EXHIBIT D - FORM OF ASSIGNMENT OF MORTGAGE AND SECURITY AGREEMENT
EXHIBIT D
FORM OF ASSIGNMENT OF MORTGAGE AND SECURITY AGREEMENT
Resolution 99-18
This Instrument prepared by and return to:
Robert C. Reid, Esq.
Bryant, Miller and Olive, P.A.
201 South Monroe Street
Suite 500
Tallahassee, Florida 32301
ASSIGNMENT OF MORTGAGE AND SECURITY AGREEMENT
CITY OF CLEARWATER, FLORIDA, a municipal corporation duly created and existing
under the laws of the State of Florida (the "Assignor"), in consideration of the sum of Ten and
No/100 Dollars ($10.00) and other good and valuable consideration received from SUNTRUST
BANK, CENTRAL FLORIDA, NATIONAL ASSOCIATION, a national banking association,
as Trustee (the "Assignee"), DOES HEREBY grant, bargain, sell, assign, transfer and set over
unto the Assignee (i) all its right, title and interest in and to that certain Mortgage and Security
Agreement, executed by BEF, Inc., a Florida not-for-protit corporation duly organized and validly
existing under the laws of the State of Florida, in favor of the Assignor, dated as of July 1, 1999,
and recorded in Official Records Book _, Page _, of the Public Records of Pinellas County,
Florida (the "Mortgage"), said Mortgage encumbering the real property legally described as set
forth on Exhibit A attached hereto and incorporated herein by this reference, except its right, title
and interest in the Mortgage to the extent the Mortgage secures Company obligation with respect
to the Unassigned Rights and (ii) all its right, title and interest in and to that certain Note
described in and secured by the Mortgage, and all monies and payments due and to become due
thereon, together with interest thereon from the date of this Assignment of Mortgage.
IN WITNESS WHEREOF, this Assignment of Mortgage and Security Agreement has been
duly executed by Assignor as of July 1, 1999.
(SEAL)
CITY OF CLEARWATER, FLORIDA
a municipal corporation, duly created and
existing under the laws of the State of Florida
ATTEST
By:
City Clerk
Mayor -Commissioner
Approved as to form and
legal sufficiency
By:
City Manager
By:
City Attorney
STATE OF FLORIDA )
) SS
COUNTY OF PINELLAS )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state
and county aforesaid to take acknowledgments, personally appeared
and , the Mayor-Commissioner and City Manager, respectively of the
City of Clearwater, Florida, a municipal corporation duly created and existing under the laws of
the Sate of Florida, respectively, to me known to be the persons described in and who executed
the foregoing Assignment of Mortgage and acknowledged before me that they, as such officers
and with full authority, executed same voluntarily for and as the act of the City of Clearwater,
Florida.
WITNESS my hand and official seal in the county and state aforesaid this_day of
, 1999.
(SEAL)
Name:
Notary Public, State of Florida
My Commission Expires:
Personally Known 0 or Produced Identification 0
Type of Identification Produced
2
CONSENT TO ASSIGNMENT OF MORTGAGE
The undersigned hereby consents to the assignment of that certain Mortgage and Security
Agreement, executed by the undersigned and dated as of July 1, 1999, from the City of
Clearwater, Florida to First Union National Bank, as Trustee, by and pursuant to the Assignment
of Mortgage to which the consent is attached.
Signed and acknowledged
in the presence of:
BEF INC., a Florida not-for-profit
corporation
By:
Title: President
Attest:
Title: Secretary
Witnesses as to BEF Inc., a Florida not-for-
profit corporation
STATE OF FLORIDA )
) SS
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before this day of
1999 by and the President, and
Secretary respectively, of BEF Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and seal as of this_day of
, 1999.
(SEAL)
Name:
Notary Public, State of Florida
My Commission Expires:
Personally Known 0 or Produced Identification 0
Type of Identification Produced
3
EXHIBIT A
LEGAL DESCRIPTION