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Permit Mech Walk in Cooler 363 Atlantic 2011 0 e1 , , h 'S CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD J 11 m ATLANTIC BEACH, FL 32233 INSPECTION PHONE LINE 247 -5814 "" r1F319. Application Number 11- 00002370 Date 9/07/11 Property Address 363 ATLANTIC BLVD UNIT 01 Application type description MECHANICAL HVAC ONLY Property Zoning TO BE UPDATED Application valuation . . . 10000 Application desc COOLER 10 X 15 /COOLER COMBO Owner Contractor SHOPPES OF NORSHORE LLC RICKY WILLIAMS HEATING & AIR PO'S RESTAURANT CONDITIONING INC ATLANTIC BEACH FL 32233 5507 -100 FIRESTONE RD JACKSONVILLE FL 32244 Permit MECHANICAL HVAC PERMIT Additional desc . Permit Fee . . . 127.00 Plan Check Fee .00 Issue Date . . . Valuation . . . . 0 Expiration Date . 3/05/12 Other Fees STATE MECH DCA SURCHARGE 2.00 STATE MECH DBPR SURCHARGE 2.00 Fee summary Charged Paid Credited Due Permit Fee Total 127.00 127.00 .00 .00 Plan Check Total .00 .00 .00 .00 Other Fee Total 4.00 4.00 .00 .00 Grand Total 131.00 131.00 .00 .00 PERMIT IS APPROVED ONLY IN ACCORDANCE WITH ALL CITY OF ATLANTIC BEACH ORDINANCES AND THE FLORIDA BUILDING CODES. L nBaker Baker" K lein Engineering, PL. ein STRUCTURAL. ENGINEERING SERVICES ERING, August 1, 2011 Mr. Mike Bressler Urban Partners Construction 4230 Pablo Professional Ct. Ste. 103 Jacksonville Beach, FL 32224 RE: Poe's Tavern Walk -In angle for wall support (BKE Job No. 11 -145) Dear Mr. Bressler: A site visit and inspection was performed at the above - referenced address on Friday, August 5, 2011. Our visit was to visually observe the concrete masonry unit (CMU) wall that was partially removed for an opening and determine if the wall above needs support. The opening span is approximately 12 -feet wide. We recommend that a double angle min. 6x3.5x5/16" be installed on each side of the block and bolted thru the CMU with 3 /4" diameter threaded rods at six locations as directed in the field. Should you have any questions or need additional information, please call me directly at 904 - 356 -8520. Sincerely iI ara G. Bak -r, 'E Structural Engineer FL License No. 60000 REVIEWED FOR CODE COMPLIANCE CITY OF ATLANTIC BEACH SEE PERMITS FOR ADDITIONAL REQUIREMENTS AND CONDITIONS. / • REVIEWED BY: DATE: ( — VI/ I FILE coP�� t 1334 Walnut Street Jacksonville, Florida 32206 (904) 356 -8520 Phone (904) 356 -8524 Fax CA# 26227 p (7 b APPLICATION NUMBER h ill \i b (To be assigned by the Building Department.) ib ) // — 3 7 247 - 5845 n �/ L Q_ob 1� Date routed: f� Arf-li fo 3 ppi" ✓IEW AND TRACKING FORM � P ` e! b 6. D AS ._-_• _ - nt review required Yes No A c9/\":„._____A h mii i....r: - .1.0,rm ••�•. rator Project: r v P / [ SC/ j Z IP re r Po 'S -0 , �,,.� �.,..,.�..�.- - Pu • idow n,. • ._n - m „ � n 1 (”" , 6 f o t Other Agency Review or Permit Required Review or Receipt Date 3 of Permit Verified By rr ' *� Florida Dept. of Environmental Protection al Florida Dept. of Transportation St. Johns River Water Management District i t Army Corps of Engineers !v Division of Hotels and Restaurants a / 1), i ' " /� t Division of Alcoholic Beverages and Tobacco i r l' 2 t' Other: ` Y 4 AP ; . ATION STATUS Reviewing Department First Review: , ; pp � I A roved. (Circle one.) Comments: BUILD!r G 4 .5f pl.h AiZ ✓4-; - 15 5e- -6,,tefr 6 4044444-to PLANNING & ZONING Reviewed by: f` i' Date: 1 -7C ( - -- 1 TREE ADMIN. Second Review: [Approved as revised. [Denied. PUBLIC WORKS Comments: PUBLIC UTILITIES 1 LCe 0\—(■—c--k" `1/ 9 PUBLIC SAFETY Reviewed by: D e: FIRE SERVICES Third Review: Approved as revised. [Denied. Comments: Reviewed by: Date: Revised 05/14/09 . s1-.N0, City of Atlantic Beach APPLICATION NUMBER v ' Building Department (To be assigned by the Building Department) 800 Seminole Road ��_ s Atlantic Beach, Florida 32233 -5445 Phone (904) 247 -5826 • Fax (904) 247 -5845 // ortl>'' E -mail: building- dept©coab.us Date routed: 7 .2- City web -site: http: //www.coab.us APPLICATION REVIEW AND TRACKING F 6 I- 26 Property Address: % ' � -� D p rty ddress � �i:� -�� - Department review required Yes ' No Applicant: ei--t,D---x_ l a ' is nnin 8t Zoni f/ a oidet,/di �� trator s Project: Public Works Public Utilities Public Safety Fire Services Revietn lieu; a ` : lg # .., r ,1,446 7 d '99iv�R+ii. ' Other Agency Review or Permit Required Review or Receipt Date of Permit Verified By s .. 4 , - Florida Dept. of Environmental Protection Florida Dept. of Transportation St. Johns River Water Management District Army Corps of Engineers Division of Hotels and Restaurants Division of Alcoholic Beverages and Tobacco Other: [ (�7 (�(� - 6@ - l'J 11 7 APPLICATION STATUS LI JuL 2 9 Lull Reviewing Department First Review: Approved. ❑Denied. - - � (Circle one.) Comments: B de Y BUILDING PLANNING & ZONIN 1(� Date: 8 / / /2-0// Reviewed by: TREE ADMIN. Second Review: DApproved as revised. ['Denied. PUBLIC WORKS Comments: PUBLIC UTILITIES PUBLIC SAFETY Reviewed by: Date: FIRE SERVICES Third Review: ['Approved as revised. ❑Denied. Comments: Reviewed by: Date: Revised 07/27/10 TO:92475845 P:1/1 MRY -23 -2011 11:28 FROM: CLERK OF COURTS 904 270 1512 — _ _ _. • NOTICE OF COMMENCEMENT Permit No. I( • o040Qo f q Tax Folio No. 11.976- 0e30 State of Florida, County of Duval THE UNDERSIGNED hereby give notice that the bnprovement will be made to certain teal In eoeordanae with Chapter 713, Florida Statutes, the following Infra-melon is provided in this Notice of Contm� I. Description of , . (lop! description of ....• attdaddtr ss ifavatlable)r . :_1 .0 —_ 1. - — fekt.irr ,' RIM ,G AO c. %Ma.P sza3g, 2. General Description of i : " .44 - I N✓ .4 ,.2.v . t. eV = 4¢777. _ _ - I �e. - . -: r ig v �' - .. y/ text. - /y f , 3. Owner In • ation: 7 a) Name and Address: w o ' .. .. , _ _ e • tea 4. ' ' • - b) interest in property: • Sri d- , `u 4 ;sot 3.W0/60 c) Name and address o£ simp&e titleholder (if other dean owners • 4. Contractor information: a) Namc and Address: t_l - A. ,. ,_ . ,.. ,. �' • , . 1 . �• ,•1e. Irk_ b) Phone Number: 4cyia'7t3-. 0 _ J sa+a' ,F 1 3 bill 5. Surety Information: . a) Name aird Address: b) Phone Number: _ c) Amount of Bond: S • S. Lender Information: a) Name and Address: b) Phone Number:. 7. Person within the State of Florida designated by owner upon whom notices or other documents mriy be sawed as provided by 713.13 (l)(a) 7, Por•id:r Statutes: a) Name and Address: _ b) Phone Numbers of Aesignaled Person: • 8. In addition to hinaself/herseif, Owner designates of , to' receive a copy of the Lienor's Notice as provided in Section 713.13 (1) (b), Florida Statutes. a) Name and Address: b) Phone Number of person or entity designated by ov • • 9 Expiration date of Notice of Commenccrnent(ITte expiration date is arse (1) year from the date of Recording m a different date is specified: WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE . NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER. PAYMENTS UNDER CHAPTER 713, PART I. SECTION 71113- FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWIG •FOR IMPROVENIEN'TS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION: W YOU NTEND TO 'OBTAIN FINANCING, CONSULT WITH YOUR. LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR. NOTICE OF COMMENCEMENT. . . . The foregoing instrument was acknowledged before me this 18 day of, / ►' , 201 i :; .r.�'e'� �� . rte t •,...: 4 '. . , . • , .. ,�. ¢ ct �' Notary PubrIC 0 A .. _, A s - _ - , • e, '. •,. !Cathleen M IJ9el� Print Name . ! + t'Q ._ v n k .. .ip "r 1 ' Expirei • 26, 2018 A Persoatally.Known • ' 137dentifrcat _... • Verification pursuant to Section 92.525, Florida Statutes. Under r- fotegoiagand that the facts Metal in it ars true to the beef '' uoe >t 20 + i 1•31519. 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'' -. . • I + ' I 0000 _ N, _000 0. 1 111 .[9[ - •11110 W ONWf - ._.�_�7C .'•I 1 I .•t INN - • 0 O o ...--- i. .." -1 4 1,k ; i/ :-47 9/ 107 -_ \ ' ppdd� 1 r I 3 ' p � . � 8 0 liii 1w91T I 0 • , • '[� Wro '61 A* J O , a CO - 9113811+ 11811 +9� 1r3 91*V • 1 . �j - _ �){1 L/ .107 If . 11/ 107 IO 6/ 407 OZ .107 I..," 131.1 I • a ,1 s 0 q O ",-r,,,, »' 4i,, i s z • 3/" ' oo 111'0 00,111.£9 si yy • 8,1W - um 1 11 08 101318 6 „20980180) �i ®wm� ' �, ® 4!!11118 ®® �, � 8� � � MO ERE dal I . . \ aa l „ ip l30 8)38 N J / • . 14x11+11 VY , • ,� 1 f) I J ,- N � le ' i1i ,1'09 : O /l F I 1 \ i I 8" Z,�(Vgfs .I 0110 1.'11 F/ 107 , S/ 107 .b 1. 801118313 3 ! 1 '- . re 11011 111x4 11 40018 03851.18 I .N IN1 h0018 04S) - 1 .1. UN() „ S8 ° -�' o Ael NOSVVI AN016 1 'x' i •33 / A 410 - 1 � / \\ ^.�.. o$ i i rog -- _ 00 - - - - 1 • T a III • 13 111+ +sY 1111 M 1 ' 11 ' ' )0 ill 1'1w ' 9 WY 1 �i n 10 100 1,..11..4 '3 .00.61+ •fi ' 'N w.. 1,. N - 811 (038!.3 M /1- 1 N 2i 3 H i I 3 3 '5987 80 88011 1'IIWIY,4NnI 10801,4 '114,x8 ' '(4(.1)1) Au s8al"a 311884 193188 111$0 1{:14.4% )(.41)3(.L11 .v. NOISIAl0009 ' 11' 11 00 ' 61 4SV $1111 30 ,1 323 . 101 1,18' ' '1 l c .- ' I I ' U l 6 1I1tl' 1 y ll ,I,U' 411 ' A I ' co l L1 1, 111 ��MpNS ' ula•a' 40 )3mbns JUL-20-2011 15:21 FROM:RICKY WILLIAMS HEATI 9045731441 TO: 2475845 F.5 MECHANICAL PERMIT APPLICATION CITY OF ATLANTIC BEACH 800 Seminole Rd Atlantic Beach, FL 32233 /\ Ph (904) 247-5826 r (904) 247-534VS JOB ADDRESS: 3G Ai larrh"C BI\Jci. A1.1,,,lic.e-,,,,i rt.. PERMTT # 1 PROJECT VALUE $ ,--c / O 0 g a • loa 1 NEW jt f ! '1 INDITIfiNFINC Sr. -I!! ATING SVSTFM INSTALLATION Air Conditioning: Unit Quantity Tcinq Per tinii Heat: Unit tI.. ' --.'.. 1 ;: H . :ii- i flii Seer Rating_ Duct Systems: Total CFM - REQUIRED REPLACEMENT AIR CONDITiOriING & iiEATiriCi SYSTEM iriS ARI # . . . 7:4 Heat: Unit Quantity BTU's Per Unit Se Rating Duct Systems: Total CFM REQUIRED t tiltr.. t'Rii! =4.1 i tON Qttantity (Requires 3 sets of plans) Fire gill:LI Ir. ir!..! Quanmy (Requires 3 sets of p!'!' U nder -- .. ..... 1 r:- 7 s f'''Ll 17..,1— -- . • . 1 =V: Ili:5Z Cabinets , .. 4. 14...,"■.:E;7 Mi gliireS 3 sets of plans') • - - — ..' -' 7zIods -*- ,.......,,, jtz.quire s 3 sets of plans) Fire Suppret Systems n, tomtit% - ' - - — - — - . 7.4.67 r4.- r & .4 de . Gas Piping Outlet. de BOHCI:. .• . . 3, . ■ ) 1 ■ . S EleVatO r ' ■7 . . .. ... 4. ` ...., ..1.1 , • • •1 IP. 41,11 II 1• Inalrwvarga ir or : . - —I F'Aanger --- 4 Wall nil Refn Con # Water Heatcry Sob. Cf."11 i.;.:„ t ____:: Cord "'I� & rain- A150-CEV 03.0 - Its (gallons) 1 P' 41 LA R L CIA 4.(0a-A6 ‘,•':-iis 0 , OTIL-1 01410 new 10)c15 C Oolci/Cpptcc Corn h 1).,opo BTU's Penult bet , e •... :.:-..."---'-- 1:11:1 .71, ; t! .... : , e IL :. t ..■ :1 : .7 A e .... '. .71 .' .. 7 :...: ..f. ......_ .„. ....,,:,,.....:, ....-,.',.. ,..;:! l,... ...: with whother specified 1 r - 7113' dr..cs iv.: mit!..1!: tt.: n i.: th f.r."- !.71r.i:!; r." 7.5* .othcz rat,: cc lecn! In regulation construction or thc performance of construction. Property Owner Name A.C r Fr Cr) (I Phone Number 6 ' (o LI ' L4 331 reenektAIGPV'ef R.Zr1 WI iisanit5 1-leecii.eut Air Cn Act Phone573-0 01 chski -573 -1 4 1 Co. Address: 5501 rir 9 u 10 0 cit \ OftVi k Suite; F" Zip 3_1141 tkeifte 11.0-tski g:cle.../ \t-.)(, Wra.fy\s St Cat464-e5q,34stration NotarizaciSTFAtec eiF VrtuariW-faer( dr , 4eiZt- ''110r7L1- - ..' • -stiluxi kfbrerne this f9 day of (.)FLA 201/ .1 ,..•13,P :.•..,i, DAPHNEYJIRAIJ 0 I PO 1 Notary Public - Slate 01 notkitature of Ildta 01*MC" 0 .1. I V, _Li Arl My Comm. Expires Dec 3, 2012 o 4 $44,50. Commission # OD 842670 1 • do•mr.r.moswierwib 0/ 0 4 . il-k Doc * 2009101449, OR BR 1485$ Page 1983, Number P*g* ; 3, Recorded 04/30/2009 at 12;34 PM, J114 PTJLLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING 527.00 DEED DOC ST $0.70 P$EPARED BY ANp RETURN TO - ^^�• WIUJM$ L.1`HamOsor, JR., HOWSE vYe1im L Tooreatee, r►. PA. 184011 em Lone. Owe al Owe, Pea, Flonde 32003 PAO& Iro.: 1.0738.0000 Purchase Price = S3150.000.00 This Waranty Deed art*tly wee recorded en April 3, MO, at OAklal Records Book 1431, 1''E l21$. Op' THE OFFICIAL RECORDS ()f !Duval Coup, Florida, with all dorelheatery stomp taxer paid mod It baieR re reeardod to correct the legal description only, eatititatP WARRANTY DEED THIS WARRANTY DEED, made this 31 day of March, 2009. by NORSHORE, LTD., a Florida limited partnership, whose mailing address is 2275 Atlantic Boulevard. Suite 100, Neptune Beach, Florida 32266, (hereinafter called "Grantor") in favor of ,:$04OPPESOF NORM LLC, a Florida limited liability company, (hereinafter called "Grantee "), whose mailing address 4255 Southampton Street; `Boston, MA 02118. (Wherever used herein the term • Grantor" and 5 Gaantee " she include singular and plural, tails, legal representatives, and assigns of individuals. and the successors erred assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the Grantor for and in consideration of the sum of Ten and No1100 Dollars ($10.00), In hand paid by or behalf of the Grantee, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, alien. remise, release, convey and confirm unto the Grantee the following described land, lying and being In the County of Duval, State of Florida; LOTS 7, A, 9, 10, 11, 12. 13, 14, 15, 1e, 17, AND 18 BLOCK ONE (1), ACCORDING TO PLAT 740. 1 OF SECTION "A" ATLANTIC BEACH RECORDEO IN PLAT BOOK 5, PAGE 39 OF THE CURRENT PUBLIC RECORDS OF DINAL COUNTY. FLORIDA, TOGETHER WITH THAT PORTION OF LOT 19, BLOCK 1, OF SAID SUBDIVISION BEING PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT A POINT ON AHEARN STREET AT THE NORTHEAST CORNER OF LOT 19, RUN THENCE SOUTH ALONG THE EASTERLY LOT LINE OF SAID LOT 19 FOR A DISTANCE OF $2.6 FEET TO A POINT; THENCE AT RIGHT ANGLE WESTERLY ON A LINE PARALLEL TO AHEARN STREET RUN FOR A DISTANCE OF 14 FEET; THENCE RUN AT A RIGHT ANGLE NORTHERLY ON A LINE PARAL.LE.I. TO THE EASTERLY LINE OF LOT is A DISTANCE OF 82.8 FEET TO THE SOUTH LINE OF AHEARN STREET; THENCE Al' RIGHT ANGLE EASYF_RLY ALONG SAID SOUTHERLY LINE OF AHEARN STREET RUN A DISTANCE OF 14 FEET TO THE POINT OF BEGINNING. SAID PROPERTY ALSO SEING DESCRIBED AS FOLLOWS: ALL OF LOTS 7, 8, 9,10, 11,12. 13,14, 15, 16. 17 AND 18 TOGETHER WITH A PART OFF LOT 19, ALL IN BLOCK 1, ACCOROINd TO PLAT OF SUBDIVISION "A ", ATLANTIC BEACH, AS RECORDED IN PLAT OR BR 1485>3 PA'GR 1994 BOOK S. PAGE 60 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. ANC) ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEAST CORNER OF SAID LOT 7: THENCE SOUTH 06 DEGREES 16 MINUTES 00 SECONDS EAST, ALONG THE EAST LINE OF SAID LOTS 7 AND 8, A DISTANCE OF 220.31FEET TO THE NORTH RIGHT OF WAY LINE OF ATLANTIC BOULEVARD (A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE SOUTH 89 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG SAID NORTH RIGHT OF WAY LINE. A DISTANCE OF 331.98 FEET TO THE EAST LINE OF SAID LOT 19; THENCE NORTH 06 DEGREES 18 MINUTES 00 SECONDS WEST, ALONG SAID EAST LINE OF LOT 19, A DISTANCE OF 100,71 FEET: THENCE DEPARTING SAID EAST LINE, SOUTH 83 DEGREES 42 MINUTES 00 SECONDS WEST, A DISTANCE OF 14 00 FEET; THENCE NORTH 06 DEGREES 1 8 MINUTES 00 SECONDS WEST, A DISTANCE OF 92.80 FEET TO THE SOUTH RIGHT OF WAY LINE OF AHEARN STREET (A 67 FOOT RIGHT OF WAY AS NOW ESTABLISHED); THENCE NORTH 83 DEGREES 42 MINUTES 00 SECONDS EAST, ALONG SAIL) SOUTH RIGHT OF WAY LINE, A DISTANCE. OF 364.00 FEET TO THE POINT OF BEGINNING TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or In anywise appertaining, AND the Grantor does hereby fully warrant the title to said land. and will defend the same against the Lawful claims of all persons whomsoever. SUBJECT TO currant year taxes and natters of record. The property Is not the homestead of Grantor. Grantor have never occupied the property as a residence or otherwise. IN WITNESS WHEREOF, the said Grantor has executed this Instrument the day and year first above mitten. Signed, sealed and delivered in the presence of: NORSHORE, LTD, By: 383 ATLANTIC BLVD., INC., eureem ;isobar Priname, tri I By: Chris Hion es, Pe etiident Print e / . r , + (SEAL) 2 OR Bx 14858 P. WE 1985 STATE OF FLORIDA COUNTY OF DUVAL Tilfgregoi '' : rument was executed, acknowledged and delivered before me , this o day • + '. - , 2009, by Chris Nlonldes, the President of 383 ATLANTIC BLVD., INC., a florid° corporation, as General Penner of Norshore, L d on behalf of the partnership. Fie or she e ( 1 personally known to me or ] has produced as identification, % ,j, " 1 M 4 Notary u blic ; •t r"' ntl ' • unty Aforesaid 01111 1111111.1i1 kWOW.e Print Nerve: ,. My commission expires: My commission number: �,- (NOTARIAL SEAL) • 3 Doc # 2009078588, OR BK 14831 Page 1223, Number Pages: 16, Recorded 04/03/2009 at 09:26 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $137.50 MORTGAGE DOC ST $11025.00 INTANGIBLE TAX $6300,00 Prepared by and after recording retum to Wiliam L. Thompson, Jr., Esq. Willsim 1, Thompson, Jr., P.A. 1590 Island Lane, Suite 26 Orange Park, FL 32003 THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS 52,672,480.50, TOGETHER WITH ACCRUED INTEREST, IF ANY AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. MORTGAGE AND SECURITY AGREEMENT Note: This document serves as a fixture filing under the Uniform Commercial Code . Secured Transactions as adopted by the State of Florida. The Mortgagor is a Florida limited liability company whose organizational identification number is L09000031027. THIS MORTGAGE AND SECURITY AGREEMENT is made as of March 31, 2009, by SHOPPES OF NORSHORE LLC (the 'Mortgagor'), a Florida limited liability company, whose address is 255 Southampton Street, Boston, MA 02118, in favor of FIRST GUARANTY BANK AND TRUST COMPANY OF JACKSONVILLE (the "Mortgagee "), whose address is 1234 King Street, Jacksonville, Florida 32204. Recitalg The Mortgagor and the Mortgagee have executed a Loan Agreement (as amended or restated from time to time, the "Loan Agreement') of even date herewith. The Mortgagor has, pursuant to the Loan Agreement, executed a Promissory Note (as amended, extended or renewed from time to time, the "Note ") of even date herewith in favor*? the Mortgagee in the original principal amount of $3,150.000.00, The Note is by reference made a part hereof to the same extent as though set forth in full herein. The maturity Date of the Note is March 1, 2014. The Mortgagor has also incurred, or may incur, obligations under a Hedge Agreement (as defined herein), For purposes hereof, the term "Hedge Agreement" shall mean each agreement between the Mortgagor and Mortgagee, or any affiliate of the Mortgagee, whether now existing or hereafter entered into, that provides for an interest rate or commodity swap, cap, floor, collar, forward foreign exchange transaction, currency swap, cross - currency rate swap, currency option, or any combination of, or option with respect to, these or similar transactions, for the purpose of hedging the Mortgagor's exposure to fluctuations in interest rates, currency valuations or commodity prices, NOW, THEREFORE, to secure the payment and performance by the Mortgagor of Its obligations (the "Obl now existing or hereafter arising under the Note, each Hedge Agreement, this Mortgage and all other instruments now or hereafter evidencing or securing the Note or any Hedge Agreement, and in order to charge the properties, interests and rights hereinafter described with such payment and performance and for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the Mortgagor does hereby mortgage, transfer and assign to the Mortgagee and, as applicable, grant a security interest in, all of the Mortgagor's right, title and interest, whether now existing or hereafter acquired, in the following: (A) All of the land (the "Land ") in Duval County, Florida, described in Exhibit "A" attached hereto and made a part hereof, to have and to hold the same, together with all rights, privileges, tenements, hereditaments, rights-of-way, easements, appendages, projections, appurtenances, water rights (including riparian and littoral rights), streets, ways, alleys, strips and gores of land now or hereafter in any way belonging to, adjoining, appurtenant to, crossing, or pertaining to the Land. OR HK 14831 PAGE 1224 (B) Alf buildings, betterments, structures, improvements and fixtures of any nature now or hereafter constructed or located, in whole or in part, on the Land, regardless of whether physically affixed thereto or now or hereafter severed or capable of severance from the Land (collectively, the "Improvements ")_ (C) All tangible property (collectively, the "Equipment') now or hereafter owned by the Mortgagor and now or hereafter located at, affixed to, placed upon or used in connection with the Land or the Improvements. The Equipment includes, without limitation, the following: (1) all machinery, equipment, appliances, fixtures, conduits and systems for generating or distributing air, water, heat, air conditioning, electricity, light, fuel or refrigeration, or for ventilating or Sanitary purposes, or for the exclusion of vermin or insects, or for the removal of dust, refuse, sewage or garbage, or for fire prevention or extinguishing; (2) all elevators. escalators, lifts and dumbwaiters; (3) all motors, engines, generators, compressors, pumps, lift stations, tanks, boilers, water heaters, fumaces and incinerators; (4) all furniture, furnishings, fixtures, appliances, installations, partitions, projection systems, shelving, cabinets, lockers, vaults and wall safes; (5) all carpets, carpeting, rugs, underpadding, linoleum, tiles, mirrors, well coverings, windows, storm doors, awnings, canopies, shades, screens, blinds, draperies and related hardware, chandeliers and light fixtures; (6) all plumbing, sinks, basins, toilets, faucets, pipes, sprinklers, disposals, laundry appliances and equipment, and kitchen appliances and equipment; (7) all alarm, safety, electronic, telephone, music, entertainment and communications equipment and systems; (8) all janitorial, maintenance, cleaning, window washing, vacuuming, landscaping, pool and recreational equipment and supplies; (9) all storage tanks (including, without limitation, underground storage tanks) together with pipes, lines and other equipment associated therewith; and (10) any other items of property, wherever kept or stored, if acquired by the Mortgagor with the intent of incorporating them in or using them in connection with the Land or the Improvements. (D) All rights of the Mortgagor in and to all awards or payments, including interest thereon and the right to receive the same, growing out of or resulting from any exercise of the power of eminent domain (including the taking of all or any part of the Lend or the Improvements), or any alteration of the grade of any street upon which the Land abuts, or any other injury to, taking of, or decrease in the value of the Land or the Improvements or any pert thereof. (E) All rights of the Mortgagor in and to any hazard, casualty, liability, or other insurance policy carried for the benefit of the Mortgagor or the Mortgagee with respect to the Improvements or the Equipment, including without limitation any unearned premiums and all insurance proceeds or sums payable in lieu of or as compensation for any loss of or damage to all or any portion of the Improvements or the Equipment. (F) All rights of the Mortgagor in and to ail supplies and building materials delivered to or located upon the Land or elsewhere end used or usable in connection with the construction or refurbishing of the Improvements or the Equipment, (G) All rights of the Mortgagor in, to, under, by virtue of, arising from or growing out of any and all present or future contracts, instruments, accounts, insurance policies, permits, licenses, trade names, plans, specifications, appraisals, reports, paid fees, chores -in- action, subdivision restrictions or declarations or general intangibles whatsoever now or hereafter dealing with, affecting or concerning the Land, the Improvements or the Equipment or any portion thereof or interest therein including. without limitation, the following! (1) all contracts, plans, specifications and permits for or related to the Land or its development or the construction or refurbishing of the Improvements; (2) all agreements for the provision of utilities (including any reservation of capacity for utilities) to the Land or Improvements; (3) all payment, performance or other bonds; (4) all contracts, option agreements, right of first refusal agreements and other agreements now existing or hereafter made for the sale by the Mortgagor of all or any portion of the Land or the Improvements, including any deposits paid by any purchasers (howsoever such deposits may be held) and any proceeds of such contracts and agreements, including any purchase -money notes and mortgages made by such purchasers; and (5) any declaration of condominium, restrictions, covenants, easements or similar documents now or hereafter recorded against the title to all or any portion of the Land. (H) All rents, income, issues and profits of the Land, the Improvements and other property subject to this Mortgage (collectively, the "Rents "), and all leases, subleases, tenancies, licenses, franchises and occupancy agreements of any nature whatsoever now or hereafter affecting the Land or the Improvements 2 OR BK 14831 PAGE 1225 (collectively, the "Leases "), together with all guaranties of the Lasses and all security deposits and prepaid rents under the Leases. (I) All proceeds (and proceeds of proceeds), products, replacements, additions, betterments, extensions, improvements, substitutions, renewals and accessions of or to any of the foregoing. Everything referred to in subparagraphs (A) through (I) above and any additional property hereafter acquired by the Mortgagor and subject to the lien of this Mortgage or any part of these properties is herein referred to as the "Mortgaged Property." This Mortgage constitutes a security agreement within the meaning of, and shall create a security interest under, the Uniform Commercial Code - Secured Transactions as adopted by the State of Florida, as in effect from time to time, or under the Uniform Commercial Code in force from time to time, in any other state to the extent the same is applicable law with respect to the fixtures and other personal property included In the Mortgaged Property and all proceeds and products thereof, and all supporting obligations ancillary to or arising in any way in Connection therewith (collectively, the "Personal Property"). A carbon, photographic or other reproduction of this Mortgage or of any financing statement shall be sufficient as a financing statement The debtor's principal place of business and the secured party's address is set forth in the Introductory paragraph to this Mortgage. The Mortgagor shall execute and deliver to the Mortgagee, in form and substance satisfactory to the Mortgagee, such financing statements, continuation statements and such further assurances as the Mortgagee may from time to time consider reasonably necessary to create, perfect, preserve and maintain in full force and effect the Mortgagee's lien upon the Personal Property. The Mortgagee, at the expense of the Mortgagor, may cause such statements and assurances to be recorded and rerecorded, filed and re -filed, in the name of the Mortgagor, and the Mortgagor hereby constitutes and irrevocably appoints the Mortgagee its true and lawful attorney -in -fact, which appointment is coupled with an interest, with full power of substitution, and empowers such attomey or attorneys in the name of the Mortgagor, but at the option of such attomey -in -fact, to execute and file any and all financing statements, In addition to the foregoing, the Mortgagor hereby authorizes the Mortgagee at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements with or without signature of the Mortgagor as authorized by applicable law, as applicable to the Mortgaged Property. For purposes of such filings, the Mortgagor agrees to furnish any information requested by the Mortgagee promptly upon request of the Mortgagee. The Mortgagor also ratifies its authorization for the Mortgagee to have filed any such initial financing statements, amendments thereto or continuation statements if filed prior to the date of this Mortgage. The Mortgagor hereby irrevocably constitutes and appoints the Mortgagee and any officer or agent of the Mortgagee, with full power of substitution, as its true and lawful attomey -in -fact with full irrevocable power and authority in the place and stead of the Mortgagor or in the Mortgagor's own name to execute in the Mortgagor's name any such documents and to otherwise carry out the purposes of this section, to the extent that the Mortgagor's authorization above is riot sufficient. To the extent permitted by law, the Mortgagor hereby ratifies all acts such attorneys -in -fact shall lawfully do, have done in the past or cause to be done in the future by virtue hereof. This power of attorney is a power coupled with an interest and shall be irrevocable. The parties intend that this Mortgage shall continue in full force and effect until satisfied by a written satisfaction executed and delivered by the Mortgagee to the Mortgagor after: (a) payment in full of all Obligations; and (b) termination of all further commitments, if any of the Mortgagee to make advances under the Note or hereunder. The lien of this Mortgage shall secure all Obligations as more fully set forth herein together with future advances or other extensions of credit as more fully set forth herein. The Mortgagor specifically agrees as follows: 1. Corn liana Not an e a e Wa rren of Title. The Mortgagor shall comply with all provisions hereof, of the Note and each Hedge Agreement, and of every other instrument securing the Note, and will promptly pay to the Mortgagee the principal with interest thereon and all other sums required to be paid by the Mortgagor under the Note, each Hedge Agreement, this Mortgage and all other instruments securing the Note. TIME IS OF THE ESSENCE IN ALL ASPECTS OF THIS MORTGAGE. The Mortgagor covenants and warrants that (a) the Mortgagor is indefeasibly seized of the Mortgaged Property', (b) the 3 OR EX 14831 PAGE 1226 Mortgaged Property is not subject to any liens or encumbrances, other than liens for taxes which are not yet due, which are superior to the lien of this Mortgage; (c) the Mortgagor has lawful authority to convey, mortgage and encumber the Mortgaged Property; (d) the Mortgagee shall have the right to peaceably and quietly enjoy the Mortgaged Property; (e) the Mortgagor will defend title to the Mortgaged Property against the claims of all persons whomsoever and (1) the Mortgagor will provide Such further assurances as may be necessary or convenient to perfect title in the Mortgagee. 2. Payment of Taxes and Liens. (a) The Mortgagor shall pay promptly, when due, and shall promptly deliver to the Mortgagee receipts therefor, all taxes, assessments, rates, dues, charges, fees, impositions, obligations and encumbrances of every kind whatsoever now or hereafter imposed, levied or assessed upon or against the Mortgaged Property or any part thereof, or upon or against this Mortgage or the Obligations or other sums secured hereby, or upon or against the interest of the Mortgagee in the Mortgaged Property, as well as all income taxes, assessments and other governmental charges levied or imposed by any taxing authority upon or against the Mortgagor, the Mortgaged Property or any part thereof and any charge which, if unpaid, would become a lien or charge upon the Mortgaged Property. (b) The Mortgagor shall not permit any mortgage, mechanics', laborer's, materialmen's, statutory or other lien to be created or to remain a lien upon any of the Mortgaged Property. (c) The Mortgagor shall promptly pay all yearly taxes, assessments, and other similar charges against the Mortgaged Property as they become due (before any interest attaches or any penalty is incurred), and shall deliver written proof of such payment to the Mortgagee within thirty (30) days after the due date. If the Mortgagor shall fail to pay any such taxes, assessments, or other similar charges, upon demand by the Mortgagee, the Mortgagor shall deliver to the Mortgagee such monies as are required to pay such taxes, assessments and similar charges. Upon the occurrence of an Event of Default, the Mortgagee may apply such deposits to the reduction of the sums secured hereby. 3. Insurance. The Mortgagor will maintain or cause to be maintained insurance in accordance with the terms and conditions set forth in the Loan Agreement. 4. Loss or Casualty, (a) In the event of any casualty to the Mortgaged Property, each insurance company concerned (if any) is hereby authorized and directed to make payments for such loss directly to the Mortgagee instead of to the Mortgagor or to the Mortgagor and the Mortgagee jointly. Except as otherwise set forth in subparagraph (b) below, the Mortgagee may at its option apply casualty insurance proceeds or any part thereof after deducting therefrom all of the Mortgagee's expenses, including attorneys' fees, either to the reduction of the Obligations or to the repair or restoration of the property damaged. The Mortgagee is hereby authorized, at its option, to settle and compromise any claims, awards, damages, rights of action and proceeds, and any other payment or relief under any casualty insurance policy. The Mortgagee shall not be responsible for any failure to collect any insurance proceeds due under the term of any policy regardless of the cause of the failure, (b) Notwithstanding the foregoing subparagraph (a), the Mortgagor shall be entitled, upon written request given to the Mortgagee within 30 days of loss or damage to the Mortgaged Property, to use all casualty insurance proceeds payable as the result of such loss or damage to repair or restore the Mortgaged Property if (i) No Event of Default shall have occurred hereunder on or before the date of the payment of such insurance proceeds; 4 OR BK 14831 PAGE 1227 (ii) The insurance proceeds are paid into an escrow account with the Mortgagee; (iii) The Mortgagor, prior to commencing such repairs or restoration, deposits into the escrow account described in (ii) above a sum necessary to complete the repairs or restoration (as determined by the Mortgagee in its discretion) in the event the insurance proceeds are insufficient to complete such repairs or restoration; (iv) Ail repairs or restorations are canted Out pursuant to plans and specifications which are; (aa) provided to the Mortgagee within three months after such loss or damage; and (bb) are acceptable to the Mortgagee; and (v) The proceeds held in escrow (both the insurance proceeds and the Mortgagors funds) are disbursed In accordance with the Mortgagee's standard construction loan administration procedures. (c) The Mortgagee shall have a lien on all funds held in the escrow account pursuant to the foregoing subparagraph (b) as further security for the Obligations. 5. Condemnation, (a) The Mortgagee shall be entitled to all compensation, awards, damages, claims and rights of action, together with all proceeds thereof, if all or any part of the Mortgaged Property shall be damaged or taken through condemnation (which term when used herein shah include any damage or taking by any government authority or any other authority lawfully authorized to so damage or take, and any transfer by private sale in lieu thereof). The Mortgagee is hereby authorized, at its option, to commence, appear in and prosecute, in its own name or in the name of the Mortgagor, any action or proceeding relating to any condemnation, and to settle or compromise any claim in connection therewith. All compensation, awards, damages, claims, rights of action and proceeds derived from or relating to any such condemnation, and any other payments or relief and the right thereto, are hereby assigned by the Mortgagor to the Mortgagee, who, after deducting therefrom all its expenses including attorneys' fees, may release any monies so received by it without affecting the lien of this Mortgage or may. except as set forth in subparagraph (b) below, apply the same, in such manner as the Mortgagee shall determine, to the reduction of the sums secured hereby. Any balance of such monies then remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further assignments of any compensations, awards, damages, claims, rights of action and proceeds as the Mortgagee may require. (b) Notwithstanding the foregoing subparagraph (a), if the amount of any such damage or taking by condemnation does not exceed $50,000, than the Mortgagor shall be entitled, upon written request made to the Mortgagee within 30 days of such damage or taking, to use all condemnation proceeds payable as the result of such damage or taking to repair or restore any damage to the Mortgaged Property caused by such condemnation if: (i) No Event of Default shall have occurred hereunder on or before the date of the payment of such condemnation proceeds; (ii) The condemnation proceeds are paid into an escrow account with the Mortgagee; (iii) The Mortgagor, prior to commencing such repairs or restoration, deposits into the escrow account described in (ii) above a sum necessary to complete the repairs or restoration (as determined by the Mortgagee in its discretion) in the event the condemnation proceeds are insufficient to complete such repairs or restoration; 5 OR BK 14831 PAGE 1228 (iv) All repairs or restorations are carried out pursuant to plans and specifications which are' (aa) provided to the Mortgagee within three months after such damage or taking; and (bb) are acceptable to the Mortgagee; and (v) The proceeds held in escrow (both the condemnation proceeds and the Mortgagor's funds) are disbursed in accordance with the Mortgagee's standard construction loan administration procedures. (e) The Mortgagee shall have a lien on all funds held in the escrow account pursuant to the foregoing subparagraph (b) as further security for the Obligations. 6. Care and Use of the Mortaaoed Property. The Mortgagor shall not cut or remove any material amount of timber, sever, remove or grant any rights in any oil, gas, minerals, lime rock, phosphate, soil or other materials or remove or demolish any building or other property forming a part of the Mortgaged Property, except as contemplated in connection with the construction of the Improvements (as defined in the Loan Agreement), without the prior written consent of the Mortgagee in the Mortgagee's sole discretion. The Mortgagor shall not permit, commit or suffer any waste, impairment or deterioration of the Mortgaged Property or any part thereof, except as contemplated in connection with the construction of the Improvements (as defined in the Loan Agreement), and shall keep the same and improvements thereon in good condition and repair. The Mortgagor shall notify the Mortgagee in writing within five (5) days of any damage or impairment of the Mortgaged Property. The Mortgagor shall comply with all lews and regulations applicable to the Mortgaged Property, including, without limitation, all zoning, environmental, land use and toxic or hazardous waste disposal laws. The Mortgagor covenants and warrants that all applicable zoning laws, ordinances and regulations affecting the Mortgaged Property permit the Mortgagor's current or intended use and occupancy thereof. 7. The M nee h rtain Pa m n . In the event the Mortgagor fails to complete any improvements to the Mortgaged Property, pay or discharge the taxes, assessments, levies, liabilities, obligations (including obligations under any leases) or encumbrances affecting the Mortgaged Property, or fails to make any payment required under any other mortgage or security agreement relating to the Mortgaged Property (whether or not the existence of such mortgage or security agreement is permitted by this Mortgage), or the Mortgagor otherwise defaults in any covenant herein or in any loan agreement or other document evidencing or securing the Note, the Mortgagee may at its option, without waiving or curing any default by the Mortgagor, expend funds to complete such improvements, pay or discharge the taxes, assessments, levies, liabilities, and to pay off or cure any default under, obligations and encumbrances or any part thereof, procure and pay for such insurance or make and pay for such repairs and take such action to preserve the value of the Mortgaged Property and otherwise perform any action required to be performed by the Mortgagor. The Mortgagee shall have no obligation on its part to determine the validity or necessity of any payments thereof and any such payment shall not waive or affect any option, Tien, equity or right of the Mortgagee under or by virtue of this Mortgage. The full amount of each and every such payment shall be immediately due and payable and shall bear interest from the date thereof until paid at the Default Rate, as defined below, and together with such interest, shall be secured by the lien of this Mortgage. Nothing herein contained shall be construed as requiring the Mortgagee to advance or expend monies for any Of the purposes mentioned in this paragraph. No such payments shall be deemed to waive or cure any default hereunder. $. Payment of Expenses. The Mortgagor shall pay all of the costs, advances, Charges and expenses, including attomeys' fees, disbursements and cost of abstracts of title, documentary stamp and intangible personal property taxes (and any penalties or interest with respect thereto) incurred in connection with the Note or this Mortgage or the enforcement thereof or paid at any time by the Mortgagee due t� the failure on the part of the Mortgagor promptly and fully to perform, comply with and abide by each and every stipulation, agreement, condition and covenant of the Note and this Mortgage or in the enforcement of the Mortgagee's rights hereunder. Without limiting the generality of the foregoing, the Mortgagee is specifically authorized to advance funds necessary to complete the construction of improvements on the Mortgaged Property. Such costs, charges and expenses shall be immediately due and payable, whether or not there be notice, demand, atternpt to collect or suit pending. The full amount of each and every such payment shall bear interest from the date thereof until paid at the Default Rate, as hereinafter defined. All such costs, charges and 6 OR BK 14831 PAGE 1229 expenses so incurred or paid, together with such interest, shall be secured by the lien of this Mortgage and any other instrument securing the Note. No such payments shell be deemed to waive or cure any default hereunder. 9. No Transfer or Further Encumbrance. The Mortgagor shall not sell, convey, transfer or further encumber any interest in or any part of the Mortgaged Property except as permitted in the Loan Agreement, and any such sale, conveyance, transfer or encumbrance, other than those permitted in the Loan Agreement, may at the Mortgagee's option be declared null and void by the Mortgagee. If any person should obtain an interest in all or any part of the Mortgaged Property pursuant to the execution or enforcement of any lien, security interest or other right, whether superior, equal or subordinate to this Mortgage or the lien hereof, such event shall be deemed to be a transfer by the Mortgagor and a default hereunder. In addition, if the Mortgagor is a corporation, partnership, limited liability company or trust, the sale, assignment, pledge, transfer, hypothecation or other disposition of any proprietary or beneficial interest in the Mortgagor without the prior written consent of the Mortgagee shall be deemed to be an Event of Default under this Mortgage. 10 . Afar- Acquired Property. The lien of this Mortgage will automatically attach, without further act, to all after acquired property of whatever kind located in or on, or attached to, or used or intended to be used in connection with or in the operation of the Mortgaged Property, 11, Additional Documents. At any time and from time to time, upon the Mortgagee's request, the Mortgagor shall make, execute and deliver or cause to be made, executed and delivered to the Mortgagee and, where appropriate, shall cause to be recorded or filed and from time to time thereafter to be recorded or refiled at such time and in such offices and places as shall be deemed desirable by the Mortgagee any and all such further mortgages, instruments of further assurance, certificates and other documents as the Mortgagee may consider necessary or desirable in order to effectuate, complete, enlarge or perfect, or to continue and preserve the obligations of the Mortgagor under the Note and this Mortgage, and the lien of thls Mortgage as a first and prior lien upon all of the Mortgaged Property, whether now owned or hereafter acquired by the Mortgagor. Upon any failure by the Mortgagor to do so, the Mortgagee may make, execute, record, file, re- record, or re -file any and all such mortgages, instruments, certificates and documents for and in the name of the Mortgagor, and the Mortgagor hereby irrevocably appoints the Mortgagee as agent and attorney -in -fact of the Mortgagor to do so. 12. Reaooraisalg, Notwithstanding any term or provision hereof to the contrary, If at any time and for any reason the Mortgagee in its sole discretion determines that the value of the Mortgaged Property may have declined or be less than the Mortgagee previously anticipated, within 80 days from the Mortgagee's written request to the Mortgagor therefor, the Mortgagor shall provide to the Mortgagee, at the Mortgagor's sole cost and expense, a current appraisal of the Mortgaged Property to be ordered by the Mortgagee from an appraiser designated by the Mortgagee and in form and content as required by the Mortgagee. Notwithstanding the foregoing, for so long as no Event of Default has occurred hereunder, the Mortgagee shall not be permitted to require appraisals hereunder more frequently than annually, The Mortgagor shall cooperate fully with any such appraiser and provide all such documents and information as such appraiser may request in connection with such appraiser's performance and preparation of such appraisal. The Mortgagor's failure to promptly and fully comply with the Mortgagee's requirements under this paragraph shall, without further notice, constitute an Event of Default under this Mortgage. 13. Environmental Matters. The Mortgagor and the Mortgagee are parties to an Environmental Agreement (as amended or restated from time to time, the "Environmental Agreement") of even date herewith between the Mortgagor and the Mortgagee. The Mortgagor shall perform all of its obligations under the Environmental Agreement and shad pay ail amounts due thereunder. All amounts payable by the Mortgagor under the Environmental Agreement shall be secured by the lien of this Mortgage. 14. Leases. The Mortgagor agrees as follows with respect to all Leases: (a) The Mortgagor shall not enter into or modify any Lease on or after the date hereof unless the Lease or modification thereof is acceptable to the Mortgagee in form and substance. Notwithstanding the foregoing, the Mortgagor may, without the Mortgagee's consent, enter into: (i) 7 OR BK 14831 PAGE 1230 modifications of any Lease that increase the rental; and (11) other modifications that do not adversely affect the interests of the Mortgagee, Each such Lease, and each such modification thereof, shall be on arm's - length terms. The rentals payable under such Leases, after giving effect to any concessions or other discounts provided by the Mortgagor, shall not be less than the then prevailing market rates for comparable space (unless the Mortgagee otherwise agrees to lesser rentals). Each Lease made on or after the date hereof shall include a provision Subordinating the tenant's interest under the Lease to the lien of this Mortgage. The Mortgagor shall provide the Mortgagee with a copy of each Lease entered into on or after the date hereof within ten days after the commencement of the initial term of the Lease. (b) The Mortgagor shall have the right to collect all Rents from the Leases prior to the occurrence of an Event of Default hereunder. However, the Mortgagor shall not in any event collect or accept any rents under any Lease more than two months in advance without the prior written consent of the Mortgagee. From and after the occurrence of any Event of Default hereunder, (1) all such Rents shall belong to the Mortgagee; (ii) the Mortgagee shall be entitled to collect and retain such Rents; and (iii) the Mortgagor shall not be entitled to receive or collect any such Rents. If the Mortgagor collects or receives any such Rents after the occurrence of any Event of Default, then: (1) the Mortgagor shall hold such funds in trust for the Mortgagee; (ii) the Mortgagor shall not commingle such funds with any other funds or assets; and (iii) the Mortgagor shall remit such funds to the Mortgagee not later than one business day after the Mortgagor's receipt of the same. (e) The Mortgagor shall perform all of its material obligations under the Leases. The Mortgagee shall be entitled, but not obligated, to perform or discharge any obligation or duty to be performed or discharged by the Mortgagor under any of the Leases. The Mortgagor hereby agrees to indemnify the Mortgagee for, and to save it harmless from or under, any and aM tabiity arising from or under, or in connection with, the Leases. This Mortgage Shall not place responsibility for the control, care, management or repair of the Mortgaged Property upon the Mortgagee or make the Mortgagee responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Mortgaged Property resulting in Toss or injury or death to any tenant, licensee, employee or other person, Any expenditures made by the Mortgagee in curing any default under the Leases or hereunder on the Mortgagor's behalf, with interest thereon at the Default Rate, shalt become part of the debt secured by this Mortgage. (d) The Mortgagor covenants and represents that: (1) the Mortgagor has title to and full right to assign each Lease which is now in effect and the rents, income and profits due or to become due thereunder; (ii) to the Mortgagor's beat knowledge, no other assignment of any interest in the Leases or the rents has been made, except as set forth herein; (iii) to the Mortgagor's best knowledge, there are no existing material defaults under the provisions of the Leases; and (iv) the Mortgagor will not hereafter further assign, transfer, encumber or pledge the Leases (except for transfers or pledges in favor of the Mortgagee). (e) From and after the occurrence of any Event of Default hereunder, the Mortgagee shall be entitled, in addition to all other rights set forth herein, at its option and without notice to or the consent of the Mortgagor, to enter and take possession of the Mortgaged Property and to manage and operate the same, to collect all or any rents accruing therefrom or from the Leases, to let or re-let the Mortgaged Property or any part thereof, to Cancel and modify Leases, to evict tenants, to bring or defend any suits in connection with the possession of the Mortgaged Property in its own name or the Mortgagor's name, to make such repairs as the Mortgagee deems appropriate, and to perform such other acts in connection with the management and operation of the Mortgaged Property as the Mortgagee, in its sole discretion, may deem proper. The Mortgagee is specifically authorized, without limitation, to notify tenants under the Leases of: (1) the terms of this Mortgage; (11) the occurrence of any Event of Default hereunder; and (iii) any other matters that the Mortgagee deems appropriate. The Mortgagee is further authorized to direct such tenants to make all payments directly to the Mortgagee or its nominee from and after the occurrence of any Event of Default hereunder. The Mortgagee's receipt of any rents, issues or profits pursuant to this instrument, after the institution of 8 OR BK 14831 PAGE 1231 foreclosure or sale proceedings under any mortgage, shall not cure such default or affect such proceedings or any sale pursuant thereto. (f) The net proceeds of any Rents collected by the Mortgagee hereunder, after reimbursement of expenses incurred by the Mortgagee under the terms of this instrument, shall be applied in reduction of the Obligations secured hereby in such order as the Mortgagee, in Its discretion, deems appropriate. (g) The Mortgagee shall not be deemed to be an agent, partner or joint venturer of the Mortgagor or any other person, and nothing herein contained shall be construed to impose any liability upon the Mortgagee by reason of the provisions hereof. 15. Events of Default, Any one of the following shall constitute an Event of Default: (a) The occurrence of any Event of Default under the Loan Agreement. (b) Failure by the Mortgagor to pay, as and when due and payable, or, if a grace period is provided in the Note, within such applicable grace period, any installments of principal, interest or other amounts due under the Note. (c) Failure by the Mortgagor to duly keep, perform and observe any other covenant, condition or agreement in the Note, any Hedge Agreement, this Mortgage, or any other instrument securing the Note for a period of thirty (30) days after the Mortgagee gives written notice specifying the failure. (d) If the Mortgagor or any guarantor or endorser of the Note: (1) files a voluntary petition in bankruptcy, or (ii) is adjudicated as a bankrupt or insolvent, or (iii) files any petition or answer seeking or acquiescing in any reorganization, management, composition, readjustment, liquidation, dissolution or similar relief for itself under any law relating to bankruptcy, insolvency or other relief for debtors, or (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master or liquidator of itself or of all or any part of the Mortgaged Property, or (v) makes any general assignment for the benefit of creditors, or (vi) makes any admission in writing of its inability to pay its debts generally as they become due. (e) If: (1) a court of competent jurisdiction enters an order, judgment or decree approving a petition filed against the Mortgagor seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief, under any present or future federal, state, or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, which order, judgment or decree remains un - vacated and un - stayed for an aggregate of sixty (60) days whether or not consecutive from the date of entry thereof: or (11) any trustee, receiver or liquidator of the Mortgagor or of any part of the Mortgaged Property is appointed without the prior written consent of the Mortgagee, which appointment shall remain un- vacated and un- stayed for an aggregate of sixty (60) days whether or not consecutive. (f) Any breach of any warranty or material untruth of any representation of the Mortgagor contained in the Note, this Mortgage or any other instrument securing the Note. 16, Aoceler 'r n, If an Event of Default shall have occurred, the Mortgagee may declare all amounts due under the Note and any interest accrued thereon, and all other sums secured hereby, to be due and payable immediately. Upon such declaration all principal and interest and other sums shah immediately be due and payable without demand or notice. 17. Remedies After Default. (a) If an Event of Default shall have occurred, the Mortgagee may exercise any or all of the following rights, remedies and recourses: 9 OR BR 14831 PAGE 1232 (i) To the extent permitted by applicable law, the Mortgagee may enter upon all or any part of the Mortgaged Property and take exclusive possession thereof and of all Woks, records and accounts relating thereto, If the Mortgagor remains in possession of all or any part of the Mortgaged Property after an Event of Default and without the Mortgagee's prior written consent thereto, the Mortgagee may invoke any and ail legal remedies to dispossess the Mortgagor, including without limitation one or more actions for forcible entry and detainer, trespass to try title and writ of restitution. Nothing contained in the foregoing sentence shall, however, be construed to impose any greater obligation or any prerequisites to acquiring possession of the Mortgaged Property after an Event of Default than would have existed in the absence of such sentence. (ii) To the extent permitted by applicable law, the Mortgagee may, by itself or by the appointment of a receiver in accordance with applicable law, hold, lease, manage, operate or otherwise use or permit the use of all or any portion of the Mortgaged Property, either by itself or by other persons, firms or entitles, in such manner, for such time and upon such other terms as the Mortgagee may deem to be prudent and reasonable under the circumstances (making such repairs, alterations, additions and improvements thereto and taking any and all other action with reference thereto, from time to time, as the Mortgagee shall deem necessary or desirable). The Mortgagee may apply all Rents and other amounts collected by the Mortgagee in connection therewith in accordance with the provisions hereof. (iii) To the extent permitted by applicable law, the Mortgagee may, as attorney- in -fact or agent of the Mortgagor, or in its own name as the Mortgagee or by the appointment of a receiver in accordance with applicable law and under the powers herein granted, hold, operate, manage, and control all or any portion of the Mortgaged Property and conduct the business, if any, thereof, either personally or by its agents, and to exercise the powers described herein, Such remedies may be exercised cumulatively and concurrently, and in this respect each of the Mortgagee shall be entitled to avail itself of the benefits and rights stated herein. (iv) The Mortgagee may institute a proceeding, judicial or otherwise, for the complete foreclosure of this Mortgage to the fullest extent permitted by law; or institute a proceeding or proceedings, judicial or otherwise, for the partial foreclosure of this Mortgage, as permitted by applicable law for the portion of the Obligations then due and payable, with this Mortgage then continuing unimpaired and without loss of priority so as to secure the balance of the Obligations. (v) To the extent permitted by applicable law, the Mortgagee may sell or offer for sale the Mortgaged Property, in such portions, order and parcels as the Mortgagee may determine, with or without having first taken possession of same, to the highest bidder for cash in lawful money of the United States at public auction in accordance with applicable law, or the Uniform Commercial Code - Secured Transactions as adopted by the State of Florida, and in the event of a sale, by foreclosure or otherwise, of less than all of the Mortgaged Property, this Mortgage shall continue as a lien and security interest on the remaining portion of the Mortgaged Property. The Mortgagee may postpone any sale by public announcement at the time and place noticed for the sale. If the Mortgaged Property consists of several lots, parcels or items of property, the Mortgagee may, in its sole discretion and to the extent permitted by applicable law: (1) designate the order in which such lots, parcels or items shall be offered for sale or sales, or (ii) elect to sell such lots, parcels or items through a single sale, or through two or more successive sales or in any other manner that the Mortgagee deems in its best interest. Should the Mortgagee desire that more than one sale or other disposition of the Mortgaged Property or any portion thereof be conducted simultaneously, or successively, on the same day, or at such different days or times and in such order as the Mortgagee may deem to be in its best interests, no such sale shall terminate or otherwise affect the lien and security interest of this Mortgage on any part of the Mortgaged Property 10 OR BK 14831 PAGE 1233 not sold until all the Obligations have been fully satisfied and the Mortgage shall have been satisfied. The Mortgagor shall pay the expenses of any sale of the Mortgaged Property, whether one or more, and of any judicial proceedings wherein the same may be made, including reasonable compensation the Mortgagee, Its agents and counsel, and shall pay all expenses, IiabiPties and advances made or incurred by the Mortgagee in connection with such sale or sales, together with interest on all such advances made by the Mortgagee at the Default Rate. Upon any safe hereunder, the Mortgagee shall execute and deliver to the purchaser or purchasers a deed or deeds conveying the property so sold, but without any covenant or warranty whatsoever, express or implied, whereupon such purchaser or purchasers shall be let into immediate possession; and the recitals in any such deed or deeds of facts, such as default, the giving of notice of default and notice of sale, and other facts affecting the regularity or validity of such sale or disposition, shall be conclusive proof of the truth of such facts; and any such deed or deeds shall be conclusive against all persons as to such facts recited therein. (vi) The Mortgagee may exercise any or all of its rights and remedies under the Uniform Commercial Code - Secured Transactions as adopted by the State of Florida as in effect from time to time, (or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable law) or other applicable law as well as all other rights and remedies possessed by the Mortgagee, all of which shall be cumulative. The Mortgagee is hereby authorized and empowered to enter the Mortgaged Property or other place where any Personal Property may be located without legal process, and to take possession of such Personal Property without notice or demand, which hereby are waived to the maximum extent permitted by the laws of the State of Florida. Upon demand by the Mortgagee, the Mortgagor shall make such Personal Property available to the Mortgagee at a place reasonably convenient to the Mortgagee. The Mortgagee may sell at one or more public or private sales and for such price as the Mortgagee may deem commercially reasonable, any and all of such Personal Property, and any other security or property held by the Mortgagee and the Mortgagee may be the purchaser of any or all of such Personal Property. (b) Prior to, upon or at any time after, commencement of foreclosure of the hen, security title and security interest provided for herein or any legal proceedings pursuant hereto, the Mortgagee may make application to a court of competent jurisdiction for appointment of a receiver of the Mortgaged Property, Such application may be made as a matter of strict right and without notice to the Mortgagor (unless notice is required by applicable law and such right of notice may not be waived) or regard to the adequacy of the Mortgaged Property or insolvency of the Mortgagor or any person who may be legally or equitably liable to pay the Obligations and without giving bond to the Mortgagor (unless bond is required by applicable law and such right of bond may not be waived), and the Mortgagor does hereby irrevocably consent to such appointment Any such receiver shah have all the usual powers and duties of receivers in similar cases, including the full power to rent, maintain and otherwise operate the Mortgaged Property all upon such terms as may be approved by the court, and shall apply the Rents in accordance with the provisions of this Mortgage. (c) To the extent permitted by applicable law, the Mortgaged Property may be sold in one or more parcels and in such manner and order as the Mortgagee, in its sole discretion, may elect, it being expressly understood and agreed that the right of sale arising out of any Event of Default shall not be exhausted by any one or more sales. (d) The Mortgagee shall have all rights, remedies and recourses granted in the applicable loan documents and available at law or equity (including specifically those granted by the Uniform Commercial Code in effect and applicable to the Mortgaged Property) including, without limitation, the right to judicially foreclose or bring an action in any court of competent jurisdiction to foreclose this instrument as a realty mortgage if permitted by applicable law, and, except as limited by applicable law, the same (i) shall be cumulative and concurrent: (ii) may be pursued separately, successively or concurrently against the Mortgagor or against all or any portion of the Mortgaged 11 OR DK 14831 PAGE 1234 Property, in the sole discretion of the Mortgagee; (iii) may be exercised as often as occasion therefor shall arise, it being agreed by the Mortgagor that the exercise or failure to exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse; and (iv) are intended to be, and shall be nonexclusive. (e) The Mortgagee shall be entitled to receive all costs and expenses of the sale or repossession of the Mortgaged Property including any receiver's fee or commission, if any, title and abstracting charges, attorneys' fees and auctioneer's fees, and all other costs and expenses incurred in exercising ite remedies hereunder. (1) The Mortgagor shall not be relieved of any obligation it has under the applicable loan documents by reason of (i) the release, regardless of consideration, of any of the Mortgaged Property or any other collateral held pursuant to the applicable loan documents or the addition of any other property to the Mortgaged Property or any other such collateral; (ii) any agreement or stipulation between any subsequent owner of all or any portion of the Mortgaged Property and the Mortgagee extending, renewing, reananging or in any other way modifying the terms of the applicable loan documents without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, and in such event the Mortgagor shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (iii) any other acts or occurrence, save and except the full payment and performance of all of the Obligations, and the termination of the commitments, if any, of the Mortgagee under the Loan Agreement. (g) To the fullest extent permitted by law, the Mortgagee may release, regardless of consideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage or its status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Obligations, to the fullest extent permitted by applicable law, the Mortgagee may resort to any other security therefor held by the Mortgagee in such order and manner as the Mortgagee may elect, and such resort may be taken concurrently or successively and in one or several consolidated or independent judicial actions or lawfully taken non - judicial proceedings, or both. (h) To the fullest extent permitted by applicable law, the Mortgagor hereby irrevocably and unconditionally WAIVES and RELEASES (i) all benefits that might accrue to the Mortgagor by virtue of any present or future law exempting the Mortgaged Property from attachment, levy or sale on execution or providing for any appraisement, valuation, homestead exemption, stay of execution, exemption from civil process, redemption or extension of time for payment; (ii) except as otherwise provided in the applicable loan documents, all notices of any demand, presentment, Event of Default, intent to accelerate or acceleration or the election by the Mortgagee, as applicable, to exercise or the actual exercise of any right, remedy or recourse provided for under the applicable loan documents; (iii) any right to a marshalling of assets or a sale in inverse order of alienation; (iv) any restrictions or conditions upon the exercise by the Mortgagee of the remedies set forth herein; and (v) rights of redemption. (i) To the extent permitted by applicable law, in case the Mortgagee shall have Proceeded to invoke any right, remedy or recourse permitted under the applicable loan documents and shall thereafter elect to discontinue or abandon same for any reason, the Mortgagee shall have the unqualified right so to do and, in such an event, the Mortgagor and the Mortgagee shall be restored to their former positions with respect to the applicable loan documents, the Mortgaged Property and otherwise, and the rights, remedies, recourses and powers of the Mortgagee shall continue as if same had never been invoked, (j) To the extent permitted by applicable law, all proceeds received from the sale or other dispositions of the Mortgaged Property, including but not limited to, the Rents and other income generated by the holding, leasing, operating or other use of the Mortgaged Property, pursuant to this 12 OR BK 14831 PAGE 1235 Mortgage shall be applied by the Mortgagee (or the receiver, if one is appointed), as applicable, to the extent that funds are so available therefrom, in accordance with the following priorities: First: to the costs and expenses of the sale or possession of the Mortgaged Property including any receivers fee or commission, if any, title and abstracting charges, attorneys' fees and an auctioneers fee if such expense has been incurred; Second; to the satisfaction of the Obligations; Third: to the payment to whomsoever shall be entitled thereto under applicable law, W the person who made the sale knows who is entitled thereto. Otherwise, the surplus shall be paid to the clerk of the superior, district or circuit court (or other court having jurisdiction), (k) If the Mortgagee shall be ordered, in connection with any bankruptcy, insolvency or reorganization of the Mortgagor, to restore or repay to or for the account of the Mortgagor or any of their creditors any amount theretofore received hereunder, the amount for such restoration or repayment shall be deemed to be an Obligation so as to place the Mortgagee in the position it would have been in had such amount never been received by any party hereto. (1) if an Event of Default shall occur, the Mortgagor will use its best efforts to cooperate with the Mortgagee and promptly do all things reasonably required of it toward obtaining all necessary authority end permission from any governmental authority or otherwise to accomplish any disposition, abandonment or change in use of the Mortgaged Property (or any portion thereof) as the Mortgagee may request in connection with the exercise of its rights and powers hereunder and under the other applicable loan documents, Without limiting the generality of the foregoing, following an Event of Default and reasonable advance notice to the Mortgagor, the Mortgagor agrees to relocate operations located on the Mortgaged Property to accommodate the disposition, abandonment, change in use or foreclosure by the Mortgagee of any portion thereof, provided that such relocation does not materially violate any legal requirement applicable to the Mortgagor or the Mortgaged Property. 18. No Waiver. No delay or omission of the Mortgagee or of any holder of the Note and Mortgage to exercise any right, power or remedy accruing upon any Event of Default shall exhaust or impair any such right, power or remedy or be construed as a waiver of any such Event of Default or constitute acquiescence therein. 19. Non - Exclusive Remedies. No right, power or remedy conferred upon or reserved to the Mortgagee by the Note, this Mortgage or any other instrument securing the Note is exclusive of any other right, power or remedy, but each and every such right. power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power or remedy given hereunder or under the Note. or any other instrument securing the Note, or now or hereafter existing at taw, in equity or by statute. 20. &.ucr essors and Assinn Bound. Whenever one of the parties hereto is named or referred to herein, the heirs, personal representatives, successors and assigns of such party shall be included and all covenants and agreements contained in this Mortgage, by or on behalf of the Mortgagor or the Mortgagee, shall bind and inure to the benefit of their respective heirs, personal representatives, successors and assigns. 21. Invalid or Unenforceable. In the event that any of the covenants, agreements, terms or provisions contained in the Note, this Mortgage or any other instrument securing the Note shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms or provisions contained herein and in the Note and any other instrument securing the Note shall be in no way affected, prejudiced or disturbed thereby. 22. Future Advances. This Mortgage is given to secure not only existing Obligations, but also such future advances, whether such advances are obligatory or are to be made at the option of the Mortgagee, or otherwise, as are rnade within nineteen (19) years from the date hereof, to the same extent as if 13 such future advances were made on the date of the execution of this Mortgage. The total amount of Indebtedness that may be so secured may decrease or increase from time to time, but the total unpaid balance so secured at one time shall not exceed $10,000,000.00 lus in and disbursements made for the payment of taxes, levies or insurance p tereot thereon, with interest on n any o such disbursements at the Default Rate as hereinafter defined, on the Mortgaged f�r>aperty , this 23. Q 'on of the ogaoor The Mortgagor shall 9 satisfying Mortgage of record, pay the cost of releasing or sans n 24. Aefaylt Rata, The Default Rate shall be the default rate as set forth in the Note. However, at no time shall any interest or charges in the nature of interest be taken, exacted, received or collected which would exceed the maximum rate permitted by law, 25. Neither the Mortgagor nor the M n not in any event be, any merger of the lien and security interest of this Mortgage with a ny s Mortg ge that ny o be, and there seal, lien or security interest in the Mortgaged Property held by the Mortgagee, lypr provided d hat the Mortgage on one hand and security interest of this Mo g and spec provided s he nd and any other rig ht inte erest, lien n ic or r security Interest of the Mortgagee on the other hand shall be and remain separate and distinct (and the priority of any and all such other rights, interests, liens end security interests is hereby preserved). THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS 52,672,460.50, TOGETHER WITH ACCRUED INTEREST, IF ANY AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE, IN WITNESS WHEREOF, the undersigned has executed this instrument as of the day and year above first written. Signed, sealed and delivered in the presence of, ':. ES QF NORSIiORE LLC !� • , a rrlit�d her a / , a Print Name: 4:1, f1n Ip_'�Th J ' • , N_3 By: lJ� I Oeotg� , Manager /Managing Mem rf, (M` t Gurewl i r► e • � ! �► Print Nam . A IT.M11.T . A U Manager/W gfn A De � ,, yitot rpaAnt (SEAL} yi, &o., 0)6\1 14 - - - •• --.. gross. .1.Z. i I i' f i } j t• i I STATE OF R COUNTY O v b i'. F The foregoing instrument was executed, acknowledged and delivered before me on Mart,3 1 , 2009, by George Frangiadakis, the managing member of SHOPPES OF NORS LC, on behalf of the . company. He [ l is personally known to me or ( has Produced Identification. as J fftv �� .7; j''' +w 1: Notary - blic, State and County , / ::0: Aforesaid L-. s. .- 7, ., ► Print Name: ftr1A • , ' ,,; !, ..•: My commission expires: to 1 h `' . ` 4.. • f • • My commission number. y� IIt (NOTARIAL SEAL) • . • � ''��'' •� �� ,� rr 2 EFTM.ti11G, N. Uihe:uv iv r Notary Pub.'ic t Cammonwaeith of Mas$acnusetts STATE OF • My Comi-^:s;cn Expires l COUNTY OF ■_ b t The foregoing instrument was executed, acknowledged and delivered before me on Men;,a' 2009, by George Deligiannides, the managing member of SHOPPES OF NOBS pE C, on behalf of the company. He f l Is personally known to me or ir5 has produced - L.-. idehtikation. as :4 . 0 I 00 . I ill 1 1 1�,:............ I Note ' • ublic, State and County , ` . Aforesaid �,�t��4c:'. .n: Print Name: , i 111111f1 + '..:a !I '' • -} My commission expires: ' My commission number. . •'„ . .1.'... . - " ` I (NOTARIAL SEAL) / r'" . '�: I Fr rFit;,.,., ,: J;nL'3OMO8 i t ■ Notary Puctic Comrrenwira th of Massachusetts My Commission Expires x - - - -- ` + t I � 15 1 . f Exhibit "A" LEGAL DESCRIPTION OF SUBJECT SITE SHOPPES OF NORTHSHORE 383 ATLANTIC BOULEVARD ATLANTIC BEACH, FLORIDA Lots 7,8, 9,10,11,1 2,13,14,15,16,17, and 18, Block One (1), according to Plat No. 1 of Section "A ", Atlantic Beach, recorded in Plat gook 5, Page 69, of the current Public Records of Duval al County, Florida, together with that portion of Lot 19, Black 1, of said subdivision being more particularly described as follows: starting at a point on Ahern Street at the Northeast comer Lot 19, run thence South along the Easterly lot tine of said Lot 19 for a distance of 82.6 feet to a point; thence at right angle Westerly on a line parallel to Ahem Street run for a distance of 14 feet; thence run at a right angle Northerly on a line parallel to the Easterly line of Lot 19 distance of 82,6 feet to the South line of Ahem Street; thence at a right angle Easters alon d Easterly Southerly line of Ahern Street run a distance of 14 feet to the Point of Beginning, 9 said SAID PROPERTY ALSO DESCRIBED AS: All of Lots 7, 8, 9,10,11, 12,1 3,14,15,16,17, and 18 together with a part of Lot 19 all in BI 1, according to plat of Subdivision "A ", Atlantic Beach, as recorded in Plat Book 5, Page 89, f the current Public Records of Duval County, Florida, and ail being more particularly described as follows: For a Point of Beginning, commence at the Northeast comer of said Lot 7; thence South 06 degrees 18 minutes 00 seconds East, along the East line of said Lots 7 and 8, a distance of 220.31 feet to the North Right of Way line of Atlantic Boulevard (State Road No. 10 and A -1-A a 100 foot Right of Way as now established); thence South 89 degrees 44 minutes 00 seconds West, along said North Right of Way line, a distance of 351.96 feet to the East line of said Lot 19; thence North 06 degrees 18 minutes 00 seconds West, along said East Tine of Lot 19, a distance of 100.71 feet; thence departing said East line, South 83 degrees 42 minutes 00 seconds West, a distance of 14.00 feet; thence North 06 a distance of 82.60 feet to the South Right of Way line ofAhern Stre t (a 57 foot Righto Way as now established); thence North 83 degrees 42 minutes 00 seconds East, along said South Right of Way line, a distance of 364.00 feet to the Point of Beginning. Doc # 2011115299, OR BK 15610 Page 651, Number Pages: 3, Recorded 05/25/2011 07 :19 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $0.00 IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO: 16- 2010 -CA- 014724 DIVISION: FC -C FIRST GUARANTY BANK AND TRUST COMPANY OF JACKSONVILLE, Plaintiff, vs. THE ATLANTIS OF JACKSONVILLE FILED BEACH, INC., a Florida corporation, SURFACE TECHNOLOGIES MAY 1 2011 CORPORATION, a Florida corporation, NORSHORE, LTD., a Florida limited #0 F 40:. K y - partnership, SHOPPES OF NORSHORE, CLRN CIRCUIT COURT LLC, a Florida limited liability company, CHRIS HIONIDES, and NADIA HIONIDES, Defendant(s). ORDER ON PLAINTIFF'S VERIFIED MOTION FOR TEMPORARY INJUNCTION OR IN THE ALTERNATIVE, FOR THE APPOINTMENT OF RECEIVER This cause came before the Court on the morning of Tuesday, May 10, 2011, for a hearing on Plaintiff's Verified Motion for Temporary Injunction or, in the Alternative, Appointment of Receiver and, the Court having reviewed said Motion, heard the argument of counsel and the citations of relevant authority, and noting that Defendant, the Atlantis of Jacksonville Beach, Inc., has offered no opposition to the granting of the subject Motion, the Court hereby ORDERS AND ADJUDGES as follows: OR BK 15610 PAGE 652 1. The proposed lease which is the subject matter of the present Motion apparently is not being pursued to the Defendant, The Atlantis of Jacksonville Beach, Inc. ( "Atlantis "), and the issues relating to same which were raised in the present Motion are therefore deemed moot by this Court. 2. During the future course of the present proceedings, Defendant, Atlantis, shall not undertake to enter into any lease agreements with either the presently - proposed tenant or any other tenants without first, fully notifying Plaintiff, First Guaranty Bank and Trust Company of Jacksonville ( "First Guaranty "), of the terms and conditions of the proposed lease; providing Plaintiff, First Guaranty, with all information regarding same which may be reasonably requested; and obtaining the written consent of Plaintiff, First Guaranty, to the proposed lease. 3. Should Plaintiff, First Guaranty, decline to give its consent to any leasehold arrangement proposed by Defendant, Atlantis, then Atlantis may file a Motion requesting the approval of the Court for such proposed lease, which shall make arrangements or the sequestration of any and all rents generated by the subject lease pending the determination of the present litigation and an Order directing the disbursement of any funds received under the lease both during and at the conclusion of the present case. DONE AND ORDERED in Chambers in Jacksonville, Duval County, Florida this fi day ofMay,2011. C C ircuit Court Judge 6 4; /de e/ Property Appraiser - Property Details Page 1 of 2 SHOPPES OF NORSHORE LLC Primary Site Address Official Record Book /Pace Tile # PO BOX 330108 363 ATLANTIC BLVD 14858 -01983 9421 ATLANTIC BEACH, FL 32233 Atlantic Beach FL 32233 363 ATLANTIC BLVD Property Detail _ Value Summary RE # 169730-0000 ` 201 ccr'tifieg. Tax District . USD3 I Value Method Income Income P Property Use 1692 SHOP CTR NBHD 1 Total Building Value $0.00 $0.00 I _ { L al D Buildings Extra Feature Value $0.00 $0.00 eg esc 69 21 2S 29E 1.65 Land Value (Market) , 5 11 ATLANTIC BEACH I !fig value (Arnica I 00 1$0 00 Subdivision 03101 ATLANTIC BEACH Just (Market) Value ; $3,400,600.00 $3,192A00.00 Assessed Value 3 The sale of this property may result in higher property taxes. For more i nformation g $3,400,600.00 1 $3,192,400.00 to Save Our Homes and our Property Tax Estimator . Property values, exemptions and Cap $. Doff /Portability Amt $0.00 / $0 00 $0.00 / $0.00 v other information listed as 'In Progress' are subject to change. These numbers are i-- -- � -� --- , part of the 2011 working tax roll and will not be certified until October. Learn how the I Exemptions I $0.00 l See below le ' $3 , 4 00,6 00.00 Property Appraiser's Office values Property. Taxable Value See below ...._...J Taxable Values and Exemptions - In Progress If there are no exemptions applicable to a taxing authority, the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD /FIND Taxable Value School Taxable Value No applicable exemptions No applicable exemptions No applicable exemptions Sales History Book /Page r Sale Date Sale Price ,,gegnstrynpent Type C:151s_ Vacant Improved 14858-01983 3/31/2009 $100.00 WD Warranty Deed , Unqualified I Improved 14831-01215 3/31/2009 $3,850,000.00 1 WD Warranty Deed Qualified , Improved 09344-01233 5/25/1999 $2,469,800.00 WD Warranty Deed , Qualified Improved 07708-01113 1 10/23/1993 $100.00 WD Warranty Deed Unqualified Vacant 06935-00666 7/23/1990 $800,000.00 WD Warranty Deed Qualified Vacant 03282 -00578 10/19/1971 $13,400.00 ; MS - Miscellaneous 3 Unqualified Improved Extra Features LN fedliteSasie ` Feature Description 1 Bldg. I Length i Width Total Units ; Value 1 PVAC1 Paving Asphalt (1 j 0 0 28,891.00 $15,774.00 2 FWDC1 ± 1 Fence Wood 1 1 0 + 0 1 21.00 , $46.00 3 LPMC1 Light Pole Metal : 1 ; 9 0 0 ,, 3.00 t i _ 1 ; � $913.00 4 LITC1 1 0 L ighting Fixtures i 1 0 ' 5.00 1 $850.00 5 FWDC1 Fence Wood 2 0 € 0 1 67.00 $196.00 6 PVCC1 Paving Concrete 2 ( 0 0 1 600.00 $619.00 8 PVCCS Paving Concrete 3 0 0 9,154.00 $5,236.00 7 PVAC1 Asphalt to 3 i 0 1 0 1 914.00 $943.00 9 LPMC1 ; Light Pole Metal ' 3 0 0 ; 1 1.00 $304.00 10 LITC1 Lighting Fixtures 3 1 0 0 1.00 $170.00 11 WMCC1 , Wall Masonry/Concrt 3 0 0 I 448.00 1 $1,027.00 Land & Legal Land Leal LN L Use Descr ptiolt = Front . Depth Category I Land Units I Land Value F LN Le,al Description 1 { 1000 COMMERCIAL 1 ACG 1 0.00 I 0.00 Common 71,874.00 1 $1,796,131.00 1 5 -69 21-2S-29E 1.65 2 = ATLANTIC BEACH i 3 i LOTS 7 TO 18,PT LOT 19 RECD 14 0/R 14858 -1893 BLK 1 Buildings Building 1 Building 1 Site Address 1 Element Code Detail 363 ATLANTIC BLVD Exterior Wall 17 17 C.B. Stucco Atlantic Beach FL 32233 G Roofing Structure 4 I 4 Wood Truss ( .602 - SHOP ...._.._.. ,- Roofing Cover ( 4 J 4 Built Up or T & G Building Type 1602 SHOP CTR NBHD I ... _.- Year Built 1990 Interior Wall 5 5 Drywall D Int Flooring 1 14 ' 14 Carpet http: / /apps.coj. net /pao_propertySearch /Basic /Detail.aspx ?RE= 1697300000 8/8/2011 Property Appraiser - Property Details Page 2 of 2 i Gross Area t Heated Area Int Flooring 15 15 Quarry /Hard Tile 0 ° Base Area i 13100 1 13100 "° .- Heating Fuel 4 1 4 Electric ■ Canopy ; 1572 1 0 tt , _ . _.._..__ 1 Heating Type 4 i 4 Forced Ducted Total 14672 ' 13100 1 Air Conditioning 13 3 Central ' Ceiling Wall Finish t 5 5 S Ceil Wall Fin BAS ■ s I Comm Htg & AC 1 1 1 Htg & A/C Pkg I Comm Frame ! 3 13 C- Masonry Element ' Code I Stories 1.000 i 1 Bedrooms 1.000 1 Baths 139.000 4. Rooms / Units 20.000 I Avg Story Height 12.000 2010 Notice of Proposed Property Taxes (Truth in Millaae Notice) joxinp pistrict ( Assessed Value i Exemptions { i Taxable Value ; Last Year Proposed t Rolled -back County $3,192,400.00 1 $0.00 I $3,192,400.00 ! $22,935.69 $21,531.46 I $23,008.90 Public Schools: By State Law ' $3,192,400.00 ' $0.00 ' $3,192,400.00 ' $18,179.61 $16,935.68 i $18,249.35 By Local Board ( $3,192,400.00 $0.00 } $3 192,400.00 ' $8,494.70 $7,176.52 $8,527.22 FL Inland Navigation Dist. $3,192,400.00 I $0.00 $3,192,400.00 , $117.32 $110.1 $113.65 1 Atlantic Beach r $3,192,400.00 $0.00 ¢ $3,192,400.00 $10,729.91 1 $10,625.90 $10,625.90 Water Mgmt Dist. S.IRWMD $3,192,400.00 1 $0.00 G $3,192,400.00 ' $1,413.97 1 $1,057.64 $1,439.45 Gen Gov Voted $3,192,400.00 1 $0.00 1 $3,192,400.00 $0.00 $0.00 . $0.00 Urban Service Dist3 $3,192,400.00 I School Board Voted = $3,192,400.00 I $0.00 � , $3 192,400.00 $0.00 $0.00 : $0.00 �. _. 1 $0.00 $3,192,400.00 $0.00 i $0.00 i $0.00 Totals -- i $61,871.20 I $57,437.34 i $61,964.47 ■ i Just Value Assessed Value 1 Exemptions 1 Taxable Value Last Year fi $3,400,600.00 a $3,400,600.00 $0.00 ! $3,400,600.00 Current Year ; $3,192,400.00 m i $3,192,400.00 $0.00 $3,192,400.00 Property Record Card (PRC) The Property Appraiser's Office (PAO) provides historical property record cards (PRCs) online for 1995 -2005. The PAO no longer maintains a certified PRC file due to changes in appraisal software; therefore, there are no PRCs available online from 2006 forward. You may print this page which provides the current property record. (Sections not needed can be minimized.) To rint the past -year cards below, set your browsers Page Set Up for printing to Landscape. 2005 1 2004 1 2003 1 2402 1 2001 1 2000 1 1999 1 1998 1 1997 1 1996 1 1995 More Information arcel Tax Record 1 GIS Man 1 Mao this property on Gooale Maas 1 City Fees Record http://apps.coj.net/pao_propertySearch/Basic/Detail.aspx?RE=1 697300000 8/8/2011 www.sunbiz.org - Department of State Page 1 of 2 FLORIDA DEPARTMENT OF STATE Y .. DI VISION OF CORPORATIONS Home Contact Us E- Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search Events No Name History Submit Detail by Entity Name Florida Limited Liability Company SHOPPES OF NORSHORE, LLC Filing Information Document Number L09000031027 FEI /EIN Number APPLIED Date Filed 03/31/2009 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 11/02/2010 Event Effective Date NONE Principal Address 363 ATLANTIC BLVD. ALTANTIC BEACH FL Mailing Address 2275 ATLANTIC BLVD. NEPTUNE BEACH FL 32266 Changed 11/02/2010 Registered Agent Name & Address SORRELL, MARY C 2275 ATLANTIC BLVD. NEPTUNE BEACH FL 32266 Address Changed: 11/02/2010 Manager /Member Detail Name & Address Title MEMB HIONIDES, CHRIS 2275 ATLANTIC BLVD. NEPTUNE BEACH FL 32266 US Annual Reports Report Year Filed Date 2010 11/02/2010 2011 03/10/2011 Document Images http: / /sunbiz. org/ scripts /cordet. exe? action= DETFIL &ingdoc _number =L 0900003102 7& inq... 8/8/2011 www.sunbiz.org - Department of State Page 2 of 2 03/10/2011 -- ANNUAL REPORT [ View image in PDF format 11/02/2010 -- REINSTATEMENT [ View image in PDF format I 03/31/2009 -- Florida Limited Liability [ View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History Submit Home i Contact us ; document Searches I h Server es 1 Forms i Hera r opyri(ihi S, and F'rivat V Policles State of t=lorido, Department of State http: / /sunbiz.org/ scripts /cordet.exe? action = DETFIL& inq _doc_number= L09000031027 &inq... 8/8/2011 2011 LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT# L09000031027 Mar 10, 2011 Secretary of State Entity Name: SHOPPES OF NORSHORE, LLC Current Principal Place of Business: New Principal Place of Business: 363 ATLANTIC BLVD. ALTANTIC BEACH, FL Current Mailing Address: New Mailing Address: 2275 ATLANTIC BLVD. NEPTUNE BEACH, FL 32266 FEI Number: FEI Number Applied For (X) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: SORRELL, MARY C 2275 ATLANTIC BLVD. NEPTUNE BEACH, FL 32266 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date MANAGING MEMBERS /MANAGERS: Title: MEMB Name: HIONIDES, CHRIS Address: 2275 ATLANTIC BLVD. City -St -Zip: NEPTUNE BEACH, FL 32266 US I hereby certify that the information indicated on this report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statues. SIGNATURE: CHRIS HIONIDES PRES 03/10/2011 Electronic Signature of Signing Managing Member, Manager, or Authorized Representative / Date BUILDING PERMIT APPLICATION CITY OF ATLANTIC BEACH 800 Seminole Road, Atlantic Beach, FL 32233 Office (904) 247 -5826 Fax (904) 247 -5845 Job Address: 3�0 ? J ft7 f L /5 . Mi'7 / Permit Number: // - 2-3 $7 nrL. rWrla QP•f'e, / . 3;415 Legal Description �r'S 1 %p��2 Parcel # r'loor ea of Sq.Ft. Sq.Ft Valuation of Work S 7 POO Proposed Work heated /cooled non - heated/cooled Class of Work (circle one): New Addition �! • • : epair Move Demolition pool /spa window /door Use of existing/proposed structure(s) ((circle one): Commerc' Residential i If an existing structure, is a fire sprinkler system costa - = " rcle one): Yes N /A Florida Product Approval # For multiple products use product approval form Describe in detail the type of work to be performed: ,4j i#'i ' P6 it 9.01 GoAxe. & ( )4n1S 1 i f. Property Owner Information: Name: Address: City State _ Zip Phone E -Mail or Fax # (Optional) Contractor Information: : Company N: me: ;ILA/ .a,...,. r i 44 Qualifying Agent: e ,-/ ' - `•Address: ' 2 . 4a".7�iiTt A-,.;✓✓ / C 7 lv .�- 1-.. t� State / Zip 32 Office Pho ' 'J Job Site/ Contac Number /5,00LEj7i• b, ie�ax # State Certifi atio • egistration # Architect Name &Phone # EAiMRNUFZ6e P/7P 4 . ''' '-; ' ,. 's am &Pho # i Bonding Company Name and Address Fee EngineerSimple NTitle e Holder ne N and Address F 1 L E C 0 P ` Mortgage Lender Name and Address Al ,, ... _ tea»«!' Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or inst has commenced prior to the issuance of permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction This permit becomes null work void if ommen ed. of commenced nderand within six separate permits o suspended must be secured for Electrical Work, Plumbin abandoned s, a W e lis Pools Furnaces , Boilers, Heaters, time Tanks and Air Conditioners, etc. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF . COMMENCEMENT. I hereby certify that l have read and examined this vplication and know the same to be true and correct. All provisions of laws and ordinances gover ' g this type of work will be complied with whether specified h in or not. The granting of a permit does not presume to !tve authority to violate or - •ncel the provisions of any other federal, st, o oval law regulg construction or the performance of construction. /.4Neirr-- Signature of Owner Signature of Contract . ,./....i. . -- Print �ofilic k 1 ^Y r1 Print Name ! ...... .... .. . ............ P ._p ... .� �r . e, . ,... ......... " . , v ................ .... ....... ................................................................... ............................... Sworn to and subscribed before me Sworn to and subscribed be ore me this a S Day of int / y _ _ _ _ 20 % / _ _ _ this _ Day of JAI_ , , • • I� f1- .11•- otar Pub .. yyrr,, • S Notary Pubes • State of Florida 1V otart ', g - • it I C My Comm. Expel Nov 16, 2012 iii` Expires 11/7!2012 = '? Commission di DD 038556 1 q Asin, 4sed 01.26.10 t "' Bonded Through NNW Win Assn. " " ' BUILDING PERMIT APPLICATION CITY OF ATLANTIC BEACH 800 Seminole Road, Atlantic Beach, FL 32233 Office (904) 247 -5826 Fax (904) 247 -5845 Sob Address: "5 4 7 3 /-tt Permit Number: .egal Description Parcel # Ialnation of Work $ floor Area of Sq.Ft. S Ft Proposed Work heated/cooled ,� n heated/cooled :lass of Work (circle one): New Addition Alteration Repair � Mo[e Demolition oUspa window /door Ise of g/pro structure(s) circle one): Commercial Residential I an existing structure, is a fire sprinkler system installed? (Circle one): Yes No N /A lorida Product Approval # or multiple products use product approval form ^� / / )escribe in detail the type of work to be performed: - -- CY1O(/ 5n /4 le/ ,- ) /- 0 t-r S77 ct, /'.(Jo -s rouertv Owner Information: ' Address: it y State Zip Phone -Mail or Fax # (Optional) ontractor Information: / gyp/ ¢ Ul / ompany Name: /1.r -/4ti� r,t2 (• 0,7 Qualifying Agent: L d- ood 6 d, I Z, c s ddress: yt3 P,fRcr, PR fe ra,.9 c C 7 City 3- State ,e47 Zip 2,1 2.2 9 mee phone HI't 2( of 7 S 7 7 Job Site/ Contact Number Fax # ate Ce tification/Registration # cy%E3 ` rchitect Name & Phone # agineer's Name &Phone # _ — so Simple Title Holder Name and Address onding Company Name and Address lortgage Lender Name and Address Titration is herby made to obtain a permit to do the work and installations as indicated I cern), that no work or &retaliation has commenced prior to the vane of a pennit and that all work be pe ormed to meet the standards of ail laws regulating construction to thisfurisdirtion. Thu permit becomes null d void rwork is not commenced within etc (6j months, or tf construction or work is d or a fora yyiod glair b) months at any time a wk is tnkr atom menc commenced I understand that separate permits must be secured for L7rk, ytwuWs,g signs Wens, pool,, Furna Boilers, Healers er WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. ere eertl(r that I have road and =mined thisgpplon and t - to be true anti correct. All provisions a laws � d ordinaries goner : this +e of work will be complied with whether spec,t�tesdd herein or no * 'vision, ofany other federal, state, or local l o granting of a ft does not presume to : to vi . ,:.e or • e . the � Non or the performance nce of construe-Eon. � I / 4111 / Signature of Contr= . ,o gnature of Own int Name / i Print Name -� �+P,ut'It � L itr.9 �tI..N... _ ....1 _ p ... S . � 6-. . ✓om ad subscrib efore me Sword to and subs ibe. before me s is ay of ,21 � � th 6*"' Day ofl t(, , 20 11 ` r . a ry 0 r „ o, !! r MARTHA DENISE QUINN +:r 'u. icy — N Tai, s -crnamokeeersere/ • TTT• 3 :0;Z,`. Expires 7/25/2012 k k l I — ' til F ' ''/' ' - r 0 7 0 a v Notary Mae t R. z .26a NOranAeen, ire My Commission • . December 9. 20141. w x x yr H I LANI•IC BEACH 800 Seminole Road, Atlan ' . - • - 233 VCTICC Office ( 2' Fax (904) 247 -5845 Job Address: __.3 .3 R1ZtT/ �/,�p R _____ G .:f1 __ 3zza3 Legal Description a" t7 No _ Permit Number: �� — p� �, g • oor • rea o - ", 5 T�+IrEPrV Parcel # Valuation of Work $_ ZSOroaO a ' ____�_. _ Proposed Work heated /cooled % J a i .,. 0 20, Class of Work (circle one): New Addition I Repair Move pemol'r r, pool /spa win Use ofexisting/propoaed structures) (circle one): MA Q If an existing structure, is a fire sprinkler system ins Reaidenti 2 201 Florida Product Approval # O "e) Yes 1 N /A Sy For multiple products use pro uct approve term L Describe in detail the type of work to be performed: !A 0 �,,r pP � rr :,_,�'''' - God - -of 'irrzo. A - ar 7N Prope Owner I nforation m Name: __ , U "� c City _ — - ._ Ad d ress: E -Mail or Fax # (O State _ Zip _� Phon _ _ � -- ___ -- t Contractor Information: — , Company Name: T NE2'S ! ®NS T/ON t / , ,. Address: r trail_ g Ague: , � j> a • Office Phone la-3 p- ZS ' Job Site/ ontact N u b. , State j / P State Certification/Registration # + r 5' # �/ Architect Name & Phone # , „ T Engineer's Name & Phone # - - ____ _ — _ II Fee Simple Title Holder Name and Address Bonding Company Name and Address - • Mortgage Lender Name and Address _ — - - -_ , _ _ __ _ -' Application is hereby made to obtain a permit to do the work and instollatin+ as indicated. i eer ifv that nn work nr installation has commenced prior to the issuance ofn permit and that all work will he ! f m xr nr ed to meet the standard of all laws regulating construction in this jurisdiction. This permit becomes null and void ((work is not commenced within six /R/ months, or / constraetion o work is suspended d or abandoned for ap e rite/ of six 09 months al any time after ,work is wane, ed I understand that separate permits must he secured f • Electrical Work, Plumhhtg, Sims, Wells, Pools. Furnaces, Ropers, tie Tanks tend Air Conditioners, etc as, COMM NCEMENT' MA RESULT IN YOUR F UR ILURE PAYING T RECORD FONOTICE I OVEME FOR YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY EFORE RECORDING YOUR NOT E OF COM NCEMENT. I hereby certify that 1 have read and a wanner this application and know , type o/ work w ill he complied with whether s t red herein or n, •anti to he a OW correct. All pr . of laws rid • n v i o lat provisions nl'any other federal. slate. or lnra/ law c r the per o a permit ones ant presum n give a !rot' • in violate n is _ man the p.irfnrntanre n(catslrtrrlinn. J re Signature of Owne Signature of Name. - Print Name. OA 1 �itol� Print Name 6 00 7yp Sworn q and subscri d befo me this ?. pay of s 1 ,0 Sw•o n and subset . e eon; me 411, .A. this D y of it .21_11 Notary Public / , N 1 % # . Otary u Ic �,,v''yy1�aQ�rs .10 F J. LEWIS C MICHELLE KAY DAL CE POW Public „mru, r ko,, Commit DD0807477 WICOMMONWEALTM OF MASSACHUSETTS � Expires 11(!/2012 My NO amis es Ex P Fbdda Notary Assn., Inc fki 11° dit. s Ae ig rn :,/lt , ii ' u /i. K 6 1 1Y ....- BUILDING PERMIT APPLICATION CITY OF ATLANTIC BEACH 800 Seminole Road, Atlantic Beach, FL 32233 Office (904) 247 -5826 Fax (904) 247 -5845 Job Address: l0 S / 47r7 , T7 Lt . - I Jc l Permit Number: Legal Description Parcel # Floor Area of Sq.Ft. Sq.Ft Valuation of Work $ Proposed Work heated /cooled non - heated /cooled Class of Work (circle one): New Addition Alteration Repair Move Demolition pool/spa window /door Use of existing /proposed structure(s) (circle one): Commercial Residential If an existing structure, is a fire sprinkler system installed? (Circle one): Yes No N /A Florida Product Approval # For multiple products use product approval form • Describe in detail the type of work to be performed: 10/.7 5' / 6 i Ott 1/ b� waL� � Property Ow r Information: Name: Address: City State _Zip Phone E -Mail or Fax # (Optional) Contractor Information: Company Name: Qualifying Agent: Address: City State Zip Office Phone Job Site/ Contact Number Fax # State Certification/Registration # Architect Name & Phone # Engineer's Name & Phone # Fee Simple Title Holder Name and Address Bonding Company Name and Address Mortgage Lender Name and Address Application is hereby made to obtain a permit to do the work and installations as indicated I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. This permit becomes null and void if work is not commenced within six (6) months, or if construction or work is suspended or abandoned for aperiod of six 6) months at any time after work is commenced. I understand that separate permits must be secured for Electrical Work, Plumbing, Signs, Wells, Pools, F urnaces, Bo Heaters, Tanks and Air Conditioners, etc. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. I hereby certify that 1 have read and examined this . application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other federal, state, or local law regulating construction or the performance of construction. Signature of Owner Signature of Contractor Print Name Print Name Sworn to and subscribed before me Sworn to and subscribed before me this Day of , 20 this Day of , 20 Notary Public Notary Public Revised 01.26.10 1U`1t, 800 Seminole Road Atlantic Beach, Florida 32233 .. I Telephone (904) 247 -5800 FAX (904) 247 -5845 Construction Site Management Plan Compliance A construction site management plan conforming to Atlantic Beach City Code Sec 6 -18 has been approved as a part of this building permit. The Construction site management plan was approved based upon the following information. 1. Parking plan - parking plan showing how site will be accessed and all onsite and abutting street parking areas. 2. Location of construction trailers, loading /unloading area and material storage area. 3. Location of chemical toilet area - chemical toilets must be kept out of City right -of -way and not further than 15 feet from structure under construction. 4. Location of dumpster - dumpster must be from approved waste company (in accordance with Chapter 16 City Code). As of 2009, approved dumpster companies for Atl. Beach are Advanced Disposal, Realco Recycling, and Shappells. Dumpsters are to have tarp covers or rigid covers on windy days. Dumpsters must be removed prior to issuance of Certificate of Occupancy or Completion. 5. Traffic control plan, showing access with dimensions, area to be stabilized, narrative on phasing of construction with adequate parking and delivery of materials. 6. Site cleanliness. Contractor must have the entire construction site cleaned by Friday of each week. This means removal of scrap lumber, concrete remnants and other such construction debris including cans, metal, plastic and paper. 7. Erosion and Sediment Control. Contractor must maintain all elements of the approved Erosion & Sediment Control Plan (silt fence, catch basin filters, etc.) until sod or other stabilization has been placed and approved by Public Works. 8. Other activities, where special conditions are identified by the Building Official. Failure to comply with the Construction Site Management Ordinance may result in a Stop Work Order being issued in accordance with City Code Sec. 6 -17 (3) Revised 6/2009 Property Appraiser - Property Details Page 1 of 2 SHOPPES OF NORSHORE LLC Primary Site Address Official Record Book /Paae Tile # PO BOX 330108 363 ATLANTIC BLVD 14858 -01983 9421 ATLANTIC BEACH, FL 32233 Atlantic Beach FL 32233 363 ATLANTIC BLVD Property Detail Value Summary RE # 169730 -0000 2010 Certified 2011 In Progress Tax District USD3 Value Method Income Income Prooertv Use 1692 SHOP CTR NBHD Total Building Value $0.00 $0.00 # of Buildings 3 Extra Feature Value $0.00 $0.00 Legal Desc. Land Value (Market) $1,796,131.00 $1,796,131.00 Subdivision 03101 ATLANTIC BEACH Lund Value (Aaric.1 $0.00 $0.00 The sale of this property may result in higher property taxes. For more information go lust (Market) Value $3,400,600.00 $3,192,400.00 to $ave Our Homes and our Property Tax Fstimalor . Property values, exemptions and Assessed Value $3,400,600.00 $3,192,400.00 other information listed as 'In Progress' are subject to change. These numbers are Cap Diff /Portability Amt $0.00 / $0.00 $0.00 / $0.00 part of the 2011 working tax roll and will not be certified until October. Learn how the Property ADnraiser's Office values property, FIIPmotiona $0.00 See below Taxable Value $3,400,600.00 See below • Taxable Values and Exemptions - In Progress % If there are no exemptions applicable to a taxing authority, the Taxable Value is the same as the Assessed Value listed above in the Value Summary box. County/Municipal Taxable Value SJRWMD /FIND Taxable Value School Taxable Value No applicable exemptions No applicable exemptions No applicable exemptions Sales History Book /Page Sale Date Sale Price . 1 , 11 - Oua)ified /Unquelifje4 Vacant /Improved ,., 14858 -01983 3/31/2009 $100.00 WD - Warranty Deed Unqualified Improved I) 14831 -01215 3/31/2009 $3,850,000.00 WD - Warranty Deed Qualified Improved GQ 09344 -01233 5/25/1999 $2,469,800.00 WD - Warranty Deed Qualified Improved 07708 -01113 10/23/1993 $100.00 WD - Warranty Deed Unqualified Vacant 06935 -00666 7/23/1990 $800,000.00 WD - Warranty Deed Qualified Vacant h 03282 -00578 10/19/1971 $13,400.00 MS - Miscellaneous Unqualified Improved M \S Extra Features LN Feature Cade Feature Description Bldg. Length Width Total Units Value J ` 1 PVAC1 Paving Asphalt 1 0 0 28,891.00 $15,774.00 2 FWDC1 Fence Wood 1 0 - 0 21.00 $46.00 3 LPMC1 Light Pole Metal 1 0 0 3.00 $913.00 4 LITC1 Lighting Fixtures 1 0 0 5.00 $850.00 5 FWDC1 Fence Wood 2 0 0 67.00 $196.00 ' 6 PVCC1 Paving Concrete 2 0 0 600.00 $619.00 7 PVAC1 Paving Asphalt 3 0 0 9,154.00 $5,236.00 8 PVCC1 Paving Concrete 3 0 0 914.00 $943.00 9 LPMC1 Light Pole Metal 3 0 0 1.00 $304.00 10 LITC1 Lighting Fixtures 3 0 0 1.00 $170.00 11 WMCC1 Wall Masonry/Concrt 3 0 0 448.00 $1,027.00 Land & Legal Land Legal LN Cage Use Description Zoning Front Depth Category Land Units Land Value LN Legal Description _ 1 1000 COMMERCIAL ACG 0.00 0.00 Common 71,874.00 $1,796,131.00 1 5-69 21-2S-29E 1.65 c \ +� 2 ATLANTIC BEACH 3 LOTS 7 TO 18,PT LOT 19 RECD n 4 0/R 14858 -1893 BLK 1 Buildings Building 1 , S v Building 1 Site Address Element Code Detail V 363 ATLANTIC BLVD Exterior Wall 17 17 C.B. Stucco �y 10' �1 � I L rl - Atlantic Beach FL 32233 -- 9,111/ Roofing Structure 4 4 Wood Truss U \ _ Building Type 1602 - SHOP CTR NBHD Roofing Cover 4 4 Built Up or T & G 1 \)'\‘' 141\\ Year Built 1990 Interior Wall 5 5 rywa ,,,,,,///�� Int Flooring 14 14 Carpet /Y 1 http: / /apps.coj. net /pao_propertySearch /Basic /Detail.aspx ?RE = 1697300000 8/4/2011 Property Appraiser - Property Details Page 2 of 2 Ixue Gross Area Heated Area Int Flooring 15 15 Quarry/Hard Tile Base Area 13100 13100 Heating Fuel 4 4 Electric Canopy 1572 0 Heating Type 4 4 Forced - Ducted Total 14672 13100 Air Conditioning 3 3 Central ---- AS I n Ceiling Wall Finish 5 5 S Ceil Wall Fin 11 Comm Htg & AC 1 1 Htg & NC Pkg Comm Frame 3 3 C- Masonry Element Code Stories 1.000 Bedrooms 1.000 Baths 39.000 Rooms / Units 20.000 Avg Story Height 12.000 2010 Notice of Proposed Property Taxes (Truth in Millaae Noticel Property Record Card (PRC) The Property Appraiser's Office (PAO) provides historical property record cards (PRCs) online for 1995 -2005. The PAO no longer maintains a certified PRC file due to changes in appraisal software; therefore, there are no PRCS available online from 2006 forward. You may print this page which provides the current property record. (Sections not needed can be minimized.) To rint the past -year cards below, set your browser's Page Set Up for printing to Landscape. 2445. 1 2004 1 2003 1 1.442 1 244.1 1 2444 1 1999 1 194$ 1 1997 1 1996 1 1995 More Information arcel Tax Record I GIS Man 1 Mao this Property on Gooale Mao 1 City Fees Record http: / /apps.coj. net /pao propertySearchBasic /Detail.aspx ?RE= 1697300000 8/4/2011 www.sunbiz.org - Department of State Page 1 of 2 FLORIDA l) PAR °I'j1EiN "I` OF STAi E DIVISION 01 C0RI'0Ra1I0: S / � r Home Contact Us E- Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search Events No Name History Submit Detail by Entity Name Florida Limited Liability Company SHOPPES OF NORSHORE, LLC Filing Information Document Number L09000031027 FEI /EIN Number APPLIED Date Filed 03/31/2009 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 11/02/2010 Event Effective Date NONE Principal Address 363 ATLANTIC BLVD. ALTANTIC BEACH FL Mailing Address 2275 ATLANTIC BLVD. NEPTUNE BEACH FL 32266 Changed 11/02/2010 Registered Agent Name & Address SORRELL, MARY C 2275 ATLANTIC BLVD. NEPTUNE BEACH FL 32266 Address Changed: 11/02/2010 Manager /Member Detail Name & Address Title MEMB HIONIDES, CHRIS 2275 ATLANTIC BLVD. NEPTUNE BEACH FL 32266 US Annual Reports Report Year Filed Date 2010 11/02/2010 2011 03/10/2011 Document Images http: / /sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc _number= L09000031027 &inq... 8/4/2011 www.sunbiz.org - Department of State Page 2 of 2 03/10/2011 -- ANNUAL REPORT View image in PDF format 11/02/2010 -- REINSTATEMENT View image in PDF format 03/31/2009 -- Florida Limited Liability t View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History Submit 1 Howe I Contact us I Document Searches l E -Filmo Services I Forms I Hein Couvriciht(c) and PrivLCy Policies State of Florida, Department of State http: / /sunbiz.org/ scripts /cordet.exe? action= DETFIL& inq _doc_number= L09000031027 &inq... 8/4/2011