Loading...
Utilities Easement Subordinationr norm 4 - Rev. 2004 (Utilities Facilities and /or Utilities Easement(s) Subordination) INSTR 4697310 OR 4799 PG 3066 RECORDED 5/23/2012 1:03 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 UTILITY FACILITIES AND /OR UTILITIES EASEMENT(S) SUBORDINATION THIS SUBORDINATION is dated this 20 - day of March, 2012, by BANK OF AMERICA, N.A., as Agent (hereinafter referred to as the "Secured Party "), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"), Secured Party as used herein includes singular or plural, as the context allows. WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's Security Interests that encumber good, marketable title to the Encumbered Utility Facilities and/or the related Utility Easement(s) being conveyed to Collier County, which Utility Facilities are located over, on and/or under the underlying real property that is encumbered by security interests in favor of the Secured Party as specified in the below - listed security instruments; and WHEREAS, the Secured Party is the owner and holder of an Amended and Restated Real Estate Mortgage, Assignment and Security Agreement (and Notice of Future Advance) to Florida Residential Funding, LLC, dated June 29, 2011, and recorded at O.R. Book 4697, Page 1382, as assigned to Secured Party, as Agent, by that certain Assignment of Mortgage and Other Loan Documents, dated as of June 29, 2011, and recorded at O.R. Book 4697, Page 1404, and as modified by that certain Mortgage Modification Agreement and Notice of Future Advance, dated November 18, 2011, and recorded at O.R. Book 4739, Page 2236, all of the Public Records of Collier County; and WHEREAS, the Secured Party is also the owner and holder of a UCC -1, recorded at O.R. Book 4697, Page 1407, Public Records of Collier County; and WHEREAS, the Secured Party is also the owner and holder of a UCC -1 filed with Florida Secured Transaction Registry on July 7, 2011 under Document Number 201104912382; and WHEREAS, each above - referenced Security Instrument grants to this Secured Party a security interest that encumbers good and marketable title to the Encumbered Utility Facilities being conveyed to Collier County, and /or encumbers the related Utility Easement(s), if any, also being conveyed to Collier County, which Utility Facilities have been constructed within such easement(s) and are under, on and/or over the underlying real property; and WHEREAS, prerequisite to the conveyance of the Utility Facilities and/or related Utility Easements, if any, being conveyed to the County, Collier County requires that this Secured Party must subordinate only its Security Interests in (i) the Encumbered Utility Facilities being conveyed to the County and (ii) each related Utility Easement(s), if any, being conveyed to the County; and the Secured Party is hereby complying with said request for these subordination(s). NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Parry hereby subordinates its security interests in the Encumbered Utility Facilities being conveyed to Collier County, and/or to each Utility Easement(s), if any, being conveyed to the County, which encumbered Utility Facilities are located over, on and/under the described underlying real property. Except as expressly subordinated herein, the Secured interests of the Secured Party remain in full force and effect. IN WITNESS WHEREOF, the Secured Party has caused this Subordination to be executed the date and year first above written. rr i IUM U ilcuiic wi'�' k�K—qj�- Witness - SIgii6ture Witness - Printed Name STATE OF FLORIDA COUNTY OF BROWARD BANK OF AMERICA, N.A., a ational banking association, as By: William Campano, or Vice President The foregoing instrument was acknowledged before me this .30� day of March, 2012, by William Campano, as Senior Vice President of Bank of America, N.A., a national banking association, on behalf of the Bank, as Agent. Personally known L/ or produced identification . Type of identification produced: (Affix no �11I 4ii MY COMMISS� N613 EXPIRES: June 27, 2012 Prepared by: G.L. Homes 1600 Sawgrass Corporate Parkway, Suite 400 Sunrise, Florida 33323 Attn: Steven M. Hclfman, Esq. No-fdry Pu is My Commission Expires: GI Z3 (12 Notary Printed Name ANOM its to form & legal SuffitIONy Assistant County Attorney „sry � � £.- 2 � • Val �T �