Utilities Easement Subordinationr
norm 4 - Rev. 2004 (Utilities Facilities and /or Utilities Easement(s) Subordination)
INSTR 4697310 OR 4799 PG 3066
RECORDED 5/23/2012 1:03 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18.50
UTILITY FACILITIES AND /OR UTILITIES EASEMENT(S) SUBORDINATION
THIS SUBORDINATION is dated this 20 - day of March, 2012, by BANK OF AMERICA, N.A., as
Agent (hereinafter referred to as the "Secured Party "), in favor of the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER
COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"),
Secured Party as used herein includes singular or plural, as the context allows.
WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's Security Interests
that encumber good, marketable title to the Encumbered Utility Facilities and/or the related Utility
Easement(s) being conveyed to Collier County, which Utility Facilities are located over, on and/or under
the underlying real property that is encumbered by security interests in favor of the Secured Party as
specified in the below - listed security instruments; and
WHEREAS, the Secured Party is the owner and holder of an Amended and Restated Real Estate
Mortgage, Assignment and Security Agreement (and Notice of Future Advance) to Florida Residential
Funding, LLC, dated June 29, 2011, and recorded at O.R. Book 4697, Page 1382, as assigned to Secured
Party, as Agent, by that certain Assignment of Mortgage and Other Loan Documents, dated as of June 29,
2011, and recorded at O.R. Book 4697, Page 1404, and as modified by that certain Mortgage
Modification Agreement and Notice of Future Advance, dated November 18, 2011, and recorded at O.R.
Book 4739, Page 2236, all of the Public Records of Collier County; and
WHEREAS, the Secured Party is also the owner and holder of a UCC -1, recorded at O.R. Book 4697,
Page 1407, Public Records of Collier County; and
WHEREAS, the Secured Party is also the owner and holder of a UCC -1 filed with Florida Secured
Transaction Registry on July 7, 2011 under Document Number 201104912382; and
WHEREAS, each above - referenced Security Instrument grants to this Secured Party a security interest
that encumbers good and marketable title to the Encumbered Utility Facilities being conveyed to Collier
County, and /or encumbers the related Utility Easement(s), if any, also being conveyed to Collier County,
which Utility Facilities have been constructed within such easement(s) and are under, on and/or over the
underlying real property; and
WHEREAS, prerequisite to the conveyance of the Utility Facilities and/or related Utility Easements, if
any, being conveyed to the County, Collier County requires that this Secured Party must subordinate only
its Security Interests in (i) the Encumbered Utility Facilities being conveyed to the County and (ii) each
related Utility Easement(s), if any, being conveyed to the County; and the Secured Party is hereby
complying with said request for these subordination(s).
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Parry
hereby subordinates its security interests in the Encumbered Utility Facilities being conveyed to Collier
County, and/or to each Utility Easement(s), if any, being conveyed to the County, which encumbered
Utility Facilities are located over, on and/under the described underlying real property. Except as
expressly subordinated herein, the Secured interests of the Secured Party remain in full force and effect.
IN WITNESS WHEREOF, the Secured Party has caused this Subordination to be executed the date and
year first above written.
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Witness - SIgii6ture
Witness - Printed Name
STATE OF FLORIDA
COUNTY OF BROWARD
BANK OF AMERICA, N.A., a ational banking
association, as
By:
William Campano, or Vice President
The foregoing instrument was acknowledged before me this .30� day of March, 2012, by William
Campano, as Senior Vice President of Bank of America, N.A., a national banking association, on behalf
of the Bank, as Agent. Personally known L/ or produced identification . Type of
identification produced:
(Affix no
�11I 4ii
MY COMMISS� N613
EXPIRES: June 27, 2012
Prepared by:
G.L. Homes
1600 Sawgrass Corporate Parkway, Suite 400
Sunrise, Florida 33323
Attn: Steven M. Hclfman, Esq.
No-fdry Pu is
My Commission Expires: GI Z3 (12
Notary Printed Name
ANOM its to form & legal SuffitIONy
Assistant County Attorney
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