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Okeechobee Lake Corporation - Case #200423009 - SatisfiedOfficial Records File#2020009859 page(sy, Sharon Robertson Clerk of the Circuit Court & Comptroller Okeechobee, FL Recorded 10/13/2020 11:45 AM Fees: RECORDING $10.00 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Eighteen Hundred Dollars & 00/100 ($1,800.00) filed by and on behalf of the Code Enforcement Board, Okeechobee, Florida, on June 9 , 2020 , Official Records File #2020005713, of the public records of Okeechobee County, Florida against the following described real property: Case: Case: 200423009 Name: Okeechobee Lake Corporation /La Granja Address: 1100 South Parrott Avenue Lot: 1,2,3,7,8 and 9 Blk: 16 Less the West 15 Feet of Lots7,8 and 9 Section: South Okeechobee Parcel: 3-21-3 7-3 5-0040-00160- 0010 has been satisfied by payment in full of $ Eighteen Hundred Dollars & 00/100 , on October 8 , 2020 , in that said payment has been received by the City of Okeechobee, and that the undersigned is authorized to and does hereby release its lien as to the whole of the above described real property, and consents that the same be discharged of record. CODE ENFORCEMENT SPECIAL MAGISTRATE OF HE CITY OF OKEECHOBEE, LORID Chairperson _._ M Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY, appeared before me the undersigned authority, Roger Azcona , and Melissa Close , well known to me and known by me to be the Special Magistrate and Recording Secretary, respectively, for the CITY OF OKEECHOBEE CODE ENFORCEMENT. The Foregoing instrument was acknowledged before me by x physical presence or online notarization, this 8th day of, October Year 2020 �ti SWORN TO AND SUBSCRIBED before me thisIS day of L2L,JCj�—r , 20A). Notary P Ilc 0", Notary Public State of Florida My Commission Exp' Nancy sue Christopher My Commission GG 969799 oiof Expires 04/13/2024 Please return to: City of Okeechobee, 55 SE 3`d Avenue, Okeechobee, FL 34974 CODE ENFORCEMENT SPECIAL MAGISTRATE THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 200423009 CITY OF OKEECHOBEE, -vs- PETITIONER, RESPONDENT, Okeechobee Lake Corporation / LIEN / ORDER THIS CAUSE came before the Special Magistrate, City of Okeechobee, for public hearing on June 9, 2020. After due notice to the respondent, the Special Magistrate having heard evidence on the alleged violation by witnesses or affidavit makes the following findings: A. FINDINGS OF FACT: Lots: 1,2,3,7,8 and 9 Blk: 16 Less the West 15 feet of Lots 7,8 and 9 Section: South Okeechobee Plat Book: 5 Page: 7, Public Records of Okeechobee County, Florida Parcel: 3-21-37-35-0040-00160-0010 Property location: 1100 South Parrott Avenue Property owner: Okeechobee Lake Corporation B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of. Chapter 30 Section 30-43 Public Nuisance and Section 30-44 General Cleaning and Beautification: Grass on The Property Needs to be Mowed, Debris Needs to be Removed and the Grease Hole in the Back of the Property Needs to be Covered. C. ORDER: The City of Okeechobee Code Enforcement Special Magistrate has determined you have violated the Code of Ordinances Ch 30 Sec 30-43 and 30-44 concerning your property located at 100 South Parrott Avenue. If you do not correct the violation Within 7 Days After Proper Notification, the Grease Hole Needs to be Covered. If not Covered within Time Frame a $50.00 per day fine will be Imposed. The Whole Property has 30 days After Proper Notification to Comply, if Not after 30 days a Fine of $25.00 per day. After the 30 Days if Property is not in compliance a $75.00 per day Fine will be Imposed, or notify the Code Enforcement Officer of the correction, the Magistrate imposes a fine of $ See Above per day, Also a onetime fee of $50.00 for administrative fees, commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. AGREED AND ORDERED this 9!` day of June 2020. CITY OF OKEECHOBEE, Petitioner Okeechobee Lake Corporation Respondent CODE ENFORCEMENT City of OkeechoJaee, Florida S ATTEST: Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE The following instrument was acknowledged before me by means of /Physical presence or online notarization, this day of June 0o�t�oZi�, by PERSONALLY, appeared before me the undersigned authority, Roger Azcona, Fred Sterling and Melissa Close , well known to me and known by me to be the Code Enforcement Special Magistrate, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT. SWORN TO AND SUBSCRIBED before me this ay of �i.U'le ,20 Notary Public State of Florida MM y Sue Christopher OTA PUBLIC � MY Coes 0411312024 969799 My Commission expires: Please return to: City of Okeechobee Code Enforcement 50 SE 2nd Avenue Okeechobee, FL 34974 (863)763-9795 Sharon Robertson Clerk of the Circuit Court & Comptroller OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee, FL 34972 Transaction # 2019079252 Receipt # 2020007289 Print Date: 10/13/2020 11:48:35AM Cashier Date: October 13, 2020 Client: CITY OF OKEECHOBEE 8 Items LIEN Instrument Number: 2020009852 RECORDING FEES 9.00 BOCC 4.00 1 {�lz✓li`_� t_ t�� c�. FACC FEE 0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009.853 RECORDING FEES BOCC 9.00 $4.00 ��l�.�e. 5(9 ,').S- FACC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009854 RECORDING FEES 9.00 BOCC 4.00 i 1A�20�7 FACC FEE 0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009855 RECORDING FEES 9.00BOCC $4.0 t FACC FEE $0.20 TRUST FUND FEE 1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009856 RECORDING FEES 9.00 BOCC $4.00 FACC FEE 0.20 be -Hi S- ' h CC L TRUST FUND FEE $1.50 !J COURT RELATED PRMT 3.80 LIEN Instrument Number: 2020009857 RECORDING FEES $9.00 BOCC 2DOC CC FEE 0.0 A TRUST Ft Nn FF_F $1.50 COURT RELATED PRMT $3.80 SATISFACTION Instrument Number: 2020009858 RECORDING FEES 5.00 BOCC $2.00 FACC FEE so.10 TRUST FUND FEE $1.00 a -4 COURT RELATED PRMT 1.90 SATISFACTION Instrument Number: 2020009859 RECORDING FEES $5.00 BOCC FACC FEE $2.00 $0.10 Ot4,ffCtlobec' TRUST FUND FEE $1.00 c COURT RELATED PRMT $1.90� CHECK/CASHIERS CHECK AMOUNT: $129.50 # 042164 CASH AMOUNT: $2.00 CHANGE: $0.50 Total Payments $131.00 Total Fees $131.00 Shortage $0.00 Check Overage $0.00 Rec By: Madalyn Pinon Deputy Clerk www.clerk.co.okeechobee.fl.us/Official Records.htm 55 S.E. 3RD AVENUE • OKEECHOBEE, FL 34974 INVOICE NO. GROSS AMOUNT DISCOUNT NET AMOUNT 9/25/20 Recording fees 9/25/ 0 129.50 129.50 TOTAL 129.50 WELLS FARGO BANK, NA LA GRANJA PARRILLA 63 7511631 3907 NW 49TH STREET TAMARAC, FL 33309-te° 24420 1 °tj rw d`eu .xL. S XINY0`PAY TO TO THE City of Okeechobee � V*1,800.00 s ORDER OF One Thousand Eight Hundred and 00/100 DOLLARS ------------ City of Okeechobee 55 SE 3rd Ave A, mkd Okeechobee FL Att:�Melissa Close. Case # 200423009�� 11'024420�i' �:063�075L3�:20009269855E6ii' w CITY OF OKEECHOBEE, FLORIDA 55 S.E. 3rd Avenue, Okeechobee, FL 34974 N2 4 9 7 2 �4 (863) 763.3372 RECEIVED from .•.7 10 _ e, 202-C + OXI Dollars CLERK N Melissa Close From: Erick Burneo <erick.burneo@lagranjarestaurants.com> Sent: Friday, September 25, 2020 2:09 PM To: Melissa Close Subject: La Granja Erick Burneo Franchising Manager 3907 NW 49th St Tamarac, FL 33309 P: (954) 968-7988 P: (954) 769-1001 Fax: (954) 984-4015 erick.burneoO)Iaaraniarestaurants.com www.lagraniarestaurants.com Q- Q 2 i C i2 - SCL i CL vu U-) Qp c_Qd of . off' Lz,e, I City of Okeechobee Code Enforcement Case #: 200423009 Name: Okeechobee Lake Corporation/La Granja Property Location: 1100 South Parrott Ave Code Board Action: Imposed a fine starting June 30, 2020 @ $50.00 per day for Grease pit not being covered, and Section 30-44 General Cleaning and Beautification fine started July 30, 2020 at $25.00 per day Accrual of Fine: 2020 2020 June = 1 day @ $50.00 per day/grease July = 28 days @ $50.00 per day/grease Total for Grease Pit = $1,450.00 Administrative Fee - $50.00 Total Amount Due = $1800.00 July = 2 days @ $25.00 Grass August =10 days @ $25.00 Grass Total for Grass = $300.00 Date of Compliance — Grease Pit July 28, 2020 / Grass August 10, 2020 MapYrmt_Ukeechobee-C;o -Property-Appraiser_4-23-2020 Page 1 of 1 L__Q ;„ a► t E.dv tOTH .^:,T ql t iw 1415 Slot All 4_1 4� f'1 �r r' ram. a�} 'C"•Y.._ 4 Wit + +• % 4 A'. N Y 1& now AP 11 Aft L i • d a r •: � � �. _ ' arm. � : � i*� .,►� S .. 0 t00 200 300 400 500 d00 700 800 900 1000 ft Okeechobee County Property Appraiser Mickey L. Bandi I Okeechobee, Florida 1 863-763-4422 PARCEL: 3-21-37-35-0040-00160-0010 1 RESTAURANT (002100)10.98 AC NOTES: SOUTH OKEECHOBEE LOTS 1, 2, 3, 7,8 AND 9, BLOCK 16, LESS THE WEST 15 FEET OF LOTS 7,8 AND 9, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDE �f OKEECHOBEE LAKE CORP 2019 Certified Values Owner: 3907 NW 49TH ST Mkt Lnd $199,125 Appraised $447.483 TAMARAC, FL 33309 1100 S PARROTT AVE, Ag Lnd $0 Assessed $447,483 Site: OKEECHOBEE Bldg $216.728 Exempt $0 Sales 7/21+2010 $490,000 1(U) XFOB $31.630 county:$447,483 Info 12/31/2008 $490,000 (n) Just $447.483 Total city:$447,483 siv1s83 $88,30o v(Q) Taxable other:$447,483 school:$447,483 Ckaechobee county, FL This information„ was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. GrizidyLogic,eom Wine http://g4b.okeechobeepa.com/gis/gisPrint/ Mou) DP_bUS, Po_,F_�1c P"6-4/23/202C ` Sharon Robertson Clerk of the Circuit Court & Comptroller OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee, FL 34972 Transaction # 2019055864 Receipt # 2020004258 Print Date: 6/18/2020 3:01:19PM Cashier Date: June 18, 2020 Client: CITY OF OKEECHOBEE 13 Items RELEASE Instrument Number: 2020005706 f��rt: RECORDING FEES $5.00 BOCC 2.00 FACC FEE $0.10 TRUST FUND FEE 1.00 COURT RELATED PRMT 1.90 RELEASE Instrument Number: 2020005707 rD�- ; RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 RELEASE Instrument Number: 2020005708 RECORDING FEES $5.00 BOCC 2.00 FACC FEE 0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 SATISFACTION Instrument Number: 2020005709 C 1.1.K i,-:> Cci,�i�i� :— RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT SATISFACTION Instrument Number: 2020005710 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT SATISFACTION Instrument Number: 2020005711 5.00 2.00 0.10 1.00 1.90 $5.00 2.00 0.10 $1.00 1.90 RECORDING FEES BOCC FACC FEE TRUST FUND FEE 5.00 $2.00 0.10 1.00 COURT RELATED PRMT 1.90 LIEN Instrument Number: 2020005712 ►�C u.� l (,,�, j It RECORDING FEES $9.00 BOCC $4.00 FACC FEE 0.20 TRUST FUND FEE 1.50 COURT RELATED PRMT 3.80 LIEN Instrument Number: 2020005713 RECORDING FEES 9.00 BOCC 4.00 FACC FEE $0.20 TRUST FUND FEE 1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020005714 RECORDING FEES 9.00 BOCC $4.00 FACC FEE $0.20 TRUST FUND FEE 1.50 COURT RELATED PRIVI T "laiQ LIEN Instrument Number: 2020005715 Cc CLYG,-r� 1c , •� 1c�Zlinr�C�- RECORDING FEES $9.00 BOCC 4.00 FACC FEE 0.20 TRUST FUND FEE 1.50 COURT RELATED PRMT 3.80 LIEN Instrument Number: 2020005716 �c�clt 2w RECORDING FEES $9.00 BOCC 4.00 FACC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT 3.80 LIEN Instrument Number: 2020005717 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT 9.00 4.00 0.20 1.50 3.80 LIEN Instrument Number: 2020005718 l�c-� .c� !fI-vvr\c-_,'t RECORDING FEES $9 00 BOCC 4.00 FACC FEE 0.20 TRUST FUND FEE 1.50 COURT RELATED PRMT 3.80 CHECKICASHIERS CHECK AMOUNT: $189.50 # 041650 Total Payments $189.50 Total Fees $189.50 Shortage $0.00 Check Overage $0.00 Rec By: Frances Conner Deputy Clerk www.clerk.co.okeechobee.fl.us/Official Records.htm CODE ENFORCEMENT FOR THE CITY OF OKEECHOBEE, FLORIDA. Petitioner, vs Respondent, Okeechobee Lake Corporation .•..,. Site Okeechobee Police Code Enforcement s 50 SE 2nd Ave Okeechobee Florida 34974 FY 863-763-9795 Phone 863-763-7804 FAX Date 05/18/2020 CASE No. 200423009 STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162.02 and 162.12, Florida Statutes, and the Code of Ordinances of City of Okeechobee, I (hereinafter the "City of Okeechobee), the undersigned Code Enforcement Officer hereby gives notice of an uncorrected violation of the City of Okeechobee Code, as more particularly described herein, and hereby requests a Hearing before the Okeechobee City Code Enforcement Special Magistrate. 1. Violation of City Code Chapter/Section: Chapter 30 Section 30-43, 30-44 2. Address and Parcel# where violation exists:1100 S Parrott Ave 3-21-37-35-0040-00160-0010 3. Name and address of property owner or person in charge of location where violation exists: Okeechobee Lake Corporation (La Granjia) - - ()- Nth �fi-5�-- Ta mc, «cj(, 333oc, 4. Description of Violation: Mow, Clean-up Debris also Repair the Parking Area - Potholes, alb Need to Cover the Grease Pit in the Back of the Building. See Attached Photos. 5. Date violation must be corrected bylun 5, 2020 6. Date violation first observed on or about4/23/20 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector to verify compliance, with the Okeechobee City Code Section(s) cited herein, you are hereby called upon to take notice that a Hearing will be held in this cause before the City of Okeechobee Code Enforcement Magistrate on the 9th day gune Zuzu at 6:30 P.M., located at 55 SE 3rd Ave Okeechobee City Hall, Okeechobee Florida 34974 in Council Chambers. The Magistrate will receive testimony and evidence at said Hearing and shall make findings of fact and conclusions of law as are supported by the evidence and testimony, and shall make an order thereupon. You are entitled to be represented by counsel, present evidence, and present testimony. Please be advised that any evidence presented to the Magistrate for his consideration will be retained by Code Compliance Department. If you fail to appear at the hearing the Magistrate may enter an Order of Violation, & impose a fine in your absence. l l� Re4 Sterling -Code Enforce ent Officer Any Person desiring to appeal any decision of the Code Enforcement Special Magistrate with respect to any matte considered at this hearing will need to ensure that a verbatim record of the proceedings is made and that the record includes the testimony and evidence upon which the appeal will be based. Code Enforcement Magistrate tapes are for the sole purpose of back up for the official records of the Code Enforcement Department. In Accordance with Fla. Statute 162.11(2005), an aggrieved party may appeal a final administrative order to the circuit court. Such an appeal shall be filed within 30 days of the execution of the order to be appealed. De acuerdo con la seccion 162.11 de los estatutos de la Florida, un partido que no esta en acuerdo puede apelar una orden administrativa final a la tribunal de circuito . Tal apelacion sera archivada en el plazo de 30 dias de la firma de la orden que se apelara. 5 0 r m m is o Qv m _ - lL 6 $ ¢ \ � .6 n @ a co > _1ao❑oa 2hE2 E2TW 0000 02TT 6'I04 ■ Complete items 1, 2, and 3. A. $ignature ■ Print your name and address on the reverse X ❑ Agent ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Dat of livery ■ Attach this card to the back of the mailpiece, or on the front if space permits. ❑ address different from item 1? Yes ;r delivery address below: ❑ No Okeechobee Lake Corporation 3907 NW 49th Stre Tamarac, A 33309 J. IVIUV iyNe ❑Prioritya@ III'III'I I'�I IIIIIIIIIII�IIII I'IIIIII Ili II III O Adult Signature ❑ Adult Signature Restricted Delivery ❑Registered MailrM ❑ Registered Mail Restricted 9590 9402 5012 9063 7954 49 ❑ Certified Mail@ ❑ Certified Mail Restricted Delivery Delivery [I Return Receipt for 0 Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise 0 Signature ConfirmatlonTM 2. Article Number (Transfer from service label) Mail 0 Signature Confirmation 7 019 1120 0000 8123 2342 Mail Restricted Delivery Restricted Delivery ool PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt rAk e �. «� ��- tr�'�,:R�� li�f�a • ti�r.��V dire{ �� k Yy :>9'� ' 4 '3�, a#c� ,�.�,}M: �'�.srr��, A� '.r V 1 +a •. t ,.r �.L.&•. + 7 "►;i� �� ..ice. '� �>i,Zyb. �1 � � d O i fi s c d - !t a rryy � 1, •� .A � T it it o• d � d 3• ' 1 t.- t 1' Detail by Entity Name 0 Page 1 of 2 Florida Department of State Jf ld. lf,, ISO&" _" Jj Js __- J I _ -L •ur '4A, :cu arum s fV.Wot n ..t,;ur Detail by Entity Name Florida Profit Corporation OKEECHOBEE LAKE CORP Filing Information Document Number P10000054292 FEI/EIN Number 27-2950983 Date Filed 06/29/2010 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 04/30/2015 Principal Address 3907 NW 49TH ST TAMARAC, FL 33309 Changed: 04/30/2015 Mailing Address 3907 NW 49TH ST TAMARAC. FL 33309 Changed: 04/30/2015 Registered Agent Name & Address BARTRA, GUSTAVO SR 3907 NW 49TH ST TAMARAC, FL 33309 Name Changed: 04/30/2015 Address Changed: 04/30/2015 Officer/Director Detail Name & Address Title P BARTRA, GUSTAVO SR. 3907 NW 49TH ST TAMARAC, FL 33309 DIVISION OF CORPORATIONS Title VP .-11 rn_ . -I r . . 11'�.. •in• 1 v.n v..,.... Page 1 of 23 W 1.. This instnunent prepared by and return to: Craig B. Full, Esquire I.aw Office of Craig B. Full, I.L. 210 Woodi7iard 5'treet Lakeland, FL 33803 OR PK ]- 91a$49 '~ G 11,35 SHARON ROSERTSONa CLERK OF CIRCUIT CART OY,E£CHDBEE COUNTY? FLORIDA RECORDED 03/03/2010 03:54:1? ICI AMT ?�s5ai300,00 REGORGING FEES $197,00 MTG DOC $927.50 RECORDED BY G 99aaonvrn Pas 1135 - 1157; (23n9s) INIORTGAGE AND SECi7RITY AGREENJENT This Mortgage and Security Agreement ("Mortgage") is executed thiso;,A day of July, 2010, by Okeechobee Lake Corp, a Florida corporation (the "Mortgagor"), tivhose mailing address is 6542 W. Atlantic Blvd., Margate, FL 33063, in favor of MDELORIDA 'Credit Union, the mailing address of which is 129 South Kentucky Avenue, Suite 500, Lakeland, Florida 33801 (the "Mortgagee"), and is made in reference to the following facts: Mortgagor is justly indebted to Mortgagee in the total principal sum of $265,000.00, which is evidenced by a Promissory Note -executed by Mortgagor in favor of Mortgagee dated of even date herewith, the terms and conditions of which are incorporated in and made a part hereof (the "Note"). The Note bears interest at the rates, provides for payments of principal and interest in the manner and has a maturity date all as stated therein. Mortgagee is desirous of securing the prompt payment of the Note, and any additional indebtedness accruing to the Mortgagee on account of any future payments, advances, or expenditures made by the Mortgagee or on account of any other indebtedness incurred in connection with this Mortgage or any other instrument securing the Note as set forth herein. NOW, THEREFORE, for and in consideration of Mortgagee making the aforesaid loan to Mortgagor and for other good and valuable consideration, and to secure the payment of the aforesaid indebtedness, the Mortgagor does hereby grant, bargain, sell_, alien, remise, convey and confirm unto the Mortgagee all that certain land, and all structures, buildings and improvements thereon, of which Mortgagor is now seized and in possession, situate in Okeechobee County, Florida, more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. TOGETHER WITH all and singular the tenements, hereditaments and appurtenances and all structures, buildings and improvements of every kind and description now or hereafter on said land, and all heretofore or hereafter vacated alleys and streets abutting the said land and all riparian and littoral rights, easements, rights, rents, royalties, mineral, oil and gas rights and profits, water, water rights and water stock appurtenant to the said land. Initials 1 Book689/Page1135 1 CFN#2010008282 [r 1 1 —r a r Page 1 of 23 Page 3 of 23 its discretion even though subsequent owners of the Property described herein may benefit thereby. In the event of any default under -this Mortgage which is not aired within the, curative period, if any, set forth herein Mortgagee at its discretion and option may apply all or any part of said reserve fund to the indebtedness hereby secured. In refunding any part of said reserve find, the Mortgagee may deal with whomsoever is represented to be the owner of the Property at that time. 3. Taxes. Mortgagor shall, during the terse of this Mortgage, pay all taxes (unless Mortgagee has required an escrow of said taxes and pays same as set fora above), assessments and encumbrances of every nature that may for any and all purposes be payable, assessed or imposed on the Property, or any part hereof, or the income therefrom, and upon this Mortgage and the Note, or the money secured and evidenced thereby, and shall pay them before the delinquency thereof and receipts evidencing payment of said taxes, assessments, levies and encumbrances shall be deposited with the Mortgagee on or before February 24 of each succeeding year during the term of this Mortgage. Mortgagee shall be the, sole judge of any such tax, assessment, water rent, claim, lien or encumbrance and of the amount necessary to be paid in satisfaction thereof. 4. Insurance. Mortgagor shall keep the buildings and other improvements, which are now, or which hereafter may be erected on the Property, including any personal property and fixtures described herein, constantly insured .against loss by fire with extended coverage in a sum not less than full insurable value so as to avoid any claim on the part of the insurers for co- insurance, and in addition shall keep in full force and effect policies of insurance insuring against such other hazards, casualties, and contingencies as Mortgagee may require, including, but not limited to, Flood Insurance (only if structures on the Property are located within a flood hazard area), Property Damage Insurance (including wind coverage) and Public Liability Insurance. All insurance required by Mortgagee hereunder shall be on such forms, for such periods, and in such amounts as Mortgagee may require with loss payable to the Mortgagee under a clause acceptable to Mortgagee in its sole discretion (which shall include a minimum of thirty (30) days advance written notice of cancellation of such insurances), and with deductibles acceptable to Mortgagee. Mortgagor shall deliver the policy, or policies, to the Mortgagee, as additional security, and where renewal policies are necessary in the peerformance of this covenant, Mortgagor shall deliver the same to Mortgagee at least thirty (30) days before the expiration of the existing insurance. In the event such policy or policies are a part of a master policy insuring properties in addition to the Property, then Mortgagor may submit to Mortgagee a certified copy of such policy together with the original loss payable endorsement in lieu of the original policy as set forth above. In the event of loss, the Mortgagor shall give immediate notice by mail to the Mortgagee; and in the event Mortgagor shall fail_ to agree with the insurance companies involved as to the amount and terms of any loss within sixty (60) days, unless Mortgagor in good faith is diligently attempting to resolve the issue with such insurance companies of the happening of such loss, then the Mortgagee may negotiate with and settle said loss with such insurance companies and neither the Mortgagee nor the insurance companies involved shall, upon such settlement being made, be liable in any manner to the Mortgagor. The Mortgagee shall have the right to apply any funds received from insurance policies required under this Mortgage or under any other instrument securing the Note to the payment of the indebtedness or other sums hereby secured unless Mortgagor wishes to reconstruct the damaged improvements, so long as no 3 Initials Book689/Page1137 CFN#2010008282 Page 3 of 23 1_u.__. /L__., __.. .,.__ _i____1__L __1 _.__7.___.1_ _.../r t � «� i r iir� •ice •T` •T"' "�^^�^^^^ Page 5 of 23 S. Toxic or Hazardous Substances. Mortgagor warrants, represents, and covenants to Mortgagee after thorough investigation that: (a) Neither Mortgagor nor any tenant, subtenant, or other person has brought onto or used Hazardous Materials (defined below) on, from or affecting the Property in any manner which violates federal, state or local laws, ordinances, rules, regulations or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production or disposal of razardous Materials. (b) Mortgagor shall keep the Property, or cause the Property to be Dept, flee of Hazardous Materials. (c) Without limitation to the foregoing, Mortgagor shall neither cause nor permit: (i) the Property to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process Hazardous Materials, except in strict compliance with all applicable federal, state and local laws or regulations, nor (ii) a release of Hazardous Materials onto the Property or any other property as a result of any intentional or unintentional act or omission on the part of Mortgagor or any tenant or subtenant. (d) Mortgagor shall comply with, and ensure compliance by all tenants and subtenants with, all applicable federal, state and local laws, ordinances, rules and regulations related to Hazardous Materials, whenever and by whomever enacted or made effective. Mortgagor shall obtain and comply with, and ensure that ail tenants and subtenants obtain and comply with, all approvals, registrations or permits required under such laws, ordinances, rules and regulations. (e) Mortgagor shall conduct and complete all investigations, studies, sampling and testing, and all remedial, removal and other actions on, from or affecting the Property (i) in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and policies, (ii) at the request of and to the satisfaction of Mortgagee, and (iii) in accordance with the orders and directives of all federal, state and local governmental authorities. (f) If it is determined that the soils of the Property contain any materials having sufficient concentrations of elements which produce radon gas, Mortgagor shall improve the Property and perform all construction thereon in a manner employing radon resistant construction techniques and mitigation measures, and in accordance with any special building codes and requirements promulgated by any federal, state, county or municipal governmental body or agency with regard to this issue. (g) Mortgagor shall defend, indemnify and hold harmless Mortgagee, and Mortgagee's employees, agents, officers and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs or expenses of any kind or nature, known or unkn 5 Initials Book689/Page1139 CFN#2010008282 Page 5 of 23 Page 7 of 23 that they are in good order and repair, and so that the Properly, all improvernents thereon and all personal property situated therein are maintained in good order and repair and so that all of such items present to the guests and patrons of Mortgagor in the operation of its business, a first class and attractive premises. Mortgagor shall not allow any construction liens to be filed against or attach to the Property. In the event any construction liens are filed against tie Property, or any part thereof, Mortgagor shall promptly cause the same to be discharged, paid, bonded or otherwise satisfied so that it no longer affects the Property within thirty (30) days .after the filing and service on Mortgagor, or within ten (10) days after a suit for the foreclosure thereof has been filed and served on Mortgagor, whichever date is earlier. 10. Protection of Mort-Ravee's Security, Mortgagor shall execute and/or cause to be executed such further assurances of title to the Property, and to take and cause to be taken, such steps, including legal proceedings as may at any time appear to the Mortgagee to be reasonably desirable to perfect the title to the Property in the Mortgagee. Upon a failure or default in or breach of performance of any of the covenants and agreements contained herein, the Mortgagee may, without notice to the Mortgagor, pay all taxes, assessments, and public charges, and/or take such steps as may be necessary to secure or redeem the Property from forfeiture ar sale, and/or effect or renew any insurance, and/or make such repairs as may be necessary to '_keep the Property, equipment, appurtenances and accessories in good order and repair and/or take or cause to be taken, such steps, including legal proceedings and performing environmental audits, surveys or appraisal, as may be reasonably desirable to prevent the commission of waste, impairment or deterioration or to determine the condition or value of the Property, or any part thereof, or to perfect the title to the Property in the Mortgagee, and/or to perform any other acts or expend such other sums deemed necessary by Mortgagee to protect its security for the repayment of the Note, and all sums expended in the doing of or on account of the same, shall be a part of the debt secured by this Mortgage, and shall be secured as fully as the principal debt and interest is secured, and shall bear interest at the highest legal rate permitted by law to be charged by Mortgagee from the date of the expenditure thereof and shall together with the interest thereon, be repaid by the Mortgagor before the expiration of a period of thirty (30) days thereafter. However, there is no obligation upon the Mortgagee to make such payments or take such steps, nor shall any act of the Mortgagee or any failure to act under the powers granted by this paragraph, nor any lapse of time, be construed as the waiver of any breach of the covenants and agreements contained herein. 11. Civil Proceedings. If any action or proceeding is commenced, to which action or pro- ceeding the Mortgagee is or becomes a party or in which it becomes necessary to defend or uphold the lien of this Mortgage (including to protect its interests in any condemnation proceedings), all sums paid by the Mortgagee for the expense of any litigation (including reasonable attorneys' fees and appellate counsel fees, if any) to prosecute or defend the rights and lien created by this Mortgage shall on notice and demand be paid by the Mortgagor, 'together with interest thereon at the highest legal rate permitted by law to be charged by Mortgagee, and shall be a lien on the Property, prior to any right or title to, interest in or claim upon the Property subordinate to the lien of this Mortgage, and shall be deemed to be secured by this Mortgage and evidenced by the Note. Initials Book689/Page1141 CFN#2010008282 Page 7 of 23 l.i-Fs.n•//v.; �., or„- 1.1..»..h.�l... (.1.,.-. (7 �..-.....1� ., .. «.. /T ..... .7---..-.1.�S 7,.LT ]_._!/T�__________1/r _iTl_ _______._..r_ n ins innnn Page 9 of 23 Mortgagee is hereby authorized to file a financing statement describing the Collateral to perfect the security interest of the Mortgagee, and any continuations thereof. From time to time upon the request of the Mortgagee, Mortgagor will furnish an inventory of the Collateral to Mortgagee, which inventory shall specifically describe the Collateral by make, model and serial number or other identification, if applicable, insofar as possible. Mortgagor shall keep the Collateral, all and singular, on the Property and shall not remove or permit same to be removed therefrom without the prior written consent of the Mortgagee except that Mortgagor shall be entitled to dispose of such of the Collateral as has become unfit for continued use provided Mortgagor simultaneously replaces same with property of similar kind and for Like use and provided the purchase price of any such replacement shall have been paid in full and provided that the lien of this security agreement shall continue upon any such replacement. Mortgagor shall_ use reasonable care and diligence to preserve and keep the Collateral in good condition and shall not permit or commit any waste, impairment or deterioration thereof and Mortgagor shall use same only in connection -,vith the Property. Mortgagor shall not sell or attempt to sell any of the Collateral and shall not create or permit any other security interest or other lien or encumbrance upon such Collateral without the prior written consent of the Mortgagee. Mortgagor shall pay, all and singular, the expenditures, costs, charges and expenses, including reasonable attorneys' fees and costs of title searches and information requests, incurred or paid at any time by the Mortgagee because of the failure on the part of the Mortgagor promptly and fully to perform any of its obligations set forth in this paragraph and all such costs. charges and expenses shall be immediately due and payable and shall bear interest at the highest legal rate permitted by law to be charged by Mortgagee from time to time, from date of payment by Mortgagee until repaid by Mortgagor and, together with such interest, shall be secured by the lien hereof. In the event that the Mortgagee accelerates the indebtedness secured hereby so as to make the same immediately due and payable, Mortgagee shall have and may exercise any and all rights and remedies of a Mortgagee under the Uniform Commercial Code of the State of Florida as to the Collateral and any and all other rights and remedies available to it under any other applicable law. Provided that Mortgagee, at its option, may elect to treat the Collateral or portions thereof as real property or an interest therein for purposes of election of remedies, establishment of priorities or otherwise. Upon request or demand of Mortgagee, Mortgagor shall, at Mortgagor's expense, assemble the Collateral and make it available to the Mortgagee and Mortgagor shall promptly pay all costs of Mortgagee incident to the enforcement of Mortgagee's rights hereunder, including reasonable attorneys' fees and legal expenses and expenses of any repairs to any of the Collateral and expenses of any repairs to any realty or other property to which any of the Collateral may be affixed or be a part. Expenses of retaking, holding, preparing for sale, selling or the like, shall include those incurred on appeal, if any. The provisions of this paragraph are cumulative and in addition to the provisions of the Note and all other provisions of this Mortgage. In the event of any assignment hereof by Mortgagee, Mortgagor covenants and agrees that Mortgagor will not assert against any assignee hereof any claim or defense which Mortgagor may have against Mortgagee as to the Collateral, except Mortgagor may assert against any such assignee any defense of a type which may be asserted against a holder in due course of a negotiable instrument under the Uniform Commercial Code of the State of Florida. 15. Uniform Commercial Code. When and if Mortgagor and Mortgagee shall respectively become the Debtor and Secured Party in any Uniform Commercial Code Financing Statement affecting property either referred to or described herein, or in any way connected with the uAe 9 Inida Book689/Page1143 CFN#2010008282 Page 9 of 23 1�4tr�o•��r�innAor .,lroo..4.�,l.�ol.,«.rl.....,«lam ., /T ,].....,...1rII7,.L.T:_.,_//Tl,_,._..,._,..,.a.1!'._�.T�______,___�.Tf, e /n� innnn ' Page 11 of 23 to f.'ne Mortgagee a first security interest in and to the following: (a) ail furniture and fixtures, (b) all q�res-nt and fixture reacts, issues, profits and income from the Property, and -each and every part and parcel thereof and also all present and future right, title and interest of the Mortgagor under and by virtue of each and very franchise, license, permit, government?1 approvals, certificates, lease, contract for deed, or purchase and sale agreement, utility agreements (including, but not limited to, agreements for water,' sewage, collection and treatment service and capacity, electrical, power, gas, telephone and communication), :agreements for service, development and construction agreements, plans and specifications, construction drawings, surveys, or any other document or contractual right, written or verbal, covering any part or parcel of the Property, whether now or hereafter made, and any and all amendments to or modifications, extensions or renewals thereof and all proceeds thereof; (c) all bank accounts and deposit accounts into which any of the proceeds of the foregoing are deposited but only to the extent of any such proceeds; and (d) proceeds of all the foregoing. Mortgagor hereby warrants that there are no contracts for deed, purchase and sale Agreements, mortgages or leases affecting the Property as of the day and year first above written nor shall there be any in existence on the date of recordation of this Mortgage except for those set forth in the Affidavit. Mortgagor farther warrants that it has not executed nor will it execute at any time during the term of this Mortgage any other assignments or instruments encumbering the items described in this paragraph. The Mortgagee shall have the right to and may receive the rents, issues, profits and income from the Property or from the business operations conducted by Mortgagor upon the Property, including all rents payable under any lease hereby assigned, for application toward the reduction of the indebtedness under the Mote only if and in the event the Mortgagor defaults in, breaches or fails to perform any one or more of the covenants and agreements contained in this Mortgage and such is not cured within the applicable curative period specified in this Mortgage, if any. In the event of Mortgagor's default, breach or failure to perform which is not cured within the curative period as aforesaid, and the exercise by the Mortgagee of its right to receive such rents, issues, profits and income, the amounts so received prior to foreclosure sale shall be applied in accordance with the applicable provisions of this Mortgage. However, the Mortgagee's right to receive such rents, issues, profits and income and all other rgbts afforded Mortgagee in this paragraph shall be cumulative and in addition to all other rights )f Mortgagee set forth in this Mortgage. in addition, the Mortgagee shall have and may exercise from time to time any and all rights and remedies of a secured party under the Uniform Commercial Code of the State of Florida and any and all other rights and remedies available to it under any other applicable law as to the rights and interests granted Mortgagee in this paragraph. Provided that Mortgagee, at its option, may elect to treat the rights and interests granted Mortgagee in this paragraph or portions thereof as real property or an interest therein for purposes of election of remedies, establishment of priorities or otherwise. Mortgagor shall not accept advance rental payments from lessees or tenants for a period in excess of two (2) months without first obtaining the written consent of the Mortgagee. If any lessee or tenant shall pay rental for more than one month in advance, such advance rental payment shall not be binding upon the Mortgagee and if the Mortgagee shall elect, as herein provided, to receive the rents, issues, profits and income, or in the event of foreclosure of this Mortgage, such lessee or tenant shall have no right by reason or on account of any such advance rental payment to remain on the Property or any part thereof nor to a refired by the Mortgagee of any such advance rental payment. In the event any tax or assessment shall be levied or assessed against the Mortgagee on account of or incident to this paragraph, the Mortgagor will pay said tax as soon as it is due and payable, and if the Mortgagor shall fail to pay any such tax Il Initials Book689/Page1145 CFN#2010008282 Page 11 of 23 Page 13 of 23 21. Intervening Liens. Any agreement hereafter made by Mortgagor and Mortgagee pursuant to this Mortgage shall be superior to the rights of the holder of any intervening lien or encumbrance. 22. Waiver. No failuure of Mortgagee to exercise any option herein given to declare the maturity of the debt hereby secured shall be taken or construed as a waiver of its right to exercise such option or to declare such maturity by reason of any past, present, or fature default on the part of Mortgagor; and the procurement of insurance or the payment of taxes or other liens, debts, or charges by Mortgagee shall not be taken or construed as a waiver of its right to declare the maturity, of the indebtedness hereby secured by reason of failure of Mortgagor to procure such insurance or to pay such taxes, debts, liens or charges. The lien of this Mortgage shall remain in full force and effect during any postponement or extension of time of payment of any part or all of the indebtedness secured hereby and during the term of any future advances made hereunder. 23. Exemptions. The Mortgagor agrees not to set up or claim the benefit of curtesy or dower laws, or any exemption or insolvency laws against any claim of the Mortgagee, for any sum of money which may become due and payable to it, under the covenants and agreements of the Note, or of this Mortgage, or any other instrument securing said Note, or against the securing of execution of any judgment sought thereon, all of said rights and exemptions being hereby expressly waived. 24. Default. The happening of any of the following events shall constitute a default hereunder: (a) a default shall occur under the Note; (b) failure of any Obligor (as defined hereinafter) to perform any covenant or agreement in this Mortgage or the Documents; (c) the filing of any petition under the Bankruptcy Code, or any similar federal or state statute, against any Obligor or by any Obligor; (d) the filing in any court of an application for the appointment of a receiver or trustee to take custody of the Property or any part thereof; (e) the filing of any application in any court for the appointment of a receiver for the benefit of one or more creditors of any Obligor, or the making of a general assignment for the benefit of creditors of any Obligor; (f) the death, dissolution, termination, business failure, merger, consolidation, or reorganization of any Obligor; (g) any material warranty, representation, certificate or statement of any Obligor, whether contained in this Mortgage, the Note or in any Document, is not true-, (h) the taking pursuant to governmental authority of all or any substantial part of the Property or other real or personal property encumbered by this Mortgage or other instruments of security securing the Note; (i) a default shall occur under or any proceedings are instituted for the foreclosure or collection of any mortgage, judgment or lien that affects the Property or other collateral encumbered by this Mortgage or other instruments of security for the Note; 0) a default shall occur under any other notes or other evidence of indebtedness and any instruments of security therefore or any other loan documents of which any other lender is the holder in or for which Obligor or any of its Affiliates (as defined hereinafter) is liable; or (k) should any franchise agreement, license or permit in existence on the date of this Mortgage or any other agreement, license or permit necessary for the operation and use of the Property contemplated herein be revoked or terminated or should any conditions imposed by any governmental authority not be complied with by the time requested by such authority as a condition to non -revocation or norv- 13 Initials Book689/Page1147 CFN#2010008282 Page 13 of 23 L.r-r-....../1..,:,....,.,....,1....,,.L..L__I_._A_--A-/r Page 15 of 23 transferred, assigned, set over and pledged as further security for the payment of the mortgage indebtedness, with the right on the part of the Mortgagee, but without any dirty to do so, at any time after default hereunder to demand and receive and apply the same upon the mortgage indebtedness, and such appointment shall be with reasonable notice. 27. Costs and Attorneys' pees. In the event the Property or any part thereof' becomes the subject of or involved in .any action or court proceeding (including any ban1lauptcy case or proceeding), .the Mortgagor shall_ pay and reimburse the iVIortgagee for all costs, charges and expenses, including reasonable attorneys' fees, and further including those on appeal, incurred by the Mortgagee in connection with or growing out of such action or proceeding and all such costs, charges, expenses and reasonable attorneys' fees shall be secured by the lien of this Mortgage. The Mortgagor agrees to pay all such costs, charges, expenses and reasonable attorneys' fees to the Mortgagee promptly. The Mortgagor will pay all costs, charges and expenses including reasonable attorneys' fees, costs of abstracts of title, title searches, surveys, environmental audits, and appraisals, incurred or paid at any time by the Mortgagee because of the failure of he Mortgagor to promptly and fully perform the agreements and covenants of the Note or this Mortgage or of any other instrument securing the Note or executed by the Mortgagor in connection with the loan evidenced by the Note. Said costs, charges and expenses shall be immediately due and payable and secured by the lien of this Mortgage. Said reasonable attorneys' fees shall include any such incurred or expended at any time by the iVIortgagee after any default by the Mortgagor as specified above even if incurred prior to the commencement of any action or otherwise, in the foreclosure of this Mortgage or the collection of the amount secured hereby. The obligation to pay Mortgagee's costs, expenses and reasonable attorneys' fees shall include those costs, expenses and fees incurred by Mortgagee in seeking to collect or enforce any judgment entries on the Note, this Mortgage or any other instrument of security, and such obligations shall survive the entry of any judgment upon the Note or this Mortgage and such obligation shall not merge in such judgment or judgments but shall survive and continue until all debts and obligations evidenced by the Note, this Mortgage or any other instruments of security, and any judgment or judgments entered thereon or foreclosures thereof are enforced, paid and satisfied in full. All references in this paragraph and elsewhere in this Mortgage and the Documents to attorneys' fees and costs shall include all fees and costs incurred by the Mortgagee for the services of paralegals, legal assistants and other paraprofessionals for work performed under or at the direction of a licensed attorney. 28. bate Charles. Installments, payable under the terms hereof and the Note secured hereby, not paid when due shall be subject to "late charges" as provided in the Note, and such "late charges" are secured by the lien hereof. 29. Transfer of Property. If all or any part of the Property or any interest therein is sold or transferred by Mortgagor (or any subsequent owner of the Property) except as specifically authorized herein or by Mortgagee in writing, or if the Property is made subject to a lease with an option to purchase (specifically excluding a Iease in the ordinary course of business which does not contain an option to purchase), or if the Property is made subject to a master leasehold interest between Mortgagor (or subsequent owner of the Property) as the lessor and another party as the lessee, or if the Property becomes subject to any contract(s) for deeds without the Mortgagee's prior written consent, Mortgagee may, at Mortgagee's option, and without notic 15 Initials Book689/Page1149 CFN#2010008282 Page 15 of 23 n inn 1nnnn Page 17 of 23 31. Proceeds of Claims. Awards. Rents and Sales. Unless otherwise provided herein, all monies which are paid to, collected or received by Mortgagee in connection with or as the proceeds of insurance loss claims, condemnation awards, rents, leases, or sales, including a foreclosure sale, shall be applied by Mortgagee as follows: first, to payment of Mortgagee's costs including the costs of collection of said indebtedness and the foreclosure of this Mortgage and including any advances made by Mortgagee pursuant to Mortgagee's rights set forth herein and all expenses, real estate commissions and reasonable attorneys' fees incurred by Mortgagee; second, to payment to Mortgagee of interest, at the highest legal rate permitted by law to be charged by Mortgagee, on said costs from the date of such expenditures; and third, at option of Mortgagee to (a) restoration or repair of the Property, if applicable, or (b) to payment of interest due on the principal indebtedness, and the remainder, if any, to the principal indebtedness secured by this Mortgage. Unless Mortgagor and Mortgagee otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the installment payments in the Note or change the amount of such installments. Nothing in this paragraph shall in any way affect the lien of this Mortgage or the liability of the Mortgagor for payment of the entire balance of the indebtedness secured hereby. 32. Proceeds of Foreclosure Sale. If this Mortgage is foreclosed by a proper suit and the Property is sold to satisfy a decree of foreclosure, the proceeds of such sale shall be applied as follows: First, to the expenses and costs incurred hereunder. including reasonable attorneys' fees for such services as may be necessary in the premises and for the collection of said indebtedness and the foreclosure of this Mortgage; second, to the payment of whatever sum or sums the Mortgagee may have paid or become liable to pay in carrying out the terms and stipulations of this Mortgage, together with interest thereon; and finally, to the payment and satisfaction of the Note and other sums required to be paid under the Documents. The balance, if any, shall, unless the Court decrees otherwise, be paid into the registry of the Court having jurisdiction of said foreciosize suit, to be distributed by further order of said Court. 33. Lien/Set Off The Obligors shall have no right of set off against the Mortgagee under this Mortgage or under any of the Documents except for monies paid by Mortgagor to Mortgagee. The Mortgagee is hereby granted a lien upon the property of each Obligor now or at any time hereafter in the possession of the Mortgagee. in any capacity whatsoever, as additional security for the payment of the Note. The Mortgagee may apply any such funds or property or any portion(s) thereof to the payment of the debts without advance notice upon an event of default or at any time subsequent to the maturity of the Note (whether by acceleration or otherwise). The Mortgagee may utilize any order of application of such funds or property as Mortgagee may from time to time select. 34. Amounts Due. The Mortgagor, within five (5) days upon request in person or within ten (10) days upon request by mail, will furnish a written statement duly acknowledged of the amount due on this Mortgage and whether any defenses exist against the Mortgage debt. 35. Notice. Any written notice, demand or request that is required to be made hereunder or under the Note or under any other instrument of security for the Note shall be served in person or by registered or certified mail, return receipt requested, or by recognized overnight air courier (e.g. Federal Express), addressed to the party to be served at its address set forth above. Any 17 Initials Book689/Page1151 CFN#2010008282 Page 17 of 23 L.kt,...,. 11..; ......- ,.L,.,. ,. L. ,. L... ,.1 ,.....7.-.......1.----IT e ins ,nnnn Page 19 of 23 42. Waiver of Jury Trial. BY EXECUTING THIS MORTGAGE, MORTGAGOR KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHTS OR THE RIGHTS ITS HEIRS, ASSIGNS, SUCCESSORS OR PERSONAL REPRESENTATIVES MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR SUIT, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND WHETHER ASSERTED BY WAY OF COMPLAINT, ANSWER, CROSSCLAIM, COUNTERCLAIM, AFFIRMATIVE DEFENSE OR OTHERWISE, BASED ON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS MORTGAGE AND SECURITY AGREEMENT OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT TO BE EXECUTED IN CONNECTION HEREWITH OR WITH THE INDEBTEDNESS OR THE RENEWAL, MODIFICATION OR EXTENSION OF ANY OF THE FOREGOING OR ANY FUTURE ADVANCE THEREUNDER. THIS PROVISION IS A MATERIAL INDUCEMENT FOR MORTGAGEE EXTENDING CREDIT TO MORTGAGOR AND NO WAIVER OR LIMITATION OF MORTGAGEE'S RIGHTS HEREUNDER SHALL BE EFFECTIVE UNLESS IN WRITING AND MANUALLY SIGNED ON MORTGAGEE'S BEHALF.. Mortgagor acknowledges that the immediately above provision of this Paragraph 42 has been expressly bargained for by Mortgagee as part of the transaction with Mortgagor and that, but for Mortgagor's agreement thereto, Mortgagee would not have extended the loan for the terms and at the interest rates provided. The undersigned certify that the execution of this Mortgage has been duly authorized by the Mortgagor. PROVIDED ALWAYS HOWEVER, that if the Mortgagor shall pay unto the said Mortgagee the monies provided for in and by said Note or Notes and this Mortgage and shall well and truly keep, observe and perform, comply with and abide by each and every the stipulations, agreements, conditions and covenants thereof as and when required thereby then this deed and the estate hereby created shall cease and be null and void, otherwise the same shall remain of binding force and effect. Book689/Page1153 SIGNATURE PAGE FOLLOWS: 19 Initials CFN#2010008282 /T , l TT T , T . / T Page 19 of 23 Page 21 of 23 EXHIBIT "A" Lots 1, 2, 3, 7, 8 and 9, Block 15, less the West 15 feet of Lots 7, 8 and 9, South Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 7, Public records of Okeechobee County, Florida. Together with a portion of the unnamed alley in Block 15, South Okeechobee, ,according to the Plat thereof recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Florida, described as: Beginning at the Northeast corner of Lot 7; thence South 89 degrees 54' 47" Fast, a distance :of 15.00 feet to a point lying on the Northwest comer of Lot 1; thence South 0 degrees 10' 19" East, passing along the Westerly boundary of Lots 1, 2 and 3, a distance of 149.89 feet (150.00 on plat recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Florida) to a point lying on the Southwest corner of Lot 3, thence North 89 degrees 53' 37" West a distance of 15.00 feet to a point lying on the Southeast comer of Lot 9; thence North 0 degrees 10' 19" West, passing along the Easterly boundary of Lots 9, 8 and 7, a distance of 149.97 feet (150.00 on Plat) to the Point of Beginning. Book6891Page1155 21 CFN#2010008282 Initial Page 21 of 23 1.... /_ .. 1 1 t 1 1 1 Page 23 of 23 the property described herein, or (b) rents, revenues, income, profits or proceeds from leases, franchises, concessions or licenses of or on any part of the Property. Ail contracts and contract rights of Mortgagor arising from contracts entered into in connection with development, construction upon or operation of the Property, including but not limited to contracts with general contractor(s), architects, engineers and other professionals and all plans, specifications, consents, approvals and permits prepared or obtained by any said professionals. All Mortgagor's rights, title and interest in and to utility deposits, connection fees, reservation fees, reserve availability charges, system capacity charges or other similar type deposits or fees. MI Mortgagor's rights to any fictitious or other names or trade names used in conjunction with the said real and personal property. All furniture, furnishings, appliances and equipment which are now used in order to operate the Property now or hereafter owned or acquired by the Mortgagor and now or hereafter located or installed at or in any other improvement on the Property or elsewhere at or on the Property, together with all accessories and parts now attached to or used in connection with any such Property or which may hereafter at any time be placed in or added thereto and also any and all replacements and proceeds of any such Property. All present and future rents from the Property, and each and every part and parcel thereof, and also all present and future right, title and interest of the Mortgagor under and by virtue of each and every franchise, license, permit, lease, contract for deed or purchase and sale agreement, or any other document or contractual right, written or verbal, covering any part or parcel of the Property, whether now or hereafter made, and any and all amendments to or modifications, extensions or renewals thereof and all proceeds thereof; all present and future issues, profits, income, accounts, accounts receivable and the proceeds thereof of any business actually conducted by Mortgagor or through the use of the Property; all bank accounts and deposit accounts into which any of the proceeds of the foregoing are deposited; and proceeds of all the foregoing. s Proceeds of collateral are covered as prti ' in Sections 679-203 and 679.306 Florida Statutes. Products of collateral are covered. Book689/Page1157 23 $/ Initial CFN#2010008282 Page 23 of 23 I--'"---- --- - ---I----I--,.--,_.. , , Page 1 of 2 1011101111111 FILE HUM 201000827co OR BK 00689 PG 1131 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FLORIDA RECORDED 08/03/2010 03:5019 PM AMT 490000.00 RECORDING FEES -$18.50 - . - DEED DOC $37430.00 RECORDED BY G Meubourn Pss 1131 - 1132; (2p9s) This Instrument Prepared by: Marsha M. Wilkes MIDFLORIDA Title Professionals, Lle 3008 S. Florida Avenue Lakeland, Florida 33803 SPECIAL WARRANTY DEED r® THIS SPECIAL WARRANTY DEED made this - .9 day of July, 2010 MIDFLORIDA Credit Union, f/k/a MIDFLORIDA Federal Credit Union, whose address is P.O. Box 8008, Lakeland, Florida 33802 hereinafter called the Grantor, to Okeechobee Lake Corp whose address is 6542 W. Atlantic Blvd., Margate, Florida 33063, hereinafter called Grantee: (Wherever used herein, the terms "Grantor" and Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Okeechobee County, Florida, viz: Lots 1, 2, 3, 7, Sand 9, Block 16, less the West 15 feet of Lots 7,8 and 9, South Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Florida. Together with A portion of the unnamed alley in Block 16, South Okeechobee, according to the Plat thereof recorded to Plat Book s, Page l, Public Records of Okeechobee County, Florida, described as: Beginningatthe Northeast corner of Lot 7; thence South 89 degrees 54' 47" East, a distance of 15.00 feet to a point lying on the Northwest corner of Lot 1; thence South 0 degrees 10' 19" East, passing along the Westerly boundary of Lots 1, 2 and 3, a distance of 149.89 feet (150.00 on plat recorded In Plat BookS, Page 7, Public Records of Okeechobee County, Florida) to a point lying on the Southwest corner of Lot 3, thence North 89 degrees 53' 37" West a distance of 15.00 feet to a point lying on the Southeast corner of Lot 9; thence North 0 degrees 10' 19" West, passing along the Easterly boundary of Lots 9, 8 and 7, a distance of 149.97 feet (150.00 on Plat) to the Point of Beginning. Parcel Identification Number: R 3-21-37-35-0040-00160-0010 TOGETHER, with all the tenements, bereditaments and appurtenances thereto belonging or in anywise appertaining. 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, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. IN WITNESS WHEREOF, the said Grantor has hereunto set their hand and seal the day and Book689/Page1131 CFN#2010008279 Page 1 of 2 https://pioneer.okeechobeelandmark.comlLandmarkWebLiveHDocumentIGetDocumentFo... 6/ 15/2020 Page 2 of 2 il i year first above written. Signed, sealed and delivered in o esenc . Wi 1FL62 Credit Union vvyvia % Vol BY: Gayle O'Brien Witne As Chief Administration Officer ��h•e �u Yeti, STATE OF FLORIDA COUNTY OF r 0 1 & I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Gayle O'Brien as Chief Administration Officer of NffDFLORIDA Credit Union to me known to be the person described in and who executed the foregoing instrument and acknowledged before we that executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 421 day of July, 2010 NOTARY orida �� },MISS/pt,'•.li�� (notarieal��a gpp p Tres: 4'[Ln VQ.i^%/ r%) alDl� .• aDD 613953 Book689/Page1132 CFN#2010008279 Page 2 of 2 https://pioneer.okeechobeelandmark.comlLandmarkWebLive//DocumentIGetDocumentFo... 6/ 15/2020 IN Complete items 1, 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece or on the front if "space permits. A. Signat e X �7 0 Agent r7l Addressee B. Received by (Printed Name) I C. DWpf Delivery cress different from item 1 ? tU Yes Delivery address below: 0 No OKEECHOBEE LAKE-CORP 3907 NW 49TH ST' j-�- TAMARAC, FL 33309 3. Service Type 0 Priority Mail Express® [j Adult Signature 0 Registered Mail"' jj Adult Signature Restricted Delivery 0 Registered Mail Restricted 9590 9402 5012 9063 8061 38 r-1 Certified Mail@ 0 Certified Mail Restricted Delivery Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number (Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation'" Mail ?016 27`10 0000 1?23 9282 Mail Restricted Delivery 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt U 43 'U T" Ij ti file" Unn Roceipt (hwdcop�i) $ Return Rocalpt (der,tronic) s............. :3 D Certified MWI 3sTrlcfiacd Delivery 'S`,' ! -----'--'-,—.gi it F-- Adu lt Signature Required Js [JAdultSignature Rpsticted D,�Wan, $ :3 A "Ij l I - ci P, 'T V-) -0 ta' ----------- Jf �7§;�der: Please print your name, address, and ZIP+4@) in this box City of Okeechobee Code Enforcement 50 SE 2nd Ave Okeechobee, Florida 34974 N 'ill! 1111111111ijill, 11 dillill ild, 11111 Sharon Robertson Clerk of the Circuit Court & Comptroller OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee, FL 34972 Transaction # 2019079252 Receipt # 2020007289 Print Date: 10/13/2020 11:48:35AM Cashier Date: October 13, 2020 Client: CITY OF OKEECHOBEE 8 Items LIEN Instrument Number: 2020009852 RECORDING FEES 9.00 BOCC $4.00 FACC FEE $020 TRUST FUND FEE . 1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020009853 RECORDING FEES BOCC 9.00 4.00 _ �510C . FACC FEE 0.20 TRUST FUND FEE 1.50 COURT RELATED PRMT3 34 LIEN Instrument Number: 2020009854 RECORDING FEES 9.00 BOCC $4.00 FACC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT 13„80 LIEN Instrument Number: 2020009855 RECORDING FEES 9.00 CC $400 FAOCC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT 3.80 LIEN Instrument Number: 2020009856 RECORDING FEES 9.00 BOCC FACC FEE $4.00 0.20 u((,,� r ��'-� { S'c,_0c J TRUST FUND FEE $1.50 COURT RELATED PRMT 3.80 LIEN Instrument Number: 2020009857 RECORDING FEES $9.00 BOCC 14.00 ACC FEE $0 20 TRI IST FUND FFE $1.50 COURT RELATED PRMT $3.80 SATISFACTION Instrument Number: 2020009858 RECORDING FEES $5.00 BOCC $2.00 re FACC FEE $0.10 TRUST FUND FEE sim c06C's�-t1�`� COURT RELATED PRMT $1.90 SATISFACTION Instrument Number: 2020009859 RECORDING FEES $5.00 BOCC FACC FEE $2.00 $0.10 Co. kfc: chobC'G TRUST FUND FEE $1.00 SP. COURT RELATED PRMT 1.90 � CHECK/CASHIERS CHECK AMOUNT: $129.50 # 042164 CASH AMOUNT: $2.00 CHANGE: $0.50 Total Payments $131.00 Total Fees $131.00 Shortage $0.00 Check Overage $0.00 Rec By: Madalyn Pinon Deputy Clerk www.clerk.co.okeechobee.fl.us/Official Records.htm Sharon Robertson Clerk of the Circuit Court & Comptroller OKEECHOBEE COUNTY 312 NW 3rd Street Okeechobee, FL 34972 Transaction # 2019055864 Receipt # 2020004258 Print Date: 6/18/2020 3:01:19PM Cashier Date: June 18, 2020 Client: CITY OF OKEECHOBEE 13 Items RELEASE Instrument Number: 2020005706 RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 RELEASE Instrument Number: 2020005707 ?5c t. bcz,2ci (LWP RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 RELEASE Instrument Number: 2020005708 ba.v .6 QGc) ,e RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 SATISFACTION Instrument Number: 2020005709 L --C +,cz 4 Cr�rri��t✓r.: . RECORDING FEES $5.00 BOCC $2.00 FACC FEE 0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 SATISFACTION Instrument Number: 2020005710 bt.)Vvk- i `Jrlaui RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 SATISFACTION Instrument Number: 2020005711 1,y5-i4e+2r�h``�u'->` RECORDING FEES $5.00 BOCC $2.00 FACC FEE $0.10 TRUST FUND FEE $1.00 COURT RELATED PRMT $1.90 LIEN Instrument Number: 2020005712 Daniel RECORDING FEES $9.00 BOCC $4.00 FACC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020005713 C)KzeC-rLo�e CC --k-#-- CDC • RECORDING FEES $9.00 BOCC $4.00 FACC FEE $0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT $3.80 LIEN Instrument Number: 2020005714 cma(t Apl,`(LAO- RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT LIEN Instrument Number: 2020005715 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT $9.00 4.00 $0.20 1.50 3.80 ce a2 K(a-04<e, •r }k l oc%ck- 9.00 4.00 0.20 1.50 3.80 LIEN Instrument Number: 2020005716 Aws&d"et..: L-ALt, RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT LIEN Instrument Number: 2020005717 RECORDING FEES BOCC FACC FEE TRUST FUND FEE COURT RELATED PRMT $9.00 4.00 0.20 1.50 3.80 9.00 4.00 0.20 $1.50 3.80 LIEN Instrument Number: 2020005718 c- ,cl IO 14TT x -rt RECORDING FEES $9.00 BOCC $4.00 FACC FEE 0.20 TRUST FUND FEE $1.50 COURT RELATED PRMT 3.80 CHECK/CASHIERS CHECK AMOUNT: $189.50 # 041650 Total Payments $189.50 Total Fees $189.50 Shortage $0.00 Check Overage $0.00 Rec By: Frances Conner Deputy Clerk www. clerk. co.okeechobee.f1.us/Official Records.htm