North Collier Industrial CenterMEMORANDUM
DATE:
TO:
FROM:
RE:
February 10, 2000
Maureen Kenyon, Supervisor, Clerk to Board
Shirley Nix, Engineering Technician II ~
Project Plan Review
North Collier Industrial Center
Water and/or Sewer Facilities Acceptance
Recording Fee Number 113-138312-63-649030
On ~i/, ~ ~ , l~39~/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.
o
o
Owner's Affidavit
Attorney's Affidavit
Copy of preliminary approval letter from Engineering
Review
Engineer's final payment confirmation
Certification of pressure testing of water lines by
Engineer of Record
Memorandum to Maureen Kenyon, Supervisor, Clerk to Board
February 10, 2000
Page Two
10.
11.
12.
Certification of pressure testing of sewer lines by
Engineer of Record
Bacteriological clearances (DER certification) for
water facilities
DER Placement-in-Service letter for sewer facilities
13.
14.
15.
16.
17.
18.
19.
20.
21.
Contractor's Final Release of Lien
Lab results on bacteriological test for water lines
Verification of final cost (Detailed: quantities,
sizes, unit cost, total cost, etc.)
Letter by Engineer certifying that all water and/or
sewer facilities are located within the public
right-of-way or dedicated easements
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
Payment of water usage, laboratory and administrative
charges for filling, flushing and bacteriologically
certifying water lines from invoice prepared by the
Utilities Division
Letter from fire district regarding ownership and
maintenance of fire hydrants and certification of field
fire flow capacity testing
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
Memorandum to Maureen Kenyon, Supervisor, Clerk to Board
February 10, 2000
Page Three
22.
23.
24.
25.
26.
Electrical Contractor's certification on Pump Station
electric service wire sizing and voltage drop, pursuant
to National Electrical Code specification
Copy of pump station start-up report
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
One copy of utility easement
If you have any questions, please call and advise accordingly.
attachments
doc :2094-2
I)xfight E. ikock
Clerk
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
OFFICIAL RECEIPT
When Validated
BRANCH OFFICES:
GOLDEN GATE
4839 GOLDEN GATE PARKWAY
GREENTREE SHOPPING CENTER
2386 IMMOKALEE ROAD
IMMOKALEE
101 S, FIRST STREET
MARCO ISLAND
1040 WINTERBERRY DRIVE
EVERGLADES CITY
207 BROADWAY AVENUE
F: E ,i E J: ::' !": 3 1 4 0 0 1 9
iz'.'4¥'OF:", £.CC t ± 2 1'.')8:31.£ 63 ¢34'7,)2o
F: E i::: :i i, !61 i'.i E E i::;: i i',i(~ f:;:!::! V 12 E W .: 5 1',t I X
DESCRIPTION AMOUNT DUE
F:ECOF:£II~i'iG OF L[':G~hL Ii'.i!::;TRU~qEi't 52.00
i::' ,, F;:. iq. 't". F. F: E C 0 t'";:D 11'4 G F E E 6.06
E,O!ZUMEii'.iTAF;:¥' S]"APiF:'S '-- "70 i. 40
BOOK PAGE
2 ~::, 4 ii.':2 % :..i ]
2 5 ':..:,- J. 12 cl.:' 24
2e.4 ~ 272!
2 .,:: 4.1. 2 ? :3
EEC'['-' F:!::~{l:.':ii::;:E~l:l'iG TOTAL DUE: 61 . 40
Prepared by and return to:
C. Perry Peeples, Esq.
Annis, Mitchell, Cockey, Edwards & Roehn
8889 Pelican Bay Blvd., Suite 300
Naples, Florida 34108
2594386 OR: 2641PG: 2921
]LBCORD~9 in OFFICIAL
02/16/2000 at lO:20~K
R~C ~! 15.00
Retn:
~R6I~RI~6 R~VI~ $~RVIC~S
~X? 5586
UTILITY FACILITIES SUBORDINATION~ CONSENT AND JOINDER
This Subordination, Consent and Joinder, given this ~- c~"/'~' day of ..~
1999, by RICHARD E. KLINGLER and PAULINE P. KLINGLER (hereinafter refert'ed 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 the following mortgages:
a. Mortgage from Commercial Development Company, a Florida general
partnership, to Richard E. Klingler and Pauline P. Klingler, dated October 26, 1987, and
recorded in Official Records Book 1305, page 469, as modified;
b. Mortgage from Commercial Development Company, a Florida general
partnership, to Richard E. Klingler and Pauline P. Klingler, dated December 1, 1987, and
recorded in Official Records Book 1313, page 1171, as modified;
c. Mortgage from Commercial Development Company, a Florida general
partnership, to Richard E. Klingler and Pauline P. Klingler, dated January 12, 1988, and
recorded in Official Records Book 1321, page 1254, as modified;
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."
OR: 2641 PG: 2922
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
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:
PrintName: /~r~r~,~,~r~ '~ot~t,~O...
RICHARD E. KLINGLER ~/r
Print Name:
Print Name:
PAULINE P. KLINGLI~R /
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ,2ff/4 day of 3-u ~,x~
1999, by Richard E. Klingler and Pauline P. Klingler, who are personally known to me.
~2'--. ~. ~,. ~W~l~ Notary Public
(Seal) I[---'?' ~ '~;~- ~¥ co~ ~ ~ ~o J[
]1~/ ~s: ~s, ~ II Print Name:
IL "*'~,~ ~ ~ ~ ~ ~
My Commission Expires:
6594vl 6081-007
-2-
*** OR: 2641 PG: 2923 ***
EXHIBIT "A"
Legal Description
A parcel of land lying in and being a portion of Tract "C," NORTH COLLIER INDUSTRIAL
CENTER, as recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier
County, Florida, and being more particularly described as follows:
Commencing at the southwesterly comer of Lot 11, North Collier Industrial
Center; thence N 89°53'28" W a distance of 41.88 feet to the POINT OF
BEGINNING;
Thence N 89°53'28" W along the northerly right-of-way of Collier Center Way a
distance of 32.0 feet;
Thence N 00°54'31" W along the east line of a 100' F. P. & L. easement a distance
of 32.0 feet;
Thence S 89°53'28'' E a distance of 32.0 feet;
Thence S 00°54'31" E a distance of 32.0 feet to the POINT OF BEGINNING;
TOGETHER WITH Tract "D" of North Collier Industrial Center, according to the plat thereof
recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier County, Florida.
6953vl 6081.007
Prepared by and return to:
C. Perry Peeples, Esq.
Annis, Mitchell, Cockey, Edwards & Roehn
8889 Pelican Bay Blvd., Suite 300
Naples, Florida 34108
2594387 OR: 2641PG: 2924
02/16/2000 at I0:20A#
HC ~B~ I~,00
BILL OF SALE
This Bill of Sale evidencing the sale and conveyance of the water and sewer utility
facilities described herein is made this ~.-q day of ..[ '[. ~ , 1999, by
COMMERCIAL DEVELOPMENT COMPANY, a Florida general partnership[hereinafter referred to as
"Seller") and the BO^~.D 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 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.
IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and
year first above written.
OR: 2641 PG: 2925
Witnesses:
Printed Name: ,,~,oex~,~--' ~t>~,~Ctc
Printed Name: ~(-~rr~,r).~_ ~?~We~ ~
COMMERCIAL DEVELOPMENT COMPANY, a
Florida general partnership,
By: Its Corporate General Partner,
EXECUTIVE DEVELOPMENT CORPORATION,
a Florida/~?rporati°n
Phillil~ Lewallen
Its: President
(Corporate Seal)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ 9/4 day of ~' i~;gt- ,
1999, by Phillip Lewallen, as President of Executive Developme--n-i' ~orporation, a Florida
corporation, the Corporate General Partner of Commercial Development Company, a Florida
general parmership, on behalf of the corporation and the partnership, who is personally known to
me.
WITNESS my hand and official seal this tko CJ~ day of
(Seal)
Notary Public
Printed Name: r'B _ (4.
My Commission Expires:
6588vl 6081-007
-2-
*** OR: 2641 PG: 2926 ***
EXHIBIT "A"
Legal Description
A parcel of land lying in and being a portion of Tract "C," NORTH COLLIER INDUSTRIAL
CENTER, as recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier
County, Florida, and being more particularly described as follows:
Commencing at the southwesterly comer of Lot 11, North Collier Industrial
Center; thence N 89o53'28'' W a distance of 41.88 feet to the POINT OF
BEGINNING;
Thence N 89o53'28'' W along the northerly right-of-way of Collier Center Way a
distance of 32.0 feet;
Thence N 00°54'31" W along the east line of a 100' F. P. & L. easement a distance
of 32.0 feet;
Thence S 89053'28" E a distance of 32.0 feet;
Thence S 00°54'31" E a distance of 32.0 feet to the POINT OF BEGINNING;
TOGETHER WITH Tract "D" of North Collier Industrial Center, according to the plat thereof
recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier County, Florida.
6953vl 6081.007
Prepared by and return to:
C. Perry Peeples, Esq.
Annis, Mitchell, Cockey, Edwards & Roehn
8889 Pelican Bay Blvd., Suite 300
Naples, Florida 34108
2594388 OR: 2641 PG: 2927
RECORDBD in O~I¢IAL HCORDS of COLLIBR COUNTY, ~L
02/16/2000 at 10:20AH DWIGHT g. BROCK, CLBRK
R~C ~! 15.00
DOC-.?0 .70
ReCn:
BNGIN~IRING I~VllS SlRVlCBS
5586
UTILITY EASEMENT
THIS EASEMENT, granted this ~ q q~ ..~ ,.9 I
day of ~1 , 1999, by
COMMERCIAL DEVELOPMENT COMPANY, a Florida general partnership,~ as Grantor, and the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOPdDA, 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.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed
the day and year first above written.
OR: 2641 PG: 2928
Witnesses:
Printed Name: ,~ ~ ~e~..,~.,v~ Jt~o~wEcc
Printed Name:C'!,vrh~ r,^~-- ~/sTe ~ ~
COMMERCIAL DEVELOPMENT COMPANY, a
Florida general partnership,
By: Its Corporate General Partner,
EXECUTIVE DEVELOPMENT CORPORATION,
Its: President
(Corporate Seal)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~ ~'/~( day of
1999, by Phillip Lewallen, as President of Executive Development Corporation,t/a Florida
corporation, the Corporate General Partner of Commercial Development Company, a Florida
general partnership, on behalf of the corporation and the partnership, who is personally known to
me.
WITNESS my hand and official seal this 32~/¢ day of
,1999.
(Seal)
6587 vl 6081-007
Notary Public
Printed Name: ~ -
My Commission Expires:
-2-
*** OR: 2641 PG: 2929 ***
EXHIBIT "A"
Legal Description
A parcel of land lying in and being a portion of Tract "C," NORTH COLLIER INDUSTRIAL
CENTER, as recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier
County, Florida, and being more particularly described as follows:
Commencing at the southwesterly comer of Lot 11, North Collier Industrial
Center; thence N 89°53'28" W a distance of 41.88 feet to the POINT OF
BEGINNING;
Thence N 89053'28" W along the northerly right-of-way of Collier Center Way a
distance of 32.0 feet;
Thence N 00°54'31" W along the east line of a 10ft F. P. & L. easement a distance
of 32.0 feet;
Thence S 89o53'28" E a distance of 32.0 feet;
Thence S 00°54'31" E a distance of 32.0 feet to the POINT OF BEGINNING;
TOGETHER WITH Tract "D" of North Collier Industrial Center, according to the plat thereof
recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier County, Florida.
6953vl 6081.007
Prepared by and return to:
C. Perry Peeples, Esq.
Annis, Mitchell, Cockey, Edwards & Roehn
8889 Pelican Bay Blvd., Suite 300
Naples, Florida 34108
2594389 OR: 2641PG: 2930
R~CORD~D in O~PICIAL RRCORD$ of COLLIIR COUNT~, ~L
02/16/2000 at 10:20AN D~IGH? !, BROCL ¢~RK
RI~ ~! 15.00
DOC-.?0 .70
Retn:
SHIRLIY Nil
UTILITY FACILITIES WARRANTY DEED
THIS INDENTURE, granted this day of -.30 I~ , 1999, between
COMMERCIAL DEVELOPMENT COMPANY, a Florida general partnershipr (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.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed
the day and year first above written.
· , OR: 2641 PG: 2931
Witnesses:
Printed Name: /~,~-,~,'~s ).L~o~.,,.~r~
Printed Name: £: ~-~ e r in ~ ~, sTt.; ~
COMMERCIAL DEVELOPMENT COMPANY, a
Florida general partnership,
By: Its Corporate General Partner,
EXECUTIVE DEVELOPMENT CORPORATION,
a Florida corporation
Lewallen
Its: President
(Corporate Seal)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~)/-~ day of ~/~ ,
1999, by Phillip Lewallen, as President of Executive Developm-~-i-nt-Corporation, a Florida
corporation, the Corporate General Partner of Commercial Development Company, a Florida
general partnership, on behalf of the corporation and the partnership, who is personally known to
me.
WITNESS my hand and official seal this ~3 t)/k day of
~/~ ,1999.
(Seal)
Notary Public
Printed Name: ~,3,~
My Commission Expires:
6583vl 6081-007
-2-
*** OR: 2641 PG: 2932 ***
EXHIBIT "A"
Legal Description
A parcel of land lying in and being a portion of Tract "C," NORTH COLLIER INDUSTRIAL
CENTER, as recorded in Plat Book 31., pages 50 and 51, of the Public Records of Collier
County, Florida, and being more particularly described as follows:
Commencing at the southwesterly comer of Lot 11, North Collier Industrial
Center; thence N 89°53'28" W a distance of 41.88 feet to the POINT OF
BEGINNING;
Thence N 89053'28,' W along the northerly right-of-way of Collier Center Way a
distance of 32.0 feet;'
Thence N 00°54'31" W along the east line of a 100' F. P. & L. easement a distance
of 32.0 feet;
Thence S 89°53'28" E a distance of 32.0 feet;
Thence S 00°54'31" E a distance of 32.0 feet to the POINT OF BEGINNING;
TOGETHER WITH Tract "D" of North Collier Industrial Center, according to the plat thereof
recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier County, Florida.
6953vl 6081.007
This instrument prepared by:
C. Perry Peeples, Esq.
Annis, Mitchell, Cockey, Edwards & Roehn
8889 Pelican Bay Blvd., Suite 300
Naples, Florida 34108
OWNER'S AFFIDAVIT
STATE OF
COUNTY
On this ~ Ibqday of ~k ~ei ,~e,"lF , 1999, before me personally appeared
PHILLIP LEWALLEN, as President of EtXECUTIVE DEVELOPMENT CORPO~,ATION, a Florida
corporation, and Corporate General Partner of COMMERCIAL DEVELOPMENT COMPANY, a Florida
general 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 the following:
a. Mortgage from Commercial Development Company, a Florida general
partnership, to Richard E. Klingler and Pauline P. Klingler, dated October 26, 1987, and
recorded in Official Records Book 1305, page 469, as modified;
b. Mortgage from Commercial Development Company, a Florida general
partnership, to Richard E. Klingler and Pauline P. Klingler, dated December 1, 1987, and
recorded in Official Records Book 1313, page 1171, as modified;
c. Mortgage from Commercial Development Company, a Florida general
partnership, to Richard E. Klingler and Pauline P. Klingler, dated January 12, 1988, and
recorded in Official Records Book 1321, page 1254, as modified;
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."
COMMERCIAL DEVELOPMENT COMPANY, a
Florida general partnership,
By: Its Corporate General Partner,
EXECUTIVE DEVELOPMENT CORPORATION,
a Fl°ridl c:rP°.~
By: i~p Le;allen
Its: President
(Corporate Seal)
STATE OF ~o,,e ,'~ ,~
COUNTY OF cc, ~,..-, ~
The foregoing instrument was sworn to and subscribed before me this 3/si-day of
~o qo s ,'~" ., 1999, by Phillip Lewallen, as President of Executive Development Corporation, a
Florida corporation, the Corporate General Partner of Commercial Development Company, a
Florida general partnership, on behalf of the corporation and the partnership, who is pe. rs_~9_onally
known to me.
WITNESS my hand and official seal this :3 t~ t- day of
,1999.
(Seal)
Notary Public
Printed Name: rn
My Commission Expires:
6593vl 6081-007
-2-
EXHIBIT "A"
Legal Description
A parcel of land lying in and being a portion of Tract "C," NORTH COLLIER INDUSTRIAL
CENTER, as recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier
County, Florida, and being more particularly described as follows:
Commencing at the southwesterly corner of Lot 11, North Collier Industrial
Center; thence N 89053'28'' W a distance of 41.88 feet to the POINT OF
BEGINNING;
Thence N 89053'28'' W along the northerly right-of-way of Collier Center Way a
distance of 32.0 feet;
Thence N 00°54'31" W along the east line of a 100' F. P. & L. easement a distance
of 32.0 feet;
Thence S 89053'28'' E a distance of 32.0 feet;
Thence S 00°54'31" E a distance of 32.0 feet to the POINT OF BEGINNING;
TOGETHER WITH Tract "D" of North Collier Industrial Center, according to the plat thereof
recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier County, Florida.
6953vl 6081.007
This instrument prepared by:
C. Perry Peeples, Esq.
Annis, Mitchell, Cockey, Edwards & Roehn, P.A.
8889 Pelican Bay Blvd., Suite 300
Naples, Florida 34108
(94 l) 597-7088
ATTORNEYtS AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF COLLIER )
On this ~ O4~_ day of 3 ,o ~-~ , 1999, before me personally appeared
C. Perry Peeples, a licensed attorney lauthorized to practice in the State of Florida, to me
personally known, whose current business address and telephone number are Annis, Mitchell,
Cockey, Edwards & Roehn, P.A., 8889 Pelican Bay Blvd., Suite 300, 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 information 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
Commercial Development Company, a Florida general partnership (hereinafter "Owner"). The
Owner acquired record title to the subject real property by instruments recorded in Official
Records Book 1305, page468; Official Records Book 1321, page 1253; Official Records
Book1313, page 1155; Official Records Book 1313, page 1170; and Official Records
Book 1801, page 731; all of the Public Records, Collier County, Florida (copies attached).
4. Affiant has examined 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. Phillip Lewallen, as President of Executive Development Corporation, a
Florida corporation, and the Corporate General Partner of Commercial Development Company, a
Florida general 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:
a. Mortgage from Commercial Development Company, a Florida general
partnership, to Richard E. Klingler and Pauline P. Klingler, dated October 26, 1987, and
recorded in Official Records Book 1305, page 469, as modified;
b. Mortgage from Commercial Development Company, a Florida general
partnership, to Richard E. Klingler and Pauline P. Klingler, dated December 1, 1987, and
recorded in Official Records Book 1313, page 1171, as modified;
c. Mortgage from Commercial Development Company, a Florida general
partnership, to Richard E. Klingler and Pauline P. Klingler, dated January 12, 1988, and
recorded in Official Records Book 1321, page 1254, as modified;
All of the Public Records of Collier County, Florida.
6. Affiant further states that the information]ontained in this Affidavit is true,
correct and current as of the date this Affidavit is given~ /~
C. PERRy PEEPLES
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Attomey'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 ~'~ day of ~j~'~. ~c/' , 1999.
(Seal)
My Commission Expires: '-/- ,~-~ /
6589vl 6081-007
-2-
EXHIBIT "A"
Legal Description
A parcel of land lying in and being a portion of Tract "C," NORTH COLLIER INDUSTRIAL
CENTER, as recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier
County, Florida, and being more particularly described as follows:
Commencing at the southwesterly comer of Lot 11, North Collier Industrial
Center; thence N 89053'28'' W a distance of 41.88 feet to the POINT OF
BEGINNING;
Thence N 89o53'28'' W along the northerly right-of-way of Collier Center Way a
distance of 32.0 feet;
Thence N 00°54'31" W along the east line of a 100' F. P. & L. easement a distance
of 32.0 feet;
Thence S 89053'28" E a distance of 32.0 feet;
Thence S 00°54'31" E a distance of 32.0 feet to the POINT OF BEGINNING;
TOGETHER WITH Tract "D" of North Collier Industrial Center, according to the plat thereof
recorded in Plat Book 31, pages 50 and 51, of the Public Records of Collier County, Florida.
6953vl 6081,007
COLLIER COUNTY
t~F_CO~OF.O
~¢ARR~N H. A..T~2~TAN ~ ANNA AJI~ZAN, Hu~bmd md Wife,
.IEORQE P. LANQFORD
of the County of West. chest, er . Sta~e al Ne',; York , grantor*.
COMMERCIAl. DEVELOPMENT COMPANY, a Florida general partnership,
whose post offke add,ess is 2500 North Tamiami Trail, Suite i~i, Naples, Florida 33940
of the Coun~ of Collier . Stat, of Florida . g,antee'.
~j[~g~[~, That ~id grantor, ~r and in consideration of the sum of T~ ~D NO/lO0 .......... ~ ......
................................................................................ Dollars.
and othe~ ~ and valuable con6~rotlons to ~id grantor in ~nd ~id by said g~ant~e, the t~elpt w~eof is hereby
acknowledge, ha~ g~ant~, borgoi~ and ~ld to the ~id gront~, and grant~'s ~its an~ assigns forever, the tollowlng
de~i~d land. situate, lying and ~i~ in ColliG~ Count, FIo~i~, to-wit:
~he North 920 Feet of the Southwest One-Quarter (Sw 1/4) of
th.: Southeast One-Quarter (SE 1/4), lying %'u$t of the Atlantic
Coast Line Railroad Right-of-Way, located in Sectzon ~0,
Township 48 South, Range 25 East, situate, lying and being in
Collier Cour, ty, Florida.
SUBJEC~ TO real estate taxes for the year 1987; oil, gas and mineral
interests of re rd, if any; ~id ease'n~nts and restrictions common to
the prep=r` '
and toid grantor does hereby fully n, orront the title to said land. and will defend lhe tome against ih.
~{n ~!tntas ~n?~f. O,o.,o, has hereunto ~1 grontor's hand and ~ol Ih. day :,nd year first above
~g~d. ~ and deli*~ed in our ~re~nce:
COUN~ O~ COLLIER
1 HEREBY CERTIFY that on th;s day before me, on officer du~ quollf~ to ~ke ock~w~do~nts. ~er~no{~ opo~r~
.~ .
.~ D lu B8
I;A!)ILI.AC AUTONUBiLL COHPANY OF BOSTON (A/K/A CADILLAC AUtOmOBILE GOHPANY OF BOSTON
/,,,,,,,~,, ,,i Boston, :~san~nusetts,
partnership,
~],o,~ ~,,~.[[,.,. r./dt,.,, i, 2500 N. Tamiami Trail, Suit~ 231, Naples, Florida 339~0
,,ahmlde ,'o,,id,.~mio,,,. ,.c~.~,~ ,,.h,.n~[ i, fl,'n'{,x nri,,ou, L.doed. ~ d,e~e ~r,.,,,d, Joe, ora,,~. 5e~ein. ,ell
Co,,,~x. Florida. ,,iz:
The South ½ of the South ½ of the Southvest ~ of
Section 10, Township 48 South, Range 25 East, lying
East of U.S. High, ay ~1, Collier County, Florida,
less the South 50 feet thereof previously deeded to
Collier County for road right-of-ray.
Subject to easements and restrictions of record, and taxes
for i~8~ and subsequent years.
tl~ereto
and to ~old, ,, ...... ,,, ~ ..... ,,,,p~.. ~. ........
n~ume~a~
Stamp
Tax
~ece~v~ $ Class "C" {ntnngible
'~ ~/~ Personal Prope.y Tax
co~:,~OU~TY Et~~ OF C~
SiOne,l. ,.al,ed and d,,ltvere,I in
...... .~. ,.~_,r::...:' .J..,.G.c~ ..,'.::: .............. :.~ ..........
STATt OF ~SSACHUSETTS
COUNTY OF ~ 5' ~*
J
Peter Fuller
/
~ ht~ /tt,tnttttt'tt! f,n~rtn',/by:
COLLIER COUNTY RECORDED
PI~R~OIi&L R~i"RItBI~ITATIYB'S DEED
December, ~987, by an~ between SOU~AST ~ANK, N.A., as Personal
~,~Re~resentative of the ~tate of JEANNE P. ~ISS~EYER, ~ceased, as
G~antor, CO~ERCI~ DEVELOP~NT COMPANY, a Florida general part~.ership
~II~8~ for ~nd ~n confederation of th~ ~um
Ten Dollars and other valuable consi'eration, receipt of which
hereby acknowledged, Grantor has sold and conveyed, and does hereb~
sell and convey unto Grantee, all that tract or ~rcei o~ land
situated in Collier County, Florida, and described as follows:
All of decedent's interest in
That ~rtion of the Southwest Quarter (aw 1/4) o~ the
Suutheast Quarter (SE 1/4) of Section 10, ~ownship 48
South, Range 25 East, Collier County, Florida, 19lng west
of the Atlantic Coast Line Railroad right,f-way, EXCL~ING
the North 920 feet and the S,.,~ th 50 feet thereof and
subject to a 30 foot easement along the west lines thereof
for road right~f-way purFoses.
SUBJE~ to easements, restrictions and reservations of
~ecord.
TO ~VB AND ~ HOLD the same to saio Grantees, their
heirs and assigns, in as ~ull and ample , ~nner as the same was
Fossessed or enjoyed by the said JE~NE P. BIC~MEYER, Deceased, in
l~ieti~e, individually and as Fartne~ o~ JEB FARMS, a ~lorida
Partner shi~.
IN WITNESS W~EREOF, the said Grantor has hereunto set
hand and seal the day and year above written.
In the presence of:
Wi tnessZ / --
STATE Of FLORIDA
,~UNTY OF SA~SOTA
SOUTHEAST BANK, N.A., as
Personal Representative of the
Estate of JEANNE P. BISS~EYER~
Deceased
.':-.., -':,,,.,..
The foregoing ins ~rumen t was : cknowlc~bed before me,
this JN~ oay of Dece~er, 1987, by ~-r~ A ~a~m~o
as ~;c~ ~,,~ of SOU~i~AST Pe~sona'l
Representative of th~' ~tate of JEANNE
behalf of said Cor~ration.
WItNeSS my hand and seal t~ day
This instrument prepared by:
WILLIAM F. BRANDES, JR., ESQ.
HARTER, SECREST & EMERY
800 Laurel Oak Drive, Suite 400
Naples, Florida 33963
2575R
BANK, N.A. ,
p. B ISSMEYE R, Deceased, cn
~ day 0 [ "_~{[~,~."-.. ,
commis~ {Ch Expi re'6~ ...... ~'i~
-'..
Certified copies of the Death Certif-
icate, will, Oraer admitting Will to
Probate, and Letters of A~inistration['
are attached hereto and made a part
hereof.
1370,
I~LL,~-.R COUNTY RECOROEE
JERRY J. SCIIERER and ELMER J. KOKENGE indivxduall¥ and in their
capacity as general partners of JEB Far~s, a Florida Partnership,
COMMERCIAL DEVELOP~FNT COMPANY, a Florida general partnership
.4 ......,-,,,,dh,,,,,dd,,.~, ,, 2500 N. Tamiami Trail, Suite 231 Naples, FL 33940
L,.,,.i,,.h,., ,.IL.d ~;,~ {~,.,,i... '
,.,,I.oLh. ,.,..M0,,.~i.~,,..e,.i.~ ,,.k,.,,,,,; i, fl,,,,d,)..,~,,,, .L,d,,d. fl,..,,t,..,.,,~,. L....i,,s. ,ell,. ali,.,,,..e
.,i,.,. ,,.L,,,,~,. ,,,,,,,e~.~ ..d ,o,di,~, .,rio d,e ~.a,,le, ,,Il I/,,,f ce.mi,, I.,,d ~ilunle i,, Collier CD
('.,,,,l~. Fl.,,d.. ,,,:.
That portion of the Southwest Quarter (SW 1/4) CD
of the Southeast Quarter (SE 1/4) of Section 10 CD
,
Township 48 South, Range 25 East. Collier County,
Florida, lying west of the Atlantic Coast Line
qailroad right-of-way, LESS AND EXCEPT the South
50 feet and the North 920 feet thereof, and subject
to a 30 foot easement along the west line thereof
for road right-of-way purposes.
SUBJECT TO easements, restrictions and reservations
of record, if any.
The above property is vacant lanG and not the
homestead of Grantors.
T -- tt
i,, ~ee si~e; tt,a~ ~ke ~.a,Ho. i~ ~ood .ioM and loud,,~ c,,t&,,rf~ tn sell .,,d con,'eW said ~nd: tAal the
.,,,,,,o. fl,',,'t,v I.lly ...... ~.t, Ifie tit~e ~o said land and u,.:! de~,',,d ,fie same ngainsl tAe h~t.l ¢hi~s al
MI sersons u,;,o~soet,er; a,td lfiat said rand is free al all encuml}ranres, except ~a~es accruing subsequent
_0 C
I~e~e pre~enl~ IAe day and year
wnereo , ,, .... ,d ,,,,,,,,o, ,,.d Wa,ed
[irsl a~)ot, e i,,rillen.
SlOshed, seah. d and delivered in our presence:
'~' "-7
STATE OF FLORIDA
COUNTY ()F COLLIER
I HEREBY CERTIFY :ha~ on th~ day. ~fore me. an officer
~cknowled~menl% ~r~nally ap~arrd JERRY J. SCHERER and
ELMER J. KOKENGE, Individually and in theJ
capgcity as general partners of JEB Farms
3o~oi.~ in,~m~nt an.: ~:hey acknowledsrd ~[ore me that they
.- j ; ~ WITNESS my hand and official ~a] in the Count)' and
--' 5~.s,r las, alo,'rsa.I this /~ day
Id. re,, 800 Laurel Oak ~i~.'Y'.~[ ~ ,~
Naples, FL 339~:' ''" '
diem F. Brande~, Jr., E.~.
Hailer, Secrest & Emery ~;0:2
8(X) Laurel Oak Drive - Suite 400
N~es. FL 33940
016}'5925
COLLIER COUNTY
RECORDED
THIS WARRANTY DEED, Made this day of , A.D. 1993. by
WILLIAM R. VINES, Tr'-xtee and individually, bercinafter called thc Grantotr. to COMMERCIAL
DEVELOPMENT COMPANY, a Florida general partnership, whose post office addre.v,s is 10265 N. Tamiami
Trail. Suite 7, Naples. Florida 33963, hereinafter called thc Gr.,.ntee.
WLmesse~h: That thc Gramor. I'or and in cuu.',idcration of .he sum of $10.t. J ,her valuable
considerations, receipt whereof is hereby acknowledged, hereby granLs, bargains, sells
releases, conveys and confirms unto the grantee all that certain land situate in Collier Count:' '%' .ff Fh,rida.
viz:
That portion of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 114) of Seetion
10. Township 48 South. Range 25 East. Collier County. Florida. 1,4nz West of the Atlantic
Coast Line "~ilroad right-of-Wa~. EXCEPTING ;.he North 920 feet thereof, and subject to a
thirty (30) ' ~ot ea.;cment along 'd,e Souta and West lines thereof for read right-of-way purposes.
AND GRANTING HEREIN ar ~xqement for roadway along the South thirty feet (30') of the
S('utheasi Quarter (SE 1/4) of md Secti(m lO: a~d al.~. :m a~d over that portion of the North
thirty feet (30') of Section 15 extending from thc East right-ur-way line of U.S. 4l (Tamia,'ni
Trail) to the East boundary ~c of ~id Sc'cfi,.,n less AHantic Coagt Line Railroad right-of-way.all
N.~ing m Township 4b South. Range 25 -East. Collier County. Fh)rlda.
Gr:mtor v¢arranks hat the iands d&~ribed herein is not his homestead nor thc homcsteaa of any member
his family.nor is it adjacent thereto and that he resides at 107 ~lubbouse Lane. Naples. Florida.
This Deed is made and g;ven to confirm tide in the Grantee herein, which Grantee is the succcs.~}r in
title m thc interest of thc Grantee in that certain Deed made by thc Grantor herein on June 4. 1985 and
recorded in O.R. B~,(:k 1156. Page 2323. of the Public Records of Collier County, Florida.
Together. with all thc tenen,enLg, hereditaments and appurtenances thereto bchmgmg to or in ;mywi~
appertaining.
cc]
0 c~
:::x
I/ave and to Hold, ~o
t,,_ samc in fee simple forever.
And thc Grantor hereby covenants with .*,aid Grantee the: the grantor as of June 4, 1985 was lawfully
seized of said land in fee simple: that the Grantor has good right and lawful authority to sell and convey ~id
la. nd. and hereby warrankx the title to said land as of June 4. 1985. and will defend II'~e same against thc lawful
claims of all persons whose claims aro.se prior to said June 4, 1985; and that ~id land was fr,~e of all
encumbrances as of June 4. !985, except taxes accrued sub~qucnt to December 31, 1984.
IN WITNESS WHEREOF, thc .~aid Gra,'tor has signed and sealed these presents thc day and year first
alxove written.
?igned, sealcd and dclivcrcd
thc prc.sencc of:
William R. Vines, Trustee and Individually
107 Clubhouse Lane
Naples. Florida 33942
· 0 ! I'Z .q B 8 2 lt? oci i: os £' 3 0 ,
COLLIER COUNTY RECOROED OR BOOK PAGE
MO~?GAGr-~, AS$IC-NMEN"~ OF RENTS AND
A. D., 1987, by Commercial Development Company, a Flor iaa Ceneral
Partnership, hereinafter callefl the Borrower, uhich term as usea in
every instance shall include the Borrower's heirs, executors,
administrators, successors, legal representatives and assigns,
either voluntary by act of the parties or involuntary by operation
of law and shall denote the singular aha/or plural, and the
masculine and/hr feminine and natural and/or arti[icial persons,
whenever and wherever the context so requires or admits, parties of
the first part, and Richard E. Klingler and Pauline P. Klingler,
husband and wife as Tenants by the ~ntireties, hereinafter called
the Lender, which term as used. in every instance shall include the
Lender's successors, legal representatives and assigns, party of the
second part.
Lender is loaning to Borrower the sum o~ ~418,O00.OU
(hereinafter referred to as "Loan").
That for good and valuable consideration, ano to secu[e the
payment of the "Loan" and the Promissory Note of evel~ date herewith,
together with ~nterest thereon and all other sums of money secured
hereby as hereinafter provided, the Borrower does grant, bargain,
sell, alien, remise, release, convey and confirm unto the Lender, in
fee simple, the following described property, of which the Borrower
ts now seized and possessed, and in actual possession, hereinafter
referred to as the "Mortgaged Property", to-wit:
(A) SEE ATTACHED EXHIBIT ~A"
(B) All present and future structures, buildings,
improvements, appurtenances and fixtures of any kind on the
property, including but not limited to all apparatus, equipment and
appliances used tn connection with the operation or occupancy,
facilities used to provide any utility services, refrigeration,
recreation or other services on the property, and all window
coverings, drapes and rods, carpeting and floor coverings, it being
intended and agreed that all such items will be conclusively
considered to be a part of the real property encumbered by this
Mortgage, whether or not attached or affixed ~o the property (the
· Improvements · ).
(C) All appurtenances of the property and all rights of the
Borrower in and to any streets, roads or public places, easements or
~ights of way, relating to the property.
(D) All of the rents, royalties, profits and income of the
property, and all rights of the Borrower under all present and
future leases affecting the property, including but not limited to
any security deposits.
(E) proceeds and claims arising on account of any damage
All
to or taking of the property or any improvements thereon or any part
thereof, and all causes of action and recoveries for any loss or
diminution in the value of the property or any Improvements.
The Borrower also hereby grants to the Lender a security
interest in all of the following described property, whether now or
hereafter existing, and in which the Borrower now has or hereafte£
obtains any right, title, estate or interest:
(F) All goods located on the property and used in the
operation or occupancy of the property or in any construction on the
property but which are not effectively made real property under
Clause (B) above, including but not limited to all appliances,
office equipment computers, furniture and furnishings, building
service equipment, and building materials, supplies and equipment.
' 00 1305 00011 ~'0
OR BOOK PAGE
(G) Ail general intangibles relating to the development or
use of the property, including but not limited to all governmental
permits relating to construction on the property, all names under or
by which the property or any improvements on the property may be at
any time.be operated or known.
{H) All shares of stock or other evidence of owpetship of any
part Of the property that Js owned by the Bo, rower in common with
others, and all documents of membership in any owners' or members'
association or similar group having responsibility for mana§Jng or
operating any part of the property.
This instrument secures:
(1) Payment and performance of the Borrower's indebtedness
and obl J gations under the Promissory Note of even oate herewith
evidencing the aforesaid Loan (herein referred to as the "Note"),
including all extensions, renewals and modifications of of the Note.
(2) The payment and performance of the Borrower's obligations
und.~r this Mortgage.
(3) The payment of all sums advanced or .said out by the
Lender under any provision of this Mortgage or to protect the
security of this Mortgage.
(4) The payment of the principal and interest on all other
future loans or advances mad~ by the Lender to the Borrower (or any
successor in interest to the Borrower es the owner of all or any
part of the Mortgaged Property) when the prom!.-sory note evidencing
the loan or advance specifically states that it is secured by this
Mortgage ("Future Advances"), including all extensions, renewals ano
modifications of any Future Advances.
(5) The payment and .performance of the Borrower's obligations
under all present and future agreements executed by the Borrower in
favor of the Lender and relating to the Note.
TO HAVE AND TO HOLD the above described Mortgaged Property unto
the Lender, its successor~ and assigns forever.
the Borrower hereby covenants with the Lender that the 9orrower
is indefeasibly seized with the absolute and fee simple title to
said Mortgaged Property, and has full power and lawful authority to
sell, convey, transfer and mortgage the same; that it ~hall be
lawful at any time hereafter for the Lender to peaceably and quietly
enter upon, have, hold, and enjoy said property, and every part
thereof; that said property is free and discharged from all liens,
encumbrances, and claims of any kind, including taxes and
assessments; and that the Borrower hereby fully warrants unto the
. . Lender the title to said property and will defeno the same against
the lawful claims and demands of all persons whomsoever.
NOW, T~EREFORE, the condition of this mortgage is such that if
the Borrower shall well and truly pay unto the Lender, the Loan as
:,' hereinbefore referenced, together with interest as set forth in the
~romissory Note secured hereby, and shall perform, comply with and
abide by each and every one of the stipulations, agreements,
conditions and covenants contained and set forth in this Mortgage
and in the Promissory Note, then this Mortgage and the estate hereby
:reared shall cease and be null aod void.
ARTICLE I
OOVENANTS OF MORTGAGOR
TO protect the security of this Mortgage, the Borrower agrees:
1. Payment and Performance. Borrower shall pay to Lender,
~'~! in accordance with the terms of the Promissory Note and this
-2-
~ ,."', 1,305
02 ~OOK ~AGE
Mortgage, the principal and interest, ado other sums therein se.
forth, and shall perform and comply with all the a§r eements,
conditions, covenants, provisions and stipulations of the Promissory
Note and this Mortgage and any loan documents incident thereto, the
terms of which are respectively incorporated herein by reference.
2. Insurance.
A. To ma~ ncain in force on the Mortgaged Property
hazard insurance, public liability insurance and any other insurance
required by law. The insurance policies must be approved by the
Lender as to amount, form, deductibles and insurer, and must cover
all risks Lender requires. With respect to public liability
insurance, Lender shall be named as an additional insured, ano as to
Lender such insLrance shall be primary an,~ Lender m~y carry. ~he
hazard insur ~nce policy must contain a ~tandard mot tga§ee clause
making all losses payable to the Lender ant containing cancellation
provisions satisfactory to the Lender. The hazard ~nsurance policy,
together with receipts for the payment of premiums, is to be
delivered to and held by the Lender. All renewal ano replacement
policies must be delivered to the Len0er at least 15 days before
excitation of the c!d policies. Appr(~'.'al cf ar,}, in' Jra'.c~ ky the
Lender will not be a representation of the s;~vency of any insurer
or the sufficiency ef any amount of insurance.
B. If the insurance, or any part thereof, shall expire
or be withdrawn, or become void or unsafe by Borrower's breach of
any condition thereof, or become void or unsafe Dy reason of the
failure or impairment of the capital of any company res,]ltin9 in
insurance becoming unsatisfactory to Lender, Borro.?? shall place
new insurance on the Mortgaged Property satisfactory to Lender. If
Lender becomes the owner of the Mortgaged Property or ,ny part
thereof as a result of the foreclosure or otherwise, such policies,
including all-right-,~ title and-interest of the Borrower theIe.~nder,
shall become the absolute property of the Lender.
C. All insurance proceeds on the Mortgaged Property,
&nd all causes of action, claims, compensation, awards and
recoveries for any damage, condemnation ot taking of all or any part
of the Fortgaged Property or for a:~y damage or inju:~; to i~ or for
any loss or diminution in value of the Mortgaged Property, are
hereby assigned to and shall be paid to the Lender. In the event
a loss, Borrower will give immediate notice thereof to Lender, and
· ender may submit proof of loss if not made promptly by Borrower.
The Lender may participate in any suits or proceeding.- relating to
an~ such proceeds, causes of action, claims, compensation, awards or
recoveries and may join with the ~o-rower in adjusting any loss
covered by insurance. The Lendez will apply any sums received by it
under this paragraph first to the payment of all of its costs and
expenses (including but not limited to legal fees and disbursements)
incurred in obtaining those sums, and then, in its absolute
discretion and without regard to the adequacy of its security, to
the payment of the indebtedness and obligations secured by this
Mortgage or to the Borrower for restoration or repair of the
Mortgaged Property under the Lender's prescribed disbursement
control procedures.
3. Taxes and Other Charges.
A. The Borrower agrees to pay when due and payable
before any interest, charge or penalty is due thereon, without any
reduction or abatement, all taxes, ~assessments, levies, liabilities,
obligations, encumbrances, water and sewer c~arges and all other
charges or claims of every nature and kind which may be imposed,
placed, assessed, levied or filed at any time against Borrower, the
Mortgaged Property or any part thereof or against the interest of
Lender therein, or which by any present or future law may have
priority over the indebtedness secured hereby.
-3-
OR ~00~ Pt~GE
B. Lender may, at any time aXter Borrcwer has been
default hereunder, regardless of whether such default was
subsequently cured, ~equire Borrower to pay to LenGer, monthly
installments in an amount equal to 1/12th of the annual insurance,
real estate, water and sewer charges, charges or claims, which at
any time may or become a lien upon the Mortgaged Property, anu on
demand from time to time Borrower shall pay to Lender any additional
sums necessary to pay the premiums and other items, all as estimated
by Lender; the amount so paid shall be security for the premiums and
other items and shall be used in payment thereof if Bor[ower is not
otherwise in default hereunder. No amount so paid shall be Oeemeo
to be trust fund, but ~,y be commingled with general funds oX the
Lender, and no interest shall be payable thereon. If, pursuant to
any provision of this Mortgage, the whole amount of the unpaid
principal debt Pecomes due and payable, Lender shall have the right,
at it3 election, to apply any amount so held against the entire
indebtness secured hereby.
4. Liens.
A. Without the prior written consent ox the Lender,
which consent Lender will not unreasonably withhold, Borrower shall
not create or cause or permit any lien on, or security interest in
the Mortgaged Property or any portion thereof, whether junior or
senior to the lien of this Mortgage. If any mechanics' liens or
claim of mechanics' lien shall be filed a.~inst the Mortgaged
Property or any portion thereof or &ny interes_ therein by reason of
work, labor, services or mater~al supplied or claimed to have been
supplied and if such mechanica' lien or claim of mechanics' lien is
not fully and finally discha~Ted as a lien against the Mortgaged
Property or fully and finally t. ~nsferred in accordance with all
applicable requirements of the Florida's Mechanics' Lien Law from a
lien against the Mortgaged Land to a lien against other security
Do,ted by Borrower within 10 days after such mechanics' lien or
claim of lien shall have been filed, then Lender, at its option,
may: (a) upon written notice to Borrower pay and discharge the
lien, in which case the sum which Lender shall have advanced shall
be due immediately from Borrower to Lender; shall be secured hereby;
and shall bear interest at the highest rate as allowed by !aw from
the date of payment by Lender until the date of repayment, and
]~ender shall be subrogated to any r'gh~s, equities and liens so
discharged and/or (b) treat su-h occurrences as an event of default
hereunder.
B. Witho~t the prior written consent of the ~ '-der,
the Borrower shall not encumber any interest in ~he Mortgaged
Propers? or sell, contract to sell, l~ase with option to purchase,
or otherwise transfer any interest in the Mortqaged Property.
5. ?urther Assurances. The Borrower agrees to execute ano
del~ver to the Lender on demand and at Borrower's cost and expense
any documents required to perfect and continue the perfection of
Lender's security interest in the personal property of Borrower
granted by this instrument.
6. Conditional Assignment of Leases~ Rents and Profits.
A. All of the existing and future rents, royalties,
income and profits of the Mortgaged Property that arise from its use
or occupancy are hereby absolutely and presently assigned to the
Lender. ~owever, until the Borrower is in default under this
Mortgage, the Borrower will have a license to collect and receive
those rents, royalties, income and profits. Upon any default by the
Borrower, the Lehder may terminate the Borrower's license in its
discretion at any time without notice to the Borrower and may
thereafter collect the rents, royalties, income or profits itself or
by an agent or receiver. No action taken by the Lender to collect
any rents, royalties, income or profits will make the Lender a
"mortgagee-in-possession" of the Mortgaged Property, unless the
Lender .personally or by agent enters into actual possession &f the
0O 1.385 000~73
OF~ ~OOK 2AGE
Mortgaged Property. Possession by a court-appointed receiver will
not be considered possession by the Lender. All rents, royalties,
income and profits collected by the Lender or a receiver will be
applied first to pay all expenses of collection, and then to the
payment of all costs of .~oeratiun and management of the MortgageQ
Property, and thcn to the payment cf the ~ndebt~dDess and
obligations secured by this Mortgage in whatever order the Le,%der
directs in its absolute discretion ano without regard to the
adequacy of its security.
B. If required by the Lender, the Borrower will hot
execute any leases or occupancy agreements affecting any of the
Mortgaged Property except on a form approved by the Lender.
C. Without the prior written consent of the Lender,
the Borrower shall not accept prepayments of rent exceeaing on~
month under any leases or occupancy agreements affecting any of the
Mortgaged Property, nor modify or amend any such leases or occupancy
agreements, nor in any manner impair the benoer's interest in the
rents, royalties, income and profits of the Kortgaged Property. The
Borrower will perform all covenants of the lessor under any such
leases or occupancy agreements. Upon the Lender's request, the
Borrower will execute and deliver to the Lender for recordation an
assignment of leases on the Lender's form.
E. If required by the Lender, each lease or occupancy
agreement affecting any of the Mortgaged Property must provide, in a
manner approved by the Lender, that the tenant will recognize as its
lessor :ny person succeeding to the interest of the Borrower upon
any foreclosure of this Mortgage.
7. Maintenance of Mortgaged Property.
.............. A. The Borrower will not com~tt any wast~ 'on the'
Mortgaged Property or take any actions that might invalidate any
insurance carried on the Mortgaged ProDerty. The Borrower will
maintain the Mortgaged Property and buildings thereon in good
condition and repair. No Improvements may be removed, demolished or
materially altered without the prior written consent of the Lender.
No personal property in which the Lender has a security interest may
be remove~ from the Mortgaged Property unless it is immediately
replaced by similar property of at lease equivalent value on which
the Lender will immediately have a valid first lien and security
i~,~erest.
B. Borrower hereby represents that it ic in compliance
and shall comply with all restrictions of record and all law~,
statutes, codes, ordinances, rules, regulations, resolutions, and
orders of all federal, state, municipal and other governmental and
quasi-g, overn~ntal authorities and agencies relating in any way to
the Mortgaged Sroperty.
C. If this Mortgage covers a subdivision, the Borrower
will obtain, comply with and keep in effect all present and future
permits, maps, bonds and other agreements required by applicable
laws and regulations for the lawful construction or sale of the
subdivision lots and units. The Borrower must also maintain an
active sales program for the subdivision, and always be in a
position to convey insurable title to the lots and units to
purchasers.
8. Financial Statements.
A. Within 45 days after 6 mon%Ls of the fiscal year
and again at the end of each fiscal year of Borrower during the term
of this Mortgage, Borrower shall deliver to Le~,der a statement of
gross income and expenses, showing profit and losJ of surplus for
the preceding fiscal year relating to the operation of the Mortgaged
Property by Borrower, and Borrower's balance sheet as of the end of
such fiscal year, all in reasonable detail and prepared in a format
-b-
OOt 305 000~ ?~,.
O~ ~00,~ PAGE
similar to those previously delivered to Lender by Borrower, which
format shall be subject to Lender's approval. Borrower agrees to
make its books and accounts relating to the MortgageG Property
available for inspection by Lender or its representatives upon
request at an~ r,asonaDle time.
B. The Borrcwer will promptly furnish, upon the
Lender's request, a duly acknowledged written statement setting
forth all amountG due on tho indebtedness secured by th~s Mo£tgage
and stating whether any offsets or defenses exist, and cont&ining
such other matters as Lender m~y reasonably require.
9. Protection of Mortqagee Interest. The Borrower will, at
its own expense, appear in and defend any action or proceeding that
might affect tPe Lender's security or the rights or powers of the
Lender or that purports to affect any of the Mortgaged Property. If
the ~orrower fails to perform any of its covenants or agreements
contained in this Mortgage, or if any action o~ proceeding of any
kind (including but not limited to any bankruptcy, insolvency,
arrangement, reorganization or other Oebtor relief proceeding) is
commenced which might affect the Lender's or the Borrower's interest
in the Mortgaged Property or the Lender's right to enforce its
security, then the Lender may, at its option, make any appearances,
disburse any sums and take any a~tions as may be necess~y or
desirable to protect or enforce the security of this Mortgage or to
remedy the failure of the Borrower to perform its covenants
(without, however, waiving any default of the Borrower). The
Borrower agrees to pay all reasonable out-of-pc3ket expenses of the
Lender thus incucred (including but not l_.~ited to fees and
disbursements of counsel). Any sums disbursed by the Lender will be
additional indebtedness of the Borrower secured by th}s Mortgage,
will bear interest at the highest rate allowed by law, and will be
payable by the Borrower upon demand. This paragraph will not be
construed to req. uire. the Lender to incur any expenses, make any
appearances, or take any actions.
10. Ins~ection . Mortgaged Property. Lender and any persons
authorized by Lender shall have the right at any time, upon
reasonable notice to Borrower, to enter the Mortgaged Property at a
reasonable hour to inspect and photograph its conditions and state
of repairs.
11. Security Agreement. This Mortgage constitutes a Security
Agreement with respecf to all personal property in which Lender is
granted a security interest thereunder, and Lender shall have all of
the rights and remedies of a secured party under the Florida Uniform
Commercial Code as well as all other rights and remedies available
at law or in equity. Borrower hereby agrees to execute and deliver
on demand and hereby irrevocably co, rtitutes and appoints Lender the
attorney-in-fact of Borrower, to execute, deliver and, ~f
appropriate, to file with the appropriate filing officer or office
such security agreements, financing statements, continuation
statements or other instruments as Lender may reguest or require in
order to impose, perfect or continue the perfection of, the lien or
security interest c~eated hereby. Upon the occurrence of any
default hereunder, Lender shall h.~';e the right to cause any of the
Mortgaged Property which is personal property and subject to the
security interest of Lender hereunder to be sold at any one or more
p~blic or private sales as permitted by applicable law, and Lender
shall further have all other rights and remedies, whether at law, in
equity, or by statute, as are available to secured creditors under
applicable law. Any such disposition may be conducted by an
employee or agent of Lender. Any person, including both Borrower
and Lender, shall be eligible to purchase any part or all of such
property at any such disposition.
Expenses of retaking, holding, preparing for sale,
selling or the like shall be borne by Borrower and shall include
Lender's attorneys' fees and legal expenses. Borrower upon demand
-5-
N,q ' '~ ri u, r.: n n ~, ~
· ' UR BOOK PA6E
of Lender shall assemble such personal proper ty and make i t
available to Lender at the Premises, a place which is hereby deer. ed
to be reasonably convenient to Lender and Borrower. Lender shall
give Borrower at least five (5) days prior written notice of the
time and place of any public sale or other disposition of such
property or of the time of or after which any private sale
other intended disposition is to be made, and if such notice i~rs~n~{
to Borrower, as the same is provided for the mailing of notices
herein, it is hereby deemed that such notice shall be and is
reasonable notice to Borrower.
12. Condemnation:
A. In the event of any condemnation or taking of any
substantial part of the Mortgaged Property by eminent domain,
alteration of the grade of any street, or other in3ury to or
decrease in the value of the Mortgaged Property by any pu~)lic or
quasi-public authority or corporation, all proceeds (that is, the
award or agreed compensation for the damages sustained) allocable to
Borrower shall be, in the event of a default hereunder, applicable
first to accrued interest and the balance to principal. No
settlement for damages sustained shall be maae by Borrower without
Lender's pr]or written approval. Borrower shall continue to pay
installments of principal and interest and other charges until
payment of the proceeds shall have been received by Lender in the
full amount secured hereunder. All of such proceeds shall be
applied in the order and in the amounts that Lender, in Lender's
sole discretion, may elect, to the payment of principal (whether or
not then due and payable), interest or any sums secured by this
Mortgage, or toward payment to Borrower, on such reasonable terms as
Lender may specify, to be used for the sole purpose of altering,
restor~,.g or rebuilding any part of the ~ortgaged Land wh3ch may
have been altered, damaged or destroyed as a ~esult of the taking,
alteration oi grade"Or other injury to the Mortgaged Land.
B. If prior to the receil-c of such proceeds by Lender
the Mortgaqed Property shall nave been 3old on foreclosure of this
Mortgage, Lender shall ha~e the right to receive th~ proceeds of
such foreclosure sale to the extert of:
(]) any deficiency found to be due to Lender in
connection w~th the foreclc~.ure sa!e, with legal
thereon, and
(ii) reasonable counsel fees, costs and
d~sbursements incurred by Lender in connection with collection
of the proceeds and the proc~dinqs to establish the deficiency.
C. If the amount of the initial award of damages for
the condemnation is insufficient to pay in full the indebtedness
secured hereby with interest and other appropriate charges, Lender
shall have the right to prosecute at trial and on appeal to final
determination or settlement on appeal or other appropriate
proceedings in the name of the Lender or Borrower, for which Lender
~[s here~y appointed irrevocably as attorney-in-fact for Borrower,
which appo~ntmen t, being for security, is irrevocable. In that
event the expenses of the proceedings at trial and. on appeal,
including reasonable counsel fees, shall be paid first out of the
proceeds, and only the excess, if any, paid to the Lender shall be
credO-ted against the amounts due under this Mortgage.
D. Nothing herein shall limit the rights ~therwise
available to Lender, at law cr in equity, including the right to
intervene as a party to any condemnation proceeding.
13. Interest Rate. Notwithstanding any provision contained
in this Mortgage or in the Promissory Note secured hereby, nothin5
contained therein shall be construed or shall operate as to require
the Borrower, or auy person liable for the payment of the loan to
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001,'t05 ,"]PO~ 76
OR 800K PAGE
pay interest ir, an amount or at a rate greater than the highest rate
permissible under the laws of the State of Florida. Shoulu any
interest or other charges paid by the Borrower, or any pacti~s
liable for the payment of the loan result in the computation or
earning of interest in excess of the highest rate permissible under
applicable law, then any and all such excess shall be and the hume
is hereby waived by the holder hereof, and all such excess shall be
automatically credited against and an reduction of the principal
balance and any portion of said excess which exceeds the principal
balance shall be paid by the holder hereof to the Borrower and any
parties liable for the payment of the loan made pursuant to the
Promissory Note.
ARTICLE II
EVENTS OF DEFAULI~
The Borrower will be in default under this Mortgage if:
(l) The Borrower fails to make any payment required by the
Promissory Note or any Future Advances, and does not cure the same
:-;ithin 15 days after written notice from the Lender; Or
(2) The Borrower fails to perform any other covenant
contained in this Mortgage, and does not cure the same within the
period of time, if any, that the Lender may elect in its discretion
to grant in writing to the Borrower to cure that failure; or
(3) The Borrower terminates or suspends its business, or
permits an att~.chment or judicial seizure o~ any substantial part of
its assets; or
~ ;) The Borrower~ or any general partner o'r joint venturer of
the Borrower having &n interest in any .of the Mortgaged i~roperty 9f
the Borrower, files a petition in bankruptcy or for an arrangement,
reorganization o~ any other form of debtor r-lief under any present
or future law relating to bankruptcy or oebtor relie¢, or such a
petition is filed against the Borrower, or agains, any general
partner ur joint venturer of the Borrower having an interest in any
of the Mortgaged P~operty and the Borrower does not oppose that
filing or the petition is not dismissed within 60 d. 's after filing,
or the Borrower makes an assignment for the benefito~ its creditors;
o?
(5) A default occurs under any agreement which guarantees any
part of the inde~tedness or obligations secured by this Mortgage; or
[6..~ ~.'~, general partner or joint ;enturer of the Borrower
havin~; an interest in any of the Mortgaged Property terminates or
materially alter~ its relationship with the Borrower without the
prior written consent of the Lender; or
[7) Any representation or disclosure made to the Lender by
the Borrower or by any guarantor of any indebtedness or obligations
secured by this Mortgage proves to be materially false or misleading
on the date as of which made, whether or not that representation or
disclosure appears in this Mortgage; or
(8) Any other event occurs which, under the Note referred to
above or under any other aqreement of the Borrower relating to the
Loan, constitutes a default by the Borrower or gives the Lender the
right to accelerate the maturity of any part of the indebtedness
secured by this Mortgage.
ARTICLE III
REMEDIES
1. Upon the happening of any Event of Default, this
conveyance will b~come absolute and the entire unpaid balance of the
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· ~ -- '-- II I Ill .............. ~ ...... -- ' "" '.
principal, the accrued ~nterest and all other sums due he~eunoer, or
under the Loan Documents, and secured by this Mortgage shall become
~mmediately due and payable, at the option of Lender, without nct~ce
or demand, except as to suc~. notices specifically requi~ed here~n.
2. When the entire indebtedness shall become due and
payable, e~her because of maturity or because of the occurrence of
any Event o~ ~fault, o~ otherwise, then forthwith:
A. For eclos~fe: Lende. ~y institute an action to
foreclose this Mortgage against the Mortgaged Property or take such
other action at law or ~n ~uity for the enforcement of this
Mortgage and realization on the mortgage security or any other
security herein or elsewhere provided for, as the law may allow, and
may proceed thereia to final judgment and execution for the entire
unpaid balance of the pr inc~ pal debt, with interest at the rate
stipulated in any pertinent promissory note to the ~ate of ~efault,
and thereafter at the default rate stipulated in any sa~d note to
the date of the default, together with all other sums ~ue irom
Borrower in accordance with the provisions of any said note and this
Mortgage, including all sums which may have been loaned Dy Lende~ to
Borrower prior to or after the date of this Mortgage, and all sums
which may have been advancec by Lender for taxes, water or sewer
rents, charges or claims, pa ~ents on p~ ior liens, insur a~ce or
repairs to the Mortgaged Land, all costs of suit, together with
interest at such default rate o~ any judgment obtained by ~nder
from and after the date of any foreclosure sale u.t~l actual payment
~s J/de as to the full amount due ~ndec, plus reasonable attorneys'
fees for collection, or Lender may seek and obtain . ,reclosure only
as to the sum past due with interest and costs, as above pr %'.dod,
without injury to this Mortgage or the displacement or Dairment of
the reminder of the lien thereof, and at such foreclosur~ sale the
Mortgage Land shall be sold subject to all remaining items cf
indebtedness and ~n~er ~y again foreclose, in' ehe same~nner,.as
often as there ~y be any sum pa~t due. In the event Lender is the
~rchaser at the foreclosure sale of the Mortgaged ~nd which is the
subject of th~s Mortgage, Lender may, at its option and In its sole
and absolute discretion, assume all rights (but not the obligation
unless consented to by Lender) as owner of the Mortgaged Land,
including the right to assume all rights and privileges of any
develo~r thereof; or
B. Possession: Lender ~y enter into possession of
the Mortgaged Pro~rty With or without legal action, collect
therefrom all rentals (which term shall include sums ~yable for use
and oc~pat~on) and, after deducting all costs of collection and
a~fnistratfon expenses, apply the net rentals to any or all of the
roll.lng fn such order and amounts as Lender, in the Lender's sole
d~scretion, may elect: the ~ent of taxes, water and sewer
ex.rises, rents, chazg=s and clai~, ~nsurance premiums and all
other ~rryfng charges, the completion of construction of the
buildings and improvements of the Mortgaged Pro~rty, the
~fntenance and repair or restoration of the Mortgaged Pro~rty; and
on account and in reduction of the principal or interest, o: both,
hereby secured. In and for that put.se ~rrower hereby assigns to
Lender all rentals due and to become due under any pro~rty lease or
leases or rights to use and occupation of the Mortgaged Pro~rty
hereafter c~eated, as well as all rights and remedies provided
such a ]ease or leases or at law or in ~uity for the collection of
the rentals; or
C. Receiver: Lender, as ~tter of strict ~ight,
without regard to the vlaue of occupancy of the security or the
solvency of Borrower or any Guarantor shall be entitled as a matter
of right, if it so elects, to the appointment of a receiver to enter
u~n and take ~ssession of the Mortgaged Pro~rty and to collect
all rents, revenues, issues, inco~, products and profits thereof
and appl~.' the same as the court may direct. Borrower hereby
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~ii305 Itl)O,', 78
OFt BOOK PAC-E
s~ciftcally waives the right to object to the appointment of a
receive_' as aforesaid and hereby expressly consents that such
appointments shall be made as an admitted equity and that the same
may be done without notice to Borrower. 7he receiver shall gave all
rights and power.~ permitted under the laws of the State of Flcrioa
iS located and such other powers as the court making such
appointment shall confer. The expenses, including receiuer's ~ees,
attorney's fees, costs and agent's compensation, incurred pursuant
to the powers herein contained shall be secured by this Mortgage.
The right to enter and take possession of and to manage and operate
the Mortgaged Land, and to collect the rents, issues and profits
thereof, whether by a receiver or otherwise, shall be cumulative to
any other right or remedy hereunder or afforded by law, ano may be
exercised concurrently therewith or independently thereof. Lender
shall be liable to account only for such rents, issues and grofits
as are actually received by Lender. Notwithstanding the appointment
of any receiver or other custodian, Lender shall be entitled as
pledgee to the possession and control of any cash, deposits, or
instruments at the time held by, or payable or deliverable under the
terms of this Mortgage to Lender.
3. Lender shall have the right, from time to time, to bring
an appropratie action to recover any sums requ. ed to be paio by
Borrower under the terms of this Mortgage, as they become due,
without regard to whether or not the principal indgbteoness oF .'.ny
other sums secured by the Note and this Mortgage shall be du~0 a~d
without prejudice to the right of Lender thereafter t? bring an
action of mortgage foreclosure, or any other action, for any default
by Borrower existing at ~he time the earlier action was commenced.
4. Lender shall have the power and authority to institute
and maintain at any time and from time to time any suits and
proceedings . as .... Lende~r may deem adv. isab!e ri) to prevent any
impairment of the Mortgaged Land by any acts which may be unlawful
or any violation of this :~.ortgage, (ii) to preserve or protect its
interest in the Mortgaged Property, and (iii) to restrain the
enforcement of or compliance with any legislation cr other
governr ntal enactment, rule or order that may be unconstitutional
oz otherwise invalid, if the enforcement of or compliance with such
enactment, rule or order might impair the secur:_ty hereunder o[ be
prejudicial to Lender's interest.
5. Any real estate sold pursuant to any writ of execution
issued on a Judgment obtained by virtue of the Promissory Note
secure] by this Mortgage, or pursuant to any ocher judicial
preceedings under this Mortgage or the Promissory Note, may be sold
in one parcel, as an entirety, u,_ in such ~arcels, and in such
manner or order as Lender, in its sole discretion, may elect. Upon
any such foreclosure sale, Lender may bid for and purchase the
Mortgaged Property and, upon compliance with the terms of sale, may
hold, retain, possess and dispose of such Mortgaged Property in its
own absolute right without further accountability. Lender is hereby
---~thorized, at its option, to conduct any such foreclosure sale
subject to the rights of any tenants of the Mortgaged Property and
the failure to make any such tenants parties defendant to any su.-h
foreclosure proceedings and to foreclose their rights will not be,
nor be asserted by Dorrower to be, a defense to any proceedings
instituted by Lender to collect the sums secured hereby.
ART ICLE IV
MISCELLANEOUS
1. The invalidity or unenforceability of any one or more
provisions of this Mortgage will in no way affect any other
provisions.
2. The rights and remedies of Lender as provided in the
Note, this Mortgage and every Loan Document, shall be cumulative and
-10-
C0i305
BOOK P~,,GE
concurrent; may be pu[sued separately, successively or together
against Borrower o~ against the Mortgaged Property, or both, at the
sole discretion of Lender, and may be exerc!sea ds often as occasion
therefor shall arise. The failure to exercise any such right or
remedy shall in no event be construed az a waiver or release thereof.
3. Any failure by Lender to insist upon strict perfo~munce
by Borrower of any of the terms and provisions of this Mortgage, the
Note, or the Loan Documents, shall not be deemed to be a waiver of
any of the terms or provisions thereof, and Lender sha].l have the
right thereafter to iDsist upon strict performance by Bor[ower of
any and all of them.
4. Neither Borrower, Guarantor, nor any other persons now or
hereafter oblitated for payment of all or any part o! the sums now
or hereafter secured by this Mortgage shall De relieved of such
obligation by reason of the failure of Lender to comply with any
request of Borrower, Guarantor, Co-maker or of any other person so
obligated, to take action to foreclose on this Mortgage or otherwise
enforce any provisions of the Mortgage, Note, or any other Loan
Document or by reason of the release, regardless of consideration,
of all or any part of the security held for the indebledngsg secured
by this Mortgage, or by reason of any agreemen~ or ~tipulation
between any subseguent owner of the Mortgaged Property and Lender
extending the time of payment or modify~_ng the terms of the Note, or
an.u other Loan Document and Lender shall not be obli.~at~d to obtain
the consent of Borrower, Guarantor, Co-maker, or such other person;
and in the latter event Borrower, Guarantor, Co-maker and all such
other person- shall continue to be liable to mTke payments according
'~ the terms of any such extension or modification agreement, unless
expressly released and discharged in writing by Lender.
5. Lender may release, regardless of consideration, any part
ul the security held for-the indebtedness secured by this Mortgage
without, as to the remainder of the security, in any way impairing
or affecting the lien of this Mortgage or its priority over any
subordinate lien
~. Fo~ r~me~t of the indebtedness secured hereby, Lender
may resort to any other security therefor held by Lender in such
order and ~nner as Lender may elect.
7. Pursuant to Flori~.u Statutes Section 697.04 (1985) this
Mortgage shall secure not only the existing indebtedness evidenced
by the Note, but also such future advances as may be made by Lender
to Borrower in accordance with the Note, this Mortgage Or any other
Loan Document, whether or not such advances are obligatory or are to
be made at the option of Lender, or otherwise, as are made within
twenty (20} years from t|~e date hereof, to ~he sam~_ extent as if
such future advances were made on the date of the execution of this
Mortgage, and all obligations arising under any other loan documents
pertaining thereto and the total a~unt of indebtedness that shall
be so secured ~)y this Mortgage may decrease or increase from time to
time, provided that the total unpaid balance so secured at any =ime
shall not exceed a principal amount of Eight Hundred Thousand and
No/100 Dollars (~800,000.00), Flus interest thereon and plus any
disbursements made for the payment of taxes, levies or insurance on
the property covered by the lien of this Mortgage, together with
interest on such disbursements.
8. The Borrower agrees to p~y the Lender a reasonable
charge, not to exceed the maximum allowed by law, for giving any
statement of the status of the obligations secured by this Mortgage.
9. All notices ~iven under this Mortgage must be in w. riting
and will be effectively served upon personal delivery or, if mailed,
upon date of receipt of first class or certified United States mail,
Dostage prepaid, sent to the Lender at 4301 Gulfshore Blvd. North,
Naples, Florida 33940, and sent to Borrower at the address appearing
00t305 000~,30
below Borrower's signature, which addresses may be changed by
written notice.. However, th~ service of any notice of default or
notice of sale under this Mortgage as required by law will,
m~iled, be effective on the date of mailing.
10. The Lender's consent to any act or omission by the
Borrower will not be a cnnsent to any other or su~ sequent act or
omission or ~ waiver of the need for such consent in any future
other instance.
11. The terms of :hJ~ Mortgage trill bind and benefit the
heirs, legal representatives, sdccessors anH assigns of the Borrower
and the Lender. If the Borrower consists of mote thaP o-'e person or
entity, each will be j¢intly and severally liable to perform the
obligations of ~he Borrower.
12. The Mortgage will be governed by Florida law.
ARTICLE V
DUE-ON-SALE
If all or any part of the Mortgaged Prope.t¥ or an interest
therein is sold or transferred by Borrower witLou~ Lender's prior
written consent Lender may at Lender's option, decl&re all the sums
secured by this Mortgage to be immediately due and payable. Lender
shall have waived such option to accelerate if prior to the sale or
transfer Lender and the person to whom the Property is to be sold or
transferred reach agreement in writing that the credit of such
person is ~atisfactory to Lender and that the interest payable on
the sums secured by this Mortgage shall be at such rate as Lender
shall request.
IN W~NES~'WHERE~F""=h~' ,aid Borrower hereunder sets his hand
and seal on the day and year first above written.
Signed, sealed and delivered
in the presence of:
Commercial DeveloE:m)ent Com~ny
a Florida General Partnership, By
a General Partner, Executive
Development Corporation, a florida
By: ~ President
(SEAL)
-12-
Comercial D~velopment Company, a
Florida General Partnership, By a
Gene£al Partner, ]mper{al Homes,
I~~Orporatton
Ra~nd 8ernier, President
(SEAL)
[ADDRESS]
STATE OF FLORIDA
COUNTY OF COLLIER
OR BOOK PAGE
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CFRTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County afo£esai~ to
take acknowledgments, personally appeared Phillip Lewallen,
Preside:.t of Executive Development Corporation, a FJorida
Corporation, a C-ene:al farther ~f Commercial Development Company, a
F!orlda General Partnership as described in the foregoing instrument
and that he acknowledged executing the same under authority vested
in biz by said corporation and that the seal affixed thereto is the
seal of said corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this ..~& day of _ c'~ ~. , 1987.
Notary Public ,.;' -...
My Com. ',sion Expires:_:.ff/-~/-~ -..
-.""7,_; ' ,:.
.'..,: . ~.; .,', :-
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid ~d in the County aforesaid to
take acknowledgments, personally appeared Ra ymon c7 Bet nier, as
President of Imperial Homes, Inc., a Florida Corporation, a General
Partner of Commercial Development C~mpany, ~ Florida General
Partnership, as described- in the foregoing instrument and that -he
acknowledged executing the same under authorit'_, vested in him by
said corporation and that the seal affixed thereto is the seal of
said corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this ~ day of O~ , 1987. .'..
Notary PUb c ,~,'~." ."'
~ Co~ission Expire~ t i/~.~'~ .~,:~..
.:~.- .' ~: ~ ~ ~ '-~,,'
This instrument prepared by:.
KAT~EEN C. PASSI~MO, ESQ. '-.. '.,.,
800 ~urel ~k Drive, Suite
~ples, Florida 33963
2527R
-13-
The North 920 Feet of the Southwest one-Quarter (Sw 1/4) of
the Southeast one-Quarter fSE 1/4), lying West of the Atlantic
Coast LAne Railroad Right-of-Way, located in Section 10,
Township 48 South, Range 25 East, situate, lying and being in
Collier Count*, Florida.
SUBJE~To TO real es~.at-e taxes for the year 1987; oil, gas and mineral
in~ere~ o~ record, if any; and easements and restrictions common to
~h~ property.
EXHIBIT "A" TO THAT CERTAIN MORTGAGE DATED OCTOBER 26,
1987, BETWEEN CO~q~ERCIA! EVELOPMENT COMPANY, MORTGAGOR,
AND RICHARD E. KLINGLER AND PAULINE P. KLINGLER, MORTGAGEE
~OLLIEH COUNI'Y rLC~IOA
011391Z~, m~c-? ,~e:5~,
COLLIER COUNTY RECORDED
MORTGA.GE~ ASSIGNMENt' OF RENTS AND SECURITY AGREEMENT
THIS MORTGAGE INDEN'i't)RE, e~ecuted this .ll~ day of
A.D., 1987, by Commercial DeveloFment Co~.pany, a Florida General
Partnership, hereinafter called the Borrower, which term as used in
every instance shall include the Borrower's heirs· executors,
administrators, successors, legal representatives and assigns·
either voluntary by act of the parties or involuntary by operation
of law and shall denote the singular and/or plural, and the CD
masculine and/or feminine and natural and/or artificial persons,
whenever and wherever the context so requires or ad~.its, parties o~ co
the first part, and Richard E. Klingler and Pauline P. Klingler,
husband and wife as ~'enants by the fntireties, hereinafter called ~ co
the Lender, which term as us{d in every instance shall include the
Lender's successors· legal representatives and assigns, party of the
second part.
Le.~ der is loaning to Borrower the sum of ~240,000.00
(hereinafter referred to as "Loan").
That for 9ood and valuable consideration, and to secure the
payment of the "Loan" and the Promissory ~ote of even date herewith,
together with interest thereon and all other sums of money secured cD
hereby as hereinafter ~rovided, the Borrower do~s grant, bargain,_.O cD
sell, alien, remiss, release, convey and confirm unto the Lender, in~;. ~
fee simple, the following described property, of which the BorrowerQ'~ ~
is now seized and possessed, and in actual ~ssession, htreinafter~7 --4
referred to as the "Mortgaged Property", to-wit: ~
-(A) - SEE ATTACHED EXRIBIT "A" ~ ' ~ "
(B) All present and future structures, buildings,
improvements, appurtenances and fi xtur es of any kind on the
property, including but not limited to all apparatus, equipment and
applfances used in connection with the operation or occupancy,
facilities used to provide any utility services, refrigeration,
recreation or other services on the property, and all window
c~verings, drapes and rods, carpeting and floor coverings, it being
intended and agreed that all such items will be conclusively
considered to be a part of the real property encumbered by this
Mortgage, whether or not attached or affixed to the property (the
· improvements· ).
{C) A/1 appurtenances of the property and all rights of the
Borrower in and to any streets, roads or public places, easements.or
rights of way, relating to the property.
(D) All of the rents, royalties, profits and income of the
property, and all rights of the Borrower under all present and
future leases affecting the property, including but not limi.ed to
any se~rity deposits.
(E) all proceeds and claizs arising on account of any damage
to or taking of the property or any improvements thereon or any part
thereof, and all causes of action and recoveries for any loss or
diminution in the value of the property or any Improvements.
The Borrower also hereby grants to the Lender a security
interest in all of the following described property, whether now or
hereafter existing, and in which the Borrower now has or hereafter
obtains any right, title, estate or interest:
(F) All goods located cn the property and used in the
operation or occupancy of the property or in any construction on the
property but which are not effectively made real property under
Clause (B) above, including but not limited to all appliances,
office equipment computers, furniture and furnishings, building
service equipment, and building materials, supplies and equipment.
, OR BOOK . '
use of the property, including but not limited to all governmental
permits relating to construction on the property, all names under or
by which the property or any imp' )vements on the property may be at
any time be operated or known.
(H) All shares of stock or other evidence of ownership of any
part of the property that is owned by the Borrower in common with
others, and all documents of membership in any owners' or members'
association or similar group having responsibility for manasing or
operating any part of the property.
This instrument secures:
(1) Payment and performance of the Borrower's indebtedness
and obligations under the Promissory Note of even Cate herewith
evidencing the aforesaid Loan (herein referred to as the "Note"),
including all extensions, renewals and modifications o'f of the ~ote.
(2) 7he payment and performance of the Borrower's obligations
under this Mortgage.
(3) The payment of all sums advanced or paid out by the
Lender under any provision of this Mortgage or to protect the
security of this Mortgage.
(4) The payment of the principal and interest on all other
future loans or advances ~de by the Lender to the Borrower (or any
successor in' interest to the Borrower as the owner of all or any
part of the Mortgaged Property) when the promissory note evidencing
the loan or advance specifically states that it is secured by this
Mortgage ("F~ture Advances"), including all extensions, renewals and
m0dif%cations of any Future Advances.
{5) The payment and performance of the Borrower's obligations
un,er all present and future agreements executed by the Borrower in
favor of the Lender and relating to the Note.
TO I~AVE AND TO HOLD the above described Mortgaged Property unto
the Lender, its successors and assigns forever.
The Borrower hereby covenants with the Lender that the Borrower
is indefeasibly seized with the absolute and fee simple title to
said Mortgaged Property, and has full power and lawful authority to
sell, convey, transfer and mortgage the same; that it shall be
lawful at any time hereafter for the Lender to peaceably and quietly
emlter upon, have, hold, and enjoy said property, ano every part
thereof; that said property is free and discharged from all liens,
encumbrances, and claims of any kind, including taxes and
assessments; and that the Borrower hereby fully warrants unto the
Lender the title to said property and will defend the same against
the lawful claims and demands of all persons whomsoever.
NOW, TBEREFORE, the condition of this mortgage is such that if
the Borrower shall ~;ell and truly pay unto the Lender, the Loan as
hereinbefore referenccd, together with interest as set forth in the
Prom:[ssory Note secured hereby, and shall perform, comply with and
abide by each and every one of the stipulations, agreements,
conditions and covenants contained and set forth in this Mortgage
and in the Promissory Note, then this Mortgage and the estate hereby
created shall cease and be null and void.
ARTICLE
COVENANTS OF MORTGAGOR
To protect the security of this Mortgage, the Borrower agrees:
1. Payment and Performance. Borrower shall pay to Lender,
in accordance with the terms of the Promis~o~r~y~., .~.Q~e~. and this
Received $ ~3nc,.;r~en,a.% -..~- ..... (j}~-L.~ "C" '.:~
CCLLIER COIJN~ ~LE~ OF COURTS 7~-7~
Mortgage, the principal and interest, ana other suns thereJ~4~
forth, and shall perform and comply with all the agreements,
conditions, covenants, provisions and stipulations of the Promissory
Note .and this ~ortgage and any lc .. documents incident thereto, the
terms of which are respectively in orporated herein by reference·
2. Insurance.
A. To maintain in force on the hortgaged Property
hazard insurance, public liability insurance and any other insurance
required by law. The insurance policies must be approved by the
Lender as to amount, form, deductibles and insurer, and must cover
all risks Lender requires. ~ith respect to public liability
insurance, Lender shall be named as an additional insured, and as to
Lender such insurance shall be primary and Lender may carry. ~he
hazard insurance policy must contain a standard mortgagee clause
making all losses payable to the Lender and containing cancellation
provisions satisfactory to the Lender. The hazard insurance policy,
together with receipts for the payment of premiums, is to be
delivered to and held by the Lender. Ail renewal and replacement
policies must be delivered to the Lender at least 15 days before
expiration of the old policies. Approval of any insurance by the
Lender will not be a representation of the solvency of any insurer
or the sufficiency of any amount of insurance.
B. If the insurance, or any part thereof, shall expire
or be withdrawn, or become void or unsafe by Borrower's breach of
any condition thereof, or become void or unsafe by reason of the
failure or impairment of the capital of any company resulting in the
insurance becoming unsatisfactory to Lender, Borrower shall place
new insurance on the Mortgaged Property satisfactory to Lender. If
Lender beco;~s the owner of the Eortgaged Property or any part
thereof as a- result of the foreclosure or otherwise, such policies,
including all right, title and interest of the Borrower thereunder,
shall become the absolute property of the Lender.
C. Ail insurance proceeds on the ~ortgaged Property,
and all causes of action, claims, compensation, awards and
recoveries for any damage, conde=~ation or taking of all or any part
of the Mortgaged Property or for any damage or injury to it or for
any loss or diminution in value of the ~ortgaged Property, are
hereby assigned to and shall be paid to the Lender. In the event of
a loss, Borrower will give immediate notice thereof to Lender, and
Lender may submit proof of loss if not made promptly by Borrower.
The Lender may participate in any suits or proceedings relating to
any such proceeds, causes of action, claims, compensation, awards or
recoveries and may Join with the Borrower in adjusting ~n? loss
covered by insurance. The Lender will apply any sums received by it
under this paragraph first to the payment of all of its costs and
expenses (including but not limited to legal fees and disbursements)
incurred in obtainin9 those sums, and then, in its absolute
discretion and without regard to the adequacy of it~ security, to
the payment of the indebtedness and obligations -e~red by this
Mortgage or to the Borrower for restoration or repair of the
~ortgaged Property under the Lender's prescribed disbursement
control procedures.
3. Taxes and Other Charges.
A. The Borrower agrees to pay when due and payable
before any interest, charge or penalty is due thereon, without any
reduction or abatement, all taxes, assessments, levies, liabilities,
obligations, encumbrances, water and sewer charges and all other
charges or claims of every nature and kind which may be imposed,
placed, assessed, levied or filed at any time against Borrower, the
Mortgaged Propert~ or any part thereof or against the interest of
Lender therein, or which by any present or future law may have
priority over the indebtedness secured hereby.
001313 00117~
B. Lender may, at any tP2 I~aq~r Borrower has be~e~,G~
default hereunder, regardless of whether such default was
s ubseguen fly cured, require Borrower to pay to Lender, monthly
installments in an amount equal ~7 1/12th of the annual insurance,
real estate, water and sewer c~ ~es, charges or claims, which at
any time may or become a lien L~n the Mortgaged Pro~rty, and on
demand from time to time Borrower shal~ pay to Lender any additional
sums necessary to pay the premiums and other items, all as estimated
by Lender~ the amount so paid shall be security for the premiums and
other items and shall be used in ~ayment thereof if Borrower is not
otherwise in default hereunder. No amount so paid shall be deemed
to be trust fund, but may be commingled with general funds of the
Lender, and no interest sha~l be payable thereon. It, pursuant to
any provision of this mortgage, the whole amount of the unpaid
principal debt becomes due and payable, Lender shall have the right,
at its election, to apply any amount so held against the entire
indebtness secured hereby.
4. Liens.
A. Without the prior written consent of the Lender,
which consent Lender will not unreasonably withhold, Borrower shall
not create or cause or permit any lien on, or security interest in
the Mortgaged Property or any portion thereof, whether junior or
senior to the lien of this Mortgage. If any mechanics' liens or
claim of mechanics' lien shall be filed against the Mortgaged
Property or any portion thereof or any interest therein by reason of
work, labor, services or material supplied or claimed to have been
supplied and if such mechanics' lien or claim of mechanics' lien is
not fully and finally discharged as a lien against the Mortgaged
Property or fully and finally transferred in accordance with all
applicable requirements of the florida's Mechanics' Lien Law from a
lien against the Mortgaged Land to a lien against other security
posted' by- Borr6~eY" ~if'hin 10--d~s~'~fter such mechanics' lien or
claim of lien shall have been filed, then Lender, at its option,
may: {a) upon written notice to Borrower pay and discharge the
lien, in which case the sum which Lender shall have advanced shall
be due immediately from Borrower to Lender~ shall be secured hereby;
and shall bear in~{-est at the highest rate as allowed by law from
the date of paym~%t by Lender until the date of repayment, and
Lender shall be s~-cgated to any rights, equities and liens so
discharged and/or ':! treat such occurrences as an event of default
hereunder.
B. Without the prior written consent of the Lender,
the Borrower shall not encumber any interest in the Mortgaged
Property or sell~ contract to sell, lease with option to purchase,
or otherwise transfer any interest in the Mortgaged Property.
5. Further Assurances. The Borrower agrees to execute and
deliver to the Lender on demand and at Borrower's cost and expense
any documents required to perfect and continue the perfection of
Lender's security interest in the personal property of Borrower
granted by this instrument.
6. Conditional Assignment of Leases~. Rents and Profits.
A. All of the existing and future rents, royalties,
income and profits of the Mortgaged Property that arise from its use
or occupancy are hereby absolutely and presently assigned to the
Lender. However, until the Borrower is in default under this
Mortgage, the Borrower will have a license to collect and receive
those rents, royalties, income and profits. Opon any default by the
Borrower, the Lender may terminate the Borrower's license in its
discretion at any time without notice to the Borrower and may
thereafter collect the rents, royalties, income or profits itself or
by an agent or receiver. No action taken b~ the Lender to collect
any re~ts, royalties, income or profits will make the Lender a
~ortgagee-in-possession" of the Mortgaged Property, unless the
Lender personally or by agent enters into actual possession of the
001313 001175
OR BOOK PAGE
Mortgaged Property. Possession by a court-a~pointed receiver will
not be considered possession by the Lender. All rents, royalties,
income and profits collected by the Lender or a receiver will be
applied first to pay all expenses of collection, and then to the
payment of all costs of operation nd management of the Mortgaged
Property, and then to the pa lent of the indebtedness and
obligations secured by this Mortgage in whatever order the Lender
directs in its absolute discretion and without regard to the
adequacy of its security.
B. If required by the Lender, the Borrower will not
execute any leases or occupancy agreements affecting any of the
Mortgaged Property except on a form approved by the Lender.
C. ~ithout the prior written consent of the Lender,
the Borrower shall not accept prepayments of rent exceeding one
month'under any leases or occupancy agreements affecting any of the
Mortgaged Property, nor modify or amend any such leases or occupancy
agreements, nor in any manner impair the Lender's interest in the
rents, royalties, income and profits of the Mortgaged Property. ~'he
Borrower will perform a~l covenants of the lessor under any such
leases or occupancy agreements. Upon the Lender's request, the
Borrower will execute and deliver to the Lender for recordation an
assignm~nt of leases on the Lender's form.
D. If required by the Lender, each lease or occupancy
agreement affecting any of the Mortgaged Property must provide, in a
manner approved by the Lender, that the tenant will recognize as its
lessor any persom succeeding to the interest of the Borrower upon
any foreclosure Of this Mortgage.
7. Maintenance of Mortgaged Property.
A. The Borrower will -.not ~ commit any waste on the
Mortgaged Property or take any actions that might invalidate ~ny
insurance carried on the Mortgaged Property. The Borrower will
· aintain the Mortgaged Property and buildings thereon in good
condition and repair. NO Improvements may be removed, demolished or
materially altered without the prior written consent of the Lender.
No personal property in which the Lender has a security interest may
be removed from the Mortgaged Property unless it is immediately
replaced by similar property of at lease equivalent value on which
the Lender will immediately have a valid first lien and security
interest.
B. Borrower hereby represents that it is in compliance
and shall com~l~ with all restrictions of record and all laws,
statutes~ codes, ordinances, rules, regulations, resolutions, and
orders of all federal, state, municipal and other governmental and
quasi-9o~ernmental authorities and agencies relating in any way to
the Hortgaped Property.
C. If this Mortgage covers a subdivision, the Borrower
will obtain, comply with and keep in effect all present and future
armits, maps, bonds and other agreements required by applicable
ws and regulations for the lawful construction or sale of the
subdf~ision lots and units. The Borrower must also maintain an
active sales program for the subdivision, and always be in a
position to convey insurable title to the lots and units to
purchasers.
8. Financial Statements.
A. Within 45 days after 6 months of the fiscal year
and again at the end of each fiscal year o~ borrower during the term
of this Mortgage, Borrower shall deliver to Lender a statement of
gross income and expenses, showing profit and loss of surplus for
the preceding fiscal year relating to the operation of the Mortgaged
Property by Borrower, and Borrower's balance sheet as of the end of
such fiscal year, all in reasonable detail and prepared in a format
similar to those previously delivered ~ ~J~r by Borrower,
format shall be subject to Lender's approval. Borrower agree~'~-
make its books and accounts relating to the Mortgaged Property
available for inspection by Lend, ~ or its representatives u~on
request at any reasonable time.
B. The Borrower Will' promptly furnish, upon the
Lender's request, a duly acknowledged written statement setting
forth all amounts due on the indebtedness secured by this t~ortgage
and stating whether any offsets or defenses exist, and containing
such other matters as Lender n.ay reasonably require.
9. Protection of Mortgagee Interes[. The Borrower will, at
its own expense, appear in and defend any action or proceeding that
might affect the LEnder's security or the rights or powers of the
Lender or that purports to affect any of the ~ortgaged Property. If
the Borrower fails to perform any of its covenants or agreements
contained in this Mortgage, or if any action or proceeding of any
kind (including but not limited to any bankruptcy, insolvency,
arrangement, reorganization or other debter relief proceeding) is
commenced which might affect the Lender's or the Borrower's interest
in the Mortgaged Property or the Lender's right to enforce its
security, then the Lender may, at its option, make any appearances,
disburse any sums and take any actions as may be necessary or
desirable to protect or enforce the security of this Mortgage or to
remedy the failure of the Borrower to perform its covenants
(without, however, waiving any default of the Borrower ). The
Borrower agrees to pay all reasonable out-of-pocket expenses of the
Lender thus incurred (including but not limited to fees and
disbursements of counsel). Any sums disbursed by the Lender will be
additional indebtedness of the Borrower secured by this Mortgage,
will bear interest at the highest rate allowed by law, and will be
~ayable by the Borrow{r upon demand. This paragraph will~not be
construed to require the Lender to incur any expenses, make any
appearances, or take any actions.
10. Inspection of Mortgaged Property. Lender and any persons
authorized by Lender shall have the right at any time, upon
reasonable notice to Borrower, to enter the Mortgaged Property at a
reasonable hour to inspect and photograph its conditions and state
of repairs.
11. Security Agreement. This Mortgage constitutes a Security
Agreement ~ith respect to ail Personal property in which '.~nder is
granted a security interest thereunoer, and Lender shall have all of
the rights and remedies of a secured party under the Plorida Dntform
Commercial Code as well as all other rights and remedies available
at law or in equity. Borrower hereby agrees to execute and deliver
on demand and hereby irrevocably constitutes and appoints Lender the
attorney-in-fact of Borrower, to eaecute, deliver and, if
appropriate, to file with the appropriate filing officer or office
~uch security agreements, financing statements, continuation
statements or other instruments as Lender may request or require in
order to impose, perfect or continue the ~erfectlon of, the lien or
security interest created hereby. Upon the occurrence of any
defa~tlt hereunder, Lender shall have the right ~o cause any of the
Mortgaged Property which is personal property and subject to the
security interest of Lender hereunder to be sold at any one or more
public or private sales as permitted by applicable law, and Lender
shall further have all other rights and remedie=, whether at law, in
equity, or by statute, as are available to secured creditors under
applicable law. Any such disposition may be conducted by an
employee or agent of Lender. Any person, including both Borrower
and Lender, shall be eligible to purchase any part or all of such
property at any such disposition.
Expenses of retaking, holding, preparing for sale,
selling or the like shall be borne b~ Borrower and shall include
Lender's attorneys' fees and legal expenses. Borrower upon demand
OR BOOK O0 I 177
of Lender shall assemble such personal property and mak~A~
available to ~ender at the Premises, a place which is hereby deemed
to be reasonably convenient to Lender and Borrower. Lender shall
9ire Borrower at least five (5) days prior written notice of the
time and place of any public sale or other disposition ef such
property or of the time of or aftc which any private sale or any
other intended disposition is to be .sade, and if such notice is sent
to Borrower, as the same is provided for the mailing of notices
herein, it is hereby deemed that such notice shall be and is
reasonable notice to Borrower.
12. Condemnation:
A. In the event of any condemnation or taking of any
substantial part of the Mortgaged Property by eminent domain,
alteration of the grade of any street, or other in jury to or
decrease in the value of the Mortgaged Property by any public or
quasi-public authority or corporation, all proceeds (that is, the
award or agreed compensation for. the damages sustained) allocable to
Borrower shall be, in the event of a default hereunder, applicable
first to accrued interest and the balance to principal. No
settlement for damages sustained shall be made by Borrower without
Lender's prior written approval. Borrower shall continue to pay
installments of principal and interest and other charges until
payment of the proceeds shall have been received by Lender in the
full amount secured hereunder. All of such proceeds shall be
applied in the order and in the amounts that Lender, in Lender's
sole discretion, may elect, to the payment of principal (whether or
not then due and payable), interest or any su~.~ secured by this
Mortgage, or toward payment to Borrower, on such reasonable terms as
Lender may specify, to be used for the sole purposa of altering,
restoring or rebuilding any part of the Mortgaged Land which may
have been altered, damaged or destroyed as a result of the taking,
alteration of grade or other injury to the Mortgaged Land.
B. l~ prior to the receipt of such proceeds by Lender
the Mortgaged l~roperty shall have been sold on foreclosure o~ this
Mortgage, Lender shall have the right to receive the proceeds of
such foreclosure sale to the extent of:
(i) any deficiency found to be due to Lender in
connection with the foreclosure sale, with legal interest
thereon, and
(ii } reasonable counsel fees, costs and
disbursements incurred by Lender in connection ~,Ath collection
of the proceeds and the proceedings to establish the deficiency.
C. If the amount of the initial award of damages for
the conde~nation is insufficient to pay in full the indebtedness
secured hereby with interest and other appropriate charges, Lender
shall have the right to prosecute at trial and on appeal to final
determination or settlement on appeal or other appropriate
proceedings in the name of the Lender or Borrower, for which Lender
is hereby appointed irrevocably as attorney-in-fact for Borrower,
which appointment, being for security, is irrevocable. In that
event the expenses of the proceedings at trial and on appeal,
including reasonable counsel fees, shall be paid first out of the
proceeds, and only the excess, if any, paid to the Lender shall be
credited against the amounts due under this Mortgage.
D. Nothing herein shall limit the rights otherwise
available to Lender, at /aw or in equity, including the right to
~ntervene as a party to any condemnation proceeding.
13. Interest Rate. Notwithstanding any provision contained
in thin Mortgage or in the Promissory Note secured hereby, nothing
contained therein shall be construed or shall operate as to require
the Borrower, or any person liable for the payment of the loan to
001313
OR BOOt( 0 0 I I 7
pay interest in an amount or at a :ate greater-than the highest
permissible under the laws of the State of Florida. Should-
interest or other charges paid by the Borrowe~, or any parties
liable for the payment of the loan result in the com~utation or
earning of interest in excess of th~ highest rate permissible under
applicable law, then any and all -~ :n excess shall be and the same
is hereb~ waived by the holder her~f, and all such excess shall be
automatically credited against and in reduction o~ the principal
balance and any portion of said excess which exceeds the principal
balance shall be paid by the holder hereof to the Borrower and any
parties liable for the payment of the loan made pursuant to the
Promissory Note.
ARTICLE II
EVENTS O¥ DEFAULT'
The Borrower will be in default under this ~ortgage if:
(1) The Borrower fails to make any payment required by the
Promissory Note or any Future Advances, and does not cure the same
within 15 days after written notice from the Lender; or
(2) The Borrower fails to perform any other covenant
contained in this Mortgage, and does not cure the same within the
period of time, if any, that the Lender may elect in its discretion
to grant in writing to the Borrower to cure that failure~ or
(3) The Borrower terminates or suspends its business, or
~ermits an attachment or Judicial seizure of any substantial part of
its assets~ or
(4} The Borrower, or any general partner ox joint venturer of
the Borrower having an*=*in't'er-es~' i~ any of the Mortgaged PrOperty of
the Borrower, files a petition in bankruptcy or for an arrangement,
reorganization or any other form of debtor relief under any present
or future law relating to bankruptcy or debtor relief, or .~uch a
petition is filed against the Borrower, or against any general
partner or Joint venturer of the Borrower having an interest in any
of the Mortgaged Property and the Borrower does not oppose that
filing or the petition is not diseissed within 60 days after filing,
or the Borrower makes an assignment for the benefitof its creditors~
or
[5) A default occurs under any agreement which guarantees any
part of the indebtedness or obligations secured by this Mortgage~ or
(6) Any general partner or Joint venturer of the Borrower
hav~g an interest in any of the Mortgaged Property terminates or
· aterially alters its relationship with the Borrower without the
prior written consent of the Lender~ or
(7) Any representation or disclosure ma~e to the Lender by
the Borrower or by any guarantor of any indebtedness or obligations
secured by this Mortgage proves to be ~aterially false or misleading
on the ~ate as of which made, whether or not that representation or
disclosure appears in this ~ortgage~ or
{8) Any other event occurs which, under the Note referred to
above or under any other agreement of the Borrower relating to the
- noan~ constitutes a default by the Borrower or gives the Lender the
right to accelerate the maturity of any ~art of the indebtedness
secured by this Mortgage.
ARTICLE III
REMEDIES
1. Upon the happening of any Event of Default, this
conveyance will become absolute and the entire unpaid balance of the
00131~ 001
OR BOOK
principal, the accrued interest and all other sums due hereunde
under the Loan Documents, and secured by this l~ortgage shall become
immediately due and payable, at the option of Lender, without notice
or demand, except as to such notices specifically required herein.
2. ~hen the entire indebt 9ness shall become due and
payable, either because of maturity or because of the occurrence of
any Event of Default, or otherwise, then forthwith:
A. Foreclosure: Lender may institute an action to
foreclose this Mortgage against the Mortgaged Property or take such
other action at law or in equity for the enforcement of this
Mortgage and realization on the mortgage security or any other
security herein or elsewhere provided for, as the law may allow, and
may proceed therein to final judgment and execution for the entire
unpaid balance of the principal debt, with interest at the rate
stipulated in any pertinent promissory note to the date of default,
and thereafter at the default rate stipulated in any said note to
the date of the default, together with all other sun.~ due from
Borrower in accordance with the provisions of any said note and this
Mortgage, including all sums which may have been loaneo by Lender to
Borrower prior to or after the date of this ~ortgage, and all sums
which may have been advanced by Lender for taxes, water or sewer
rents, charges or claims, payments on prior liens, insurance or
repairs to the Mortgaged Land, all costs of suit, together with
intere£t at such default rate on any judgment obtained by Lender
from and after the date of any foreclosure sale until actual payment
is made as to the full amount due Lender, plus reasonable attorneys'
fees for collection, or Lender may seek and obtain foreclosure only
as to the sum past due with interest and costs, as above provided,
without injury to this Mortgage or the displacement or impairment of
the remainder of the lien thereof, and at such foreclosure sale the
Mortgage Land shall be sold subject to all remaining items of
-indebtedness and Lender may again foreclose, .in the same manner, as
cften as there may be any sum past due. In the event Lehder is the
purchaser at the foreclosure sale of the Mortgaged Land which is the
sub3uct of this Mortgage, Lender may, at its option and in its sole
and absolute discretion, assume all rights (but not the obligation
unless consented to by Lender) as owner o~ the Mortgaged Land,
including the right to assume all rights and privileges of any
developer thereof; or
B. Possession: Lender may enter into possession
the Mortgaged Property with or without legal action, collect
therefrom ali rentals (which term shall include sums payable for use
and occupation) and, after deducting all costs of collection and
ad~inistration expenses, apply the net rentals to any or all of the
following in such order and amounts as Lender, in the Lender's sole
discretion, may elect: the payment of taxes; water and sewer
expenses, rents, charges and claims, insurance premiu=~ and all
other carrying chargea, the completion of construction of the
buildings and improvements of the Mortgaged Property, the
maintenance and repair or restoration of the Mortgaged Property; and
on account and in reduction of the principal or interest, or both,
hereby secured. In and for that purpose Borrower hereby assigns to
Lender all rentals due and to become due under any property lease or
leases or rights to use and occupation of the Mortgaged Property
hereafter created, as well as all rights and remedies provided in
such a lease or leases or at law or in equity for the collection of
the rentals; or
C. Receiver: Lender, as ~atter of strict right,
witho~t regard to the vlaue of occupancy of the security or the
solvency of Borrower or any Guarantor shall be entitled as a matte~
of right, if it so elects, to the appointment of a receiver co enter
upon and take possession of the Mortgaged Property and to collect
all rents, revenues, issues, income, products and profits thereof
and apply the same as the court may direct. Borrower hereby
0013'13
ORBOOK
apecifically waives the right to object to the apoointment o:~Ga~
receiver as aforesaid and hereby expressly consents that such
appointments shall be made as an admitted equity and that the same
may be done without notice to Borro-'~r. The receiver shall have all
rights and powers permitted under .]e laws of the State of Florida
is located and such other PO¼~rs as the court making such
appointment shall confer. The expenses, including receiver's fees,
attorney's fees, costs and agent's compensation, incurred pursuant
to the powers herein contained shall be secured by this Mortgage.
The right to enter and take possession of and to manage and operate
the Mortgaged Land, and to collect the rents, issues and profits
thereof, whether by a receiver or otherwise, shall be cumulative to
any other right or remedy hereunder or afforded ky law, and may be
exercised concurrently therewith or independently thereof. Lender
shall be liable to account only for such rents, issues and profits
as are actually received by Lender. Notwithstanding the appointment
of any receiver or other custodian, Lender shall be entitled as
pledgee to the possession and control of any cash, deposits, or
instruments at the time held by, or payable or deliverable under the
terms of this Mortgage to Lender.
3. Lender shall have the right, from time to time, to bring
an ap~ropratie action to recover any su~ required to be paid by
Borrower under the terms of this Mortgage, as they become due,
without regard to whether or not the principal indebtedness or any
other sums secured by the Note and this Mortgage shall be due, and
witho~t prejudice to the right of Lender thereafter to bring an
action of mortgage foreclosure, or any other action, for any default
by Borrower existing at the time the earlier action was commenced.
4. Lender shall have the power and authority to institute
and maintain at any time and from time to time any suits and
proceedings as Lender may deem advisable (i) to prevent any
'~--=- .... impairment-of [he-Mortgaged-Land by any acts which may be unlawful
or any violation of this Mortgage, (ii) to preserve or protect its
interest in the Mortgaged Property, and (iii) to restrain the
enforcement of or compliance with any legislation or other
9overnmental enactment, rule or order that may be unconstitutional
or otherwise invalid, if the enforce=rant of or compliance with such
enactment, rule or order might impair the security hereunder or be
prejudicial to Lender's interest.
5. Any real estate sold pursuant to any writ o! execution
issued on a Judgment obtained by virtue of the Promissory Note
secured by this Mortgage, or pursuant to any other judicial
proceedings under this Mortgage or the Promissory Note, may be sold
in o~e parcel, as an entirety, or in such parcels, and in such
ma--er or order as Lender, in its sole discretion, may elect. Upon
any s~ch foreclosure sale, Lender may bid for and purchas~ the
Nortgaged Property and, upon compliance with the terms of sale, may
bold, retain, possess and dispose of such Mortgaged Property in its
ow~ absolute right without further accountability. Lender is hereby
a~thorized, at its option, to conduct any such foreclosure sale
subject to the rights of any tenants of the Mortgaged Property and
the failure to make any such tenants parties defendant to any such
foreclosure proceedings and to foreclose their rights will not be,
nor be asserted by Borrower to be, a defense to any proceedings
instituted by Lender to collect the sums secured hereby.
ARTICLE IV
MISCELLANEOUS
1. The invalidity or unenforceability of any one or more
pro~isions of this Mortgage will in no way affect any other
provisions.
2. The rights and remedies of Lender as provided in the
Note, this Mortgage and every Loan Document, shall be cumulative and
001313 001181
against Borrower or against the Mortgaged Property, or both, at the
sole discretion of Lender, and may be exercised as often as occasion
therefor shall arise. The failure to exercise any such riuht or
remedy shall in no event be construe'~ ss a wai~er or release tb-:eof.
3. Any failure by Lender to insist upon strict performance
by Borrower of any o5 the terms and provisions of this Mortgage, the
Note, or the Loan Documents, shall not be deemed to be a waiver of
any of the ter~ or provisions thereof, and Lender shall have the
right thereafter to insist upon strict performance by Borrower of
any and all of them.
4. Neither Borrower, Guarantor, nor any other persons now or
hereafter obligated for payment of all or any part of the sums now
or hereafter secured by this Mortgage shall be relieved of such
obligation by reason of the failure of Lender to comply with any
request of Borrower, Guarantor, Co-maker or of any other ~erson so
obligated, to take action to foreclose on this Mortgage or otherwise
enforce any provisions of the Mortgage, Note, or any other Loan
Document or by reason of t~e release, regardless of consideration,
of all or any part of the security held for the indebtedness secured
by th is Mortgage, or by reason of any agreement or stipulation
between any subsequent owner of the Mortgaged Property and Lender
extending the time of payment or modifying the terms of the Note, or
any other Loan Document and Lender shall not be obligated to obtain
the consent of Borrower, Guarantor, Co-maker, or such other person;
and in the latter event Borrower, Guarantor, Cc-maker and all such
other persons shall continue to be liable to make payments according
to the terms of any such extension or ~dification agreement, unless
expressly released and discharged in writing by Lender.
5. Lender may release, regardless of consideration, any part
of the security held for the indebtedness secured by this Mortgage
without, as to the remainder of the security, in any way impairing
or affecting the lien of this Mortgage or its priority over any
subordinate lien.
6. For payment of the indebtedness secured hereby, Lender
may resort to any other security therefor held by Lender in such
order and manner as Lender may elect.
7. Pursuant to Florida Statutes Section 697.04 (1985) this
Mortgage shall secure not only the existing indebtedness evidenced
by the Note, but also such future advances as may be made by Lender
to Borrower in accordance with the Note, this Mortgage or any other
Loan Doct~ment, whether or not such advances are obligatory or are to
be made at the option of Lender, or otherwise, as are made within
twenty (20) years from the date hereof, to the same extent as if
such future advances were made on the date of the execution of this
Mortgage, and all obligations arising under any other loan documents
pertaining thereto and the total amount of indebtedness that shall
be so secured by thi~ Mortgage may decrease or increase from time to
ti.me, provided that the total unpaid balance so secured at any time
shall not exceed a principal amount of Four Hundred Forty Thousand
and No/100 (4440,000.00), plus interest thereon and plus any
disb~seme~ts made for the payment of taxes, levies or insurance on
the property covered by the lien of this Mortgage, together with
interest on such disbursements.
8. The Borrower agrees to pay the Lender a reasonable
charge, not to exceed the maximum allowed by law, for giving any
statement of the status of the obligations secured by this Mortgage.
9. All notices given under this Mortgage must be in writing
and will be effectively served upon personal delivery or, if mailed,
upon date of receipt of first class or certified Dnited States mail,
postage prepaid, sent to the Lender at 4301 Gulfshore Blvd. North,
Naples, Florida 33940, and sent to Borrower at the address appearing
0r]1313 001182
OR
below Borrower's signature, which addresses may be changed
written notice. However, the service of any notice o~ default or
notice of sale under this Mortgage as reguired by law will: if
mailed, be effective on the date of mailing.
10. The Lender's consent , . any act or omission, by the
Borrower will not be a consent to any other or subsequent act or
omission or a waiver of the need for such consent in any future or
other instance.
11. The terms of this Mortgage will bind and benefit the
heirs, legal representatives, successors and assigns of the Borrower
and the Lender. If the Borrower consists of more than one person or
entity, each will be jointly and severally liable to perform the
obligations of the Borrower.
12. The Mortgage will be governed by Florida law.
ARTICLE V
DUE-ON-SALE
If all or any part of the Mortgaged Property or an interest
therein is sold or transferred by Borrower without Lender's prior
written consent Lender may at Lender's option, declare all the sums
secured by this Mortgage to be i~u~ediately due and payable. Lender
shall have waived such option to accelerate if prior to the sale or
transfer Lender and the pernon to whom the Property is to be sold or
transferred reach agreement in writing that the credit of such
person ia satisfactory to Lender and that the interest payable on
the sums secured by this hortgage shall be at such rate as Lender
shall request.
IN WITNESS W~EREOF, the said Borrower hereunder sets his hand
and seal on the day and year first above written.
Signed, sealed and delivered
in the presence of:
Commercial Development Company
a ~lorida General Partnership, 9y
a General Partner, Executive
Development Corporation, a Florida
By: ~W~'~'-
Philll~ Lewallen, President
Comercial Development Company, a
Florida General Partnership, By a
General Partner, Imperial Nomes,
Rammed Bernier, President
[ADDRESS]
001313
OR ~OOK
s~x~ oF F~,O~ID^ P~6E
CO~ OF ~LIER
I ~RESY ~IF~ that on this ~y, before e.e, an officer duly
authorized in the State aforesaid .nd in the County a~oresaid to
take acknowledgments, ~rsonally appeared Philli~ ~wallen, as
Presider of Executive ~velopment Co~ration, a Florida
Cor~oration, a General Partner o~ C~mercial Development Company, a
Flori~ G~eral Paztnership as described in the foregoing instrument
and that he acknowledged executing the same under authority vested
in him by said corporation and that the seal a~fixed thereto is the
seal of said corporation.
WITNE~ my hand and official seal in the County and State last
aforesaid this . ~ day of . ~C , 1987.
S~ATE OF FLORIDA ..~ ]
I ~X CE~IFX that on this Ay, befor{, me, an officer duly
autho~ized in the State aforesaid and in thz Coun:y aforesaid to
take acknowledgments, ~r~onally a~peared Ra~ond Bernier, as
Presider of ~rial Home~, Inc., a ~lorida Corporation, a General
Partner o{ C~meroial Development Company, a Florida General
Partnership, a~ de8oribed in the foregoing inst:ument and that he
acknowledged executing the ~ame unde~ authority vested in him by
8aLd ~ration and that the
8aid oo{~ration.
WI~B~ my hand and official ~eal in the County and State last
aforesaid this g day
This instrument prepared by:
KATHLEEN C. PA$SIDOMO, ESQ.
BAR'ERr SECREST & EMERY
800 Laurel Oak Drive, Suite 400
Naples, Florida 33963
255Ea
That portion of the Southwest Quarter (Sw 1/4)
of the Southeast Quarter (SE 1/4) of Section 10,
Township 48 South, Range 25 East, Collier Cou:~y,
Florida, lying west of the Atlantic Coast Line
Railroad right-of-way, LESS AND EXCEPT the South
50 feet and the North 920 feet thereof, and subject
to a 30 foot easement along the west line thereof
for road right-of-way purposcs.
SUBJECT TO easements, rcstrictions and reservations
of record, if any.
8 o.
2:"
COLUF...'~ qOi.,NTY RECORDED OR
~c~
,.
T"IS "~RT"GE I~TURE, executed this
A.D., 19~, by C~mercial ~velopment Ccm~ a f r~
Partnership, hereinafter called the Borrower, which term as used in
every instance shall inclu~ the Borrower's heirs, exe~tors,
administrators, successors, legal represen ~tives and assigns,
either voluntary by act of the parties or involuntary by o~ration
of law and shall denote the singular ancot plural, and the
~sculine ancot feminine and natural ancot artificial persons,
~ever ~d ~erever th~ c~text so r~uires or admits, parties of
the first part, and Richard E. Klingler and Pauline P. Klingler,
hushed and wife as Tenants by the ~tireties, hereinafter called
the Lender, which te~ as used in every ins~nce shall include the
L~der's successors, legal reFr~en~tives and assigns, party of the
se~nd part.
~n~r is loaning to Borrower the sum of ~1,200,000.00
(hereinafter referred to as
That for ~od and valuable consideration, and to se~re the
pa~t of the "~an" and the P~omissory ~te of even ~te herewith,
together with interest thereon ~d all other sums of money secured
her~y as hereinafter provided, the Bottler does grant, bargain,
sell, alien, remise, release, ~n~ey ~d confirm unto the Lender, in
fee simple, the following described Uro~r~, of which the Borrower
is n~ ~eized and ~ssessed, and in a~ual possession, hereinafter
referred to as the "Mortgaged Pro~rty", to-wit:
(A) SEE ATTAC~ED EXHIB~
(B) ~1 ~r~t ~d future structures, buildi~s,
improvements, appurtenances ~d fixtures o~ any kind on the
pro~rty, including but not li~ted to all a~aratus, ~ui~ent and
appliances us~ in connection with the o~ration or occupancy,
facflit f~ ~ed to provide ~y utility services, refrigeration,
recreation or other servi ~s om the pro~rty, and all window
coverers, drapes ~d rods, car~ting and flor coverings, it being
inten~d and a~2'eed that all such ite~ will be conclusively
co~fdered t& be a part of the real Pro~rty en~mbered by this
Mortise, whether or not attached or affixed to the pro~rty (tke
{C) ~1 appurtenances of the pro~rty and all rights of the
Bottler in ~d to any streets, r~d8 or p~lic places, easements or
rights of way, relating to the pro~rty.
(D) ~1 of the r~ts, royalties, profits and income of the
pro~rty, and all rights of the Borrower un~r all preset and
f~ture le~es affecting the pro~rty, including but no~ limited to
~y se~rity de~aits.
rE) ~1 pro~eds and clai~ arising on account of any ~mage
to or t~ng of the pro~rty or any lmprov~ent& thereon or any part
thereof, and all causes of action ~d re~veries for any loss or
dim~tfon tn the value of the pro~rty or any ~rovements.
T~ Borrower also hereby grits to the ~nder a se~rity
~ter~t in all of the foll~in9 described proart, whether now or
hereafter existing, and in which the Borrower n~ has or hereafter
~s any ~g~, title, ~te or ~ter~t:
(F) ~1 ~od8 lo~ ted on the pro~rty and us~ in the
o~ration or occupancy of the pzo~z~y or in any co, traction on the
pro~rty but which are not effectively made real pro~rty un~r
Cla~e (B) ~ove, including but not limited to all a~liances,
offi~ ~i~ent computers, furniture and fur n~hings, building
service ~ui~ent, ~d building ~terfals, sullies and ~ut~ent.
0013ZI 0O1255
OR BOOK PAGE
(G) Al! general intangib~e~ .elating to the develo~clnent or
use of the property, including but not limited ~o ali gove:nmenca!
permits relating to construction on the Property, all names under or
by which the property or any improvements on the property may be at
any time be operated or known.
(H) All shares of stock or other evidence of ownership of any
part of the property that is owned by the Borrower in convnon with
others, and all docu~.ents of membership in any owners' or members'
association or similar group having responsibility for managing or
operating any part of the property.
This illstrument secures:
(1) Payment and performance of the Borrower's indebtedness
and obligations under the Promissory Note of even date herewith
evidencing the aforesaid Loan (herein referred to as the "Note"),
including all extensions, renewals and modifications of of the ~ote.
(2) The payment and Performance of the Borrower's obligations
under this Mortgage.
(3) The Payment of all sums advanced or paid out by the
Lender under any provision of this Mortgage or to protect the
security o: this Mortgage.
(4) The payment of the principal and interest on all other
future loans or advances made by the Lender to the Borrower (or any
successor in interest to the Borrower as the owner of all or any
part of the Mortgaged Property) when the Fromissory note evidencing
the loan or advance specifically states that it is secured by this
Mortgaq. ('Future Advances'), including all extensions, renewals and
modifications of any Future Advances.
· ~ ....... (5).~---~=T- he-payment and performance of the Borrower's obi~.gatibn_~
under all present and future agreements e~cuted by the Borrower in
favor of the Lender and relating to the Note.
TO HAVE AND TO HOLD the above described l~ortgaged Property unto
the Lender, its successors and assigns forever.
The Borrower hereby covenants with the Lender that the Borrower
is indefeasibly seized with the absolute and fee simple title to
said ~ortgaged Property, and has full power and lawful authority to
sell, convey, transfer and mortgage the samel that it shall be
lawful at any time hereafter for the Lender to peaceably and quietly
e~lte~: upon, have, hold, and enjoy said property, and every part
thereofs that said property is free and discharged from all liens,
encumbrances, and claims of any kind, including taxes and
assess~ents~ and that the Borrower hereby fully warrants unto the
Le~der the title to said property and will defend the same against
the lawful claims and de~ands of all persons whomsoever.
NOW~ THEREFORE, the cc~dition of this mortgage is such that if
the Borrower shall well and truly pay unto the Lender, the Loan as
hereinbefore referenced, together with interest as set forth in the
Promissory Note secured hereby, and shall perform, comply with and
abide by each and every one of the stipulations, agreements,
conditions and covenants contained and set forth in this Mortgage
and in the Promissory Note, then th~s Mortgage and the estate hereby
created shall cease and be null and void.
in
ARTICLE I
(DVENANTS OF MORTGAGOR
TO protect the security of this l~ortgage, the Borrower agrees:
1. Payment and Performance. Borrower shall pay to Lender,
acc°rdan~= ~ ~Ith:: t~% ~ ~ t~m~ - ~of the Promissory Note and this
R'ece~ecl $ umer~ary Stamp TaX
Receiv~/,~ ,a,~,~,,~'Oo oO Clas..~.s 'C" Intangible
~' "' ' Per~:~l Property. Tax
' 001321 00125~
OR BOOK PAGE
Mortgage, the principal and inte['=..C, and other sums therein set
forth, and shall perform and comply with all the agreements,
conditions, covenants, provisions and stipulations of the Promissory
Note and this Mortgage and any loan documents incident thereto, the
ter~s of which are respectively incorporated here).n by reference.
2. Insurance.
A. To maintain in force on the Mortgaged Property
hazard insurance, public liability insurance and any other insurance
required by law. The insurance policies must be approved by the
Lender as to amount, form, deductibles and insurer, and must cover
all risks Lender requires. With respect to public liability
insurance, Lender shall be named as an additional insured, and as to
Lender such insurance shall be primary and Lender may carry. The
hazard insurance policy must contain a standard mortgagee clause
making all losses payable to the Lender and containing cancellation
provisions satisfactory to the Lender. The hazard insurance policy,
together with receipts for the payment of premiums, is to be
delivered to and held by the Lender. All renewal and replacement
policies must be delivered to the Lender at least 15 days before
expiration of the old policies. Approval of any insurance by the
Lender will not be a representation of the solvency' of any insurer
or the sufficiency of any amount of insurance.
B. If the insurance, or any part thereof, shall expire
or be withdrawn, or become void or unsafe by Borrower's breach of
any condition thereof, or become void or unsafe by reason of the
failure or impairment of the capital of any company resulting in the
insurance becoming unsatisfactory to Lender, Borrower shall place
new insurance on the Mortgaged Property satisfactory to Lender. If
Lender becomes the owner of the Mortgaged Property or any part
thereof as a result of the foreclosure or otherwise, such policies,
including all right, title and interest of the Borrower thereunder,
~hall be c6~'"t'he-ab~olu't~'~p~p~'~ty'-of the Lender.
C. All insurance proceeds on the Mortgaged Property,
and all causes of action, claiw~, compensation, awards and
recoveries for any damage, condonation or taking of all or any part
of the Mortgaged Property or for any damage or injury to it or for
any loss or diminution in value of the Mortgaged Property, are
hereby assigned to and shall be paid to the Lender. In the event of
a loss, Borrower will give immediate notice thereof to Lender, and
Leoder may submit proof of loss if not made promptly by Borrower.
The Lender may participate in any suits or proceedings relating to
any such proceeds, causes of action, claims, compensation, aw~.rds or
recoveries and may Join with the Borrower in adjusting any loss
covered by insurance. The Lender will apply any sums received by it
under this paragraph first to the payment of all of its costs and
expenses (including but not limite& to legal fees and disbursements)
incurred in obtaining those sums, and then, in its absolute
discretf~ and withou'~ regard to the adequacy of its security, to
the payment of the indebtedness and obligations secured by this
Mortgage or to the Borrower fo~ restoration or repair of the
Mortgaged Property under the Lender's prescribed disbursement
c~t rol procedures.
A. The Borrower agrees to pay when due an,~ payable
before any interest, charge or penalty is due thereon, w:.thout any
red~ction or abatement, all taxes, assessments, levies, liabilities,
abligations, encumbrances, water and sewer charges and all other
charges or clal~e of every nature and kind which may be imposed,
placed, assessed, levied or filed at any time against Borrower, the
Mortgaged Property or any part thereof or against the interest of
Lender therein, or which by any present or future law may have
priority over the indebtedness secured hereoy.
-3-
001,~21 00~257
OR BOOK PAGE
B. Lender ~ay, at ar._ time after Borrower has been in
default hereunder, regardless of whether such default was
subs equ ~ tly cured, require Borrower to pay to Lender, monthly
installments in an amount equal to 1/12th of the annual insurance,
real estate, water and sewer charges, charges or claims, %hich at
any time may or become a lien upon the Morcgaged Property, and on
demand from ti.'~ to time Borrower shall pay to Lender any additional
sums necessary to pay the premiums and other items, all as estimated
by Lender; the amount so paid shall be security for the premiums and
other iten's and shall be used in payment thereof if Borrower is not
otherwise in default hereunder. No amount so paid shall be deemed
to be trust fund, but may be commingled with general funds of the
Lender, and no interest shall be payable thereon. If, pursuant to
any provision of this Mortgage, the whole amount of the unpaid
principal debt becomes due and payable, Lender shall have the right,
at its election, to apply any amount so held against the entire
indebtness secured hereby.
4. Liens.
A. Without the prior written consent of the Lender,
which consent Lender will not unreasonably withhold, Borrower shall
not create or cause or permit any lien on, or security interest in
the Mortgaged Property or any Portion thereof, whether Junior or
senior to the lien of this M~)rtgage. If any mechanics' liens or
claim of mechanics' lien shall be filed against the Mortgaged
Property or any portion thereof or any interest therein by reason of
work, labor, services or ~aterial supplied or claimed to have been
supplied and if such mechanics' lien or claim of mechanics' lien is
not fully and fi.~ally disc~arge~ as a lien against the Mortgaged
Property or fully and finally transferred in accordance with all
applicable requirements of the Plorida's Mechanics' Lien Law from a
lien against the Mortgaged Land to a lien a~ainst other security
l~o~ted by Borrower within 10 days after such mechanics' lien or
claim of lien shall have been-filed, then Lender, at its '"o~ticn,
may: (a] upon written notice to Borrower pay and discharge the
lien, in which case the sum which Lender shall have advanced shall
be due immediately from Borrower to Lender; shall be secured hereby;
and shall bear interest at the highest rate as allowed by law from
the date of payment by Lender until the date of repayment, and
Lender shall be subrogated to any rights, equities and liens so
discharged and/or (b) treat such occurrences as an event of default
hereunder.
B. Without the prior written consent of the Lender,
the Borrower shall not encumber any interest in the Mortgaged
Property or sell, contract to sell, lease with option to purchase,
or otherwise transfer any interest in the Mortgaged Property.
5. Further Assurances. Tbs Borrower agrees to execute and
deliver to-l~h~-~n-d~--bh~a~and and at Sorrower's cost and expense
any documents required to perfect and continue the perfection of
r.e~der's security interest in the personal property of Borrower
granted by this instrument.
6. Conditional Assignment of Leases, Rents and Profits.
A. A/1 of the existing and future rents, royalties,
in¢o~ and profits of the Mortgaged Property that arise from its use
or occupancy are hereby absolutely and presently, assigned to the
Len(]er. However, until the Borrower is in default under this
]~ort~age, the Borrower will have a license to collect and receive
those rents, royalties, income and profits. UDon any default by the
Borrower, the Lender may terminate the Borrower's license in its
discretion at any time without notice to the Borrower and may
thereafter collect the rents, royalties, income or profits itself or
by an agent or receiver. No action tak~, by the Lender to collect
an~ rents, royalties, income or profits will make the Lender a
~mort qa ~ee-in-po ss es sion# of the Mortgaged Property, unless the
Le~der personally or by agent enters into actual possession of the
-4-
00~321 001258
OR BOOK PASE
Mortgaged P:operty. Possession ~', a ccurt-appointed receiver will
not be considered possession by the Lender. All rents, royalties,
income and profits collected by the Lender or a receiver will be
applied first to pay all expenses of collection, and then to the
payment of ali costs of operation and management of the Mortgaged
Property, and then to the pa ~men t of the indebtedness and
c~ligations secured by this Mortgage in whatever order the Lender
directs in its absolute discretion and without regard to the
adequacy of its security.
B. If required by the Lender, the Borrower will not
e~ecute any leases or occupancy agreements affecting any of the
Mortgaged Property except on a form approved by the Lender.
C. Without the prior written consent of the Lender,
the Borrower shall not accept prepayments of rent exceeding one
mc~th under any leases or occupancy agreements affecting any of the
Mortgaged Property, nor modify or amend any such leases or occupancy
agreements, no- in any manner impair the Lender's interest in the
rents, royalties, income and profits of the Mortgagad Property. The
Borrower will perform all covenants of the lessor under any such
leases or occupancy agreements. 0~on the Lender's request, the
Borrower will execute and deliver to the Lender for recordation an
assignment of leases on the Lender's form.
D. If required by the Lender, each lease or occupancy
agreement affecting any of the Mortgaged Property must provide, in a
manner approved by the Lender, that the tenant will reoognize as its
lessor any person succeeding to the interest of the Borrower upon
any foreclosure of this Mortgage.
A. The Borrower will not come, it any waste on the
Mortgaged =.~r.o_~erty or take any actions that might invalidate any
insurance carried on the Mortgaged Property. The Borrower will
· ain rain the Mortgaged Property and buildings thereon in good
c(33dition and repair. ~o Improvements may be removed, demolished or
materially altered without the prior written consent of the Lender.
NO perso$1al property in which the ~.ender has a security interest may
be restored from the Mortgaged Property unless it is immediately
replaced by similar property of at lease equivalent value on which
the Len¢~r will immediately have a valid first lien and security
i. ter est.
B. Borrower hereby represents that it is in compliance
and ,~ali comply with all restrictions of record and all laws,
statutes, codes, ordinances, rules, regulations, resolutions, and
orders of all federal, state, municipal and other governmental and
quasi-9overnmental authorities and agencies relating in any way to
the Nortgaged Property.
¢. If this Mortgage covers a subdivision, the Borrower
will (~3tmin, co~ply with and keep fn effect all present and future
per. its, maps, b¢~ds ~d other agree~n~ r~uired by appli~ble
laws ~d regulati~s for the lawful co~tructi~ or sale of the
8~fvision lo~ and units. The Borrower must also maintain an
active 8~ progr~ for the s~fvfsion, ~d always be in a
~s~tfon to ~nvey insur~le title to the lot= an~ units to
purch~ers.
A. Within 45 days after 6 months of the fiscal year
and again at the end of each fiscal year of Borrower during the term
of this ~ortgage, Borrower shall deliver to Lender a statement of
gross income and expenses, showing profit and loss of surplus for
the preceding fiscal year relating to the operation of the Mortgaged
Pro~rty by Borrower, and Borrower's balance sheet as of the end of
such fiscal year, all in reasonable detail and prepared in a format
-5-
... 001321 001259
OR BOOK
similar to those prev'~ously de~. ered to Lender b~ Borrower, which
format ahall be subject to Lender's approval. Bor['ower agrees
make its books and accounts relating to the Mortgaged Proper ty
available for ln~pection by Lender or its repres e% tatives upon
request at any reasonable time.
B: 'The Borrower will promptly furnish, upon the
Le~der ' s request, a duly acknowledged written statement setting
forth all amounts due on the indebtedness secured by this Mortgage
and stating whether any offsets or defenses exist, and containing
such other matters as Lender ~ray reasonably require.
9. Protection of Mortgagee Interest. The Borrower will, at
might affect the Lender's security or the rights or powers of the
Lender or that purports to affect any of the Mortgaged Property. If
the Borrower fails to Perform any of its covenants or agreements
contained in this Mortgage, or if any action or proceeding of any
kind (including but not limited to any bankruptcy, insolvency,
arrangement, reorganization or other debtor relief proceeding) is
commenced which might affect the Lender's or the Borrower's interest
in the Mortgaged Property Or the Lender's right to enforce its
security, then the Lender may, at its option, make any appearances,
disburse any sums and take any actions as may be necessary or
desirable to protect or enforo9_ the security of this Mortgage or to
remedy the failure of the Borrower to Perform its covenants
(witho~t, however, waiving any default of the Borrower). The
Borrower agrees to pay all reasonable out-of-pocket expenses of the
Lender thus incurred (including but not limited to fees and
'disbursements Of counsel)'. Any sums disbursed by the Lender will be
additional' indebtedness of the Borrower secured by this Mortgage,
will bear interest at the highest rate allowed by law, and will be
payable by the Borrower upon demand. This paragraph will not be
construed to require the Lender to incur any exPenses, make any
ap.cear~.nces, or take any acti'c~s.
10. Inspection of Mortgaged ProPerty. Lender and any persons
authorized -bi -= L~Z~ = ~i' ~1~= - ~n~ ~]~ ght at any time, upon
reasonable notice to Borrower, to enter the Mortgaged Property at a
reasonable hour to inspect and photograph its conditions and state
of repairs.
ll. S~e~,_r!ty Agreement. This ~ortgage constitutes a Security
Agreement w'i~E'.~'~l i:ersonal property in which Lender is
granted a security interest thereunder, and Lender shall have all of
the rights and remedies o~ a secured party under the Florida Uniform
C~ercial Code as well as all other rights and remedies available
at law or in equity. Borrower hereby agrees to execute and deliver
on demand and hereby irrevocably constitutes and appoints Lender the
attorney-in-fact of Borrower, to execute, deliver and, if
appropriate, to file with the appropriate filing officer or office
such security agreements, financing statements, continuation
statements or other instruments as Lender may request or require in
order to impose, perfect or c~tinue the perfection of, the lien or
security interest created hereby. Upon the occurrence of any
default hereunder, Lender shall have the right to cause any of the
l~ort~a~ed Property which is personal property and subject to the
security i~terast of Lender hereunder to be sold at any one or more
1~31~¢ or private sales as permitted by applicable law, and Lender
shall further have all other rights and remedies, whether at law, in
equity, or by statute, as are available to secured creditors under
applicable law. Any such disposition may be conducted by
employee or agent of Lender. Any person, Including both Borrowe~
and Le~der, shall be eligible to purchase any part or all of such
property at any such disposition.
Expenses of retaking, holding, preparing for sale,
sellin~ or the like shall be borne by Borrower and shall include
Lender's attorneys' fees and legal expenses. Borrower upon de~and
-6-
: 001321 001250
OR BOOR PAGE
of L~nder shall assemble such ~er s onal ~ro~e rty and make i t
available to Lender at the Premises, a place which is hereby deemed
to be reasonably convenient to Lender and Borrower. Lender shall
give Borrower at least five (5) days prior written notice ,~f the
time and place of any public sale or other disposition of such
property or of the time of or after w~ich uny private sale or any
other intended disposition is to be made, and if such notice is sent
to Borrower, as the same is provided for the mailing of notices
herein, it is hereby deemed that such notice shall be and is
reasonable notice to Borrower.
12. Condemnation:
A. In the event of any condemnation or taking of any
substantial part of the Mortgaged Property by eminent domain,
alteration of the 9rede of any street, or other injury to or
decrease in the value of the Mortgaged Property by any public or
quasi-public authority or corporation, all proceeds (that is, the
award or agreeG compensation for the damages sustained} allocable to
Borrower shall be, in the event of a default hereunder, applicable
first to accrued interest and the balance to principal. No
settlement for damages sustained shall be made by Borrower without
Lender's prior written approval. Borrower shall continue to pay
installments of principal and interest and other charges until
payment of the proceeds shall have been received by Lender in the
full a~noun t secured hereunder. Ail of such proceeds shall be
applied in t~e oroer and in the amounts t~at Lender, in Lender's
sole discretion, may elect, to the payment of principal (whether or
not then due and payable), interest or any sums secured by this
Mortgage, or toward payment to Borrower, on such reasonable terms as
Le~der may spec~lfy~ to be used for the sole purpose of altering,
restoring or rebuilding any part of the Mortgaged Land which may
have been altered, damaged or destroyed as a result of the taking,
alteration of grade or other injury to the ]~ortgaped Land.
B. If Frior to the receil~c of such l:roceeds by Lender
the l~ortgaped Property shall have beer, sold on foreclosure of this
Hortpape, Lender shall have the right to receive the proceeds of
such foreclosure sale to the extent of:
{i) any deficiency found to be due to Lender in
connection with the foreclosure sale, with legal interest
thereon, and
(ii) reasonable counsel fees, costs and
disburselents incurred by Lender in connection with collection
of the proceeds and the proceedings to establish the deficiency.
C. If the amount of the initial award of damages for
the condemnation is insufficient to Pay in full the indebtedness
secured hereby with interest and other appropriate charges, Lender
shall have the right to prosecute at trial and on appeal to final
deterBination or settlement on appeal or other appropriate
proceedings in the name of the Lender or Borrower, for which Lender
ia hereby appointed irrevocably as attorney-in-fact for Borrower,
which appointment, being for security, is irrevocable. In that
event the expenses of the proceedings at trial and on appeal,
including reasonable counsel fees, shall be Paid first out of the
proceeds, and only the excess, if any, paid to the Lender sha!l be
credited against the amounts due under this Mortgage.
D. Nothing herein shall li~it the rights otherwise
available to Lender, at law or in equity, including the right ~
intervene as a party to any condemnation proceeding.
13. Interest Rate. Notwithstanding any provision contained
in this Ho~he Promissory Note secured hereby, nothing
contained therein shall be construed or shall operate as to require
the Borrower, or any person liable for the payment of the loan to
-?-
: 001321 001281
OR BO0,~ PAGE
pay interest in an amount or at a rate greater than the highest rate
~ermiusible under the laws of the State of Florida. $~,ould any
interest or other charges paid by the Borrower, or any parties
liable for the Payment of the loan result in the computation or
earning of i~terest in excess of the highest rate permissible under
applicable law, then any and all such ~xcess shall be and the same
is hereby waived by the holder hereof, and all such excess .ha~ b=
automatically credited a~alnst and in reduction of the principal
balance and any Portion of said excess which exceeds the Principal
balance shall be paid by the holder hereof to the Borrower and any
parties liable for the payment of the loan made pursuant to the
Promfssory Note.
ART I(LE I1
EVENTS OF DEFNJLT
The Sorrower will be in default under this Mortgage if:
(1) The Borrower fails to make any payment required by the
Promissory Note or any Future Advances, and does not cure the same
within 15 days after written notice from the Lender; or
(2) The Borrower fails to Perform any other covenant
¢o~tal~ed in this Mortgage, and does not cure the same within the
period of time, if any, that the Lender may elect in its discretion
to grant in writing to the Borrower to cure that failure; or
(3) The Borrower terminates or suspends its business, or
permits an attachment or Judicial seizure of any substantial part of
its assets; or
....................... -- (4) The~Borrower, or any general partner-or Joih't venture'k 6f
the Borrower having an interest in any of the Mortgaged Property of
the Sorrower, files a petition in bankruptcy or for an arrangement,
reorganization or any other form of debtor relief under any present
or future
law relating to benkruptcy or debtor relief, or such a
~etition ia filed against the Borrower, or against any general
partner or Joint venturer of the Sorrower having an interest in any
of the Mortgaged Property an8 the Borrower does not oppose that
filing or the petition is not dis=.tssed within 60 days after filing,
or the Borrower makes an assignment for the benefitof its creditors;
or
(5) A default occurs under any agreement which guarantees any
part of the indebtedness or ebligations secured by this Mortgage; or
(6) Any general partner or Joint venturer of the Borrower
h~ing an interest in any of the Mortgaged Property te:minates or
· aterially alters its relationship with the Borrower without the
prior written consent of the Lender; or
(?) AnY representation or disclosure made to the Lender by
the Borrower or by any guarantor of any indebtedness or obligations
secured by this Mortgage proves to be materially false or misleading
on the (]ate as of which made, ~%ether or not that representation or
disclosure appears in this Mortgage~ or
(8] Any other event occurs which, under the ~ote referred to
ab(we or under any other agreement of the Borrower relating t~ the
-- Loan, constitutes a default by the Borrower or gives the Lender the
.:.?i.- ~ right to accelerate the maturity of any part of the indebtedness
-: secured by this Mortgage.
ARTICLE III
REMEDIES
1. Upon the happening of any Event of Default, t~is.~.
conveyance will become absolute and the entire unpaid balance of the
.. 00132t 00~26Z
OR BUOK PAGE
principal, the accrued interest anu all other su~ due hereunder, or
under the Loan Do~-~ments, and secured by this Mortgage shall become
immediately due and payable, at the option of Lender, without notice
or demand, excf$,t as to such notices specifically required herein.
-2. .. ~ the entire indebtedness shall become ~due and
payable, either because of maturity or because of the occurrence of
any Ev_-'at of D~_fa,_,!t, or otherwise, then forthwith:
A. Foreclosure: Lender may institute an action to
foreclose this Mor'~'~e'~nst the Mortgaged Property or take such
other action at law or in equity for the enforcement of this
Mort gac. e and realization on the mortgage security or any other
sec/rity herein or elsewhere provided for, as the law may allow, and
may proceed therein to final Judgment and execution for the entire
unpaid balance of the principal debt, with interest at the rate
stipulated in any pertinent promissory note to the date of default,
and thereafter at the default rate stipulated in any said note to
the date of the default, together with all other sums due from
Borrower in accordance with the provisions of any said note and this
Mortgage, including all su~ which way have been loaned by Lender to
Borrower prior to or after the date of this Mortgage, and all sums
which may have been advanced by Lender for taxes, water or sewer
rents, charges or claims, payments on prior liens, insurance or
repairs to the Mortgaged Land, all costs of .uit, together with
interest at such defau] t rate on any judgment
from and after the date of wy foreclosure sale u~Jf';ctu~ ~ayment
is made as to the ful! a~ount ~ue Lender, plus reasonable attorneys'
fees for ~ollection, or Lender. ma~ seek and obtain foreclosure only
as to t~e sum past due with interest and costs, as above pro~ided,
without LnJury to this ~ortgage or the di~lacement or impairment of
the remainder of the lien thereof, and at such foreclosure sale the
Mortgage Land shall be sold subject to all r~maining items of
· -indekte~dness and.--.LeD, dP.r_..=ay again foreclose, in the ~-ame manner, as-
ofte~ as there may be any sum past due. In the event Lende~ is the
purchaser at the foreclosure sale of the Mortgaged Land which is the
subject of this Mo£tgage, Lender may, at its option and in its sole
an4 absolute discretion, assume all rights (but not the obligation
unless consented to by Lender) as owner of the Mortgaged Land,
including the right to assume all rights and privileges of any
developer thereof; or
B. Possession: Lender may enter into possession of
the Mortgaged P~ith or without legal action, collect
therefrom all rentals (which term shall include sums payable for use
and occ~patioo) and, after deducting all costs of collection and
a(hainistratio~ expenses, apply the net rentals to any or all of the
following in such order and amounts as Le~der, in the Lender's sole
discret~on, may elect: the payment of taxes, water and sewer
expenses, re~lts~ charges and claims, insurance premiums and all
other car zqf~ng charges, the completion of construction of the
buildings and improvements of the Mortgaged Property, the
maintenance and repair or restoration of the Mortgaged Property; and
on account and in reduction of the principal or interest, or both,
hereby seo/red. In and for that purpose Borrower hereby assigns to
Lender all rentals due and to become due under any property lease or
leases or rights to use and occupation of the Mortgaged Property
hereafter created, as well as all rights and remedies provided in
such a lease or leases or at law or in equity for the collection of
the rentals; or
C. Receiver: Lender, as matter of strict right,
without regard t~-~t~h-~"9'laue of occupancy of the security or the
solvency of Borrower or any Guarantor shall be entitled as a matter
of right, if it so elects, to the appointment of a receiver to enter
upon and take possession of the Mortgaged Property and to collect
all rents, revenues, issues, income, products and profits thereof
and apply the same as the court may direct. Borrower hereby
-9-
8013~'1 00i263
OR BOOK PAGE
spectficaliy waives the right to object to the appointment of
receiver as aforesaid and hereby expressly consents tkat such
apPointments shall be made as an admitted equity and that :he same
may be done without notice to Borrower. The receiver shall have all
rights and powers Permitted under the la~a of the State of florida
is loca ted and such other Power s as the court mak lng such
appointment shall confer. The expenses, including receiver.s fees,
attorney's fees, costs and agent's compensation, incurred pursuant
to the powers herein contained shall be secured by this Mortgage.
The right to enter and take possession of and to manage and operate
the Mortgaged Land, and to collect the rents, issues and profits
thereof, whether by a receiver or otherwise, shall be cumulative to
any other right or remedy hereunder or afforded by law, and may be
exercised concurrently therewith or independently thereof. Lender
shall be liable to account only for such rents, issues and Profits
as are actually received by Lender. Notwithstanding the appointment
of any receiver or other custodian, Lender shall be entitled as
pledgee to the POssession and control of any cash, deposits, or
instruments at the time held by, or payable or deliverable under the
terms of this Mortgage to Lender.
3. Lender shall have the right, from time to time, to bring
an appropratie action to recover any sum~ required to be paid by
Borrower under the terms of this Mortgage, as they become due,
without regard to whether or not the principal indebtedness or any
other ~um$ ~eo~red by the .~:ote and this Mo~hg~ge shall De sue, and
without Prejudice to the right of Lender thereafter to bring an
action of mortgage foreclosure, or any other action, for any default
by Borrower existing at the time the earlier action was commenced.
4. Lender shall haYe the power and authority to institute
and maintain at any time and from ti:~ to time any suits and
proceedings as Lender may deem advisable (i) to prevent any
impair_ment of the Mo. rtgaged-La~d~by~..~any acts which-.may be unlawful
or any violation of this Mortgage, {ii) to preserve or protect its
interest in the Mortgaged Property, and (iii) to r ~.~. train the
enforcement of or compliance with any legislation or other
~overnmental enactment, rule or order that may be unconstitutional
or otherwise invalid, if the enforcement of or compliance with such
enactment, rule or order might impair the security hereunder or be
prejudicial to Lender's interest.
5. Any real estate sold pursuant to any writ of execution
issued on a Judgment obtained by virtue of the Promissory Note
secured by this Mortgage, Or pursuant to any other Judicial
proceedings under this Mortgage or the Promissory Note, may be sold
in o~e parcel, ss an entirety, or in such parcels, and in such
manner or order as Lender, in its sole d~scretion, may elect. Upon
any such foreclosure sale, Lender may bid for and purchase the
Mortgaged ~roperty and, upon compliance with the terms of sale,
hold, retain, possess and dispose of such Mortgaged Property in its
owl1 absolute right without further accountability. Lender is hereby
authorized, at its option, to conduct any such foreclosure sale
st~Ject to the rights of any tenants of the Mortgaged Property and
the failure to make any such tenants parties defendant to any such
foreclosure Proceedings and to foreclose their rights will not be,
nor be asserted by Borrower to be, a defense to any prooeedings
inatft~lted by Lender to collect the sums secured hereby.
ARTICLE IV
MISCELLANEOUS
1. The invalidity or unenforceability of any one or more
provisions of this Mortgage will in no way affect any other
pr ovis ions.
2. The rights and remedies of Lender as provided in the
N~te, this Mortgage and every Loan Document, shall be cumulative and
-10-
.... 00132~ 00126~
OR BOOK PAGE
c0~ curt e~t; c~ay be Pursued separately, successively or together
against Borrower or against the Mortgaged Proper'ty, or both, at the
sole discretion of Lender, and may be exercised as often as occasion
therefor shall arise. The failure to exercise any such right or
remedy shall in no event be construed as a waiver or release thereof
3. Any failure by Lender to insist uuon strict Performance
by Borrower of any of the ter~.s and provisions' of this Mortgage, the
Note, or the Loan Documents, shall not be deemed to be a waiver of
any of the terms or provisions thereof, and Lender shall have the
right thereafter to insist upon strict Performance by Borrower of
any and all of them.
4. Neither Borrower, Guarantor, nor any other Persons now or
hereafter obligated for payment of all or any part of the sum~ now
or hereafter secured by this Mortgage shall be relieved of such
obligation by reason of the failure of Lender to comply with any
request of Borrower, Guarantor, Co-maker or of any other Per son so
obligated, to take action to foreclose on this Mortgage or otherwise
enforce any PrOVisions of the Mortgage, Note, or any other Loan
Document or by reason of the release, regardless of consideration,
of all or any part of the security held for the indebtedness secured
by this Mortgage, or by reason of any agreement or stipulation
between any subsequent owner of the Mortgaged Property and Lender
extending the time of payment or modifying the terms of the Note, or
any other Loan Document and Lender shall not be obligated to obtain
the consent of Borrower, Guarantor, Co-maker, or such other Person;
and in the latter event Borrower, Guarantor, Co-maker and all such
other persons :4~a.. continue to be liable to make payments according
to the terms of any such extension or modification agreement, unless
expressly 'released and discharged in writing by Lender.
5. Lender may release, regardless of consideration, any
..... of the security held for the'indebtedness sect:red-by this Mortgage
without, as to the remainder of the security, in any way impairing
or affecting the lien of this Mortgage or its priority over any
subordinate lien.
6. For payment of the indebtedness secured hereby, Lender
may resort to any other security therefor held by Lender in such
order and manner as Lender may elect.
7. Pursuant to Florida Statutes Section 697.04 (1985) this
Mortgage shall secure not only the existing indebtedness evidenced
by the l~te; but also such future advances as may be made by Lender
tO Borrower in accordance with the Note, this Mortgage or any other
~oan Document; ~hether or not such advances are obligatory or are to
be ma~e at the option of Lender, or otherwise, as are made within
twenty {:5) years from the date hereof, to the same extent as if
such future advances were made on the date of the execution of this
Nortgaga, and all obligations arising under any other loan documents
pectainhg thereto and the total amount of indebtedness that shall
be so secured by this Mortgage may decrease or increase from time to
time, provided that the total unpaid balance so secured at any time
s~all not exceed a principal amount of One Million Seven Bundred
Thousand and No~lO0 Dollars (~1,700,000.00), plus interest thereon
and plus any disbursements made for the payment of taxes, levies or
:~' together with interest on such disbursements.
8. The Borrower agrees to pay the Lend,.- a reasonable
charge, not to exceed the maximum allowed by law~ for giving any
statement of the status of the obligations secured by this Mortgage.
9. All notices given under this Mortgage must be in writing
and will be effectively served upon Personal delivery or, if mailed,
upon date of receipt of first class or certified United States mall,
postage prepaid, sent to the Lender at 4301 Gulfshore Blvd. North,
Naples, Florida 33940, and sent to Borrower at the address appearing
-11-
," 001321
OR 'BOOK
below Borrower's signature, ~l~zch addresses may be changed by ·
~$kten nobl~. Howeve[~ the segv~ of any no~i~ of de~c.~lt or
notice o~ s~e ~de~ th~s Mortgage as r~u~red by law will,
· ma~led, be effective on the ~te of
10. The L~der's co~t to any ac~ or omission "by the
Borrower w~11 not be a consent bo any other or subs~uent act
o~sslon or a watveg of the need fog such co~ ~n any future or
other ~ns~nce.
11. The te~ms of th~s ~o~tga~ will bind and b~ef~t ~he
heirs, legal gePr~tives, successors and assigns of ~he Borrower
~d 2he ~n~r. If the Borrower ~ns[s~ of more than one ~rson
~tity, ~ch will be Jo~y ~d severally lt~le to ~rfogm the
oblt~tions of the Borrower.
~2. T~ HoEtga~ will be 9overn~ by Florida law.
ARTICLE V
DUE-ON -SALE
If all or any l~rt of the Mortgaged ~ro~erty or an interest
therein is sold or transferred by Borrower without Le~der's prior
written consent Lender may at Lender's oPtion, declare all the sums
secured by this Mortgage to be immediately due and payable. Lender
shall have waived such option to accelerate if prior to the sale or
transfer Lender and the Person to vhom the ProPerty is to be sold or
transferred reach agreement in writing that the credit of such
~erson is satisfactory to Lender and that the interest payable on
the su~s secured by this ~ortgage shall be at such rate as Lender
shall requ e~t.
"~""I~"'~'ITNESS NI~RE~F, the said Borrower hereunder sets his band
and seal on the day and year first above written.
Signed, sealed and delivered
in the presence of:
Cc~nercial Develolment Company
a Florida General Partnership, By
a General Partnerw Executive
Develol~e~t Corporation, a Florida
Comercial Development Company, a
Florida General Pa.-tnership, By a
General Partner, Imperial Homes,
! F oridc Corporation
(S~AL}
-12-
· .: 0OI 321 001266
OR 'BOOK' PAGE
STATE OF ELORIDA
COUNTY OF ~LLZER
I ~BY ~Y that on this da~, before me, an offi~r duly
authorized in the S~te aforesaid ~d in cae County aforesaid to
~ke ackn~ledgmen~, ~rsonally a~'~ared Phillip ~wallen: as
Pr~id~t of g~tive ~velo~t Cor~ration, a Florida
Cor~ration, a General Partner of C~mercial ~velo'~ent Core.ny, a
Florida G~eral Par~ership as d~cribed in the for~9oing i~trument
and that he ackn~ledged e~ting the sa~ un~r authority vested
in hf~ by said ~r~rati~ ~d that the seal affixed thereto is the
seal of said ~r~ration.
W~NE~ my h~d and official seal in the C~nty and State last
aforesaid th~ /~ ~y of ~~ , 19~.
~,,.~ · ~. ,.~
S~TE OF FL~IDA . %?,.....,.-..
~ Off ~LLIER :';':'
I ~B~ ~Y tha~ on thls ~y, before ~ an
autho~ed In the S~te afo=esald ~ ~n the County aforesaid
~ke ackn~led~en~ ~rsonally ap~aged Ra~ond Bet nter, as
P=~d~t of ~=tal Homes~ I~., a F1ort~a Cog~latlon, a General
P~tne~ of C~me~cial ~velo~ent C~ny, a Florida General
Pa~er'~tp, as d~c=~ed tn the foregolng t~tlum~t ~d tha~ he
ack~1~d- e~tlng-*th~ sa~ ~r authority vested In hlm by
-sat~ ~g~ati~ ~d that bhe seal afft~d thereto ts the seal of
~}':':': ' . W~NE~ my h~d and official aeal tn the C~nty an~ State last
/n~trUne~t.__ prepared by:
r-~:':~:'8Og~eI?Oak D=/ve, au/re 400
~Ozld~ 33 963
'/~-.:.
-]3-
O0 ! 321 O0 I
~ BOGK
EXHIBIT "A" TO THAT CERTAIN MORTGAGE DATED JANUARY 12, 1988,
BETWEEN CO~ERCIAL DEVELOPMENT COMPANY, MORTGAGOR, AND
RICHARD E. KLINGI.ER AND PAULINE P. KLINGLEE, MORTGAGEE
The South ~ of the South ~ of the Southwest k of Section
10, To~mship 48 South, Range 25 East, lying East of U.S.
Highway 41, Collier County, Florida, less the South 50 feet
thereof previously deeded to Collier County for road
righT-of-way.
COLLAR COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
Planning Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
ENGINEERING REVIEW SECTION
September 17, 1999
Mr. Geoff Purse, P.E.
Purse & Associates
Bonita Oaks Square, Unit 9
Bonita Springs, FL. 34134
Re: North Collier Industrial Center
Dear Geoff:
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 3.2.6.5.2.
All water and sewer facilities approved and 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 responsibility 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 adopt a
resolution giving final approval of the required improvements,
acknowledging the dedication(s) of the final subdivision plat and
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 ~uly y~urs/
Senior Engineer
cc: Shirley Nix
Phone (941) 463-2400
Fax (941) 643-6968 www. co. collier, fl.us
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
ENGINEERING REVIEW SECTION
December 7, 1999
Planning Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
Geoffrey Purse
Purse Associates
Bonita Oaks Square, Unit 9
4450 Bonita Beach Road
Bonita Springs, FL 34134
Re: North Collier Industrial Center
Dear Mr. Purse:
This is to inform you that the above referenced project has been granted preliminary approval on
December 2, 1999 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 responsibility 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 ~I~" ~'
Engineering Technician II
cc:
Joe Cheatham, Wastewater Director
Paul Mattausch, Water Director
Cindy Erb, Public Works
John Houldsworth, Engineering Review
Phone (941) 403-2400 Fax (941) 643=6968 www.eo.eolller.fl.us
G~offrey G. Pur~ P.E.
$¢rry C. N~I P.E.
Bonita Oaks Square Unit 9
4450 Bonita Beach Road
Bonita Springs, Florida 34134
Ph. 948-2100
Fax 948-2102
June 24, 1999
Ms. Shirley Nix
Collier County Project Services
2800 North Horseshoe Drive
Naples, Florida 34112
RE: North Collier Industrial Center
Engineers Fees
Dear Shirley:
This letter is to inform the county that Purse Associates, Inc. has been paid for there work on this
project.
Sincerely,
President
Geoffrey G. Pur~e P.E.
Jerry C. Neal P.E.
Purse Associates,
Bonita Oaks Square Unit 9
44S0 Bonita Beach Road
Bonita Springs, Florida 34134
Ph. 948-2100
Fax 948-2102
June 24, 1999
Ms. Shirley Nix
Collier County Project Services
2800 North Horseshoe Drive
Naples, Florida 34112
North Collier Industrial Center
Water Pressure Test
Dear Shirley;
This letter is to certify that the water main at the above referenced project was pressured tested and the
results were as follows:
l. Allowable Limits
L=SD(P).5
133200
L= 2590x 8 x 150(.5)
133200
L= 1.91 gals
L= 1.91 GalsLHr x 2 = 3.82 Gals Allowable
2.Test Results
Pressure = 150 PSI
Time = 2 Hours
Pressure Lost = 0 PSI
Leakage = 0 Gal
Gcoffrc-y O. Purse P.E.
J~'ry C. Ne, al P.E.
Bonita Oaks Square Unit 9
4450 Bonita Beach Road
Bonita Springs, Florida 34134
June 23, 1999
Ms. Shirley Nix
Collier County Project Services
2800 North Horseshoe Drive
Naples, Florida 34112
Ph. 948-2100
Fax 948-2102
RE: North Collier Industrial Center
Force Main Pressure Test
Dear Shirley:
This letter is to certify that the force main at the above referenced project was pressured tested
and the results were as follows:
1.Allowable Limits
L=SD(P).5
133200
L=1420 x 4 x 100(.5) 133200
L= .42 Gals~-Ir x 2 = 0.84 Gals Allowable
2.Test Results
Pressure = 100 PSI
Time = 2 Hours
Pressure Lost = 0 PSI
Leakage = 0 Gal
Sincerely,
Environmental Protection
Jeb Bush
Governor
South District
P.O. Box 2549
Fort Myers, Florida 33902-2549
Phillip Lewallen, President
Commercial Development Company
5150 Tamiami Trail North, Unit 301
Naples, Florida 34103
September 21, 1999
David B. Struhs
Secretary
Re:
Collier County - PW
North Collier Industhal Center
(Collier County Regional WTP)
147421-001 ~DSGP
Dear Mr. Lewallen:
This acknowledges receipt of certification that the subject water distribution system extension has
been completed in accordance with the plans and related materials permitted by this agency under
Permit Number 147421-00 I-DSGP dated November 12, 1998.
Based on this certification and satisfactory bacteriological results, sve are approving these
facilities for service under the following conditions: If the bacteriological samples were collected
prior to replacement of the temporary backflow preventer or temporary construction meter with a
final connection, then additional bacteriological sampling is required. Upon completion of the
final connection, collect a bacteriological sample immediately downstream of the connection and
submit the bacteriological results to the Department. Immediate service can be provided if a
precautionary boil water notice is issued for areas down stream of the connection, until one day of
satisfactory bacteriological results have been obtained (Two consecutive days of satisfactory
bacteriological results are required following any unsatisfactory result). Your continued
cooperation in our water supply program is appreciated.
Sincerely,
Professional Engineer
Water Resource Management
CRD/MFJ/skw
CC2
Geoffrey G. Purse, P.E./''
Thomas E. Kuck, P.E.~/'
"More Protection, Less Process"
Printed on r~cycled paper.
Florida Department of Environmental Protection
Twin Towers Office Bldg., 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
DOMESTIC WASTEWATER COLLECTION/TRANSMISSION SYSTEMS
CERTIFICATION OF COMPLETION OF CONSTRUCTION
'INSTRUCTIONS:
collection/transmission system should not be placed into operation without prior Department approval.
typed or printed in ink and all blanks must be filled.
Construction Permit No.: .t~ 12> ~ ~ I -- (~ '~ .~ -- ~) ~ ~
Name of design engineer and Florida registration number (if different from engineer signing certification):
This form is to be completed and submitted to the Department, prior to placing the system into operation. A
All information is to be
Dated: ! -*'l - ~ ~
Date(s) connection to existing system or treatment plant:
Treatment plant serving prqject
County: ~_..-~:~ I~.~-, ~s~.~ City: ~ exd::j
DEP Identification Number (also known as WAFR or GMS Identification Number):
Substantial deviations from the approved plans and specifications (attach if required):
ot4-13
WAIVER OF LIEN
11.3
KNOW ALL MEN BY THESE PRESENTS, that Joel Chambers ..,
as Operations Mana§er ., of Haskins Inc. ,
for and in consideration of Ten
and other good and valuable considerations, lawful money of the United States of
Aznerica, to me in hand paid, the receipt 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 lien
whatsoever on the following described property:
North Collier Indusrial Center
Haskins Inc.
10956 Enterprise Av~.
Bonita gpr~ng~: VT 3/!!35
NAME & ADDRESS OF FIRM OR CORPORATION
BY:
AUTHORIZED REPRESENTATIVE
Joel Chambers, Operations Manager
STATE OF Florida )
) SS:
COUNTY OF Lee )
The f~regoing instrument was signed and acknowledged before me this ~
day of /-~7~ , 19~by
/ (Print or Type Name)
who has produced
(Type Of Identification and Number)
as identification, and who (did) (did not} take an oath.
Notary P~c Signature
printed Name of Notary Public
/
Notary Commission Number
711196
11-3
State of FLorida
Department of HeaLth
~ffice of Laboratory Services
Jacksonville, Hi.hi, Pensacola
Tmnpa, Uest Palm Beach
DRINKING WATER
BACTERIOLOGICAL ANALYSIS
FOR LAB USE ONLY
Press hard, (5) copies
SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #:
ADDRESS: COUNTY: D I STR I CT:
COLLECTOR: , COLLECTOR PHONE #:
SAMPLE SITE (Locality or Sub. division):
DATE AND TIME COLLECTED: ~ ,
TYPE OF SUPPLY(Circle one): ,,Contmunity__~[g£_.SyStem Noncon~nunity water system Nontransient - noncontmunity water system
'~'~-weL[ Swin~ning pool Bottled water Limited Use system
TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement l~a~ clearanc~ ~elL survey Other
(Check Box)
[ ] Distribution [ ] Check here if payment made
[ ] Raw to county public health unit
TO BE COMPLETED BY COLLECTOR OF SAMPLE , __ T_,OTBE COMPLETED BY LAB
ANALYS I S METHOD:~F MTF MMO-MLIG PA
COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM
NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COL] SAMPLE NUMBER
' ~T
'
* Results in this column are presumptive. Total coliform and fecal coliform or E. coli confirmation will follow in 24-48 hours.
P - Coliforms are present C - Confluent growth TA - Turbid, Absence of gas or acid
A - Coliforms are absent TNTC - Too numerous to count
INVOICE ADDRESS (if different than address below):
NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPOR1
INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER
( )
( ) SATISFACTORY
( ) INCOMPLETE COLLECTION INFORMATION
( ) REPEAT SAMPLES
( ) REPLACEMENT SAMPLES
REVIEWING OFFICIAL:
TITLE:
State of Florid~
~,,,~-, Oepartment of Health
Office of Laboratory Services
Jacksonville, Mimai, PensacoLa
Tmnpa, West PaLm Beach
DRINKING WATER
BACTERIOLOGICAL ANALYSIS
'FOR LAB USE ONLY
SYSTEM NAME:
ADDRESS:
Press hard, (5) copies
SYSTEM I.D. NO:
COUNTY:
SYSTEM PHONE #:
DISTRICT:
COLLECTOR:
SAMPLE SITE (Locality or Subdivision):
DATE AND TIME COLLECTED: ,, ,
TYPE OF SUPPLY(Circle one): ~__y_~wat~K~em Noncommunity water system
Private well Swimming pool Bottled water
COLLECTOR PHONE #:
Nontransient - noncommunity water system
Limited Use system
TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement ,~Ffi'EC~?an¢~ Well survey Other
(Check Box)
[ ] Distribution [ ] Check here if payment made
[ ] Raw to county public health uni
TO BE COMPLETED BY COLLECTOR OF SAMPLE TO~J~I~ COMPLETED BY LAB
ANALYS I S METHOD:I~F-- MT F MMO-MUG PA
COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM
NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL, E. COLI SAMPLE NUMBER
; ' ,?' !
!
* Results in this column are presumptive. Total coliform and fecal coliform or E. coli confirmation will follow in 24-48 hours.
P - Coliforms are present C - Confluent growth TA - Turbid, Absence of gas or acid
A - Co[iforms are absent TNTC - Too numerous to count
INVOICE ADDRESS (if different than address below):
INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER
NAME AND MAILING ADDRESS OF PERSON/~IRM.To RECEIVE REPORT
REVIEWING OFFICIAL:
TITLE:
SATISFACTORY
INCOMPLETE COLLECTION INFORMATION
REPEAT SAMPLES
REPLACEMENT SAMPLES
SYSTEM NAME:
ADDRESS:
State of FLorida
Department of Health
Office of Laboratory Services
JacksonviLle, NJanl~, PensacoLa
Ta~3a, West Pa(m Beach
DRINKING WATER
BACTERIOLOGICAL ANALYSIS
Press hard, (5) copies
COLLECTOR:
SAMPLE SITE (Locality or Subdivision):
DATE AND TIME COLLECTED:
FOR LAB USE ONLY
SYSTEM I.D. NO: SYSTEM PHONE #:
COUNTY: DISTRICT:
COLLECTOR PHONE #:
TYPE OF SUPPLY(Circle one):;.~C~o~m~..9,~_ty.w~t.~ system, Noncommunity water system Nontransient - noncommunity water system
Private we[[ swimming pool Bottled water Limited Use system
TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement Main clearance Well survey Other 'I' ~
(Check Box)
[ ] Distribution [ ] Check here if payment made
[ ] Raw to county public health uni
TO BE COMPLETED BY COLLECTOR ~__F.SAMPLE TO BE COMPLETED BY LAB
ANALYSIS METHOD: /I~IF ' MTF MMO-M~G PA
COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM
NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER
Results in this column are presumptive.
P - Coliforms are present
A - Coliforms are absent
Total coliform and fecal coliform or E. coli confirmation will follow in 24-48 hours.
C - Confluent growth TA - Turbid, Absence of gas or acid
TNTC - Too numerous to count
INVOICE ADDRESS (if different than address below):
I NTERPRETAT IONS-REMARKS BY. PROGRAM REVIEWER
NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT
REVIEI41NG OFFICIAL:
TITLE:
( )
( ) SATISFACTORY
( ) INCOMPLETE COLLECTION INFORMATION
( ) REPEAT SAMPLES
( ) REPLACEMENT SAMPLES
0 0 ~
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Geoffrey G. Purse P.E.
J¢~ C. Neal P.E.
Bonita Oaks Square Unit 9
4450 Bonita Beach Road
Bonita Springs, Florida 34134
Ph. 948-21 O0
Fax 948-2102
June 24, 1999
Ms. Shirley Nix
Collier County Project Services
2800 North Horseshoe Drive
Naples, Florida 34112
RE: North Collier Industrial Center
Dear Shirley;
This letter is to certify that the water and sewer lines are located within easements described the plat of North
Collier Industrial Center.
Please call me if you require additional information.
WARRANTY
11.2
THE UNDERSIGNED parties do hereby warrant and/or guaranty all work executed by
the contractor on the water and/or sewer systems of (Name of Development):
North Collier Industrial Center
to be free from defects'in material and workmanship for a period of one (1) year
from the date of acceptance by the Lee 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.
STATE OF Lee
COUNTY OF
SS:
HaskiBs Inc.
(SIGNATUR~ & TITLE)
Joel Chambers, Operations Manager
The fo~ing instrument was signed and acknowledged before me this
day of ,~.~/ , 19 ~by
who has produced (Print or Type Name)
25th
(Type Of Identification and Number)
as identification, and who (did) (did not) take an oath.
Nora ryW~ublic Signature
Printed Name of Notary Public
Notary Commission Number
7/1/96
11-2
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number
139876
Date
7/13/99 11:55:16 AM
Post Date
7/13/99
Payment Slip Nbr
UT 55850
HASKINS, INC CH # 29047
N COLLIER IND PARK DOR468 WO 21013/19010
Payor' HASKINS
Fee Code
42CYIN
Fee Information
Description
COUNTY INVOICES
GL Account
40800000011510000000
Total
Amount
$609.56
$609.56
Waived
Payments
Payment Code Account/Check Number Amount
CHECK 29047 $609.56
Memo:
HASKINS INC
10956 ENTERPRISE AVE
BONITA SPRINGS, FL 34135
Total Cash
Total Non-Cash
Total Paid
$0.00t
$609.56
$609.561
Cashier/location: FROLOFF E / 1
User: EMERSON K
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:7/15/99 2:44:54 PM
NOV--12--99 04:17 PM PURSE ASSOC 948
No¥-lZ-g9 03:45P
November 3, lg99
2102
P.02
P .o2
Commercial Development Company
616o U S. 41 North, Suite 601
Naples. FL 341 C3
Fire Hydrant Acceptance
1025, 1044.1060 Collier Center Way and 1068 I fid 10H Business Lane
Dear sir,
The Nortt' Naples Fire Control anti Reecue District has inspected for ownership and
r11aintenance on the above hydrants. We have re~;ieved payment for the above hydrar't(e)
and now accept ownership and mainlenar~ce
$~2~.00 per hydranl limes number of l~ydranli $
$23.00 per thrusl block t,mes number of' hydrants $
one flow charge al time of acceptanci $35,00 --
$ ~ t5,00
$ 35.00
Following ere the results of the flow test:
Stahc. 70 Residual. 58
Flow 1183 P,tot. 48 X I
Total: S 770 00
If you have any que4tion$, please OD riot hesitate ID give me a call al 597.9227
Sincerely, ~'~,P,
Keri K ReynoldS, F~te Marshal
Fire P~eventJOn
lad in full: Ck 2364
Date. 11t02/l~9
Geoffrey G. Purse P.E.
Jerry C. Neal P.E.
Bonita Oaks Square Unit 9
4450 Bonita Beach Road
Bonita Springs, Florida 34134
Ph. 948-2] 00
Fax 948-2102
June 24, 1999
Ms. Shirley Nix
Collier County Project Services
2800 North Horseshoe Drive
Naples, Florida 34112
North Collier Industrial Center
Sewer Exfiltration
Dear Shirley:
This letter is to certify that the sewer system at the above referenced project was tested using an
Exfiltration test and the results were as follows:
1.Allowable Limits
50 Gallons per inch of inside diameter per mile
Length of pipe = 2589 L.F.
Diameter of Pipe = 8 inch
Allowable = 2589/5280 x 400 = 196 Gallons
2. Test Results
Test Period = 24 Hours
Results: There was no Exfiltration
Sincerely,
President
Finest iCt was'teOater Structure Reb, abilitation!"
To Whom It May Concern:
.Please accept this letter as, certification that the manholes supplied to, ~0/~ C01)I'e_ C
; ~,]a ? lC.S, {~--L.. , were double coated, on the outside, with a minimum
coating of 18mls thick, and on the inside, with a minimum coating of 36 mls thick, with Sherwin Williams
brand Coal Tar epoxy C-200, an acceptable bituminous or epoxy sealer.
Yours tm
Carl A. Laquidara
President
4461 Hancock Bridge Parkway * Nth. Ft. Myers, FL 33903 * 941-997-6645 * 941-997-7117 FAX
GgLF STATES, INC.
4585 Progress Ave.
Naples, FI. 34104
State Certified #EC343
Phone 941-263 -7137
Fax 941-263-7328
May18,1999
Mr. Joel A. Chambers
Haskins Construction
Bonita Spgs. Fl.
Via Fax 947-3857
N.COLLIER INDUSTRIAL PARK
LIFT STATION VOLTAGE DROP CONFIRMATION
Dear Joel,
Please use this letter to confirm that thc voltage drop on the feeder to this lift station is less than
5%.
Sincerely,
DIVISION OF ELLIS K. PHELPS & CO.
[] 2152 SPRINT BLVD.
APOPKA, FL 32703
(407) 886-3131
RESPOND TO:
5661 DIVISION DRIVE [] 1100 53RD COURT SOUTH
FORT MYERS, FL 33905 MANGONIA PARK
(941) 693--5226 WEST PALM BEACH, FL 33407
(561) 848-2299
PUMP STATION START-UP REPORT
[] 124 AIRPORT PARK DR.
SAVANNAH, GA 31408
(912) 966-1866
JOB NAME NORTH COLLIER INDUSTRIAL PK.
LOCATION OF INSTALLATION __Naples, FL
CONTRACTOR Haskins Inc. DESIGN CONDITIONS: GPM
PUMP MODEL CP3127 H.P. 10 IMPELLER 483 VOLTAGE 230 PHASE
SERIAL NUMBER ~1 180-9910735 #2 180-9910265
#3
MANUFACTURER OF CONTROL
OVERLOAD HEATER # B-45
ALTERNATOR TESTED YES
OPERATOR Collier County
TDH
3
#4
QCI SERIAL # 02-99-10
L/A CONNECTED YES GROUND CONNECTED YES
COMMENTS:
Start-up went well.
MEGGER CHECK #1 INF RED INF
#2 INF RED INF
#3 RED
~4 RED
VOLTAGE CHECK:
BLACK INF WHITE
BLACK INF WHITE
BLACK WHITE
BLACK WHITE
TO GROUND
CONTROL CIRCUIT PRIM~ARY
A to B
A to G
AMPERAGE CHECK: #1 20
#2 22
240
121
121 SECONDARY
B to C 243 A to C 244
B to G 209 A to G 121
A 20 B 20 C PHASE
A 21 B 22 C PHASE
A B C PHASE
PUMPS SEATED PROPERLY YES
FIELD TEST PERFORMANCE TEST:
#1 180 GPM 70 TDH #2 219 GPM
#3 GPM TDH #4 GPM
I certify this report to be accurate:
Official Start-Up Date: 5/6/99
25
70 TDH BOTH GPM _TDH
T~ GPM _TDH
OPERATOR HAS RECEIVED INSTRUCTION MANUAL YES
COLLIER COUNTy UTILiTiES
WASTEWATER DEPARTMENT
~ROJECT VIDEO REVIEW
7-22-99
DATE OF REVIEW:
PROJECT NAME: NORTH COLLIER INDUSTRIAL ?ARK (NORTH)
ENGINEER OF RECORD:
CONSTRUCTION CONTRACTOR:
VIDEO CONTRACTOR: OMNI EYE
COMMENTS: LINES AND SERVICES ACCEPTABLE
RECOMMENDATIONS:
~ REVIEW NUMBERED COMMENTS IN ONE YEAR:
i I NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE)
~ OTHER RECOMMENDATIONS:
JUL 2 3 I999
WAST£WATER DEPAK( {~v .....
COLLIER COUNTY GOVERNMENT
COMMUNrrY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
ENGINEERING REVIEW SECTION
Planning Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
July 15, 1999
Mr. Jeff Purse
Purse Associates, Inc.
Bonita Oaks Square, Unit 9
4450 Bonita Beach Road
Bonita Springs, FL 34134
RE: North Collier Industrial Park, Water & Sewer
Dear Mr. Purse:
A preliminary inspection of the referenced project was conducted by Randy Casey of the
Engineering Review Section of the Planning Services Department on July 15, 1999. Conditions
were found to be acceptable, and appear to meet County standards.
If you should have any questions, please do not hesitate to call Randy Casey at (941) 403-2418
or Clyde Fugate at (941) 403-2417.
Sincerely,
Engineering Inspections Supervisor
CF/taa//f:\Inspection form/prelim
Cindy Erb, Engineering Technician, Public Works
Acting Wastewater Director, Utilities
Paul Mattausch, Water Director, Utilities
Evelyn Ferguson, D.O.R. Billing Supervisor
Randy Casey, Engineering Inspector, Engineering Review Section
Shirley Nix, Engineering Tech. II, Engineering Review Section
File
Phone (941) 4~3-2400 Fax (941) 643-6968 www. co. collier, fl.us
Antonio Trigo, PSM
President
A. TRIGO & ASSOCIATES, INC.
Professional Land Surveyors
2223 Trade Center Way
Naples, Florida 34109
(941) 594-8448
FAX (941) 594-0554
LEGAL DESCRIPTION
COLLIER COUNTY UTILITY EASEMENT
A parcel of land lying in and being a portion of Tract "C",
North Collier Industrial Center as recorded in Plat Book 31,
Pages 50 and 51 of the Public Records of Lee County, Florida
and being more particularly described as follows:
Commencing at the southwesterly corner of Lot 11, North Collier
Industrial Center; thence N. 89°53'28" W. a distance of 41.88
feet to the POINT OF BEGINNING;
thence N 89°53'28" W along the northerly right-of-way of Collier
Center Way a distance of 32.0 feet;
thence N. OO°54'31" W. along the east line of a 100' F.P.& L.
easements a distance of 32.0 feet;
thence $. 89"53'28'' E. a distance of 32.0 feet;
thence S. OO"54'31'' E. a distance of 32.0 feet to the POINT OF
BEGINNING.
Containing 1~O54.86 square feet
Prepa~ by~/ ._
/FL6ri~a/Certificate No.
Date: A~gust 31, 1999
LS 2982
SKETCH OF DESCRIPTION
10' U.E.
S. 89 '55'28 "E.
32.0'
32'X32'
C.U.E
N. 89'53'28"W..
32.0'
TRACT 'C"
PRESERVE
P.O.B.
N. 89'53'28"W.
41.88'
Bearing Basis North Right-of-Way line
Southwesterly corner
of Lot 11
COLLIER CENTER WAY
TR A C T "D "
60'
GENERAL NOTES:
~// 1) P.O.C. indicates Point of Commencement
~/// 2~) P.O.B. indicates Point of Beginning
~ 'NJ// 6) All distances are in feet and decimals thereof.
/ /'~ 7) Be~dnge are based on the North line of Lot 2,
/ / ! '~ The Commons Professional Park, Plat Book 25,
/ / i ~' Pages 25 thr~ug.h, 25, Collier County, Florida.
NbT/ ' '
A. TRIGO & ASSOCIATES, INC.
PROFESSIONAL LAND SUR'I[~0RS & P~
2223 TRADE CENTER WAY
NAPLES, FLORIDA 33942
LAND SURVEYING BUSINESS ~ 3964
DATE : Mo¥ 22, 1997
DRAWN BY: AT SCALE: N.T.S.
SHEET ~ OF 2_._ FILE NO. 97.0180.02