Utilities Easement SubordinationINSTR 4697313 OR 4799 PG 3079
Prepared by: RECORDED 5/23/2012 1:07 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT G
Nicole Swartz, Esq. COLLIER COUNTY FLORIDA
WCI Communities REC $27.00
24301 Walden Center Dr.
Bonita Springs, FL 34134
Form 4 - Rev. 2004 (Utilities Facilities and /or Utilities Easement(s) Subordination)
UTILITY FACILITIES AND /OR UTILITIES EASEMENT(S) SUBORDINATION
THIS SUBORDINATION is dated this IS day of �refered 2011, by
WILMINGTON TRUST, FSB as Collateral Agent (Hereinaft to as the
"Secured Party "), in favor of the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER
COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter
referred to as "County "). Secured Party as used herein includes singular or plural, as
the context allows.
WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's
Security Interests that encumber good, marketable title to the real and personal
property that is the subject of the foregoing Utility Facilities Warranty Deed and Bill
of Sale to which this Subordination is attached (the "Deed "), whereby the encumbered
utility facilities (the "Encumbered Utility Facilities ") and/or the related utility
easement(s) (the "Utility Easements "; the Encumbered Utility Facilities and the Utility
Easements, collectively, the "Encumbered Property ") are being conveyed to Collier
County, which Encumbered Utility Facilities are located over, on and /or under the
underlying real property legally described in Exhibit "A" attached hereto and
incorporated herein that is encumbered by security interests in favor of the Secured
Party as specified in the below - listed security instruments; and
WHEREAS, the Secured Party is the owner and holder of that certain Multistate
Mortgage, Assignment of Leases and Rents, Security Agreement, and Fixture Filing
executed by WCI COMMUNITIES, LLC ( "Mortgagor "), in favor of Secured Party, as
Collateral Agent ( "Mortgagee "), dated September 3, 2009 and recorded on September
9, 2009 in Official Records Book 4490, Page 724, Instrument #4339700 in the Official
Public Records of Collier County, Florida (the "Mortgage "); and
WHEREAS, the Secured Party is also the owner and holder of a Financing Statement,
recorded at O.R. Book 4490, Page 1057, et seq., Instrument #4339701 in the Official
Public Records of Collier County, Florida (the "UCC "; the Mortgage and the UCC,
individually and collectively, the "Security Instrument "); and
WHEREAS, each above - referenced Security Instrument grants to this Secured Party a
security interest that encumbers good and marketable title to the Encumbered Property
being conveyed to Collier County, the Encumbered Utility Facilities having been
constructed within the Utility Easements, and are under, on and/or over the underlying
real property; and
WHEREAS, prerequisite to the conveyance of the Encumbered Property to the
County, Collier County requires that this Secured Party must subordinate only its
Security Interests in (i) the Encumbered Utility Facilities being conveyed to the
County and (ii) each related Utility Easement(s), if any, being conveyed to the County;
and the Secured Party is hereby complying with said request for these
subordination(s).
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged by the
Secured Party, the Secured Party hereby consents to the conveyance pursuant to the
Deed and subordinates its security interests in the Encumbered Utility Facilities being
conveyed to Collier County, and /or to each Utility Easement(s), if any, being conveyed
to the County, which Encumbered Utility Facilities are located over, on and /under the
described underlying real property. Except as expressly subordinated herein, the
Secured interests of the Mortgagee remain in full force and effect.
IN WITNESS WHEREOF, the Secured Party has caused this Subordination to be
executed the date and year first above written.
Witnessed by: WILMINGTON TRUST, FSB, as
4�� la�-
STATE OF NEW YORK
COUNTY OF NEW YORK
Collateral Agent under Mortgage
By:
Name: Boris Treyger
Title: Vice President
I HEREBY CERTIFY that on this 14 day off 1or�r� , 2011, before me, an
officer duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared Boris Treyger, as Vice President of Wilmington Trust FSB, as
Collateral Agent under the Mortgage, and that such officer acknowledged executing
this Consent of Mortgagee and executing the same for the purposes therein expressed in
the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in such officer by such bank on behalf of such bank. Such person is personally
known to me and did take an oath.
WITNESS my hand and official seal in t unty and State 1 t aforesaid
this 1S- day of [,r,c� , 2011.
F N ry Public of New York I
Print Name: 55'(12- Y►�
My Commission Expires: ci —
[Notary Seal] ELIZABETH WILMS
01/2005 Notary Public - State of New York
No. 01W16210977
Qualified in Kings County
My Comrnssion Expires September 8. 2013
Exhibit "A"
LEGAL DESCRIPTION
Tract "A ", MANCHESTER SQUARE, according to the plat thereof recorded at Plat
Book 47, pages 20 -22, inclusive, the Public Records of Collier County, Florida, and
Tract "A ", MANCHESTER SQUARE UNIT 1, according to the plat thereof recorded
at Plat Book 48 page 74, the Public Records of Collier County, Florida.
Folio #s:
56452000026
56452002723