ELIAS AND HELEN ANASTASOPOULOS
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tn 7 [I I , I PG ? 0 3 3
AGREEMENT OF ATTORNMENT AND NONDISTURBANCE
THIS AGREEMENT, made this .;:(6t1!- day of )Jlt1-Lt 1989
by and between WARREN DURNAN, ("Mortgagee"), anif~HE CITY OF
CLEARWATER, FLORIDA, ("Clearwater");
WITNESSETH
WHEREAS, Mortgagee is the owner and holder of that certain
Mortgage and Security Agreement given to ROSE BEATH PHIFER by
ELIAS ANASTASOPOULOS and HELEN ANASTASOPOULOS, his wife, as
Mortgagor, securing the payment of certain indebtednesses therein
described, including 3 promissory notes in the total original
principal amount of $ 1,000,000.00, which Mortgage is dated May
27, 1986 recorded on May 27, 1986 in Official Records Book 6234,
page 1296, of the Public Records of Pinellas County, Florida, and
.which constitutes a mortgage lien en certain real property
(hereinafter referred to as the "Mortgaged Premises") in
Pinellas County, Clearwater, Florida, more fully described
therein; which mortgage was assigned by ROSE BEATH PHIFER to
Mortgagee herein by Assignment of Mortgage dated March 28, 1988
and recorded on March 29, 1988, in Official Records Book 6709,
.. page 2090, and by Corrective Assignment of Mortgage dated May
( 4th, 1989 and recorded in o. R. Book ~L, page JLL, and
o modified by Mortgage Modification Agreement dated May 4, 1989 and
recorded of even date therewith, all being in the Public Records
of pinellas County, Florida; and
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WHEREAS, The city of Clearwater is the Grantee under a
certain Easement Agreement (hereinafter referred to as the
"Easement") acknowledged April 3, 1989, with ELIAS ANASTASOPOULOS
and HELEN ANASTASOPOULOS, his wife, as Grantor, covering part of
the Mortgaged Premises which is more fully described as:
Ten foot drainage and utility easement lying across
the South side of Lots 24 and 25 and the South side
of t,he E~st 100 feet of Lot 1, BJ.nrk B, B2y!"!ir'!p
Subdivision No.5, according to the plat thereof;
as recorded in Plat Book 38, pages 38 and 39 of the
Public Records of Pinellas county, Florida.
WHEREAS, The city of Clearwater and Mortgagee desire to
confirm their understanding with respect to the Easement
greement and the Mortgage.
NOW, THEREFORE, in consideration of the mutual covenants
and agreements herein contained, Mortgagee and The City of
Clearwater hereby agree and covenant as follows:
1. The Easement shall not be terminated nor shall the
city of Clearwater's use, possession or enjoyment of the easement
be interfered with, nor shall the easement granted by the
Easement Agreement be affected in any other manner, in any
foreclosure or other action or proceeding instituted under or in
connection with the Mortgage or in case Mortgagee takes
possession of the Mortgaged prem.i.-.:;es pursuant to any provisions
of the Mortgage.
2. If the interests of Grantor under the Easement
Agreement shall be transferred to and owned by Mortgagee by
reason of foreclosure, deed in I ieu of foreclosure, or other
proceedings brought by Mortgagee, or by any other manner, and
Mortgagee succeeds to the interest of the Grantor under the
Easement Agreement, The city of Clearwater and Mortgagee shall be
bound, with the same force and effect as if Mortgagee were the
Grantor under the Easement and the city of Clearwater does hereby
attorn to Mortgagee as its Grantee, the said attornment to be
effective and self-operative without the execution of any further
instruments on the part of any of the parties hereto immediately
Page 1 of 3
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017 0 II! PG ~ 0 3 [}
upon Mortgagee succeeding to the interest of the Grantor under
the Easement Agreement. The respective rights and obligations of
i the city of Clearwater and Mortgagee under such attornment shall
I be and are the same as now set forth therein, except as herein
I otherwise expressly provided.
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3. If Mortgagee shall succeed to the interest of the
Grantor under the Easement Agreement, Mortgagee shall be bound to
the city of Clearwater under all of the terms, covenants and
conditions of the Easement Agreement and, from and after
Mortgagee's succession to the interest of the Grantor under the
Easement Agreement, the city of Clearwater shall have the same
rights and remedies against Mortgagee for the enforcement of its
rights thereunder and the breach of any agreement contained in
the Easement Agreement that the City of Clearwater might have had
under the Easement Agreement against the Grantor thereunder if
Mortgagee had not succeeded toche Jnterest OfSl.lch Grantor;
provided, however, that Mortgagee shall not be:
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I 4. Except as otherwise expressly set forth herein, the
I Easement Agreement now is, and shall at all time continue to be,
I subject and subordinate in each and every respect to the
I Mortgage and to any and all increases, renewals, modifications,
II extensions, substitutions, and/or replacements of the Mortgage,
II and to any present or future mortgage or mortgages which may now
I or hereafter affect the Mortgaged Premises, but any and all such
! renewals, modifications, increases, extensions, substitutions,
I and/or replacements, or any such other mortgage or mortgages,
II nevertheless shall be subject to and entitled to the benefits or
I the terms of this Agreement.
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a. liable for any act or omission of any prior or
subsequent Grantor; or
b.
Easement
consent.
bound by any amendment or modification of the
Agreement without Mortgagee's prior written
5. This Agreement may not be modified orally or in any
other manner other than by an agreement in writing signed by the
parties hereto or their respective successors in interest. This
Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and assigns.
EXECUTED as of the day and year first above written.
~~/~- 0J1tj'htl~
A REN DURNAN ' Mortgagee
Cou
CITY OF CLEARWATER, FLORIDA
BY '--ci?,~. ~t2d~_
ITS: Ron H. Rabun, City Manager
Rita Garvey
Mayor-Commissioner
Approved as to form
and correctness:
Attest:
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Goud~'S:u '\,:'~,
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M. A. Galbraith, AJ, r.
City Attorney {
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L,'l ~. I" ,.
cyn11;hia E.
City Clerk
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Page 2 of 3
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1{17 0 I', PG ? 0 J 5
STATE OF FLORIDA
COUNTY OF PINELLAS
a r~ The foregoing instrument was acknowledged before me this
-, ;..-- day of May, 1989 by WANN DURNAN. ,"
{(\/h-'1-~C- 1:3- C_~~~~~
Notary Public -' ,./'" k.1i
My commission expires: ,5 ;'.1'1 . 8" 7
S'rA'l'EHe-P-FLORIDA,
COUNTY OFPINELLAS
I as--
'l'he
day
forego i'~g~l1S~ment was-acJmow,l~dged be foreme-thisc
of May, 1989-e.y
on beha'if-,o.tthe City of Clearwater.
.......---._----~ ~-
Notary Public
My commission expires:
---
---
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME personally appeared Rita Garvey, Ron H. Rabun,
M. A. Galbraith, Jr., and Cynthia E~ Goudeau, to me well known,
I and known to be the individuals described in and who executed
'I; I' the foregoing instrument as Mayor-Commissioner, City Manager, City
Attorney, and City Clerk, respectively, of the above-named City
and that the seal affixed to the foregoing instrument is the City
II seal of said City and the said instrument is the free act and
deed of said City.
I
WI'l'NESS
J7laJ
;'!'IJI!A~ )71.
Notary tJblic
my hand and official seal this
, 1989.
c<6d
day of
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at,<Ul-KJ:~/
My Commission Expires:
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