inure to the ~nefit oF Mortgagee. i'.~ successors ~qd m~siBns ~d tn ~hc cron: IBc o~ncrship o:' thc Mo~gagcd Pm~y or any leasehold cstatc thal may bc co~crcd I,X :h~ Mortgo~:c. bcc(m~es ~csJcd in n person other than Mo~gngor, Morlgngee tony, intcrcs~ r;~tc amgor ahcr or extend IJtc [u'm~s of p;,ymcms of thc in~mm~cn[ and thc Notes in thc tc~s of payment ortl~e No~c~ witht,ut notice to Mungagor hereunder or under thc Note~ hcr'~y secured or IBc ti~n or pri,,rhy of [l~i~ ~tOltgagc with rcs~c', lu rely part hi' thc Mortgaged I'ro~y covered hercb), but nothing herein contained shnil serve to relieve Mo~gngor of an; liability under thc Ne:cs or this Mortgage (or nny other agrccmcm executed in conjunction thcrcwnh} unless Mortgagee shall expressly release Mo~gagur in ~i6ng. Mnngagor and ~ny transferee or a>~;gacc ~ha;I be joimly a~:d severally liable for nny docun~cn:ation or intnngiblc tmxc~ impnscd a~ a rcsuh ol'any fi;tusKer nr assmnpl{o:l. 6.04. Nnticc~ A',[ notices, cl.:ma, rods ~uld requests given hy either par'.y hereto Io the Duty :.}:;,Il t,: I:1 ',~.i'itill~ All m,:ivc>, dcrnands nmi tcquvsl.,i t)y thy Mur:gngce to tile Mu;re,go: ~l:;dl bu' dccrucd to h,~vc tx'cu prupcrly glvcn if' ~cnl h? t;nhcd Shtlc'. rc}.;i~tt'lr.d ¢,r ccruficd ma~l. postage prepaid, add,csscd Io thc Mortgagor at tl~¢ address as ~he ~,tl~r'.gagur ~'S 98STRgCT !D:~'7?a2627 H~R 23'98 16:15 No.Ol~ P.20 OR: 2128 ?G: I655 front time to time designate by written notice to thc Mortgagee. given as hcrcin required. All noticc~, dcmand.~ and requests by thc Mortgagor to the Mortgagee shall be dccmcd properly gi'~ca it' scm by United SI,tc.s registered or certified mail. postage prepaid, ~ddrsssed . the Mortgages, nr to sut:h ~,thcr address as thc Mortgagee ma), fio,n time to ti,nc dcslgnatc b), wrmcn nmic~: to th,: Mortg~gor. given ~s hca:in required. Notices, d~:mand.~ and requests given in thc manner aforesaid shall be deemed su~¢ienlly served or given For all purposes hereunder at thc time .',ueh mince, dcmm~d or request th-Il be dcp<)silcd in any'po.si oil]cc at' branch posl afl, cc n:gularly maintained by Ibc Unilcd Staics'Oovernmem. The Morlg'~gor shall dcllvcr to thc Mortgagee. promptly upon receipt of same, copies of oll notices, certificalc.,, documents and instruments received by i~ ~hish matsrisll), ,frcct ,.ri)ii part o." :he Mortgaged I'rnpcny ~:ovcrcd hereby, including, withou! llmknlion, notice.,, from my lc.,;:., or sublc.,,scc claiming th,',.I Ihs Mongagt~r is in dcfi, ull under an), terms of m~y Nme or sublease. 6.05. ~lodifications in Writing. This Mortgage amy not bc changed, terminated or modified orr, lly :~r ~n any othcr manner than by an inslrurncnl in writing signed by the party nBni:~$! whom ¢:d'orcc:ncnt is souBhl. 6.06. CspHuos. The caption.s or headings al thc Ix:glnnlng uF cnch Scclion hcr¢ot' arc fur thc ,',mvcnicm:c oFtl,e ~:a~ics ~nd are not a pan al'this Moral;aBc. 6.07. Invllidily of Csrl-ln Provisio,,~,. Il' thc lien uf this Mungo, ge is invalid or uncnforccable as to nny part al.thc deN, or il.the lien is invalid or uncni'orceable as to an), part o1' thc Mortgaged Prnpcrty. thc unsccurvd portiun of thc den shall be completely paid prior to the .[mymcnts of mc secured porlion oi' thc dcbL and all payments mr~de on thc dcbt. whether v,~un:arily c~r othvr',,.i,;c, shall bc considcrcd ~o have bccn first p~,id on ~l. nd applied Io Iht Full puyrnct:[ of ~kn'. partial: of die debt which is not secured or fully secured by the lien of this 6.08. No hlsrgcr. Il'both tl~c l¢.~sol's and Icsscc's CStatcs under uny lease or ,'uty portion thcrcuf which cunstitt,tcs a pan of the Mortgaged Property shall ut .~y time become vested in one own¢~, tl~is Mortgage and thc l~cn created hereby sh,,ll hal bc destroyed or Icm~inatcd by applicadm~ of' thc doctrine u£ merger and, in such event, Mortg.',gce shall cuntinut: to h,,ve md enjoy ail c)f thc riBhls ;md privileges ot' Mortgagee a.~ to thc ~r,u'ate c~tates. In addition, upa, the Foreclosure of thc lien crcaled by this Murtgagc on thc Mor~g,ged Propcr~y pursuant ?revisions hereof', any leases or subleases then existing ~d created by MortBagor shall ,ol tx: dcslroycd or lcm~in;~:cd by applicalion of Ibc law o£msrgsr or a., a result o£such Foreclosure sale unlc.~s M~rtgagcc .~h.',ll so c!ccl. No act by or on behalrol'M~m~agc~: ~r any such purcha.,¢r consli~u:c, tcrminalkm of any lease or sublea.~c unlcss .Mortgagee or SUCh purcha.,er shall g~-.~: ',,,,-i:tcn nolicc thcrc(,£ :o such tc:lanl or sub~cn,-,nt. 6.09. Govcrnin~ I.aw ,,nd Construction orCl,um. This Mortg~,gc shall be govcrned and c,n,t.,-ucd hy thc ~ax,.'s ~,f thc Stale off Florida. No ,~ct of'thc biortgagcc shall tx: constr'ucd a.,~ zm etec~ion Io proceed under nny ~mu prt)vision oF thc Mortgage or oF the applicable ~;..:,)~cs of 19 "S ABST.EACT !D:9~77~2~27 MAR 25'98 16:15 No.OI~ P.21 OR: 2128 PG: I656 Ute :State or Flocida to the exclusion of any otlter such provision, anything herein or othcrwis¢ to thc corotar7 notwithstanding. 6.10. Tr~sn,t'er. In thc event all er any part of the property encumbered by IAi,, Morlgagc, or any interest therein, is sold, conveyed, encumbered or od~envisc tnmsrerrcd by the Mongag.r, wiLhout Mortgagee's prior written consent, or, if Morlgagor is a partnership, any general panner o£Mortgagor ceases to bca genera.] partner, or ifMortsagor is a corporation: (i) any shareholder of Mortgagor owning directly or indirccdy 10% or mom of the issued and outstanding stock of Mortg-',gor a.s of the date hereof transfers, during the ~crm of thi~ Mortgage. any of such stock, or (ii) any additional stock of Morlgagor is issued after the dale hereof, then. a~d in the event any of thc foregoing events occur, Mortgagee may, in ils sole disctctlon: (1) require a modification or' thc terms o£the Inan or loans secured her:by (including withou! limitation those rotated to the rate of interest and terms or schedule or repayment) in ~, m~ner s~Ii.sfaclory to Mortgagee. ~d may charge art 'assuJ'nption fee" or similar fcc in consideration of such mo<lificution or approval, or (2) accelerate thc indebted.ness secu. md hereby and ctccl~,r~ the ~hen ()utstanding b. alat~ce secured hereby, with ail accrued interest Io be in'm~ediately due and p~yable. 6.11. Boo~ sad Revords. Mortgagor shall fumirh annually to Mortgagee complete, true and accurate books of' accotmLs and records reflecting the results of thc operation of the Mortgaged Propcc~y. Mortgagor shall aiso furnish to Mortgagee within ninety (90) days after thc end of each fiscal year of Morlgagor a balance shee~ and a s'ta~¢mcnt of' income and expenses, bofl~ in rensoaaSlc detail, prepared in :~ format acceptable to the ,Mortgagee, and if' any of thc .',4, o~ag~:d Pr~',per~y i~ renled or !eased. a rent ~hedul¢ nt'a Mortg[~gcd Propcr~y, certified by an ~,ccountlng officer of' Mortgagor. showing thc ha. mc of each gcnanl and th~: space occupied, thc lense expiration date ,,nd thc ~nt paid. 6.12. Fit~,~ncial .qtatcmcnt$. For so long a.s any balance(s) remain ua~pald on the Notes, thc Mor~gngor shall nt all tin'scs compl.,y with thc following unless thc Mortgagee shall ,ther'wise cmtscnt in writing. Mortgagor shall keep books and records reflecting its/their financial condition(s) i,cludir,g, but nol limited to, thc operation of the Project in accordance with gene~ly accepted accounting principles consistently applied. Mortgagee shall hnve the right, lmm time to time al ail times during normal business hours, to examine such books, records and nccou, nts at the offices of' the Mortgagor er other p<:rsonal ct,try maintaining such books, records and nccounts and to ma. Re such copies or extracts thereof as thc Mortgagee shall desire. During the term of the IomL thc Mortgagor (includin~ all Co-Mortgagors, if applicable) must furnish or cause to be furnished to thc Mortgagcc within 90 days 2O ~'S ~8$TRRCT ID:ga!77a2627 M~R 23'98 16:16 No.Oi4 P.22 OR: 2128 PO: 1657 of thc close of h~tl,cir fiscal ycars, itsAhcir current signed financial statements (,'umusl bnlm~cc shcct n,~d n profit/loss statcmcnt) of c~ch Mortgagor which bc "Presented To" Fk,4 Un;un National Bank of Florida. All Mortgagor.~ ~lso onto,ally t'umish to Mortgagee: (i) a. rmual U.S. Income Tax Returns. (ii) statement disclosing all contingent liabilhics, and (iii) such intcrim statements muy reasonably bc required by Mortgagee, fi.om time to tJmc. During thc term ur thc lu~a't, thc gu.m"~tors must fiirnish or crease to ~ to thc Mortgagee ~thin 90 days of the clo~ o~ their fiscal yc~. cuncnl si~ed fin~c~al ~a[cmcn[s (~ual bal~cc sh~t ~d a profi~oss sta~emenO ~or e~eh guarunlor which must ~ ."Presented To" Fiat Union Notional O~k or Fl~d~ Ail gu~tors shMl also ~lly f~ish lo Mo~g~cc: (~) annual U.S. Income' '. .,. Tax Re,urns, (ii) a smlemenl disclosing all contingent liabilities, ~d (iii) interim ~tatcmcnts as m~y ~onably ~ required by Mortgagee, from time to time. l). If the Project consists of incomc-proclucing proper~y, Mortgagor, ut its cost and expense, shall annually furnish to Mortgagee an income and expense stalcment of thc o~ration of thc Project within 90 days after the close of thc Mo~gagor's risc. al ye~. Each ~ta:cmcnt shall showy the tot~l minimum ennual rent, perccntagc rents, total income received from each tenant, total gross receipts £rom operations and rolo! expenses in detail ~tisfacto~ to thc M.flgagce. Mortgagor shall also furnish such imcrim statements to thc Mo~g~gee ns may ~ required, from time to time. If thc l'r.jcct consists ur incomc-prc~uclng property, Mortgagor shall f'umish to ~he Mo~gagee cu~en~ signed rcn~ ~lls or lease digests prior to the closing of the loan at~d annually thereafter, no later th~ 90 dsys after &e el.sc of Mo~g~gor's fi~cal year, certified to ~ct~cl by thc Mongafior. lt~addilion, Mortgagor shall f:~:nish to thc Mo:~gngcc. ns Mortgagee may request, truc and cumplctc copies of all Imasco. cxtens;ons nn~ur modifications for thc Project. Mortgagor and guarantors (ifm~y) shall advlsc Mortgagl,c of their respective fi.~c~l year-end daces and sba'Il notify Mortgagee, in writing, of any change in such year-end doles. 6.13, Other lndcb~edne'~ Secured. This Morlgnge is also given as security for an~; and all other sums, indc:'~lcdncss, obligations m~d liabilities of any and cvc~ kind now or hcrzaflcr dmi~g ~hc tcnn hereof owing and to t~comc duc frum Mor~gugnr lo Mu~gu~zc, however created, inc'a;'rcd, evidenced, acquired or ~ising, wi:oiLer under thc Notes or :his Mmlgogc, or any other instrumcn~, oblignllon, contrncl, ngrccmc.t or dcali.g of m~y m~d cvco' kind now ur hcrcallcr existing ur catered inlo ~'iwccn Mungagor and Mortgagee. or othc~ise, as ~mend~, modified or ~upplcmcnlcd from iime to time, nnd whether direct, b~dirccl, prim~, sccond~, fixed .r cm~lingcnt, sod ~my and MI renewals, modifications or cx[cn.~ions oP any or ali of thc foregoing. 7.1 ~,'S ABSTRACT !D:gzll?TZ12527 MAR 23'98 16:17 No.O14 P.23 OR: 2128 PG: 1658 6.14. Construction Loan Agreement. Thc loan cvid~:nccd by Nole I is availablc to be :,dvanccd Io p~y for development and other cost~ incu~cd by Mo~gagor, ~t will ~ odv~,~cd pumu~t to a Dcvclopmcnt ~nd Rcvolvin8 Construction Lo~ Agrccmcnl ~twccn Mo~gag, m~d Mo~gce or cvcn dale herc~[h (thc "[.o~ Agreement"). The lo~t cvidcnccd by No~c 2 n revolving COliStrtictiun lu~ which Mortgagee has agreed to m~c to Mo~gagor pu~u~t to the Lonn Agmcmcnl. 3~c pr~ccds oFlhc lo~s evidenced by Nolo ! mid Note 2 ~11 ~ advanced accord wi~ thc ~cmis thereof as die construction of thc lmpmvcmcn~ to be made pmgrcn~c~. 'l~c =mount so ,dvancc(I under thc Io~l evidenced by Note 2 may ~ repaid and rcsdv~ccd and may cxcccd thc cumulnlivc sum of FOUR ~II. LION AND NO/i 00 DOLl. ARS (~4,000,000.00), but ~hc aggregate principal baim~ce outst~ding under No~e 2 secured hereby sh~]l not exceed thc suni of FOtJ~ MIl.LION AND NC:.'! 00 I)Oi.I.ARS ($4.000,000.00) ~1 ~y one ~int in time. u. 15. Neconda~ Financln~. MoRga~or shall not obtain sccond~ ~n~cing, 6.16. Rt'lease~ ofCondnminium Ualla ~.d Other ~roper~. ~o~g~gcc may condominium units coastructcd un thc Prcmiscs ~d uthcr pro~y, Frmn thc lien of this MonRn~c in ~ccord=ncc wi~h thc Icrms scl Forth in ~hc Lo~ AgmcmcnL 6.17. ]).c.~crvc Account. Mt,rtgagc, r shall establish .',nd ,naialnin a reserve ,.,ccour,t ~ith Mongap.,cc in ;,ccordancc wilh thc Icr~s and pruvisitm.~ set forth in thc l.oan Agreement. 6.1fl. Additlunul l'ruvisiun.~. See allached Addcndum. IN WITNESS WIIEREOF, Mortgagor ha.~ hcrcunlo set ]ttu',,d and seal all done as of' thc day and 3,car firs~ hcrcinbu,q]ru ',~Tillcn. .q, ig:X'Ct, sub, It'd ;md dc)ivcrcd ;n [hc p[cscnce ~,~J~J~'f.~A (J 01-{: N'I'C DEVEI.OPMENT, LTl)., a Florida limited parmcrsldp By: .qw FI.ORIDA PARTNERS, a Florida gcncral parmcrship, its sole gcncr:,l panner with Full authority to net on ~ behalf Ro~m (;. Claussen, as M~aging Gcncral l'~ncr with full aud~ority to ac{ o{t ils bchalC 22 !'$ ABSTRACT ID:9417742627 MRR 23'98 16:17 No.014 P.24 STATE OF FLORIDA ) COUNTY OI-' COLLIER ) OR: 2128 I IIEREBY CERTIFY that thc foregoing instrument was acknowledgod before nle this .J4~a.x or~ ~..Ua4f_. 1995, by Robert (3. Claussen. as Mac. aging Genera] Partner of SW Florida Partners, a F]oridm general paxtner~hlp, which is the ~]e genera] partner or NTC Developmcnh Ltd., a Florida limited partnership, on b~halror the partnership, who is personally known to mc ~ (no) or who produced identification. (St. al) Commission Expires: 23 ~'S ~STR~CT !D:9~177~2627 H~R 23'95 16:18 No.014 P.25 "ADD£NDUM" OR: 2128 PG: 1660 .W~'~_J. URY TRIAL' MORTGAGOR HEREBY KNOWINGI,Y, VOLUNTARIL'. AND IN'i'ENTIONAI.I.y WAIVES ANY RIGIIT IT MAY IIAVI..' TO A 'I'KIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON Tills MORTGAGE, (.)R ARISING OUT OF. UNDFR OR IN C()NNECTION WITH Tills MORTGAGE OR ANY AGREEMENT C¢)NTEMPI.ATED TO BE EXE(;UTED IN CONNECTION WITI! THIS MORTGAGE, OR ANY (:OURSE ()F CONDLJCI'. COURSE 'Ob' DEAI. ING, STAI'EMENTS (WllE'rHER VI.:RBA[. OR WRITTF. N) OR AC'FIONS OF ANY PARTY WITI! RI'.'SPECT IIERE'r¢). Tills PROVISION IS A MATERIAL INDUCEMENT FOR TIlE MORTGAGEE'S ACCEPTING THIS MORTGAGE FROM MORTOAGOR. -- S'I Al't! OF FI.OR: 1).,\ ) ('OUN'rY OF COi.I.!I{IL ) NTC DEVELOPMENT, LTD., a Florida limited partnership By: Sw FLORIDA PARTNFRS, a Florida gcncr~l parmership, it'.. sok; general panner with lull authority to net on its behnll' ben G Claussen, as Mm'ragtag General ?a,~n¢: veith full au[hority ~o acl on its bchalf I I lIiRI:.BY CERTII.'Y that thl: f'oregoing instrument wa.~ acknowledged heft)re me this iL2./' d,,y o1'.~.1-~.~_(~ 1995, by Roan G. Claussen, gW Florida Pa~ners. a Florida general punncrship, which is ;he sole general p~ner of~.l'C Dcvclopme.h lad. n. Florida limited p~nncrship, on ~h~lfof~c pannership, who i~ ~rsonal!;- known ~n me ~s~' (no) or who produced My 'S ,~BSTRg£T ID:9~17742627 HgR 25'98 16:18 No.O14 P.26 OR: 2128 BG: 1661 EXHIBfT A - LEGAL DESCRIPTION All that part of th9 west 1/2 of Section 19, Township 48 Eouth, Range 26 East, Collier County, Florida being more particularly described as follows: plong the vest line of s&ld Section lg, North I*-07'-34" Welt. ~0o.00 feet to tho north line of an easement ~or' driinsge purposes as described in Deed Book 44 &t page ?S, Collier County Publ'£c Records. Collier County, ~;~rida said point also being ~ho ~ou~hwoat corner o~ that parcel al do~cribsd in O. R. Book 767, paqs~ 1505 and ~509 and O.R. ~ook 768, pages 628 and Collier county Publi= Records, Collier County, ~lorida; thence along the boundary of that land a~ described in said O.R. Book 767, pages 1508 an~ 150~ and O.R. ~oo~ 768, pa~es 8~S and 829, Collier County Public Records, Collier county, Florida the following described nine (~) courses; L) North 89'-09'-48" EaSt 50.00 feet; ~ NorLh l'-07'-3i" West $t9.50 feet; ] North 8S'-52'-26" East 30.00 feet; 4 North ~'-07'-34" West ~017.e3 feet; S North 0'-5e'-~8" West 582.54 feet; 6 North ae'-Ol'-lZ" EaSt 360.00 feet; ? North 0'-5a'-es" West 800.00 feet; 8 South 89'-01'-12" We~t ~00.00 feet; ~ North ¢'-S8'-~0" Wes% 12SO.00 feet to a point on the north 1 ne of said Section 19, which lies North se'-20'-00" Eas~ ~0.00 feet from tho northwest corner of said Sottish thence along the north line of said section 19, North ~as~ ~59Z.26 foot to the North 1/¢ corner of ~,ld Section 19; thence along tho north and south 1/e section line of saiO Section 19 South 1'-09'-21~ £ast l?l~.0S thence leaving sa~d line, South 89'-09'=~8'' West 750.00 feet; thence South l'=0O'-21TM Zest ]~0~.?~ foot to the south li~e of said Section 19 and the south line of that dreinage easeme t de~oribod in said Deed Book 44, page ?a: thence along 9aid line, 8outh 89'-09'-¢8" We~t 1890.Zl feet the ~ou~hwest corner of saiJ Section ~ and the Point of ~eginning of the parcel horein described; 'S GBSTRnCT ID:~177~2627 MnR 23'98 16:19 No.O14 P.2? 2150463. OR: '2285. 02/20/. ~t UC fll Il. SI il-.Oil Jill.il BUDD k IDC~J~ IMI lllllll~ D! IZO! MODIFIC^TION OF MORTGAGE kNl) SECURITY AGREEMENT AND ASSIGNMENT OF [.EASES, RENTS AND PROFITS AND NOTICE OF' FUTLIRE ADYANCE :' TI:iS MODIFIC^TION OF MORTGAG[: is made this J_~___4-zPI day of ~_ff...~... 1997. t.j and between NI'C I)F. VI';I.()I'M[!NT. L'I'D,. a Florida limited parmership. I"NTC") who~ address is 2450 Piper Houlevard. Naples. Florida .'14110, ,,"MorlBaBor'). and FIRSI' [JNI()N NATI()NAI. BANK ()F I"I.()RII),\. ;t national bankin~ association. 5801 Pelican Bay Boulevard. N,~plcs. Flo:ida 34108 ("Mongn~ec"). R EC:I'FALS: A. Mortgagor grail:cd tu Mortgagee u MonBal4C and Sccurily Agrccmcnl and ,\.%signmcm of I.¢asas, Rcri',s and Fwfits dated Dc-cembcr 13. 1995. (thc "MI)riB&gu") which encumbers thc real prnpcn), described in ~h¢ Mortgage ("Prolxrly") which MorIBngc ~as recorded -t ()~k'.iul R~.'cords Book 2128. I'uBc 16~7. o1' thc PuNic Records of' Collier Counly. Florida; and p,. Iht: Lit,r~ga~t: ur~gin,lly .,,toured a promissory note in thc original principal amount ¢,1' SF. VIiN .MIt.LI()N ONL lll.~NDR[il) 'l'ltOIIgANl) AND Nil/ID0 l)Ol.l.^R.", (~711OO.OOO.O0} {"Note I") ami n revolving promissory nolo in thc face amount o1' F()tIR MIt. I.I(;N AN[) Ni),'100 DOLl. ARS ($4.000,000.00){"Note 1["). bmh Nsuud by M:wtgagnr in favor of Moagagcc C. Morlgagor has rcqu~.,.Icd and M¢,rlgagct: has agreed I. make ,amber loan lo M,ngallor iu ll~c amounl el' ONE MII.I.IC)N TIIREE llUNDItED FIFTY TIIOLJSAND I)()I.I.ARS AND N()/100 (SI .350.000.00) Io I~ sccu~d by the Mortgage. ms m~ifi~ herb)'. Such oilier loan ts critic,loud by a f :'omissory Norm lite F~cc amount uf whiuh i5 'S1.350.~.(N) cxcculcd b)' Mortgagor in tavvrul' Mortgagee gl'oven date herewifl~ ("Ne~' Note'"~: aud D. Nu:c I has I',cen reacT, cd by a P,¢Hcwnl I'romissury Nutc iH :he ttnumHt $6.~52.758.';'5 of even d,,tu herewith CRenew:,l Note") issued by Moni.;agor in ['ss,~t.,,' Of Mortgnt:.cc. Thc principal balance outstaHding under the Nme I. ~,~ rencv,.cd is $5..1105.617.46. 'lhe undisbt,rscd mm,ual under Nme I. n.t renewed is $1.54"/.141.29. Thu fact., asm,uHl uf thc Re,¢w;,I Nme is equal :o the total o1' .~uch amounts. 56,852,758.75. The Renew'el Note nnd OOCUMENTAR¥ STAMP' TAXES IN 'Ds~: AMOUNT Of t~0,850.0~ AND INTANGIEILE TAXES IN THE AI~,. JNT Of: Vt[RE PAl'.} AT THE TIME OF RECORDATION OF THE MORTGAGE AT OFFICtAL +RE, COP. OS D, OOK 212~, PAGE. l~:J?. O4r' THE PUlJl.tC RE. CORI:)3 OF COLLIER COUN1Y. FLORIDA DOCUMENt',Idly STAMP AND i~tAI4~II~L~- TAXES IN 'S 9BST'RDCT ID:9~i??~2627 HgR 25'98 16:20 No.O~ P.25 OR: 285 PG: 1535 N¢~ Nme Imv¢ been consolidazcd by ('onst~lid.',tcd Rcm:wal l'mmis~O' Nolo {~!' even date hc~wifl~. ~hich nm~' is in Iht oriLlinal principal aim,un[ of SR.2(]2,758.75 ("('o,~,lidalcd Nmc"l and hn~ I~'cn ~sucd by Mom~a~or in favor o!' Mo~;~ee; and I:.. 'Ibc pnnics ~ish to m(xlifv Ih¢ Mon[m~¢ to rcllcc! thai thc Nc~ Note and Cun~,lidak'd Note shall ~ sccu/cd by {hc Mon~a~c. In addition. Ibc ~nius wish ~o confim~ thai thc s~murily inictcsl in ~nal pro.ny and Ibc assignment or Icn~s. r,:nts ami profils c~alcd t,y Iht- Mt,rl~n~c conlinue~ with rcs~ct Io Ibc I~rm~nni proi~ny and I¢&w~. reals profits re~cting thc i'n)~n)' dc~'6~d in thc Mungagc. 'i~c ~nics have cntc~d into agrccmc;,, to c~ ideate their understanding. Nt)"A'. 'i'i{I{RI-.'F()RI-~. I'nr k!(x~ and valuable consideration, receipt (~1' xxhich is hcr,:hy .~ckn.~lc,ll3cd. thc partlc~ hvrcb.,, ugn.-t: a.~ I'ollm~s: 2. Ibc M,r[wa.uc. ;ss hcrcl,} mL<lificd, secures thc C'~m~flidutcd Note and thc New N.tc (¢ollc¢~i',cly rcl~'rrcd to as thc "Notes"). A dcrauh under chhur ufthc N~,tcs shall co,~.sthu[e a &fault under thc Mu~lgage as hereby tm~ified. Any reference' to No~e ur Notes in Ih¢ M~ngagc shall appl) to thc Nolcs. 3. '1 he malurity da[cs of thc New Note and Ih,: Consolidated Nole arc December 13. It,'g7 '1i~¢ principal hal;.mce ~mtsta.ndinL.: under thc New Note is $1.350.000.00. Thc principal balm~cc outsiandmg lOL~cthcr v, ith undixbur.',cd amuunts under thc ('~nxulidatcd Nulc $8.2f)2.758 75 .1. Notice is hcrcb) given that pursuanl to paragraph 1.17 of the M,nLg.,aizc. thc $1..350.~)(~. 'l'hc pre'cods thereof ~ill ~ advanced in accord 'wjlh Ibc ic~ of a dmcd [&a:cm~r 13. 1~)5. ~ amended ~ fcx cn date hcrcwifi~. 5. I'hc ~'ct,riD' interest in pcr.,;onal prof)crty and the assignment of lca.,;cs, rents ansi prulh', ~.n.'.,cd I,~ thc Mongat;c continues v. ith respect lo linc I)crscm,,I prol',C'rty and lca.~s, rcm.~ profits r'csix'cling Ih¢ Property dcscri~'d in thc MooRage. as hcrct.l'urc and as hcrch.', m~xlified, and hcrch)' sccurx.'s thc New Nolo a.d die Cm~s(,lldmcd N()tc. 6. ,¥1u~tBnl.,,or aBrcc,~ Ih.',l it h:t~ n(~ cl:fim~;, del'er, scs. or ,~l¢~f'J~ :t~.:dnsl Nh,rt$-',gc¢ or lo ¢,r against cnfi,r,ccmcnt utah) of thc Nolcs ¢,r thc Mortgage. as ,nodificd. or il' Mort.uat2or d~x's haxc an',' tH'.~mc, thc.v ,irc hcrcb? x~,ai,,'cd in c~,,l~.i~[~'~,~t,t,l! (,l'ths., ,m,dil~v,:t;t,n. 7. I'.x~ Cl,t ns ,uodificd hcr~:h?', thc ,M,m~:nt:,: remains in fi~ll I'¢,rcc :mu cfl'o.:t. ~'S RBSTRRCT ID:9~!77~12627 MaR 25'98 16:20 No.Ol~1 P.29 III OR: 22115 PG: 1536 IN WI'I'NF. SS WI II.:.RI'X)F. Ih,: pasties h,vu sc, lhcir hands and scal.~ -',~ of thc date n~,W,¥ ¢ Wrill¢lt. Signed. Sc-lcd and I)clivcrcd in tile prc.~ence of: full NTC DHVEI.Oi'MENI'. I.'I'D.. a Florida li,nitcd panncrship By: SW Florida i:'artnc~, Inc.. a Florida co,potation, as sole General Panner. ~vi~h authoril)' on behalf of the panncrship "FIRST UNION NATIONAl. BANK OF FI.ORIDA. a national banking u~.socialic,n I/. ,: ::."7:',>. $ flBST~CT !D:9~!77~2627 MflR 25'98 16:21No,O14 P.$O OR: 2285 PG: 1537 .~'I'ATF. ()F FI.()RII)A ) C¢')tINTY ()F ¢c,c~.l~.F.. ) I liEREBY CI".RTIF¥ that thc foregoing, instrument wa.s acknowledg~:d before mc on ~his SW Florida Pampers. Inc.. a Florida co~raliun. ~ soi~ genernl panner of NTC ~velop,n¢,m I.td.. 3 Florida limil~d pannershlp, on ~half of said ~nership. who is ~onally knox,s, m me (yes) ~ OR wire produced ~ff. ~tu~ .... ~y_<~S ~ ns identificsfi~ ' ' ~ola~Publi¢ 4m~ uf FloHd~ ~A.6~/~,~ :',..~ . 7),pc'ff, .¥1umpe~ or Printed Numc, uf ,.Vo/arv. . My Commission Expires: S'I'A'I'I'~ OF I:I.(}RII)A ) COUNTY OF C'OI,I.II{R ) I tlEREI~ Y ',-'I-~RI'IFY that thc forcgoing instrument ,,vas acknowledged I~cfi)rc mc on this /~_~day ut'.~g~W.O ~ 1997. by SANDFORD MILLER. as Vice President of FIRST UNION NATIONAl. BANK OF }:I.ORIDA. a national ba~ as~infion, on ~half of ~id nssocinl~on, wl~u i~ ~rsonally knmvn lu mc~ (nn) OR who pr~uc~ as identification. .......... ,. ~ ~ ~J~ } ,,b~i~: s,.,~ or '.~.~' ~.,,.,~,.. ~ - ~,,~a..,,,,,z,,~,~. ~/',.i,,,,~,/N,,,,,. ,~f,v,,,,,'r My Commission Expi~s: 4 GrmL Frklci~ & Pc~'.o~. P.A. ~ ~ Drive. Su~ 501 2263365 OR: 2375 PG: 2385 ucol01o ia OIII¢IA~ IlL'ODS of COL:III COli~, 1~ 12/10/~7 aC Il:IlL10IIIG~T 1. !10¢£, eLIll 0Sl, I uc Ill'-.OIl 7100010.00 $1Oilll.OO ltlll.ll ll211.lO let. n: G~LFSHOU BLTD ~210 SECOND MODIFICATION OF MORTGAGE AND SECURITY AGREEMENT AND ASSIGNMENT OF LEASES, RENTS AND PROFITS AND NOTICE OF FUTURE ADVANCE THIS MODIFICATION OF MORTGAGE is made as of the 13th day of December, 1997, by and between NTC DEVELOPMENT, LTD., a Florida limited partnership, whose address is 2405 Piper Boulevard, Naples, Florida 34110, ('MortgagorS), and FIRST UNION NATIONAL BANK, a national banking association, 5801 Pelican Bay Boulevard, Naples, Florida 34108 ('Mortgage~"). RECITALS: A. Mortgagor granted to Mortgagoe's predecessor in intm, est, Fire Union National Bank of Florida, a Mertgage and Security Agreement and Assignment of Leasea, Rents and Profits dated December 13, 1995, (the "Mortgage") which encumbers the re. al property described in the Mortgage ("PropexD"'). The Mortgage was nc. on:led at Official Records Book 2128, Page 1637, of the Public Records of Collier County, Florida; and B. The Mortgage originally secured a promissory note in the original principal amount of SEVEN MILLION ONE HUNDRED THOUSAND AND NO/lO0 DOLLARS ($7,100,000.00) (',~ote I") and a revolving promissory note in the face amount of FOUR MILLION AND NO/lO0 DOLLARS ($4,000,000.00) ('"Note II"), both issued by Mortgagor in favor of Mortgagee of even date with the Mortgage; and C. Mortgagor requested and Mortgagee agreed to make another loan to Mortgagor in the amount of ONE MILLION'THREE HUNDRED FIFTY THOUSAND DOLLARS AND NO/100 ($1,350.0Cq3.00). Such other loan was evidenced by a Promissory Note, the f'ac~ amount of $1,350,000.00 executed by Mortgagor in favor of Mortgagee's said predecessor dated February 18, 1997 ("Note II["). D. Note I was n:newed by a Renewal Promissory Note in the amount uf $6,852,758.75 dated February 18, i997 ("Renewal Note") issued by Mortgagor in favor of Mortgagee's said predecessc:. The Renewal Note and the Note III were consolidated by ~W TAX,El OM ~TE Y ~LL IM~ P&O &T TI'( J~2~D~TIC~t ~E~:~r. I(r)..Y'jil~ TJU:Z:~ C~i NOTE Y, W)M::H Ii A NL'~C~4~2 ]40'T~. ll)M.(.k IE ~ OR: 2375 PG: 2386 Consolidated Renewal Promissory Note of even date therewith, which note was in the original principal mount of $8,202,758.75 ("Consolidated Note"). The Consolidated Note, Note III and the Renewal Note were secured by the Mortgage as modified by instrument recorded at Official Records Book 2285, Page 1534 of the Public Records of Collier County, Florida; and E. Mortgagor has requested and Mortgagee has agreed to renew thc Consolidated Note and Note II and to make two additional loans to Mortgagor in the respective mounts of $5,100,000.00 and $2,000,000.00. Such additional loans.are dvidenced by a promissory note ("Note IV") in the amount of $5,100,000.06 of even date herewith and by a revolving promissory note ("Note V") in the amount of $2,000,000.00 of even date herewith, both of which notes have been issued by Mortgagor in favor of Mortgagee. The Consolidated Note has been renewed by renewal promissory note ("Renewal Note II'") in the original principal amount of $7,146,050:03 of even date herewith, which amount is the principal balance outstanding under the Consolidated Note ($6,411,470.71) together with the undisbursed amounts thereunder ($734,579.32). Note II has been renewed by renewal revolving promissory note ("Renewal Revolving Note") of even date herewith in the amount of $4,000,000.00. F. Renewal Note II and Note IV have been consolidated by Consolidated Renewal Note of even date herewith in the principal amount of $12,246,050.03 issued by Mortgagor in favor of Mortgagee ("Consolidated Renewal Note"). Note V and the Renewal Revolving Note have been consolidated by Consolidated Renewal Revolving Note of even date herewith issued by Mortgagor in favor of Mortgagee, which note is in the original principal amount of $6,000,000.00 ("Consolidated Renewal Revolving Note"). G. The parties wish to modify the Mortgage to reflect that Renewal Note II, Note IV, Note V, the Renewal Revolving Note, the Consolidated Renewal Note and the Consolidated Renewal Revolving Note (collectively referred to as the "Notes") shall be secured by the Mortgage. In addition, the parties wish to confirm that the security interest in personal property and the assignment of leases, rents and profits created by the Mortgage continues with respect to the personal property and leases, rents and profits respecting the Property described in the Mortgage. The parties have entered into this agreement to evidence their understanding. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: I. The above recitals are true and correct. 2. The Mortgage, as hereby modifi."d, secures the Notes. A default under either of the Consolidated Renewal Note or the Consolidated Renewal Revolving Note shall constitute a default under the Mortgage as hereby modified. Any reference to Note or Notes in the Mortgage shall apply to the Notes. 3. The maturity dates of the Notes are December 13. 1999. The principal balance outstanding under the Con.*~olidmed Renewal Note equals $12,246,050.03. OR: 2375 PG: 2387 4. Notice is hereby given that pursuant to paragraph 1.17 of the Mortgage, the proceeds of Note IV, when advanced, will constitute a future advance in the face amount of' $5,100.000.00. Notice is hereby given that pursuant to paragraph 1.17 of the Mortgage, the proceeds of Note V. when advanced, will constitute a future advance in the face amount of $2,000,000.00. '['he proceeds of such notes will be advanced in accord with the terms of a Development and Revolving Construction Loan Agreement made by Mortgagor and Mortgagee dated December lB, 1995, as amended by instrument dated February 18. 1997. and as further amended of even date herewith. 5. Monies under the Consolidated Renewal Revolving Note may be advanced, repaid and readvanced, provided however that the principal baianee outstanding thereunder shall never exceed, although the cumulative amount of ail advances may exceed in the aggregate, $6,000,000.00. 6. The security interest in personal property and the assignment of leases, rents and profits created by the Mortgage continues with respect to the personal property and leases, rents and profits respecting the Property described in the Mortgage, as heretofore and as hereby modified, and hereby secures the Notes. 7. Mortgagor agrees that it has no claims, defenses, or setoffs against Mortgagee or to or against enforcement of any of the Notes or the Mortgage, as modified, or if Mortgagor does i:.;..c ..-qy of same, they are hereby waived in consideration of this modification. 8. Except as moditied hereby, the Mortgage remains in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first above written. Signed, Sealed and Delivered in the presence of': ,: NTC DEVELOPMENT. LTD.. a Florida limited partnership By: SW Florida Partners, Inc.. a Florida corporation, as sole General Partner. with full authority on behalf of the artnership Rober~ G. C aussen. ~ President OR: 2375 PG: 2388 FIRST UNION NATIONAL BANK, a nadonal banking association By: Pmwrr. a,rrrm'~,~u~_' Sar~_ford Miller rfr~: ["ice P?esident (Corporate Se. al) STATE OF FLQRIDA ) COUNTY OF I HEREBY CERTIFY that the foregoing instru~ ent was acknowledged before me on this ~]L~__~day of ['~.l~,& , 1997. by {7~t{ ~. C{Lu%~,, ,as '~r, 6l~f4,~. of SW Florida Partners. Inc.. a Florida corporation, as sole general partner of NTC Development. a Florida limited partnership, on behalf of said partnership, who is personally known to me (no) OR who produced ~,/R as identification. Notary,.l%bli,c - Stategf Florida tr. Typed. stamped, or Printed Name of Notary My Commission Expires: STATE OF FLORIDA ) COUNTY OF COLLIER ) ~ I HEREBY CERTIFY tha~ thc foregoing instrument was acknowledged before mc on this q,~, day of_ ~j,.~[~ , 1997, by SANDFORD MILLER, as Vice President of FIRST UN'ION NATIONAL BANK~,.,national banking association, on behalf of said association, who is personally known ,o me ees)/no) OR who produced as identification. C)FFICIAI. NOTARY SE.AL } C, I. IFI.FN A"13 lAN j \, rr,%R't f~ ..CTATF' (,34: No~_/' Publicity, it va' State,/~ ~' b,'~,~ of Florida Typed. stamped, or Printed Name of,Votary My Commission Expires: T/,..,,4. ~.~, %o. o THIRD MODIFICATION OF MORTGAGE AND SECURITY AGREEMENT AND ASSIGNMENT OF LEASES, RENTS AND PROFITS _~p~THIS THIRD MODIFICATION OF MORTGAGE is made this ~t day of ~_~ , 1998. by and between NTC DEVELOPMENT,,L, TD., a Florida limited p. 2405 Piper Boulevard, Naples, Florida 34110 ('Mortgagor), and FIRST UNION NATIONAL BANK, a national banking association, 5801 Pelican Bay Boulevard, Naplea, Florida 34108 ("Mortgagee"). RECITALS: A. Pursuant to a Development and Revolving Consm~tion Loan Agreement dated December 13, 1995 (the "Loan Agreement"), Mortgagor granted to Mortgagee's pred_ee__~sor in interest, the First Union National Bank of Florida, a Mortgage and Security Agreement m~d Assignment of Leases, Rents and Profits dated December 13, 1995, and recorded at Official ~.~ Records Book 2128, Page 1637, of the Public Records of Collier County, Florida. as subsequently modified (the "Mortgage'). which encumbers the real property described therein "" ,... (the "Property."); and B. The Morxgage secures, inter ~ that certain ConsolicL~ted Renewal Revolving Promissor)' Note in the original princil~ amount of $6,000,000.00 dated as of December 13. 19~7 (the ~Consolidated Renewal Revolving Note'); and C. Mortgagor has requested and Mortgagee has agreed to modi f'y certain terms of the Consolidated Rene,~a] R-.volving Note and to amend certain provisions of the Loan A~t regarding the release of Property from the lien of the Mortgage; and D. The parties wish to mc, dify the Mortgage to reflect that the Consolidated Rer,,ewal RevolVing Note. as modified, continues to be secured by the Mortgage: to confirm that a lien continues upon th~ ProperS.' not previously released from the Mortgage. and to fi.trther ,..hat the security, intere~ in personal propert).' and the assignment of leases, rents and profits creat~-'d by the Morlgagc continues with respect to the personal property, and ]eas~. rents and profits respecting the Property described in the Mortgage; and E. The parties have-entered into this modification to evidence their understanding. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby a~knowledged, the parties agree as follov,~: 1. The above recitals are true and correct. I1~~ ~ AT ~ ~ ~ Z37S. P'AC~[ 2:35.$ OF THE ~ R:E~ OF COt. L ER DOCI.I~)~ARY ~'TAJ~' C~ ~ITANC~BLE TA.,Y~ A~ D~JE AT THI:S ~ OR: 2a,62 PG: 1662 2. The Mortgage secures the ConsolidnLmt Renewal Revolving Note as modified. A default under the modified Consolidated Renewal Revolving Note shall constitu~ a default under the Mortgage. Any r~£erence to Note or Notes in the Mortgage shall apply to the modified Consolidated Renewal Revolving Note. 3. The maturity d~_t¢ of the Consoli~_~ Renewal Revolving Note remains December 13, 1999. 4. The lien of the Mortgage continues upon those portions of the Property previously released by the Mortgagee. From and aRer the execution of Ibis Modification, the Morlgagee will release Proper~ from the lie~ of ~ Mortgage in accordance with the modified Loan Agreement. 5. The security interest in persotml property and the assignment of leases, ~ts and profits created by the Mortgage continues with respec~ to the personal prOl:n:~ty and iease~ rents and profits respecting the Property descn't~ in flae Mortgage, as heretofore and as hereby modified, and continues to secure the Consolkiated Renewal Revolving Note. 6. Mortgagor agrees that it has no claims, defenses, or setoffs against Mortgagee or to or again~ exffomemen! of any of the Noa:s or the Mortgage, as modified, or if Mortgagor does have any of same, all such claims, defenses and setoffs are hereby waived in consideration of this modification. 7. Except a.s modified hereby, the Mortgage remains in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date firm above wHrten~ Signed, Sealed and Delivered in tt:e presence of: NTC DEVELOPMENT, LTD., a Florida limited partnership By: SW FLORIDA PARTNERS, INC., a Florida corporation, as sole General Partner, with full authority on behalf of the partnership Robert G. Claussen. as President *** OR: 2462 PG: 1663 Y]~ Prexidetll Il (~ S~d) STATE OF FLORIDA ) COUNTY OF C~,~c/~',C ) (yea) (no) OR who produced a~ I HEREl~Y CERTIFY ti'mt the £ot~,oin~ ' _trWa'ument was acknowledged befor~ me on this day of ~ 1998, by~{~~~t~, as ?,~lfle,l%tr of SW Florida Parufers, Inc., a Florida corporation, as sole general partner of NTC Development. Lt~L. a Florida limited ~p, on beballf of said partnership, who is personally known to me as identification. b~ cc~,9291 ~ Notary Public - State of Florida Typed, $tamped, or Primed Name of Notary My Commission Expires: STATE OF FLORIDA COU?FI-Y OF COLLIER ,Jan-IS-2001, 05:15 From-THE FUND COLLIER BRANCH g417740063 T-041 P.002/005 F-O4g 2581590 OR: 2631 76:1356 FOURTH MODI~'~.CATION OF MORTGAGE AND S£CURVI'Y AGREEMENT AND ASSIGNMENT OF LF.A~F..8, RENTS AND PROI~TS THIS FOURTH MODIFICATION Olr MORTGAGE is m~__,3e_ as of tim 4th gay of January. 2000, by and between NTC DEVELOPMENT, LTD., a l:loriga limited partnership. 2405 Piper Boulevard. Naples, Florida 34110 ("Mortgagor"), ~ad FIRST UNION NATIONAL BANK, a national ban~ng association, 5801 Pelican Bay Boulevard. Naples, Florida 34108 ("Mortgage~"). RECITALS: A. Pmmmm to a Dcvclopment and i~-volvin$ Construction Loan Agreement dated December 13, 1995 (thc "Loan Alta'cement"), Mortgagor gnmted to Mort~gec's predecessor in interest, ttm Fiz'~t Union National ~ of Florida, a Moctgage and Security Agreement and .~iDament of l~as~h R~nla azxl P~ofita dat*~i l~a~'~m~ 13, 1995, and rccordcd itt Official Records Book 2128, Page 1637, of the Public Rcco~ of Collier Coumy, Florida, aa subsequently modified (thc "Mortgage'), which encumbers thc r~l pr~pe~y described therein (~ -~-,~-ty~; and B. Tbs Mortgage s~cu~s, into' alia. that e.~rJin Consolidated Renewal Revolving Promiaaor~ Note in the original pfix~ipal amount of $6,000,000.00 dat~l aa of December 1 ~, 1997, ~ modified by insmanc~t dateal :~:pmmbet 2, 1998 (the "Consolidated l:Lenewal R~telving Note"); and C. Mortsallor has -equc~tod and Mortgagee has agreed to renew the Consolidated Renewal Rcvolving Note and to ammd certain provisions of the Loan Agr~'mcnt regarding thc r~l_~_~ of Property from the lien of thc Mortgage; and D. Thc l:m~es wi~ to mod~ the Moctgage to rcflect that tl~ Consolidated Renewal Revolving Note. ~ts r~newod, ¢ontinmm ~ ~ ~ by ~e Mo~gagc; to ~nfim ~nt a li~ ~[~t~ ~ ~ ~o~ ~t ~ly ~l~ ~ ~ Mo~gage, ~d to f~cr co~ TtOkT ¢;~.T&M II~'RUME~ R~OJ~D AT O~'IQM. Ilf~g~,O~ IlO0~ Z~'~, P,t,Aa ~ OJ~ THE pU~Jg REgORD$ OF COU'I~ C°U~* 01/15/01 MON 17:16 [TX/RX NO 78041 Jan-15-Z~01 05:16 From-THE FUND COLLIER BRANCH g41T?40063 T-041 P.003/005 F-O4g OR: 2631 ?G: 1357 creatcd by the Mortgage continues with respect to thc pe. rsonal property an~ lea~s, rents and profits respecting the Proreny d~-Tibed in the Mortgage; and The parties have entered into this modification to evidence thclr understanding. NOW, THEREFORE, for good and valuable consideration, the ~ta:ipt of which is he.by acknowledged, the parties agree as follows: Thc above recitals ate tree and correct. 2, The Consolidated P.~ncwal Revolving Note has be~n renewed by thai cetlai. Consolidated Renewal Revolving Note I1 issued by Mortgagor in favor of Mortgagee ("Consolidated R~newal Revolving Note II"). The face amount of the Consolidated Renewal Revolving Not~ 1! is equal to the face amount of Consolidated Renewal Revolving Nole, 3. The Mortgage be~tby secures the Consolid~_!ed Renewal Revolving Note il. A d¢fi~ult under ~a~ ConsolLd~!_..,~d Rc,~.wal R~'volving Nora 11 shall constitute a defauh under ',he Mortgage as modilied, entitling the Mortgagee to exercise any and all available remedies. Any reference to Note or Notes in th~ Mortgage sL~ll apply to the modified Consolidated Renewal R~volving Note H. 4. The Consoli&ued Renewal Revolving Note II is due and payable on demand. 5. Monies may be advanced, repaid and re-advanced :~.~4~ the Consolidate! Renewal Revolving Not~ II so that the cumulative amoum of all advances may exceed in ~e aggregate, although the principal balance out.standing thereunder shall never exceed, $6,000,000.00. 6. The lien of thc Mortgage continues upon those portions of the Property not previously rele. ued by the Mortgagee. From and after the execution of this Modification, the Mortgagee will release Ptopany f~m the li~n of the Mortgage in accordance with the modifi,:d Loan Agreement. 7. The security interest in IX~Onal property and the assignmcr, t of leases, tents and profits c~atexl by thc Mortgage co.',::,nues with respect to the pemonal property and leases, rents and profits respecting the Prop-sty d~'ribed in the Mortgage, as heretofore and as hereby modified, and confinucs to secure/he Consolidaicd Renewal Revolving Note I1. g. Mortgasot agrees that it has no claims, defe~ or setoffs against Mortgagee or lo or again_et enfomeme~t of any of tl~ Notes or the Mortgage. as modified, or if Mongagor docs have amy of same, all such claims, defenses and s~toffs ate hereby waivtd in consideration of Lhls 9. Excep~ as modified hereby, the Mortgage remains in full force and effect. 01/15/01 MON 17:16 [TX/RX NO 7804] From-THE FUND COLLIER BRANCH 9417740063 T-041 P. 004/005 F-049 OR: 2631 PG: 1358 I~T ~ ~01~, ~he l~ies l~ve set their h~Is and s~als ea of ~ da~e first nbovc written. Si~ned, Scelcd end l~livcred in ~hc prcsencc of: NTC DEVELOPMENT, LTD., a Floric~ limil~'d par~cr~p By: SW FLORIDA PAR17 .;.R.~ INC.., ,., Florida corporate ~ol¢ (~_.e~! Palmer, wire tml authorit7 on behalfof~h~ p. ,'mct~hip Rob,:n G. Cla~, ~ ~dem 01/15/01 }iON 17:16 [TX/RX NO 7804] Jan-l$-ZC.01 05:17 From-THE FUND COLLIER BRANCH g41T?40a$3 T-a41 P.ao$/oa5 p-o4g STATE OF FLORIDA cot~rv OF Co~Il STATE OF FL0)~DA ) COUNTY OF U,~)/~5 ) I HEREBY~CERTIFY ~ the fottgoing imu'um~nt was a~kn~wledged before me on this [O,~,.day of _~)du ~,,~,~ . 2000. by _~,,~nx~..~t~nn' a~-Vice President of FIRST UNION 'NATIONAL BANI~ a tuitional banking association, on behalf of said association, who as ide. ntifiemioo, 2)O~ed stampea~ Or Printed Name of Notary My Commission E. xplr~s: 01/15/01 M0N 17:18 [TX/RX NO 7804] THIS iNSTRUMENT PREPARED BY G. HELEN ATHAN, ESQ. GRANT, FP, JDK/N, PEARSON, ATHAN & CROWN, P.A. 5551 tKIDGEWOOD DRIVE, SUITE 50 I N.42LES, FLORIDA 34108 (941) 514-1000 RECORDED in OFFICIAL RECORDS of COLLIER CflUNTY, FL 05/25/200! a5 ii:07AM DWIGHT E. BROCK, CLERK OBLD 3000000,00 OBLt 3000000.00 ~OC-,35 10500,00 iNT-.002 6000.00 Retn: GARLICK STETLER ET AL ?ICK ~P FOR OFFICIAL USE ONLY FIFTH MODIFICATION OF MORTGAGE AND SECURITY AGREEMENT AND ASSIGNMENT OF LEASES, RENTS AND PROFITS AND NOTICE OF FUTURE ADVANCE THIS FIFTH MODIFICATION OF MORTGAGE is made as of the 3rd day of May, 2001, by and between NTC DEVELOPMENT, LTD., a Florida limited partnership, 2405 Piper Boulevard, Naples, Florida 341 t0 ("Mortgagor"), and FIRST UNION NATIONAL BANK, a national banking association, 5801 Pelican Bay Boulevard, Naples, Florida 34108 ("Mortgagee"). RECITALS: A. Pursuant to a Development and Revolving Construction Loan A~eement dated December 13, 1995 (the "Loan Agreement"), Mortgagor ~anted to Mortgagee's predecessor in interest, the First Union National Bank of Florida, a Mortgage and Security Agreement and Assignment of Leases, Rents and Profits dated December 13, 1995, and recorded at Official Records Book 2128, Page 1637, of the Public Records of Collier County, Florida, as subsequently modified (the "Mortgage"), which encumbers the real property described therein (the "Property"); and B. The Mortgage secures that certain Consolidated Renewal Revolving Promissory Note II in the original principal amount of $6,000,000.00 dated as of January 4, 2000 (the "Consolidated Renewal Revolving Note"); and C. Mortgagor has requested and Mortgagee has agreed to make a future advance under the Mortgage. The parties wish to modify the Mortgage to give notice of said future advance and to secure same by the Mortgage; to confirm that a lien continues upon that Property not previously released from the Mortgage, and to further confirm that the security interest in personal property and the assignment of leases, rents and profits created by the Mortgage continues with respect to the personal property and leases, rents and profits respecting the Property described in the Mortgage; and DOCUMENTARY STAMP TAXES IN THE AMOUNT OF $38,850.00 AND INTANGIBLE TAXES IN THE AMOUNT OF $22,200.0D WERE PAID AT THE TIME OF RECORDATION OF THE MORTGAGE AT OFFICIAL RECORDS BOOK 2128, PAGE 1637, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DOCUMENTARY STAMP TAXES IN THE AMOUNT OF $7,000.00 AND INTANGIBLE TAXES IN THE AMOUNT OF $4,000.00 WITH RESPECT TO THOSE AMOUNTS ADVANCED PURSUANT TO THE CONSOLIDATED RENEWAL REVOLVING NOTE WERE PAID AT THE RECORDATION OF THAT CERTAIN INSTRUMENT RECORDED AT OFFICIAL RECORDS BOOK 2375, PAGE 2385 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DOCUMENTARY STAMP AND INTANGIBLE TAXES ON THE FUTURE ADVANCE NOTE ARE BEING PAID UPON THE RECORDATION HEREOF. NO OTHER DOCUMENTARY STAMP OR INTANGIBLE TAXES ARE DUE AT THIS TIME. OR: 283! PG: 2405 E. The parties have entered into this modification to evidence their understanding. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct. 2. Notice is hereby given pursuant to Paragraph 1.17 of the Mortgage that a future advance in the amount of $3,000,000.00 is being made to the Mortgagor by the Mortgagee. Such future advance is evidenced by a Revolving Promissory, Note ("Future Advance Note") of even date herewith in the principal amount of $3,000,000.00 executed by Mortgagor in favor of Mortgagee. 3. The Future Advance Note is due and payable on demand. The Future Advance Note has been consolidated with the Consolidated Renewal Revolving Note by that certain Consolidated Renewal Revolving Note III ("Consolidated Note III") issued by the Mortgagor in favor of the Mortgagee which note is in the original principal amount of $9,000,000.00. Amounts outstanding and available to be advanced under Consolidated Note III are equal to the combined amounts outstanding and available to be advanced under the Consolidated Renewal Revolving Note and the Future Advance Note, which is $9,000,000.00. 4. The Mortgage hereby secures the Future Advance Note and the Consol/dated Note III. A default under the Consolidated Note III or the Future Advance Note shall constitute a default under the Mortgage as modified, entitling the Mortgagee to exercise any and all available remedies. Any reference to Note or Notes in the Mortgage shall apply to the modified Consolidated Note IV and the Future Advance Note. 5. The Consolidated Note III is due and payable on demand. 6. Monies may be advanced, repaid and re-advanced under the Consolidated Note III so that the cumulative amount of all advances may exceed in the aggregate, although the principai balance outstanding thereunder shall never exceed, $9,000,000.00. 7. The lien of the Mortgage continues upon those portions of the Property not previously released by the Mortgagee. 8. The security interest in personal property and the assignment of leases, rents and profits created by the Mortgage continues with respect to the personal property, and leases, rents and profits respecting the Property described in the Mortgage, as heretofore and as hereby modified, and continues to secure the Consolidated Note III. The parties further agree that all of the documents evidencing and securing any of the loans evidenced by the notes secured by the Mortgage as modified hereby secure Consolidated Note III. 9. Mortgagor a~ees that it has no claims, defenses, or setoffs against Mortgagee or to or against enforcement of any of the Notes or the Mortgage, as modified, or if Mortgagor does OR: 2831 PG: 2406 have any of same, all such claims, defenses and setoffs are hereby waived in consideration of this modification. 10. The parties agree that that certain Consolidated Renewal Note in the original amount of $12,246,050.03 as described in that certain Second Modification of Mortgage and Security Agreement, Assignment of Leases and Rents and Notice of Future Advance recorded at Official Records Book 2375, Page 2385 of the Public Records of Collier County, Florida has been paid off and cancelled. Nothing herein shall be deemed to satisl~' or cancel the Mortgage as modified. 11. Except as modified hereby, the Mortgage remains in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first above written. Signed, Sealed and Delivered in the presence of: NTC DEVELOPMENT, LTD., a Florida limited partnership Printed Name of Witness f~l ., Printed Name of Witness #2 By: SW FLORIDA PARTNERS, INC., a Florida corporation, as sole General Partner, with full authority. on behalf of the partnership By: :6- .:t-,,L~t_4 Robert G. Claussen, as President Printed Name of ~'tness #1 WitneSs ~ ~ Printed Name of Witness ~2 FIRST UNION NATIONAL BANK, a national banking association PRINTED/TYPED NAME: rzzLz: Vice ?resident (Corporate Seal) OR: 2831 PG: 2407 STATE OF FLORIDA ) COUNTY OF COLLIER ) I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this 3rd da>, of May, 2001, by ~0~::¢¢'~G. ~,~ as P~PS, .~',,.~ ~ of SW Florida Pa~ners, Inc., a Florida co~oration, as sole general pa~ner of NTC Development,~Ltd" a Florida limited pa~ners~p, on behalf of said pa~nership, who is personally ~own to me ~yes) (no) who produced as identification. Typed, stamped, or Printed Name My Commission Expires: ,~[~.~'"~"~ MY COMMISSION ,~ CC ~dS~)g! 1~ '~ ~.}~.',{~16,~$ BonaeciTnruNer"~'YPu~l~Cdnderw~ers ~[ STATE OF FLORIDA ) COUNTY OF _Ceg.~,I:IER ) L.',~.~4 ,'~ ~' I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this 3rd day of May, 2001, by / '~:!<, ;'f. S'.x:}s- Tas Vice President of FIRST UNION,NATIONAL t3j~¢l,~. K~,.il.a national banking association, on behalf of said association, who is personally known to p2e (yes)(no) OR who produced as identification. / Brotary Public - State of Flor2Kla Typed, stamped, or Printed Name of Notary My Commission Expires: F:kDATA\WD_R.EAL~a:UNB\NTCDEV LN\4th Modification of Mortgage.doc 4 2 1 ~. 5 0 IMPORTANT: Read Instructions on back before filling out form. ~le Form UCC-I STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM UCC-I (REV. 1993) 2450 PiPer Blvd. ' N~.]~les, FL z .~kno~g'O~i~ ~'rri~' {4s4,~ Cl.a~ )4&,V,4'n~ }~ nh ~Md,~O .......... ~~'~{~~ First Unic~ Nat~.'c~al.Bank .of Flori~, N.A. ...... ...... ..... ; It Din ol Bi,Itt o~ FEW I ~.~ ~ ~ ~ ~3_3942 { ~2~,Cod4 ........ 33942 All that certain perscrzl property described c~ the attached Exhibit A which is locate~_ <an that certain r~al pr6pezty described on the attached Exhibit B. miIi o~ clmd~iei"m kN:i~o~ ci~J~g~d Io Iti~ ~ltt SEE ATAri{ED SI~qATURE PAGE This ~ fo~ U~ ol RIIng Officer. 2003920 OR: 2128 PG: 1662 !~: ]t~] ~I1~ ~! Jill SEE A%?ACHED SI~NAT'JRE PAGE ~r~.~.---~ m-: ........ Robd_n C. ~s, Esq. Gr~nt, Fridk/n & Pearson, P.A. 5551 Ridge~Dcd Drive, Ste. 501 Naples, FL 33963 FILINC OFFICER COPY STANDARD FORM - FORM UCC-1 t -- I I I I I -~--- SECURED PARTY: FIRST UNION NATIONAL BANK OF FLORIDA. a national banking association ller, as Vic~ President NTC DEVELOPMENT, LTD., a Florida limited parmership By: By: SW Florida Partn~.~, a Florida g~a~ral partnca'~fip, its sole g~mcral ~ with full authority to act on its behalf ~uss~n, as Managing General Parmer with full authority to act on its behalf OR: 2128 ~: 1663 _. i II I II III OR: 2128 PG: 1664 All buildings and improvements of every kind and description now or hereafter erected or placed on the real property legally described in Exhibit B hereto and owned by the Debtor (the "Premises") and all materials intended for construction, reconstruction, rehabilitation, alteration and repairs of such improvements now or hereafter erected thereon, all of' which materials shall be deemed to be included within the Premises immediately upon the delivery thereof' to the Premises. and all fixtures, goods and articles of personal property now or hereafter owned by Debtors and attached to or fo.-ming a part of or used in connection with the Premises or the operation and convenience of any building or buildings and improvements located thereon, including, but without limitation, all furniture, furnishings, equipment, apparatus, machinery, motors, elevators, fittings, screens, awnings, partitions, and convenience of the Premises, and all plumbing, electrical, heating, lighting, ventilating, refrigerating, incineration, air-conditioning, and sprinkler equipment, systems, fixtures, and conduits (including, but not limited to, all fi.u'naces, boilers, hot-and-cold water equipment and system), and all renewals or replacements thereof or articles in substitution therefor, in all cases whether or not the same are or shall be attached to thc Premises in any manncr. All right, title, estate, and interest of thc Debtors in and to the Premises, properly, improvements, furniture, furnishing, apparatus, and fixtures hereby conveyed, assigned, pledged, and hypothecated, or intended so to be. All accounts receivable, rents, issues, profits, royalties, income, and other benefits derived from the real estate. All leaschold estate, right, title and interest of' Debtors in and to all leases or subleases coveting t~hc Premises or an>' portion thereof, nog' or hereafter existing or entered into, and all right. limitation, all cash or security deposits, advance rentals, and deposits or payments of similar Iln~UFC. All awards and othcr compensation heretofore or hereafter to be made to the present and all s~:bsequent owners of the Premises for any taking by eminent domain, either permanent or temporary, of all or any p.'u-t of the Premises or any easement or ap.',urtenance thereof, including severance and consequential damage and change in grade of streets. Alt insurance proceeds as a result of damage or destruction to the Premises. All acceunts, general intangibles, contract rights, chattel paper, deposit accounts, money, documents, encumbrances and instruments, now or hereafter owned by Debtor and related to, used in connection with or arising out of' the premises or any improvements located thereon. All proceeds of, the foregoing and all substitutions, replacements and accessions thereto. The security interest herein is limited to such of'the foregoing as is owned by Debtors. LCCEXIIIH OR: 2128 PG: 1665 EXHIBIT ~ - LEGAL DESCRIPTION All that part of th9 west 1/2 of Section 19, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows: -- BEGINNING at the southwest corner of said Section 19; thence along the west line of said Section Xg, North 1'-07'-34se West. 100.00 feet to the north line of an easement for drainage purposes as described in Deed Book 44 at page 78, Collier County Public Records, Collier County, Florida said point also being the southwest corner of that parcel as described in O. R. Book 767, pages 1508 and 1509 and O.R. Book 768, pages 828 and 829 Collier County Public Records, Collier County, Florida; thence along the boundary of that land as described in said O.R. Book 767, pages 1508 and 1509 and O.R. Book 768, pages 828 and 829, Collier County Public Records, Collier County, Florida the following described nine (9) courses; 1) North 89'-09'-48" East 50.00 feet; 2) North 1'-07'-34" West 549.50 feet; 3) North 88'-52'-26" East 30.00 feet; 4) North 1'-07'-34" West 2017.43 feet; 5) North 0'-58'-48" West 582.54 feet; 6) North 89'-01'-12'D East 360.00 feet; 7) North 0'-58'-%8" West 800.00 feet; 8) South 89'-01'-12" West 400.00 feet; 9) North 0'-58'-48" West 1280.00 feet to a point on the north line of said Section 19, which lies North 89'-20'-08" East 40.00 feet from the northwest corner of said Section 19; thenc~ along the north line of said Section 19, North 89"-20'08" East 2592.26 feet to the North 1/4 corner of said Section 19; thence along the north and south 1/4 section line of said Section 19 South 1'-08'-21" East 1716.05 feet; thence leaving said line, South 89'-09'-48" West 750.00 feet; thence South 1'-08'-21" East 3605.71 feet to the south line of said Section 19 and the south line of that drainage easement described in said Deed Book 44, page 78; thence along said line, South 89'-09'-48" West 1890.2x feet to the southwest corner of said Eection 19 and the Point of Beginning of the parcel herein described; COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION March 7, 2002 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 James Cart Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail N., #200 Naples, FL 34108 Re: Spoonbill Cove ~ Carlton Lakes Dear Mr. Carr: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities approved, accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your responsib'flity to petition the Development Services Director for final approval of the improvements upon the expiration of the minimum one (1) year maintenance period. After satisfactory completion of all final inspections., the Board of County Commissioners shall grant final approval of the required improvements establishing County responsibility for maintenance of the required improvements if it is the Board's desire to accept and maintain the facilities. If you should have any questions or if we may be of assistance, please advise. Very truly yours, Shirley Nix Engineering Technician II CC: Joe Cheatham, Wastewater Director Paul Mattausch, Water Director A1 VanderMaulen, Wastewater Jacquelyn Johnson, Public Works Jennifer Cartillo, PMS PHONE (941) 659-5744 FAX (941) 643~6968 www. co.collier, fl.u~ Pay to the order of F~Y ~tn:egrated Payment S stems Inc nl .DRAWER: FIRST UNION NATIONAL 'BANK ~,°,000 ;l,F=O N 3[, ;i, i, ?"' Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 'TranSNumber '- ! Date 3/7/2002 11:46:53 AM ost Date 1 Payment Slip Nbr /7/200~ ............ /~ 95972 ' NTC DEVELOPMENT SPOONBILL COVE @ CARLTON LAKES Payor · N T C Fee Information Fee Code ] Description GL Account 12BOND~ DEPOSITS-COMM DEV (CASH BOND/67000000022011300000 Total Amount $8107.45 $8107.45 P_ayment Code CHECK Memo: Payments Account/Check Number 16043411 Total Cash Total Non-Cash Total Paid Amount $8107.45 $o.o0 $8107.45 $8107.45 Cashier/location: GARRETT S / 1 User: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:3/7/2002 11:47:18 AM ENGINEER'S FINAL PAYMENT CONFIRMATION The undersigned engineer of record of the project known as Spoonbill Cove at Carlton Lakes hereby confirms that the firm of Agnoli, Barber & Brundage, Inc. has been paid in full by NTC Development Limited for labor, services or materials furnished in the design, permitting, and construction of the water and sewer utility facilities within this project. This confirmation of payment is not a release for any future right to claim a lien for work performed in connection with the property. STATE OF FLORIDA COUNTY OF COLLIER James A. Cart, P.E. Printed Name On this personally and acknowledged that he executed the same. day of October, 2001, personally appeared James A. Cart., whom I know IIIBIEL~N~J.~ IBIBIh"I"~ ilIIIIB'~ .... mmmlmgb'l"~ mmmmmmml-~ ~ PRESSURE TEST REPORT PROJECT DATE WITNESSED BY Roger Sandrus Spoonbill Cove ~ Carlton Lakes 9/05/01 6696-3MI/X002 TYPE OF LINE: FORCEMAIN X POTABLE IRRIGATION FIRE DIAMETER 8 INCHES, D LENGTH 590 FEET, S TEST PRESSURE 150 PSI TEST: START 169 PSI ~ 9:00 a.m. STOP 169 PSI~ ll:00a.m. AMOUNT USED 0 GAL AVERAGE PSI 169 L = 590 X 8 X 13.0 + 133200 = 0.46 GPH ALLOWABLE LEAKAGE: L = SD>P/133,200 GAL/HR = 0.46 GAL/HR X2= 0.92 GAL/2HR PASSED Yes 05/09/2002 02:33 4359082 PH$,INC OF NAPLES ~AGE 02 Environmental Protection. ~oud~ Di~Hct Dtvld B. Scrubs D~embcr I2, 2001 Robert G. Claussen, MoAng~g Palmer ~FG Develop~em, L~'ni~ed 5025 Carlton Lakes ]3ouleva~ Naples, FL 34110 Dear Mr, Chuss~n: This acknowledges recgipt of e.~Ttific~tion that the subject water distributio~ system ~xtension has been completed in accorchnee with the plans and related materials permitted by fids agency under Permit l~lumber 1600~,~.002=1~GP dated Inly 23, 2001. l~scd on this c.~6c~iion ~md SMisf~ory bacteriological msul~s, ~ arc lq~proving these fa¢ilitirs ~or service. Your confirmed coope~tion itl our wster supply pro,ram is appreciated. Sincerely, O. James Oni Professional F. ngincc:r Watc-r Facilities James A. Cai'r, P.E. Thomas E. Kuck, P.E. Less Process" Florida Department of Environmental Protection Twin Towers Office Bldg., 2600 Blair Stone Road, Tallahassee, Florid~.,~5,~9-~, ~. DOMESTIC WASTEWATER COLLECTION/TRANSMISSION SYSTEMS CERTIFICATION OF COMPLETION OF CONSTRUCTION INSTRUCTIONS: This form is to be completed and submitted to the Department, prior to placing the system into operation. A collection/transmission system should not be placed into operation without prior Department approval. All information is to be typed or printed in ink and all blanks must be filled. Construction Permit No: 50581-282-DWC Name of Project: SPOONBILL COVE AT CARLTON LAKES Dated 09/11/01 Name of Owner: NTC DEVELOPMENT LIMITED Name of design engineer and Florida registration number (if different from engineer signing certification): SAME Date(s) connection to existing system or treaunent plant: Treatment plant serving project Name: NORTH COUNTY REGIONAL WATER RECLAMATION FACILITY County: COLLIER City: N/A DEP Identification Number (also known as WAFR or GMS Identification Number): FLA014139 Substantial deviations from the approved plans and specifications (attach additional sheets if required): NONE r~......~..,~,.~ nf r=-n¥1ronmental Prot .,ection ~.,,~,~.~ ,. ........ ,- --- W~_st~wnter Collection/Transmission System Certification of Core,etlon DEP Form 62-604.300(7)(b) Effective Jun~ 1, 1992 Page 1 of 3 South Oistrici: WAIVER OF LIEN KNOW ALL MEN BY THESE PRESENTS, that Timothy C. Mitchell, Sr., as President, of Haleakala Construction, lnc. for and in consideration of EIGHTYONE THOUSAND SEVENTYFOUR DOLLARS and F1FTY CENTS ( $ 81,074.50 ) and other good and valuable considerations, lawful money of the United States of Ameriea, to me in hand paid, the reciept whereof is hereby acknowledged, does hereby waive, release, remiss, and relinquish any and all right to claim any lien or liens for work performed or material furnished, or any kind or class of lein whatsoever on the following described property: ( Please provide full name and location of development and a description of the utility system conslmcted ) All the Potable Water and Sanitary Sewer system for Carlton Lakes Tract A Spoonbill Cove as depicted on the construction drawings prepared by Agnoli Barber and Brundage Engineers. Haleakala Construction, Inc. 5758 Taylor Road /Timot~. Mitchell, Sr., President STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS: The foregoing instrument was signed and acknowledged before me this 30 th day of July, 2001 by Timothy C. Mitchell, Sr, who is personally known to me and who did not take an oath. CC 732239 7/1/96 11-3 CERTIFICATION OF CONTRIBUTORY ASSETS PROJECT NAME LOCATION: CARLTON LAKES - TRACT A - SPOONBILL COVE CARLTON LAKES SUBDMSION NAME AND ADDRESS OF OWNER: NTC DEVELOPMENT 2405 PIPER BLVD. NAPLES, FLORIDA 34110 TYPE UTILITY SYSTEM: POTABLE WATER SYSTEM DESCRIPTION AND COST OF MATERIAL. LABOR. AND SERVICES Please list each element of the system, e.g., pipe, manholes, lift stations, meters, valves, fittings, ect. .......... p_OTABLE W~ATER ..... REMOVE EXIST HYDRANT & CONNECT 8" PVC DR.-_I.4~ WA~TER 8" GATE VALVE 1 EA ~ $1,000.00 $1,000.00 610 L~ $13.90 *8,479.00 ..... FIRE HYDRANT 3 - 6" BFP ASSEMBLY W/CONNECTIONS 1 1/2" WATER SERVICE 13 g~--[~ $47~ ..... i<ll0.00_ ~-' ~~'~--Sub~ot~ai-) f- .-..._~'~---~ ~ ~ .--Z }~ . ~'~ ~}~$52,28~00. (If more space is required, use additional page(s). Number each page and include the name of the project. 7/1/96 11-5 CERTIFICATION OF CONTRIBUTORY ASSETS PROJECT NAME LOCATION: CARLTON LAKES - TRACT A - SPOONBILL COVE CARLTON LAKES SUBDIVISION NAME AND ADDRESS OF OWNER: NTC DEVELOPMENT 2405 PIPER BLVD. NAPLES, FLORIDA 34110 TYPE UTILITY SYSTEM: SANITARY SEWER SYSTEM DESCRIFYION AND COST OF MATERIAL. LABOR. AND SERVICES SANITARY SEWER '~ONNECT TO EXIST 8" SEWER 1 8"PVC SDR-26 SEWER 6-8' CUT 578 ~'DIA MANHOLE 6-8' CUT (PRIVATE) 2 4'DIA MANHOLE g-10'CUT (PRIVATE) "PVC LATERAL 305 .INGLE 6" CLEAN-OUT 5 DOUBLE 6" CLEAN-OUT 4 T.V. VIDEO SEWER i Sub Total ' E~ $i;~o035 $1,~oo.oo EA .i.] ~,800.0~ $3,6001~0 ~~--$225.04 ....... ~bO~ ..... Sz8,785.5o (If more space is required, use additional page(s). Number each page and include the name of the project. 7/1/96 11 -5 IIIIII1~ ~ III I I F.i.~ffJXX~I~ J~ ~ & IIIIIIk'T~ IIIIIII1'~ E~..~""""P~RUNDAG~ October 9, 2001 Collier County Board of Commissioners 3301 Tamiami Trail East Naples, FL 34112 Re: Spoonbill Cove at Carlton Lakes Honorable Commissioners: The purpose of this letter is to certify that to the best of my knowledge, information and belief and in accordance with commonly accepted procedures consistent with applicable standards of practice, the water facilities to be dedicated at the above-referenced project have been constructed within easement granted by the enclosed Utility Easement document. This is not a guaranty or warranty, either expressed or implied. Sincerely, James A. Cart, P.E. JAC~am 10-222j I .cert WARRANTY The undersigned parties do hereby warrant and/or guaranty all work executed by the contractor on the water and/or sewer systems of CARLTON LAKES - TRACT A - SPOONBILL COVE to be free from defects in material and workmanship for a period of at least one ( 1 ) year from the date of acceptance by the Collier County Board of County Commissioners. The undersigned parties further agree that they will, at their own expense, repair and replace all such defective work and all other work damaged by said defective work under this Warranty - Guaranty. It is furthermore understood that the consideration for the giving of this Warranty and/or Guaranty is the requirement by the General Conditions and Specifications under which the contract was let that such Warranty and/or Guaranty would be given. Haleakala Construction. Inc. ~'Timoa~C. Mitchell, Sr., President STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS: The foregoing instrument was signed and acknowledged before me this 30 th day of July, 2001 by Timothy C. Mitchell, Sr, who is personally known to me and who did not take an oath. Brenda K Merchant CC 732239 II ,,..~'.;y'% BRENDA K. MERCHANT !1~.~.~,~ ~ EXPIRES August 9, 2002 Bonded~hruNotaryPubl,tcUnd,ei'write? ( Notary Seal ) 7/1/96 11-2 ADC NO. FiLE Invoice: No. DOR1688 Date: SEPTEMBER 12, 2001 Applic PO No.: TO: Department: Special Assessments Phone: 403- 2365 DUE AND PAYABLE UPON RECEIPT [BOARD DEPARTMENTS ONLY ~ CHARGES EXPENSED UPON RECEIPT OF YELLOW COPY IN FINANCE] CARLTON LAKES TRACT A UNIT 3 ',~ DESCRIPTION AMOUNT 8/17/01 NO SHOW 1/2 HR +BACT Work Order #039268/039009 Labor: 3hrs. @ 15.00 per hour 45.00 Equipment: 3hrs. @ 12.00 per hour 36.00 Admin Cost 16.65 materials INVOICE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX Rj~~LORIDA 34112 HALLEAKALACONSTRUCTION SEP Z 4 2001 HALEAY ~,LA CONSTRUCTION, iNC. 5758 TAYLOR ROAD NAPLES, FL 34109-1856 Lab analysis gallons water used 12,000 SE P '1 ? 21101 F~ALEAKALA TOTAL AMOUNT 30.00 30.65 $158.30 408/2532121343330/00000 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 289243 Date 0912412001 1:40:47 PM Post Date 09/24/2001 Payment Slip Nbr UT 89863 HALEAKALA CONSTRUCTION, INC CARLTON LAKES TRACT A UNIT 3 Payor · HALEAKALA Fee Information Fee Code Description 42CYIN COUNTY INVOICES GL Account 40800000011510000000 Total Amount Waived $158.3O $158.30 Payments Payment Code Account/Check Number Amount CHECK 0298055 $158.30 Total Cash $0.00t Total Non-Cash $158.30 Total Paid [ $158.301 Memo: DOR1688 for $158.30. Work Order ~039268/039009 8/17/01 no show 1/2 hr +bact CHECK #029055 FOR $158.30 Cashier/location: SHOCKLEY_A / 3 User: AVILES_L Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed: 11/15/2001 2:12:08 PM FiRE PREVENTION BUREAU 885 Veterans Park Drive * Naples, Floricta 34110 (239) 597~9227 * Fax (239) 597-3522 March 5, 2002 PMS 2335 9th St. N., Suite #408 Naples, FL 34103 Re: Hydrant Acceptance ~ Spoonbill Cove (Carlton Lakes) 5615,5625,5650 North Boro Dr. Fax: (941) 435-9082 Dear Sir or Madam: The NortI~ Naples Fire Control and Rescue District has inspected the above hydrant(s)for ownership and maintenance. We have received payment for the above hydrant(s) and now accept ownership and maintenance. $125.00 per hydrant times number of hydrants 3= $ 375.00 $ 50.00 per thrust block times number of hydrants 3 = $ 150.00 One Flow Charge at time of acceptance of $35.00 = $ 35.00 Total: $ 560.00 (paid//5396) Following are the results of the flow test: Static: 70 Resid: 46 Flow: 750 Pitot: 20 If you have any questions, ple.ase do not hesitate to give me a call at 597-9227. Sincerely, Fire Prevention Bureau KKR/dw ~0 BD~d A£ISBgBD ~g6L~G§ L0:TT ~00~/L0/£0 WEP--04--O 1 Hydrant Restraint Inspection Report For All Fire Districts ......... ........... Complex/Subdivision/Communily ~ ~ i :~PS:_. .~..~_~.~. All Fire Districts have a requirement kp v~sua!ly ~ook a~ all reslrainls for fire hydrants. Please fill in the appropriale information and then follow lhe~ steps. 1. You will need a plot plan ~o show tl~e ~ocation of d~e hydrants along with lhe main size. Please label them with a numerical designator lo match what is on lhis sheet. (Can be a hand drawn 8 x 1 1.5 drawing wilh locations 2. Please lax a copy of these forms to your engineer of record. (Responsibility of U/G contractor.) Date: Number 2, 3. 7. 10. 11. 12. 13. Street GP$ GP5 N W (GPS if available' C~ Haleakala C.o~tr~ctionl Inc. ' T~ ~ ~u~ Mid - West - ' ~u~ ~ N~ 2~578 ~~ ~ ~ v~ c~cx v~ ~ ~'~ . ~o.~,~, ~.~o,~, - .~ ~ cnc~ ~ g pc~ure~ ~ ~'~ PSZ ' ' [ ] ~c~ o~ ' ' ' -- ~ · . U--~ly ' ~ ' ~V '~ [ - m '~ ~' ~ [ '. -'- -~*' - _~1 ~ ~I I hereby, ceed~/that fi'da data ia acu'u~te and teflect~ the propce opetadon aaa maiutenm~ or' d~e uaembl7. I hereby c~-g~ dm~ d~is dsm is sc:~,m~ fl~s ~he p~r oper~n ~ mslatemmce of the sssgmbl~ GRAVITY SEWER INFILTRATION TEST REPORT PROJECT WITNESSED BY Spoonbill Cove ~ Carlton Lakes Roger Sandrus 6696-MI/X002 DATE 10/31/01 - 11/1/01 PROCEDURE: TIME DATE MEASUREMENT 10 AM 10/31/01 107.5" MEASUREMENT 12 NOON 11/1/01 107.5" INFILTRATION 0 GPD VERTICAL DISTANCE LID TO WATER ALLOWABLE LEAKAGE: SEWER SIZE 8 INCHES, D TOTAL LENGTH 571 FT/5280= 0.11 MI,L ALLOWABLE LEAKAGE 50 GPD//MI/INCH DIA AL = (50XDXL}= 44 GPD PASSED YES 94199?6645 ~INTS&COATINGS 558 P02 SEP 05 '01 10:58 Firtesr irt W~rewar. er Structure Reb. abiLirariort!" ~ Tn Whom It ~ny Concern: inside, with ~he~Jn Pres/dent..' / / / 4401 COLLIER COUNTY UTILITIES WASTEWATER DEPARTMENT PROJECT VIDEO REVIEW DATE OF REVIEW: 10/23/2001 PROJECT NAME: Spoon Bill Cove (~ Carlton Lakes (Private) North ENGINEER OF RECORD: CONSTRUCTION CONTRACTOR: VIDEO CONTRACTOR: Sewer Viewer COMMENTS: Lines and Services are acceptable. EECEIvcD RECOMMENDATIONS: ACCEPTABLE: REVIEW NUMBERED COMMENTS IN ONE YEAR: NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE): OTHER RECOMMENDATIONS: Signatur~~'~'~'- Marlo Garcia COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION February26,2002 ENGINEERING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 James Carr Agnoli, Barber & Bmndage, Inc. 7400 Tamiami Trail N., #200 Naples, FL 34108 RE: Spoonbill Cove ~ Carlton Lakes, Water and Sewer Dear Mr. Carr: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on February 26, 2002. Conditions were found to be acceptable, and appear to meet County standards. If you have any questions, please do not hesitate to call Randy Casey at (941) 403-2418. Sincerely Randy Casey Engineering Inspector CC: Jacquelyn Johnson, Public Works Joe Cheatham, Wastewater Director, Utilities Al VanderMaulen, Wastewater Paul Mattausch, Water Director, Utilities Diane Deoss, D.O.R. Billing Supervisor Don Nobles, Engineering Inspections Supervisor Randy Casey, Engineering Inspector Shirley Nix, Engineering Tec~ II, Engineering Review Section File FAX (941) 643-6968 www. co.collier, fl.u:~ PHONE (941) 659-5744 ~3~"~ C.U.-------~. (5z¢6 SF2~z) ~ 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. ~ ] ~ 5. BEARINGS ARE BASED ON THE EASTERLY LINE OF TRACT "A" ~ / 1~ CARLTON LAKES UNIT NO. 5 PLAT BOOK 56 ~~ x X ~X CARLTON LAKES UN/T NO. 2 ~ 'X ~ '~ (PLAT BOOK 50, PACE 52-58) E · , N · **NOT A SURVEY*** xxx project' ro~: NTC DEVELOPMENT INC. CARLTON LAKES UNIT NO. 5 TRACT "A" t~tle: 3~ETCH AND DESCRIPTION OF A COUNTY UTILITY EASEMENT (C.U.E.) ~ date: aced: IIII~GNOLI Certificate of Authorization Nos. LB 3664 and EB 3664 mmmmm~ARBER & scele: Professional engineers, planners, & land surveyors projec~ sheet Collier County: Suite 200, 7400 Tamiami Trail, North; Naples, FL 34108 (941)597-3111 Lee County: Suite ~01, 1625 Hendry Street, Fort Myers, FL 33901 (941)337-3111 ~ ~ Of 2 LEGAL DESCRIPTION A COUNTY UTILITY EASEMENT (C.U.E.) LYING IN TRACT '~A". CARLTON LAKES UNIT NO. 3 ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 34, PAGES 66-73 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED TRACT "A"' THENCE NORTH 19°52'19'' WEST ALONG THE EASTERLY LINE OF SAID TRACT "A" A DISTANCE OF 153.29 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 600.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 04%5'47" AN ARC DISTANCE OF 48.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED: THENCE LEAVING SAID EASTERLY LINE SOUTH 80°59'31" WEST A DISTANCE OF 20.01 FEET: THENCE NORTH 07029. 13" WEST A DISTANCE OF 30.00 FEET; THENCE NORTH 80°59'31" EAST A DISTANCE OF 16.68 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EASTERLY LINE OF TRACT "A' AND THE ARC OF A NON- TANGENT CURVE CONCAVE EASTERLY AND WHOSE RADIUS POINT BEARS NORTH 77035'57.. EAST A DlSTANCE OF 600.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAiD NON-TANGENT CURVE AND ALONG SAID EASTERLY LINE THROUGH A CENTRAL ANGLE OF 02052'29.. AN ARC DISTANCE OF 30.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 546 SQUARE FEET OF LAND, MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. AGtqOLI, BARBER AND BRUNDAGE, 1NC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. GE~O~GE W. HA{~KIx~EY P.S.M. 5606 REF. ABB DWG #g]02-SD! Page 2 of 2