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Carlton Lakes Unit 2MEMORANDUM DATE: TO: FROM: RE: January 25, 1999 Maureen Kenyon, Supervisor, Clerk to Board Shirley Nix, Engineering Technician II~~- Project Plan Review .... Carlton Lakes, Unit 2 Water and Sewer Facilities Acceptance Recording Fee Number 113-138312-649030 On ~--~40 ~ , 199 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, in order: 1. Utilities Facilities Subordination, Consent and Joinder 2. Bill of Sale 3. Utilities Facilities Warranty Deed Also, please find attached the following documents for your files. 4. Owner's Affidavit 5. Attorney's Affidavit 6. Copy of preliminary approval letter from Engineering Review 7. Engineer's final payment confirmation 8. Certification of pressure testing of water lines by Engineer of Record 9. Certification of pressure testing of sewer lines by Engineer of Record 10. Bacteriological clearances (DER certification) for water facilities Memorandum to Maureen Kenyon, Supervisor, Clerk to Board January 25, 1999 Page Two 11. DER Placement-in-Service letter for sewer facilities 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 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 Copy of video tape test report Copy of pump station start-up report Copy of electrical contractors certification on lift station 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 Memorandum to Maureen Kenyon, Supervisor, Clerk to Board January 25, 1999 Page Three 25. One copy of the recorded plat 26. One set of record drawings, signed and sealed by the Engineer of Record If you have any questions, please call and advise accordingly. attachments doc:2094-2 Dwight E. Brock Clerk BRANCH OFFICES: GOLDEN GATE '~ '-',~oun,y of Collier 4839 GOLDEN GATE PARKWAY CLERK OF THE CIRCUIT COURT GREENTREE SHOPPING CENTER COLLIER COUNTY COURTHOUSE 2386 IMMOKALEE ROAD 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 IMMOKALEE NAPLES, FLORIDA 34101-3044 101 S. FIRST STREET MARCO ISLAND 1040 WINTERBERRY DRIVE EVERGLADES CITY 207 BROADWAY AVENUE BY: OFFICIAL RECEIPT When Validated RECEIPT: 2858702 PAYOR: BCC 113 138312 649030 REF: ENGINEERING REVIEN/S NIX DESCRIPTION CHECK AMT DC: 3 DOCUMENTS RECORDING OF LEGAL INSTRUMEN 39.00 P.R.M.T.F. RECORDING FEE 6.00 DOCUMENTARY STAMP'S - 70 .70 DOC TYP FILE ID BOOK PAGE SUBORD 2423452 2504 0650 B SALE 2423453 2504 0653 DEED 2423454 2504 0656 7#: 1914211 01/'-' ~.- 1/99 , BILLED; 45, 70 CG ANT PAID; .00 DEPT: RE CORDING TOTAL DUE: 45.70 2423452 OR: 2504 PG: 0650 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, ~L 01/21/99 at 10:27AM DWIGHT B. BROCK, CLERK RBC FHB 15.00 Retn: ENGINEERING REVIEW SERVICES SHIRLEY NIX BXT 5586 UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER THai~ SUBORDINATION, CONSENT AND JOINDER given this // day of ~blL~cl5,I , 1998, by First Union National Bank of Florida, a National Association (hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH' WHEREAS, Mortgagee is the owner and holder of that certain UCC-1 Financing Statement filed with the Secretary of State, Number 950000252883; Mortgage in favor of First Union National Bank of Florida, N.A. recorded in Official Records Book 2128, Page 1637; as modified by instruments recorded in Official Records Book 2285, Page 1534, and O.R. Book 2375, Page 2385; and UCC-1 Financing Statement recorded in O.R. Book 2128, Page 1662; all of the Public Records of Collier County, Florida, (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property non-exclusive easements for the installation and maintenance of utility facilities over and across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property." WHEREAS, County has requested that Mortgagee consent to, join in and subordinate its Mortgage to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. OR: 2504 PG: 0651 IN WITNESS WHEREOF, the Mortgagee has caused these presents to be executed the date and year first above written. Witnesses: Print Name First Union National Bank of Florida, a National Association BY:c- ~~'~ STATE OF ? lot ,'da.. COUNTY OF ~ The forgoing Utilities Facilities Subordination, Consent and Joinder was acknowledged before me byThomo_~ '~'. ~:~K$'~'c~, as ~t. ¥ ;£e ?£eA'~d~er~J~of First Union National Bank of Florida, a National Association. He/she is pe_.._rsonally known to mg or has produced as identification. WITNESS my hand and official seal this 1~ '/'-h day of , Notar~ Public ,1998. (affix notarial seal) Print Name it~ :.~:~:.~,,. t,"0~ ~. w~8~ - -5[ My Commission ~r~: 33 ~IRES' ~fll 8 ~1 [[ ~ ~ ' , This Instrument Prepared By: C. Perry Peeples, Esq. Annis, Mitchell, Cockey, Edwards & Roehn 8889 Pelican Bay Blvd., Suite 300 Naples, Florida 34108 (941) 597-7088 *** OR: 2504 PG: 0652 *** EXHIBIT "A" Tract R of Carlton Lakes Unit No. 2, according to the plat thereof recorded in Plat Book 30, Page 52, of the Public Records of Collier County, Florida. Together with the County Utility Easement (C.U.E.) in Tract L3 of Carlton Lakes Unit No. 2, according to the plat thereof recorded in Plat Book 30, Page 52, of the Public Records of Collier County, Florida. FOR USE BY CLERK OF COURT: 2423453 OR: 2504 PG: 0653 RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, ~L 01/21/99 at 10:27AM DWIGHT E. BROCK, CLERK R~C ~ 15.00 Retn: ~NGINHRING RBVIIW SgRVICBS SHIRLB¥ HII ~X? 55B6 BILL OF SALE THIS BILL OF SALE evidencing the sale and conveyance of the water utility facilities described herein is made this lq day of ,qV6ct£T' , 1998, by NTC Development, Ltd., a Florida limited partnership (hereinafter referred to as "Seller"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: That said Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Seller in hand paid by the said Buyer, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred, set over and delivered, and by these presents does grant, bargain, sell, transfer, set over and deliver unto the Buyer, and the Buyer's heirs, successors and assigns forever, all those certain water 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 by reference herein) The Seller, for itself and its successors, hereby covenants to and with the Buyer and its successors and assigns that it is the lawful owner of the said goods and chattels herein referred to as utility facilities; that said goods and chattels are free from all liens and encumbrances; that it has good right, title and authority to sell same, and that it will warrant and defend the same against the lawful claims and demands of all persons whomsoever. Seller and Buyer are used for singular or plural, as the context requires. OR: 2504 PG: 0654 IN WITNESS WHEREOF, Seller has caused these presents to be executed the date and year first above written. Witnesses: NTC DEVELOPMENT, LTD., a Florida limited partnership By: SW Florida Partners, Inc., a Florida By: ~°n~s~ Robert G. Claussen Its: President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Bill of Sale was acknowledged before me by Robert G. Claussen, as President of SW Florida Partners, Inc., a Florida corporation, as Sole General Partner of NTC Development, Ltd., a Florida limited partnership, ~__~o ~s~rsoffallY k~'-~-~r who has produced identification. WITNESS my hand and official seal this /q (affix notarial seal) This Instrument Prepared By: C. Perry Peeples, Esquire Annis, Mitchell, Cockey, Edwards & Roehn 8889 Pelican Bay Blvd., Suite 300 Naples, Florida 34108 (941) 597-7088 __ day of t~'~a~ ~ , 1998. lXJ~tary P~ic- / (Print Name) My Commission Expires: ~ ! ,~,y p. OFFICIAL NOTARY $F_4A. I I~ ~ eC730692 I I ~"o~ F~o APR. S.2002 I *** OR: 2504 PG: 0655 *** EXHIBIT "A" Tract R of Carlton Lakes Unit No. 2, according to the plat thereof recorded in Plat Book 30, Page 52, of the Public Records of Collier County, Florida. Together with the County Utility Easement (C.U.E.) in Tract L3 of Carlton Lakes Unit No. 2, according to the plat thereof recorded in Plat Book 30, Page 52, of the Public Records of Collier County, Florida. FOR USE BY THE CLERK OF COURT: 2423454 OR: 2504 PG: 0656 RECORDBD in O~HCIAL RICORDS of COLLIER COUN?¥, FL 01/21/99 at 10:27AM DWIGHT E, BROCK, CLERK i~¢ Retn: ENGINEERING R~VI~ SERVICES SHIRLEY NIX HXT 5586 DOC-,70 15.00 .70 UTILITIES FACILITIES WARRANTY DEED THIS INDENTURE, made this /~ day of ~/bo& f' , 1998, between NTC Development, Ltd., a Florida limited partnership (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars 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 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 by reference herein) and said Grantor does hereby fully warrant the title to said utility facilities, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities conveyed herein shall not be deemed to convey any of the lands described in Exhibit "A". Grantor and Grantee are used for singular or plural, as context requires. OR: 2504 PG: 0657 IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. Witnesses: NTC DEVELOPMENT, LTD., a Florida limited partnership By: SW Florida Partners, Inc., a Florida corporation, as General Partner : ~- ClauSsen, President ' STATE OF FLORIDA COUNTY OF COLLIER The foregoing Utility Facilities Warranty Deed was acknowledged before me by Robert G. Claussen, as President of SW Florida Partners, Inc., a Florida corporation, as Sole General Partner of NTC Development, Ltd., a Florida limited partnership,('~h"0 "{s personally known t-'~ r who has produced identification. WITNESS my hand and official seal this /~ day of /¢O'A,t/,,¢ f' , 1998. (affix notarial seal) This Instrument Prepared By: C. Perry Peeples, Esq. Annis, Mitchell, Cockey, Edwards & Roehn 8889 Pelican Bay Blvd., Suite 300 Naples, Florida 34108 (941) 597-7088 Print Name My Commission Expires: NOTARY SEAL 8~RLINO CC730692 S,2002 -2- *** OR: 2504 PG: 0658 *** EXHIBIT "A" Tract R of Carlton Lakes Unit No. 2, according to the plat thereof recorded in Plat Book 30, Page 52, of the Public Records of Collier County, Florida. Together with the County Utility Easement (C.U.E.) in Tract L3 of Carlton Lakes Unit No. 2, according to the plat thereof recorded in Plat Book 30, Page 52, of the Public Records of Collier County, Florida. OWNER'S AFFIDAVIT STATE OF FLORIDA ) COUNTY OF COLLIER ) On this lq day of t~0r&~.q,'f'' , 1998, before me personally appeared Robert G. Claussen, as President of SW Florida Partners, Inc., a Florida corporation, as Sole General Partner of NTC Development, Ltd., a Florida limited partnership, owner of property, to me personally known (hereinafter "Affiant"), who, being duly sworn on his oath, did say that all of the persons, firms, and corporations, including the general contractor and all subcontractors, who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction or repair of water 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, nor is any suit now pending on behalf of, any contractor, subcontractor, laborer or materialman, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in the aforesaid premises. Affiant further says that the utility facilities described herein are encumbered by, or subject to a UCC-1 Financing Statement filed with the Secretary of State, Number 950000252883; Mortgage in favor of First Union National Bank of Florida, N.A. recorded in Official Records Book 2128, Page 1637; as modified by instruments recorded in Official Records Book 2285, Page 1534, and O.R. Book 2375, Page 2385; and UCC-1 Financing Statement recorded in O.R. Book 2128, Page 1662; all of the Public Records of Collier County, Florida. Affiant, as and on behalf of the owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A". NTC DEVELOPMENT, LTD., a Florida limited partnership By: SW Florida Partners, Inc., a Florida P~obert G. Clau[sen, President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Owner's Affidavit was sworn to and subscribed before me by Robert G. Claussen as President of SW Florida Panners, Inc., a Florida corporation, as Sole General Partner .... ~ m_~r who of NTC Development, Ltd., a Florida hmned pannersh~p, ~__~s personally known to has produced as identification. WITNESS my hand and official seal this Iq, (affix notarial seal) This Instrument Prepared By: . . day of ~}O~O.~"ff' , 1998. Not~ . Print Name My CommissionExpires: ,~O-~t I~'t C. Perry Peeples, Esq. ANNIS, MITCHELL, COCKEY, EDWARDS & ROEHN, P.A. 8889 Pelican Bay Boulevard Suite 300 Naples, FL 34108 (941) 597-7088 ~ ~ cc73os.2 1 ~'°~*~°~: A~'n. s,~0o= _1 -2- EXHIBIT "A" Tract R of Carlton Lakes Unit No. 2, according to the plat thereof recorded in Plat Book 30, Page 52, of the Public Records of Collier County, Florida. Together with the County Utility Easemem (C.U.E.) in Tract L3 of Carlton Lakes Unit No. 2, according to the plat thereof recorded in Plat Book 30, Page 52, of the Public Records of Collier County, Florida. ATTORNEY'S AFFIDAVIT STATE OF FLORIDA ) COUNTY OF COLLIER ) On this / (~ day of ~3(~q t)~"~,1998, before me personally appeared C. Perry Peeples, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is 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 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 NTC Development, Ltd., a Florida limited partnership (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 2106, at Page 321, Public Records, Collier County, Florida (copy attached). 4. Affiant has examined partnership and corporate information obtained from the Secretary of State. The Owner is current and active within said State, and is currently authorized to do business in the State of Florida. Robert G. Claussen as President of SW Florida Partners, Inc., a Florida corporation, as Sole General Partner of NTC Development, Ltd., a Florida limited partnership, is authorized to execute the instruments on behalf of the partnership in conjunction with the conveyance of the subject real and personal property. 5. The subject real and personal property is encumbered of record, or is the subject of financing statements filed in the Public Records of Collier County, Florida, or the Office of the Secretary of State as follows: UCC-1 Financing Statement filed with Secretary of State, Number 950000252883; Mortgage in favor of First Union National Bank of Florida, N.A. recorded in Official Records Book 2128, Page 1637; as modified by instruments recorded in Official Records Book 2285, Page 1534, and O.R. Book 2375, Page 2385; and UCC-1 Financing Statement recorded in O.R. Book 2128, Page 1662; all of the Public Records of Collier County, Florida. 6. Affiant further states that the information co~tained i~/this Affidavit is true, correct and current as of the date this Affidavit is given. /L ///~-- C. PERRY PEEPLES STATE OF FLORIDA COUNTY OF COLLIER The foregoing Attorney's Affidavit was sworn to and subscribed before me by C. Perry Peeples, who is personally known to me. WITNESS my hand and official seal this/~- day of /3ct4~ct~-'7~ , 1998. Notary Public (Print Name) (affix p~ ...... ~ LFANNE MARIE FARMOS^ ~ My Corem [xpims t~pl S, 1998 ~{-- No CC 388397 My Commission Expires: This Instrument Prepared By: C. Perry Peeples, Esq. Annis, Mitchell, Cockey, Edwards & Roehn, P.A. 8889 Pelican Bay Blvd., Suite 300 Naples, Florida 34108 (941) 597-7088 EXHIBIT "A" Tract R of Carlton Lakes Unit No. 2, according to the plat thereof recorded in Plat Book 30, Page 52, of the Public Records of Collier County, Florida. Together with the Coumy Utility Easemem (C.U.E.) in Tract L3 of Carlton Lakes Unit No. 2, according to the plat thereof recorded in Plat Book 30, Page 52, of the Public Records of Collier County, Florida. iii 1981628 OR: 2106 PG: 0321 ~lCO~D in OffI¢I~ ~!C0~$ of CO~LII~ COIHIYY. 10105/~$ at e~:14~ DWIG~ !. 8~0CI. C015 ~PLI$ ~L 33~%0 DOCUMENT PREPARED WITHOUT LEGAL OPINION OF TITLE THIS INDENTURE, made this 28 day of March , A. D. 1995, between J.D. NICEWONDER, a marred man, Grantor, whose Post Office Address is 148 Bristol East Road, suite B, Bristol, Virginia 24201, to NTC DEVELOPMENT, LTD., a Florida limited partnership, Grantee, whose Post office Address is suite 201, The Beasl. ey Building, 3033 Riviera Drive, Naples, Florida 33940, and whose Security Number or Tax I. D. Number is . (~GrM~tor' end ~rintee" ore u~ecl fM' s{r~atmr or pturit, mi context requires.} WITNESSETH: That the said G~-antor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable considerations to Grantor in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, b4,rgained, and sold to the said Grantee, Grantee's heirs, successors and assigns forever, the following described land, situate and being in the County of Collier, State of Florida, to wit: See Exhibit "A" attached hereto and nade a part hereof SUBJECT TO restrictions, reservations, limitations, and easements of record and taxes for the year 1995 and subsequent years. Tax Folio No.: 00183960009 THIS PROPERTY IS NOT NOW, NOR HAS IT EVER BEEN THE HOMESTEAD PROt;ERTY OF THE GRJ~NTOR HEREIN, NOR IS IT CONTIGUOUS TO THE HOMESTEAD PROPERTY OF THE GRANTOR, WHOSE HOMESTEAD IS IN THE STATE OF VIRGINIA. SUBJECT PROPERTY IS VACANT UNIMPROVED LAND. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1994. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed, and delivered in the presence of: . ,! / Witness #.! ~ .~L~. D. NICEWONDER Printed name 9f witness ~1 .- __~j~ '. /~, , ,,, ,.~ ~,~-..- . witness b2 Printe4 name nf Witness 12 OR: 2106 ?G: 0322 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 28th day of March, ]995, by J.D. NICEWONDER. He is personally known to me. (SEAL) No~y Public ~ , . , Printed Name ~)~N$ T ~;IL 6/~lt%~J Cg~ission No. My Commission expires NC)TA&Y ~ ~TA'I'E OF CI~O, II~S~I NO. C~92 I~IY COldkil~lON ~:X~. DE(2. This Document Prepared By: Sharon M. Zuccaro, Esq. Budd, Thompson & Zuccaro 3033 Riviera Drive, Suite 201 Naples, Florida 33940 *** OR: 2106 PG: 0323 *** EXHIBIT "A" All that part of the west 1/2 of Section 19, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows: BEGINNING at the southwest corner of said Section 19; thence along the west line of said Section 19, North le-07,-34,, West 100.00 feet to the north line of an easement for drainage purposes as described in Deed Book 44 at page 78, Collier County Public R~co~ds, Collier County, Florida said point also being the southwest corner of that ~arcel as described in o. R. Bo~k 767, pages 1508 and 1509 and O.R. Book 768t pages SZS and 829 Collier County Public Records, Collier County, Florida; thence along the boundary of that land as described in said O.R. Book 767, pages 1508 and 1509 and O.R. Book 7~8, pages 828 and 829, collier county Public Records, Collier County, Florida the following described nine (9) courses; 1) North 89°-09'-48', East 50.00 feet; 2) North 1°-07'-34'' West 549.50 feet; 3) North 88e-52'-26'' East 30.00 feet; 4) North 1°-07'-34'' west 2017.43 feet; 5) North 0o-58'r48'' West 582.54 fee~; 6) North 89°-01'-12'' East 360.00 feet; 7) North 0~-58'-48'' West 800.00 feet; 8) South 89~-01'-12,, West 400.00 feet; 9} North 0°-58'-48" West 1280.00 feet to a point on the north line of said Section 19, which lies North 89'-20'-08~e East 40.00 feet from the northwest corner of said Section 19; thence along the north line of said Section 19. North 89o-20,08,, East 2592.26 feet to the North 1/4 corner of said Section 19; thence along the north and south 1/4 section line of said Section 19 South 1"-08'-21,, East 1716.05 feet; thence leaving said line, South 89o-09'-48'' Wust 750.00 feet; thence South 1°-¢8'-21'' East 3605.71 feet to the south line of said Jection 19 and the south line of that drainage easement described in said Deed Book 44, page 78; thence along said line, South 89°-09'-48'' West 1890.21 feet to the southwest corner of said Section 19 and the Point of Beginning of the parcel herein described; .,r~r~ FLORIDA ~ ~ UNIFORM COMMERCIAL CODE FINANCING STATEME~ ~ FORM UCC-1 (REV. 1993) i. ~~.~ ~ , , - 2450 Pier ~1.~. J ~on, ~ J 33942 ~~ ....... ~-~ ................. l~~' 1~; ~c~ ........... 580[ ~t~ ~y B[~. j N~Ze~ ~ / 33963 ~~~~~ ................. All that certain persona[ p~t-ty :k. ncr£bed cn tu%e attached Exhibit A which is located ~1% tha~ certain r~.,~l p~y described cn the att___nx~d Exhibit B. I~,~'~ed. M~ M~M e chenge M nMM, k~, M lN~X)rlll ltmct~ M fl~ W SEE A/TAC}~D SI(~U%TURE PAC~ SEE AT~N~D SXCNATURE PAGe: Na~e A~ C~. State. Ze Robin C. Thc~s, E.~.t. ~k'ant, Frfdkin & P~ar.~on, P.A. 555]. ;;id(:.~..-..:.,o.] L,'rtve, St,_,. 501 Naples, FL 33963 t I, INC_. OFFICER COPY STANDARD FORM - FORM UCC-1 ,.:~- ~.~L-~ ~ .,,r.r:-~ -.."~%, .J~ ~ ~-, . . ...: . ' .. ~,_. ........ . . ,. .... ~ ~ ,~ · . .~ .......... ~ .: ~,.~' ;- ?'~ ~' :;-~-S. x,.,'. ~E;k~ ;" ' ';;:' ~'. :F~:'': . :~ :.:~.'.~4~ t FIRST UNION NATIONAL BANK OF FLORIDA, a national bankin8 ~ssociatio, NTC DEVELOPMENT, LTD., · Florida limited partnership By: SW Florida Pm'met,s. · Florida general partnership, its sole general panner with f~ii authority to ~ct on its behalf Robert O. Claussen, as M~.aginli General Partner with full authorit7 to sct on its behalf All buildings and improvements of ever,.. I~ind and description now or hereafter circled or placed on the real property legally de~ribed i~ l'.'xhibit 13 hereto and owned by the Debtor (the "Premises") and all materials Intended for construction, reconstruction, rehabilitation, alteration m~d repairs or such Improvements now or hereaflcr erected thereon, all of' which mmcrials shall be deemed to be Included within the Premises Immediately upon the delivery thereof' to the Premises, and all fixture~, goods and articles of personal property now or hereafter owned by Debtot~ and attached to or forming a pz~rt of or used in connection with the Premises or be operation ired convenience of any building or buildings and Improvements located thereon, including, but without limitation, all f'urnit,re, furnishings, equipment, apparatus, machinery, motors, elevator~, Bttings, screens, awni~gs, pm'titions, and convenience of the Premises, and all plumbing, electrical, heating, lightit~g, v~ntilating, ref.rigeraling, incineration, a-Jr-conditioning, and sprin~lcr cquipmcnt, s~stem.~, fi,<t~r,~, and conduits (including, but not limited to, all furnaces, boilers, hot-and-cold v.~tcr c,l,il~m~:nt and system), and all renewals or replacemcnLs thereof' or articles in substitution thcr~fhr, in ,'ill cases whether or not Ihe ~nle ate ot shall be attached to the Premises in any manner. All right, title, estate, and interest of' the l.*cl~t~rs in and to the Premises, propcrty, improvements, furniture, f.umishing, apparatus, and fixl,res hereby conveyed, a~signed, pledged, laid hypothecated, or intended so to be. All accounts receivable, rent-~, issues, pr(d'it.~, r~yaltics, income, and other bene~t~ derived from the real estate. All leasehold estate, right, title and !'~tcre~t of Debtors in and to all leases or subleases coverin8 thc Premises or any portion thcrcol' n<,w or hcrenficr existing or entered into, and all right, limitation, all cash or security dcposit~, advance rentals, and deposits or paymcnL~ of slmilat nature. All awards and other compon~tion hcrctot'ore or hereafter to be made to the present and all subsequent owners ot' the Premises ~r any taking by eminent domain, either permanent or tempornrT, of. all or any part of. the Premi~c.s or any easement or appurtenance thereof.~.~n, eluding severance and consequential damage nnd change in grade of streets. Ail insurance proceeds a.s a result ot'dRm~ge ~r de.~lruction to die Premises. ~.-'~' All account~, general intangibles, contract rights, chatlel paper, deposit acco~.l~ money,~ documcnts, cncumbrances and instruments, now or herealter owned by Debtor al~l~ relnl~ used in connection with or arising out ot' the prcnfi.~es or any improvements Iocnted~ereofL.~ All proceeds o1' the foregoing and all ~ubstitmions, replacements and accessions thereto. The security interest herein is limited lo such of'the for:going a~ is owned by Debtors. I~C( I XIIIII IXK.' EXHZB[T ~ - LEGAL DBgCRZP?XON All that pa~t of the viii 1/2 of 8action l~ ?ovnahip 4e Bou~h~ Range 26 EsOt, Collier County, Florida being moro particularly described al BEOZNNZN~ at the loUthvest corner of said Section 19; thence along the viii line of laid Section 19, North 1'-07'-34" Vest 100.00 feat to the north line of an easement for drainage purposes as delcribed in Deed Book 44 at page ?8, Collier County Public Records, Collier County, Florida said point &leo being the Iouthvelt corner of that parcel as described in O. R. Book 767, pages IS08 and 1509 and O.R. Book 768, pages 828 and 829 collier County Public Records, collier County, Florida; thence along the boundary of that land as described in said O.R. Book 767, pages ISO8 and 1so9 and O.R. Book 769, pages 828 and 829, Collier County Public Records, Collier County, F~rida the fol!ov~ng described nine (9) courses; 1) North 89'-09'-48' East SO.00 2) North 1'-07'-34" Nest 549.50 3) North 88'-S2'-26" East 30.00 feet; 4) North 1'-07'-34' Vest 2017.43 feet; S) North 0'-S8'-48" Vest S92.S4 feet; 6) North 89'-o1'-12" East 360.00 fee~; 7) North 0'-5e'-48" ~es2 S00.00 feet; S) South 89'-0L'-12" Vest 400°00 feet; 9) North 0'-Se'-48' Vest 12e0.O0 feet to a point on the north line of said Section 19, vhich lies North e9'-20'-0~" East 40.00 feet from the nocthvest corner of said Section thence along the north line of said Section 19, North East 2592.26 feet to the North 1/4 corner of said Bect£on thence along the north and Iouth 1/4 section line of laid Section 19 South 1'-09'-21' East I?16.OS feet; thence leaving said line, South 89'-09'-49" Vest 750.00 feet; thence South lo-O8'-2Lt° East 3605.71 feet to the south line of said Section 19 and the south line of that drainage easement described in said Deed Bock 44, page ?8; thence along said line, South 89'-09'-48' Vest L890.2~ feet to the southvest corner of said Sect£on 19 and the Point of Beginning of the parcel herein described; L~YER'$ ~BSTR~CT mD:a4~7742627 MAR 23'98 16:02 Na.Ol4 P.02 2003919 OR: 2128 tG: 1637 UC~lO 11 OII~CI~J, ILI~OI~I QI C~]II a~ Ilitllll. II ftc lPP Il ti: SlOP TJOI~IOI rr 3031 I~tlIIA Iii t201 I,U~ll IL IIIII£OR 0££1CD*1 USEON~ ~' MORTGAGE AND SECURITY AGREEMENT AND ASSIGNMENT OF LEASES, RENTS AND PROFITS THiS MORTGAGE is execuled &q of this .~ day of 4),'(T/nb,', 1995, ir, favor of FIRST LINION NATIONAL BANK OF FI.ORIDA, a nalional banking association (hereinafter referred to ax the "Mortgagee"), whose address is 5801 Pelican Bay Boulevard, Naples, Florida, 33963 by NI'C DEVELOPMENT. I.TD,, a Florida limited pm'mership (hereinafter referred to m "Mortgagor"), whose address for notice under this Mortgage is 2450 Piper Boulevard, Naples, Florida, 33942. WI TN E S S E'r 1t: That {'or divers good mid valuable considerations end to secure the payment of an indebte.,dness in the aggregate surn of EI,EVEN MILLION ONE IIUNDRED THOUSAND AND NO/100 DOI.LARS ($11,100,000.00) or $o mt;eh theroof its may be outstanding, to be paid in aucord~nce with (i) a promissory note of even dale herewith in tile amount of SEVEN MII.I.ION ONE }[UNDRED T}IOUSAND AND NO/100 DOLLARS ($'/,100.000.00) ("Note 1"), and (ii) a rcvoNing promissory note OI' cron date hen;with in thc face amount of FOUR MILLION AND NO/lO0 DOLl. ARS (54,000,000.00) ("Note 2"), together with interest on said Notes trod may and all sums due or which may become due from the Mono,got to thc Mortgagee, the Mortgagor docs gnmt, bn.rgain, sell, alien, rcmise, rclea.sc, convey and confirm mzto thc Mortgagee its successors emd assigns, in thc simple, all of that certain tract of Im~d of which the ,M.~rtg~gor in now ~ized nnd possessed ar:d in actual pos~ssion, situate in the Cou,W of Collier. State of Florida, which is more fully &scribed in Exl:ibit "A" attached hereto nmi made ,, part hcreo, together with the building.~ and improvements thereon erected or to be erected (hercinafh referred lo as tile "Morlg~ged Property" maturity date of-~4'(." fa', /'~, , 1997. Under Note 2, amounts may bc repaid rcadvanccd so th.t the cumulative amount advanced may exceed in the aggregate $4,000,000.09, but at T)o time shall thc principal bal,'mcc ou~st,'mding exceed $4,000,000,0f'S. (Nutc I and Note 2 arc c, ollcct:vcly rcftqrcd tO herein ns the 'I'QC;E I'itER with: (i) ,ti: Ic,~schold estate, and all rigl~t, title and intclest of Mo.qgagor iu and to all leases or subleases covering thc Prcmist:s ur ~sy portion thereof now o~ l~erealter existing or ABSTRACT 1D:9~I?742627 MAR 25'98 16:02 No.O14 P.OS OR: 2128 PG: 1638 catered rolo, nnd all right, titlt: and interest of Mortgagor thereunder, inctudlng, without limitation. ,~l~ C~L,~h or security dcposils, advance real. aN. and deposils or payments of similar (ii) all right, title and interest of Morlgagor in and to all oplions to purchase or lease tile Pren'~iscs .r any portion thereof or interest therein, and any stealer estate itl the Premises ow.ed or hercaflcr acquired; (iii) all gores, casements, streets, ways, alleys, rights.of-way and rights used in connection therewilh or as a mcan.~ of access lher¢Io, and all lenemenls, heredi,.amenls and ~ppunen.'mces thereof and therelo, and all water righls; 'iv) any and all buildings, slructurcs anti improvements now or hereafter erected ther..~a, including, but not limited to the fixtures, altnchments, applinnce~, equipment, machiner% and olhcr anlclcs attached ~o said buikling$. ~lructures and improvements (somelimes hcrt. inafler referred lo as thc "Improvements"); (v) all fixtures, appliances, machinery, equipment, furnilure, fumishi.gs and nrliclcs of personal property now or hereafter affixed to, placed upon or used in conn,:clicm w:th operalion of any of said properties, nil gas, s~eam, eleclric, water and olher heating, cooking. rcfrige~aling, liglmng, plumbing, vemilnling, i~igating and power syslems, machines. appliances, fixtures, and appuaenm~ces which ~e now or may herea~er ~anin or ~ used wilh, in or on said Premises, even though lhey may ~ delaehed or delnchable ~d all building improvement nnd consm~clion malerials, supplies and equipment hereafter delivered Premises conlemplaling inslnllnllon c~r use in the constn~ctions thereon nnd all 6ghts ~d interesl of Motlgngor in bailding perils and ntchiteclural plans ~d s~cifiealions rel:tllng contemphled consUuctions or Improvcmenl~ on said Premises nnd all Mo~ngagor in present or fl,~urc m.rtgage loan commitments ~naining to any of ~id P~'emisgs or Improvements thereon (son~clitn:s hcrcinaller l'Cfcgcd lO as thc "Pc~sonnl Propcay"); (vi) nil awards and proceeds of condcmnatitm for lite Premise..; or nary pall thcrc, f to which Morlgagor is enlitlcd For any Inking of all or ~y pan ol thc Premises by condemnation exercise of thc right of eminent domain. All such awards and condum:,ation proceeds ~e hereby assigned m Mortgagee nnd ~he M.ngngee is hereby authuriz~d, subject to lite provisions contained in this Mortgage, to apply such awards ~d condcmtmtion proceeds or any pan ~hcr, a~er deducting ~bcrcfrom any cxpcnscs incurrcd by ~he Mo~gagcc m ~he collection or handling thereof, toward thc paymcnL in full or in pa~, of the Notes, notwithstanding the fact thal thu mnount owi~g thcreo, may no~ then ~ duc and payable; (,,'ii) till rents, isst{c$ nnd p~oli~s of thc Premises and nil the esi.ate, right, title nnd intcrcsI of every nature whatsoever of thc Mortgagor in ~md m thc same; (vi,0 :,11 ~tccounl,; (including conlracl .-ights) and general intn.:l:,.iblcs pcrlaining to or arising frt,m or in conncclio~ with all .r any part of thc Mortgaged l'ropcrty, as hereinafter _ ~,LR S ABSTRACT IB:94,7742627 MAR 23 98 16:03 No.O14 P.04 OR: 2128 PG', 1639 dcfmed, includ{ng without limJtntion all proceeds nnd choscs in action arising under any insurance Ix~licies maintained whh respect to all or any pea or,he Mortgaged Property; and, (ix) a~l proceeds, products, replaccmcnts, addilion.,;, sub,~fitutions, rcnuwMs and accessions of any o['~hc £orcgomg items. All of thc fi>rcgoing mai and personal properly, and all rights, privileges and franchises are collcctlvcly referred lo as the "Mortgaged Property". TO ttAVE AND TO IIOI.D all and singular the Mortgaged Property hereby conveyed, and the tenements, hercditaments and appurtenances thcrcumo belonging or in any'..'i~ appertaining, and thc reversion and reversions, remainder and remainders, reals, issues mid profils :" areof and also all the estate, right, lille, interest property, possession, claim and demand what:...:'vcr as well in law m~ in equity or thc said Mortgagor in and to the same and every pa,ri and parcel thcrcof unto thc ~id Mortgagee in fee simple. PROVIDEI) ALWAYS thai if the Mortgagor shall pay to the Mortgagee any and all indcb',cdncss duc by Moagagor to Mortgagee (including the indebtedness evidenced by the Notes and any and all renewals of thc same) and shall pcrfonn, comply with and abide by ezch and every siipulntion, agreement, condition, and covenant of the Notes and of thi.~ Mortgage; lhcn this Mortgage and thc estnle hereby created shall cease and be null and void, Provided. it is further covenanted and agreed by the Mortgagor hereto that this Morlgagc also secures the paymcnt of and includes all future or further advances as hereinafter scl forth, lo thc same extent a.q if such were made on thc dale of the execution of thi.g Mortgage, together with an)' disbursements mude for thc payment of tax, levies or in.~urance on ~he Morlgagcd Property, with intcrcsl on such disbursements ,t thc Dc fault Rate as hcrcinaflcr defined. To protect thc security of this Morlgage, lhe Morigagor f~rlher covcnanls, warrants and agrees v, ith the Morlgagcc its follow~: ARTICLE I COVENANTS AND AGREEMENTS OF MORTGAGOR 1.0l. Payment of Secured Obligalions. Morlgagor shall pay when duc the pdncil~,~ of, and thc interest on, O~c indcbtcdnc.qs evidenccd by the Nolcs, and the charges, fees and ti principal of, and interest on, any future advances secured by this Mortgage and shall otherwise comply with all of thc terms of thc Notes trod this Mortgage. i.02. Warranties and Reprcscntalions. Morlgagor hereby covenants with Moagagec 0ml Mo~gagor is indefcaqbly sei~d of the Mortgaged l'ro~ny in fcc simple: that ~c Mo~gagor h~ full ~x~wcr and }a~ul righl ~o co]~vey Iht ~c in fcc simple as aforc~d; ~at i~ shall ~ lawful For Mortgagor at ail limes ~accably ~d quietly lo cater u~n, hold, ~cupy ~d enjoy ~xid Mo~gagcd ProB~ny and c~cD' paa thereof; thai Mortgagor will m~c such further assurances Io l~rfcx'i Ibc llcn inlcrcsl in ~id Premises in Mortgagee, aq may reamnably ~ _ZsYER'S ABSTRACT ID:941~74262? MAR 23'98 16:04 No.O14 P.O5 OR: 2128 PG: 16 0 required; mid fl~al Mortgagor does hereby fully warrant the title lo thc Mortgaged Property and every pan thereof and will defend the same against the lawful claims of all per.~ons whomsoever. Mongag0r further represents and warrmlts to Mortgagee that all information, repons. paper, nnd data given to Morlgagee with rcspc¢l to Mortgagor, and to the loan evidenced by tile No,es and Mortgage are accurate and correct in all material respects and complele insofar as may bc ncccssary to give Mortgagee a true and accurate kn0wledgc of file subjcc! matter. 1.03. Ground Leases, Subleases ~nd E~emen/~. Morlgngor, nt Morlgngor's sole ~osl nnd ex~n~, shntl maintain ~d cau~ to ~ ~rro~cd all of ~he covenanls, ngreem:nls, leans. conditions ~d provisions on ils p~ lo ~ kepi, obse~ed ~d ~rfo~cd under ~y crowd Ieee, l~e, 5~.blease or u~sements which may constitute a ~nion or or ~ interest in O~e Premises, shall r~ui~ its len~ts or sub~cnnnts Io keep. obse~e ~d ~r~onn ~ll the coven~ls, agreements. lerms, conditions nmi provisions on their pm to ~ kcpl. obsc~ed or ~rrormcd under ~y ~d all ground ]~ascs. ]c~es, subleases or ensemems: nnd shall nol su~er or ~mfit uny breach or default to occur with rcs~cl Io ~hc foregoing: ~d in dcruul~ lhereof~he Mo~gagcc shall have Iht right ~o ~rfom~ or Io require ~rro~cc or~y soch cov~nank~, ~grccmcnts, tc~, conditions nr provisions of any such ground lease, lease, suble~c or c~emcnls ~d lo add any ex.nsc incur'red in connecl~on fl~ercwlth to ~he debt s=c~d hereby, ~hich such cx~nsc shall ~= interest from thc date of payment Io Ihe dale of recove~ by ~e Mortgagee al the Defnull Rale ns hereinafter defined, Any such pnymem by Ibc Mortgagee with ime~st thereon shall ~ immeOiately due ~d payable. The Mortgagor shall not, ~lhoul lhe consent of the Mo~gag~e, consem ~o lhe modification, ~endmcnl. c~ccllntion, Icnnina~ion or surrender of ~y such ground lc~sc, lease, sub:.t:~e, or cnsctnenl. No ~elcnse or forbearance o1' any of the Morlgagor's obligations ~mdcr any such ground lease, lease, or sublease, sh~ll release Morlgngor from ~u~y oF ils ohllg~llons under this Mortgage. i.04. Rt, quirt, d Ins.rancc. Morlgagor shall, at Mortgagor's sole cost ,'md expense, maimain or cause Io be mainlaincd with ~'cspecl Io lhe Morlgaged ['~ope~ly, mxl each pml fllcrcof, lhe following insurance: (t{) ]nsurnn¢c against loss or damage to the Improvements by file mid ally lJl~ risks covcrcd by insurance o~ thc type nnw kno~ as "~re ~,nd extended coverage." in am~ounl not less lhun the originnl m~)o~mt of tile Notes or the full replacement cost of the Improvements; and (b) Such other inst~rance, m~d ill such atn,)unts, ,~s may lioin Iime to time be required t.,y Mortgagee against thc same or other hazards. All policies of insurance required by Ibc tenns of this Morlgage shall t:ontuln an endorsement or agreement by ~he insurer lhal ,'my loss shall bc payable ~cmas of such policy notwiths~tu~ding arly .el or negligence of Mortgagor which mighl ~esult in forfeiture of said insurance and thc fi~r~h~r agreemenl of the insurer waiving ali set off, cotmterclnim or deductions against Morlg;sgor LAWYER'S RBSTRRCT 1D:9417742627 MRR 25'98 16:05 No.O14 P.06 OR: 2128 PG: 1641 Mor~ga~,or m.',y cfl"cct for its own account ,ny insurance Ilot requ{rcd under this 104, bt,[ any such im~urance cfl'cctcd by Mortgagor on the Morlgagcd ?ropcrty, whether or so Icquircd, sMll bc {'or the mutual bcncfil ~£ Mnrtga~or and Morl,gaEcc and shall bc subject lo thc olht'r provisions of this Morlgngc. 1,05, Delivery [)t Policies, Paymen! of Premiums. All politics of insurance shall be issued by companies and in ~ounts in each company salisfaclo~ to Mo~gagce, Any ;cch insur~ce company shall have a Besl's rating of A t~r A+. All policies of insurm~ce shall have a~lncbe., therein a lender's loss payment endorsement for thc sali~uc[o~ to Moagagee. Moggagor sh~ll furnish Mo~gagec with ~ original ~liey of all ~licies of required insun~nec. If Mortgagee consents Io Mo~gngor providing any or e required insurance through blanket policies c~ied by Mo~gagor and covering more Ih~ on~ Iocalion. then Mong~gor shall' furnish Mo~gagcc with a cc~ificalc t~f insur~cc for each sttch ~licy setting forth the coverage, thc limits of liability, ~c n~e of thc c~ier, the ~licy numar, mid thc expiration date. A~ least thirty (30) days prior lo thc cxpiration of each such ~licy, Mollgagor shall f~i~h Mortgagee wilh evidence satisracto~ to Mo~gag~c of the payment of premium and Ibc reissuance of a ~licy continuing insurm~ce in force ns required by thi~ Mo~gagc. All such N]llcics shall contain n provision Ihat such poligics will not ~ cm~celed or m~terinlly amended, which tem~ shall include nny reduction in lhe scope or limits of coverage, without nt least thirty (30) days prior written notice to Mo~gngce. In tho event Mo~gagor fails to provide, m~intain, keep in t'orcc or deliver ~d furnish to Mo~gagce U~e ~licies ~cquired by this Section, Mo~gngec may procure such instate or single-interest insurance for such risks covering Mongagec's in~crcst, and Mortgagor shall pay all premiums thereon promptly u~n demand t,y Mortgagee, m~d until such paymenl is made by Mortgagor, the ~ount [)f all such prcmium~ together ~vqh imcres[ thereon al the tale of interest aRcr matuNty or defauh provided ;n iht Notes or the maximum rotc pvnnilled by Florida law. ~hichevcr i~ less (the "Dc~utt Rate") shall be algomed lo be a pan of the indebtedness s~curcd by this Mortgage. 1.06. Insurance Pruct'ed~. After tile happening of any casualty to the Mortgaged l'ropcrty or ;my p;~r'x tht.'reof, Mortgagor shall give promp! w'rilten notice thcrct~f ~o Mortgagee. (al In thc cvcnt of ,'my damage to or dcstrucfion of the Mortgaged Property, Mo~gagcc shall have tt~c option m its sole discretion of applying or paying all or p~ of the insurance procccds [i} to arty indcNedness secured hereby nnd in such order as Mortgagee may determine, o: (ii) to the rcsIor~litm of the lmp;ovcmcnts, or (iii) lo Mo~g:ngor. (b) In thc event t~f such los~ or dtmmgc, alt proceeds of insur;mcc shall bc payable to Mortgagee, a~d Morlgagor hereby authorizes nnd directs any afl'coted insurance company to make pnymcnt of such proceeds directly Io Mortga£ce. Mortgagee is hereby ;roll;on,'cd nn~l cmpov, crcd by Mortgagor lo sculc, adjust o~ comp:ol,:isc any claims for loss, dam;igc or dcstructitm under rely }x, liuy ¢,r policies of insur;mce. (c) l-'.xccpt to lhe extcm that in~utat~cc p~occcds arc rt't'clv;'d by Mm'tgagec and applied to the i~ldublcdncs5 ~t'c art~d he,eh)', uothing he,cia containcd sht,ll be due,ned c vER'S aBSTRACT ID:94i7742627 MAR 23'98 16:06 No.O14 P.O? OR: 2128 PG: 1642 excuse Mortgagor from repairing or msinlaining thc Mortgaged Properly us provided in this Mortgage o~ ,csloring all damage or deslruclkm to the Mc~r~guged Propcrly, regardless or whether or m)t there :ire insurance proceeds available or whether any st,ch proceeds arc s~,f]'icicn! in n,nuunl, nnd thc application or release by Morlgagee of any insur.',nce proceeds shall nol cure or waive troy dcfaull or notice ofdefault under this Mortgage or invalidate any act done pursuant to such notice, 1.07, Assignment of Policie~ Upon Foreclosure. In the event of foreclosure of INs Mn,lgaee or uther tr~msfcr of lille or assignment of'the Mortgaged Properly in exlinguishmcnl, in who', or in pan, of thc dc[,l secured hereby, ;~ll righl, title ~md inlcresl of the Mo~mgngor in and to all policies of insunuice required by this Sectio~ shall inure to the benefit or and pass lo the successor in inleresl to Morlgagor or the purchaser or grantee of the Mortgaged Property. Mortgagor hereby nppoinls Morlgagcc its auomey-in-fnCl to endorse'any checks, draft or other i,{strumems reprcscming any proceeds of such insurance, whether payable by rca.~on or loss thereunder or othe,~ise. 1.08. ':'~.,,em, Utilities ~nd Impu,4linns. Mortgag~r shall pay, or c~usc to be paid ~d disch~ged, on or ~'forc the l~l day on which they ,any be paid without pennliy or intcresl, all such duties, luxes, scwvr ~nts, ch~gcs for w~tcr, or for setting or repairing of meters, ~d all other u~ilidcs o,~ ibc Mo.g~ged Pro.ny or ~y pu~ Ihe~of, ~d any assessments ~d payments, usual or ullusunl, cxtraordin~ or ordinal, which shall ~ impo~cd u~n or ~comc duc and pa)'nblc or ~comc n lien u~n the l'~mlscs or nny p~ thereof nnd the sidewalks or sifters in rr(mt thereof[md ~y vaults therein by vi~ue oF~y present or future law of fl)e United Slates or of thc grate, County, or Ui/y wherein d~e Premiscs are located (all of thc Foregoing being herein collectively called "hn~sidons"], In defnutt of any such payment of any imposition, Moflgt, gce may p~y thc same and thc ltmount so paid by Mo~gagce shall, at II{c Mo.gagcc's oplion. ~comc immediately duc and payable wilh interest at Ibc Dcfnu}l Rule nmi shall be deemed p:ul of the mdcblcdncss sect,rcd by this m~.gage, Il'ut ltny time lhtq'e sl,lfil bc assessed or imlx~scd (i) a lax or [~ssessrncnt on thc Prcnlises lieu of o~ in [,ddititm to thc Impositions payable by Mortgagor pursuanl to tiffs section or (ii: license fcc. ~x or nssessmcnl im~sed on Mortgagee ;md meas~aed by or b~cd in whole or p~n u~n lhe nmotmt off Iht outx~ding obligalions secured hereby, then all such nsscssmcnls or fees shal{ be deemed to ~ included with the lenn "Impositions" ns defined in this Section, r, nd Mt~g.gor shall pay trod discharge Ihe s~c ~s hereto provided with rcspcc~ lo the payment of [n~posilions or, ui the option of Mortgagee, all obligations secured hereby, together wid~ nil ~ccmcd interest fl~ereon, shall immcdmtely become due and payable. An~hing to conunry hcrcir, no~will~stnnding, Moagagee shall have ,m ~)bljgniion to pay ~my franchise, inhcrmmce, inet)mc, excess profits or slmil~ i~x levied on Mortgagor or on thc obllgnlions secured hc,'eby, ,M.tagagor shrill pay all nmnga[:e recording t;~xes mid fcc..; puyah c with respect to Ih~s Mmlgagc t,r mhc,' ,uc,~lgagc or ira~slZ'r taxeg due on accom~t of lifts Mc~rigugc or the Noteg ~;ccu~cd hereby. LP~¥ER'S RBSTRfiCT :D:9417742627 MfiR 25'98 16:06 No.014 P.08 Oil: 21 B PG: 16 3 Mortgagor shall exhibit to Morlgagee the original receipts or o~her safisihcto~ proof of thc payment of all lm~sitions which may affcc~ fl~c Mortgaged P~y ~ny pa~ thcrcof or ~he lien or fl~e Mo~g~ge promptly following ~he last dare on which each lm~sltions is payable hereunder, No~wifl~s~anding thc foregoing, Mortgagor shall have Ibc righl, after prior ~itten notice to Mo~aBcc. to conlcst at its own ex~nsc thc amount ~nd vnlidily of any lm~silion aff~ting Ibc Mo~g~d Pro~y by ~ppropria~e proc~dlngs conducted in good faith ~d ~ duc diligence m~d ~o ~sl~ne or defer paymcnl thereof, if~d so long ~: (al Such proceedings sh~ll o~r~c lo sus~nd fl~e collection or ~uch lm~',-,tion fi'om Mortgagor or the Mo~gaged Pro~rly; or (b) Neither ~e Mo~g~gcd Pm~ny nor ~y p~ U~creof would ~ in immediate dnngcr or ~inB forfeited or los~ by re.on or such proceedings, ~s~ncmenl or dcrcrmcnl; nnd (c) In tl~c c~c of any im~sifions affecting tl~ Mo~B~gcd Pm~ny which might ~ or ~com~ a lien, encumbrance or ch~g~ u~n or rcsul~ in ~y fi)rfcit~c or loss of Mo~gn~ed l'ro~r~y or m~y p~ ~c~of, or which migh~ result in loss or d~nge Io Mortgagor or Mo~gagcc, Mo~gu~or, prior to lhe dale such Im~sifion would bccom~ delinquent, shall have f~mishcd Mo~gagcc wi~ sccurily sa~isfaclo~ Io Mo~gag~c, and, in tho cven~ that such securiiy is f~ishcd. Mo~gaBec shall no~ havc ~h~ figh~ during lh~ p~dod of the con~os~ to pay, remove or discharge ll~e Im~sifion, 1.09. ~sinlcn~nc~, Rcp~i~. Allcr~lion~, Mo~gagor sl~all kccp ~e Morlgaged Ptolemy. or cause ~hc ~amc h, ~ k~pl, in go~ condition nnd repair nnd fidly p~o~cctcd flora clements ~c) ~hc satisf~clio~ of Monil~gcc; Mo~g~gor shall nm commil nor ~rmil commil~cd waste fl~c~con and sh~ll no~ do nor ~nnit Io be done any nc~ by which ~hc Pro.ny shall ~.comc less vtdu.ble; Mortgagor will not remove, demolish or s~mc~uruliy allot ~u~). of thu lmpruveme~lls ~.xccp~ ~.ch al~cr~ti(ms a~ may be rcquirt'd by I.ws, ordinances or rc~ulnllons) withou~ tl~e prior written ~mfission of the Mo.gagee; Mo~gngor shall complete promptly and m is ~ood and workm~uflike manner nny btdlding or other impiovcmcnt which ~ conxt~ctcd t,n thc p~mises m)d promptly restore in like n'.anncr any Improvements w~,ch m~sy ~ damaged or destroyed fl~e~on nnd will pay when due ~11 claims for lair ~rFo~cd matcri~s fumishcd therefor; Mortgagor shall usc ~d o~rale, and shall require its lessees to usc or o~mtc, the Mo~ga~cd Pm~ny in compli~cc ~th sll applicahte laws, ordinances, regulations, coven~ms, conditiuas and rcsidcth~ns, ~d with all applicable rcquircmcnls of ground lense, lense or sublease n~w ~,r hcreaAur affecting the Premises or any parl lhercol', Unless required by lliw or unless Mortgagee h(ts olhcrwisc l~grccd in w~ili~)g. Mo)~gagor shall not allow ch~Bcs in thc stutcd us~ of Mo~gagcd l'ro~ny From lhal which w:~ dis~h)scd ~ortgag~'c .t th~ Umc of execution hencol, h.loHgagor sh~ll not initiate or acqulescc to a zoning chalice of the Moligagcd I'ro~ny without the prior notice Ii) and consent o~ Monga~cc ~nd its :cprcscntativos sl~al[ have sccc~s lo thc Premises at ali reasonable times ti) L~B¥ER'S ~ESTR~CT ID:gLi7742627 NaR 23'98 16:07 No.O14 P.99 OR: 2128 P',: 1644 dctcrmi,c whether Mortgagor is complying with its obligations under this Mortgage, including, but not limhcd '.o, those scl out in this Section, 1.I0. Eminent Domain. Should the Mortgaged Property, or any part thcmotor interest therein, be taken or damaged by reason of any public use improvement or condcnmah 'n proceeding, or in ,'my other manner ("Condenmation"). or shou]d Morlgagor receive any notice or other information regarding such Condemnntion, Morlgagor shall give prompt written notice thereof to Morlgagee. (a) Mortgagee shall bc entitled to all compensation, awards ,'md other pay,ncnB or relief granted in connection with such Condemnation, and shall be cntltled, at its option, to commence, appear in ,'md prosecute in its own nmnc any action or proceedings relating therclo. Mortgagee shall also be entitled to make any compromise or settlement in connection with ~..~ch Inking or damage. All such compensation, awards, damages, righls of action and proceeds awarded to Mortgagor (the "Proceeds") arc hereby assigned to Morlgagee and Morlgagor agrees to execute such further assignments of the Proceeds as Mortgagee may require. (b) In thc event any Ix~rtion of the Morlgagcd Property is so taken or damaged. Mortgagee shall have thc option in ils sole and absolute discretlun, to apply all such Proceeds, after deducting therefrom alt costs and expenses (regardless or the particular natttrc thereof and whether incu,wcd with or without suit), including attorneys' fees, incurred by il in com~ecti¢m with such Proceeds, upon any indebtedness secured hereby, or to apply all such Proceeds. at,er such deductions, to the restoration of the Morlgaged Property upon such conditions ~ Mortgagee may determine. Such e, pplication or release shall not cure or waive any default or notice of&fault hereunder or invalidalr any act done pursuanl to such notice. (c) Any amounts received by Mortgagee hereunder (after payment of any co.,Ix in connection whh obtaining sm'ne), shall, if retained by Mortgagee, be applied in payment of any accrued interest ~u:d then in reduction of the then outstanding pd.cipal sum of the Notes, n,twilhstanding thai same may not then be duc ~d payable. Any amount so applied to principal slndl b~ applied to lhe payment of installmcnls of principal on thc Notes in inverse order of ils due dole. 1,1 i. Action~ i)y Morlgagce to Preserve Ihe Security of thin Mortgage. If t; c Mortgagur fails lo make any payment or to do any act as and in thc ma:mcr provided for in ti s Mortgage or the Notes, the Mortgagee, in its own discretion, withoul obligation so to do and without notice lo or demand upon Mortgagor and without releasing Mortgagor from any obligation, may make or do thc same in such maturer and lo such exlcnt a.,; Iht Mortgagee :nay dccm neccss~sry to protect the security hereof, Mortgagor shall pay upon demand all expense incurred or paid by Mortgagee (including, but not limited to, slim'heys' fees and court costs including th.se of appcllate nnd bankruptcy proceedings) on accomtt of th:' exercisc of mxy of the aforesaid rights o~ privileges or on uccount o£any litigation which mt~y arise in connccOon with this Mortgage or the Notes ur tm account of any attempt, without litigatiou, to enforce thc terms o£ this Mortgage or said Notes. In ctt,~c the Mortgaged Property or e. ny purl thereof shall be I II __ I . m t [ ., . :---- -- - - ,'-'. ................... L;2YER'S aBSTRaCT ID:94!7742627 MflR 25'98 16:08 No.O14 P.iO OR: 2128 1645 advertised for Ibrcclosurc sales mad not sold, Mtmgagor shall pay all costs in connection In thc cron; Ihm thc Mortgagee is called upon to pay any sums o£ moncy to protect dos Motlgagc and thc Notes as aforesaid, all monies advanced or duc hereunder shall ~cc.~c m~mcdiately duc ~d payable, together wi~ in;crest at the Dcfaul~ Rate, computed from ~he date of~uch advance to thc date o~hc actual receipt o¢ paymcnt thereof by ;nc Mo~gngee. 1.12. Cost of Collection. In tlic even! lhis Montage is placed in thc hands of mi auorney for thc oolite;ia,1 of any sum payable hereunder, the Mortgagor agrees to pay alt costs of collection, including reasonable att¢)mcy's fees including those in all appellate and bankruptcy proceedings, incurred by thc Morlgagcc, either with or withou! thc institution of any acticn or proceed;ag, and in addition to all costs, disbursements ~nd allowances provided by law. All such co.qt,' "o incurred shall bc deemed to bc secured by this Morlgage. 1,13. Survival of Warrantiea. All representations, warranties and covcn~Is of Mortgagor contained herein ur incoffx~ratcd by reference ~hall survive funding t,f thc lama evidenced by t}~c Notes and shall remain continuing obligations, warranties ~nd representations of Mortgagor during any time when any ~mion of thc obligations secured by this Modgagc 1.14. Additional Security. In thc event Mortgagee al ~my time holds additional sccurily for any of thc obligations securcd hereby, it may enforce thc sale thcreof or otherwise realize upon thc .'.;amc, m its option, either before or concurrently herewith or after n sale is made hereunder, 1.15. Inspections. Morlgagcc. or its agents, representatives or workmen, arc aulhoriz, ed to cater at any lcasonabtc lime upon or on any pan of thc Premises for ~l~e pu~ose ofins~cting thc same. and for thc purpose of perfc)nning any of Iht acts il i~ authorized Io ~rfo~ under thc terms Of this Mortg:~gc. 1.16. lAens. Mortgagor shall pay and promptly di~chm'gc, at Mongagot's cost and cxpcns[', ali liens, encumbrances and ch~gcs u~)n thc Morlgagcd l'r%~ny or any p~ thereof or intel'eSl therein Mortgagor shall have thc right m contest in good faith thc validity of any s,,ch lien. cllctllllbrtmce or chmgc, providvd Moflgagor shall first imsl a bond or other sect. ~ty salisf~cm~ ~.; Mortgogee in auch amounts as Mortgagee shall reasm,~bly require, ami provided rur~her that ~,mngagor shall therea~er diligently proceed ,r, cause such lien, cncumbr~cc er chmgc to t~ ~cm:~vcd and discharged. If Moggagor shall fail Io discharge rely such lien, encumbrance or charge, then, in addition lo any olher right or remedy, Mortgagee. may, but shall hal be ubllgatcd to. discharge thc s~m, cilhcr by paying the amount claimed to bc duc, or by procuring thc discharge of such lien by depositing in court a bond for the amount ctaimcd or othcnvise givi~g secretly Iht such claim, ur in such rammer ~q is or may be prescribed by law. mW amoum so paid by Ibc Mortgagee shall, at Mongagec's option, bccon~c immediately due end payable with interest nt the 1)cfauh Rate. and shall ~ deemed pa~ oftl~e indcbtcdncs~ secured by this Mortgage. LaYYER'S ABSTRACT ID:9417742627 MAR 25'98 16:09 No.O14 P.11 OR: 2128 1646 1.17. Future Advances. This Mortgage is given to secure not only existing indcbledncss, but also future advances, whether such advances are obligatory or m-~ to be made thc option of Morlgagcc, or othcn,,A~;c, as are made within Iwcnly (20) ye~s from the date hereof, 10 the stone cxlcn( us iF such fuIurL' udvanccs ~c made on the date Mortgage. The ~ot~l ~ount or indebtedness ~hal may ~ so sccurcd amy dccm~e to amoun~ from 6me to tm:~, or ~y inc~ase from time Ia tim~:, bul the lolal unpaid bal~ce secured at one time shall not exceed $20,000,000.00, plus in,crest thereon, m~d ~y disbarments made for fl~c paymcm of taxes, levies or insurance on thc Mortgaged Pro.ny, whh inlcr~st on such di~burscmenis at the ~cFauh Rule ~ hernia,Ret defined, 1,18, No l,imilation of Future Advance Righls, Mortl. lul;or cov~;nants and agrees with M.:,rlgagt'.e that: (a) Mortgagor waives and agrees not to assert any right to limit future advances under this Morlgnge, and any such attempted limitation shall be null, void and of no force and etTect. Any correspondence by Mortgagor regarding thc future advances must be sent to Mo~gagce at the address scl forth above and to Mortgagee's counsel: Richard C. Grant, Esq., Grmxt, I"ridkin & }'carson, P.A,, 5551 Ridgcwo~d Drive, Suite 501, Naples, Florida 33963. (b) ^n event of default under the Mortgage shall automatically exist (0 if Morlgagor executes any instrument which puqx~rt$ to have or would }lave thc t:fl'ect of impairing the priority t~f t~r limi%ing any future advance which might ever be made trader the Morlgage or (ii) if Mortgagor takes, suffers, or permits any action or occurrence which would adversely affect lhe priority of any futurt; advance which might ever be m~de under the Mortgage. !.19, Apprai~al,~. Mortgagor covenants and agrees that Morlgagee may obtain an appraisal of the Mortgaged Properly when required by the regulations of the Federal Reserve ltoard or the Officer of the Comptroller of the CurTcncy or at such other times as the Mortgagee may rcaso,mt,ly require. Such appraisals shall be perforated by an independent third pm"l'y appraiser s;.!ectcd by thc Mortgagee. The cost of such appraisal shall be borne by the Mmtgagor. lC requested by Morl~.,,agcc, the Motlg,qgor shall execute an engugemcnl letter addressed to the appraiser .',clcclcd by thc Mor{gagee. Mongngor's raih~re or refu:¢al to sit:n such un engagement lctler however shall hal impair Mortgage¢'s right to obtain such an appraisal. Mortgagor ag~.~es to pay the cost of such appraisal within ten (10) days after receiving an invoice for s.ch appraisal. ARTICLE il ASSIGNMENT OF LEASES, SUBLEASES, I:'ICANClIISES, ;,lENTS, ISSUES AND PROFITS 2.01. Assignment of Rents, Mortgagor hereby collalc~ally assigns and trartsfcm to Mortgagee all thc leases, subleases, fr,'mchiscs, rents, issues :md profits of' thc Mortgaged Proix:rty, aud h~'rcby gives to and confers upon Morlgagee the riel,t, power and authority to collect sur:h rents, is~uc; and profits a~ herein set forth. Motlgagor irrevocably appoints 10 z vzR'S RBSTRRCT ID:94!7742627 MRR 25'98 16:09 No.O14 P.12 OR: 2128 1647 Morhangcc il.~ tmc and Iaw£ul attorney-in.fact, at thc opiion without fumhcr {c~al action ~hl~ ncccssn~, {o demand, receive m~d cai%fcc paymenL lo ~[vc receipts, rc]ca~cs and salis[uCl[OnS. {u~d iD suc, in thc n~le of Mmlgagor or Mo~gagcc. for a" such reals, issues and profits ;md apply thc same to thc indcbledncss securcd hereby; provid;~. however, that Mortgagor shall havc thc right to collect such more imm one momh i. advice) al any time there is not an event of default under mis Mo~gagc. 2.02. Mortgage, Collection Upon Default, Upon any event of default under this M.rtgagc, Mortgagee may. at any time without notice, cithcr in person, by agent or by a receiver appointed by a court, sad withoul regard to th(: adequacy of any security for the indebtcdncss thereby sccurcd, enter upon and take possession of the Morlgagcd Properly, or any part thereof, in its own name. stic for or otherwise collect such reals, issues and prolits, including those past duc ,,;~d unpaid, and apply the sarn¢, ]ess costs and expenses of operation and co]lectlun, including attorneys' fees, ufx'm any i.dcbtcdncs.~ secured hereby, and in such order as Mu~gagce may determine, The c.llcction of such rents, issues and profits, or thc enter/nd upon ,;nd taking possession of thc Mortgaged Property, or tllc application thereof a.~ aforesaid, shall not cure or waive any default or notice of dcl'aull hereunder or invalidate any act done in responsc to such deli, ah or pursualll tO Such default, 2,03. Ilc~tricti.n of I:urthcr Assignmenl:~, crc. Except as hereinafter specifically provided, Mortgagor shall not, without the prior written consent of the Mortgagee, assign the rents, issues or profits, or any part thereof, from the Mortgaged Property or any part thereof; and shall not consent 1o the modification, cancellation or surrender of any lease or sublea.~;¢ coveting the Mortgaged Property, An action of Morl. gagor in violation of' the terms o£ this Section shall be void as against Morlgagce in addition to bcMg a default under this Mortgage. 'Ibc Mortgagor shall not, without Iht consent of thc Mortgagee, consent Io thc enncelJatiu,t ur .,,attender or, accept prepayment or rents, issues [~r profits, oilier than rent paid at thc signi~g (,f a louse tlr sub!case, under any lease or aublcasc now or hereafter covering tile Morlgal,,cd }'ropcr~y or any [',art thereof, m)r modify any such )case or sublease so as to shorten thc roan, decrease thc rent, accclcratc thc lmymcnt of rent, or change Otc ten'ns of ally retlewal option; and m~y such purIX~rled assignment, cancellation, surrender, f,rcpaymcnt or modification made without the wriuc, consent of the Mortgagee shall be void as against he Mortgagee, Thc Mortgagor slml}, ulx'm demand of the Mortgagee, enter into an agrccmcnl with lhe Morlg, ,.ce with tcspcct to thc provisions contained in the preceding provision regarding any lease or sublca..;e coveting said Morlgagcd Property or any part thereof, and thc Mortgagor hereby appoints tile Mortgagee attorney-in-fact of thc Mortgagor to execute and deliver any sut:h agreement on behalf of thc Mt~rlgagor and deliver wriltcn notice thereof lu thc tenant lo whose lease su¢ll {~grccmcnt relates, The Mollgagur aSrccs to furnish to lite Mortgagee a copy of any modification of any lease presently in effect and topic,, uf all futl.e leases affecting the Mortgaged Property. and fidlurc to furnish to Mortgagee a copy of any modifications of a lease or a copy of any fur.re I~:as¢ alTccting lhe MortgaL;cd I'ropcrty. shall t~ deemed a dclhul~ under Ibis Mortgage and the II ; a:JYER'$ ABSTRACT ID:94!7742627 MAR 23'98 16:10 No.O14 P.13 I II IIIII OR: 1648 Nates, for which thc holder of this Mortgage may, ~t it~ optiun, declare the entire unpaid balance of the subject Mortgage and Notes In be immediately duc ~d payable, All leases or sublca.~es hereafter entered into by Mortgagor with respect to the Mortgagetl Property or a,ty p,~r! tl~creof, shall be subordinate In the lien or this Morlgagc unless expressly made superior to this Mortgage in the manner hereinafter provided, At any time or times Morlgagee :nay execute and record in the appropriate Office of the Register or Comity Clerk thc County where the Prem;.e~ are situated, a Notice uf Subordination reciting that Ibc lease or leases therein described shall be superior In thc lien of this Mortgage. From and afler the recordation of such Notice of Subordination. thc lea.~e or leases therein described shall be superior to the lien of Otis Mortgage and shall no! be cxtingtfished by any f'orc¢losu, re hereunder, ARTICLE Ill ENVIRONMENTAL CONDITION OF PREMISES 3.[11. Environmental Condition of Property. Mortgagor hereby war~ants mad represents to Mortgagee after thorough investigation that: (it] tl~e Premises are now and ~t all times hcrcaller sitall continue to b¢ in full compliance with ell Federal, Slate and local environmental laws and rcgulutlons, inchsding but not limited Io, the Cnmprchcnsive l.'.r~vironnlental Response, Compcnsalion and l.iability Acl of 1980 ((7}':RCI.A), Public Law NO. 96-510, 94 Stat. 2767, and the Superftmd Amendments and Rcauthoriz~'~llon Act of 1986 (SARA), Public law No. 99-499, 100 Stat. 1513; and (b) (il as of thc date hereof there a~c no haza.,'dous materials, substances, waste or other cn¥ironmcntally regulated substances that are known to pose a hazard In the et~viror, nen~ or to human health (including without limitation, any material.s containing asbestos, urea fommldchydc titan insulation, transformers or other equipmenl contain polychtofi~tated biphcn)'ls [['CWs] in amounts that exceed acceptable standard levels) locmed on, in or under the Premises or used in conn~:ctitm therewith, or (ii) Mortgagor has fully disclosed m Mortgagee in writing the existence, extent and nature of any such hazardous material, subslance, wm~tc or other environmentally :cguh~[cd subslance, cannily prcscnl or which Mo~gagor is legally authori~d and cm~wcrcd to maintain on, in or under the Premises or use in cunncction thcrcwilh, and Mo~gngor ha~ obtained and will mailllaJn all licenses, ~rmits and approvals required ' ~lh rcs~cl thereto, and is and will remain in full compli~ce with all of thc tc~s, cnnditions tam requirements of such licenses, ~its and approvals, Mo~gagor fuflhcr w~anls and reprcmn'.. that it will pmmpUy noqfy Mo~gagcc of ~y chnllge in lhe enviro;lmcnta] condition of Premises or in t}xe nature or extent of any haT.ardous malefials, subslm~ces or w~stes mainlnined on, in or under the Premises or used in colxncclion therewith, and will transmil to Moflg~gcc copies of arly cilat~ons, orders, I~otices or other material govenllllelllal or olllcr ct)mtnunicMioll received with rc~pccl to ally other hae~rdous tllalerlals, substitutes, waste or other environmentally regulated subal~cc affecting lllc Premises. ~PUYER'S ~BSTR~CT ID:941??4262Z MAR 23'98 16:11No.O14 P.!4 OR: 2128 PG: 1649 Moagagor hereby indemnities and holds harmlcss Mortgagee from and against a~y and all damages, pcnaltics, lines, claims, suits, liabilities, costs, judgments and expenses (includ:,.,g attorneys', consultant's or cxpert's fees) of every kind and nature incurred, suffered by or asserte, against Mortgagcc as a dirccl or ind"rect result of: (a) any w.cranty or representation ,nade by Mortgagor in Otis paragraph being or bccotning false or untrue in any material respect (b) any requirement under the law, rcgulatlon or ordinance, local, state or federal, regarding the removal or climinafion of any h~.~dotts macrials, substances, wasle or other ,nvimnmcntall~, regulatcd .,iubsta.nccs, .'.longagor's obligations hereunder shall no! be limiled to any cxtcn! by thc term Of the Noles, or to any act or occurrence prior to payment in full ~d satisfaction of the Notes which gives rise to liability hereunder, Mortgagor% obligations shall continue, survive and remain in full force and effect notwithslanding foreclosure or this Mortgage, where Mortgagee is the puxhaser at thc foreclosure sale, or delivery ora deed in lieu of £orcclosure to Morlgagcc, Mortgagor, al its expense, agrees to fumish Io Mortgagcc, as and when requested by Mortgagee, in Moagngce's sole discretion, an cnvironmenlal rc~n prepped by a consulmm u~ccpuablc to Mortgagce. If such rc~n states that any hn~dous substances, matcd~s or w~tc exist tm the Mongttgcd Pro~y, Mo~gagor shall promptly ~e all action ncccssa~ Io cle~ ~c Mortgaged t'ro~ay. ARTICLE IV SECURITY AGREEMENT ,1.01. Creation of Security [nleresl, Mortgagor hcrcby grants Io Moagugcc a security i.tcrest in ally and a!l personal propcny included within the Mortgaged ?ropeny (herein thc "l'rrson~tl Prol',cr~y") lucatcd on or at the Premises, including withoul limitatit:n any and all property of similar ~ype or kind hereafter Ioclstcd on or at the Premises for the purposes of securing all obligations of Morlgngor scl Forth in this Morlgage. This instrumen! is a self. operative seem it>' agreement with respect to the al:gwe described properly, but Mortgagor agrees to execute a,~d deliver on demand such other security agreements, financing stalcments and otb. :r instruments as Mortgagee may request. 4,02. Warranties, Represc.tationa and Covenants of Mortgagor. Mortgagor hen:by watt.is, rcpmscnls and covenants as follows: (a) Except for thc .security inlercs: granted hereby, Mortgagor is, mid as to portions of the Personal Property to be acquired after the dale hereof will be, the sole owner of thc Personal Property. free from any ndversc lien, sccurity interest, eneumbrm~ce or adverse claims thereon of any kind whatsoever, Mnngagor shall notify Morlgngcc of, and shall defend the Personal Pmpc~ty against, all claim.u nnd demands o£ all persons at an'/ time claiming :lie same of ally interest therein, 13 LAWYER'S ABSTRACT iD:91!?742627 MAR 23'98 16:11No.O14 P.15 2 28 ?G: 650 (b) Mon~,~Bor ~hall not lease, sell, convey or in any manner transfer or encumber the Personal Property without the prior written consenl of Mortgagee. (c) The Personal Property is not and shall not be used or brought for personal, family or household purposes. (d) Thc Personal Properly shall be kept on or al thc Premises md Mortgagor shah not remove file Pe,'sonaI Propcriy from thc Premises without the prior wrktcn conscnl of Mortgagee, except such portions or items or Pcrson~l Proper~y which ~c consumcd or worn out in ordinary usage, all of which shaJl bc promptly replaced by Mortgagor, (c) Morlgagur maintains a place of businvss in the State of Florida mid Mortgagor sh~!l immediately notify Mortgagee in ~linguf ~y ch~ge in i~ place of b~incss ~ ~t forth in the ~ginning of~is Mo~gage. (O At the request of thc Mortgagee, Mortsagor shall join Morlgagec in exccuting one or more financing statements and renewals and amendments thereof pursuant ~o thc Unirom~ Commercial Code of Florida in fom~ satisfactory to Morlgagee, m~d will pay the cost of' filing ~he sar, to in all public offices wherever filing is deemed by Morlgagee to be nccc~y t)r desirable. (g) Ail covennnts and obligations of Mortgagor contained herein relating to the Mortgaged Property shall be deemed to apply to the Personal Property whether or not expressly refcrred Io herein. (h) This Mortgage constitutes a Security Agreement ns that term is uscd in thc Uni form Commurci~d Code of Florida. ARTICI,E V REMEDIES UPON DEFAULT 5,01. Evcnl~s Of Default. Any one or more of the. following sh~ll constitute a default under this Mortgage and thc Notc,s l~ereby secured: (a) Failure of Mortgagor to make one or more payments required by clthcr t,x Ihc No,cs on thc duc date Ihcrcol'. (b) Faihu'e of Morlgngor to pay the amount of any cosls, expenses or fccs (including coul~scl fees) of the Mortgagee, v.4Ih inlercst thereon, as required by any provision of this Mortgage, (c) Failure to exhibit to the Morlgagce, within ten ([0) days after dem~d~ rcc..cipt ,showing payment of real estate taxes and assessments. 14 _2~YER'S RBSTR~CT !D:9417742627 MaR 25'98 16:12 No.0!4 P.i6 OR: 2128 PG: 16 1 (fl) Except as hereinbefore permitted, the actual or threatened ahcm¢' demolition or removal of any building on the Premises withou! written consent of the Mortgagee (c) Failure to mniutai,~ thc Improvcmenls on thc Premises as herein required, free of any liens placed or threatened during the term hereof. (t) Failure to comply with any requirements or ordcr or noticc of violation of h,w or ordinance issued by any governmental department claiming juri.gdiction over the Motlgaged Property within three (3) months from the iisuance thereof, or before any such violation becomes a lien against the Mortgaged Property, whichever first occurs. (g) Failure of Morlgagor or others to comply with or perform any mhcr warranty, covenant or agreement contained herein, i,~ either of the Notes, in the Construction l.oan Agreement, if any, Commitment l.elter or in any other document executed by Mortgagor in conjunction with this tram, action, of even date herewith. (h) Any breach of any covenant or warranty or material untruth of any represemntion c!' Mnngagor conmlncd in this Mortgage, or either of the Notes or any guaranty cxccmcd m conjunction herewith. (,i) Thc in.~tdution of any bankruptcy, rCorganiz, atlon or insoh'cncy proceedings 'agains~ the fl~cn owner or Modgago[ in posse,:sion of the Mortgaged Propcmy, or any guarantor or obligor under file Notes, or the apl)ointment o£ a receiver or a similar official with respect to all or a subslantial pan of the properties of the then owa~er or Mortgagor in possession of the M(mgagcd Property and a failure to have such proceedings dismissed or such appointment vacated within a period of forty-five (45) days. (j) 'it~e i,~stimfion of' any voluntary bankruptcy, reorgtmization or insolvency proceedings by thc then owner or Mortgagor in possession of thc Mortgaged Properly, or any guar,nmr, or any obligo~ under the No, es ur the appointment of' a receiver or a similar official wifl~ respect ~o all or a substantial pan of the properties of the then oumer or Mortgagor in possession of the Mortgaged Properly at thc instance of the lhen owner or Mortgagor in possessitm of the Motxgaged Property. (k) The assertion or making of any levy, seizure, forfeiture ncdon, ,nechanic'~, or materiahnan's lien or attachmcnl on the Mortgaged Property or any part thereof'. (I) I[ default shall occur in any loan now or hcrcalter in existence between Morlgagce and Mortg:~gor or any mortgagor which the Morlgngor or any guarantor or obligor under thc Notes has any interest whatsoever. (m) The occurrc{:cc of any Event of Default under eithcr of the No!cs, or any loan agrccmcnt or gu.aramy, whether or rml such cvcnt is sFx:cilically .~t4 fonh herein. 15 Lq~YER'S ABSTRACT iD:9~!77~2627 MAR 25'98 16:15 No.OI~ P.I? OR: 2128 PG: 1652 5.02, Dcf-uit Rate. The Default Rate shall be the highest rate allowable by law at time of default, provided, however that at no time shall any interest or charges in the natuxc or intercst bc takers, exacted, received or collected which would exceed the maximum rate permittea by law. 5,03. Acceleration Upon Deflult, Addifion,q Rcmedlc$. [n the evcnt that one or marc default.~ ~-'~ above provided shall tx;cu', the remedies available to Mortgager: shall include, but not necessarily be limited to, any one or more of the following: (a) Mortgagee shall declare thc entire unpaid balance of both of the Notes immediately due and payable without notice, and Mortgagee may avail itself of any and all rights and rer,:edies under applicable law and Ibis Mortgage may be foreclosed and Mortgagor shall pay all costs, charge.'; and expenses thcrcof including reasonuble atlomeys' fees. (b) Mortgagee may to. kc immediate possession of the Mortgaged Property or any p~zt tlicrcof (which Mortgagor agrees to surrender to Mortgagee) and manage, control or lea_~c thc same to such person or persons and at such rental as it may deem proper and collect all rents, issties ~md profits, therefore, including thosc past duc as wcl[ as those thereafter accruing, with the right in thc Morlgagcc to cancel any Ica.sc or sublease for rmy cause which would cntlt]e Mortgagor to cancel thc same; to make such expenditures for maintenance, repairs and costs of operation as it tony deem advisable; and after deducting the costs thereof and a commission of five (5%) perccnt upon thc gross amount of rents collected, to apply thc residue to thc paymcnt of any sums which arc unpaid hereunder or under the Notes. Thc taking of possession under this paragraph shall not pre. veal concurrent or later proccedings for thc foreclosure sale of the Murlgngcd Prell<ely as provided elsewhere herein. (c) Mortgagee may apply to any court of competent jurisdiction for thc aplx)intmcnt of a receiver or similar official lo manage and operate thc Mortgaged Property, or any [)art fl~¢rcof, and to apply thc nel rents and profits therefrom to the pas'mcat of thc interest and/or principal of said Notes ami/or any off,ct nbligations of Mortgagor Io Mortgagcc hereunder. In event of such application, Mortgagor agrees to consent to the appointment of such receiver or similar oflicial, trod agrccs that such receiver or similar official may be appointed wilhold notice lO Mortgagnr, xvithuul regard to thc adequacy of any security for the debts end without regazd to thc solvency of Mortgagor or any other person, firm or corporation wh~ or which may be liable for thc payment of the Notes or an)' other obligalion of Mortgagor hereunder. (d) Without declaring thc entire unpaid principal hals. ncc due, the Mortgagcc may' forcclo.~¢ only as to the sum p~l due, without inju~ to this Me,gage t)r the displacement impatient of iht remainder of the lien thereof, and al such forcclnsurc sate the prope~y shall sold subject to all remaining items of indebtedness: and MoHgngee may again foreclose, in mmc m~ncr, as often as there may be ~y sum past due. 16 sAWYER'S ABSTRACT ID:94!7742627 MAR 23'98 16:13 No.O14 P.!8 01t: 2128 1653 5.04. Additional Provisions. Mortgagor expressly agrees, on behalf of itself, ils successors ,'md a.~signs and any ~u~ o~cr of thc Mo~gagcd Prop~y, or ~y p~ thc~of ~, interest thcrcln, ~s follows: (a) Ail rcmcdies available lo Mortgagee with respect to this Mortgage shall be cumulative anti may be pursued concurrently or succcssively. No delay by Morlgagcc in exercising any such remedy shall operate as a waiver thereof or prccludc the cxcrclsc thereof during thc continuance of tha! or any subsequent default. (b) ]'he obtaining of a judgment or decree on either of the Notes, whether in' thc State of Florida or elsewhere, shall not in any manner affect thc lien of this Mortgage upon the M,~,,tgagcd }'ropcrly covcrcd hcreby, and any judgment or dccrec so oblaincd shall be secured to Ibc .~nc extent as said Notes nrc now secured. (c) In thc event of any £orcclosur¢ sale hereunder, all net proceeds shall bc available for applicalion to the indcbtedncss hereby sccured whether or not such proceeds may excced thc valu~ of the Moagaged Property for unpaid taxcs, liens assessments and any olher costs rclaling to 1ho Mortgaged Property, id) The only limitation upon the foregoing agrccmcnts as to the exercise of Mongagcc's rcmcdlcs is dmt thcrc shall bc but one full and complete satisfaction of the indebtedness sccured hereby. (e) Thc Mortgagor shall duly, promptly and fully perform cach and cvery term anti provision of any Construction or othcr Loan Agreement which has been executed and delivered by thc panics hereto simultaneously with the exccution and delivery hereof, the terms of'Milch Construction or other Loan Agrccmcn! art: incorporated herein by reference. Thc lien of this Mortgage ~,ccurcs thc payment of all sums payable to Mortgagee and the pcrformancc of all covenants and agrccmenls of Morlgagor under the temps of any Construction or other I.onn Agreement. 5.05. Rt'medics Nol Exclusive, Mortgagee shall be cntitlcd to enforce payment avd pcrformtmcc of ,'my indebtedness or obligations secured hercby and lo exercise ali dghls ~ ! powers under this Mortgage or thc Notes or under any other ~,greemcnl or any laws now or hereafter in force, notwilhstaJ~ding some or all of the said indebtedness and obligations secured hereby amy now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignmenl or othe~'ise. Neither the acccptm~ce or thls Morlgage nor its enforcement shall prejudice or in any manner affect Mortgagee's right to realize upon or enforce any other security now or hereafter held by Mortgagee, il being agreed that Mortgagee shall be entitled to enforce this Mortgage and any other .'qecurity m)w or hereafter held by Mortgagee in such order and ,'nannc~ ns Mortgagee may in its absolute discretion determine. No rcn,edy herein confcrrcd upon or rcse,'vcd to Mortgagee is intended to be exclusive of any ofl~cr remedy hervin or by law provided (ir lwrmilted, but each shall bc cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at }aw or in equity or by statute. Every powcr of remedy g~vcn 1o Mortgagee or lo which it may be otherwise cnlitlcd, may be exercised, 17 LAWYER'S PBSTRACT ID:9417742627 MAR 23'98 16:14 No.O14 P.!9 OR: 2128 PG: 1654 ~,~neu~cntly t)r zndepc~dendy, [rom time re} time ond as oriel1 as may be deemed expcdicn$ hv Mnngat, cc ,~d ~t may p~rst~c i~consiste~t remedies, ARTICLE Vi ~1 ISCI';LLANEOIJS 6.01. Corporate Existence. So long as the Morlgaged ?ropcrly shall bc ~,wncd or kid by a corl',oratio~, stroh corporation .shall al all times mainlai~t its corporate existence ~d shall ~ I~lly autbrizcd to do business in thc State t~l' I:lodda and shall maintain in Iht Slate of Florida a dui)' au~horizx'd registered agelll for the scmice of process. Fail,Ire Io comply wilh such obligalio~s shall ~ a dcfauh under Ibis Mortgage. Within nb:ty (90) days after the cxpiralion of ~he ~:.,~c lbr filing i~s ~m~t~al reign and the paymenl of the appropriate co.rate t~es in the Start .,f Florida. Mnrlgagor will romish in Mt~agagee a certificate of genii sl[tndi~lg or olher cvidc,~cc ~idisfltclory to Morlgagce lo show complimlce wilh Ibc provisions uffthis Section. 6.1)2, .~hll~.'tlll:l'lt.',~ hy M~rtgag,~r. M~rlgagor, wilhin three (3) tt~ys lifter rcgcs~ in g~rso=~ or xvithi~ ten (10) days after rcq~iest by mail, will furnish to Mongi~8cc or ~y person, fim~ t)r c<~)r3tio~ dcsignalcd by Moflgagcc, a duly ack~sowlcdgcd ~tittcn statement scltlng fo~h II,e ~;~t,~l~ ~,f thc dct,t scct~cd t,y d~is Mortgage, and sl~ling c~lhcr that no offsets of dclcnsc~ cxis~ ag~tinst such dcbl. or. il' such oll~uts or dclbnscs arc ;~llcgcd lo cxisl, full i~forn~a~o~ -'ith respect ~o such alleged offscls and/or defenses. 6.t)3. .%ucce,,ssor.n and Annignn. The pr~visit~ns hereof sh;~ll be blinding u~n and shall ira,re to It,c bc~cfit of thc Mortgagor, i~s st~cccs~rs and assigns, including without limitation sut~seqt~et~t owncn t~f thc l'rcmises or tl~e leasehold eslate of the ['~mises or m~y 1~ d~ereof; shall ~. binding u~n and sbll inarc to the ~ncfit of Mortgagee, it~ successors ~d mggig~s ~d ~t~y t'ul~rc h~ldcr ~1' thc Notes. ~;~tl a,~y successors or assigns u~ any [ulurc holder of Ibc Notes, In ~hc cvcnt the ow~ership of the Mon~agcd Pro.ny or any leasehold cstale lhal may bc covered t? this MortguF, becomes vested in a person other tlsan Moggagor, Mortgagee may, bLcrcsx r~ttc ¢tt~t~r ~ltcr (st extend thc Lomas or F, ymcnts of Ibc in~tn~mcnt and the Notes in thc s~m~c maz~ner ;t~ wid~ thc Mong~gt~r, anal ~a)' alter thc interest rate ancVor allot or extend the tc~s ~' Fsymcnt ~ the Nolc~ withoul notice to M~,flg~g~r hereunder or under Ibc Notes ~cr ' ~y secured ~ ~hc lic~ ~r prbrity of thi~ M~gaF with re~c'. I~ tss~y parl o~' the Mortgaged I'ro~ny cox, trod herd~y, but nothing herci~ contained shntl serve to relieve Mortgagor of an) liability ~der d~c Notes or Ibis Mortgage (or nny olhcr ngrecmc~l execrated in conjunclbn [herewith) unless Nlongngcc sh~sll expressly release Mo~gagor in wiling, M~ngagor and any ltat~sfcrce or a~sig~cc shall be joi~tly a~d severally liable for nny doc~mc~atio~ or i~:tangible t~xe~ imposed ~ a rcsL~lt ot'a~y tr;tJ~fer or ass~]mplinn, 6.04. N~dicc'~ Alt nolicc.s, d:maa~ds [u~d rcqucsls givcsl hy either p'arty hc~'cto Io the certified ~ail, ~age Fcpai(l, addressed ~o lh~ Mortgagor at ~l~e address as _sWYER'S ABSTRACT ID:9417742627 MAR 23'98 16:15 No.O14 P.20 OR: 2128 PG: 1655 from time to time dc,4gnatc by written notice to thc Mortgagee, given as herein rcquircd. All notices, dcma.nds and requests by thc Mo~gagor to thc Moag~gcc shall bc dccmcd to have ~c~ pro~rly gives if scat by United States rcgi~lcrcd or codified mail. pos~gc prepaid, addrcs~d thc Mo~gagcc, or to such t,thcr address as thc Mo~gagcc may flora limc to time dcsignatc by ~iucn notice lo thy Mo~gagor, given as herein requital. Noliccs. demands ~d requests given in thc m~ncr aforesaid shall ~ dccmcd sufficiently se~ed or given for alt pu~ses hereunder thc time such notice, demm~d or rcqucs[ ~hall ~ deistical in ~y posl office of branch office mgutarly maintained by thc United States Governmenl. The Morlg:~gor shall &liver to the Mo,lgagee. promptly upon receipt of s~e, copies of all notices, ccnificalcs, documents and instruments received by }t which materially affect any part or :lie Mortgaged l'mpcrly covered hereby, including, without limitation, notices from any Icss._ or sublcsscc claiming that Ibc Mortgagor is in default under any temps of troy lease or sublease. 6.05. Modifications in Writing. This Morlgagc may not be changcd, terminated or modified orally 3r in any othcr manner than by an instrument in writing signed by the party against whom enforcement is sought. 6.06. Captiom,. The caplions or headings at the beginning ofcach Section hc~'cofarc for the convcnicncc of the parties and arc not a p,~rt of thi,, Mortgage. 6.07. Invalidity of Certain Provlsion~, If the lien of thi~ Mortgage is invalid or unenforceable as to a:~y parl of the debt, or if the lien is invalid or unenforceable as to any p~t of the Mortgaged Properly, the unsecured portion of the debt shall be completely paid prior to the payments of thc secured porlion Of thc debt, and nil payments made on the debt, whether voluntarily or mhcrwisc, shall be considered to have becn first paid on and applied Io Ihe full payment of that l. mrtion of t}~e debt which is not secured or fully secured by thc lien of this Mm~gagc 6,08, No Merger. If both the Icssot's and Icsscc's estates under uny lease or m~y portion therc,r which conslitutcs a pan of the Mortgaged Property shall al ,any time become vested in one owner, d~is Modgagc and the lien created hereby shall not be destroyed or tom',hated by applicatio, of the doctrine of merger and, in such event, Mortgagee shall continue to have md enjoy all ofthe rights :md privileges of Mortgagee a.,; to the aeFarate c~tates. In addition, upo, thc foreclosure of the lien created by this Mortgage on the Mortgaged Property pursuant to tee provisions hereof, any lca.~cs or subleases then existing and created by Mortgagor shall not be destroyed or tcm~inalcd by application of thc law of merger or ~-q a result of such foreclosure sale unless Morlg.',gcc shall so elect. No act by or on behalf of Mortgagee t)r mty such purcha.qcr shal! consti!ule a lcrminatitm of any lease or sublc&';e unless Mortgagee or such purchaser shall gt',c written notice thereof:o such tenant or subtenant. 6.09. Governing Law and Con~.truction of Clauses, This Mortgage shall be governed and ctmslmcd by thc la,,,.'.'; of the State of Florida, No act of thc Mo~gagee shall [~ construed ~ an election lo proceed under any tree provision of the Mo~gage or of ~he applicable s;..'.alcs of 19 _a~YE~'S RBSTR~CT ID:9417742627 MAR 23'98 16:15 No.Ot4 P.21 the State of Florida to Ihe exclusion of ~ny other such provision, anything herein or othcrwise to the col~raO, noTwilhstandjr~g. 6.10. Tr-nsl'er. In thc even! all or any pa~t of the proper17 encumbered by this Mortgage, or any in:ores! there[n, is sold, conveyed, encumbered or otherwisc tnms£errcd by the Mortgagor, v~thout Mortgagee's prior whiten con,cat, or, if Mortgagor is a paztnership, any genere] partner of ~ortgagor ceases to be a genera] pa~rtner, or J£ Mortgagor is a corporation: (i) ~y ~Mrcholdcr of Mortgagor owning directly or indirectly 10% or moa: of the issued ~d outstanding stock of Mortgagor as of the date hereof lransfcrs, during the term of thi~ Mortgage, any of such Stock, or (ii) any addilional slock of Morlgagor is issued after Ibc ~le hereof, then, ~d in the event agty of' thc foregoing events acc:a, Mortgagee may, in it~ ~le diacrelion: (I) require a modification of the terms of the loan or loans .~'cu.,'ed hereby (including without limitation those related to the rate of interest and terms or schedule or repayment) in a manner satisfactory to Mortgagee. and may charge ~ 'assumption fee" or similar fee in consideration of such modification or approval, or (2) accelerate th{: indebtedness secur, d hereby and dccI0.re the lhen oulslanding }mlance secured h,mby, with all accrued interest to bc immediately due and p}~yablc. 6.11. Booka and R~ords. Mortgagor sh~ll fumirh annually to Mortgagee comple'.e, true and accucate books of accounts and records reflecting the results of the operation of the Mortgaged Properly. Mortgagor shall ~lao furnish to Mortgagee within ninety (90) days after the end of each fiscal year of Mortgagor a balance sheet and a statement of income and expenses, both in rcasoaabk dc:ail, prepared in a format ae.~ptable to the Mortgagee, and if any of the Mortgaged Property ix rented or leased, a r~nt schedule ora Mortgaged Property, certified b)' an accounting officer of Mortgagor, showing the name of each tcnnnt and thc space occupied, the lease expiration dale and ll:e rent paid. 6.12. Fiu,nci;~l St~tement~. Fur so long as ~y balance(s) remain ua:paid on the Nolcs, thc Mortgagor s}all nt all times comply with thc following unless the Mortgagee shall otherwise cmu~¢nt in writing; Morlgagor shall keep books and records reflecting its/their financial condition(a) including, but not limited to, the operation of the Proj~t in accordance with generally accepled accounting principle~ coasi,:tently appliod. Mortgagee shall have the right, from lime to time at all times during normal business hours, to exaJ'ninc such books, records and nccount$ at the offices of the Mortgagor er olher personal entity ma. inlaining such books, records ~nd accounts and to make such copies or extaacts thereof as thc Mortgagee shall desire. During the term of the lomb thc Mortgagor (including all Co-Mortgagors, if applicable) must furnish or cause to be furnished to the Mortgagee within 90 days 20 LAWYER'S ABSTRACT 13:94!7742627 MAR 23'98 16:16 No.O14 P.22 OR: 2128 Pt,: 1657 oF thc close of its./fi~cir fiscal years, its/Ihcir current signed financial statements (,'umua) bal~,~ce sheet m~d a profiffloss statement) of each Mortgagor which m', .l ~ "l~rcscntcd To" First Union National B~k of Florida. All Mortgagors sha? also annually furnish Iv Mo~gagce: (i) ~ual U.S. Income 'I'~ Returns, (ii) a statement disclosing all conlit~gem liabilities, ~d (iii) such imerim statements ~ may reasonably ~ required by Mortgagee, fiom lime to time. During thc term uf the loan, thc guarantors must fimlish or ca,se to be furnished to the Mortgagee within 90 days of the close of their fiscal ycar.,~, current signed financial statements (annual balance sheet and a profiffloss statemenl) for each guaramor which must be ."Presented To" First Union National Bank of Florida.. All guarantors shall also annually furnish to Mo~lgagec: (i) annual U.S. Income Tax Rewrns, (ii) a stalemenl disclosing all contingent liabilities, and (iii) such inlcrirn sla~t:mrnts as rosy reasonably bc tcqulrcd by Mortgagee, from time to time. l). If the Project consists of income-producing properly, Mortgagor, at ils cosl and expense, sh~dl annually fim~ish to Mortgagee an ira:omc and expense slatcmcnt of the opera,ion of thc Project w~hin 90 days after tile close ofOie Mongagor's fiscal year. Each statement shall show thc total minimum ~nnual rent, percentage rents, total income received from each tcnanl, total gross receipts flora operations mid tcmd expenses in detail salisfaclory lo thc Mortgagee, Mortgagor shall also furnish such interim statements to the Mortgagee as m~y be required, from time to lime, If th~: I'rojcct ~onsists of income, producing property, Mortgagor shall furnish to the Mortgagee curr~nt signed rent mils or lease digesls prior to the closing of ~he loan and annually thereafter, no later than 90 days after ~he el,se or Mortgagor's fiscal year, certified to bc ct~rrcct by thc Mortgagor. ltl addilion, Mortgagor shall fismish Io thc Mortgagee, as Mong~gcc m~y rcqucsl, true and complete copit:s of all leases, exlcnsions an~ur modificalions for thc Projccl. Mortgagor and guarantors (if rely) shall advise Mortgagee of their respective fisctd year.cad dales and shall notify Mortgagee, in wriling, of any change in such year.end dntcs, 6.13, Olhcr lndebledne.,s~ Secured. 'Ibis Morlgage is also given as security for and all olher sums, indebtedness, obligations mid liabilities of any and cvc~ kind now or her:after d:,ing thc ~cnn hereof owing nnd Io become duc from Moagugor to Mo~gug~.c, ~owcvcr crca~cd, incurred, evidenced, acqui~d or ~ising, whctLcr under thc Nines or :his Mmlgagc, or any other inslrumcnL obligalion, con,mci, agreement or dc~fiing of m~y m~d ever)' kiml now or hcrcallcr cxisfinB or cmcrcd inlo ~'twccn Mo~gagor and Mo~gagec, or othc~ise, as amended, modified or supplemented from time to time, and whether direct, indirect, prim~, scconda~, fixed or co,fingcnt, and ~my and all renewals, modifications or CXlCllSJOIlS Of any or att of the Foregoing. 21 L~WYER'S ABSTRACT !D:9417742627 MgR 25'98 16:17 No.O14 P,25 OR: 2 28 1658 6.14, Construction Loan Agreement. Thc loan evidenced by Note I is available to be advanced lo pay for development and other costs incurred by Mortgagor. It will be pursuant to a Development and Revolving Construction Loan Agreement between Mortgag~ mid Morlgngee of even dale herewith (the "I.oan Agreement"), The lom~ evidenced by Note 2 is n revolving conslruction loan which Mortgagee has agreed to snake to Mortgagor pursuant to thc I,oan Agreement. The proceeds of the loans evidenced by Note I mid Note 2 will be advmmed in accord with thc tOtalS thereof as the con.~truction of' thc Improvements ~o bc made pmgre~.~e.~. 'l'hc amount s~ advanced m~der ~he Imm evidenced by Nolo 2 may be repaid and rcadva~ced and may cxuccd thc cumulnllvc sum of FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00), but Ihe aggregate principal baffmce outstandir~g under Note 2 secured hereby shall not exceed the sum of FOUR MII,I,ION AND N(.;/!O0 i)()I,I,ARS ($4,000,000.00) at any one point in tim~. Secondary Financing. Mortgagor shall nol obtain secondary financing. 6.16, Rrlea.,sen ofCon,!nminium Unil~ and Other Properly, Mortgagee may r~leasc condominium units constructed un the Premises and other propc~y, frmn thc lien of this Mortgage in accordance ~i~h tl~e terms set forth in lhe Lo,'m Agreement. 6.17. Re,serve Account. Mortgagor shall establish and maintain a reserve account '~ith ~hc Mortgagee in accordance whh Ihe terms and pmvi.~ionn set forth in thc l.oan Agreement. 6.18. Additional l'ruvisiona. Sec attached Addendum, IN WITNESS WllEREOF, Mortgagor has hercunto set hand and seal all done as of thc day and ycax first hereinbefore w'rillcn. Signed, scaled and delivered in the presence /',,~tca Nam, of W, tne,.~ ~'1 ............ .! /) k J Prmtcd Name o/ NTC DEVEI,OPMENT, LTD., a Florida limited panncrship By: SW FLORIDA PARTNERS, a Florida general partnership, its sole general panner with full authority ~o Robert r,;. Claussen, as Managing General Panner with Full authority to act on ils behalf 22 =AWYER'S ABSTRACT ID:9417742627 MAR 23'98 16:17 No.O14 P.2~ OR: 2 28 PG: 659 STATE OF FLORIDA ) COUNTY OF COLLIER ) I l lEREBY CERTIFY that thc foregoing instrument was acknowledged before me this .J~¥day of ~ I'I.I_L~(', 1995, by Robert G. Claussen, as Managing General Partner of SW Florida Panners, a Florida general parmershlp, which is the .sole general partner or NTC Development. Ltd., a Florida limited partnership, on behalf'of the partnership, who is personally known Io mc ~ (no) or who produced as identification. N~tary Public ': ?~ate 0f Florida Ptlnte~,~,~d N~tt Of ~otary My Commission Expires: 23 u.,,JYER S ~BSTRACT ID:94~?742627 MAR 23 98 16:18 No.O14 P.25 "ADDENDUM" OR: 2128 1660 ,W ',/xl.Y.F. ll~'~.,[~. MORTGAGOR HEREBY KNOWINGI,Y, VOLI. INTARIL'_ AND INTENTIONAI.I.y WAIVES ANY RI(HIT IT MAY IIAVE TO A TRIAL BY JURY 1N RESPECT OI; ANY [.ITIGATION BASED ON TIIIS MORTGAGE, OR ARISING OUT OF. UNDER OR IN CONNECTION WITH Tills MORTGAGE OR ANY AGREEMENT {'.ONTEMPI.ATED TO BE EXECUTED IN CONNECTION WITI! TI'tIS MORTGAGE, OR ANY COURSI! (IF CONDLICT, COURSE OF DEALING, STA'I'I,'.MENTS (WilETHER VF. RItAL OR WRII'I'F.N) OR ACTIONS OF ANY P^RTY WITiI RESPECT iIERETO. Tills PROVISION IS A MATERIAL INDUCEMENT FOR THE MORTGAGEE'S ACCI':PTING THIS MOR'I'GAGE FROM MORTGAGOR. Sig. '::, scaled and deliw'rcd in thc' presence Printed Name ~W~lnc~ ~1 Printed Name t~ W~ln('l~ ~2 MO.R~A G O R: NTC DEVELOPMENT, LTD., a Florida limited partncr.~hip By: SW FLORIDA PARTNERS, a Florida general par'mership, its sole general panner with full aulhority to acl on its behalf General Panner with full authority m acl on its behalf STATF. OF I"I.ORII)A ) C()UNFY OF COI.[.1ER ) I ItI"RI,'.BY CERTIFY that thc foregoing in.'qrument wa, acknowledged bcfi~rc me this ['.DJ day of-[.~Z.!'~.~_[~ 1995, by Robe, G, Claussen, as Managi,,g General ]'mne, of SW Florida Pamncrs. a Florida general pa.ncrship, which is ~he sole general p~ner o~I, rc Dcvclopmem, l.ld, a Florida limilcd pamaership, on ~halfof~u pamnership, who is ~rsonaH;' known to me J~s((no) or who produced ~ identification. ' ' /7~'~ ~ / 'f ~ ' c ', No,~ry P~lic -,'StYe .o[ Florida Ptlntct~)~d Name of Notu~ My Commission Expires: 24 . ,.,,.,. ......... , ........ I ....I =AWYER'S ABSTRACT ID:9417742627 MAR 23'98 16:18 No.O14 P.26 OR: 2128 PG: 1661 EXHIBIT A - LEGAL DESCRIPTION All that part of th9 west 1/2 of Section 19, Township 48 South, Range 26 East, Collier County, Florida being more particularly doscribed as follows: BEG)NNING at the southwest corner of eeid Se~tion 19; ther,¢e ~ong the vest line Of said Section 19, North 1'-07'-34" West '.00.00 feet to the north line of an easement for drainage purposes as described in Deed Book 44 at page ?8, Collier County Public Records, Collier County, Florida said point also being tho ~outhwost corner of that parcel am described in O. R. ~ook Collier county Public Records, Collier County, Florida; thence along the boundary of that lend as described in sai~ O.a. Book 767, pages 1508 and 1~09 and O.R. Poo~ 768, pages SSs and 829, Collier County Public Records, Collier county, Florida the following de~cribed nine C9) courses; North 89'-09'-48" East 50.00 feet; North 1~-07'-34' west 549.50 feet; 3 NOrth B8'-52'-2~" East 30.00 feet; 4 North ~'-07'-34" West 2017,43 feet; S North 0'~58'-48" West $a2.$4 feet; 6 North 8g'-01'-12H EaSt 360.00 feet; 7 North O'-5~'-qs' ~ost 800.00 feet; B south Bg'-01'-12" Wast ~00.00 feet; 9 North O'-5B'-40' West 1250.00 feet to a point on the north 1 ne of said Section 19, ~hich lies North ~9'-20'-0B" East 40.00 feet from the northwest corner of said ~oction 19; thence along the north line of said section 19, North Bg'-'20'0B East 259~.2~ ~eot to the North 1/% corner of ~etd Section thence along tho north and south 1/~ section l~ne of sai0 Section 19 South I°-OB'-21' £a~t 1716.0S then¢~ leaving ~aid line, South B9°-09'-48'' West 750.00 feet~ thonco South l'-O0'-Sl' Best 3605.71 foot to the south li~e of said Section 19 end the eouth line of that drainage easeme described in said Deed Book 44, page 78; thence ~long said line, South 89'-09'-48" West 1890.~ feet the southwest corner of seiJ Section 19 and the Point of ~eginning of the parcel herein described; L~¥'ER'S ABSTRACT ID:9~17742627 MAR 25'98 16:19 No.O14 P.27 2.150463 OR: 2285 ?G: 1534 UeOI$1D ~.~ OI';I¢IA~ UCO~$ o! ~I, LZlZ COI~IfL XAF'LIS' ;I, 34203 Mor)iFIC'ATION OF MOR"rG~(;I;: ^NJ) ~ECI.]RIT¥ AGREF. MF. NT A~I) AS~iGNMI':NT OF LEASES, RENTS AND PROFITS AND NOTICE OF FUTURE ADVANCE Irr-.0oZ ZT00.0D 1'I :iS MODIFICATION OF MORTGAGE is made this J..~_N3__ day nf ~.~...~... 1997. L., and between NI'(' I)F:VEI.OPMI~NT. L'ID., a Florida limiled patlnership. {"N'I(.Y') whom address is 2450 Piper Boulevard, Naples, Florida 341 i0, ',"Morlgugor'). arid I"lR.',;l' UNION NA'I'I()NAI. [tANK ()1" I"I,()RII)A. it national banking association, 5801 Pelican Bay lloulevard, Naples, Florida .'t4108 {"Morlgagee"L R E C: I T ^ L S: A. Mortgagor granlcd tu Mortgagee a Mortgage and Security Agrccmcnt and Amignmcn( of l.cases, Rents and ~'rofits dated December 1.3. 1995, (thc "Mortgage") which encumbers thc real property described in thc Mortgage ("Properly") which Mortgage s~as re'corded ut ()fl'~cial Records Book 2128, Page 1637. of the Public Records of Ctlllicr Counly. Florida; and B. Ibc M()rtgagc urigin~lly secured a promissory nolo in Ihe original principal amount of SliVI£N MIl.LION ONE }ItlNDRI!D 'I'IIOIJSANI) AND N()/IOO D(,)i.I.ARh ($7,1OO,0OU.0()) ("Note I") and a revolving promissory note in thc lace amount MII.I.ION AND NO/lO0 DOLl.ARS {$4,000,000.00) {"Note I1"). both issued by M:mgaLmr in favor of Morlgagec (Jr even (late with the Morlgage; and C. Mortgagor has requested and Mortgagee has agreed lo mttkc nnothcr loan lo Memgagor in lhc amount .~' ONI,: MII.I.I()N T}IREE IIUNI)I{L"D HF"rY 'I'IIOUSAND D()I.I.ARS AND NO/100 ($1,350,000.00) {o bc secured by the Mortgage. as m(xlified hereby. Such othcr Iuun is evidenced by a [ :'omissory Note, the face atm)unt (if which is ~1.350.000.00 executed by Mo~gagor in tavor t~l' Mortgagee ol'cven date herewith ("New Note"); and ti. Note I has been renewed by a Renewal I)roniis5ury Nulc itt !he al?lOtUlt $6.852.758.75 of even dale herewith {"Renewal Note") issued by Morlgagor ir, [,~,o,' of Morlgagcc. Thc principal balance outstanding under the Note 1. a.s renewed is $5.305.617.46. 'lhe undisburscd lm)~.~ti[lt tmde~ Note }, as Icnewed is $1.547,t41.29. 'Ibc fact. amount uf Renewal Nole is equal Io t~e inlal of st,ch amounts. $6,852,758.75. The Renewal Nme and ~lle ['KX;UMENTARY STAMP TAXEG IN TH£ AMOUNT OF $30,850.{)O AND INTANGIBLE TAXES IN THE AJm~ JNT WI'RE PAID AT THE TIME OF RECORDATION OF THE MORTGAGE AT OFFICIAL RECORD-q, BOOK 2'12'8. PAGe_ 163,7, THE PUBLIC RECORD~ OF COLL1ER COUN1Y. FLORIDA. tX)CUM~NTAJ1y SI'AMP AND INTAN4~IER.E TA~E~, IN R~.SPECT TO THE NE1N NOTE W'~LL BE PA1D UPON T}(Z HECORDA?ION L~¥ER'S RBSTRACT ID:9417742627 MRR 23'98 16:20 No.Oi4 P.28 OR: 2285 PG: 1535 N¢~ Nme ha'~e tX:Ch consolidated b) f.'onsolidatcd Renewal Pmmis.,~oO- Note ~)I' c~en dale hc~'~vith. ~,hiuh m~c is in Itlc OfiL~inal l~rincipal amuunl of $g,2(12,75875 ("('on~,lidalcd Nolo") and lu~ t~'en ~ssucd by Mortgagor in favor of Monsanto; and I!. 'Ihc p,anics wish lo mc~lil~' thc Mortgage to r~l']ccl that Ibc Nc~ ~otc and Ibc Uon~4idalcd Nolo sh`all ~' *ccured hy Ibc Mongaac. In addition. Iht ~i~ ~visb h~ COllfirnl d~al the sccurily intcrcsl in ~nal pro.ny and I~e assignment of Icn~s. r,:nt~ ~nd profils crc,lcd b) Ihe MurlunUc cofltlnuc~ with rcs~cl lo thc I~r~mnl prol~ny and Ic~s. rcnls and profits rc.~cting Iht Pro~'~) dc~'d~d in ~hc Mt~ngagc. Thc ~ics have cnlc~-d into Ih;s agrccmc;,., lo c~ idcncc their u,derstanding. NIY, A'. 'I'IiI~.RI:.I:()RI~. fi~r L~X~d and valuable consideration, receipt ~t' ~hich i~ hcreb) ackno~, Cdk,.cd. the parlics hercb) agree as I't~llox~.s: '1 hc air,ye rceitah4 are IrUc and correct. 2. Thc Mt~rtgagc, as he,ct,) m~vdificd, secures thc CtmSulldutcd Nolo and thc New No~c (collecuvcly r¢lk-rrcd lO as the "Notcs"L A dcfauh under either ol'thc Notes sh~dl ctm.stitutc a dcFauh under the Murlgage as hcrcl,v m~xtificd. Any reference to Note or Notes in Iht Mortgage shall app]) to thc Nolcs. 3. 'Ibc malurity dates of thc New Nole and Ibc Consolidnlcd Note arc I)cccmbcr 13. The principal balance outstanding under the New Note is $1.35(1.O00.00. Thc principal balance oulsl,anding I¢,gcthcr with undisburscd amuunts under thc ('~m~;olidatcd Nme $Ig.202.758.75. .1. Notice is hcrcb.~ given Ih,al pu, rsuar~l to paragr,aph 1.17 of thc Mungagc. ~hc pr(~.'ccd.,, t,! linc Ncx~ N(,tc. ilhcll advanccd. ~ill collsliltllc a fuliil'C adVflllCe ill tile face amoU]ll 01' $1.350.~X)(~. Thc pre:cods thcrcof ~ill &' advanced in accord with thc tc~ of ;~ I~'~L'l,prncm a~d Itc~c, lx Jag ('onstrucdon ],o`an Agreement made by Mmll'.aF. or and N1~nt'.agcc dated [Na:cm~r 13. 1~)5. ~ m~cnded ~ffcxcn date herc~vifl~. 5. Thc sccuriE,' inlcrcst in personal properly and Ih¢ assignment c~l' Ica.,;cs. rents anti prt, iit,, cn.'atcd b> thc Morlg,agc continues V. ilh rcspect 1o Ibc ixzrsonal prol-n.,ny and Ica.,;cx. rents and profit~ ~cs~.'cling tI~e Propcr~y dcscritx:d in thc Morlgage. as hcrcmI'orc and as hcrcb.x m~li fled. ami berth)' sccun.,s thc Nc~v Nolo and thc Cuns(,lid~tcd Note. 6. Mortgagor agree~ Iha! it hllx no elaim~, dclbnscs, or ~mtt'~ ag;dn~l hlongagcc ~r tn or again~l cnfo~cmcrtt oFfltl) ortlle Notes (,r thc Mortgage. as modified, or if Mortgagor d~'s hax c any ~f ~mc. Ihcy ,irc hcrcb) s~ aired in cunxidcr,mt,H of th~s mr,dj fic,;lion. 7. l':xccpt as modilicd hereby, lite Mongat:c remains in fidl R, rcc am, tilL-cl. LP~YER'S RBSTRRCT ID:9417742627 MRR 23'98 16:20 No.O14 P.29 OR: 2285 PG: 1536 IN WI'I'NES,$ WI II.':Rl!OI;. Ibc pa~lics Mvc ~Cl Ihcir hands and ~als a~ of Ibc dale Ihst nix,ye wrillcn, Signed. Seated and l)clivcrcd in Ihe presence of: tull NTC DI!VEI.OPM[iNT. 13'i).. Florida limited partnc~hip By: SW I:lorida Pa/~ncrs, Inc., a Florida co, poralion, as sole General Panner. wilh aulhorib' on behalf of lhe pannership "FIRS'I' UNION NA'I'IONAI. BANK OF FI.()RIDA. a national banking .//5 ?:: LPWYER'S ~BSTRACT ID:9417742627 MAR 23'98 16:21 No.O14 P.30 OR: 2285 PG: 1537 S'I'A'I t{ ()F FI,()RII)A ) (,'X')IJNI'Y ()}: C~cCI~.F-. ) I I-[I!REB¥ CI".R'I'IFY that thc foregoing instrument was acknowledged before me on this SW Florida Pannurs, Inc.. a Florida corporaliun, u~ sole general pnnner of NTC Dev¢lopmcm. IAd. a Fl,rld.', llmitcd partnership, on I-,ch~lr of said partnership, who is personally km~wn lO mc (yes) ~ r,)R who pmduccd S'I'ATE OF FI.()RII)A ) COUNTY Ol" C'OI.I.II':R ) I llERI:.IsY CI~RTIFY thal thc forcgoing instrument was acknowlcd§cd hcl'oru mc on Ihis _ '.r_~tO.~q , 1997, by SANDFORD MILLER, as Vice President of FIRS'{' UNION NATIONAl. BANK OF F1.ORIDA, a national ba~ as~ialion, on ~half of ~id association, whu i~ ~rsonally km,wn m me~ (no) OR who pr~uc~ as idcntificalion. ~"~' ~ '~" ~ ~ WI,ed, .Wa,wed. ur I','i,led My Commission Expi~s: O Geunt, FlOrin, & ~ P.A. ~551 it~ Ddve~ Suite 501 Napk~ Fk~da 2263365 OR: 2375 PG: 2385 UCO~)ID in OHICIIL llCOIDS of COLLII! COOITT, 12/~0/~7 at !i:llAK I)WlGH~ I. ~!O¢I, CLllr OBLO ~100000.00 OBLI 5104101.00 UC Fll DOC-.]5 24i50.00 IFr-.0O2 102Cl.20 leU: ~ILIOl Il G~LFSHORI BLVD IAPLIS FL m02 ~~ SECO~ MODI~CA~ON OF MORTGAGE ~ SEC~ AG~E~ ~ ~iGNME~ OF LE~, ~ ~ PRO~ ~D NO~CE OF F~ ~V~CE THIS MODIFICATION OF MORTGAGE is made as of thc 13th day of December, 1997, by and between NTC DEVELOPMENT, LTD., a Florida limited patmership, CNTC") whose address is 2405 Piper Boulevard, Naples, Florida 34110, ("Mortgagor"), and FIRST UNION NATIONAL BANK, a national banking association, 5801 Pelican Bay Boulevard, Naples, Florida 34108 ("Mortgagee"). RECITALS: A. Mortgagor granted to Mortgagee's predecessor in interest, First Union National Bank of Florida, a Mertgage and Security Agreement and Assignment of Leases, Rents ~md Profits dated December 13, 1995, (thc "Mortgage") which encumbers the real property described in the Mortgagc ("Property"). The Mortgage was recorded at Official Records Book 2128, Page 1637, of thc Public Records of Collier County, Fiorida~ and B. The Mortgage originally secured a promissory note in the original principal amount of SEVEN MILLION ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($7,100,000.00) ("Note I'') and a revolving promissory note in the face amount of FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00) ("Note II''), both issued by Mortgagor in favor of Mortgagee of even date with the Mortgage; and C. Mortgagor requested and Mortgagee agreed to make another loan to Mortgagor in the amount of ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS AND NO/100 ($1,350,000.00). Such other loan was evidenced by a Promissory Note, the face amount of $1,350,000.00 executed by Mortgagor in favor of Mongagee's said predecessor dated February lg, 1997 ("Note III"). D. Note I was renewed by a Renewal Promissory Note in the amount of $6,852,758.75 dated February 18, i997 ("Renewal Note'') issued by Mortgagor in favor of Mortgagee's said predecesszr. The Renewal Note and the Note III were consolidated by ~TA~I) TAX~ O~ NO'II~ V ~LI- ~E PA~D AT THE I~g::ol~'rl~ HEP~:G~. ECTAA~f~..E TAXR~ O~ NOTI~ V, Y~I~H ~ A IIML-~ ](:).,r~ ii~t~ ~ p&~l OR: 2375 PGe 2386 Consolidated Renewal Promissory Note of even date therewith, which note was in the original principal amount of $8,202,758.75 ("Consolidated Note"). The Consolidated Note, Note III and the Renewal Note were secured by the Mortgage as modified by inslxument recorded at Official Records Book 2285, Page 1534 of the Public Records of Collier County, Florida; and E. Mortgagor has requested and Mortgagee has agreed to renew the Consolidated Note and Note II and to make two additional loans to Mortgagor in the respective amounts of $5,100,000.00 and $2,000,000.00. Such additional loans.are evidenced by a promissory note ("Note IV") in the amount of $5,100,000.00 of even date herewith and by a revolving promissory note ("Note V") in the amount of $2,000,000.00 of even date herewith, both of which notes have been issued by Mortgagor in favor of Mortgagee. The Consolidated Note has been renewed by renewal promissory note ("Renewal Note II") in the original principal amount of $7,146,050:03 of even date herewith, which amount is the principal balance outstanding under the Consolidated Note ($6,411,470.71) together with the undisbursed amounts thereunder ($734,579.32). Note Il has been renewed by renewal revolving promissory note ("Renewal Revolving Note") of even date herewith in the amount of $4,000,000.00. F. Renewal Note II and Note IV have been consolidated by Consolidated Renewal Note of even date herewith in the principal amount of $12,246,050.03 issued by Mortgagor in favor of Mortgagee ("Consolidated Renewal Note"). Note V and the Renewal Revolving Note have been consolidated by Consolidated Renewal Revolving Note of even date herewith issued by Mortgagor in favor of Mortgagee, which note is in the original principal amount of $6,000,000.00 ("Consolidated Renewal Revolving Note"). G. The parties wish to modify the Mortgage to reflect that Renewal Note II, Note IV, Note V, the Renewal Revolving Note, the Consolidated Renewal Note and the Consolida3_ed Renewal Revolving Note (collectively referred to as the "Notes") shall be secured by the Mortgage. In addition, the parties wish to confirm that the security interest in personal property and the assignment of leases, rents and profits created by the Mortgage continues with respect to the personal property and leases, rents and profits respecting the Property described in the Mortgage. The parties have entered into this agreement to evidence their understanding. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. The above recitals are true and correct. 2. The Mortgage, as hereby modifi.*d, secures the Notes. A default under either of the Consolidated Renewal Note or the Consolidated Renewal Revolving Note shall constitute a default under the Mortgage as hereby modified. Any reference to Note or Notes in the Mortgage shall apply to the Notes. 3. The maturity dates of the Notes are December 13, 1999. The principal balance outstanding under the Consolidated Renewal Note equals $12,246,050.03. OR: 2375 PG: 2387 4. Notice is hereby given that pursuant to paragraph 1.17 of the Mortgage, the proceeds of Note IV, when advanced, will constitute a future advance in the face amount of $5.100.000.00. Notice is hereby given that pursuant to paragraph I.l 7 of the Mortgage, the proceeds of Note V, when advanced, will constitute a future advance in the face amount of $2,000,000.00. The proceeds of such notes will be advanced in accord with the terms of a Development and Revolving Construction Loan Agreement made by Mortgagor and Mortgagee dated December 13. 1995, as amended by instrument dated February I g. 1997, and as further amended of even date herewith. 5. Monies under the Consolidated Renev,al Revolving Note may be advanced. repaid and readvanced, provided however that the principal balance outstanding thereunder shall never exceed, although the cumulative amount of all advances may exceed in the aggregate. $6,000,000.00. 6. The security interest in personal property and the assignment of lea.sea, rents and profits created by the Mortgage continues with respect to the personal property and leases, rents and profits respecting the Property described in the Mortgage, as heretofore and as hereby modified, and hereby secures the Notes. 7. Mortgagor agrees that it has no claims, defenses, or setoffs against Mortgagee or to or against enforcement of any of the Notes or the Mortgage, as modified, or if Mortgagor does i:,~', c ~D' of same, they are hereby waived in consideration of this modification. 8. Except as modified hereby, the Mortgage remains in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first above ~xitten. Signed, Sealed and Delivered in the presence of: Printed %am, e of ~4 ~lne.ts #2 NTC DEVELOPMENT, LTD., a Florida limited partnership By: SW Florida Partners, Inc., a Florida corporation, as sole General Partner, with full authority on behalf of  ershi~ By: Robert G. Claussen. as President ' OR: 2375 PG: 2388 ttt FIRST UNION NATIONAL BANK, a national banking association By: ~'nrs'rfo/rrrzo ~Asez: Saru~_ford Miller rrrLz: Vice President (Corporate Seal) STATE OF FLCiRIDA ) COUNTY OF ~ I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this ~'-day of~ , 1997, by {74[~t{ ~. C(tad, q.,, ,as '~rt61~ of SW Florida Partners, Inc., a Florida corporation, as sole general parmer of NTC Development, a Florida limited partnership, on behalf of said partnership, who is personally known to me (no) OR who produced ~/~ as identification. Notary,.Publip - State 9f Florida Typed. stamped, or Primed Name of Notary My Commission Expires: STATE OF FLORIDA ) COUNTY OF COLLIER ) . I I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this 'b~,'~. day of_ ~,f~ff~, 1997, by SANDFORD MILLER, as Vice President of FIRST UNION NATIONAL BANK~.a~.national banking association, on behalf of said association, who is personally known to me (~es)Xno) OR who produced U/]~ as identification. ~ Nobary Public - State of Florida Typed. stamped, or Printed Name of Notary My Commission Expires: 3"~,t. 2q, 'go ~ o · NOTE: ~ ,s & two-pan form. Ser~l ~ i:ans to ~he Department of State for filing. It a cogy cd Ires form ,s needed pn(x to ~ng. make photOCOimes to~ your reco~s. 2 1 4 5 0 iMPORTANT: Read Instructions on back before filling out form. Seminole Fo~m UCC-] STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM UCC-'. (REV. 1993) 2450 Pi~oe~__ Blvd. N'IC DEVELOPFE2TY, LTD., a Florida limited partnership ~-~ ........ i~¢.C~.~m ' Na_ .ples., FL ~~-~-~' ~m ~ ~ md~kk~ First Un/on National .Bank of Florida, N.A. ; 2,. OM, M BU~,-6r-Fi~33942  CO~ ........ 33942 mquimd. I mem Ii~ece il NqM~KI, Mtldt IdditJenM IMM(I)]. All that certain perscr~ll property described on the att_ached Exhibit A which is located On that certain real property described On the attached Exhibit B. 2003920 OR: 2128 I:)G: 1662 12/14/~5 It 1Z:27~ ~ l. iM, ~ le~: 3fl] lffll~ D! till SEE ATYACHED SIC2qATURE PAGE Tz'na~-~ ~-: ........... Name ~n C. ~s, E~. ~ ~nt, ~i~ & ~n, P.A. 5551 ~~ Drive, Ste. 501 ~ ~les, ~ 33963 FILING OFFICER COPY STANDARD FORM- FORM UCC-1 ~w~,~o,~,,.~,,.o,~ ~ SECURED PARTY: FIRST UNION NATIONAL BANK OF FLORIDA, a national banking association llcr, as Vice President NTC DEVELOPMENT, LTD., a Florida limited partnership By: SW Florida Partners, a Florida general parmership, its sole general partner with full authority to act on its behalf l:[obert G. Claussen, as Managing General Partner with full authority to act on its behalf OR: 2128 ~: 1663 OR: 2128 ?G: 16 4 All buildings and improvements of every kind and description now or hereafter erected or placed on the real property legally described in Exhibit B hereto and owned by the Debtor (the "Premises") and all materials intended for construction, reconstruction, rehabilitation, alteration and repairs of such improvements now or hereafter erected thereon, all of which materials shall be deemed to be included v.'ithin the Premises immediately upon the delivery thereof to the Premises, and all fixtures, goods and articles of personal property now or hereafter owned by Debtors and attached to or fo.'ming a part of or used in connection with the Premises or the operation and convenience of any building or buildings and improvements located thereon, including, but without limitation, all furniture, furnishings, equipment, apparatus, machine~,, motors, elevators, fittings, screens, awnings, partitions, and convenience of the Premises, and all plumbing, electrical, heating, lighting, ventilating, refrigerating, incineration, air-conditioning, and sprinkler equipment, systems, fixtures, and conduits (including, but not limited to, all furnaces, boilers, hot-and-cold water equipment and system), and all renewals or replacements thereof or articles in substitution therefor, in all cases whether or not the same are or shall be attached to the Premises in any manner. All right, title, estate, and interest of the Debtors in and to the Premises, property, improvements, furniture, furnishing, apparatus, and fixtures hereby conveyed, assigned, pledged, and hypothecated, or intended so to be. All accounts receivable, rents, issues, profits, royalties, income, and other benefits derived from the real estate. All leasehold estate, right, title and interest of Debtors in and to all leases or subleases covering the Premises or an2,' portion thereof nov.' or hereafter existing or entered into, and all right, limitation, all cash or security deposits, advance rentals, and deposits or payments of similar nature. All awards and other compensation heretofore or hereafter to be made to the present and all subsequent ov.'ncrs of the Premises for any taking by eminent domain, either permanent or temporary, of all or any pm of the Premises or any easement or ap:,urtenance thereof, including severance and consequential damage and change in grade of streets. All insurance proceeds as a result of damage or destruction to the Premises. All accounts, general intangibles, contract rights, chattel paper, deposit accounts, money, documents, encumbrances and instruments, now or hereafter owned by Debtor and related to, used in connection with or m'ising out of the premises or any improvements located thereon. All proceeds of the foregoing and all substitutions, replacements and accessions thereto. The security interest herein is limited to such of the foregoing as is owned by Debtors. UCCEXItlII lX)C *** OR: 2128 PG: 1665 EXHIBIT ~ - LEGAL DESCRIPTION All that part of th9 west 1/2 of Section 19, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows: BEGINNING at the southwest corner of said Section 19; thence along the west line of said Section 19, North 1'-07'-34" West 100.00 feet to the north line of an easement for drainage purposes as described in Deed Book 44 at page 78, Collier County Public Records, Collier County, Florida said point also being the southwest corner of that parcel as described in O. R. Book 767, pages 1508 and 1509 and O.R. Book 768, pages 828 and 829 Collier County Public Records, Collier County, Florida; thence along the boundary of that land as described in said O.R. Book 767, pages 1508 and 1509 and O.R. Book 768, pages 828 and 829, collier County Public Records, Collier County, Florida the following described nine (9) courses; 1) North 89°-09'-48" East 50.00 feet; 2) North 1'-07'-34" West 549.50 feet; 3) North 88'-52'-26" East 30.00 feet; 4) North 1'-07'-34' West 2017.43 feet; 5) North 0°-58'-48'' West 582.54 feet; 6) North 89'-01'-12" East 360.00 feet; 7) North 0°-58'-48" West 800.00 feet; 8) South 89'-01'-12" West 400.00 feet; 9) North 0"-58'-48'' West 1280.00 feet to a point on the north line of said Section 19, which lies North 89°-20'-08'' East 40.00 feet from the northwest corner of said Section 19; thence along the north line of said Section 19, North 89°-20'08'' East 2592.26 feet to the North 1/4 corner of said Section 19; thence along the north and south 1/4 section line of said Section 19 South 1"-08'-21'' East 1716.05 feet; thence leaving said line, South 89'-09'-48" West 750.00 feet; thence South 1°-08'-21'' East 3605.71 feet to the south line of said Section 19 and the south line of that drainage easement described in said Deed Book 44, page 78; thence along said line, South 89'-09'-48" West 1890.21 feet to the southwest corner of said ~ection 19 and the Point of Beginning of the parcel herein described; COLLIER COUNTY GO R NT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION September 8, 1998 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Jim Carr Agnoli, Barber & Brundage, Inc. 7400 N. Tamiami Trail Naples, FL 34108 Re: Carlton Lakes, Unit Two Dear Mr. Carr: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with Collier County Land Development Code, Section 3. All water and/or sewer facilities approved, accepted and required to be maintained by Collier County shall be conveyed to the County pursuant to the provisions set forth in Collier County Ordinance No. 97-17, as amended. You are reminded that it is your 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 Nix Engineering Technician II CC: Tim Clemons, Wastewater Director Paul Mattausch, Water Director Cindy Erb, Public Works John Houldsworth, Engineering Review Building Review & Permitting Code Enforcement Housing & Urban Improvement (941) 403-2400 (941) 403-2440 (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941) 403-2300 (941) 732-2502 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 ENGINEERING REVIEW SECTION September 3, 1998 Mr. Jim Carr, P.E. Agnoli, Barber & Brundage, Inc. 7400 N. Tamiami Trail Naples, FL. Re: Carlton Lakes Unit Two Dear Mr. Carr: This is to inform you that the above referenced project has been granted preliminary approval by Engineering Review in compliance with Collier County Land Development Code, Section 3.2.6.5.2. 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 truly you%s, John R. Houldsworth Senior Engineer Building Review & Permitting (941) 403-2400 Code Enforcement (941) 403-2440 Housing & Urban Improvement (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941) 403-2300 (941) 732-2502 -----[A IIII1~.-.~ ,'-,~'~,'~T · iiiIIk"T~ ii11111-~, ..--,~. nnnnnP..~~~ & nnnnnlk'T~ IIIIIIII'~T~ *T~ A r~ I I I I I I PJ,...~I~U .LN IJ.t%-t.-al2~, INC. Professional cnginccrs, planncrs & land surveyors ENGINEER'S FINAL PAYMENT CONFIRMATION The undersigned engineer of record of the project known as Carlton Lakes Unit Two.. hereby confirms that the firm of Agnoli, Barber & Brundage, Inc. has been paid in full by NTC Development Limited for labor, services or materials furnished in the design, permitting, and construction of the water and sewer utility facilities within this project. This confirmation of payment is not a release for any future right to claim a lien for work performed in connection with the property. Jack G. McKenna, P.E.. ....... Printed Name STATE OF FLORIDA COUNTY OF COLLIER On this 1 lth day of August, 1998, personally appeared Jack G. McKenna, whom I know personally and acknowledged that he executed the same. l~ary Public Printed Name: June A. Miller Commission No. CC733416 My Commission Expires: 4/24/02 08-028j81tr.doc IIBIIBh'T~ IIIIIII1"~-~ TI~A ~ I I I I I I PJ,,.~L~U LN l~.~t~i~, ~NC. Prolkssional cnginccrs, planners & land surveyors PRESSURE TEST REPORT PROJECT Carlton Lakes Unit 2 PN 6696-2/X004 DATE 7/15/98 WITNESSED BY R. Sandrus 8,: Daryl Hughes TYPE OF LINE: FORCEMAIN X POTABLE IRRIGATION FIRE DIAMETER 10" INCHES, D DIAMETER 6" INCHES, D LENGTH 3400' FEET, S LENGTH 3725' FEET, S TEST PRESSURE 150 PSI TEST PRESSURE 150 PSI TEST: TEST: START 160 PSI ~ 8:30 a.m. START 160 PSI ~ 8:30 a.m. STOP 158 PSI (&~ 10:30 a.m. STOP 158 PSI (&~ 10:30 a.m. AMOLTNT USED 4 GAL AMOUNT USED 4 GAL ALLOWABLE LEAKAGE: L = SD>P/133,200 GAL/HR = 3.12 GAL/HR X2= 6.24 GAL/2HR ALLOWABLE LEAKAQE: TAL = 10.34 GAL/2 HR PASSED Yes PASSED MainOfl~cc:7400Tan6anliTrailN,5;uitc200, Naplcs, Fl,.n-id,~34!i}8 . ,941)597-31tl . FAX: (941)566 22(13 LccCounw: 1025 [tct;drx ht ,quite 101.Fo:l Mycr'~,l:l(.~rid~3394;I · ~O,t!;33.t 1!73- FAX: (9-tl > 334-1175 Illll~,..Ik IBI/lh'l'~b lllIIIK~ llllllhl~b lllllll~ ~ Professional cnginccrs~ planncrs& land surveyors PRESSURE TEST REPORT PROJECT Carlton Lakes Unit 2, PN 6696-2/X004 DATE 7/7/98 WITNESSED BY R. Sandrus & Daryl Hughes (CCCS) TYPE OF LINE: X FORCEMAIN POTABLE IRRIGATION FIRE DIAMETER 4 INCHES, D LENGTH 1000 FEET, S TEST PRESSURE 100 PSI TEST: START 100 PSI ~ 8:45 a.m. STOP 100 PSI ~ 10:45 a.m. AMOUNT USED 0 GAL AVERAGE PSI /oo ALLOWABLE LEAKAGE: L = SD>P/133,200 GAL/HR i/ = 0.30 GAL/HR X2= 0.60 GAL/2HR PASSED Yes Aug-27-98 02:10P P.02 Lawton Chiles Governor Department of Environmental Protection South District P.O. Box 2549 Fort Myers, Florida 33902-2S49 Virginia B. ~Vecherell Secreta~/ August 25, 1998 Robert G. Cluassen, Managing Partner NTC Development Limted 2406 Piper Boulevard Naples, Florida 34110 Re: Collier County - PW Carlton Lakes Unit Two (Collier County Regional WTP) 132809-001-DSGP Dear Mr. Cluassen: 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 132809-001-DSGP dated December 16, 1997. Based on this certification and satisfactory bacteriological results, we are approving these facilities for service. Your continued cooperation in our water supply program is appreciated. Sincerely, GAM/MJH cc: Jack G. McKenna, P.E Paul E. Mattausch Gary A. Maier Professional Engineer Printed on recyrded poper. Aug-27-98 02:10P P.03 Department of Environmental Protection ~Z-~' ~-~---~- ?='--Z ~ E~-~ ~-~-=~=Z -- South District Lawton Chiles P.O. Box 2549 Governor Fore Myers, Florida 33902-2S49 Virginia B. Wetherelt Secretary August 27, 1998 Timothy L. Clemons Wastewater Director Collier County Public works 3301 Tamiami Trail East, Bldg. H Naples, Florida 34112 Dear Mr. Clemons: Re: Collier County - DW/CS Carlton L&kes Unit Two Collier County/North WWTP 50581-029-DWC Clearance For Use We have received a certificate of completion of construction, dated August 20, 1998, as submitted by Jack G. McKenna, P.E. of Agnoli, Barber and Brundage, Inc. for the project authorized by the above permit number. Accordingly, the domestic wastewater collection/transmission system may be placed into service. HWY/SK cc: Jack G. McKenna, P.E. Sincerely, Harle Ph. D. , Water Facilities Section Manager P.E. Printed on recycled [~per. WAIVER OF LIEN KNOW ALL MEN BY THESE PRESENTS, that Timothy C. Mitchell. Sr., as President, of Haleakala Construction. Inc. for and in consideration of FOUR HUNDRED FIFTYFIVE THOUSAND SIX HUNDRED SIXTYSIX DOLLARS AND SIXTY CENTS ( $ 455,666.60 ) and other good and valuable considerations, laxvful money of the United States of America. to me in hand paid. the reciept whereof is hereby acknowledged, does hereby waive, release, remiss, and relinquish any and all right to claim any lien or liens for work performed or material furnished, or any kind or class of lein whatsoever on the following described property: ( Please provide full name and location of development and a description of the utility sy~em con~ructed ) All the Potable Water and Sanitary Sewer Systems for Carlton Lakes Unit Two as depicted on the construction drawings prepared by. Agnoli, Barber and Brundage, Inc. Dated June 2, 1998 Haleakala Construction, Inc. 5758 Taylor Road ~Naples' Flori,dai~_~ By: ~~f~ ~) ' ~'~inmthn~. Mitchell. Sr.. -President STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS: The foregoing instrument was signed and acknowledged before me this 25 th day of August, 1998 by Timothv C. Mitchell, Sr. who is personally known to me and who did not take an oath. Brenda K Merchant CC 732239 ( Notary Seal ) 7/1/96 11-3 COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION August6,1998 3301E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX:(941) 732-2526 A CERTIFIED BLUE CHIP COM2ViUNITY Haleakala Construction Company 5758 Taylor Road Naples, Florida 34119 Re: Bacteriological Analysis Results - Main Clearance Attached please find the analytical results on the following water main clearance project: Carlton Lakes Phase II. These results were found to be acceptable by Collier' County Laboratory, #55261. Should you have any further questions regarding this matter, please contact me at (941) 352-7004. Sincerely, Howard B. Brogd6n Acting Laboratory Supervisor State of FLorida Oepartment of Nesith Office of Laboratory Services JacksonviLLe, Niami, PensacoLa Tm, West PaLm Beach DRINKING WA TER BACTERIOLOGICAL ANALYSIS DHRS# 5526~RLABusE ~LY Rec'd 12:22 8-04-98 TESTED Date: 8-04-98 By:GJG Time: 14:50 TO 15:30 CONFIRMED SYSTEM NAME: ADORESS: Press hard, (5) copies Collier County Water Dept 5114069 732-2558 SYSTEM I.D. NO: SYSTEM PHONE #: 3301 Tamiami Trail~ Naples? FL COUNTY: Collier DISTRICT: 11 COLLECTOR: G.J. C~AD,~4-r'~ COLLECTOR PHONE #: 352--7G;~ SAMPLE SITE (LocaLity or Subdivision): CARLTON LAKES - PHASE I I DATE AND TIME COLLECTED: ~,. ~ ~ TYPE OF SUPPLYCCircLe one): Nonconlnunity Hater system Nontransient - noncommunity ~ater system Pr~ SNinl~ing pool BottLed ~ater Limited Use system TYPE OF SAMPLECCircLe one): CompLiance Repeat RepLacement ~nc~~ WetL survey Other (Check Box) [ ] Oistribution [ ] Check here if payment made [ ] RaN to county public health unit TO BE COMPLETED BY COLLECTOR OF SAMPLE TO_.,~,.,~e:~m_~OMPLETED BY LAB ANALYSIS METHO0: ~__~,~ MT~- HMO-MUG PA COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLT SAMPLE NUMBER 1 38+00 3. =~ 8.4 ~ 074-8-98 2 49+50 PSP 3.5 8.4 ~ 075-8-98 3 59+50 3.~= 8.3 ~ 076-8-98 4 14+00 3.~= 8.4 ~ 077-8-98 5 11+80 3. =~ 8.4 $ A ~78-8-98 6 25+50 3.=~ 8.4I ~ 079-8-98 7 12+89 3. * ResuLts in this column are prescm~tive. Total coliform and fecal coLiform or E..:.. coLi confirmation ~iLL foLLo~ in 24-48 hours. P - Co[iforms are present C - ConfLuent growth TA - Turbid, Absence of gas or acid A - CoIiforms are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address beLow): REMARKS: DAY ONE NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER SATISFACTORY INCCkqPLETE COLLECTION INFORMATION REPEAT SAMPLES REPLACEMENT SAMPLES State of FLorida gepartment of Health Office of L~boratory Services Jacksonville, Nimi, Pensacola Tlmpa, gear Palm Beach DRINKING WATER BACTERIOLOGICAL ANALYSIS DHRS# 5526~ORLABUSEONLY Rec'd 12:22 8-04-98 TESTED Date: 8-04-98 By:GJG Time: 14:50 TO 15:30 CONFIRMED SYSTEM NAME: ADDRESS: COLLECTOR: G.J. GRABNER CARLTON LAKES - PHASE SAMPLE SITE (Locality or Subdivision): DATE AND TIME COLLECTED: 8-04-98 9: 37 TO 9: 42 SUPPLY(Circle one): ~ Noncon~nunity water system Nontransient - noncommunity water system TYPE OF p* w~in g pool Bottled water Limited Use system TYPE OF SAMPLE(Circle one): Compliance Repeat Replacement ~~ Well survey Other (Check Box) [ ] Distribution [ ] Check here if payment made [ ] Raw to county public health unit Press hard, (5) copies Collier County Water Dept 5114069 732-2558 SYSTEM I.D. NO: SYSTEM PHONE #: 3301 Tamiami Trail, Naples, FL COUNTY: Collier DISTRICT: 11 COLLECTOR PHONE #: 352-7007 II TO BE COHPLETED BY COLLECTOR OF SAMPLE TO BE COMPLETED BY LAB ANALYSIS METHO0: ~ MTF HMO-MUG PA RM CONFIRM COLL. SAMPLE POINT Cl NON NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAMPLE NUMBER 8 24+50 3.~ 8.4 ~ 081-8-98 9 15+50 3.~ 8'= A 082-8-98 * Results in this column are presta~ptive. Total coliform and fecal coliform or E_= coli confirmation will follow in 24-48 hours. P - Coliform are present C - Confluent growth TA - Turbid, Absence of gas or acid A - Coliform are absent TNTC - Too numerous to count INVOICE ADDRESS (if different than address below): INTERPRETATIONS-REMARKS BY. PROGRAM REV]RUER REMARKS: DAY ONE NAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of FLorida .Department of HeaLth Office of Laboratory Services · JacksonviLLe, Hi--i, PensacoLa Tampa, Vest PaLm Beach DRINKING WATER BACTERIOLOGICAL ANAL YSIS DHRS# 5526 fOR LAB USE ONLY Rec'd 11:52 8-05-98 TESTED Date: 8-05-98 By:GJG Time: 13:20 TO 14:00 CONFIRMED Press hard, (5) copies Collier County Water Dept 5114069 732-2558 SYSTEM NAME: SYSTEM I.D. NO: SYSTEM PHONE #: ADDRESS: 3301 Tamiami Trail, Naples, FL COUNTY: Collier DISTRICT: 11 COLLECTOR: 6_ _T_ ~AB.~!ER COLLECTOR PHONE #: SAMPLE SITE (LocaLity or Subdivision): CARLTON LAKES - PHASE I I DATE AND TIME COLLECTED: _~_~_~_~_~ --~ ~ ~ ~0 ~ ~::~ TYPE OF SUPPLY(Circte one): ty wa~er sys~ Nonco~nity water syst~ Nontransient - nonc~nfty water system Private ke[[ S~i~ing ~o[ Bottted ~ater Limit~ Use system TYPE OF SAMPLE(CircLe one): C~tiance Re,at Reptac~nt ~ett survey Other (Check Box) [ ] Distrf~tion [ ] Check here if ~nt ~de [ ] Ra~ to county ~b[ic health unit TO BE C~PLETED BY COLLECTOR OF SAMPLE TO BE C~PLETED BY LAB ANALYSIS METH~: ~ MTF MMO-MUG PA COLL. SAMPLE POINT C[ NON CONFIRM CONFIRM NO. (S~cific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLT SAMPLE NUMBER A 1 38+00 ~ ~.= ~ 8.4 / 122-8-98 2 49+50 PSP 3.5 8.4 ~ 123-8-98 = 59+50 3 5 8.4 ~ 124-8-98 4 14+00 3.~ 8.4 A 125-8-98 25+50 3.~ 8.4 ~ 127-8-98 6 * ResuLts in this column are prestznptive. P - CoLiforms are present A - CoLiforms are absent Total coliform and fecat coliform or E. coLi confirmation wiLL foLLow in 24-~8 hours. C - ConfLuent growth TA - Turbid, Absence of gas or acid TNTC - Too numerous to count INVOICE ADDRESS (if different than address beLow): REMARKS: DAY TWO INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER HAME AND MAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEgING OFFICIAL: TITLE: ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES State of FLorida , Department of HeaLth 'Office of Laboratory Ser¥icea JackaoflviLLe, Mi~li, PensacoLa Tm, West PaLm Beach DRINKING WA TER BACTERIOLOGICAL ANALYSIS DHRS# 5526 {OR LAB USE ONLY Rec'd 11:52 8-05-98 TESTED Date: 8-05-98 By:GJG Time: 13:20 TO 14:00 CONFIRMED SYSTEM NAME: ADDRESS: Press hard, (5) copies Collier County Water Dept 5114069 732-2558 SYSTEM I.D. NO: SYSTEM PHONE #: 3301 Tamiami Trail, Naples, FL COUNTY: Collier DISTRICT: 11 COLLECTOR: G· J. GRAB,',~ER COLLECTOR PHONE #: 35~-'-' 7:~C SAMPLE SITE (Locality or Subdivision): CARLTON LAKES - PHASE I I DATE AND TIME COLLECTED: TYPE OF SUPPLY(Circle one):~ng Compliance (Check Box) [ ] Distribution [ ] Raw Repeat TYPE OF SAMPLE(Circle one): ~.~ TG ~ -- 16 Noncommunity water system Nontransient - noncommunity water system pool Bott Led water Limited Use system Replacement ~ We[[ survey Other [ ] Check here if payment made to county public health unil TO BE COMPLETED BY COLLECTOR OF SAMPLE TQ. rBE COMPLETED BY LAB ANALYSIS METHO0: ~) MTF MMO'MUG PA COLL. SAMPLE POINT Cl NON CONFIRM CONFIRM NO. (Specific Address) RES'D pH COLIFORM *TOTAL TOTAL FECAL E. COLI SAJ~PLE NUMBER ! 8 24+50 ~.~ ~ 8.4 ~ 12'9-8-98 9 15+50 3.[ 8.4 ~ 130-8-98 * Results in this coluna~ are presunptive. Total coliform and fecal coliform or E. coti confirmatiol will follow in 24-48 hours. P - CoLiforms are present A - Coliforms are absent C - Confluent growth TA - Turbid, Absence of gas or acid TNT( - Too numerous to count INVOICE ADDRESS (if different than address below): REMARKS: DAY TWO NAME AND FLAILING ADDRESS OF PERSON/FIRM TO RECEIVE REPORT REVIEWING OFFICIAL: TITLE: INTERPRETATIONS-REMARKS BY. PROGRAM REVIEWER ( ) ( ) SATISFACTORY ( ) INCOMPLETE COLLECTION INFORMATION ( ) REPEAT SAMPLES ( ) REPLACEMENT SAMPLES CERTIFICATION OF CONTRIBUTORY ASSETS PROJECT NAME LOCATION: CARLTON LAKES - UNIT TWO CARLTON LAKES NAME AND ADDRESS OF OWNER: NTC DEVELOPMENT 2045 PIPER BLVD. NAPLES. FLORIDA 34110 TYPE UTILITY SYSTEM: POTABLE WATER SYSTEM DESCRIPTION AND COST OF MATERIAL. LABOR. AND SERVICES i ~B-~E WATER CoNNi xiST. 10 ; YAT :R ~;O¥'P-VC DR-I~'~'-;('~'ERM.klN .... 347(~ LF ~ $13.90{ $48~233.00 _ I,o,, P¥c DR-!4 ~i.¢~ERMAIN 280, Ll: $15.71 $4.398.80 ~6" PVC DR-14 WATERMAIN 6"GATE VALVE & BOX ' 12 ] EA ~ $;~0:0[~-' ~6,240.;0 ~'LUSHINd-~YDRANT ~ 10") 1 FLUSHING tlYDRANT ( 8" ) {FIRE HYDRANT ON 10" MAIN [PERM. BSP , MAGNETIC LOCATORS - k 20 EA [ $20.00 S400.00 Sub Total [ ~ : . $169,746.10 ~ (If more space is require& use additional page(s). Number each page and include the name of the project. 7/1/96 11-5 I do hereby certify that the quantities of material and services described above are a true and accurate representation of the as - installed cost of the system being contributed to Collier County. and corresponds with the record drawings. CERTIFYING: ~iq~oth~itchell, Sr., President OF: Haleakala Construction, Inc. 5758 Taylor Road Naples. Florida 34109-1856 STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS: The foregoing instrument was signed and acknowledged before me this 27 th day of July, 1998 by Timothy C. Mitchell. Sr, who is personally known to me and who did not take an oath. B~eenc[t I~ l~ercliafit ' CC 384.,89 7/1/96 11-5 CERTIFICATION OF CONTRIBUTORY ASSETS PROJECT NAME: LOCATION: CARLTON LAKES - UNIT TWO CARLTON LAKES NAME AND ADDRESS OF OWNER: NTC DEVELOPMENT 2045 PIPER BLVD_ NAPLES. FLORIDA 34110 TYPE UTILITY SYSTEM: SANITARY SEWER SYSTEM DESCRIPTION AND COST OF MATERIAL. LABOR. AND SERVICES I~" PV~DR ~5 ; - 8TCi;~ ]- 1630 I I.F ' $22.50 ~ $36.675.00 18" PVC SDR-35 8 - 10 CUT 1006~, .... LF ~1 S25.00 ;, $25.150 004 [8" PVC SDR-35 10 - 12'CIIT [ ~ i L_? ~ $3~.00 $_1_i,340.00 ~ ;4'DIA MANHOIE 0-6'CUT ~ 8/ EA ~ $1 200 00 $9600.00/ 4'DIA M XNHOLE 6-8'C[T 7 ~ EA $1 50000: $10.500.00 ~ 4'DIA MANHOI,E 8 - 10'CUT ~ 6c F,A ~ $1,700.0~ $10,200.00~ 4'DIA. MANttOLE 12 - 14'CUT ~ 1 EA $2.375.00 , $2375.00 i4, DiA. MANHOLE I 4 - 16'CUT 34L EA $3A) 15.00 $9.o45 oo IOUT SIDE DROP CONNECTION EA . 6" PVC I,ATERAL : 2202 LF Sg.00 i $17.616.00 6" SGL CLEAN-OUT 12~ T~( Si56~ ii.8oo.o~ 16" DBL CI,EAN-OUT l- t 'C.O.(g; END OF 8" ' 2 EA $200.00 [ $400_00 8" PLUG 8 EA $45.00 ~ $360.00 4" PVC DR-14 FORCEMAIN 60 ~6,, PVC DR-18 FORCEMAIN I 385 ~ LF $7.70 $2 964.50 !6" PVC DR-14 FORCEMAIN ~ 240 i,F 6" PI, UG VALVE & BOX I EA $750.00 $750.00 PUMP STATION COMPLETE I E,, i , oo.oot TOTAL t $285,920-50~ (If more space is required, use additional page(s). Number each page and include the name of the project. 7/1/96 11-5 I do hereby certify that the quantities of material and services described above are a true and accurate representation of the as - installed cost of the s/stem being contributed to Collier County and corresponds with lhe record dra~viugs. CERTIFYING: Tinny C.,~q~chell. Sr.. President OF: ttaleakala Construction, Inc. 5758 Taylor Road Naples. Florida 34109-1856 STATE OF FLORIDA ) ) COUNTY OF COLLIER ) SS: The foregoing instrument was signed and acknowledged before me this 27 th day of July, 1998 by Timothy C. Mitchell. Sr. who is personally known to me and who did not take an oath. Brenda K Merchant CC 384389 7/1/96 11-5 B~Z1GNOLI II!lllk'l~ I!i1111~ ~ IlIIIFU~~ ~ IIIIIIk~ Illllll~ Professional engineers, planners & Land surveyors August 11, 1998 Board of County Commissioners of Collier County 3301 Tamiami Trail East, Building F Naples, FL 34104 Re: Carlton Lakes Unit Two, PN 6696-2 Honorable Commissioners: The purpose of this letter is to certify that to the best of my knowledge, information and belief and in accordance with commonly accepted procedures consistent with applicable standards of practice, the water facilities to be dedicated at the above-referenced project have been constructed within easements dedicated in the plat of Carlton Lakes Unit Two. This is not a guaranty or warranty, either expressed or implied. Sincerely/ aack G. McKenna, P E JGM/jam cc: Don Milarcik 08-029j81tr.doc WARRANTY The undersigned parties do hereby warrant and/or guaranty all work executed by the contractor on the water and sewer systems of ( Name of Development ) CARLTON LAKES UNIT T~/O to be free from defects in material and worknmnship for a period of at least one ( 1 ) year from the date of acceptance ~' the Collier Count).' Board of County Commissioncrs. 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 Guaran .ty is the requirement by the General Conditions and Specifications under which the contract was let that such Warran .ty and/or Guaranty would be given. Haleakala Construction. Inc. BY '/~mo~LP~ Mitcl~ell. Sr.. President STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 27 th day of July, 1998 ~' Timothy C. Mitchell, St, who is personally known to mc and who did not take an oath. Brenda K Merchant CC 384389 7/I/96 11-2 INVOICE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 34112 ADC NO. Invoice' No. 29888 Date: August 3, 1998 TO: Haleakala Construction 5910 Taylor Road Naples, FL 34108 Applic PO No.: Department: Dept. of Revenue Phone: 403- 2365 DUE AND PAYABLE UPON RECEIPT [BOARD DEPARTMENTS ONLY - CHARGES EXPENSED UPON RECEIPT OF YELLOW COPY IN FINANCE] Carlton Lakes PH II DESCRIPTION AMOUNT Full Bore Flush, Disinfection, Post Disinfection Work Order #13559/101824 Labor :7 hrs. @ 15.00 per hour 105.00 Equipment: 7 hrs. @ 12.00 per hour 84.00 Admins Cost 145.80 Lab Analysis: 36 hrs. @ 15.00 per hour 540.00 Gallons Used - 8,000 26.50 TOTAL AMOUNT $ 901.30 FUND 4O8 FUND MAKE CHECKS PAYABLE TO COLLIER COUNTY BOARD OFCOUNTYCOMMISSIONERS DETACH AND MAILTHIS PORTION WITH YOUR CHECK TO FINANCE DEPARTMENT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA 34112 REVENUEACCOUNT ICOST CENTER OB J/REV CODE 000000 115100 EXPENDITURE ACCOUNT ICOST CENTER I OB J/REV CODE IPROJECT 00000 IPROJECT I Invoice: Amt Encl: NR No: No. 29888 42cyin Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number I Date 1 Post Date . Payment Slip Nb~ 91920 1 9/1/98 4:21:45 PM 1 9/2/98 UT 41693 HALEAKALA 5910 TAYLOR RD Payor · HALEAKALA CONST Fee Information Fee Code Description I GL Account i Amount Waived 42CYIN COUNTY INVOICES ! 40800000011510000000 i $1150.60 ' Total ' $1150.60, Payments I Account/Check Number Payment Code Amount! :7;HECK f 022254 $1150.60, Total Cash Total Non-Cash Total Paid Memo: DISINFECTION ,POST FLUSH AT CYRSTAL LAKE (WATERFORD PLACE) INVOICE #29887 FOR $249.30 FULL BORE FLUSH AT CARLTON LAKES PH 2 INVOICE #29888 FOR $901.30 PAID 911/98 CK #22254 FOR $1150.60 $0.00 $1150.60 $1150.60! Cashier/location: FROLOFF E / 1 User: MOROCCO_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:9/1/98 4:22:57 PM Sep-02-98 01:05P P.02 09/02/1998..1.~_: ~.3 .... 5947964 Septe~ 2, D~xt MIl~rr, ik Carlton tJke~ 2q Piper 91v;I. I~I~;IN, FL 34110 RE.' Fire Hvdrmr~ Acx:~pWnce- HiOPwood P,,rk LIn~ The Nurth N~lplea Fire Con~J mtn] R~cue 0t~trict h~ Inq;~:~:l ~ ~ ~ ~s ~r ~~ ~ ~inl~ M ~ ~ ~r~. We ~H W ~~ip and FoMowlr~ ~J1 t~e reeuite M ble flow 8~elic 80 Residual Flow 1210 Plt(~ 52 ff ~ hlvi &ny question,, plemle dc) nM nelltlte to Oive ~N~ m ocli. Km'l K ilIIIIIB~ iIIilPJ,~~]~ & Professional engineers, planners & land surveyors GRAVITY SEWER INFILTRATION TEST REPORT PROJECT Carlton Lakes, PN 6696-2/X004 WITNESSED BY Jim Bailey DATE 7/8/98 - 7/9/98 PROCEDURE MEASUREMENT MEASUREMENT INFILTRATION 31.43 VERTICAL DISTANCE TIME DATE LID TO WATER 1:00 p.m. 7/8/98 212.75" 1:00 p.m. 7/9/98 211.75" GPD ALLOWABLE LEAKAGE SEWER SIZE 8 INCHES, D TOTAL LENGTH 5312 FT/5280 = 1.01 MI, L ALLOWABLE LEAKAGE 50 GPD/MI/INCH DIA AL=(50XDXL)= 408 GPD PASSED Yes Main Office: 7400 '['anfiami 'Frail N , Suite 200, Naples, l~[orida ?,4108 · (941 ) 597 31 l I · FAX: (941) 560-2203 l.cc County: 1625 t tcndrx St, 5;uilc 101, I'd,ri Myers, Fl~rid~ 339{~1 · (t)41 ~ 334-1173 . FAX: (941 t 334-1175 PAIN._TS & COATINGS UNLIMITED * 194159894~ ,. ,Wozr¢~ater Snv. u'mre ReMbilitatio.!" N0.581 Q02 To Whom It May Concern; Carl A. Lquidara President 4~)1 Iqam:ock Bridge Pafloa, ay * Nth. Ft. Myers. FL 33905 * 941-997-6645 * 90,1-997~7117 FAX COLLIER COUNTY UTILITIES W~STEWATER DEPARTMENT PROJECT VIDEO REVIEW DATE OF REVIEW:O-18-98 PROJECT NAME: ~rlton Lakes ENGINEER OF RECORD: CONSTRUCTION CONTRACTOR: Haleaka Const. VIDEO CONTRACTOR: SEWER VIEWER COMMENTS: Lines and services are acceptable (north) RECOMMENDATIONS: ~x 1 ACCEPTABLE: REVIEW NUMBERED COMMENTS IN ONE YEAR: NUMBERED COMMENTS UNACCEPTABLE: (REPAIR/REPLACE) ~--~OTHER RECOMMENDATIONS: Chris Farris -~ :),-~'!,/., -' / 2152 SPRINT BLVD. APOPKA, FL 32703 (407) 886-3131 DIVISION OF ELLIS K. PHELPS & CO, 5661 DIVISION DRIVE FORT MYERS, FL 33905 (941) 693-5226 RESPOND TO: [3 1100 53RD COURT SOUTH MANGONIA PARK WEST PALM BEACH, FL 33407 (561) 848-2299 PUMP STATION START-UP REPORT JOB NAME CARLTON LAKES %2 OPERATOR LOCATION OF INSTALLATION Naples, FL CONTRACTOR Haleakala Construction DESIGN CONDITIONS: GPM__ PUMP MODEL CP3127 H.P. 10 IMPELLER 481 VOLTAGE SERIAL NUMBER #1 180-9820470 #2 180-9820471 #3 MANUFACTURER OF CONTROL OVERLOAD HEATER # B-45 ALTERNATOR TESTED YES COMMENTS: #4 QCI SERIAL L/A CONNECTED YES [] 124 AIRPORT PARK DR. SAVANNAH, GA 31408 (912) 966-1866 Collier County TDH 230 PHASE 3 03-98-29 GROUND CONNECTED YES Ail controls operate good. Pumps sound good. MEGGER CHECK #1 INF RED INF BLACK INF %2 INF RED INF BLACK INF %3 RED BLACK #4 RED BLACK VOLTAGE CHECK: WHITE WHITE WHITE WHITE TO GROUND CONTROL CIRCUIT PRIMARY A to B 247 A to G 123 AMPERAGE CHECK: #1 24 #2 24 A #3 A PUMPS SEATED PROPERLY YES B to C 245 B to G 215 A 28 B 27 B 123 SECONDARY 25 A to C 247 A to G 123 26 C PHASE 25 C PHASE B C PHASE OPERATOR HAS RECEIVED INSTRUCTION MANUAL YES FIELD TEST PERFORNLANCE TEST: #1 423 GPM TDH %2 438 GPM _T~ GPM #3 GPM TDH #4 GPM ,...~' ~DH~Oy // GPM I certify this report to be Official Start-Up Date: 6/24/98 TDH TDH (813) 728-3787 CHARLES AMRHEIN d/b/a A & G Electric Inc. 17540 Oak Creek Rd. Alva, Florida 33920 Beeper 489-8423 June 26, 1998 Halekala Construction Company 5910 Taylor Road #103 Naples, FI. 34109 RE: CARLTON LAKES #2 JUN 2.7 !99B HALEAKALA CONSTRUCTION, To Whom It May Concern: The electric service to the sewer lift station has been installed in accordance with the approved plans and specifications. The voltage drop does not exceed 5%. Sincerely, .. Charles W. Amrhein A&G Electric jlj Commercial · Residential · Industrial · 24 Hour Service COLLIER COUNTY GO ENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 August14,1998 Jack McKenna Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail N., Suite 200 Naples, Florida 34108 RE: Carlton Lakes Unit 2, Water & Sewer Dear Mr. McKenna: A preliminary inspection of the referenced project was conducted by Randy Casey of the Engineering Review Section of the Planning Services Department on August 14, 1998. 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, Cly~O~&gate ~ Engineering Inspections Supervisor CF/rc/den/f:\Inspection form cc: Cindy Erb, Engineering Technician, Public Works Timothy L. Clemons, Wastewater Director, Utilities Ed Finn, 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 Building Review & Permitting Code Enforcement Housing & Urban Improvement (941) 403-2400 /941) 403-2440 (941) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941) 403-2300 (941) 732-2502