Robo
Robo
Robo
This non-negotiable and non-transferable Security Agreement is made and entered this 27th day of December, 2012,
by and between MARVIN THOMAS CHANEY (d/b/a MARVIN T. CHANEY), FTLL ROBOVAULT, LLC.
FTLSS, LLC, MICHAEL BUDWICK, AL GENET, MELAND RUSSIN & BUDWICK, P.A., BANKATLANTIC
BANCORP INC, FLORIDA ASSET RESOLUTION GROUP, LLC (FARG), BBX CAPITAL CORPORATION
BB&T CORPORATION , BARRY MUKAMAL MARCUM LLP, ARTHUR RICE, JAMES FIERBERG, RICE
PUGATCH ROBINSON AND SCHILLER P.A., RICHARD ZADEN, SEILER, ZADEN RIMES AND
WAHLBRINK hereinafter "Debtor(s)", and FRANCIS FINANCIAL, LLC, hereinafter "Secured Party", Creditor
Identification Number 56-0939887. The Parties, hereinafter "Parties", are identified as follows:
Debtors:
MARVIN THOMAS CHANEY, a Legal Entity
FTLSS, LLC
BB&T CORPORATION
MARCUM, LLP
and
Secured Party:
AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
That Marvin-Thomas: Chaney (Guarantor) caused to be mailed First Class Registered mail by Notary presentment
on the 6TH day of December, 2012 an International Promissory Note for $40,000,000.00 to the address provided in
the contract and on the Florida Secretary of State’s Official web site as: Florida Asset Resolution Group, LLC, C/o:
2100 West Cypress Creek Road, Fort Lauderdale, Florida 33309 for the full settlement of loan # L04000088444 for
$5,850,000.00 (Five Million Eight Hundred Fifty Thousand dollars) to FTLSS 2206 N.E. 26th STREET, FORT
LAUDERDALE, FLORIDA 33305 from the 6th day of July 2006 and loan # L05000058625 of $20,000,000.00
(Twenty Million dollars) to FTLL ROBOVAULT, LLC 3340 SE 6TH AVENUE , FORT LAUDERDALE,
FLORIDA 33316 from the 19th day of May 2008, which was rejected and returned by the Postal Service. The 2nd
rejection and dishonor of full tender of payment for the $40,000,000.00 (Forty million dollars) to Mr. Andy Meran,
Senior member of Florida Asset Resolution Group at his offices at 401 East Las Olas Boulevard, Fort Lauderdale,
Florida on Legal advice from Michael S. Budwick, Esquire, Florida Bar No. 938777 and Richard Zaden of
MELAND RUSSIN & BUDWICK, P.A., (AGENT for FARG). The third and Final dishonor was from Barry E
Mukamal, Bankruptcy Trustee for FARG for Chapter 11 Case # BK-12-33090-JKO and BK-12-33087-JKO and
Florida State case 12-5378- CACE (25) on the 14th day of December, 2012 after service by Process Server JOGE
SOLIS. Thereby the loan obligations of Loan numbers L04000088444 and L05000058625 to the Servicer Florida
Asset Resolution Group, LLC are hereby discharged and extinguished as a matter of Law, in accord with UCc 3-
603(b) Tender of Payment: If tender of payment of an obligation to pay an instrument is made to a person entitled to
enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the
obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which
the tender relates. Debtor(s) hereby grant and conveys to Secured Party Creditor, a security interest in all the
Collateral described generally herein or specifically on attached Exhibit A, hereinafter referred to as “Collateral”. To
secure all Debtor’s property, as well as all income from every source, and all direct and indirect, absolute or
contingent, due or to become due, now existing or hereafter arising, presumed or actual, parole or expressed public
indebtedness and liabilities held by Debtor(s).
That on the 6th day of July 2006 Marvin-Thomas: Chaney provided a loan of Securities to BANKATLANTIC
BANK of $5,850,000.00 (Five Million Eight Hundred and Fifty Thousand dollars) and again on the 16th day of May
2008 Marvin-Thomas: Chaney provided a loan of Securities to BANKATLANTIC BANK of $20,000,000.00
(Twenty Million dollars). Due to breach of Contract(s) by the Trustee(s), Marvin Thomas Chaney has terminated the
BANKATLANTIC TRUSTEES and assigned all securities interest to FRANCIS FINANCIAL LLC of Northbrook,
1) “Collateral” The Collateral shall consist of all the real and personal property of Debtor(s), wherever
located, and now owned or hereafter acquired including, but not limited to:
(i) Accounts including demand, deposit, and customer receivables as well as receivables due from
employees, partners and shareholders;
(ii) Capital Accounts, Working Capital Accounts and Bonus, Profit Sharing and Drawing Rights accounts
of Members or Equity Account Holders (i.e. Partners, Members or Shareholders);
(iii) Chattel Paper and Bank Instruments of Credit including Letter-of-credit rights;
(iv) Monetary Instruments;
(v) Inventory;
(vi) Equipment, including but not limited to;
(vii) Land;
(viii) Real Property;
(ix) Investment Property; (Including Securities)
(x) Contracts;
(xi) Documents and Intellectual Work Product embodying intangible rights;
(xii) General intangibles [including payment intangibles];
(xiii) Supporting obligations;
(xiv) To the extent not listed above as original collateral, all derivative rights in, proceeds, and products
procured through use of the foregoing;
(xv) To the extent not listed above as original collateral, proceeds and products of the foregoing.
Debtor(s) declares it is a legal entity recognized as such, and has rights and privileges recognized under the laws of
the United States. All legal means to protect the security interest being established by this Agreement, will be used
by the Debtor(s) when necessary; and all support needed by the Secured Party to protect their security interest in the
collateral identified herein, will be provided by the Debtor(s).
Execution of this Security Agreement incorporates a promise that the Debtor(s) will execute such commercial forms,
including but not limited to such Financing Statements as may be necessary, to assure the Secured Party’s interest is
perfected. The security interest established by this Agreement will continue until the Secured Party is relieved of all
liability associated with said services provided to the Debtor(s), and until all owing and due consideration to the
Secured Party has been delivered, regardless of whether the Collateral identified in this Agreement is in the
possession of the Debtor(s) or the Secured Party.
Debtor(s) warrant(s) that Secured Party’s claim against the Collateral is enforceable according to the terms and
conditions expressed therein, and according to all applicable laws promulgated for the purpose of protecting the
interests of a creditor against a debtor(s). Debtor(s) also warrant(s) that it holds good and marketable title to the
Collateral, free and clear of all actual and lawful liens and encumbrances except for the interest established herein,
and except for such substantial interest as may have been privately established by agreement of the parties with full
attention to the elements necessary to establish a valid contract under international contract law. Public
encumbrances belonging to the Debtor(s), against the Collateral, shall remain secondary to this Agreement.
GENERAL PROVISIONS
Possession of Collateral. Collateral or evidence of Collateral may remain in the possession of the Debtor(s) FTLSS,
LLC and FTLL ROBOVAULT, LLC and is to be immediately released from lien, Trustee and Receivership, and is
to be kept at the address given in this Agreement by the Debtor or such other place(s) approved by Secured Party,
and notice of changes in location must be made to the Secured Party within ten (10) days of such relocation. Debtor
Waiver of Contractual Right. The failure of either Party to enforce one or more provisions of this Agreement shall
not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance
with every provision of this Agreement. Secured Party shall not be deemed to have waived rights under this
Agreement unless such waiver is given in writing and signed by Secured Party. No delay or omission on the part of
Secured Party in exercising a right shall operate as a waiver of such right or any other right. A waiver by Secured
Party of a provision of this Agreement shall not prejudice or constitute a waiver of Secured Party’s right otherwise
to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by
Secured Party or any course of dealing between Secured Party and Debtor(s) shall constitute a waiver of Secured
Party’s rights or of Debtor’s obligations under this Agreement as to future transactions. Whenever the consent of
Secured Party is required under this Agreement, the granting of such consent by Secured Party in one instance shall
not constitute consent over the whole.
Authority to Represent. A signer of this Agreement on behalf of a legal entity certifies that he has the authority to
sign this Agreement and that this transaction has been duly authorized by such entity.
Gender. All references within this Agreement to a specific gender include the other.
All parties to this Tort Claim agree that said Claim converts to an Accounts Receivable and may be exchanged, sold,
traded, or otherwise to the benefit the Claimant as remedy 'in' or 'at' law, administrative, private or otherwise as may
be settled or as settlement in full satisfaction and accord for adjustment and closure to the matter. Lien automatically
or by Notice to Principal, becomes a DISTRESS and lien on the Corporate Charter of the Claim Debtor.
All assets including accounts, fixtures, products, and proceeds of the Claim Debtor and the Orders there from are to
be released to the Secured Party/Claimant as the authorized representative of the Debtor and/or Claim Debtor under
this lien until full accord and satisfaction has been delivered to the Secured Party/Claimant. Non-compliance with
this Security Agreement shall cause the Sum Certain Tort Damages due herein to increase in amount at the rate of 4
percent per month beginning on the day this Tort Claim becomes a perfected Claim/Lien until full accord and
satisfaction has been delivered to the Secured Party/Claimant.
SIGNATURES
Secured Party accepts all signatures in accord with the Uniform Commercial Code and acknowledges Debtor’s
signatures as representative of all derivations thereof.
See Collateral Exhibit A and Exhibits are attached and included by reference.
___________ ____________
Debtor Secured Party
Initials Initial
A portion of Parcel “A”, AIRPORT PLAZA, according to the Plat thereof, as recorded in Plat Book 145, Page 45, of
the Public Records of Broward County, Florida and being more fully described as follows:
Beginning at the most Westerly Northwest corner of said Parcel “A”; thence South 12° 33’ 33” West, on the West
line of said Parcel “A” and also on the East right-of-way line of South Federal Highway as shown on said Plat, a
distance of 107.59 feet to a point of curve; thence Southeasterly on said curve to the left, with a radius of 165.00
feet, a central angle of 89° 27’ 25”, an arc distance of 257.62 feet to a point of compound curve; thence Easterly on
said curve to the left, with a radius of 530.00 feet, a central angle of 22° 57’ 28”, an arc distance of 212.36 feet;
thence North 00° 45’ 57” West, a distance of 370.67 feet to a point on the North boundary line of said Parcel “A”;
thence Westerly on the North Boundary of said Parcel “A”, South 89° 14’ 03” West, a distance of 125.47 feet;
thence South 00° 45’ 57” East, a distance of 58.96 feet; thence South 89° 14’ 03” West, a distance of 181.51 feet to
the Point of Beginning of the herein described property.
Said lands situate, lying and being in the City of Fort Lauderdale, Broward County, Florida.