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Filing # 195959267 E-Filed 04/11/2024 09:29:07 AM
IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL DIVISION
NEWTEK BANK, NATIONAL
ASSOCIATION,
Plaintiff, Case No.
v.
SOUTHERN FLORIDA PROPERTY
DEVELOPMENT COMPANY, LLC d/b/a
Shipwrecked Bar and Grill, BENJAMIN C.
KAYE, an individual, CURTIS M. KAYE,
an individual, OSPREY HARBOR
VILLAGE MASTER ASSOCIATION,
INC., JANE/JOHN DOE, fictitious names
representing unknown tenants in possession,
and ALL UNKNOWN PARTIES
CLAIMING INTERESTS BY, THROUGH,
UNDER OR AGAINST A NAMED
DEFENDANT TO THIS ACTION, OR
HAVING OR CLAIMING TO HAVE ANY
RIGHT, TITLE OR INTEREST IN THE
PROPERTY HEREIN DESCRIBED
Defendants.
/
CERTIFICATION OF POSSESSION OF ORIGINAL NOTES
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
BEFORE ME this day personally appeared Hector Perez, who, first being duly sworn,
deposes on personal knowledge and says:
1. I am an authorized signatory for Plaintiff, Newtek Bank, National Association.
2. On April 9, 2024 at 4:58 PM, I verified possession of the original notes described
below:
1
Filed 04/11/2024 10:07 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
a) Note in the original principal amount of $353,000.00 executed by Southern Florida
Property Development Company on or about August 22, 2023, a copy of which is
attached as Exhibit "A"
b) Note in the original principal amount of $247,100.00 executed by Southern Florida
Property Development Company on or about August 22, 2023, a copy of which is
attached as Exhibit "B"
c) Note in the original principal amount of $90,000.00 executed by Southern Florida
Property Development Company on or about August 22, 2023, a copy of which is
attached as Exhibit "C"
3. The original notes are being maintained securely at Newtek Bank, National
Association's office located at 14 E. Washington Street, Suite 600-J, Orlando, FL 32801 and will
be filed herein in due course.
4. Under penalties of perjury, I declare that I have read the foregoing Certification of
Possession of Original Notes and that the facts stated in it are true.
THIS CONCLUDES MY AFFIDAVIT.
HLff!f:;5 �
The foregoing instrument was acknowledged before me by means of� presence
or □ online notarization, this �day of April 202 43, by Hector Perez, an authorized signatory
for Newtek Bank, National Association, who is personally known to me or who has
produced p L- D L as identification.
·,;:�>. SIMPLE
'."' :.=:\ Notari Pub1ic • "" -
, J/i tommls�lo � Kl-I 1479
····:.!_a, r,.f/ My Comm. cxplrei S.p \3,
• ..,•eonaed ttirouin Nation�l t-lotary PRINT NAME
NOTARY PUBLIC, State ofFlo.ridf
My commission expires: U.3
q (2D'Z8 ·
2
EXHIBIT A
EXHIBIT B
EXHIBIT C
U.S. Small Business Administration
NOTE
SBA Loan #
SBA Loan Name Shipwrecked Bar and Grill
Date 08-22-2023
Loan Amount $90,000.00
Interest Rate Prime Rate + 3.00% Variable Rate
Borrower Southern Florida Property Development Company LLC
Operating Company N/A
Lender Newtek Bank, National Association
1.PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of Ninety Thousand and 00/100 Dollars , interest on
the unpaid principal balance, and all other amounts required by this Note.
2.DEFINITIONS:
"Collateral" means any property taken as security for payment of this Note or any guarantee of this Note.
"Guarantor" means each person or entity that signs a guarantee of payment of this Note.
"Loan" means the loan evidenced by this Note.
"Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
3.PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
The interest rate on this Note will fluctuate. The initial interest rate is 11.25% per year. This initial rate is the Prime Rate in effect on
the first business day of the month in which SBA received the loan application, plus 3.00%. The initial interest rate must remain in
effect until the first change period begins unless changed in accordance with SOP 50 10.
Borrower must pay one payment of interest only on the disbursed principal balance one month from the month this Note is dated;
payment must be made on the first calendar day in the month it is due.
Borrower must pay principal and interest payments of $1,258.24 every month beginning two months from the month this Note is
dated; payments must be made on the first calendar day in the months they are due.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment, then to bring
principal current, then to pay any late fees, and will apply any remaining balance to reduce principal.
The interest rate will be adjusted every calendar quarter (the "change period"), beginning October 1, 2023 (date of first rate
adjustment).
The "Prime Rate" is the Prime Rate in effect on the first business day of the month (as published in the Wall Street Journal
newspaper ) in which SBA received the application, or the first day of the month in which any interest rate change occurs. Base
Rates will be rounded to two decimal places with .004 being rounded down and .005 being rounded up.
The adjusted interest rate will be 3.00% above the Prime Rate. Lender will adjust the interest rate on the first calendar day of each
change period. The change in interest rate is effective on that day whether or not Lender gives Borrower notice of the change.
The interest rate identified in the Note may not be changed during the life of the Loan unless changed in accordance with SOP 50 10.
SBA Form 147 (06/03/02) Version 4.1 Page 1/3
The interest rate adjustment period may only be changed in accordance with SOP 50 10.
Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note.
If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate in effect at the
time of the earliest uncured payment default. If there is no uncured payment default, the rate becomes fixed at the rate in effect at the
time of purchase.
Loan Prepayment:
Notwithstanding any provision in this Note to the contrary:
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time
without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary market, Borrower
must:
a. Give Lender written notice;
b. Pay all accrued interest; and
c. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21
days' interest from the date lender receives the notice, less any interest accrued during the 21 days and paid under
subparagraph b., above.
If Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give Lender a new
notice.
All remaining principal and accrued interest is due and payable 10 years from date of Note.
Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to 5.00% of the
unpaid portion of the regularly scheduled payment.
4.DEFAULT: Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower or
Operating Company:
A. Fails to do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Lender;
C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA;
E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA;
F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect Borrower's ability
to pay this Note;
G. Fails to pay any taxes when due
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law;
I. Has a receiver or liquidator appointed for any part of their business or property;
J. Makes an assignment for the benefit of creditors;
K. Has any adverse change in financial condition or business operation that Lender believes may materially affect Borrower's
ability to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior written consent;
or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay this Note.
5.LENDER'S RIGHTS IF THERE IS A DEFAULT: Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from any Borrower or Guarantor;
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
6.LENDER'S GENERAL POWERS: Without notice and without Borrower's consent, Lender may:
A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses;
B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan Document, and preserve
or dispose of the Collateral. Among other things, the expenses may include payments for property taxes, prior liens, insurance,
appraisals, environmental remediation costs, and reasonable attorney's fees and costs. If Lender incurs such expenses, it may
demand immediate repayment from Borrower or add the expenses to the principal balance;
C. Release anyone obligated to pay this Note;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
SBA Form 147 (06/03/02) Version 4.1 Page 2/3
7.WHEN FEDERAL LAW APPLIES: When SBA is the holder, this Note will be interpreted and enforced under federal law,
including SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice,
foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control,
penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation,
defeat any claim of SBA, or preempt federal law.
8.SUCCESSORS AND ASSIGNS: Under this Note, Borrower and Operating Company include the successors of each, and Lender
includes its successors and assigns.
9.GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire,
perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or
forgo enforcing any of its rights without giving up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part of this Note is unenforceable, all other parts remain in effect.
G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment,
demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim that Lender did not obtain any
guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of
Collateral at a sale.
10.STATE-SPECIFIC PROVISIONS:
NONE
11. BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
BORROWER:
Southern Florida Property Development Company LLC
By By
Benjamin C. Kaye, Managing Member of Curtis M. Kaye, Managing Member of
Southern Florida Property Development Southern Florida Property Development
Company LLC Company LLC
SBA Form 147 (06/03/02) Version 4.1 Page 3/3
Certificate Of Completion
Envelope Id: 9F85CD8D7FA446B48A6ECD143F50B7C8 Status: Completed
Subject: Complete with DocuSign: 2347454 - Closing Package - DocuSign - Southern Florida Property Develo...
Source Envelope:
Document Pages: 52 Signatures: 40 Envelope Originator:
Certificate Pages: 5 Initials: 30 Deborah Pezzutti
AutoNav: Enabled 1981 Marcus Avenue
EnvelopeId Stamping: Enabled Suite 130
Time Zone: (UTC-05:00) Eastern Time (US & Canada) Lake Success, NY 11042
dpezzutti@newtekone.com
IP Address: 174.63.176.142
Record Tracking
Status: Original Holder: Deborah Pezzutti Location: DocuSign
8/22/2023 8:18:01 AM dpezzutti@newtekone.com
Signer Events Signature Timestamp
Benjamin Kaye Sent: 8/22/2023 8:41:39 AM
benjamin_kaye@hotmail.com Viewed: 8/22/2023 9:37:30 AM
Security Level: Email, Account Authentication Signed: 8/22/2023 9:39:01 AM
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.27.129.122
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 8/22/2023 9:37:30 AM
ID: 4728e640-34eb-463d-87ed-21eb3d9f75fb
Curtis Kaye Sent: 8/22/2023 8:41:40 AM
Curtis.Kaye@outlook.com Viewed: 8/22/2023 10:38:00 AM
Security Level: Email, Account Authentication Signed: 8/22/2023 10:41:14 AM
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.212.36.41
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted: 8/22/2023 10:38:00 AM
ID: 5231d446-e5aa-477a-b8af-3ea061a73215
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Deborah Pezzutti Sent: 8/22/2023 8:41:40 AM
dpezzutti@newtekone.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Richard Park Sent: 8/22/2023 8:41:40 AM
rpark@newtekone.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/22/2023 8:41:40 AM
Certified Delivered Security Checked 8/22/2023 10:38:00 AM
Signing Complete Security Checked 8/22/2023 10:41:14 AM
Completed Security Checked 8/22/2023 10:41:14 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Preview
Filing # 195959267 E-Filed 04/11/2024 09:29:07 AM IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL DIVISION NEWTEK BANK, NATIONAL ASSOCIATION, Plaintiff, Case No. v. SOUTHERN FLORIDA PROPERTY DEVELOPMENT COMPANY, LLC d/b/a Shipwrecked Bar and Grill, BENJAMIN C. KAYE, an individual, CURTIS M. KAYE, an individual, OSPREY HARBOR VILLAGE MASTER ASSOCIATION, INC., JANE/JOHN DOE, fictitious names representing unknown tenants in possession, and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED Defendants. / CERTIFICATION OF POSSESSION OF ORIGINAL NOTES STATE OF FLORIDA COUNTY OF HILLSBOROUGH BEFORE ME this day personally appeared Hector Perez, who, first being duly sworn, deposes on personal knowledge and says: 1. I am an authorized signatory for Plaintiff, Newtek Bank, National Association. 2. On April 9, 2024 at 4:58 PM, I verified possession of the original notes described below: 1 Filed 04/11/2024 10:07 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL a) Note in the original principal amount of $353,000.00 executed by Southern Florida Property Development Company on or about August 22, 2023, a copy of which is attached as Exhibit "A" b) Note in the original principal amount of $247,100.00 executed by Southern Florida Property Development Company on or about August 22, 2023, a copy of which is attached as Exhibit "B" c) Note in the original principal amount of $90,000.00 executed by Southern Florida Property Development Company on or about August 22, 2023, a copy of which is attached as Exhibit "C" 3. The original notes are being maintained securely at Newtek Bank, National Association's office located at 14 E. Washington Street, Suite 600-J, Orlando, FL 32801 and will be filed herein in due course. 4. Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Notes and that the facts stated in it are true. THIS CONCLUDES MY AFFIDAVIT. HLff!f:;5 � The foregoing instrument was acknowledged before me by means of� presence or □ online notarization, this �day of April 202 43, by Hector Perez, an authorized signatory for Newtek Bank, National Association, who is personally known to me or who has produced p L- D L as identification. ·,;:�>. SIMPLE '."' :.=:\ Notari Pub1ic • "" - , J/i tommls�lo � Kl-I 1479 ····:.!_a, r,.f/ My Comm. cxplrei S.p \3, • ..,•eonaed ttirouin Nation�l t-lotary PRINT NAME NOTARY PUBLIC, State ofFlo.ridf My commission expires: U.3 q (2D'Z8 · 2 EXHIBIT A EXHIBIT B EXHIBIT C U.S. Small Business Administration NOTE SBA Loan # SBA Loan Name Shipwrecked Bar and Grill Date 08-22-2023 Loan Amount $90,000.00 Interest Rate Prime Rate + 3.00% Variable Rate Borrower Southern Florida Property Development Company LLC Operating Company N/A Lender Newtek Bank, National Association 1.PROMISE TO PAY: In return for the Loan, Borrower promises to pay to the order of Lender the amount of Ninety Thousand and 00/100 Dollars , interest on the unpaid principal balance, and all other amounts required by this Note. 2.DEFINITIONS: "Collateral" means any property taken as security for payment of this Note or any guarantee of this Note. "Guarantor" means each person or entity that signs a guarantee of payment of this Note. "Loan" means the loan evidenced by this Note. "Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges collateral. "SBA" means the Small Business Administration, an Agency of the United States of America. 3.PAYMENT TERMS: Borrower must make all payments at the place Lender designates. The payment terms for this Note are: The interest rate on this Note will fluctuate. The initial interest rate is 11.25% per year. This initial rate is the Prime Rate in effect on the first business day of the month in which SBA received the loan application, plus 3.00%. The initial interest rate must remain in effect until the first change period begins unless changed in accordance with SOP 50 10. Borrower must pay one payment of interest only on the disbursed principal balance one month from the month this Note is dated; payment must be made on the first calendar day in the month it is due. Borrower must pay principal and interest payments of $1,258.24 every month beginning two months from the month this Note is dated; payments must be made on the first calendar day in the months they are due. Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment, then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal. The interest rate will be adjusted every calendar quarter (the "change period"), beginning October 1, 2023 (date of first rate adjustment). The "Prime Rate" is the Prime Rate in effect on the first business day of the month (as published in the Wall Street Journal newspaper ) in which SBA received the application, or the first day of the month in which any interest rate change occurs. Base Rates will be rounded to two decimal places with .004 being rounded down and .005 being rounded up. The adjusted interest rate will be 3.00% above the Prime Rate. Lender will adjust the interest rate on the first calendar day of each change period. The change in interest rate is effective on that day whether or not Lender gives Borrower notice of the change. The interest rate identified in the Note may not be changed during the life of the Loan unless changed in accordance with SOP 50 10. SBA Form 147 (06/03/02) Version 4.1 Page 1/3 The interest rate adjustment period may only be changed in accordance with SOP 50 10. Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note. If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate becomes fixed at the rate in effect at the time of purchase. Loan Prepayment: Notwithstanding any provision in this Note to the contrary: Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary market, Borrower must: a. Give Lender written notice; b. Pay all accrued interest; and c. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21 days' interest from the date lender receives the notice, less any interest accrued during the 21 days and paid under subparagraph b., above. If Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give Lender a new notice. All remaining principal and accrued interest is due and payable 10 years from date of Note. Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to 5.00% of the unpaid portion of the regularly scheduled payment. 4.DEFAULT: Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower or Operating Company: A. Fails to do anything required by this Note and other Loan Documents; B. Defaults on any other loan with Lender; C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds; D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA; E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA; F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect Borrower's ability to pay this Note; G. Fails to pay any taxes when due H. Becomes the subject of a proceeding under any bankruptcy or insolvency law; I. Has a receiver or liquidator appointed for any part of their business or property; J. Makes an assignment for the benefit of creditors; K. Has any adverse change in financial condition or business operation that Lender believes may materially affect Borrower's ability to pay this Note; L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior written consent; or M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay this Note. 5.LENDER'S RIGHTS IF THERE IS A DEFAULT: Without notice or demand and without giving up any of its rights, Lender may: A. Require immediate payment of all amounts owing under this Note; B. Collect all amounts owing from any Borrower or Guarantor; C. File suit and obtain judgment; D. Take possession of any Collateral; or E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement. 6.LENDER'S GENERAL POWERS: Without notice and without Borrower's consent, Lender may: A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses; B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments for property taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's fees and costs. If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the expenses to the principal balance; C. Release anyone obligated to pay this Note; D. Compromise, release, renew, extend or substitute any of the Collateral; and E. Take any action necessary to protect the Collateral or collect amounts owing on this Note. SBA Form 147 (06/03/02) Version 4.1 Page 2/3 7.WHEN FEDERAL LAW APPLIES: When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law. 8.SUCCESSORS AND ASSIGNS: Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors and assigns. 9.GENERAL PROVISIONS: A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. If any part of this Note is unenforceable, all other parts remain in effect. G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. 10.STATE-SPECIFIC PROVISIONS: NONE 11. BORROWER'S NAME(S) AND SIGNATURE(S): By signing below, each individual or entity becomes obligated under this Note as Borrower. BORROWER: Southern Florida Property Development Company LLC By By Benjamin C. Kaye, Managing Member of Curtis M. Kaye, Managing Member of Southern Florida Property Development Southern Florida Property Development Company LLC Company LLC SBA Form 147 (06/03/02) Version 4.1 Page 3/3 Certificate Of Completion Envelope Id: 9F85CD8D7FA446B48A6ECD143F50B7C8 Status: Completed Subject: Complete with DocuSign: 2347454 - Closing Package - DocuSign - Southern Florida Property Develo... Source Envelope: Document Pages: 52 Signatures: 40 Envelope Originator: Certificate Pages: 5 Initials: 30 Deborah Pezzutti AutoNav: Enabled 1981 Marcus Avenue EnvelopeId Stamping: Enabled Suite 130 Time Zone: (UTC-05:00) Eastern Time (US & Canada) Lake Success, NY 11042 dpezzutti@newtekone.com IP Address: 174.63.176.142 Record Tracking Status: Original Holder: Deborah Pezzutti Location: DocuSign 8/22/2023 8:18:01 AM dpezzutti@newtekone.com Signer Events Signature Timestamp Benjamin Kaye Sent: 8/22/2023 8:41:39 AM benjamin_kaye@hotmail.com Viewed: 8/22/2023 9:37:30 AM Security Level: Email, Account Authentication Signed: 8/22/2023 9:39:01 AM (None) Signature Adoption: Pre-selected Style Using IP Address: 73.27.129.122 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 8/22/2023 9:37:30 AM ID: 4728e640-34eb-463d-87ed-21eb3d9f75fb Curtis Kaye Sent: 8/22/2023 8:41:40 AM Curtis.Kaye@outlook.com Viewed: 8/22/2023 10:38:00 AM Security Level: Email, Account Authentication Signed: 8/22/2023 10:41:14 AM (None) Signature Adoption: Pre-selected Style Using IP Address: 174.212.36.41 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 8/22/2023 10:38:00 AM ID: 5231d446-e5aa-477a-b8af-3ea061a73215 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Deborah Pezzutti Sent: 8/22/2023 8:41:40 AM dpezzutti@newtekone.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Richard Park Sent: 8/22/2023 8:41:40 AM rpark@newtekone.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/22/2023 8:41:40 AM Certified Delivered Security Checked 8/22/2023 10:38:00 AM Signing Complete Security Checked 8/22/2023 10:41:14 AM Completed Security Checked 8/22/2023 10:41:14 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure