Backup Documents 09/11/2018 Item #16A16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Thw completed routing slip and original documents are to be forwarded to the County Attorney Oilier
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 1 I `
/
4. BCC Office Board of County (1 .l
Commissioners 34,
3-
5. Minutes and Records Clerk of Court's Office 13-/6/43
ii`io
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jodi Hughes Phone Number x-5744
Contact/ Department
Agenda Date Item was 9/11/18 Agenda Item Number 16A16
Approved by the BCC
Type of Document Plat 4 ( pr - 'S ��^ J Number of Original
Attached U Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Ap able)
1. Does the document require the chairman's original signature? ..;41" Z
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency; Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JH
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
. .„ .
8. The document was approved by the BCC on 9/11/18 and all changes made during . �
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. " ft°^ >
9. Initials of attorney verifying that the attached document is the version approved by theig'.i.:0170
BCC, all changes directed by the BCC have been made,and the document is ready for the 0
Chairman's signature.
l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.2,. ;Revised 11/30/12
16A16
MEMORANDUM
Date: September 28, 2018
To: Jodi Hughes, Project Manager
Development Review
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Plat— Kopper's Subdivision
Attached is a copy of the aforementioned document as referenced above, (Item
#16A16) approved by Board of County Commissioners on Tuesday, September
11, 2018.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
1 6 A 1 6
JOINDER AND CONSENT
The undersigned is holder of that certain Mortgage and Security Agreement from Herman
Kopper and Maria E. Kopper dated 08/25/2016 and recorded 09/01/2016, Book No. 5309 Page
1808 in Official Records of Collier County Florida, which encumbers the land being platted as
Kopper's Subdivision, and does, herby join in and consent to the dedications of the plat and
further subordinates its interests to the dedications of the plat.
IN WITHNESS WHEREOF that said Mortgage holder has duly executed this instrument this
day of September 2018.
FIRST FLORIDA INTEGRITY BANK
BY c
Bill/Reitz, Senior Vice'President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this day of September, 2018 by
Bill Reitz as Senior Vice President of FIRST FLORIDA INTEGRITY BANK on behalf of the
Bank who is personally known to me or has produced as identification.
(STAMP)
a ANGELICAH,LASTRA
(1;:".A.,;). MY COMMISSION#GG023922 Print Name
EXPIRES:August 24.2020
BotdrnmNotarYPubGcundervmers Notary Public, State of Florida
My Commission Expires
INSTR 5307597 OR 5309 PG 1808 RECORDED 9/1/2016 8:40 AM PAGES 8
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
Doc@.35 $350.00 INT@.002 $200.00 REC $69.50
OBLD $100,000.00 OBLI $100,000.00
16A16
RECORDATION REQUESTED BY:
First Florida Integrity Bank
Kraft Road Office
3560 Kraft Road
P.O.Box 10910
Naples,FL 34101-9925
WHEN RECORDED MAIL TO:
First Florida Integrity Bank
Attention: Loan Operations
P.O.Box 10910
Naples,FL 34101-9925
This Mortgage prepared by:
Name: Arl "0-Operations Specialist
Compan i "t a t g .
Addr st oad;, ., - 4101-9925
GA E�
•
FOR US- WIT E fL�~ N `• �i AG EEMENT
. IL„ Li
MAXIMUM LIEN. The total amou 'ta"of indebtedness securgysst1),INs Mtge may decrease or increase from
time to time, but the maximum a � of principal indebtesIV ay be outstanding at any one time
shall not exceed $100,000.00, plus\ t, and amounts ex0e�yd$ f ria anced by Lender for the payment of
taxes, levies or insurance on the Propb yr interest on such a u
THIS MORTGAGE dated August 25, 201and-exttl1.b�`"tween HERMANN KOPPER,whose address
is 5705 SEA GRASS LANE, NAPLES, FL 341 NfA ‘E-.-'KOPPER, whose address is 5705 SEA GRASS
LANE, NAPLES, FL 34116; as, Husband and Wife referred to below as "Grantor") and First Florida Integrity
Bank, whose address is 3560 Kraft Road, P.O. Box 10910, Naples, FL 34101-9925 (referred to below as
"Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages to Lender all of Grantor's right, title, and interest in and to the
following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
easements,rights of way, and appurtenances;all water, water rights,watercourses and ditch rights(including stock in utilities with ditch
or irrigation rights);and all other rights,royalties,and profits relating to the real property, including without limitation all minerals,oil,gas,
geothermal and similar matters, (the "Real Property") located in COLLIER County, State of Florida:
The West 412.50 Feet el Tract 113 and the South 150 Feet of the West 412.50 of Tract 112 GOLDEN
GATE ESTATES, UNIT 31, according to the plat thereof, as recorded in Plat Book 7, at Page 59, of the
Public Records of Collier County, Fionda.
The Real Property or its address is commonly known as 5703 SEA GRASS LANE, NAPLES, FL 34116. The
Real Property tax identification number is 38229560005.
REVOLVING LINE OF CREDIT. This Mortgage secures the Indebtedness including,without limitation,a revolving line of credit under which,
upon request by Grantor,Lender,w:'.hin twenty(20)years from the date of '-,is Mortgage, may make future advances to Grantor. Such
future advances,together with interest thereon, are secured by this Mortgace. Such advances may be made,repaid, and remade from
time to time, subject to the limitai"n that the total outstanding balance ow ng at any one time, not including finance charges on such
balance at a fixed or variable rate,r sum as provided in the Credit Agreement,any temporary overages,other charges,and any amounts
expended or advanced as provided In either the Indebtedness paragraph or th's paragraph,shall not exceed the Credit Limit as provided In
the Credit Agreement. It Is the i:'tentlon of Grantor and Lender that this Mortgage secures the balance outstanding under the Credit
Agreement from time to time from ze,.•o up to the Credit Limit as provided in the Credit Agreement and any Intermediate balance.
Grantor presently assigns to Lender all of Grantor's right, title,and interest ir.and to all present and future leases of the Property and all
Rents from the Property. In additio'i, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and
Rents.
THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,
OR 5309 PG 1809
1 6 A16
MORTGAGE
Loan No: 85006658 (Continued Page 2
IS GIVEN TO SECURE (A) PAYMEr•'T OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND
OBLIGATIONS UNDER THE CREDI7'AGREEMENT WITH THE CREDIT LIMIT OF $100,000.00, THE RELATED DOCUMENTS, AND THIS
MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Er'cept as otherwise provided in this Mortg'ge,Grantor shall pay to Lender all amounts secured by this
Mortgage as they become due and siiall strictly perform all of Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees tt at Grantor's possession and use of the Property shall be
governed by the following provisions:
Possession and Use. Until Graitor's interest in any or all of the Property is foreclosed,Grantor may (1) remain in possession and
control of the Property; (2) use,operate or manage the Property;and (3' collect the Rents from the Property.
Duty to Maintain. Grantor s:.all maintain the Property in good cond'ion and promptly perform all repairs, replacements, and
maintenance necessary to prey Ne its value.
Compliance With Environments'Laws. Grantor represents and warrants t."Lender that: (1) During the period of Grantor's ownership
of the Property, there has beeno use, generation, manufacture, storace, treatment, disposal, release or threatened release of any
Hazardous Substance by any I't,rson on, under,abou�tt4- grope,(y; (2) Grantor has no knowledge of,or reason to believe
that there has been,except as ?reviously disclo ed"o i�dlt.Kr .-, y,,Lender in writing, (a) any breach or violation of any
Environmental Laws, (b) anv use, generaC ?. ' =• -, • .•• `t# fit, disposal, release or threatened release of any
Hazardous Substance on, under about or fr U ' 6perty by any prio?' r occupants of the Property, or (c) any actual or
threatened litigation or claims r`any kin person relating to su,, m nd (3) Except as previously disclosed to and
acknowledged by Lender in writing, (a) Heil r Grantor nor any tenant, contr clot, gent or other authorized user of the Property
shall use,generate,manufacture,store trey disspp,ppse of o�-releas�.erly azardo Sub tante on, under, about or from the Property;
and (b) any such activity shall be cond,cted`'Th lia with al, applicabl fedral, state, and local laws, regulations and
ordinances, including without I! ?itatio all nv' •• -nta .,is. -r •r '•• ' end and its agents to enter upon the Properly
to make such inspections and'r.sts, t Gry�. or s e •:k a •e-' Tp opnale to determine compliance of the Property
with this section of the Mortcc ye. ny ; p tion or tes s e 'l: er= <•all •e for Lenders purposes only and shall not he
construed to create any respccsibili or!bili o he pelt o 1- 'er to nt•r o to a y other person. The representations and
warranties contained herein are bas (I) e y n • it,'nvest,•pti • t et-Pt perty for Hazardous Substances. Grantor
hereby (1) releases and waives any fore laims against Lender for';,•e unit'or • e. ion in the event Grantor becomes liable for
cleanup or other costs under any suc \ ; and (2) agrees to ind:y.nify, .efe d; :r�(i hold harmless Lender against any and all
claims, losses, liabilities,damages,pen lt( and expenses which Le ..a a dir -n .r indirectly sustain or suffer resulting from a
breach of this section of the Mortgag a consequence of any , e•- , manufacture, storage, disposal, release or
threatened release occurring prior to Gra tt s nership or interest in the g.'• whether or not the same was or should have
been known to Grantor. The p:-,visions of s rd oQof the Mortgage,is de t • obligation to indemnify and defend, shall survive
the payment of the IndebtedneLi
s and the sa' tb�nn�,�andz-con - - s, '#)tb.- len of this Mortgage and shall not be affected by
Lender's acquisition of anyinto-tst in the Prope wtubf fel erwise.
Nuisance,Waste. Grantor sha';'not cause,conduct or permit-anysuise nor commit,permit,or suffer any stripping of or waste on
or to the Property or any portico of the Property. Without limiting the ge,erality of the foregoing,Grantor will not remove,or grant to
any other party the right to r,r.,ove, any timber, minerals (including or and gas), coal, clay, scoria, soil, gravel or rock products
without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any I'nprovements from the Real Property without Lender's prior
written consent. As a condition to the removal of any Improvements, Le?der may require Grantor to make arrangements satisfactory
to Lender to replace such Imprnements with Improvements of at least e7.ial value.
Lender's Right to Enter. Lends:and Lender's agents and represbntativec,may enter upon the Real Property at all reasonable times to
attend to Lender's interests an; to inspect the Real Property for purposi,:s of Grantor's compliance with the terms and conditions of
this Mortgage.
Subsequent Liens. Grantor she,'not allow any subsequent liens or mori,ages on all or any portion of the Property without the prior
written consent of Lender. ,
Compliance with Governments, Requirements. Grantor shad promptly -,omply with all laws, ordinances, and regulations, now or
hereafter in effect, of all gove;:,mental authorities applicable to the use rr occupancy of the Property. Grantor may contest in good
faith any such law,ordinance,'.r regulation and withhold compliance dur'ig any proceeding,including appropriate appeals,so long as
Grantor has notified Lender in ':lting prior to doing so and so long as,it-Lender's sole opinion, Lender's interests in the Property are
not jeopardized. Lender may rquire Grantor to post adequate security c. a surety bond,reasonably satisfactory to Lender,to protect
Lender's interest. '
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to
those acts set forth above in tis section,which from the character and .Ise of the Property are reasonably necessary to protect and
preserve the Property. ,
DUE ON SALE -CONSENT BY LEti"ER. Lender may,at Lender's option, declare immediately due and payable all sums secured by this
Mortgage upon the sale or transfer, without Lender's prior written consent, r;all or any part of the Real Property,or any interest in the
Real Property. A"sale or transfer"means the conveyance of Real Property or any right,title or interest in the Real Property;whether legal,
beneficial or equitable;whether vo;ritary or involuntary; whether by'outright-sale,deed, installment sale contract,land contract, contract
for deed, leasehold interest with a:'erm greater than three (3) veats, lease option contract, or by sale, assignment, or transfer of any
beneficial interest in or to any land'rust holding title to the Real Property,or'iy any other method of conveyance of an interest in the Real
1
OR 5309 PG 1810 1 6 A 1 6
MORTGAGE
Loan No: 85006658 (Continued) Page 3
-1.
Property. However,this option sha"not be exercised by Lender if such exercis>is prohibited by federal law or by Florida law.
TAXES AND LIENS. The following N ovisions relating to the taxes and liens on:he Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delini'ency) all taxes, payroll taxes, special taxes, assessments,
water charges and sewer serrice charges levied against or on account ref the Property, and shall pay when due all claims for work
done on or for services renderod or material furnished to the Property. 3rantor shall maintain the Property free of any liens having
priority over or equal to the int^_rest of Lender under this Mortgage,excel for those liens specifically agreed to in writing by Lender,
and except for the lien of taxes and assessments not due as further speci,isd in the Right to Contest paragraph.
Right to Contest. Grantor mar;withhold payment of any tax, assessme,'`, or claim in connection with a good faith dispute over the
obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment,
Grantor shall within fifteen(1';)days after the lien arises or, if a lien is`?'ed,within fifteen (15)days after Grantor has notice of the
filing, secure the discharge of'.e lien, or if requested by Lender, deper'with Lender cash or a sufficient corporate surety bond or
other security satisfactory to :.ander in an amount sufficient to discharg_ the lien plus any costs and reasonable attorneys'fees, or
other charges that could aeon.): as a result of a foreclosure or sale unc: r the lien. In any contest, Grantor shall defend itself and
Lender and shall satisfy any ac''erre judgment before enforcement against the Property. Grantor shall name Lender as an additional
obligee under any surety bond _,Wished in the contest .<e .in.
Evidence of Payment. Grantor shall upon dema of r sit bo_ -••t:,,9atl>j ;;Ipevidence of payment of the taxes or assessments and
shall authorize the appropriate c:vernmental de,,,te fiver to Len.e i ', a written statement of the taxes and assessments
against the Property. Cj4>>
Notice of Construction. Gran,o: shall otify ' nder at least fifteen (1') day befo any work is commenced, any services are
furnished,or any materials are supplied o th Ptppg�erty,if'ary mecJ an e. lien, m teria en's lien,or other lien could be asserted on
account of the work,services,c r mate ials.f'Grar er'Witlzupon -quest tS`'fender fu ish tp Lender advance assurances satisfactory to
Lender that Grantor can and wi' pay timp e cost of uc i :me ts. `
PROPERTY DAMAGE INSURANCE. "he f4)lowi r p •vi ;,� lain t. i rind .et "r •e y aria part of this Mortgage:
Maintenance of Insurance. '.rant.' sh I •>ocur ard }nal t=i •esle of fire{ fns rarce with standard extended coverage
endorsements on a replacemeet bas S'" s 4e- i ue e '•ve in•.,all Overrie.nts on the Real Property in an amount
sufficient to avoid application c.any gids ance clause, and wi a - -r;.tar. ortg blause in favor of Lender. Policies shall be
written by such insurance con-anies rn i such form as may be rear ablylacc to Lender. Grantor shall deliver to Lender
certificates of coverage from each in Ore\ontaining a stipulation t�, ov ra �Y not be cancelled or diminished without a
minimum of fifteen (15) days' ;mor writ - ce to Lender and not c my disclaimer of the insurer's liability for failure to
give such notice. Each insurn:�ee policy •.s' II include an endorse,:en oWfi»)�that coverage in favor of Lender will not be
impaired in any way by any ac',omission o f Grantor or any oth s n. he Real Property is or will be located in an area
designated by the Administrate'of the Feder- ierg, 1a., nagennaY. g§P1e as a special flood hazard area. Grantor agrees to
obtain and maintain Federal Flood Insurance, if a ab the)na thnlofint of Grantor's credit line and the full unpaid principal
balance of any prior liens on tl'.a property securing t do rap'cto th .' mum policy limits set under the National Flood Insurance
Program,or as otherwise required by Lender,and tc maintair,su insurer ce for the term of the loan.
Application of Proceeds. Gran:sr shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss
if Grantor fails to do so within teen(15)days of the casualty. Whether•r not Lender's security is impaired,Lender may,at Lender's
election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness,payment of
any lien affecting the Property,.er the restoration and repair cf the Proper y. If Lender elects to apply the proceeds to restoration and
repair,Grantor shall repair or replace the damaged or destroyed improvements in a manner satisfactory to Lender. Lender shall,upon
satisfactory proof of such expenditure, pay or reimburse Grantor from Vv. proceeds for the reasonable cost of repair or restoration if
Grantor is not in default under"ris Mortgage. Any proceeds wliiich hart not been disbursed within 180 days after their receipt arid
which Lender has not commit'_1to the repair or restoration of the Pro; :rty shall be used first to pay any amount owing to Lender
under this Mortgage, then to--:ay accrued interest, and the remainde, if any, shall be applied to the principal balance of the
Indebtedness. If Lender holds terry proceeds after payment in full of tf;'. Indebtedness, such proceeds shall be paid to Grantor as
Grantor's Interests may appear?
LENDER'S EXPENDITURES. If Grar.:•r fails (A) to keep the Property free o`all taxes, liens, security interests,encumbrances, and other
claims, (B) to provide any require;'insurance on the Property, or (C) to relike repairs to the Property then Lender may do so. If any
action or proceeding is commencect'Aat would materially affect Lender's interests in the Property,then Lender on Grantor's behalf may,
but is not required to,take any acti- that Lender believes to be appropriate tr. protect Lender's interests. All expenses incurred or paid by
Lender for such purposes will then;-rsr interest at the rate charged under the 'edit Agreement from the date incurred or paid by Lender to
the date of repayment by Grantor. I such expenses will become a part of th',- Indebtedness and,at Lender's option,will (A) be payable
on demand, (E) be added to th lalance of the Credit Agreement and b apportioned among and be payable with any installment
payments to become due during ectier (1) the term of any applicable a .urance policy; or (2) the remaining term of the Credit
Agreement;or (C) be treated as a'elloon payment which will be due and pa_'ble at the Credit Agreement's maturity. The Mortgage also
will secure payment of these amours. The rights provided for in this paragr "t shall be in addition to any other rights or any remedies to
which Lender may be entitled on ac.ount of any default. Any such action bl,c-ender shall not be construed as curing the default so as to
bar Lender from any remedy that it':.`nerwise would hove had. ,
WARRANTY;DEFENSE OF TITLE. T.ie following provisions relating to owners'.'p of the Property are a part of this Mortgage:
Title. Grantor warrants that: 'it') Grantor holds good arid marketable title of record to the Property in fee simple,free and clear of all
liens and encumbrances other :;an those set forth in the Real Property r Ccription or in any title Insurance policy,title report,or final
r
,f
•
OR 5309 PG 1811
1 6 A 1 6
t' r,
t MORTGAGEE
Loan No: 85006658 (Continued', Page 4
r
title opiriion issued in favor of,'':nd accepted by, Lender in connection w"h this Mortgage,and (b)Grantor has the full right, power,
and authority to execute and delver this Mortgage to Lender. e•
Defense of Title. Subject tot a exception in the paragraph above, Grar.:r warrants and will forever defend the title to the Property
against the lawful claims of*persons. In the event any action or prr,seeding is commenced that questions Grantor's title or the
interest of Lender under this fe rirtgage, Grantor shall defend the action et Grantor's expense. Grantor may be the nominal party in
such proceeding, but Lender ell be entitled to participate in the proceeding and to be represented In the proceeding by counsel of
Lender's own choice,and Grantor will deliver,or cause to be delivered,t; Lender such instruments as Lender may request from time
to time to permit such participe'on.
Compliance With Laws. Gra ei3r warrants that the Property and GranL*'s use of the Property complies with all existing applicable
laws,ordinances,and regulaticr;of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantc, has made in this Mortgage shall survive the execution and
delivery of this Mortgage, stir'I be ccntinuing in rature and shall re: sin in full force and effect until such time as Grantor's
Indebtedness is paid in full.
CONDEMNATION. The following pre eisions relating to sondem ' ger:..gs are a part of this Mortgage:
Proceedings. If any proceeding: in condemnation ' Q ;,r t s a ao� •tly notify Lender in writing, and Grantor shall promptly
take such steps as may be r:cessary to de ells{t c>;io—� le,,e ard. Grantor may be the nominal party in such
proceeding; but Lender shall be entitled to p i pts-Kthe proceeding z. o.- resented in the proceeding by counsel of its own
choice, and Grantor will deliver or cause o(,e livered to Lender sue , in r+,li'te s and documentation as may be requested by
Larder from time to time to pe-tit such artici tion.
Application of Net Proceeds. ell or y pa oftgee Vropertsrte orrdelreed bye Anent omain proceedings or by any proceeding or j
purchase in lieu of condemnat,7-1, Len er m y at its elec n:-..'re that E.;or any p••rtion f the net proceeds of the award be applied
to the Indebtedness or the rep; or re tore o• .see,: P •e- e e a and shall mean the award after payment of
all reasonable costs,expenses,and attom.. 'fes ur • )y e .71 n e t ith t e condemnation.
IMPOSITION OF TAXES, FEES AN. CHA�GE- BY GOV R 4T•L 'r - 31` S T e fol wing provisions relating to governmental
taxes,fees and charges are a part ,;tis dile •-: h
Current Taxes, Fees and Char.•s. U r uest by Lender,Grantor es: exe ute tAc ocuments in addition to this Mortgage and
take whatever other action is requeste tee'L nder to perfect and Contin,y,.Len er's i the Real Property. Grantor shall reimburse
Lender for all taxes, as descrreed belo ther with all expenses . :- e• i r ring, perfecting or continuing this Mortgage,
including without limitation all ietangible til I property taxes, documn-• Pre xes,fees, and other charges for recording or
registering this Mortgage. -
Taxes. The following shall con-eitute taxes to Jen Le, ction ae1},�e ecific tax,including without limitation an intangible
personal property tax, upon tl'a type of Mortga ego uj-qr>)-all fin,-p f yf-Oflhe Indebtedness secured by this Mortgage; (2) a
specific tax on Grantor which ;-antor is authorized or i etl d tr,6m payments on the Indebtedness secured by this type of
Mortgage; (3) a tax on this :'pe of Mortgage chargeable a4 ns the. ender or the holder of the Credit Agreement; and (4) a
specific tax on all or any portioa of the Indebtedness or on payments of pa'cipal and interest made by Grantor.
Subsequent Taxes. If any tax ''e which this section applies i;enacted se 7sequent to the date of this Mortgage,this event shall have
the same effect as an Event :f Default, and Lender may exercise any er all of its available remedies for an Event of Default as
provided below unless Grantor.°ther (1) pays the tax before it becomes-elinquent,or (2) contests the tax as provided above in the
Taxes and Liens section and deposits with Lender cash or a sufficient cor,rate surety bond or other security satisfactory to Lender. I
SECURITY AGREEMENT;FINANCIN ' STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part
of this Mortgage: , ,
Security Agreement. This ins'r&,ient shall constitute a Security Agreem•et to the extent any of the Property constitutes fixtures,and
Lender shall have all of the righr s of a secured party under the Uniform C •:rmercial Code 2s emended from time to time. •
Security Interest. Upon requee":ry Lender,Grantor shall take whatever a'eon is requested by Lender to perfect and continue Lender's
security interest in the Person•7roperty. In addition tp recording this Mrigage in the real property records. Lender may,at any time
and witnout further authorizati.n from Grantor, file execute, counterpee,>, copies or reproductions of this Mortgage as a financing
statement. Grantor shall reim':rse Lender for all expenses :recurred in ;effecting or continuing this security interest. Upon default,
Grantor shall not remove,sever or detach the Personal Property from the -roperty. Upon default,Grantor shall assemble any Personal
Property not affixed to the Prc"arty in a manner and at a place reasonat convenient to Grantor and Lender and make it available to
Lender within three(3)days a^..r receipt of written demand from Lender o the extent permitted by applicable law,
Addresses. The mailing addra-ses of Grantor(debtor) and Lender(sereeed party)from which information concerning the security I
interest granted by this Mortgr..ce may be obtained(each as required by';e.Uniform Commercial Code)are as stated on the first page
of this Mortgage.
FURTHER ASSURANCES;ATTORN(-IN-FACT. The following provisions rely,:;ng to further assurances and attorney-in-fact are a part of
this Mortgage:
Further Assurances. At any tirt,,and from time to time,upcn request o,_ender,Grantor will make,execute and deliver,or will cause
to be made, executed or deli'f'ad,to Lender or to Lender's designee, ;.,d when requested by Lender,cause to be filed, recorded,
refiled,or rerecorded,as the ceee may be,at such times and in such off'es and places as Lander may deem appropriate,any and all
such mortgages, deeds of true,. security deeds, security agreements,fie:%ncing statements, continuation statements, instruments of
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OR 5309 PG 1812 ,
16A16
c MORTGAGE
Loan No: 85006658 (Continued; Page 5
e,
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lurther assurance, certificates;'and other documents as may, in the sc't opinion of Lender, be necessary or desirable in order to
effectuate, complete,perfect, eintinue, or preserve (1) Grantor's obli ;tions under the Credit Agreement,this Mortgage, and the
Related Documents, and (2) t' the liens and security interests createci'by this Mortgage as first and prior liens on the Property,
whether now owned or hereatee-acquired by Grantor. Unleos prohibiter"by law or Lender agrees to the contrary in writing,Grantor
shall reimburse Lender for all casts and expenses incurred in connection t1 t..h the matters referred to in this paragraph.
Attorney-in-Fact. If Grantor far,;to do any of the things referred to in thct creceding paragraph,Lender may do so for and in the name
of Grantor and at Grantor's exeense. For such purposes,Grantor hereby'..revocably appoints Lender as Grantor's attorney-in-fact for
the purpose of making,execut-g,delivering,filing,recording,and doing ell other things as may be necessary or desirable,in Lender's
sole opinion,to accomplish the:;tatters referred to in the preceding paraOph.
FULL PERFORMANCE. If Grantor peys all the Indebtedness when due,termir,rtes the credit line account, and otherwise performs all the
obligations imposed upon Grantor utter this Mortgage,Lender shall execute a id deliver to Grantor a suitable satisfaction of this Mortgage
and suitable statements of termire..on of any financing statement on file 'videncing Lender'e security interest in the Rents and the
Personal Property. Grantor will pa;, if permitted by applicable law, any real'table termination fee as determined by Lender from time to
time.
EVENTS OF DEFAULT. Grantor wit 'c in default under this 0. •_.e yn o,the following happen: (A) Grantor commits fraud or makes
a material misrepresentation at any 'me in connection , .' ` •dii, r This can include,for example,a false statement about
Grantor's income,assets,liabilities, -r any other as.•. .,e) - f tion. (B) Grantor does not meet the repayment terms
of the Credit Agreement. (C) Gr;.tors action >r It, fadversely affects""�,,Al-1 ral or Lender's rights in the collateral. This can
include, for example, failure to ma'-tain requir.d ins .nce, waste or destreaivP .Wee the dwelling, failure to pay taxes, death of all
persons liable on the account,transree of title •r sa: of the dwelling,creation:f a s• for li on the dwelling without Lender's permission,
foreclosure by the holder of another'on,or e us: o un s or eUl o•prohibi =d pu oses.
RIGHTS AND REMEDIES ON DEFAI T. U••n th- occurrence .f e ent of:3fault and :t an time thereafter,Lender,at Lender's option,
may exercise any one or more of th :ollotating r=7 rer •-•e-sei -. t'' . righ s or remedies provided by law:
Accelerate Indebtedness. Lei er s all hL'e he •"ht -t s\.. ) '.',i. . cel to rantor to declare the entire Indebtedness
immediately due and payable,:-;ludi anw* .re ay :nt .en'Ityh it. .n,.r • d bei rrqu red to pay.
UCC Remedies. With respect a all r.ad p the •e 1al• a-rty, L - --hill a e all the rights and remedies of a secured
party under the Uniform Comma-cial e: /
Appoint Receiver. Lender shall lave th to have a receiver appo' .to ak ,ession of all or any part of the Property,with
the power to protect and preserve the to operate the Prope ,' cidi g. u�losure or sale, and to collect the Rents from
the Property and apply the preeeeds,ove a ve the cost of the rec ve Inst the Indebtedness. The receiver may serve
without bond if permitted by ir.r�,. Lender's g 1 appointment of a r ' s II exist whether or not the apparent value of the
Property exceeds the Indebterin sss by a subs � Er pigl ymdilt ' der shall not disqualify a person from serving as a
receiver. }1 g}
Judicial Foreclosure. Lender ,y obtain a judicial decree aclose -Tr
r' r lor's interest in all or any part of the Property.
Deficiency Judgment. If perm?'ad by applicable law,Lender may obtain ;judgment for any deficiency remaining in the Indebtedness
due to Lender after application of all amounts received from the exercise .f the rights provided in this section.
Tenancy at Sufferance. If Gr^'ttor remains in possession of the Prope::; after the Property is sold as provided above or Lender
otherwise becomes entitled tc eossession of the Property upon default 5f Grantor, Grantor shall become a tenant at sufferance of
Lender or the purchaser of the-';operty and shall,at Lender's option,either (1) pay a reasonable rental for the use of the Property,or
(2) vacate the Property immedjately upon the demand of Lender.
Other Remedies. Lender shall eve all other rights and remedies provides•n this Mortgage or the Credit Agreement cr available at law
or in equity. :
Sale of the Property. To the :extent permitted by applicable law, Gre `or hereby waives any and all right to have the Property
marshalled. in exercising its tig`ts and remedies,Lender shall be free tc:ell all or any part of the Property together or separately.in
one sale or by separate sales. under shall be entitled to bid at any pubii..sale on all or any portion of the Property.
Notice of Sale. Lender will giv' Grantor reasonable notice o;the time art place of any public sale of the Personal Property or of the
time after which any private sa'e or other intended disposition of the Pereonal Property is to be made. Reasonable notice shall mean
notice given at least ten (10) gays before the time of the tale or dispeLsition. Any sale of the Personal Property may be made in
conjunction with any sale of tt-;,Real Property. .
Election of Remedies. All of Lf'der's rights and remedies wi l be cumuL'the and may be exercised alone or together. An election by
Lender to choose any one rer'-Ldy will rot bar Lender from using any oth;,r remedy. If Lender decides to spend money or to perform
any oGrantor's obligations ur es this Mortgage,after Grant o's failure t..do so,that decision by Lender will not affect Lender's right
to declare Grantor in default a' to exercise Lender's remedies.
Attorneys' Fees; Expenses. ':'Lender institutes any suit or action to •;
force any of the terms of this Mortgage, Lender shall be
entitled to recover such sum :he court may adjudge reaso,able as att: lays'fees at trial and upon any appeal. Whether or not any
court action is involved, and V the extent not prohibited by law,all rear unable expenses Lender incurs that in Lender's opinion are
necessary at any time for the ee.Dtection of its interest or the enforcemen?of its rights shall become a part of the Indebtedness payable
on demand and shall bear into.est at the Credit Agreement rate from thy.date of the expenditure until repaid. Expenses covered oy
this paragraph include,without.Imitation,however subject to any limits:';der applicable law, Lender's reasonable attorneys'fees and
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OR 5309 PG 1813 1 6 A 1 6
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MORTGAGE
Loan No: 85006658 (Continued' Page 6
II.Lender's legal expenses, whe„her or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy
proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment
collection services, the cost ef searching records, obtaining title repots (including foreclosure reports), surveyors' reports, and
appraisal fees and title InsuranS.a,to the extent permitted by applicable raw. Grantor also will pay any court costs, in addition to all
other sums provided by law.
NOTICES. Any notice required to ee given under this Mortgage, including wVViout limitation any notice of default and any notice of sale
shall be given in writing,and shall!'y.effective when actually delivered,when,actually received by telefacsimile(unless otherwise required
by law), when deposited with a na'enally recognized overnight ;ourier, or, i mailed, when deposited in the United States mail, as first
class,certified or registered mail postage prepaid,directed to the addresses.''.own near the beginning of this Mortgage. Any person may
change his or her address for notices under this Mortgage by giving writteer'notice to the other person or persons, specifying that the
purpose of the notice is to change the person's address. For notice purpo-•tis, Grantor agrees to keep Lender informed at all times of
Grantor's current address. Unless' '•.erwise provided or required by law, if t•:re is more than one Grantor,any notice given by Lender to
any Grantor is deemed to be notice:e'en to all Grantors. It will be Grantor's s'.sponsibility to tell the others of the notice from Lender.
FUTURE ADVANCE PROVISION.TF'-: Mortgage shall secure not only existing ndebtedness,but also such future advances, whether such
advances are obligatory or to be ma:'"at the option of Mortgagee,as are_tgad' within twenty(20)years from the date hereof,to the same
extent as if such future advances .'ere made on the date"" -iti a rotes this Mortgage, but such secured indebtedness shall not
exceed at any time the maximum r.;incipai amount f. s� r Note, plus interest thereon, and any disbursements
made for the payment of taxes, let.:3s, or insure `tet or:gaged •e:i interest on such disbursements. Any such future
advances,whether obligatory or to made at eNti of the Mortgagee, :.'.ct may be made either prior to or after the date of
the Note or any other notes secure_'^y this Pit rto . All covenants and ar:aeme s co ined in this Mortgage shall be applicable to all
further advances made by Mortgage,to Mo agor rlderthis4u ure advance cause.
MISCELLANEOUS PROVISIONS. Tr is,folio ngn}tscell t6 b •rovi•' art? of the Mo age:
Amendments. What is writter. 'n thi Mo.rtglag i P. ,lla-. 1• ' .- i .e.nto 1 entire agreement with Lender concerning
matters covered by this M,rtgag . T. •e ffe e,an rfta • . ;.).i• • ' t. this Mortgage must be in writing and must be
signed by whcever will be boure or o ligat.d b the .ha ge ,r ••:1.
Caption Headings. Caption headings rl1P)i ,o'•.re r o. -C;;,nc>.p •• -s • . id are not to be used to interpret or define
the provisions of this Mortgage.
Governing Law. This Mortgage will be ed by federal law applica. to -nd f aqd to the extent not preempted by federal law,
the laws of the State of Florida withou 're a to its conflicts of lawn"
io s. ,ortgage has been accepted by Lender in the
State of Florida. \-
Choice of Venue. If there is a lawsuit, Gr qtctript, s upon Lender's me (t Nbmlt to the jurisdiction of the courts of COLLIER
County, State of Florida. ., 7 __•�_a\-) '
Joint and Several Liability. All;�hligations of Gran nde_:•is et_g2 be joint and several,and all references to Grantor shall
mean each and every Grantor. :This means that each GG or ignuag�_v is responsible for all obligations in this Mortgage.
No Waiver by Lender. Grantor inderstands Lender will not rive up any c'Lender's rights under this Mortgage unless Lender does so
in writing. The fact that Lend;-delays or omits to exercise any right wil',.rot mean that Lender has given up that right. If Lender does
agree in writing to give up one,r Lender's rights,that does not mean Gr etor will not have to comply with the other provisions of this
Mortgage. Grantor also under:.tands that if Lender does cor.sent to a rcequest,that does not mean that Grantor will not have to get
Lender's consent again if the s::iration happens again. Grant sr further understands that just because Lender consents to one or more
of Grantor's requests, that de-ea not mean Lender wilt be required to cc isent to any of Grantor's future requests. Grantor waives
presentment,demand for paymeet,protest,and notice of dishonor. ,
Severability. If a court finds t`• any provision of this Mortgzoe is not ye.1 or should not be enforced,that fact by itself will not mean
that the rest of this Mortgage'?':I not be valid or enforced. Therefore,a :ourt will enforce the rest of the provisions of this Mortgage
even if a provision of this Mori,ge may be found to be invalid or unenfor Viable.
Merger. 'there shall be no me.er of the interest or estate created by te's Mortgage with any other interest or estate in the Property
at any time held by or for the Ie.Befit of Lender in any capacity,without ti a written consent of Lender.
Successors and Assigns. Sut'set to any limitations stated in this Mortcoe on transfer of Grantor's interest, this Mortgage shall be
binding upon and inure to the'enefit of the parties,their successors an' 'assigns. If ownership of the Property becomes vested in a
person other than Grantor,Lem'_r,without notice to Grantor,may deai v',.h Grantor's successors with reference to this Mortgage and
the Indebtedness by way of fo;-aarance or extension withou'releasing r2,'antor from the obligations of this Mortgage or liability under
the Indebtedness.
Time is of the Essence. Time it.of the essence in the performance of thi Mortgage.
•
Waive Jury. All parties to this'lfortgage hereby waive the right to any ji ry trial In any action,proceeding,or counterclaim brought by
any party against any other pa-;r. e
DEFINITIONS. The following word:.shall have the following meanings when cited in this Mortgage:
Borrower. The word"Borrowe''means HERMANN KOPPER and MARIA=.KOPPER and includes all co-signers and co-makers signing
the Credit Agreement and all ft it successors and assigns.
aF
Credit Agreement. The word% "Credit Agreement" mean The credit n"eement dated August 25, 2016, with credit limit of
n
OR 5309 PG 1814 t
16A16
MORTGAGE
Loan No: 85006658 (Continued"' Page 7
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$100,000.00 from Grantor q Lender,together with all re,ewals of, a 3ensions of,modifications of, refinancings of,consolidations
of, and substitutions for the pmissory note or agreement. The final rt,aturity date of the Credit Agreement is August 25, 2041.
NOTICE TO GRANTOR: THE G''.EDIT AGREEMENT CONTAINS A VARIAEr..E INTEREST RATE.
Environmental Laws. The worry"Environmental Laws"mean any and a'.state,federal and local statutes, regulations and ordinances
relating to the protection of`.iuman health or the environment, incli ding without limitation the Comprehensive Environmental
Response, Compensation, and"Liability Act of 1980, as amended, 42 'J,S.C. Section 9601, et seq. ("CERCLA"), the Superfund
Amendments and Reauthorization Act of 1986,Pub.L.No.93-499("SA:'A"),the Hazardous Materials Transportation Act,49 U.S.C.
Section 1801, et seq., the Resource Conservation and Recovery Act, 44 U.S.C. Section 6901, et seq.,or other applicable state or
federal laws,rules,or regulatio, adopted pursuant thereto.
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Event of Default. The words"Event of Default"mean any of the events of default set forth in this Mortgage in the events of default
section of this Mortgage.
Grantor. The word"Grantor"neans HERMANN KOPPER and MARIA E. )PPER.
Hazardous Substances. The words "Hazardous Substances" mean r aterials that, because of their quantity, concentration or
physical,chemical or infectious characteristics, may cause„or-pose-a_p_Trient or potential hazard to human health or the environment
when improperly used, treate-1, stored, disposed tge�r��i t Lured, transported or otherwise handled. The words
"Hazardous Substances" are "rsed in their val.., Blest `avf I' r} without limitation any and all hazardous or toxic
substances, materials or was: as defined)I under the '' fn-• Laws. The term "Hazardous Substances' also
includes,without limitation,pe':oleum and et •i• by-products or any.'a ••n.be of and asbestos.
Improvements. The word"Imp avemen me..s all existing and future i'nprov- ents,buildings,structures,mobile homes affixed on
the Real Property,facilities,adcilons,r place eR-S.an o rier-constcoc ieit on the 'eel operty.
Indebtedness. The word "Ind<-5tedn ss" eans all pnnfip i, terest, 'Id other mouhts, costs and expenses payable under the
Credit Agreement or Related ',ocu ents, f r,...--,.. • - . ..r.3:-.'..ns ', modifications of, consolidations of and
substitutions for the Credit k.',eem nt o R ate o u n : .J:m. . . •xpe ed or advanced by Lender to discharge
Grantor's obligations or expersr.s In rred y endo to en c •, • • ; .tlig: ion and r this Mortgage,together with Interest on
such amounts as provided in ti's Mo / `"�
lr J
Lender. The word"Lender"means Fi I•nda ntegrity Bank,its su ors .nd a tals The words"successors or assigns"mean
any person or tympany that ac:•uires a t-rest in the Cred't Agreem
Mortgage. The word"Mortgag'':"mea4tt s .ortgage between Granto-TO nderC),
Personal Property. The won': "Persona l f op.. •" mean all equipmer','i E nd other articles of personal property now or
hereafter owned by Grantor, r-i now or h e ached or affixed tc deal roperty;together with Ell accessions, parts, and
additions to, all replacements ', and all sub s„.„ -o o eh"1-i (op and together with all proceeds (including without
limitation all insurance proceeC:and refunds of p, andrr f i?m,anri?jr"�MSer disposition of the Property. However,because the
s'.
Real Property is or will be looed in an area design -thb-A l-yr ator of the Federal Emergency Management Agency as a
special flood hazard area,Per:. 'at Property is limited to only ose items specifically covered(currently or hereafter)by Coverage A of
the standard flood insurance licy issued in accordance with the Nati,nal Flood Insurance Program or under equivalent coverage
similarly issued by a private ins ser to satisfy the National Flood Insurance Act(as amended).
Property. The word"Property"means collectively the Real Property and f'.e Personal Property.
Real Property. The words"Real Property"mean the real property,interes's and rights,as further described in this Mortgage.
Related Documents. The words"Related Documents"mean all promissory notes,credit agreements,loan agreements,environmental
agreements, guaranties, secs ty agreements, mortgages, deOds of '-ist, security deeds, collateral mortgages, and all other
instruments,agreements and d::uments,whether now or hereafter existing,executed in connection witn the Indebtedness.
Rents. The word"Rents"mea".s all present and future rentc, revenues income, issues,royalties,profits,and other benefits derived
from the Property. 'titi
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** OR 5309 PG 1315 ***
16A16
MORTGAGE„
Loan No: 85006658 (Continued) Page 8
EACH GRANTOR ACKNOWLEDGES RAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND EACH GRANTOR AGREES TO ITS
TERMS.
/ .
GRANTOR:
X -
HERMA 171'•PPER
,,X-',';?1/,'1,Cw K9 SGL.
• ARIA E.KOPPER
THE 7. R. Cori
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Fr;rces MFndez .. / yr
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I 11T 1
IN e I IOU,. .C , a of :NT I
nt i
STATE OF1 O I(// r ) 4 21
COUNTY OF C D //)l ) i(
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- )SS L)
The foregoing instrument was actin_mledged before�j hi - `'`day of 20
b HERMANN KOPPER and MARIA L-.KOPPER,as Husbar .. f:, . s- sonally known to me or whh' ee produced"/V CT-
� C as identi.i.:ation.
"" tu. of Person Taking Actino edgment
Frarccs
_ MYCOAIMIS:'�N4FF91513t (Name c AcCnowledger Typed,Printed or S ed)
• ` EXPIRES:Se Member 2,2019
2jj •' BondedThr�lkY. Pubic Ur em*e (Title or .ank)
(Serial I`'•amber,if any)
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LaserPro,Ver. 15.5.20.036 Copr. �H USA Corporation 1997,2016. Ali'.ights Reserved. -FL C:\CFI\LPL\G03.FC TR-2550 PR-90
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