STATION SQUARE, LLC AND COMMUNITY REDEVELOPMENT AGENCY
Prepared by and Return to:
Law Offices of David E. Platte
David E. Platte, Esquire
603 Indian Rocks Road
Belleair, Florida 33756
Our File Number: 04-6726
For official use bv Clerk's office only
STATE OF Florida
COUNTY OF Pinellas
)
)
.r-- ) .
THIS INDENTURE, made this j,C; day of August, 2004, between Community Redevelopment Agency a/kla The Community
Redevelopment Agency of the City of Clearwater, Florida, a public body corporate and politic of the State of Florida created pursuant
ofPart III, Ch 163 Fla. Stat. (the "Agency"), whose mailing address is: 112 S. Osceola Avenue, Clearwater, FL 33755, party of the
first part, and Station Square, LLC, a Florida limited liability company, whose mailing address is: 639 Cleveland Street, Suite 310,
Clearwater, FL 33755, party/parties of the second part,
WIT N E SSE TH:
First party, for and in consideration of the sum ofTEN AND NO/I00 DOLLARS ($10.00) and other valuable considerations,
receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, aliens, remises, releases, conveys and confirms unto second
party/parties, his/her/their heirs and assigns, the following described property, towit:
SPECIAL WARRANTY DEED
Lots 4 through 10, inclusive, in Block 19 of GOULD AND EWING'S 1 ST AND 2ND ADDITIONS TO
CLEARWATER HARBOR FLA., according to the plat thereof as recorded in Plat Book 1, page 52, public
records of Hills borough County, Florida, of which Pinellas County was formerly a part.
Subject, however, to all covenants, conditions, restrictions, reservations, limitations, easements and to all applicable zoning
ordinances and/and restrictions and prohibitions imposed by governmental authorities, if any.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the party of the first part hereby covenants with said party of the second part, that it is lawfully seized of said land in fee
simple: that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and
will defend the same against the lawful claims of all persons claiming by, through or under the party of the first part.
IN WITNESS WHEREOF, first party has signed and sealed these present the date set forth on April 1, 2004.
Signed, sealed and delivered
in the presence of:
Community Redevelopment Agency a!kIa The Community
Redevelopment Agency of the City of Clearwater, Florida, a
public body corporate and politic of the State of Florida created
pursuant to Part III Ch 163 Fla. S ., (the "Agency")
(Corporate Seal)
State of Florida
County of Pine lias
. . '111
THE FOREGOING INSTRUMENT was acknowledged before me thi~ day of August, 2004 by Brian J. Aungst, Chairperson of
Community Redevelopment Agency a!kIa The Community Redevelopment Agency of the City of Clearwater, Florida, a public body
corporate and politic of the State of Florida created pursuant to Part Ill, Ch 163 Fla. Stat. (the "Agency"), who is_p~r_sQ!!.ally known to
me gr who has produced as identification.
tI::u., ",,,,fit l2Lt'.~
N ar/ Public
Ke~Uln . H. ~0.jIW
Print otary Name
~~ Regina M. DeWItt
..~ i My CornmiIIlon 00315373
~..,.' Expkes May 02. 2008
My Commission Expires:
Notary Seal
DEED - Special Warranty Deed - Corporate
Closers' Choice
~
Prepared by and return to:
David E. Platte, Esquire
603 Indian Rocks Road
Belleair, Florida 33756
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS
THAT COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER,
FLORIDA, the holder of a certain mortgage given by STATION SQUARE,
LLC, A FLORIDA LIMITED LIABILITY COMPANY, to COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY O"F CLEARWATER, FLORIDA, dated
August 25, 2004 and recorded August 26, 2004 and recorded in
Official Records Book 13791, page 2113, in the office of the Clerk
of the Circuit Court of Pinellas County, State of Florida, given to
secure the sum of SEVEN HUNDRED TWENTY THOUSAND NO/100
($720,000.00), upon the following described property, situate,
lying and being in pinellas County, State of Florida, to wit:
Lots 4 through 10, inclusive, in Block 19, , of GOULD
AND EWING'S 1sT AND 2ND ADDITIONS TO CLEARWATER HARBOR
FLA., according to the map or plat thereof as recorded in
Plat Book I, page 52, of the Public Records of
Hillsborough County, Florida, of which Pinellas County
formerly a part.
have received full payment of said indebtedness, and does hereby
acknowledge satisfaction of said mortgage, and hereby directs the
Clerk of the said Circuit Court to cancel the same of record.
WITNESS my hand and seal this ?J rQ day of ~~, 2005.
COMMUNITY REDEVELOPMENT AGENCY
OF THE ~F CLEARWATER,
FLORI DA
BY: ~
Rodney H. Irwin
AS ITS: eRA Executive Director
STATE OF FLORIDA
COUNTY OF PINELLAS
3(6)
the
CITY OF
or who
The foregoing instrument was acknowledged before me this
day of tJi)\J~\oz.r, 2005, by ~0 Q... X-r~\ 0.
l;:")c..e..c....~.~('of COMMUNITY REDEVELOPMENT AGENCY OF THE
CLEARWATER, FLORIDA, who is personally known to me
produced as identification.
.~~r--
Notary Public . \I
My Commission Expires:
(AFFIX NOTARY SEAL)
...."~ SANDRA HARRIGER
f!;A..fiii,~*\ MY COMMISSION /I DO 278716
~.~1 EXPIRES: January 4, 2008
~iir:.\\.~' Bonded Thru Nolary Public UndeIwIiIors
My Commission Expires:
>6.-.'J
/
A.
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
B. TYPE OF LOAN
I. DFHA 2. DFMHA 3. D CONY. UNINS.
Law Offices of David E. Platte
603 Indian Rocks Road
Belleair, Florida 33756
727-461-0420 fax: 727-461-5655
4. OVA
5. 0 CONV. INS.
6. File Number:
7. Loan Number:
04-6726
8. Mongage Ins. Case No.:
C. NOTE: Thisform isfurnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
(p.o.c.) were paid outside the closing. They are shown here for informational purposes and are not included in the totals.
Station Square, LLC, a Florida limited liability company
639 Cleveland Street, Suite 310
Clearwater, FL 33755
~qtpmun~tRfdevf'f8~fa~Agency a/kIa The Community Redevelopment Agency of the City of
t'r'2~~ceoia Avenue
Clearwater, FL 33755
Community Redevelopment Agency
D. Borrower:
E. Seller:
F. Lender:
H. Settlement Agent:
Place of Settlement:
I. Settlement Date:
16/29/15/32292/019/0040
Clearwater, Pinellas County, Florida 33755
Lots 4 through 10, inclusive, in Block 19 of Gould and Ewings 2nd addition to Clearwater Harbor Pinellas
County, Florida
Law Offices of David E. Platte
603 Indian Rocks Road, Belleair, Florida 33756 Pinellas County
August 25, 2004
G. Property:
J. Summary of Borrower's Transaction K. Summary of Seller's Transaction
tOO. Gross Amount Due From Borrower: 400. Gross Amount Due To Seller:
101. Contract Sales Price 720,000.00 401. Contract Sales Price 720,000.00
102. Personal Property 402. Personal Property
103. Settlement Charges to Borrower (line 1400) 4,715.00 403.
104. 404.
105. 405.
Adjustments for Items Paid bv Seller in Advance: Adjustments for Items Paid bv Seller in Advance:
106. City / Town Taxes 406. City / Town Taxes
107. County / Parish Taxes 407. County / Parish Taxes
108. Assessments 408. Assessments
109. 409.
110. 410.
120. Gross Amount Due from Borrower: 724,715.00 420. Gross Amount Due to Seller: 720,000.00
200. Amounts Paid by or in Behalf of Borrower: 500. Reductions in Amount Due to Seller:
201. Deposit / Earnest Money 501. Excess Deposit (see instructions)
202. Principal Amount of New Loan 720,000.00 502. Settlement Charges to Seller (Line 1400) 9,245.00
203. Existing Loan(s) 503. Existing Loan(s)
204. 504. Payoff of First Mortgage to
205. 505. Payoff of Second Mortgage to
206. 506. Purchase Money Mortgage to 720,000.00
207. 507.
208. 508.
209. 509.
Adiustments for Items Unnaid by Seller: Adjustments for Items UnDaid bv Seller:
210. City / Town Taxes 510. City / Town Taxes
211. County / Parish Taxes 511. County / Parish Taxes
212. Assessments 512. Assessments
213. 513.
214. 514.
215. 515.
216. 516.
220. Total Paid bv / for Borrower: 720,000.00 520. Total Reductions in Amount Due Seller: 729,245.00
300. Cash at Settlement from / to Borrower: 600. Cash at Settlement to / from Seller:
301. Gross Amount due from Borrower (line 120) 724,715.00 601. Gross Amount due to Seller (line 420) 720,000.00
302. Less Amount Paid by/for Borrower (line 220) 720,000.00 602. Less Reductions Amount due Seller (line 729,245.00
520)
303. Cash From Borrower: $4,715.00 603. Cash From Seller: $9,245.00
HUD-I April 2003
AlIgllsI 20, 2004 10:36 AM
OMB No. 2502-0265
RESPA handbook 4305.2
..:'
,.'7
Settlement Date:August 25,2004
File Number: 04-6726
L. Settlement Charges
70.0.. Total Sales I Broker's Commission: Paid from Paid from
Based on Price $720.,0.0.0..0.0. Borrower's Seller's
Division of Commission as follows Funds Funds
701. at at
702. Settlement Settlement
703. Commission Paid at Settlement
80.0.. Items Payable in Connection with Loan:
80 I. Loan Origination Fee to Community Redevelopment Agency
802. Loan Discount to Community Redevelooment Agency
803. Appraisal Fee
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. Assumption Fee -
808. Tax Service Fee to Community Redevelooment Agency
90.0.. Items Required by Lender to be Paid in Advance:
90 I. Interest from Aug 25, 2004 @ 0.0000 / day
902. Mortgage Insurance Premium
903. Hazard Insurance Premium
904. Flood Insurance Premium
10.0.0.. Reserves Deposited with Lender:
1001. Hazard Insurance
1002. Mortgage Insurance
1003. City Property Taxes
1004. County Property Taxes
1005. Annual Assessments
lIDO.. Title Chare:es:
1101. Settlement or Closing Fee to Law Offices of David E. Platte 150.00 150.00
1102. Abstract or Title Search to Commonwealth Land Title Insurance Company 325.00
1103. Title Examination to Law Offices of David E. Platte 50.00 50.00
1104. Title Insurance Binder
1105. Document Preparation
1106. Notary Fees
1107. Attorney Fees
(includes above item numbers:
1108. Title Insurance to Commonwealth Land Title Insurance Company to Law Offices of David
E. Platte 350.00 3,675.00
(includes above itemnumbers: ,..-___u .-.~-_._--_..-~---~._---~----------_._------_.._- --~-_."_. ~----- --.... - o ~,,_ ,.-...-- __u" .
II09...l-.eflde!:s~G~~1"age_____~~Q90.QQ~_~sk Premium 25.00
1110. Owner's Coverage 720,000.00 Risk Premium 3,675.00 ..--------.--- 1----.- .-_.-.---~--..
1111. Courier Fees/Overnight Mailing
1200._Qo_"e.I'111Tl~!.~e-c..o.rdLng-ll-n-cl]ra nsfer Cha ~~: -----.--- ._--~-_.._-_.._- -----.....-
J.2_Ql.}~..~<:O!c1il1_g.~<:.es.:_~______ Dee_~..J!50 Mortg,age 86.50 Releases 0.00 105.00
___n___ --..- ""-.-- -_._~_._----,.__._---- . .---- .. ._~..--
1202. City/County_ta_x/staml'.s.:._.__Q~ed ___~QP__~~r:tg!ige 0.00
_0 ___ ------....--- f--.--..-oo--....--. -
1203. State tax/stamps: Deed 5,040.00 Mortgage 2,520.00 2,520.00 5,040.00
1204. Intangible Tax to Clerk of the Circuit Court 1,440.00
1205.
130.0.. Additional Settlement Charges:
130 I. Survey to Eagle Consultants 100.00
1302. Pest Inspection
1303. Special Assessment Search to City of Clearwater 5.00
140.0.. Total Settlement Charges (Enter on line 10.3, Section J and line 50.2, Section K) $4,715.0.0. $9,245.0.0.
dement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
e 'tnis transaction. I further certify that I have received a copy ofHUD-1 Settlement Statement.
Seller:
Seller:
's a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in
Settlement Agent:
David E. Platt Esquire
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can
include a fine or imprisonment. For details see: Title 18 U.S. Code Section 100 I and Section 1010.
Date: August 25, 2004
File No.: 04-6726
llUD-l April 2003
August 20. 2004 10:49 AM
OMR No. 2502-0265
RESP A handbook 4:105.2
Prepared by and
RETURN TO:
David E. Platte, Esq.
603 Indian Rocks Road
Belleair, FL 33756
OR BOOK 13791
PAGE 2113
MORTGAGE DEED
THIS MORTGAGE, made this eX 1 day of ;1UftJSt- 2004 by and
between STATION SQUARE, LLC, a Florida limited/liability company,
hereinafter referred to as the "Mortgagor" , and COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA,
hereinafter referred to as the "Mortgagee", which terms as used
herein every instance shall include the Mortgagee's successors,
legal representatives and assigns.
WIT N E SET H
WHEREAS, the Mortgagor is justly indebted to the said
Mortgagee in the aggregate sum of SEVEN HUNDRED TWENTY THOUSAND
AND NO/100 DOLLARS ($720,000.00), lawful money of the United Sates
of America, for money actually loaned to the Mortgagor, and which
loan is evidenced by a certain promissory note of even date
herewith in said amount, made by the Mortgagor to this Mortgagee,
a copy of said promissory note being attached hereto and made a
part hereof as Exhibit "A".
NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration in hand
paid by the Mortgagee, receipt whereof by the Mortgagor is hereby
acknowledged, and also for the better securing of the payment of
the said sum of money mentioned in said promissory note, and the
covenants and agreements hereinafter contained, the said Mortgagor
has granted, bargained, sold and conveyed unto the said Mortgagee
that certain lot, piece or parcel of land lying and being in the
County of Pinellas, State of Florida, described as follows:
SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
ALSO all additions, replacements, and improvements to any of
the foregoing, and all property of a like nature to any of the
foregoing, acquired by the Mortgagor subsequent to the date of
this Mortgage.
TOGETHER WITH all and singular the tenements, hereditaments,
and appurtenances thereupon belonging or in anywise appertaining,
and the rents, issues and profits thereof and also all the estate,
right, title, interest, homestead, dower and right of dower,
separate estate, possession, claim and demand whatsoever, as well
in law as in equity, of the said Mortgagor in and to the mortgaged
property and every part thereof, with the appurtenances.
(All of the forgoing, whether consisting entirely of real
property, or entirely of chattels, or of both real estate and
chattels, is hereinafter, for convenience, called the "mortgaged
property") .
TO HAVE AND TO HOLD the mortgaged property, and every part
thereof, unto the Mortgagee forever.
PROVIDED ALWAYS, and this mortgage is on the express
condition that if the Mortgagor shall payor cause to be paid all
of the monies mentioned in said promissory note, and the interest
thereon all at the times and in the manner as therein agreed to be
paid, according to the true intent and meaning thereof, and shall
pay all other sums provided to be paid by this mortgage and shall
perform and abide by all the covenants and agreements herein and
in said note contained, then these presents shall be void and the
estate herein and hereby granted shall cease and determine.
AND SAID MORTGAGOR does hereby covenant with the Mortgagee
that said Mortgage at the time of the ensealing and delivery of
these presents is the absolute owner of and indefeasibly sized of
said mortgaged property in fee simply; that said Mortgagor has
good right, full power and lawful authority to grant, bargain,
sell and convey the same in the manner and form aforesaid; that it
shall be lawful for the Mortgagee at all times hereafter peaceably
and quietly to enter upon, hold, occupy and enjoy said mortgaged
property and every part thereof, and the appurtenances; that sald
mortgaged property, and every part thereof, is. free and clear of
all other and former liens, assessments, charges, judgments,
taxes, tax titles and/or certificates, and encumbrances, of every
kind and nature except such as may be herein specifically
mentioned; that said Mortgagor does fully warrant the title to
said mortgaged property, and every part thereof, and will forever
defend the same against the lawful claims of all persons
whomsoever.
AND THE MORTGAGOR does hereby further covenant, promise and
agree, to and with the Mortgagee, as follows:
1. To pay promptly as they severally become due all and
singular the payments of principal and interest and other sums of
money payable by virtue of said promissory note or any renewal or
extension thereof; to pay all and singular the costs, fees,
charges and expenses, including costs of securing abstracts or
other evidence of the status of the title of the mortgaged
property reasonable attorney's fees, which the Mortgagee may be
put to or incur in collecting any sums, either of principal and
interest, secured hereby, or in protecting the Mortgagee's
security, whether by suit or otherwise; to permit, commit or
suffer no waste, impairment or deterioration of said property or
any part thereof; to permit nothing to be done to said mortgaged
property that may in any way weaken or impair the security under
this mortgage; to perform, comply with and abide by each and every
of the covenants, agreements and conditions of said promissory
note and of this mortgage.
2. To keep the above described premises in first class
repair and in as good condition as they now are; to permit the
Mortgagee to enter upon and view said premises. The buildings now
located on premises herein or which may hereafter be located or
erected thereon shall not be relocated thereon or removed
therefrom, altered or remodeled without the written consent of the
Mortgagee; and in case of breach of this condition, the parties so
doing or the Mortgagor shall be liable to the Mortgagee for any
damage done or impairment of the property securing this mortgage;
and this mortgage and the note or notes secured hereby shall, in
its or their entirety, become immediately due and payable at the
option of the Mortgagee. this mortgage lien extends to any
building now situated or which may hereafter be situated or
located on said premises and to materials composing said building,
whether attached or detached to the real estate herein; and in
case of the removal of any building now located on said premises
or which may hereafter be located thereon or of the material
composing same during the term of this mortgage to some other
premises, the lien of this mortgage shall remain and be
enforceable against said buildings or materials wherever same may
be moved or relocated.
3. To promptly obey and comply with all laws and
requirements of any and all duly constituted governmental
authorities; to pay promptly when due all the singular the taxes,
assessments, levies, liabilities, obligations and encumbrances of
every kind and nature that may be levied, assessed or imposed upon
or against said premises, or upon this mortgage or the
indebtedness, secured hereby; to permit no lien to accrue to
remain on said premises, or any part thereof, or on the
improvements thereon, which might take precedence over the lien
herein and hereby created, to deposit with the Mortgagee, on or
before the first day of April in each year, if not already passed
by him, and in any event prior to delinquency, satisfactory
evidence of the payment of all taxes, assessments, public charges
and liens of every nature, affecting or which may affect, the
above described premises or any part thereof.
4. To keep the mortgaged property and the improvements now
or hereafter on said mortgaged property insured against loss by
fire and lightning and against loss resulting from windstorm and
such other insurable hazards as may be required by Mortgagee, in a
company or companies satisfactory to the Mortgagee, in a sum not
less than the insurable value of the mortgage~ property (or such
lesser amount as may be acceptable to Mortgagee), the policy or
policies, with the premiums paid, to be deposited with the
Mortgagee, each policy to contain, or have attached thereto, a
Mortgagee Clause providing for the payment of the insurance
monies, in case of loss, to Mortgagee, such Mortgage Clause to be
in substantially the form of what is generally known as the "New
York Standard Mortgagee Clause", or in such other forms as may be
required by the Mortgagee; to permit the amount of insurance money
paid by any insurance company in case of loss to be applied either
on the indebtedness secured hereby or in rebuilding or restoring
or replacing the destroyed or damaged property, as the Mortgagee
may elect.
S. That if the Mortgagor fails or refuses to thus repair
and/or insure said mortgaged property, or to deliver such
insurance policies, premiums paid, as herein provided, or to pay
and discharge any taxes, assessments, liens charges, encumbrances
or other costs or payments herein agreed to be paid and
discharged, the Mortgagee may, at Mortgagee's option, make such
repairs, procure such insurance or pay and discharge such taxes,
assessments, liens, charges or other costs and that it shall not
be obligatory on the Mortgagee to inquire into the necessity or
validity of such repairs, taxes, assessments, liens charges, or
other costs; that nothing herein contained shall be construed as
requiring the Mortgagee to advance any monies for any of the
purposes aforesaid; that the exercise by the Mortgagee of such
option to advance monies for such purposes shall in no wise waive
or affect Mortgagee's right of foreclosure or any other right or
remedy hereunder; that all monies thus paid shall draw interest at
a rate of eighteen per cent (18%) per annum, and, together with
reasonable attorney's fees, costs charges, and expenses of
securing title search and of foreclosure or other proceedings,
shall be repaid to the mortgagee, on demand, and shall become so
much additional indebtedness hereby secured, and if not otherwise
paid by Mortgagor, shall be paid out of the proceeds of the sale
of the mortgaged property in case of foreclosure as herein
provided.
6. That in the event the Mortgagor should assign the
rents, issues and profits of the mortgaged premises, or any part
thereof, without the consent of the Mortgagee, then the entire
principal sum secured hereby shall, at the option of the
Mortgagee, become immediately due and payable; that the Mortgagor,
to further secure the payment of the indebtedness herein above
described does hereby assign to the Mortgagee, all the rents,
issues and profits of said premises maturing and becoming due
subsequent to and during the pendency of any default in the
payment of any principal or any interest secured or in the
performance of any of the covenants herein contained.
7. If foreclosure proceedings of any first mortgage or
first trust deed, or any lien of any kind inferior to this
mortgage deed should be instituted, the Mortgagee may, at his
option immediately or thereafter declare this mortgage and the
indebtedness secured hereby due and payable.
8. That in case of (a) any default in the making of any
payment of principal or interest, according to the tenor or effect
of said note, or (b) the actual or threatened demolition or
removal of any building on any part of the mortgaged property, or
(c) an actual or threatened destruction of any of the mortgaged
property, or (d) any actual or threatened impairment of the
security hereby granted, or (e) the removal, without Mortgagee's
consent, of any chattels encumbered hereby, from the premises
where the same are now located, or (f) any default in the payment
of the taxes, premiums of insurance or any other sums agreed to be
paid hereunder, as the same shall respectively become due and
payable, or (g) any breach of any of the covenants herein
contained, or (h) any change in the laws of the United States or
of the State of Florida; either by statutory enactment or 'by
judicial decision, whereby the payment of any of the taxes,
assessments, liens or charges herein above described may be
imposed on the Mortgagee, then, and in any of such events, the
entire principal sum hereby secured and the interest thereon, and
any payments which may have been made by the Mortgagee for
repairs, insurance, taxes, assessments, costs, charges, expenses,
abstract or other title evidence, attorney's fees or otherwise,
shall, at the option of the Mortgagee, become immediately due and
payable without further notice and this mortgage may e foreclosed
in the manner and with the same effect, as if the said
indebtedness had otherwise matured. The failure of the Mortgagee
to take any action hereunder subsequent to any such default shall
not constitute a waiver by Mortgagee of such, or any subsequent
defaul t.
9. That in case suit shall be instituted in a competent
court to foreclose this mortgage, the Mortgagee shall be entitled,
as a matter of right, and without regard to the value of the
mortgaged property, or solvency or insolvency of the parties and
without notice, to the appointment of some suitable person or
corporation as a receiver of and for all and singular the
mortgaged property and the income, issues and profits thereof,
such receiver to have the usual powers and duties of receivers in
such cases, including the right to enter upon, receive, recover
and take complete possession of said property and the rents,
income, issues and profits thereof, which shall be applied by such
recei ver according to law and under the direction of the court
making such appointment.
10. That in the event the mortgaged property shall be sold
in foreclosure proceedings or other proceedings that may be
authorized by law, the proceeds of such sale shall be applied as
follows: First, to the payment of all expenses incurred hereunder,
including a reasonable attorney's fee for such services as may be
necessary for the collection of the secured indebtedness or any
part thereof 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 options, terms and
stipulations of this mortgage; Third, to the payment and
satisfaction of said note and the interest thereon.
11. That no waiver of any covenant herein or of the
obligation secured hereby shall at any time thereafter be held to
be a waiver of the terms hereof or of the note secured hereby.
12. That no extension of the time for, or modification of
the terms of, the payments to be made as hereinabove recited and
no release of any part or parts of the mortgaged property, or of
other collateral securing the above described indebtedness, even
though made without the consent of the Mortgagor, shall release,
relieve or discharge the Mortgagor from the payment of any of the
sums hereby secured, but in such event the Mortgagor shall
nevertheless be liable to pay such sums according to the terms of
such extension or modification unless expressly released and
discharged in writing by the Mortgagee.
13. That the mailing of a written notice or demand
addressed to the owner of record of the mortgaged property, or
directed to the said owner at the last address actually furnished
to the Mortgagee, or directed to said owner at said mortgaged
property, and mailed by the United Stated mail, shall be
sufficient notice and demand in any case arising under this
instrument and required by the provisions hereof or by law.
14. That each and everyone of the covenants, terms
condi tions and agreements herein contained on the part of the
Mortgagor to be performed and kept, shall extend to and bind each
and everyone of the Mortgagors if there are more than one, and
each and everyone of their heirs, legal representatives and
assigns, and that the same shall inure to the benefit of the
Mortgagee, and/or heirs, administrators, legal representatives,
successors and assigns thereof. -
15. If the mortgaged property, or any part thereof, be
taken under power of eminent domain for any purpose now or
hereafter authorized by law, the holder of promissory note hereby
secured shall have the right to demand that all compensation and
damages awarded for the taking of or inj ury to the mortgaged
property be paid to it to the extent of the unpaid balance of
principal and interest due on the indebtedness evidenced by said
note and applied on said indebtedness in such manner as said
holder may elect.
16. If a conveyance is made without the Mortgagee's prior
written consent, the Mortgagee may, at Mortgagee's option, declare
all the sums secured by this mortgage to be immediately due and
payable.
17. If any of the sums of money herein referred to are not
promptly and fully paid wi thin ten (10) days after the same
becomes due and payable, same shall be considered a default of
this mortgage and the promissory note, the aggregate sum set forth
in the promissory note then remaining unpaid with interest accrued
to that time and unpaid, and all monies secured hereby, shall
become due and payable forthwith at the option of the Mortgagee.
18. If any conveyance of the property is made without the
Mortgagee's prior wri tten consent, the Mortgagee may, at
Mortgagee's option, declare all the sums secured by this mortgage
to be immediately due and payable.
IN WITNESS WHEREOF, the Mortgagor, on the day and year first
above written, has executed these presents under seal.
"MORTGAGOR"
Yt?/vrcP ~, ?j,!fe
Print Name: r:<
~
~~~n~2Na~~~
ond P. Cassano,
aging Member
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this
~5 day of ~ ' 2004 by RAYMOND P. CASSANO, Managing
Member of STATI QUARE, LLC, a F1Arida limited liability
company, who produced fZ- v.-/" c- as
identification.
~
(NOTARY SEAL)
My commission expires:
fHOHOOLiNDAi(:v&JRCHISIN
: Cj';'D ==
m.IcIIldId"~
FlDlldIi Inll
'-
$720,000.00
Belleair, Florida
Date:
PROMISSORY NOTE
FOR VALUE RECEIVED, the undersigned, ("Borrower") jointly and
severally, promise to pay to the order of COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF CLEARWATER, FLORIDA(}:lereinafter .called
"Holder" or "Note Holder"), at 112 S. Osceola Avenue, Clearwater,
FL 33756 or at such place as the Holder may from time to time
designate in writing, the principal sum of SEVEN HUNDRED TWENTY
THOUSAND AND NO 100/DOLLARS($720,000.00), together with interest
on the unpaid principal balance from the date hereof until
maturity.
The interest rate shall be four percent (4%) per annum. All
principal and accrued interest are due on the earlier of (i) upon
Borrower obtaining and closing on an acquisition and or
construction loan from a lender obligated to loan Borrower all
funds necessary for the acquisition, development and construction
of the Station Square Project, as that term is defined in the
Agreement for Development and Disposition of Property (Station
Square Development) dated February 17, 2004; or (ii) the one year
anniversary of this Note.
Privilege is reserved to prepay, at any time, all or any
parts of the indebtedness due hereunder without premium or fee but
any prepayment during anyone month shall not excuse the adjusted
principal and interest payment due the next month.
This note has been executed and delivered in, and the terms
and provisions are to be governed and construed by the laws of the
State of Florida and is secured by mortgage on real estate of even
date herewith.
It is agreed that time is of the essence and if any payment
under this Note is not paid when due, then after 30 day prior
written notice, the entire principal amount outstanding and all
accrued interest thereon shall at once become due and payable at
the option of the Note Holder. The Note Holder may exercise this
option to accelerate during any default by Borrower regardless of
any prior forbearance. If suit is brought to collect this Note,
the Note Holder shall be entitled to collect all reasonable costs
and expenses of suit, including, but not limited to reasonable
attorney fees.
EXHIBIT "A", page 1 of 2
Presentment, notice of dishonor, and protest are hereby
waived by all makers, sureties, guarantors and endorsers hereof.
This Note shall be the joint and several obligation of all makers,
sureties, guarantors and endorsers, and shall be binding upon them
and their successors and assigns.
IN WITNESS WHEREOF, the undersigned have caused this note to
be executed on the day and year first above written.
STATION SQUARE, LLC, a Florida
liability company
.- -
By: (7
'1ayrnond P. Cassano,
Managing Member
EXHIBIT nAil, page 2 of 2
Prepared by: ·
David E.. Platte, Esquire
Law Offices of David E. Platte
603 Indian Rocks Road
Belleair, Florida 33756
File Number: 04-6726
EXHIBIT "B"
Lots 4 through 10, inclusive, in Block 19 of GOULD AND EWING'S 1 ST AND 2ND ADDITIONS TO
CLEARWATER HARBOR FLA., according to the plat thereof as recorded in Plat Book I, page 52, public records
of Hillsborough County, Florida, of which Pinellas County was formerly a part.
DEED Individual Warranty Deed with Legal on Schedule A
Closers' Choice
~,-~' -*
$720,000.00
BOOK 13791
PAGE 2119
Belleair, Florida
Date: 8/25/04
PROMISSORY NOTE
FOR VALUE RECEIVED, the undersigned, ("Borrower") jointly and
severally, promise to pay to the order of COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF CLEARWATER, FLORIDA (hereinafter called
"Holder" or "Note Holder"), at 112 S. Osceola Avenue, Clearwater,
FL 33756 or at such place as the Holder may from time to time
designate in writing, the principal sum of SEVEN HUNDRED TWENTY
THOUSAND AND NO lOO/DOLLARS($720,OOO.00), together with interest
on the unpaid principal balance from the date hereof until
maturity.
The interest rate shall be four percent (4%) per annum. All
principal and accrued interest are due on the earlier of (i) upon
Borrower obtaining and closing on an acquisition and or
construction loan from a lender obligated to loan Borrower all
funds necessary for the acquisition, development and construction
of the Station Square Project, as that term is defined in the
Agreement for Development and Disposition of Property (Station
Square Development) dated February 17, 2004; or (ii) the one year
anniversary of this Note.
Privilege is reserved to prepay, at any time, all or any
parts of the indebtedness due hereunder without premium or fee but
any prepayment during anyone month shall not excuse the adjusted
principal and interest payment due the next month.
This note has been executed and delivered in, and the terms
and provisions are to be governed and construed by the laws of the
State of Florida and is secured by mortgage on real estate of even
date herewith.
It is agreed that time is of the essence and if any payment
under this Note is not paid when due, then after 30 day prior
written notice, the entire principal amount outstanding and all
accrued interest thereon shall at once become due and payable at
the option of the Note Holder. The Note Holder may exercise this
option to accelerate during any default by Borrower regardless of
any prior forbearance. If suit is brought to collect this Note,
the Note Holder shall be entitled to collect all reasonable costs
and expenses of suit, including, but not limited to reasonable
attorney fees.
J;.___ ~ '!:
Presentment, notice of dishonor, and protest are hereby
waived by all makers, sureties, guarantors and endorsers hereof.
This Note shall be the joint and several obligation of all makers,
sureties, guarantors and endorsers, and shall be binding upon them
and their successors and assigns.
IN WITNESS WHEREOF, the undersigned have caused this note to
be executed on the day and year first above written.
STATION SQUARE, LLC, a Florida
liability c~mp~_