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HomeMy WebLinkAboutBACKGROUNDBACKGROUND Curley's House of Style, Inc. background information Mortgage executed November 7, 1997 Quit Claim Deed dated November 71997 Warranty Deed dated November 7, 1997 Subordination dated September 2, 1998 Assignment of Loans, Mortgages and Loan Document dated August 17, 2001 Notice of Lis Pendens executed January 23, 2002 Notice of Lien for Water and Sewer Service dated November 11, 2005 Agreed Final Judgment in Foreclosure executed May 30, 2007 Lot Clearing Lien dated February 11, 2008 Title Search Report (with attachments) dated September 21, 2009 Miami -Dade Civil/Probate Justice — Docket Information Copy of Title 24 Code of Federal Regulations Section 84.83(c)(2) Copy of Real Estate Tax Information Pictures Curley's House of Style, Inc, Us A. - Home Page 1 of 2 Curley's House of Style, Inc. Curley's House of Style. Inc, USA 6025 NW 6 Court Miami, FL 33127 United States ph: (305) 759-9805 fax: (305) 754-7789 curlevshouseinc 2i yahoo.com • Home • Services • About Us • Accomplislnnents • Contact Us • How you can Help... • Our Community • Sponsors and Donors • Success Stories • Who we serve... • Miami Convoy Of Hope Home Our Story Since our inception in August of 2001, we have fed and/or clothed several hundred thousands of needy individuals and families in the inner-city area. We service approximately 1,000 clients weekly by providing them with bulk food products, nutritional flyers on diabetes, high blood pressure, job vacancies and sponsor financial education and literacy seminars. Our staff consists of community volunteers and we partnership with several other non-profit agencies and Comunity Based organization such as: JESCA, Liberty City Revitalization Trust. Through these partnerships we provide summer employment for community youth, at -risk youth and seniors. We also provide resume building skills, and several other motivational seminars to help empower our residents to become more productive citizens in main stream society. We have sponsored several food give -a -ways in Overtown, Liberty City, Opa-Locka, Olympic Park Southwest, Caleb Center and Brownsville feeding over 5,000 persons at each event. We offer a mentoring program for women "Love Thyself' by using beauty culture as a way of building self esteem to abused, homeless, HIV/Aids infected women and children. We partner annually with the Miami Rescue Mission and provide free haircare for their female residents. Mission Statement Curley's House of Style, Inc. / Hope Relief Food Bank is a grass roots 501©3 non-profit organization established in August 2001. Our mission is to improve the quality of life for low -to -moderate income individuals and families, the elderly, the homebound, the abused, HIV/AIDS infected, youth, and youth - at -risk by providing bulk food product to these needy residents and serving as a neighborhood outreach ministry. // «l o.,�hnn inr lVnm/ 9/22/2009 Curley's House of Style, Inc, US a - Home Page 2 of 2 Vision Statement Fighting to end hunger in our communities of Liberty City , Allapattah, Brownsville , City of Miami Little Haiti, West Little River and many others. We wish to make available kindhearted service through food and assistance programs to individuals, families, and children to inspire self-esteem, dignity and independence. We wish not to do this just for today but leave a legacy for tomorrow as well by providing community residents in job assistance, placement and volunteering in the daily process of Curley's House of Style, Inc. CURLEY'S HOUSE OF STYLE, INC./HOPE FOOD BANK Executive Director: Lavern Elie -Scott - 786-262-2851 Administrator: LaVerne P. Holliday - 786-237-9435 6025 NW 6 th Court , Miami, FL 33127 Telephone: (305) 759-9805 Fax Number: (305) 754-7784 Email Address: curlevshouseinc(avahoo.com Copyright 2009 Curley's House of Syle, Inc. All rights reserved. Web Hosting by Yahoo! Curley's House of Style, Inc, USA 6025 NW 6 Court Miami, FL 33127 United States ph: (305) 759-9805 fax: (305) 754-7789 curl evshouseincahoo.com dose • • d • 1 u // �,.�. .+,�r�olin�nllCPlY1r rum/ 9/22/2009 E. 178 Rt:C. This instrument prepared by: ROBERT A. KOPPEN, ESQ. KOPPEN, WATKINS, PARTNERS & ASSOCIATES 700 Northeast 90th Street Miami, Florida 33138-3206 Telephone: (305) 754-5442 7Ft5138 16 1947 NOV 10 15:29 D� STPt1T( 1,r :).00 EHTN ,D0 HARVEY RUV11�, CLERK DADE COUNTYrC1FL MORTGAGE T;`IIS MORTGAGE is made this 7 N day of / U0 z1CF G" t'a 1997, between the Mortgagors, PRESTIGE ENTERPRISES, INC., a Florida corporation and EMMA LEE MARTIN (herein also referred to as Mortgagors), and the Mortgagee, MIAMI CAPITAL DEVELOPMENT, INC., a Florida corporation not for profit, organized and existing under the laws of the State of Florida, whose address is 300 Biscayne Boulevard Way, Suite 614, Miami, Florida 33131-2207, (herein also referred to as "Mortgagee"). Wheresoever used herein, the term "mortgagor" shall include the heirs, personal representatives, successors and/or assigns of the respective parties hereto; the use of the singular number shall include the plural, and the plural the singular; the use of any gender shall include all genders; and, if used, the terra "note" shall include all notes herein described if more than one. The Mortgagee has simultaneously with the execution and delivery of the mortgage by the Mortgagors, loaned to PRESTIGE ENTERPRISE, INC., a Florida corporation, the sum of $300,000.00 and received from it Three (3) Promissory Notes, (herein referred to as the "Notes"), to evidence and secure its indebtedness to the Mortgagee. WITNESSET El For divers good and valuable consideration, and also in the consideration of the aggregate sum named in the promissory notes of even date herewith hereinafter described, the said Mortgagors do hereby grant, bargain, sell, alien, remise, convey and confirm unto the said Mortgagee, its successors and assigns, in fee simple, all that certain tract of land, of which the said Mortgagors are now seized and possessed, and in actual possession, situate in Dade County, State of Florida, described as follows: parcel T Lots 1, 2 and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 43, of the Public Records of Dade County, Florida. Unit 1003, CLIPPER AT BISCAYNE COVE, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 11165, at Page 963, of the Public Records of Dade County, Florida, together with an undivided share in the common elements appurtenant thereto. Condominium Unit 402, of GOLDEN TERRACE CONDOMINIUM, according to the Declaration of Condominium filed for record on December 18, 1974, under Clerk's File No. 74R-2'30659, and recorded in Official Records Book 8860, at Page 563, of the Public Records of Dade County, Florida. THIS IS A FIRST MORTGAGE OVER AND UPON PARCEL I, AiND A SECOND MORTGAGE OVER AND UPON PARCELS II AND III, THE ABOVE DESCRIBED REAL PROPERTY. TO HAVE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances, unto the said Mortgagee, and its successors and assigns, in fee simple. AND the said Mortgagors, for themselves and their heirs, legal representatives and assigns do hereby covenant with said Mortgagee, its successots, legal representatives and assigns, that said Mortgagors have full power and lawful right to convey said land in fee simple as aforesaid; that it shall be lawful for said Mortgagee, its successors, legal representatives and assigns, at all times peaceably and quietly to enter upon, hold, occupy and enjoy said land; that said land is free from all encumbrances; that said Mortgagors, their heirs and legal representatives, will mace such further assurances to perfect the fee simple title to said land in said Mortgagee, its successors, Iegal representative and assigns, as may reasonably be required; and that said Mortgagors do hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS that if, PRESTIGE ENTERPRISE, INC., a Florida corporation and/or the Mortgagors, their heirs, legal representatives or assigns, shall pay unto the said Mortgagee, its successors, legal representatives or assigns, those certain Promissory Notes, (hereinafter referred to as "Notes"); in the aggregate amount of $300,000.00, true copies of which are attached hereto, and shall perform, comply with and abide by each and every stipulation, agreement, condition, and covenant of said Promissory Notes and of this deed, then this deed and the estate hereby created shall cease and be null and void. It is further expressly agreed that this mortgage shall secure, itt addition to the debt evidenced by the "Notes", the liabilities of PRESTIGE ENTERPRISE, INC., a Florida corporation to the k I78fEQ887 Mortgagee, direct or indirect, secured or unsecured, now due or to become due, or which may hereafter be contracted by virtue of any advances, disbursements, payments, charges or costs, made or incurred by the Mortgagee, under the terms of this mortgage, though the aggregate amount outstanding at any time may exceed the amount originally secured, and the Mortgagee shall be entitled to receive and retain the full amount of the debt evidenced by the Notes and the other liabilities herein described, in any action for foreclosure, redemption by the Mortgagors, accounting for the proceeds of a foreclosure sale, or of accounting for insurance proceeds or any condemnation award. UNIFORIt4 COVENANTS. Mortgagors and Mortgagee(s) covenant and agree as follows: 1. Payment of Principal and Interest. Mortgagors, do covenant with the Mortgagee, that PRESTIGE ENTERPRISE, INC., a Florida corporation shall promptly pay when due the principal of and interest on the indebtedness evidenced by the "Notes", with prepayment and late charges as provided for in the Notes. 2. Funds for Taxes and insurance. Mortgagee reserves the right to require that the Mortgagors shall pay to Mortgagee on the day monthly installments of principal and interest are payable under the "Notes", until said Notes is paid in full, a sum equal to one -twelfth of the yearly taxes and assessments which may attain priority over this Mortgage, plus one -twelfth of yearly premium installments for hazard and/or other insurance, all as reasonably estimated initially and from time to time by Mortgagee on the basis of assessments and bills and reasonable estimates thereof. The Funds shall be held in an institution, the deposits or accounts of which are insured or guaranteed by a Federal or State agency. Mortgagee shall apply the funds to pay said taxes, assessments, insurance, premiums and ground rents. Mortgagee may not charge for so holding and applying the Funds, analyzng said account, or verifying and compiling said assessments and bills, unless Mortgagee pays Mortgagors interest on the Funds, and applicable law permits Mortgagee to make such a charge. Mortgagors and Mortgagee may agree in writing at the time of execution of this Mortgage that interest on the Funds shall be paid to Mortgagors, and unless such agreement is trade or applicable law requires such interest to be paid, Mortgagee shall not be required to pay Mortgagors any interest or earnings on the Fends. Mortgagee shall give to Mortgagors, without charge, an annual accounting of the Funds showing credits and debits to the Funds, and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Mortgagee, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, as they fall due shall be determined by Mortgagee to he in excess of the sums required to pay such items, such excess shall be, at Mortgagor's option, either promptly paid to Mortgagors or credited to Mortgagors on monthly installments of Funds. If the amount of the Funds held by Mortgagee shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Mortgagors shall pay to A:IPRE571GLt WR74tGE n7'i) -3- I? 852 t2868 kzC. Mortgagee any amount necessary to make up the deficiency within 30 days from the date notice is mailed by Mortgagee to Mortgagors requesting payment thereof. Upon payment in full of all sums secured by this Mortgage, Mortgagee shall promptly refund to Mortgagors any Funds held by Mortgagee. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Mortgagee, Mortgagee shall apply, no later than immediately prior to the sale of the Property or its acquisition by Mortgagee, any Funds held by Mortgagee at the time of application as a credit against the sums secured by this Mortgage. Nothing herein contained in this paragraph shall require the Mortgagors to pay to the Mortgagee sums determined due for taxes and Insurance, if any prior Mortgagee requires that the Mortgagors pay such sums under any covenant contained in a prior Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Mortgagee under the Notes and paragraphs I and 2 hereof shall be applied by Mortgagee first in payment of amounts payable to Mortgagee by Mortgagors, then to interest payable on the Notes, then to principal of the Notes, and then to interest and principal on any Future Advances. 4. Charges; Liens. Mortgagors shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, if any, in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Mortgagors making payments, when due, directly to the payee thereof. Mortgagors shall promptly furnish to Mortgagee all notices of amounts due under this paragraph, and in the event Mortgagors shall not be required to discharge any such lien as long as Mortgagors shall make payment directly, Mortgagors shall promptly furnish to the Mortgagee receipts evidencing such payments. Mortgagors shall promptly discharge any lien which has priority over this Mortgage; provided, that Mortgagors shall not be required to discharge any such lien so long as Mortgagors shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Mortgagee, or shall in good faith contest such lien by, or defend enforcement of such lien, in legal proceedings which operate to prevent the enforcement ofthe lien or forfeiture ofthe Pmperty or any part thereof. 5. Hazard/Flood Insurance. Mortgagors shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term of "extended coverage", and such other hazards as Mortgagee may require and in such amounts and for such periods as Mortgagee may require; provided, that Mortgagee shall not require that the rrnount of such coverage exceed that amount of coverage required to pay the sums secured by this Mortgage. The Mortgagee reserves the right to require Flood Insurance in the event the subject property is insured against such calamity. If the subject property becomes designated as being situated in a flood zone during the tern of the Promissory Notes herein the Mortgagor will be required to obtain flood insurance in such amounts and on such terms as the Mortgagee may require. 4,PRFST1MIORTGAGEWPA -4- U. ABC, I7862%2869 The insurance carrier providing the insurance shall be chosen by Mortgagors subject to approval by Mortgagee; provided, that such approval shall not be unreasonably withheld All premiums on insurance policies shall be paid in the manner provided under paragraph Two (2) hereof or, if not paid in such manner, by Mortgagors making payment, when due, dirctly to the insurance carrier. All insurance policies and renewals thereof shall be in a form acceptable to Mortgagee and shall include a standard mortgagee clause in favor of and in a form acceptable to Mortgagee. Mortgagee shall have the right to hold the policies and renewals thereof, and Mortgagors shall promptly furnish to Mortgagee all renewal notices and all receipts of paid premiums. In the event of loss, Mortgagors shall give prompt notice to the insurance carrier and Mortgagee. Mortgagee may make proof of loss if not trade promptly by Mortgagors. Unless Mortgagee and Mortgagors otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damage, provided such restoration or repair is economically feasible or if the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Mortgagors. If the Property is abandoned by Mortgagors, or if Mortgagors fail to respond to Mortgagee within 15 days from the date notice is mailed by Mortgagee to Mortgagors that the insurance carrier offers to settle claim for insurance benefits, Mortgagee is authorized to collect and apply the insurance proceeds at Mortgagee's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Mortgagee and Mortgagors otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or, change the amount of such installments. If under the terms of paragraph 18 hereof, the Property is acquired by Mortgagee, all right, title and interest of Mortgagors in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition, shall pass to Mortgagee to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. b. Preservation and Maintenance of Property. Mortgagors shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. 7. Protection of Mortgagee's Security. If Mortgagors fail to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Mortgagee's interest in the Property, including but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Mortgagee at Mortgagee's option, upon notice to Mortgagors, may stake such appearances, disburse such sums and take such action as is necessary to protect Mortgagee's interest, including but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. If Mortgagee required mortgage insurance as a condition of making the loan AAPRLirfGELlfORTSIGE WPU -5- 'd. RE°irC:1 T8620370 secured by this Mortgage, Mortgagors shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Mortgagor's and Mortgagee's written agreement or applicable law. Mortgagors shall pay the amount of all mortgage insurance premiums in the manner provided hereof. Any amounts disbursed by Mortgagee pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Mortgagors secured by this Mortgage. Unless Mortgagors and Mortgagee agree to other terms of payment, such amounts shall be payable upon notice from Mortgagee to Mortgagors requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Mortgagee to incur any expense or take any action hereunder. 8. Inspection. Mortgagee may make or cause to be made reasonable entries upon and inspections of the Property, provided that Mortgagee shall give Mortgagors notice prior to any such inspection specifying reasonable cause therefore related to Mortgagee's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or conveyance, or lien of condemnation, are hereby assigned and shall be paid to Mortgagee. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage, with the excess, if any, paid to Mortgagors. In the event of a partial taking of the Property, unless Mortgagors and Mortgagee otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds as is related legal to that proportion which the amount of the sums secured by this Mortgage immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Mortgagors. If the property is abandoned by Mortgagors, or if, after notice by Mortgagee to Mortgagors that the condemnor offers to make an award or settle a claim for damages, Mortgagors fail to respond to Mortgagee within 15 days after the date such notice is mailed Mortgagee is authorized to collect and apply the proceeds, at Mortgagee's option, either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Mortgagee and Mortgagors otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or, change the amount of such installments. 10. Mortgagors not Released. Extension of the time for payment or modification of amortization of the stuns secured by this Mortgage granted by Mortgagee shall not operate to release, in any manner, the liability of the Mortgagors. 4:ts rlcbwc!n4ccwen -6- • E 1 766?_1287. 11. Forbearance by Mortgagee not a Waiver. Any forbearance by Mortgagee in exercising any right to remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Mortgagee shall not be a waiver of Mortgagees right to accelerate the maturity of the indebtedness secured by this Mortgage. 12. Remedies Cumulative. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently, or successively. 13. S•xccessors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Mortgagee and Mortgagors, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Mortgagors shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. 14, Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Mortgagors provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Mortgagors at the Property address or at such other address as Mortgagors may designate by notice to Mortgagee as provided herein, and (b) any notice to Mortgagee shall be given, by mailing such notice, certified mail, return receipt requested, to Mortgagee's address stated herein or to such other address as Mortgagee may designate by notice to the Mortgagors as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Mortgagors or Mortgagee when given in the manner designated herein. l5. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Mortgage shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Notes conflict with applicable law, such conflict shall not affect other provisions of this Mortgage or the Notes which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and Notes are declared to severable. 16. Mortgagor's Copy. Mortgagors shall be furnished a conformed copy of the "Notes" and of this Mortgage at the time of the execution or after recordation hereof. 17. THIS MORTGAGE IS NON -ASSUMABLE. IN THE EVENT THE PROPERTY IS TRANSFERRED BY THE MORTGAGORS, TRFN THE ENTIRE AMOUNT OUTSTANDING ON THIS MORTGAGE ItvIMEDIATELY BECOMES DUE AND PAYABLE. ADDITIONALLY, ANY TRANSFER OF ANY PART OF THE CAPITAL STOCK OF THE CORPORATE BORROWER, PRESTIGE ENTERPRISE, INC., A A:JTiSTIGe, l4FTTiiGGffFD -7- FLORIDA CORPORATION WITHOUT THE PRIOR WRITTEN CONSENT OF THE MORTGAGEE, WILL IMMEDIATELY ACCELERATE THE ENTIRE OUTSTANDING BALANCE OF THE MORTGAGE AND NOTES. THE FACT THAT ANY SUCH TRANSFER WILL IMPAIR THE SECURITY HAS BEEN DETERMINED AS PART OF THE QUID PRO QUO IN THE GRANTING OF THE LOAN BY THE MORTGAGEE AND THE ACCEPTANCE OF THIS MORTGAGE AS COLLATERAL FROM THE MORTGAGORS. TRANSFER IN ACCORDANCE WITH THE LAW RELATING TO DESCENT AND DISTRIBUTION IN THE EVENT OF THE DEATH OF THE MORTGAGORS, EXCLUDED. If Mortgagee exercises such option to accelerate, Mortgagee shall mail Mortgagors notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than ten (I 0) days from the date the notice is mailed within which Mortgagors may pay the sums declared due. If Mortgagors fail to pay such sums prior to the expiration of such period, Mortgagee may, without further notice or demand on Mortgagors, invoke any remedies permitted by paragraph 18 hereof. NON -UNIFORM COVENANTS. Mortgagors and Mortgagee further covenant and agrer as follows: 18. Acceleration; Remedies. Except for failure of Prestige Enterprise, Inc., a Florida corporation, and/or the Mortgagors to make payment and as provided in paragraph 17 hereof, upon Mortgagor's breach of any covenant or agreement of Mortgagors in this Mortgage, Mortgagee, prior to acceleration, shall mail notice to Mortgagors, as provided in paragraph 14 hereof, specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than ten (10) days from the date the notice is mailed to Mortgagors, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. If the breach is not cured on or before the date specified in the notice, Mortgagee at Mortgagee's option may declare all of the surns secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Mortgagee shall be entitled to collect in such proceeding all expenses of foreclosure, including but not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Mortgagors hereby assign to Mortgagee any rents from the Property, provided that Mortgagors shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 17 and/or paragraph 18, Mortgagee shall be entitled to have a receiver appointed by a court to enter upon, take possession of, and manage the Property, and to collect any rents from the Property, including those past due. All rents collected by the 4.. RETR6FMORTC4GEWPD -8- 1 ?862 28?3 receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bond and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Mortgagee shall release this Mortgage without charge to Mortgagors. Mortgagors shall pay all costs of recordation, if any. 21. Attorneys Fees. As used in this Mortgage and in the Notes, "attomey's fees" shall include attorney's fees, if any, which may be awarded by an appellate court. MORTGAGOR, AND MORTGAGEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE NOTES, AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALEVG, STATEMENTS (WRE t'tiER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE MORTGAGEE EXTENDING CREDIT TO BORROWER. IN WITNESS WHEREOF, Mortgagors have executed this Mortgage on the day and year first above written. Witnesses: (Corporate Seal) �' '* ,• PRESTIGE ENTERPRISE, INC. %,,.4� t5` uI. By: Q.421,1-11A. - NAME: .?,'<!, :<. ,7!: /AC ii a ty E ,,J vie % . I (7 :1PRE577GEw aRw.4eJ KPD EMMA LEE MARTIN, P •SIDENT 1302 N.W. 54th Street, Miami, FL 33142 EMMA LEE MARTIN Address: 1302 N.W. 54th Street, Miami, FL 33142 •'gQl,•72. -9- REC. f f U62F6L.U1 4 STATE OF FLORIDA l§ COUNTY OF DADE BEFORE ME personally appeared EMMA LEE MARTIN as President of PRESTIGE ENTERPRISE, INC., on behalf of the corporation, who is personally known to me or who has produced fp /1 as identification, and who did (did not) take an oath, who executed the foregoing instrument, and acknowledged before me that She executed the same for the purposes therein expressed. WITNESS m� and hand and official seal in the County and State last aforesaid this 4 " day &-,ti , 19 �J . My Commission Expires: STATE OF FLORIDA ) §§ COUNTY OF DADE ) NOT YGBLIC, STATE OF FLORIDA Name O�pAI PUG4 Cr'F„'^,1JULE NOTARY SEA F PAULK L 2 R,1=' r C, taut zn wan I'� '•+r c CC685851 The foregoing instrument was acknowledged before me this day of /UOI/eih k . 1997, by EMMA LEE MARTIN, who is personally known to me or has produced (I Gr 1 . ctP t ve-rt r i civ,e• as identification and did (did not) take an oath. My commission expires: AAPREf77G'_tKOR1GAGEMPD /• _10- ARY PUBLIC, Eto of Florica 1p,PY 2 F0 0FF=1gAL►:OTAfiY.4FAL 1.1'< dULE F PAULK C n r • 7 } mamasT t. % QQ CCC65 r51 !F - o )Tf h]M Op F! 0 OCT. 2,200 Amount: S150,000.00 { 4ic:17862PC2875 Date: Miami, Florida NOTE L'1'sm !1 F/Z 77 , 1997 FOR VALUE RECEIVED, the undersigned promises to pay to the order of MIAMI CAPITAL DEVELOPMENT, INC., a Florida corporation, not -for -profit, the principal sum of ONE HUNDRED FIFTY THOUSAND and No/100 DOLLARS (S150,000.00), plus interest at the rate of (Six Percent) 6% per annum in lawful money of the United States of America, payable at 300 Biscayne Boulevard Way, Suite 614, Miami, Florida 33131-2207, or such other place or to such other person as the holder hereof may from time to time designate in writing, as follows: Commencing January 1st, 1998, the Borrower shall make interest only payments of $750.00 per month on the 1st day of each and every month through and including the payment due June 1, 1998. Commencing July 1, 1998, the Borrower shall make equal principal and interest payments of $1,265.73, per month on the 1st day of each and every month through and including the payment due June 1, 2013, the date of maturity. The undersigned reserves the privilege to prepay in part or in full the principal balance hereof, without penalty, upon giving fifteen (15) days prior written notice to the legal holder hereof, of intention to make any such prepayment, provided that any;such partial prepayments shall not, in any manner, affect the time for or amount of any regular installment payment as it becomes due. In the event there is not paid in full, when duc, any installment of principal or interest and such default continues for a period of fifteen (15) days or more, then, and in any such event, the entire unpaid principal evidenced by this Note, with all interest accrued thereon, shall, at the option of the holder and without notice to the undersigned, become due and may be collected forthwith, time being of the essence. It is further agreed that the failure of the holder to exercise this right of accelerating the maturity of the debt, or any other indulgence granted from time to time, shall in no event be considered as a waiver of such right to accelerate or estop the holder from exercising such right. Borrower shall pay to the Note holder a late charge of 5% of any monthly installment not received by the note holder within ten (10) days after the installment is due, which time shall be deemed to be a part of the grace period hereinafter provided in this Note; shall rein concurrently AAPREmGnueuSvr tttr. l T86aN28T6 RCC. therewith to such extent, and shall not extend the grace period. In the event this Note is enforced or collected by the holder hereof after default hereunder, all costs of collection, including reasonable attorneys fees (including appellate attorney's fees) shall be paid by the undersigned, whether or not court proceedings are commenced. In the event of default, then after the period of grace, for the time that this note remains in default, interest shall be computed at the rate of eighteen (I 8%) percent per annum. on the principal unpaid balance. The principal balance and any accrued interest shall bear interest at the rate of eighteen (18%) percent per annum, from and after maturity until paid. The total liability of the undersigned for payment of interest shall not exceed the amount allowed by law in the State of Florida, and if any payments charged to the undersigned constitute interest in excess of such maximum amount, the holder hereof shall apply such excess to the reduction of the unpaid principal amount due pursuant hereto. This Note is secured by a Security Agreement on all of the corporate assets, inventory, machinery and equipment, now in the maker's business and after date acquired, all of which is now located at 1302 N.W. 54th Street, Miami, FL 33142, or any other location. A default under said Security Agreement shall constitute a default hereunder; This Note is guaranteed by EMMA LEE MARTIN, and is further collateralized by the execution and delivery of a mortgage on real property described as: 1 302 N.W. 54th Street, Miami, FL 33142, 18151 N.E. 3 ist Court, North Miami Beach, FL 33I60, and 13685 N.E. 10th Avenue, North Miami, FL 33161 to induce the lender to complete the funding of the loan to the Borrower, and to assure repayment of same in the event of default, and also, by written covenants given by the Maker and the Guarantor of this Note. Any breach of the written covenants made to induce Miami Capital Development, Inc., to fund the sums secured by this Note and other Security documents, shall constitute a default under the terns of this Note. MIAMI CAPITAL DEVELOPMENT, INC., has advanced the funds, which are evidenced by this Note, on reliance upon the maker's representation that the said maker, on this date is unable to obtain conventional financing at prevailing interest rates. If, in the future, the maker can qualify for conventional financing, it is the intention of the parties that the maker shall promptly repay this loan. In order to determine whether or not the financial condition of the undersigned has improved so that it can obtain conventional financing, the Note holder shall have the right to periodically review the financial condition of the undersigned and the undersigned shad permit the Note holder, and its agents, to have access to the undersigned's books, records, reports, correspondence and premises, wherever inventory, supplies, and/or other assets are stored, at anytime without the need to give prior notice, for such purpose. If the Note holder reasonably concludes that the undersigned can obtain conventional financing directly through a bank, the Note .61PR£mGaa sxor • orr. 17862PC28U REt. holder shall have the right to declare that the entire outstanding principal balance is due and payable at the expiration of sixty (60) days. Borrower and Note holder agree that those covenants and conditions contained in the Loan Agreement of even date, executed by the parties is incorporated herein and by reference made a part hereof, and that any default of the terms and provisions of said Loan Agreement will be deemed a default under the terms and conditions of the Note and Mortgage, invoking the Note holder's right to accelerate and declare the entire outstanding balance due and payable. Undersigned and all endorsers of this note waive presentment, demand for payment, protest and notice of dishonor of this note, and authorize the holder and mortgagee, without notice or further consent, to grant extensions of time in the payment of any monies payable under this note or the mortgage, to waive compliance with any of the provisions of this note and the mortgages, and to release all or any part of the properties subject to the mortgages from the liens hereof. This Note is one of three (3) separate notes of even date, delivered by the undersigned to MvMIAMI CAPITAL DEVELOPMENT, INC., a Florida corporation, not -for -profit, which are more fully described herein and true copies of which are attached to the Mortgage securing the three (3) notes. The entire balance remaining unpaid upon this note may be declared to be immediately due and payable in the event of a default in the terms and provisions of the other note of even date. This Note is to be construed and enforced according to the laws of the State of Florida. UNDERSIGNED BORROWER, AND NOTEHOLDER/MORTGAGEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT E1'1t1ER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS NOTE, AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE 'MORTGAGEE EXTENDING CREDIT TO BORROWER. Executed this day of November, 1997. ATTEST: By: Secretary _urREmcen.{rxnr (CORPORATE SEAL) PRESTIGE ENTERPRISE, INC., a Florida corporation, EMMA LEE MART President Arrrount: 575,000.00 13 r. 1 7T{6 rN;/}{l.Q AEG. j L1 L��0..1:11 Date: 44 t'P +^ 6" 1997 Miami, Florida NOTE FOR VALUE RECEIVED, the undersigned promises to pay to the order of MIAMI CAPITAL DEVELOPMENT, INC., a Florida corporation, not -for -profit, the principal sum of SEVENTY FIVE THOUSAND and NO/100 DOLLARS (S75,000.00), plus interest at the rate of (SIX) 6% per annum in lawful money of the United States of America, payable at 300 Biscayne Boulevard Way, Suite 614, Miami, Florida 33131-2207, or such other place or to such other person as the holder hereof may from time to tirne designate in writing, as follows: Commencing January 1, 1998, the Borrower shall make interest only payments of $$375.00 per month on the 1st day of each and every month through and including the payment due June 1, 1998. Commencing July 1, 1998, the Borrower shall make equal principal and interest payments of $1,449.96 per month on the 1st day of each and every month through and including the payment due June 1, 2003, the date of maturity. The undersigned reserves the privilege to prepay in part or in full the principal balance hereof, without penalty, upon giving fifteen (15) days prior written notice to the legal holder hereof, of intention to make any such prepayment, provided that any *uch partial prepayments shall not, in any manner, affect the time for or amount of any regular installment payment as it becomes due. In the event there is not paid in full, when due, any installment of principal or interest and such default continues for a period of fifteen (15) days or more, then, and in any such event, the entire unpaid principal evidenced by this Note, with all interest accrued thereon, shall, at the option of the holder and without notice to the undersigned, become due and may be collected forthwith, time being of the essence. It is further agreed that the failure of the holder to exercise this right of accelerating the maturity of the debt, or any other indulgence granted from time to time, shall in no event be considered as a waiver of such right to accelerate or estop the holder from exercising such right. Borrower shall pay to the Note holder a late charge of 5% of any monthly installment not received by the note holder within ten (10) days after the installment is due, which time shalt be deemed to be a part of the grace period hereinafter provided in this Note; shall run concurrently A+PREVITCDI.Yplf it MY" NEC. PR: 1 T8632B 7 therewith to such extent, and shall not extend the grace period. In the event this Note is enforced or collected by the holder hereof after default hereunder, all costs of collection, including reasonable attomey's fees (including appellate attomey's fees) shall be paid by the undersigned, whether or not court proceedings are commenced. In the event of default, then after the period of grace, for the time that this note remains in default, interest shall be computed at the rate of eighteen (18%) percent per annum, on the principal unpaid balance. The principal balance and any accrued interest shall bear interest at the rate of eighteen (18%) percent per annum, from and after maturity until paid. The total Iiability of the undersigned for payment of interest shall not exceed the amount allowed by law in the State of Florida, and if any payments charged to the undersigned constitute interest in excess of such maximum amount, the holder hereof shall apply such excess to the reduction of the unpaid principal amount due pursuant hereto. This Note is secured by a Security Agreement or. all of the corporate assets, inventory, machinery and equipment, now in the maker's business and after date acquired, all of which is now located at 1302 N.W. 54th Street, Miami, FL 33142, or any other location. A default under said Security Agreement shall constitute a default hereunder. This Note is guaranteed by EMMA LEE MARTIN, and is further collateralized by the execution and delivery of amortgage on real property described as: 1302 N.W. 54th Street, Miarni, FL 33142, 18I5I N.E. 31 st Court, North Miami Beach, FL 33160 and 13685 N.E. 10th Avenue, North Miami, FL 33 161to induce the lender to complete the funding of the loan to the Borrower. and to assure repayment of same in the event of default, and also, l y written covenants given by the Maker and the Guarantor of this Note. Any breach of the written covenants made to induce Miami Capital Development, Inc., to fund the sums secured by this Note and other Security documents, shall constitute a default under the terms of this Note. MIAMI CAPITAL DEVELOPMENT, INC., has advanced the funds, which are evidenced by this Note, on reliance upon the maker's representation that the said maker, on this date is unable to obtain conventional financing at prevailing interest rates. lf, in the future, the maker can qualify for conventional financing, it is the intention of the parties that the maker shall promptly repay this loan. In order to determine whether or not the financial condition of the undersigned has improved so that it can obtain conventional financing, the Note holder shall have the right to periodically revie'.v the financial condition of the unite igned and the undersigned shalt permit the Note holder, and its agents, to have access to the undersigned's books, records, reports, correspondence and premises, wherever inventory, supplies, and/or other assets are stored, at anytime without the need to give prior notice, for such purpose. If the Note holder reasonably concludes that the undersigned can obtain conventional financing directly through a bank, the Note 4 4Atit77Gt1Lxn:ILt •rn7 Ft'.a holder shall have the right to declare that the entire outstanding principal balance is due and payable at the expiration of sixty (60) days. Borrower and Note holder agree that those covenants and conditions contained in the Loan Agreement of even date, executed by the parties is incorporated herein and by reference made a part hereof, and that any default of the terms and provisions of said Loan Agreement will be deemed a default under the terms and conditions of the Note and Mortgage, invoking the Note holder's right to accelerate and declare the entire outstanding balance due and payable. Undersigned and all endorsers of this note waive presentment, demand for payment, protest and notice of dishonor of this note, and authorize the holder and mortgagee, without notice or further consent, to grant extensions of time in the payment of any monies payable under this note or the mortgage, to waive compliance with any of the provisions of this note and the mortgages, and to release all or any part of the properties subject to the mortgages from the liens hereof. This Note is one of three (3) separate notes of even date, delivered by the tmdersigned to tvlIAMI CAPITAL DEVELOPMENT, INC., a Florida corporation, not -for -profit, which are more fully described herein and true copies of which are attached to the Mortgage securing the three (3) notes. The entire balance remaining unpaid upon this note may be declared to be irnmediately due and payable in the event of a default in the terms and provisions of the other note of even date. This Note is to be construed and enforced according to the laws of the State of Florida. UNDERSIGNED BORROWER, AND NOTEHOLDER/NMORTGAGEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITII THIS NOTE, AND ANY AGREEMENT CONTEMPLATED TO BE EXEC[ITED IN CONJ1JNCTION HEREWITH, ORANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE MORTGAGEE EXTENDING CREDIT TO BORROWER. 141 Executed this 7 day of November, 1997. (CORPORATE SEAL) C am✓ � c. r c L p � PRESTIGE ENTFiRPRISE. INC., a Florida corporation ATTEST: -'1 �7 ove ,� �,' 9 By: By: 'fl 'C_ l' c Secretary EMMA LEE MARTIN President rrcmmreLvDwcxor Amount: $75,000.00 Cs Date: 7rf2 Miarni. Florida NOTE ,1997 FOR VALUE RECEIVED, the undersigned promises to pay to the order of lvfIAMI CAPITAL DEVELOPMENT, INC., a Florida corporation, not -for -profit, the principal sum of SEVENTY FIVE THOUSAND and No/100 DOLLARS ($75,000.00), plus interest at the rate of (SIX) 6% per annum in lawful money of the United States of America, payable at 300 Biscayne Boulevard Way, Suite 614, Miami, Florida 33131-2207, or such other place or to such other person as the holder hereof inay from time to time designate in writing, as follows: Commencing January 1, 1998, the Borrower shall make interest only payments of $375.00 per month on the 1st day of each and every month through and including the payment due June 1st 1998. Commencing July 1st, 1998, the Borrower shall make equal principal and interest payments of $1,095.64 per month on the 1st day of each and every month through and including the payment due June 1, 2005, the date of maturity. The undersigned reserves the privilege to prepay in part or in full the principal balance hereof, without penalty, upon giving fifteen (15) days prior written notice to the legal holder hereof, of intention to make any such prepayment, provided that any such partial prepayments shall not, in any manner, affect the time for or amount of any regular installment payment as it becomes due. In the event there is not paid in full, when due, any installment of principal or interest and such default continues for a period of fifteen (I 5) days or more, then, and in any such event, the entire unpaid principal evidenced by this Note, with all interest accrued thereon, shall, at the option of the holder and without notice to the undersigned, become due and may be collected forthwith, time being of the essence. It is further agreed that the failure of the holder to exercise this right of accelerating the maturity of the debt, or any other indulgence granted from time to time, shall in no event be considered as a waiver of such right to accelerate or estop the holder from exercising such right. Borrower shall pay to the Note holder a late charge of 5% of any monthly installment not received by the note holder within ten (10) days after the installment is due, which time shall be deemed to be a part of the grace period hereinafter provided in this Note; shall run concurrently .13nttinGEM.ttxnr i Ec..178€2!E2882 REC. therewith to such extent, and shall not extend the grace period. In the event this Note is enforced or collected by the holder hereof after default hereunder, all costs of collection, including reasonable attorney's fees (including appellate attorney's fees) shall be paid by the undersigned, whether or not court proceedings are commenced. In the event of default, then after the period of grace, for the time that this note remains in default, interest shall be computed at the rate of eighteen (18%) percent per annum, on the principal unpaid balance. The principal balance and any accrued interest shall bear interest at the rate of eighteen (l S°f,) percent per annum, from and after maturity until paid. The total liability of the undersigned for payment of interest shall not exceed the amount allowed by law in the State of Florida, and if any payments charged to the undersigned constitute interest in excess of such maximum amount, the holder hereof shall apply such excess to the reduction of the unpaid principal amount due pursuant hereto. This Note is secured by a Security Agreement on all of the corporate assets, inventory, machinery and equipment, now in the maker's business and after date acquired, all of which is now located at 1302 N.W. 54th Street, Miami, FL 33142, or any other location. A default under said Security Agreement shall constitute a default hereunder. This Note is guaranteed by EMMA LEE MARTIN, and is further collateralized by the execution and delivery ofa mortgage on real property described as: 1302N. W. 54th Street, Miami, FL 33142,; 18151 N.E. 31 st Court, North Miami Beach, FL 33160 and 13685 N.E. 10th Avenue, North Miami, FL 33161, to induce the lender to complete the funding of the loan to the Borrower, and to assure repayment of same in the event of default, and also, lriy written covenants given by the Maker and the Guarantor of this Note. Any breach of the written covenants rnade to induce Miami Capital Development, Inc., to fund the sums secured by this Note and other Security documents, shall constitute a default under the terms of this Note. MIAMI CAPITAL DEVELOPMENT, INC., has advanced the funds, which are evidenced by this Note, on reliance upon the maker's representation that the said maker. on this date is unable to obtain conventional financing at prevailing interest rates. If, in the future, the maker can qualify for conventional financing, it is the intention of the parties that the maker shall promptly repay this loan. In order to determine whether or not the financial condition of the undersigned has improved so that it can obtain conventional financing, the Note holder shall have the right to periodically review the financial condition of the unrilersigned and the undersigned shall permit the Note holder, and its agents, to have access to the undersigned's books, records, reports, correspondence and premises, wherever inventory, supplies, and/or other assets are stored, at anytime without the need to give prior notice, for such purpose. If the Note holder reasonably concludes that the undersigned can obtain conventional financing directly through a bank, the Note .ti WF.1.77a tfaJl A0T oFF. 178621' 2883 prr, holder shall have the right to declare that the entire outstanding principal balance is due and payable at the expiration of sixty (60) days. Borrower and Note holder agree that those covenants and conditions contained in the Loan Agreement, of even date, executed by the parties is incorporated herein and by reference made a part hereof, and that any default of the terms and provisions of said Loan Agreement will be deemed a default under the terns and conditions of the Note and Mortgage, invoking the Note holder's right to accelerate and declare the entire outstanding balance due and payable. Undersigned and all endorsers of this note waive presentment, demand for payment, protest and notice of dishonor of this note, and authorize the holder and mortgagee, without notice or further consent, to grant extensions of time in the payment of any monies payable under this note or the mortgage, to waive compliance with any of the provisions of this note and the mortgages, and to release all or any part of the properties subject to the mortgages from the liens hereof. This Note is one of three (3) separate notes of even date, delivered by the undersigned to MIAMI CAPITAL DEVELOPMENT, INC., a Florida corporation, not -for -profit, which are more fully described herein and true copies of which are attached to the Mortgage securing the three (3) notes. The entire balance remaining unpaid upon this note may be declared to be immediately due and payable in the event of a default in the terms and provisions of the other note of even date. This Note is to be construed and enforced according to the laws of the State of Florida. UNDERSIGNED BORROWER, AND NOTEHOLDER/MORTGAGEE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EI"I-iERMAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS NOTE, AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE MORTGAGEE EXTENDING CREDIT TO BORROWER. Executed this T - day of November. 1997. (CORPORATE SEAL) Prestige Enterprise, Inc., a Florida corporation ATTEST: By: By: Secretary A:WREmMi /101 V•Qr ra 774bw!."wesigr Emma Lee Martin. Present eicr+oen/v r XrCIA, sw�^ MOW,. r,y7at. R TJ veRs� HARVEY RUViN r 4vtkY 17802886 THIS INSTRUMENT WAS PREPARED BY: JULE F. PAULK, ESQUIRE KOPPEN, WATKINS, PARTNERS & ASSOCIATES, a Professional Association 700 Northeast 90th Street Miami, Florida 33138-3206 Telephone: (305) 754-5442 97R5138 13 1997 NOV 10 15:31 ASSIGNMENT OF RENTS AND LEASES Tom', A�SIt)NMEN": OF RENTS AND LEASES enters into this 7th day of November, 1997, by PRESTIGE ENTERPRISE, INC„ and EMMA LEE MARTIN, (the "Assignors"), and MIAMI CAPITAL DEVELOPMENT, INC. a Florida Corporation, not for profit, having its place of business at 300 Biscayne Boulevard Way, Suite 614, Miami, Florida 33131-2207 (the "Assignee"). WIT NESSItTH: WHEREAS, the Assignors are the owners of that certain real property, the legal description of which is more particularly described as follows: Parcel I: Lots 1,2 and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 43, of the Public Records of Dade County, Florida. ?areal II: Unit 1003, CLIPPER AT BISCAYNE COVE, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 11165, at Page 963, of the Public Records of Dade County, Florida, together with an undivided share in the common elements appurtenant thereto. Parcel TIT: Condominium Unit 402, ofGOLDEN TERRACE CONDOMINIUM, according to the Declaration of Condominium filed for record on December 18, 1974, under Clerk's File No. 74R-280659, and recorded in Official Records Book 8860, at Page 563, of the Public Records of Dade County, Florida. A:IPALMGHAOIGKRAL t1Ff, 17862P12887 REC. WHEREAS, the party of the second part, as a condition to the granting of the aforesaid mortgage loan, has required the execution and delivery of this Assignment of Rents and Leases on the property described in these presents; and WHEREAS, the Assignee is the holder of a certain mortgage of even date, which mortgage constitutes a First lien upon Parcel I and a Second Lien on Parcels li and Three, the premises and buildings constructed thereon (said buildings and premises being hereinafter referred to as the mortgaged premises and said mortgage being hereinafter referred to as the mortgage) which mortgage is in the principal sum of Three Thousand and No/100 Dollars (S300,000.00). NOW THEREFORE, in consideration of and as an inducement to the making by the Assignee to PRESTIGE ENTERPRISE, INC., a Florida corporation, of a loan, repayment of which is guaranteed by the Assignor(s), and which guaranty is partially secured by the mortgage, the Assignor(s) do hereby assign, transfer and set over to the Assignee all the right, title and interest of the Assignor(s) in, under and by virtue of any and all leases entered into for the premises (hereinafter referred to as the assigned leases, which terms shall be deemed to include the leases and all extensions or renewals thereof) and any and all such other or further leases as the Assignee shall from time to time determine, including specifically, but not by way of limitation, all the right, power and privilege of the Assignor(s) to cancel, terminate or accept the surrender of any assigned lease, to accept prepayment of more than one periodic installment of rent thereunder, or to modify or abridge any of the terms, covenants and conditions of any such lease so as to reduce the term thereof or the rental payable thereunder (other than charges for electricity) or to change any renewal privilege therein contained without the prior written consent of the Assignee (except as any such right, power and privilege as to any of the foregoing is expressly permitted to a lessee under the specific provisions of its lease), together with all of the rents, issues and profits which may be or become due, or to which the Assignor(s) may now or hereafter become entitled, arising or issuing out of the assigned leases, or from or out of the mortgaged premises or any part thereof. TO HAVE AND TO HOLY) the same unto the Assignee, its successors and assigns. until such time as the indebtedness secured by the mortgage shall have been paid in full, for the purpose of further and collaterally securing (1) payment of the indebtedness evidenced by the mortgage together with the interest on said indebtedness, (2) payment of all other sums, with interest thereon, to became due and payable to the Assignee under the provisions of the mortgage; and (3) performance and discharge of each and every obligation, covenant and agreement of the Assignor(s) herein, and in the mortgage, contained. This instrument of assignment is delivered and accepted upon the following terms and conditions: 1. So long as no default shall exist under the mortgage, or under this assignment, the Assignor(s) shall have a license to manage and operate the mortgaged premises and to collect, receive and apply for its own account, for a period of time not to exceed two (2) months in advance, all rents, issues and profits accruing by virtue of such assigned leases, and to execute and deliver proper receipts and acquittances therefore. 2. Immediately upon the occurrence of any default under the mortgage, related loan documents or under this assignment, and until such default shall have been cured as hereinafter defined, the license mentioned in the foregoing paragraph 1 hereof shall cease and terminate, and in such event the Assignee is hereby expressly and irrevocably authorized to enter and take possession of the mortgaged premises by setual A: P ESRGZIASTtG:XP3f. -2- 786aC2888 physical possession, or by written notice served personally upon or sent by registered mail to the Assignor(s), as the Assignee may elect, and no further authorization shall be required. Following such entry and taking possession, the Assignee may: (a) Manage and operate the mortgaged premises or any part thereof, (b) Lease any part or parts thereof for such periods of time, and upon such terms and conditions as the Assignee may, in its reasonable discretion, deem proper; (c) Enforce, cancel or modify any such assigned lease and any other leases hereafter in effect covering the mortgaged premises or any part thereof; (d) Demand, collect, sue for, attach, levy, recover, receive, compromise and adjust, and make, execute and deliver receipts and releases for all rents, issues and profits that may then be or may thereafter became due, owing or payable with respect to the mortgaged premises or any part thereof from any present or future lessees, tenants, subtenants or occupants thereof; Institute, prosecute to completion or compromise and settle, all summary proceedings, actions for rent or for removing any and all lessees, tenants. subtenants or occupants of the mortgaged premises or any part or parts thereof Enforce or enjoin or restrain the violation of any of the terms, provisions and conditions of any lease or leases, now or hereafter affecting the mortgaged premises or any part thereof; (g) Make such repairs and alterations to the mortgaged premises as Assignee may, in its reasonable discretion, deem proper; (c) (f) (h) Pay, from and out of rents, issues and profits collected in respect of the Mortgaged premises or any part thereof, or from or out of any other funds, the rent and all other charges required to be paid under any ground lease on which the mortgage may constitute a lien, any taxes, assessments, water rates, sewer rates, or other govemmeat charges levied, assessed or imposed against the mortgaged premises, or any portion thereof, and also any and all other charges, costs and expenses which it may be necessary or advisable for the Assignee to pay in the management or operation of the mortgaged premises, including (without limiting the generality of any rights, powers, privileges and authority hereinbc:fore or hereinafter conferred) the costs of such repairs and alterations, commissions for renting the mortgaged premises or any portions thereof, and legal expenses in enforcing claims, preparing papers or for any other services that may be required; and Generally, to execute and perform any other act, deed, matter or thing whatsoever that ought to be done, executed and performed in and about or with respect to the mortgaged premises, as fully as the Assignor(s) rnight do. The Assignee shall apply the net amount of rents, issues and profits received by it from the mortgaged premises, after payment of all proper costs and charges (including any Joss or damage thereinafter referred in to paragraph 4) to the reduction and payment of the debt secured by the mortgage. The Assignee shall be (i) .4.1PAE TVE:iSSIGY.FEL -3- r fC: 17802889 accountable to the Assignor(s) only for monies actually received by the Assignee pursuant to this assignment. For the purpose of this paragraph 2. a default shall be deemed to be cured only when the Assignor(s) shalt have paid in full all suns owing and past due, and/or shall have performed all other terms, covenants and conditions, failure itt the performance of which terminated the license hereinabove mentioned. 3. The Assignors) hereby irrevocably directs each lessee under each assigned tease and under any other lease which shall hereafter become an assigned lease, upon demand and notice from the Assignee of the Assignor(s)' default under the mortgage or under this assignment to pay the Assignee all rents, issues and profits accruing or due under its lease from and after the receipt of such demand and notice. Any lessee making such payment to the Assignee shall be under no obligation to inquire into or determine the actual existence of any such default by the Assignor(s). 4. The Assignor(s) hereby agree to indemnify and hold the Assignee harmless against and from any and all liability, loss, damage and expense, including reasonable attorneys fees, which it may or shall incur under any of said leases. or by reason of this assignment, or by reason of any action taken by the Assignee hereunder, and against and from any and all claims and demands whatsoever which may be asserted against the Assignee by reason of any alleged obligation or undertaking on its part to perform or discharge any of the terms, covenants and conditions contained in any of the. said leases. Should the Assignee incur any such liability, loss, damage or expenses, the amount thereof, together with interest thereon at the maximum rate allowed by law, shall be payable by the Assignor(s) to the Assignee immediately upon demand, or at the option of the Assignee, the Assignee may reimburse itself therefor out of any rents, issues or profits of the mortgaged premises collected by the Assignee. Nothing contained herein shall obligate or be construed to obligate the Assignee to perform any of the terms, covenants or conditions contained in any assigned tease or otherwise to impose any obligation upon the Assignee with respect to any of said leases, including, but not limited to, any obligation arising out of any covenant of quiet enjoyment therein contained, in the event that any lessee shall have been joined as a party defendant in any action to foreclose the mortgage and the estate of such lessee shall have been thereby terminated. Prior to actual entry into and taking possession of the mortgaged premises by the Assignee, this assignment shall not operate to place upon the Assignee any responsibility far the operation, control, care, management or repair of the mortgaged premises, and the execution of this assignment by the Assignor(s) shall constitute conclusive evidence that all responsibility for the operation, control, care, management and repair of the mortgaged premises is and shall be that of the Assignor(s), prior to such actual entry and taking possession. 5. The Assignor(s) represent and warrant that the Assignors) has duly and punctually performed all and singular the terms, conditions and covenants of the aforesaid teases on Assignor(s)' part to be kept, observed and performed; that the Assignor(s) have not sold, assigned, transferred, mortgaged or pledged any of the rents, issues and profits from the mortgaged premises or any part thereof, whether now due or hereafter to become due, to any person, firm or corporation other than the Assignee; that each executed assigned lease is valid and in full force and effect; that no rents, issues or profits of the mortgaged premises, or any part or part thereof.. becoming due subsequent to the date hereof have been collected nor has payment of any of the same been anticipated, waived, released, discounted or other vise discharged or compromised and that no lessee thereunder is in default under any of the terms of its lease. The Assignor(s) agree that so long as no default shall exist under the mortgage, related loan documents or this assignment, the Assignor(s) will enforce or secure the pertornance of each and every obligation, Covenant, condition and agreement to i:tm n17an,VacV.Rer. -4- 'Arc 17802890 REC. be performed by each lessee under each assigned lease, and any lease which may hereafter become an assigned lease. 6. The Assignor(s) agree to execute and deliver to the Assignee, at any time or times during which this assignment shall be in effect, such further instruments as the Assignee may deem necessary to make effective this assignment and the several covenants of the Assignor(s) herein contained. The Assignor(s) further agree that at all times during which this assignment shall be in effect, the Assignors) will use its best efforts to keep the mortgaged premises fully rented at the highest rental obtainable and after the date of this assignment will promptly furnish the Assignee with a complete copy of each such lease. 1. Failure of the Assignee to avail itself of any of the terms, covenants and conditions of this assignment for any period of time, or at any time or times, shall not be constracd or deemed to be a waiver of any of its rights hereunder. The rights and remedies of the Assignee under this instrument are cumulative and are not in lieu of but are in addition to any other rights and remedies which the Assignee shall have under or by virtue of the mortgage. The rights and remedies of the Assignee hereunder may be exercised from time to time and as after as such exercise is deemed expedient. 8. The Assignee shall have the right to assign to any subsequent holder of the mortgage, or to any person acquiring title to the mortgaged premises, the Assignor's right, title and interest in any lease hereby or hereafter assigned, subject, however, to the provisions ofthis assignment. After the Assignor(s) shall have been barred and foreclosed of all right, title and interest and equity of redemption in said mortgaged premises, no Assignee of the Assignor's interest in said leases shall be liable to account to the Assignor(s) for any rents, income, revenue, issues or profits thereafter accruing. 9. Upon payment in full of all the indebtedness secured by the mortgage, as evidenced by a recorded satisfaction or release of mortgage, as well as any sums which may be payable hereunder, this assignment shall become and be void and of no effect and, in that event, upon the request of he Assignor(s), the Assignee covenants to execute and deliver to the Assignor(s) instruments effective to evidence the termination ofthis assignment and/or the reassignment to the Assignor(s) of the rights, powers and authority granted herein, provided, however, that as to any lessee of any portion of the mortgaged premises, any affidavit, certificate or other written statement of any officer of the Assignee, stating that any part of the indebtedness remains unpaid, shall be and constitute conclusive evidence of the then validity, effectiveness and continuing force of this assignment and any person, firm or corporation receiving any such affidavit, certificate or statement may, and is hereby authorized to, rely thereon. As against the Assignee, at all times during which this assignment shall be in effect there shall be no merger of the leases assigned hereunder or the leasehold estates created thereby with the fee estate in the mortgaged premises by reason of the fact that said leases or any interest therein may be held by or for the account of any person, firm or corporation which way be or become the owner of said fee estate, unless the Assignee shall consent in writing to said merger. 10. No change, amendment, modification, cancellation or discharge hereof, or of any part hereof, shall be valid unless the Assignee shall have consented thereto in writing. 11. In the event there is any conflict between the terms and provisions of the mortgage and the terns and provisions of this assignment, the terns and provisions of this assignment shall prevail. 12. The terms, covenants and conditions contained herein shall inure to the benefit of, and bind the Assignee and the Assignor(s) and their respective heirs, Legal representatives, successors and assigns. asrumca .wGNMr. -5- Ke 1 T862PC2691_ IN WITNESS WHEREOF; this ASSIGNMENT OF RENTS AND LEASES has been executed as of the day and year set forth above. SIGNED SEALED AND DELIVERED in the presence of: oye - xo STATE OF FLORIDA ) §§ COUNTY OF DADE ) PRESTIGE ENTERPRISE, INC.. EMMA LEE MARTIN, EMMA LEE MARTIN The foregoing instrument was acknowledged before me this 1 "day of November, 1997 by EMMA LEE MARTIN, President of PRESTIGE ENTERPRISE, INC.., a Florida corporation, on behalf of the corporation. He/She is personally known to me or have produced as identification and did (did not) take an oath. (CORPORATE -%• Y;.` T LON.I • ` ©3 i1 5 • cti (Seal "irni o .,. resident My commission expires: STATE OF FLORIDA ) ) §§ COUNTY OF DADE ) �NO�%AR �'UBLIC, State of Flo da 0 ,\p,4Y PVU/ o'JUL6 F FAULK L 11.19. r7a•l ' c coraasston Maui CC88535 t MY o.^ uaiavE s FOF rinr C..T. 2,200 The foregoing instrument was acknowledged before me this 7TH day of November, 1997, by EMMA LEE MARTIN, who is personally known to me or roduced i1 r r_ . 'i; as identification and did (did not) tce an oath. My commission expires: Al➢RESTZEUSSIZIRAL ='l:U.: ....; •.-•: i._ -r. 1.1ARVEY F2JVl(J :.,I:H•. C. •.• I COUif -6- NOTAY•fn.PUBLIC, State of Florida m:tso;..-v s AL 011pY Puce JULE F PAUt_K 0 Cokeset Aea KUM � -^ oG CC685351 'A? S0�. iT£ 00mm0S0n tWI?ES OFf. Gee T8. !7.7.4 RED. , Prepared by and return to: ALAN W. LEVINE, ESQ. LEVINE & PARTNERS, P.A. 1110 Brickell Avenue, 7th Floor Miami, Florida 33131 QUITCLAIM DEED 97R515397 19.7 NOV ,_ 11:23 ,. F= `` i':ii 3URTk e.1.25 HAR'E� i1iiNt CLERr. DADE CDC4iT, EL THIS QU1TCLALM DEED, executed this 7th day of November, 1997, by JAMES GAM and OLGA GANI, husband and wife, whose post office address is 3820 Harlano Street, Coral Gables, FLL 33134, first party, to TRANSATLANTIC BANK, a Florida banking corporation whose post office address is 48 East Flagler St., 4th Floor, Miami, FL 33131, second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that the said first party, for and in consideration of the sum of TEN and NO/100 (S10.00) DOLLARS, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to -wit: Lots, 1,2 and 3, Block 2, AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 43, of the Public Records of Dade County, Florida TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: i Witness Signature ✓ , 7' '4 �� S7 c.�i`7,C % Print Name ES GAM REC. 17863PC 1775 Witnessignature C c Zr1t3G 7H Print Name STATE OF FLORIDA ) ss: COUNTY OF DADE t i.< 4-t4-- OLGA GANI I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared JAMES GANI and OLGA GANI, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 7th day of November, 1997. • i ! — I CA" Li' t NOTAR' UBLIC STATE OF FLORIDA My commission expires: OFFICIAL NOTARY SEAL EuzABErH I SRFgR NOTARY PUBLIC STATE OF FLORIDA COMMISS]ON NO. MOM MY COMMISSION EXP. OCT. 8,1999 `=L'JH,1S SOCA r+E CJRC rEg#44L: WaVEY RdVIN cap, ciRCWr COURT Y ai lsuwsit.Nt.fst.d 1� Even R. Marbin, Esq. +ear 48 East Fiegler Street PH-104. Mani. Florida 33131 vxuwet ae VOL rot ►.octtttsa eau I i This Quit -Claim Dced, Cucuta tint r. 97R5 151421 1997 HDV 12 11128 rtEt Itiodpw.m.ascoviDx0 racroverato RUVIN DOCSTPDEE 855.fr3 SURTX 641.25 HARVEY RJJVIHr CLERK DADE CDUHTY, FL allot cart rest tstt tall automate two cloy of November . A. D. 19 97 , by TRANSATLANTIC BANK LffS E Ra, /c t ;free,, /4/4 Fier, of feint party. la MIAMI CAPITAL DEVELOPMENT, INC. Wta..podaffk.'address :r 30a 1JtScQ�rNG soma paNyr 33/3/ �J✓d (/fity/ sail "5' ,,f1 +,;no' 33i3/ i WM...r w.l Mod. i ornm!'1.1 i.." W 'woad ►Mr J,. ir.W .i...* - +.M'.!+.Y.w`'.d wirm i ,.r,.u..r► .M ra...w.rM. W MAPS ...e.ra ar M, Mat lienessethr TIiet di..eid Jtat psrtl. J.r a0d in cea.i+io.Uat ertIw asap 9J S Ten ($10.00) in lrad'p by dhs sold a+eaat Pert,. the receipt askew! 1s hwby .dnwwt.dy rt. does hooky mass to- tsa.s .red gvlbetaini w.ti the weld second put, lerwor, ell the right. WI.. interest. staler .red Amend which ttw said first p.rty !au to ..d to the f.itowie0 stesad'ad tat. pis0 a: p.resl eJ t red. "km" tying ...d liana In the County of Dade Stale.! Florida •. ie.sent Lots 1.2 and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat therof, as recorded in Plat Book 7; at Page 43, of the Public Records of Dade County, Florida. S J1Ct l `J - `f"'1 ,'.a.t'1 it 1-11: i j filcki c) % f?Utp Ii $k Cif+ fi.oc(; ft't nL' i j jt,t}� 4-jL�'.L[Y 9!i t7 f�C4 �j�C,ti2l' Cb1i t (;�4 C't' . lL;Y.it,»; 7,;°J ,.;,y y!?' i/��:/,:1': i ✓ �„L?' ii teb,,:tr1' r t( fral r' N,re.j. IN t- ,mac' . f•� `'�.. ,`� r r r f` � To Eau¢ and to Hold till sane lott.tf.r a rill. all and singular Ai appurtenances ewretwto belonging sr to .*'eels app rt.tnLtg. wad all 14 estate. right. tills. intuest. liat..aeur .rid siein 64&. s.eo.r of the mill lint pars,..ptwr in law or equity. to the end, proper eras. Len.ftt and tassel of ihs odd senora pert, fosis: 1n 9 fifiltSS W hereofp r . sold fist party has agreed .,nt sealed lhest pram; • !het .Lee.'written. • sesiad awl delimed in presence .Js DeLCP.41 S TE OF FLORIDA, COUNTY OP ME I FFEREIY czIT1PY tilt es ibis day. Were rose a. °Mat doh, authorised in the State atese..id and in the County sterna so take scLsddpstwee, p•saseall7 appeared Miriam Lopez, President of Transatlantic Sank se ste Twos is be the penal detailed is and who eac.ied the f rrsohts ianrwweat wad she ackeeskatei Wort ire Ad she atoned the awe WITNESS soy Mei eed etrci i seal i. for Oweatr and State ,yl +to^rosit skis dey it November " A. A F9 97 . WAS* �S1 MOWN MP* # ,e soy CCIDINSION�ytoractess r-`z sYcie Ka. s.•� as;v This instrument was prepared by: JULE F. PAULK, ESQUIRE KOPPEN, WATKINS, PARTNERS & ASSOCIATES, P.A. 700 N.E. 90th Street Miami, Florida 33138-3206 . G.rc. IIU63 I&]U Nt: WARRANTY DEED 9 R 5 154061 199? HU 12 11:25 ;JiSTr D E c StiRT; HARVEY CLEFS: CADE COUNTY, f'L STATUTORY WARRANTY DEED THIS INDENTURE, Made this day of , " ,, 11- `1'Y"k , 19 -% between MIAMI CAPITAL DEVELOPMENT. INC., a Florida corporation, not -for -profit, of the County of Dade and State of Florida, grantor, and PRESTIGE ENTERPRISES, INC., a Florida corporation, whose post office address is 1302 N.W. 54th Street, Miami, FL 33142 and whose Tax ID # is respectively, grantee. WITNESSETH. That said grantor, for and in consideration of the sum of TEN AND NOl100 Dollars (310.00) aid other good and valuable considerations to said grantor. in hand paid by said grantee, the receipt of which is hereby acknowledged. has granted, bargained and sold to the said grantee, and grantee's heirs and assigns, forever, the following described land, situate, ying and being in Dade County, Florida, to -wit: Lots 1, 2 and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 43, of the Public Records of Dade County, Florida. Folio Number. 01-3123-012-0240 SUBJECT TO: Conditions, restrictions, reservations, limitations and easements of record if any; but any such interest that may have been terminated are not hereby reimposed; and subject to applicable zoning ordinances, taxes and assessments for the year 1997 and subsequent years; AND a Purchase Money First Mortgage of even date. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seat the day and year first above written. Signed, sealed and delivered in our presence: Nard6 Name: * nbert /} STATE OF FLORIDA COUNTY OF DADE C.n MIAMI CA• AL ELOPMENT, INC. a Florida I 8Y: (Seal) Name: ,ke2 rz,"t , Cy.o. 1) t 300 Biscayne Boulevard Way, Suite 614 Lam,; PaTcy Miami, Florida 33130 I HERESY CERTIF4hat on this day before mean officer duty qualified to take acknowledgments, per only appeared Jam, ii v � L ? 4.4 . 7 f: �'c 2 as G Y4"f L `%7 L'Y 1 � f'7 -11- of MIAMI CAPITAL DEVELOPMENT, INC., who is personajy known to mg or who has produced as identification, and who did (did not) take an oath, who executed the foregoing instrument and acknowledged before me that he executed the same. day of WITNESS my had and officjal seal in the County and State last aforesaid this 19 My Commission expires: N6rng' e wltErrx.C•*n. xn, rtAR,4V R0ON court r �jAY PVA OFFK ALNOTdnnYSERL 2 ktz.�� JULE F PAULK CO1arsCloW I SER c CC685351 �`t'Or rte M e oei zs N THIS R4STRLiir4ENT PREPARED BY: gg, 1 8304rr1) `t 4, BETTY ANNE BEAVERS IR ATTORNEY AT LAW s P.O. BOX 166t11 ii A PLANTATION, FL 33311 !!rltpE 9'8FZ493357 190?, : O_; SUBORDINATION (Subordinating Mortgage to Pori Parse Position) THIS SUBORDINATION is given by MIAMI CAPITAL DEVELOPMENT, INC., a Florida Corporation, not for profit, (hereinafter referred to as "MCDI"), whose address is 300 Biscayne Boulevard Way, Suite 614 Miami, Florida 33131, to and for the benefit of OCEANMARK BANK, FSB, a Federal Savings Bank, (hereinafter referred to as "OCEANMARK" ), whose address is 3845 N.E. 163i° Street, North Miami Beach, Florida 33160. 1. MCDI is the owner and holder of that certain mortgage. Assignment of Rents and Leases, and UCC-1 Financing Statement (the "MCDI Mortgage")_,given by PRESTIGE ENTERPRISE, INC., a Florida corporation, and EMMA LEE MARTIN, as Mortgagors, (the "Borrower") dated November 7,1997, and recorded November 10,1997 in Official Records Book 17862 at Page 2865, et seq., of the Public Records of Dade County. Florida, encumbering the property described below (the "Property"): Parcel 1: Lots 1, 2 and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7. at Page 43, of the Public Records of Dade County, Florida. Located at: 1302 N.W. 54th Street, Miami. F133142 Parcel 2: Unit 1003, CLIPPER AT BISCAYNE COVE, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 11165, at Page 963, of the Public Records of Dade County, Florida, together with an undivided share in the common elements appurtenant thereto. Located at: 18151 N.E. 31' Court, #1003, North Miami, Florida 33160 Fc. 1 RT4,O 145 Parcel 3: Condominium Unit 402, of GOLDEN TERRACE CONDOMINIUM, according to the Declaration of Condominium filed for record on December 18,1974, under Clerk's File No. 74R-280659. and recorded in Official Records Book 8860. at Page 563, of the Public Records of Dade County, Florida. Located at: 13685 N.E. 10t° Avenue. 4402, North Miami, Florida 33161 2. OCEANMARK has agreed to make a mortgage loan to the Borrower in the original principal amount of S150.000.00 secured by a first Mortgage on Parcel 1 above, which Mortgage is dated June 30,1998 and was recorded July 29.1998, in Official Records Book 18208 at Page 2154, and secured by second Mortgage liens on Parcels 2 and 3 above, which second Mortgage is dated June 30,1998, and was recorded July 29,1998, in Official Records Book 18208 at Page 2147, both of the Public Records of Dade County, Florida, and for which Corrective Mortgages are being re -recorded simultaneously with this Subordination Agreement. 3. OCEANMARK would not make the loan to the Borrower unless its mortgage liens would be in equal position and have the same priority of lien as the aforementioned mortgage in favor of MCDI. 4. NOW THEREFORE, in consideration of the representations made herein, MIAMI CAPITAL DEVELOPMENT, INC. hereby subordinates the priority of its Mortgage interest in the Property as recorded in O.R. Book 17862 at Page 2865, and its Security interest in business assets and inventories as recorded by UCC-I Financing Statement in O.R. Book 17862 at Page 2912, to a position of equal priority and dignity with the Mortgages and UCC- I Financing Statements given by PRESTIGE ENTERPRISE, INC., and EMMA LEE MARTIN, as Borrower, to OCEANMARK BANK. FSB. which are being recorded simultaneously herewith. The term "priority" as used in this sentence, shall have the same meaning that the term has under Section 695.11, Florida Statutes. 5. This subordination shall be effective as to the original principal amount of $150,000.00, but not to any interest, attorneys fees. costs, or advances made to protect the security of OCEANMARK's lien or collateral. 6. This subordination shall remain in effect until Borrower has satisfied all of its obligations to OCEANMARK under the terms of the Mortgage and the Note given in connection therewith, at which time this agreement shall be null and void and of no further effect, and the lien of the MCDI mortgage shall immediately revert to the same priority it had prior to execution. delivery and/or recording of this Agreement. Page 2 of 3 • • l8304 O I46 7. Mall and oC EANMARIC agree tojoin a& other in eoy legal action tavoght by either to enforce payment by Borrower aga rat any of the Property or other collateral. MCDI and OCE.ANMARIC .gme to fully cooperate with each other with regard to the Property and other collateral is the event of a default by Banow to either o1'fherm lathe event tint MCDI mod OCEANMARK. agree to being a oegle erase of sedan jointly to enforce payment °Rothloans reined toherein, then. say auresreceived in said foncelosuae ehaf be proportionally dhided among the Lenders herein. in the ratio that it may be dettaainehd flat the otgsCmdiegpriocipal balasees due eachLeaderbears to the mostaading principal balances doe both Leafless„ at the tine the action is filed. The came ratio shall apply .s to Ey proceeds deaiicd in the evert of a separate cause of auk Sled by either Leader. IN WITNESS WFLEREOF, MIAMI CAPITAL DEVELOPMENT, INC., bas caused this Suberdiiea to be executed by its undersigned officials as duly authorized. SPATE OF FLORIDA COUNTY OF DADE MIAMI CAPITAL DEVE,QPMF T, INC. Ely-. G' 631 CAISAR A. P13TLUPSExecutive Director 300 Biaccyne Blvd. wa3aY+kC11•' Suite 614 a.) ' a C• Mani. Florida 331 F .'t. I BERM CERTIFY that on this day be fore car, an officer duly tiff b* 1�e sekoustiodgelem appes ed CAESARA. PHILLIPS, as live Director of MIAMI CAPITAL DEVELOPMENT'. INCH a Florida Corpondee, who is either paaosally kaown to me or who produced a valid Florida driver's license, and who creamed the foregoing instrument end acknowledged before me That the encuted t5e same. feIto is 1240 awesrevlie Or: moot comes co Pt N. • s Po1&, Sae: of Florida My on ion api= Page 3 of 3 . °":183i4K014T CORPORATE RESOLUTION OF MIAMI CAPITAL DEVELOPMENT, INC. #090298-1 WHEREAS, on 2 . 1998, at a regularly scheduled meeting of the Board of Directors of Wand Capital Development, Inc., at which meeting a quorum was present and voting, the Board considered and took under advisement granting the Executive Director authority to execute any an all satisfaction, release or termination documents that may be required to be delivered in regards to any loan payoffs or partial releases and/or substitution of collateral, and/or sharing of collateral, and/or reductions of collateral, and/or guarantors, and/or subordination agreements, and/or any material changes in commitments letters, and/or loan agreements, and/or Indemnity agreements for Replevin Bonds required by the Circuit Court WHEREAS, the Board considered the matter and felt it advisable for the expeditious handling of loan pay-offs, and other related matters to grant said authority; therefore: BE IT RESOLVED, that Caesar A. Phillips as Executive Director of Miami Capital Development is hereby empowered, authorized and directed on behalf of the corporation to execute any and all documents required by MIAMI CAPITAL DEVELOPMENT, INC„ to effectuate the aforesaid agreements and/or documents. Such authority is in addition to the same authority granted to the President by the Artides of Incorporation, By -Laws and Amendments and such is meant to supplement the authority of the President for greater corporate and administrative efficiency. day of W'Tkm O of'fiCcial seal at Miami -Dade County, Florida this .1998. tV * n (CORPORATE SEAL) MIAMI CAPITAL DEVELOPMENT, INC, A Florida not -for -profit corporation A. del Cerro, President ce L;ya.rw•..,.e.o - .If DA E COM,. /text... .4ECoa7 VOWED HARVEY RUM ti TOfF. ]Q2(1Qp I M .1U L00 r• - 'Space ,t, .e lrtl-+fy Rt:aril Mil, MORTGAGE THIS MORTGAGE rSecurity Instrument'! is given on June 30, 1998 The mortgagor is Prestige Supermarket This Stzuri;p lrsrurrzu is ;Iron to OCBA1011AX SANlc , r . s . 8 . which is organized and existing under the taws of the United States of America 1845 N,B. 163rd Street CBorrower). , and whose address is i iender'1. Borrower Dives Lender the principal sum of o1i8 HVND';8D Yii?1'Y THOIISAND ACID 00/100 Oasts (.S.1 150, 000.00 }• That debt is evidenced by Borrower's note, consigner loan agrtetnent, or side writing doted the same date as this Security Instrument 1"Note'!, which provides for monthly payments, with the full debt. if not paid earlier, doe end payable on De ma n d .This Security Iastoanent secures to Lender. far the repayment of the debt evidenced by tha Note, with interest, and all tanawals, extensions and modifications of the Note; ibl the paynranl of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security limn/melt; and fel the performance of Borrowers covenants and agreements under this Security Instrument and the Note. Far this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property !acated in County. Florida: Lots 1,2, and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 43, of the Public Records of Wade County Florida. Folio Number lit-3123-012-0240 which het the addressaf 1302 NW 54th Street Pno Rands 33112 rProperty Address"); Ws OWE Hi arai TOGETHER t17TH al the unproven srts now or hereafter erected on the property, and all easements, appurtenances, and fixtures now a hereafter 3 part of the property. Alt replacements and additions shall also be covered by This Security tnstrurrrnt. All of the foregoing is referred to in this Security Instrument as the ?replrty.` By initialing. t acknewladge this .s pegs t of 6 Otte Morteape, ',hunts inrtaail Init;nrl ingiais 'n rein'/ruKru AMa PL 1PP3.'PPP ttrr rry If IFttI ta:77 If:, Para t PI r¢stKe apY,.rs to0•Tr :- ,? !,,r,n fuPIG nl7at! ;C.182(0 2155 • CCrt a 92iSid t he nne.by coo:eyed, mid tie: the neht to inortg:y= gr_ and n the BBRR"unui m finnT.�i that uvirai4er ii) irfuriy a, the CSta7.. ...... nY!y . . Property end that the Property is unencumbered. east for enctarrbrances of record Borrower warrants are win eelend geeern'ty the title to the Proxrty age eat a't eer-r's e" d dr^r s. s •b;e-..^ env en:: —trances et record brown and Lander covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Botrower shalt promptly pay when due the prncpal of and ntPrest on the debt evidenced by the Note end any prepayment and late charges due under the Rote. 2. Funds for Taxea and Insurance. At Lender's request and subyect to appicable law, Borrower anal) pay to Lender on the day monthly payments are due undet the Note, until the Nate is paid in full, a sum !'Funds"I far: tel yearly taxes and assessments which rray attain parity over this Security Instilment as a lien on the Property: (hl yearly leasehold payments or ground rents an the Property, if any; Ic) yearly hazard ur property insurance ermines; (d) yearly Rood insurance premiums, if any; lel yearly mortgage insurance premiums, if any; and Ill any sums payable by Borrower l0 Leader, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow iterm' Lender may, Al any time. eoflect and hold Funds in an amount not to axeaed the maximum amount a lender tor a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended hoer time to time, 12 U.S.C. §2601 et seq. rRESPA-L urdess another applicable law that applies to the Funds sets a lesser amount. (1 so, Lender may, at any tune, collect and bald funds in an arming not to exceed the lesser amount. Lender may estimate the Kneen of Funds due an the basis of current data and reasonable estimates of expazrltores of future Escrow item or otherwise in accordance with examine law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, :t Lender is sure an irsfimtion) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. tender may not charge Borrower for honing end applying the Funds. annually anetyeing the escrow account, et verifying the femora Items. unless Lender pays Borrower interest on the Funds end sppitabie law permits Lender to mike such a charge. However, Lender may requue Borrower to pay a one -tare charge for an mdependent real estate tax reporting service used by Lender in connection with this loan, unless imitable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shag not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lander may agree in writing however, that interest shell be paid an the Funds. Lender shall give to Borrower. without charge, an annual accounting of the Funds, showing credits and debits to the funds and the purpose tar which each debit to the funs was made. The Funds are pledged as additional security far all sung seemed by this Security Instrument. If the Funda held by tender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. It the amount of the Funds bold by Lender at any tine is not sufticient to pay the Escrow Items when due, tainting so notify Borrower in writing, and, in suds case Borrower shag pay to Lender the amount necessary to make up the deficiency. Burrower shag makeup the deficiency in tin more than twelve monthly payments, et Lender's solo discretion. Upon payment in fug of sH stoma secured by this Sertuity hutment, Lander shall promptly refund to Borrower any Funds held by Lender. If, uada: paragraph 21, Lender shall acquire or sell the Property. Lender. prior to the acquisition or sale of the Property. shall apply any Funds held by Lender at the tuna o(ecquiatian or sale as a emit against the sums secured by this Seventy Instrument. 3, Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first. to any prepayment charges due under the Male; second. to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charger, Linear Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority aver this Security Instrument, and leasehold payments or grand rents, if any. Borrower shall pay these obligations in On manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on tins diraetty to the person owed payment. Borrower shell promptly furnish to Linder an notices of amounts to be paid under this paragraph. If Borrower makes these payments direlly, Born:wet shell promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly d!st:harge any lien which has priority over this Security ins;runent unless Borrower: (el agrees in wriling to the payment al the r 'atirn secured by the flan in a manner ac eptable to Lender; th) contests in good faith the lien by, or defends against enforcement of die lien h. Iegsl pealemers which in tie Londe' opinion aplrate to Wan the enforcement of the ben; or (cl secures from the holder of the rim an apreernem satisfactory to Lender subordinating the lien to this Security Instrument. If Lender deterrrnes that any part of the Property is subjett to a hen wtuch may attain priority overt this Senility instrument. Lender may give eorrotte, a notice identifying the lien. Borrower shag twisty the lien or take otx or Luna et the actions set forth above within 10 days of the gleng of notice. By wading. I acknowledge thus is poge 2 of 6 of the Mortgage. rlrpri 1p rttirlWJ ,' 1!.n Irntrals Icq,r!s !r, l ,,Is inglale . i.- :1,✓;1�1 REC. 8?O8 156 5. Named or Property Insureaaa. Borrower shall keep the imprertmnts maw esrsnng or hereafter erected on the Property insured tieing loss by fire, hazards inriuded within ibe ieim "exluakti tutet aye :cal ern other haiards including floods or !fowling, for what Wear ar ; has inswame. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen Bcr:owar sualect to Lender's enroll! which shag not be unreasonably w,rrhe'd. If Borrower lets to maintain coverage less^ t•ed atove Leder :ay. at Lender's option. obtain coverage to protect tender's rights in the Property in accordance with paragraph 7. MI insurance policies and renewals shall be acteptable to Lender and shaft include a standard mortgage clause. tender shall hare the right to hold the peaces and renewals. 11 Lender requires. Borrower shall promptly in to Lender all receipts of paid prerreurns and renewal notices. bi the eyent of loss, Borrower shall give prompt notice to the msurante carrier and Lender. Lender may make proof of foss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economicaliy feasible and Lender's serum is nor lessened. If the restoration or repair is not economically feasible or Lender's security would he lessened. the insurance proceeds shall be applied to the situ secured by this Security Instrument. whether or not then due. with any sieves paid to Borrower. If Borrower abandons the Property. or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lander may use the proceeds to repair or restore the Property or to pay suits secured by this Security Instrument, whether or not then due. The 30-day paned will begin when the notice is given. Unless Lender and Borrower otherwise some in wnnng. any application of proceeds to principal shalt not extend nr postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the mourn of the payrnaits. If under paragraph 21 the Property is acquired by tender, Borrower's right to any insurance policies and proceeds resulting from dame to the Property prior to the acquisition shall pass to tender to the extent of the sums ucured by this Security Instrument immediately prior to the acquisition, 6. Preservation, Maintenance and Protection of the Property; Borrower's loan Application; Lsasrihtutdi. Botnieet shall ear destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on tea Property. Borrower shall be in default if any forfeiture action or proceeding, whether Civil or crin inert, is begun that is Lender's good faith edptent could result in forfeiture al the Property of otherwise matvuhfy impair the lien created by this Security Instrument or tender's security Interest. Borrower may cure such a default and reinstate, as provided in paagraph 18, by causing the aetien or proceeding to be d'wrissed with a ruling that. in tender's good faith deteminatioa, precludes forfeiture of the Borrower's interest in the Property or other material iii aunt ant of the Ben created by this Security Instrument or Lander's security interest. Borrower still also be in dafault if Borrower. during the loan application protess, pave materially lake or inasmate information or statements to Larder tot failed to provide Lender with any material information' in connection with the loan evidenced by the Note. It this Security Instrument is an a leasehold, Borrower shall amply with ell the provisions of the lease. If Borrower acquires fee title to the Property, the Itas°hold and the fee title shall not merge finless Lender agrees to the verger in writing. 7. Protection of Lender's Rights in the Property. 1f Borrower faits to perform the envenoms end agreements contained in this Security Instrrmment, or these is a legal proceeding that may significantly affect Lender's tights in the Property (such as a proceeding in banknrptey, probate, for condemnation or forfeiture at to enforce laws or regolatiarrsl. then Lender my do and pay for whatever is necessary to protect the riles of the Property and lender's rights in the Property. Lender's talons may include paying any sums seared by a Gen which has priority over this Security instrument. appearing in court, paying reasonable attorneys' fees and entering an tiro Property to make repairs. Although Lender may take action order flies paragraph 7, Lender does gas have to do so Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of 8orrer:et secured by this Security Instrtanent. Unless Borrower and tender agree to ether terns of payment, these amounts shall bear interest hem the date of disbursement at the Note rare and shall be payable, with interest upon notice from Lender to Borrower regoestine paytrent 8. Mortgage insurance. If Lender ragoired mortgage insurance as t condition of making the loan secured by this Security Instrument. Borrower shall pay the premiums required to maintain de mongage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or causes to be in effect, Borrower shallow the premuars required to Obtain coyerage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially egwvalent to the cost to Borrower al the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insarante toverape is not available. Borrower shall pay t0 Lender each month a snag purl to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance comic lapsed or ceased to be in effect. tender will secret use and retain these payments ass foss mare in lieu of monger insurance. Loss reserve payments may no longer be required, at the option of Lender. if mortgage insurance coverage On the amount and for the period that Lander requires' provided by an insurer approved by Lora again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance m effect, or to provide a loss reserve. until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. ea :ritiairg t acknew)en1e tills In page 3 ar 6 _ { et the Mortgage. Inmate Initreli ln4rets In114 II :.hen trim. re SIOle the am1N Hem hhi ITI RSt for ni*:mimeo hrows n •vn. tral, arf 14e •"t 2 1:7r1 e 18Z062157 3. inspectiun. Londe: at its agent may make reasonable reties upuu die; uuprCtm>o of irro i +ays+ir. id uEm i;4n gee nee env »uute at Li,r tiro of or prior to an inspection specifying reesontuc cause for the inspection. 10. Condemnation. The proceeds of any award or claim for aamages, urrect or consequential: In tonnetuon with any condemnation or parer taking of any part of the Property or lot conveyance in lieu of condtenneten. are hereby asmgned and shah be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the srnnx serured by this Secnnty tegument, v. `ether or not then doe. with any excess pad to Borrower. In the event of a partial taking of the Property m which the tau market value of the Property rmmedretefy before the taking is equal to or greater than the amount of the SOOTS secured by this Security testament immediately before the tame, unless Borrowet and lender otherwise agree in writing, the sums secured by this Securrty Instrument shall be reduced by the amount of the proceeds multiplied by the fo'Imnng fraction: lel the total amount of the sums secured inenedietety before the taking, divided by lb) the fait market value of the Property threnodies* betas the taking. Any balance shall be paid to Borrower. In the event a1 a partial taking of tba Property rn which the fan market value of the Property immediately before the taking is Less than the amount of the suns secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, rho proceeds shalt be applied to the STIRS secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offers to make an award or settle a dawn for damages, Borrower fags to respond to Lender within 20 days after the dam the notice is given. Lender is authotited to collect and apply the proceeds, at its option. either to restoration at repair of the Prcpsny or to the sums seared by this Security instrument. whether or rot then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to prineipat shag not extend cur postpone the due date of the rnnnthty payments referred min paragraphs 1 and 2 or change the amount of such payments. t t. Borrower Not Released: Forboaranca By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrtment granted by Lender to any successor in interest of Bonower shall not operate to release the liability of the original Borrower or Borrower's successors m interest. Lander shad not be required to eminence proceedings against any successor in interest or refuse to atend time for payment or otherwise nradlfy amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower Or Borrower's successors in interest Any forbearance by Lender in exercising any right et ternedy shall not et a waiver of or preclude the exercise of arty right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co -signets. The cm•Br ants and agreenmts of thrs Security Insncerra shall bind and benefit the successors and assigns of Lander and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreenants shall be joint end several. Any Borrower who co-signs this Security Instrument but does not execute the Note: la) is m eignrng this Security lttstrrarent only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security instrument; Et) is nut personally obligated to pay the sums warred by this Security Instrument; and lc) agrees that Lender and any other Borrower may agree to extend. codify, forbear or make any accommodations with regard to the tetras of this Security iistrrortent or the Note wittout that Borrower's meant.. 13. lean Charges. If the lean secured by this Security tnstnnnenl is subject to a law which sets maxima loan Charges, and that law is finally interpreted so that the interest or other loan charges collected or to be cattected in c:nee:nen with the Leen exceed the permitted limits, then: (e) any such loan charge shell be taduced by the amount necessary to reduce the charge to the penritted iistit: and lb) any sums already tothclad tram Borrower elat exceeded permitted limits wit he rebanded to Borrower. Lender may cheese to make this reivad by reducing the principal awed under the Nole or by making a direct payment to Borrower, If a rewind ttdu_ce: emiratl, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any nonce to Borrower provided for in tins Security Instrument shad ba given by delivering it or by ma ding wit by first class mail unless applicable taw requires use of another method. fie notice shall be denoted to the Property Address or any other address Borrower designate by relics to Lender. Any notice to Lender shall be given by fiat class man to Lenders address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Insinartent shag be deemed to have hese ghat to Borrower or Larder when given as provided in thins paragraph. 15. Gave ming Law: Severabilty. This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. in the event that any provision or clause of lids Security instrument at the Nato ccofticts with a^rp!isuae hay, set cce..1Bct teal* wit elfert other provisions of this Security hutment or the dote which can be. given effect without the conflicting provision. To this end the provisions or this Security Instrument and the hare are declared to be seroraile. IB. Borrower's Copy. Banner she!) be gees one cof orrr._d trey of the Note and of this Secamy lnstrumenl. i rev:rnrahng, r acknowledge this is pane 4 or 6 of the mortgage Cate'f' " earl ',.: •{Ya •r.i,ars tr,reak Minas Inmate em:r't,gi•5•i:r •.aternft 1 RECOff. t 8ZOVt cL 158 17. Treater of the Property era Buwftciel Interest in 8eerower. If all or any pet at the Property or Noy interest in it is said or transferred ter if a bcnef,ciai mtelest n Belcher u saki or transferred ar:d EtarrotvU s r:ot a -atutat cerscm! to,'es> the Note sh^ors th;it Bcrrcnu ; i s assumable. Lender may. at its option. sequire nirrediate payrrrcn; In full of c:i:urns :Kure a by ties Security 1nm-rent. He.terz-, tc s cation ch t rat be uarcised Cy lender if exercise is protibited by federal law as of the date of this Security instrucenL 1f the Nova shows !tat Borrower's Inn 1s assumable, Borrower must obtain Lender's written permission tor an assumption and follow any other requirements ai lender rNatsd to an assumption if Borrower does not do so, Lender may require rnsrvdiare payment in full of all sums secured by this Security Inttrurner,r. It lender exercises this option, Lerida shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days hem Mt date the notice is delivered or mailed within which Borrower rust pay all suns secured by this Secwity Instrument If Bor, wen loins to pay these sums prior to the expiration of this period. lender may invoke any remedies permitted by this Security lmnunent without further notice on demand on Borrower_ 18. Borrower's Right to Reinstate. If Barrowar meets certain conditrons, 8orrcwer shall have the right to have enforcunent of this Security Instrument discontinued at any time prior to the earlier cf: (al 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained m this Steohty instrument: or Ibi entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (al pays Lender all sutra which then would be due under Ibis Security Instrument and the Hots as if no acceteratmn had occurred; Ib1 auras any default of any other covenants or agreements; to) pays all expenses Marred in enforcing this Security Instrtanent, including, but not limited to, reasonable attorneys fees: and WI takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Propety and Borrower's obligation to pay the sums seared by this Security Instrument shag continue unchanged. Upon remsfel mint by Borrower_ this Security instrument end the obligations secured hereby shag remain fully effective as if no acceleration had occurred. Noweeer, this right to reinstate shall not apptyin the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Sxurity Instrument) may he sold one or more tirres without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Serviter) that collects monthly payments due under the Nate and this Security instrument. Thera also may be one or more changes of the than Servicer unrelated to a sale of the Note. if there is a change of the Loan Servicar, Borrower will be given written entire of the change in accordance with paragraph 14 above and appicable law. The nonce wig state tee name and address of flea new Loan Utica,. and the address to which payments should be made. The notice will arse contain any other information requited try applicable law, 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage. err release of any hazardous Substances on or in the Property. Borrower shall not de, nor allow anyone else to do, anything affecting the Property that is in violation el any Environmental Law. The preceding two sentences shall net apply to the presence, use, err storage on the Property of smell quantities of Hazardous Substances that are generally recognited to be appropriate 0 normal residential uses and to mainteiaate of thin Property. Borrower shell promptly gin Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental law of which Borrower has actual knowledge. If Borrower learns, or is notified by army governwental or regulatory authority, mat any removal at other renediafnttt of any Hazardous Substance affe,:tieg the Property is netwsary, Borrower strati promptly take ail necessary remedied actions bi accordance with Emiromenta( Law. As used in this paragraph 20, "Hazardous Substances are those substances Wired esteem or hazardous substances by Environmental Law and the fallowing substances: gespbne kerosene, other flammable or tenie petrnieum predeets, toxic pesticides and herbicides, yolapk solvents, matanals coataining asbestos or fornnddebyde, and radioactive materials. As used in this paragraph 20, 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or emacameotol protection. 21. Aecelaration; Remedies tender shall give notice to Borrower prior to acceleration following Borrower's breech of any covenant or sgraamant in this Security Instrument ibut not prior to acceleration under paragreph 17 unless applicable law provides otherwise). The notice shell saanity lel the default! Rd the action required to cure the delimit; (c) a date: at less than 30 days from the data the notice is given !Dilemma', by which the default must be cared; and id) that failure to care the default an err before the date specified in the notice may resultin'eeeiaration of the sums secured by this Security Instrument, foreeiosure by judicial proceeding, and sale of the Property. The notice shill further inform Borrower of the right ter reinstate after acceleration end the right to assert in the foteelesure peseasi'rag the non-existence at a default or any other defense of Borrower to ac;oloretion and fare:tosure. If the default is not peed on or before the date specified in the notice, Lender at its option may require immediate payment in full of ell sums secured by this Security instrument without further demand and may foreclose this Security instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, inuiuding, but not Limited to. reatenable annoys' fees and vests of title evidence. By ,niratmg, t acknowledge 1ms t5 page 5 of 6 of the Mortgage. r+rl'94 ty.ae. ttrar, :. '463.'[H 11{Y II" (11S 03111t0 Pare 606 IMGatt 1n11,als Ir,italS InihaIs :roams z.e.a s 41-ar:a3 e.7 Y5ti:_ t„Ste Si s'tS 182R6E159 22. Release. Upon payment of all sums secured by the Security lnstnmenL Lender shalt Wean this Security Instrument without charge to RnrrnW'!r, enirm!n eMia pry eiwy rerntrr!tinn rmtre 23. Attorneys' Feu. As ..se:tt.s Se:.rlty LsuWne, t ar:d nle Note .attcreys' foo ; .a r..c.c,;a ary attarnits reel aaa' K i .r' a:oe:;sta hurt. 24. BY SIGNING BEIOW, Borrower accepts and agrees to the terms and cowants contained in pages 1 through 6 of this Security Instrument and in any riderls) executed by Borrower and recorded with it. Signed. sealed and delivered in the presence of: (6/ice./tL.// ( 2 ;rv{�?(Seal} Emma Mar tin�P esidentnewer; ie Prestige Suet (Seal) -Borrower STATE OF FLORIDA. COUNTY OF (Seal -Borrower The foregoing instrument was a:knawledged before me this by Emma Martin r lwte of pima tonnie:yml who is personally known tome or who has produced My Cetrrrisson expirez ►Seel) p -O..JGn e,•.-"C at .10 •;.i:.:A_..., W iwlY G>.+-- PLLKOV res WAVEY Rt1VIN June 30, 1998 twos et kiwi,itulant Oar (Seal) •..orrower (Sea:) -Borrower !Seal! -Borrower es idennhoation. N6tary Pn5Ye This instrument wan prepared y: Anne t te Re i d Atter re:ording return to: OceanMark Bank, F.S.B. 3845 N.E. 163rd Street At. Miami Beach, FL 33160 ,-rtfes. .C• S1rra, !fix : t!I .11t1:5 PtJn lli P..0414 L. ;srrn Snr t .Y !,0 PSI i572 1•. 61t, St! -6�P itE1820tr2154 R :18300(0137 98R493356 1995 OCT 07 13:00 98R3 i i239 Maim ♦eon,. Ma tna got MtnOry Deal coRRECTIVE MORTGAGE THIS MORTGAGE rSamrity kamerlwlti is given on June 30, 1998 The mortgagor isNSWEILINICOUNIMMINSZ PRESTIGE ENTERPRISE , INC., A Florida Corporation, whose (-Borrower). This Saearitybsmummisgiaeate address is 1302 N.W. 54th Street, Miami, FL 33142 OCENNOMT RANK, s.s.s. which is organized de king wider the lams of the United $totea of America , and whose address is 3845 11.31. 163rd Street, North Miami Beach, Florida 33160 Minkel. Borrower owes Lander the principal sun of cos HUaram rrrrr THOUSAND aeib 00 / 100 Dolar:WS.$ 150,000.00 i. This debt is eeidenleid by Barravnr's note. consume ban agreement or similar writing dated the same data as this Securty "strums." (Tema% which midst for ram* swans, ss, with the fall debt if not paid sari n due and parable on Demand . This Secrity hnstruous suns to Lender: W dr repaytnswubf the debt asidasid by Me Nct , with Emmet and all renewals, utensions and modifications of the Net M idea pyaret of d other mini with nerast lessen ender paragraph 7 to protect the security of ties Security hrsmnnent and fen the performing of Panwner's awmnts and egraements under this Security instrument and the Ncls For this purpose, Borrower dogs hereby mortgage. FM and aewr to brats blowing descriied property located it Dade County. Fheridr Lots 1,2, and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 43, of the Public Records of Dade County Florida. Folio Number 01-3123-012-0240 THIS CORRECTIVE MORTGAGE IS BEING RE —EXECUTED AND RE —RECORDED TO IDENTIFY THE PROPER NAME OF THE MORTGAGOR. trledlhootfasldressof 1302 NW 54th Street anew Ronde 33142 ire OdeI rProperty Addreu"t xi and EMI TOGETHER WTI' al the imprewmwRs now or herafter aracnd on the property, and al asamentt appu<tinanca, and futures now ar hereafter a part Of then Fugal. AI rapiacarmets and additions shell who to corned by this Scatty hutnmrnt. AM of tts foregoing is rsfirred to in this Security Moline as the Troparty.' 8y iNdaYrp, I acknowledge this is papa 1 of 6 of the Mortgage. Intials Initials Initials Initials 0 awMaCoolgos va did cm use nnulti141 /ell{M ti1•I Taaf—lasts T, err: tr tm•M•ebn h ale•asatees L.1 �j 7 t. 11:1820612155 Iftit33:1411j138 BIER COYEMANTS That Borrows is loftily mind of in astm hanky conveyed and hu the right to mortpapa, grant and convey tM Pro dirty and that the Property is oaanemrhernd.,Wept its ex rdia n of record Borrow, warrants and will defend ganaralty the title to the Property against all *airs old d rnanci , abject to any ancrarbranws of record Barrows and lode connant and agree as follows 1. Papaw* of Procipd and Interest Prepyweet wad Late Charles. Borrow, shall ptorrptly pay when the the principaf cf and mterest on la doh widorroed by the Nate and any priors* and lea Barges duo undue the Note. 2. Feada Or Tap and Inagragge. At La cia's repast and ak act to applicable law. Borrows shall pay to Lender on the day monthly payments are doe order to Moto, *MI the lists is paid in fat, a gum rheas, for: lal wady tamp and >aesanna which may attain priority oar this Security katrorw id pain on the Property; lh) thinly lasa.hald paymmts u guard Watts or the Property, if or id yerN ttaird or property iawrnw amino $ yearly food inuring oration. if any; NI yearhy trangaape hart, p ream. if any; and ifl any sums payable by Borrows te Lender. in accord., with de provisions of paragraph ti, m kern of din paymam of swops insurance puritans. Than none am cared 'Escrow hears.' Lander may, at any tine. mar and hold Fords in an arrant not to alma! th■ muisan neon a Irder for a federally related nnrtgaga mar may moire fer Borrewr's asuow moot under the federal Real Elam Settlement Nachos Act of 1974 as amended from too to tithe. 12 U.S.C. 42601 at seq. I'RESPA'L wins wear applicable law that miss to the FM* sou a Isar ,seam. If so, Lrnda may, at any lima, collect and hold Funds in an met mat to ascot to lessor amount Liar say Minute ate amount of Funds dug on the basis at arrant data Ind reasonable estimates of (tpnibss of More Boom hems or otwrwise in 'madam tenth appkabo law. Tim Fords *al be held in an imitation alma damns are Muni by a f%daal agency, instrumentality. or amity bnduhfiig Lards. if Wear is such m eethttiam) or in my Federal Hama Loan Beak. lands ghat apply to Funds to pay the Escrow hate. Leda may nat Margo Borrower for holing and apPsing tar Finds. away BOOK tla snow scant r vrifyir the Escrow Now lea Lando pays Borrower intrust on the Fated and *piano iw omits Imam to asks seek a clop. dowser. Lando may main antrum to pay a ore -titre charge for an imdepancent tail oats tam reportng mania and by Lindy in complice rich this oast rheas applicable law provides otherwise. Uihaa n agrenant is made or applicable ins thine MOM le is paid. Lahr Mal ,tat le minim.Is pry /stern any insrat or pnirgs on de Funds. Borrows end Lads may are in wit* Mower. that interest sell be paid on to Fads. Lander sled pus to Barrow, without Marge, an usual aaomtieg of the Folds, showing wafts and d igs a to Wards an the purpose for *id aide dant to tie Fads was meal,. The Funds are pledged a additional secant far al vets scored by this Ssaary hutment If the Fans add by Loner woad the ,nulls pemiitad to be held by ,sealable haw. Land. shad =twa t to Borrower for the amp Fund e ocar.erca with to taquimrnests of eppicable law. M the amens of the Foods Mid by Lards at any time is not sufficient to pay tier Escrow Moss when alwo, todw army se minify Borrow in writing, and, he soh tam Borneo steal pay te Lander to woad reco any to mate up the deficiency. Borrower sal ache ay the degdpq inn mere that Maim monthly pryna m% at Laodr's gob Wacrotn. Ups papwt e Y gf al sons setaed by Via SseaiIy anima hit, Ionia del prnaydy mark to Bomar so finds Ladd by taadr. M, uhdr pmgrapb 21. Las* shad mogiaa r sal the Prupurty, Lahr, aior to din aepesidcn or sale of the Protpsty, shall apply any Fends hold by Lot* set the Wm of saeatoe r sale es a merit against ale sem soared by this Searity hssnaaunt i Appiksbiw at Paynontw Unite apical* Law provides otherwise, all moots recalled by Larder wide paragraphs 1 and 2 nail be mist first to any pnpsymait canes h0s uadr the Nott atconk, to mounts payable aandr paragraph 2; third, to inmost dor firth, to principal ttoK teak lit, to arry ba dwgts tee under the lots. 4. Cbwg eve Unea. Borrow shall pay el was. aamr ortu, .Maws, fees tad irgtsitions attributable to tie Proprty which may attain priority am this Sonority betrwart an loesdeid payments or ground mott, if any. Borrows dud pay these obligation in the manor provided is pr.Raph 2. r i eat pid in that arena, Bonnier sell pay then n tam oireedy to de prom owed payment Borroer shah prmgty furnish to Lanka al retro of awards to be paid ulna this paragraph. M Bomar makes those payreaots dradiy. &rimy shad pomptiy knish is Lady snipes lei iaeerea rive pMr Pow sal prapty Qrtterga wry lac which hag priority over this Security *stormed mks: Barroom la) agrees in writip to to wart tt of the ebigatiee nand by iM fen II a mom w w1abo tt larder; Lb) coasts* peed firth to ion by, Or (Oaks molest arfananrat of to In ist Opt preogdeoe mdmil a de tandds s mn opine to premnt the eferamst of the Gm or k) muss from tie holds of the Wm n ogrwollwl saisfaciay to Lair siydroatog We ben to this Sinmty lestoment. M Lind* diterniim that any port of the Property is saab}ct tea in which aver atilt priority ow his Security bntsraant. Laadr may Os Borrower a optics idarhtifyiq the fan. Borrower shall satisfy the lira a take one or MI of *carbon at tank above within 10 days of the p*mg of reties By mimeo, t aetrowied4e this is papa 2 of 6 of the Ma1peas. enitiab Initials Initials Irutial1 • O 7. O Mt.1113. l. IYI T, the r/ spa Ma622 i�t11F6t1tM 182156 t1ri-_ /F, 4M 139 S. Kurd or hspeny Mwraau. Borrower shall kssp th vrpromwnts now onto or hereafter wetted on the Property rand against toss by tin. heads included within the tuna 'manta comp' ad any otter bawds, inducing floods or flooding. tor which Lando requires inarwres. This inert shed be memorial in the we: is end to th periods that Larder requires The roes ce carer presiding the imarana shad be chosen by Borrower subject m Ladr's approve which shad not be uhrwsaably withheld. If Barone fads to mantam coveags described above. Ludo nay. ut Lender's option, obtain coverage to =eruct Larder's highs in to Property in accoreams with pray 7. All innate policies and rowan shad be acesptabls to Undo and shall include a standard mortgage clause. Lrrt 1 shall have the right to hold the policies and renewals. Of Larder wires. Borrow shad promptly per to Lando al tempts of pad premiums and raeewa notices In the event of Tess, Barrows shad give prompt notice to this insure= carrier and lender. tenor may mots proof of lass if not grade promptly by Borrows:. Udm herds and Borrows otherwise are n writing insnrao s proceeds shad be applied to restoration of repair of the Propmy dams* if the rastontiae or repair is eeorromicaly fusible and Larder's comity is not lessened. If the restoration or nor is not econo icady fusible or Lndoes sscunty would be lettered, the inerrant proceeds shad be sand to the rum seared by this Sorority Insnuront. whether Or rat the due. wide any mess paid to Barrow. 1f Borrow: shandms to Property. or noes not emus within 30 days a notice from Lords that the mostcurie: has offend to settle o clairtt, than Lando mty collect the innards prxuds. Ludo may toe the proraods to repair or restate the Property a to pay sum seared by this Security iotunont. whether or not ten des. The 30 d.y period void begin what the notes is given. lidoss Lando and Bonny otherwise agree m wntaq any application of proceeds to phi cipal shad not eitnd or postpone toe dew date at to mo tdy paytowts referred to in paragraphs 1 and 2 or charge the noun of tie parrots. If ender paragraph 21 the Property is oven by ludo. Borrower's tight to any irmraeea policies and monads reattirg from damage to the Property prior to Her accuintion elan pass to tender to to agent oI to scorn anted by this Security Instrtattnt ktsedatdy poor to to acquisition t Pruurtati.R Maietowana and Protection of the Property: Borrower's Len Application: Las eholds. Borrower Mali not destroy, trap or ilea: the Prop: y, slaw to Property to detreraw. or mutt rests on tat Property. Borrows :!haft be in defadt if ny forfeit= action or prancing, wlsdw 13d r neat is beam that in lstnder's good faith judy}twnt could rasrdt in forfeit= of ter Property of atomism retacisly ingair floe in creed by this Secuity bnstnannt or Lwies wcunty ineratt Boners 'nay con such a defeat sod raiatm. as prouidad it paragraph 111. by nauing t e amen or prensdiq to be dismissed with a niig that, in tinder's good faith d eminstion. precludes forfinm of the Bonuses imscsst n Me Rwrty r odor meant inpannort of tle het mend by tea Unity hnstnatrnt or Undoes sscurety interest. Borrows shaft also bee defeat if Burmese, dung to Fan application process. per roseroly false a iracnrata information or summon to Lands for failed to provide Linder with any wisteria informant! in comact= with the loan sridnced by the Note. If this Sec city batrunrht is on a leasehold, Borrow shad comply with aft the provisions of to forest. If Bonnier amities far Mato the Property, the bated and the fee the shah not corps artless Lander won to the rope n waiting. 7. Prsttctiee of Lender's Bights in tie Property. If Borrow Mies to perfero to nunauts and sum ants contained n this Security hssaosart or there is a legal pronninp that nay:Oilcandy affect Landers rights an to Property lards ss a pea medr g in bankruptcy. probate. for condoners or ?orbit or fa antra laws a rep. ati est du Linda may do and pay for whom is nrxtay to trotect tit vale of the Property acid Lanes oats in ter Prop ily. Lin o's actions may indudo pyig any awe second by s lit: whine has priority over Ira Sanity Ninon appowhig le most, payrg ressmtbir Morays' foes obi movie n to Property to mac repairs Ana* Lends may take min and. tis war* 7. Lwrdw dos not haw In do so. Any amass fisbiaud by Leardr under this pore¢apb 7 that hemnna additional den of Borrower sound by this Security bist ommt. Urieu Borrower snl tide some to star terns of parrent. these aunts Thad bear intend from ore tam of fobs:mart at to Note nor Ord MIA be payable, with norm upon notice from Lender to Borrows ra pastng payment. R Mrhgs hwerasee. If Linde ramrod norm* insurance an a cendition of fluting the loan second by his Security ktstrunen . Borrow :del psy the purism main to mortis the new Omura in taut. if, tar wry :wm to mortgage omraxs ebwrapa round by Ludt tapes or armor to be is Woe, Beroerr steal pay th primers nut* to obtain towns srbstrrtiah sainem to the runup n mars pnrieely 1a effect at a oast substrniiy aosiraiom to the cast to Bourn of toes mortgage norm previously in etct, tram an Menus mural intro apprnsd by tandr. If substantially equailint nnrtgaps innate comma is not oraiahle. Borrow stall pay to LaMar act month a stag equal to owa-tswi D of the yearly mortgage iosrnp protium ten pod by Borrow whin the Marina cowrags lapsed or cued to be in aftect Land: WI eecopt, use d retain tires mints as a loss racers n in of nuttgspe irstruce, lass room paammts nay re brow be ngaat a the open of Lowder, it nortpgs ears= coverage in the swam and for the period that Landes nano provided by an inane awned by tondo again bscontn anises and is obtained. Barroom shag pay the Winsrewired to maintain mortgage noun is effect. or to provide a loss reserve. until tee rwghir meet far mortgage iewraiacs ands in anordaroa with any written agreement betwaoa Borrower nd lender Of eppdinte law. Sy mi0ahrg. I acknowledge thus n page 3 of B of the Mortgage. Irntlals Iritiars lotted 4rtiale O Comp eo moSomat rw1INK :NI rum111r13 7larlIII hp:r1 UNION» r. 1. War 1161.61511 1a 111.N1 lea r.18208121 57 °". 18304r0 140 L lamottiee Linder cc its apt nay costs rwsanabie entries upon and iuspsctans of de Property. Lode shag pre Borrow mica at the Moo of or prim to et impaction spediy* raasaable muse for the irrpacoon. 11 Caoakewudsa The prows of wry sward or darn for droops, duct or consequential. it connection with any conch riatma or other tamp of any part of the Property. or tor conveyance in ling of condrmatiaa am hereby assiprod and shag be pad to Ionic In the event of a tee taking of to Property. the ptousds shag bi aided to the suds seared by this Security kutrutent, whether or not thin due. with any excess pad to Borrower. In the rent of a partial taboo of the Property in which is fair rnrtE vale of the Property etredietely before the taking is equal to or petite than to rout of We stets second by this Security katnarrrt iarrdatly befon the taking. Was Borrower and Lander otherwise ape in write, the sums squad by this Security bstrsnrnt shag be raduad by the amount of th proceeds nullified by the blowing fraction fa) due total rtmtat of the ere s«hnd in vielately before the taking, drilled by lb) We taw marks rape of t e Property ernedateiy bare the *king. Any boleti deg be paid to Borrower. b the event of a partial taking of the Property n which Its fair make rake of the Property nowise* before the taking is less than the went of the tart rased Irmo:iotaly befon the tang. unless Barrows and Larder otfrrw a ogres n writing or Wass appicohfe taw odwwisn provides the proceeds shall be applied to the stars secured by this Security Irutrwhent whether or not the urns aro tun due. ff the Property is abash ed by Brrowr. or if, after notice by Lander to Borrower that no condwmor offers to ante an awrd or souls a claim for damages. Borman« fat to mooed te lode *Rhin 30 days iftw the dot the notice is pen. Linder is euttrnred to collect and apply the oroaeds. at its option. Either to steelier or raper of to Property of to the sure saved by this Security kstnarwnt. whether or not tern due. Unless Lander d Bomar« ethrwise pew in writing, wry apptcatns of proceeds to principol shall not gnat or postern the due date of the monthly paynunft mimed to in prapnphs 1 and 2 or change the treat of such payments. 11. knew lot Belasrnk Ferhearaaee fly Lewin fact a Weyer. Estrsaioa of the tits for payment or modficanoa of uortiratioe of the suss seared by this Soo* k** mo pealed by Ueda to any saxwsoi n knew of Borrower shag not operate to rdww the Iiaabiiity of the original Berme* w Bowsaw's unmoor: is Most. Let* shelf tat be mired to comma proclaims against any sacasss n intern or rein to wind Me ter gym it « otureise httaify amortization of the sums second by this Sanuity tsutrrent by mason of any demand made by the original Borrower or Borrower's atast S= n lent. Arty toilsur. by Weir in etaroetep any rice or namely thee not he a waiver of or predhte tie exercise of ay rigiit or moody. 12. Seecesura ad Assign Best Jaiat ad Several Liability; Co.sipwt. The contents and apreem ants of this Security *summit drat bind pod betas to sshtxmom and lesions of Lands and Borrower. subject to tie provisions of pompon 17. Borrowers comma and apreemetts dial he joint and anent Any Barrow« When -VIM this Security btsinener t but does rut emcee tha Nott Isl is co -sires cis Security hutment ally to rampage, prset ell asnwsy that Bermes otenst n the Property under to terns of this Security Instrument gal is not personally ableatad to pay the sups setarad by las Scanty Inenamnt: end Ic1 agrees the Ueda and any otter Borrower may gm to citet modify. forbear or treks any amnneddom with aped to to tend chit Setuity tatruor t or to Nan withal that Baresehrs met. 13. Lae Cuomo. If the ben soared by this Severity humane is abject to a law which sets m emo ban dupes. and that 4w is fatally indrpaeled cue that to tress or sttr bet Surges alsced or to be coined in mambo with Ms loon mud is part ilbd hmiit the¢ W cry Nett lean deem Sul be mined by to smut anassary to radon the dam tote permitted high and it any suns already miscue from Borrow elide model witted WO will by mended to Swayer. Larder may choose to male this refuel by mincing de principal and r.dr to Noon or by nuking a tint paynant Is Berrowr. If a refund reduces principal, the redaction will be treated 'martial prtial ornament without any eapaynant chap liter to Nets 14. Mtiia< Any trtia to Borrow« proridod tor in this Society ty tutnrttmt shoe be girth by debuting it or by nsiirg it by first mass owl Was applicable low requites no of outer method The rota dial be dractod tots Property Address or any other address Bonier designates by notice to Later. An nodes to larder slag be Wiest by fist doss root to tender's address stated her* or any other address Lode desptaus by notice tr peewee. Andy notice trended ter it this Sea^ty tent Ct tug be trance1 taro `roar given to Barrows or Lwrdar when ern as provided in this Pm¢� 11 Beursieg Lair, Seweraleilty. This Security txtnrnset shag bar errand by *Oral law end the law of the jttrisdictior in which the Proem is bcata la the arse tat wry prosiest or data of this Security Irhstrment or the Non conics with medicable law, such antra shall not affect atm prevision of this laseity Imewo at or tits Not which net be Sven effect without the conflicting provision. To this end the tonsure of this Security cerement ref to Nee are declared to be tarerabk 1L ierruwees Cepy. Bercorrar that begirrh cue conformed copy of the time and of this Security fnsttsarend By initialing, t acknowledge this is page 4 of 8 of the Mortgage. o ro.gsra.wn• ha 013. net has ern h1IRl3 1111111 ill Ns .11 hnmalc hnmahs ntuhs c.n..soma. W}hw ntec,w 118304TIO141 12. Trader of 1M Prepittr w e iaa5eir Inanat is iertsew. H a1 u my port of tta Progeny a wry interwar in it a said or trrsfrred it if a beneffiel i terdst is know is mid or tramfsrred ad Borrower is not s natural pars* unless the Now slaws that Borrora's ban a smtnal. Liar my, at its optiat req be nrndtate payment in tint of a1 awns seared by this $sanity bntnir% bower. ors optics shall not M ennead by Loin if mrci» is ptwhiiad by federal law as of the daft of this Saasity Into e% tf tta Now stags that Borrower's lean is atsorsabbu. Bonner wad obtain ladar's writtam parmibioa fat an asstnption end follow way other requren ants of Lender related to an sorption. It Borrower dam net do so, Lander mry rewire imbibe paymrtt is full of all wars maned by this Security hutment. B Later socisa tfis foie. Lander seal pee Bonowr notice of accairation. The notice shah probe a period of not less than 30 days from the date is eotirst is delivered a "kiwi Otis which Borrower must pay IN suns awed by that Security bstnsrant If Borrower faits to pay rinse sans prier to the,spramn of this priori Lrtdr may mobs any roadies pe metad by this Suarity Instrument without further notice or demand an knower. 111. Uwtawr's Bight t oeisats.. If Borrower mats certain bedroom Borrower slaty dahatthe right to hard anforrnsnt of this Security homerlr t re, wed at any Wm pier to prier la at 5 days such stir pried as spoke* no specify 1st nensaansntl Wore sale of tM Property point t to awry poor of sale brained in this S.carity ksmusot or Col entry of a juwdgtrwm mntsrant this Security bntru am. Than maths is fat Borrower: W pays Lander r arm which den would Mt dad odr this Sanity btstrmrm and the haw as if no acaeratioa hod buret dal taros any detail of wry otter cone s Or senwnnts: id pm mg tsprtvs donned in utdat5np iris Security ins -Meant. inducing, but not (mind tan, raeonabb attarert fees: ate Id) takes such idiot as Linder may rums* noire to assure that the ion of this Security burins% Landr's tpha in cis Property rid Barrows obligation to pay the sirs boned by this Security Inst nnnt shall continue trtchenged. Upon rdiwsaarwrU by Borrower. this Security i slangs and the obligations band hereby steal =nit fully Active es if no acceleration hod occurred. Header. this apt to reinstate shall not ally in tta case of arc aeration war paragraph 17. IA S.Y of iolp Chop sf teen Serener. The Now or a rani/ rowan in the Noa *ohm with this Security Instnnanq no be sold au a tune teuw mit a% prior aomn te Borrower. A sails my result in a change in tea entity (known as tea 'Lew Sonar) that edicts monody payments duo odor the Nei and this Security lastruaats. Then also may be one or on biros of di Loan Swim ureetad to a solo of the Notes. N than is a chomps of to ism Somc% Barrow set M jra wino notice of the change in beards= wide prapaph 14 aiar, aid applicable taw. The notice wni saw the erns and address of the raw Loa Serrier and the address to which payments should be node. The flora wit also contain any otter itforrnfirt obi* by Mkt* Iiw. 21 Nwhinge Sinew s& BOrrorr slap net bias or permit der preama. ma. disposal storage. or ribs of any Hatardoss Sabsanca cm a a ibis Meaty. Bloomer slid not de, our dew aeyrn nee to do. o ni% of ardig der Property that is is abaci of any Entirsee s eetal Law. TLo pncsdng tom onto = slaty est apply to the prows, ua, r straps on the Propmty of aunty otsanntiw of Hazardous Substage that ate partly mewl* te be eppnpries Is mood m ilo* wan and a tmatrnerce of the Praparry. Beetroot step woody gin tsar writes notice of any investigation. claim. dimwit (await or tnhrr aetios by my povermiental r regulatory spay or piste pity wwfainl do Popery day Hazardous Substance or bwiranssrtd Law of which Barrow has anal knowledge. N Barrow homy is Gilled by wry gssrwetsl or mpdsary authority, that my removal re shear trsr0ariou of wry Hazardous Substance stoning the f}aprty a atanury, Barnum sled patptly tab, al nebular, nodal Miens is acatdance wide Environmental Law. As Min din prgrgb 21'No rden Sobmnne ore tittle eubstras defied as tic r hazardous emhstrKa by Ensirommintal Law and the faiswiap MO= pmtTso breoas. coda Nwwswbi r torte oversewn products. tmtic pesticides and herbicides. abbe savants. materials coolies rams r hmmiiii,ia, and n le ctise marssls. As used in this paragraph 20, 'Eswiortotual Law" means Laird Lens wed laws of *a ;.sister talon do Prroprty s lewtd that tuba to hod% safety or amireronal protrciion. 21. Aceeirwdis; -,media. Lawler shell Bioe meta to dorms prier te occeers ime fellow* Bermesr's beach ed awy tsamat or ell somat i Ids Saarft im rwwt at est pis a aeaenotfa afar paragraph 17 wins tsppiialM eve probes wtlurreoi. The odes Pei unify: ilk the daiaft el time soden required Is sae the deism% id I dam, art Las trim ]B days from the lea the oades is inn a wow, N Iwo Ike days* rat be axon and $ that fibre le cen to kart ea air Mara dm dote sp ctliod is de .sties say bah i asiwadem wf ter aware smarm' ti this Swrity bstruwsut frwalar, 4 Odd tressed% ad sin r pa prawn?. TM modem ,as- brier Wpm -unman d the right a reinstate star awirrtfw sod the right a abort is is *schwa pyasiaq the eowe ideas of s ifrit eat sus, leas iliac at Mrraar ee mrssiratio and lereeeoss. 11 the debit is not rated M w Mies sea data spsNel i the Mice. Lawler s ib qua way rooks b o.dlsie plywust a silt et M ass oars/ by this Sower hosusowt without fordo dewssd and my *Idea this Swale, lmma'sse.l a p/atal peessiq. Lair shall he sodded to idiot ad soma iaeerrsd i. presiug the em usi,a probed is this pow* 21. iwafoi.g, net sot limited w. ramble amens,:' fes rid costs of tide evidence. By typing. r aslmawiWpe this is page 5 of 5 of the Mortgage. n Irx]iab Irntial5 IMSats :mese O Canna ememeemaaa 1a►twL y1l m.tltwi/ wan IJa Wadi C.rmis*ma us. ry OA. CI aP1LU2 $e il.wlw. { c 1 a . 2Z Wart Opal wawa at al asa eland by ens Satiety Iwnrrrt tat* s1uU rdaase ttis Sonny htstnmwnt witho t tdrarca to ran *. tonawr sbal pay any nserd.don case ROWS, p l•.58 m0t42 Zi Atbrseys' Feet as wad in eis Sonority Saturant and tie ems'ettmroys' hws' sttell ile4{de any atttutryi tee awarded by an wan Mit 2t SEE ATTACHED PAGE FOR ACKNOWLEDGMENT OF MORTGAGOR. BY MOMS WAIF Barrow acaptt and warms to the tame tad ammo contained in paces 1 thr u 6 of this Security hutrmrtrt and in try ridaW ancvnd by Bsnasea and tweed with it. Aired. ailed and tietiwnd in t!r prom at O F:J'' .kEGLJCt N.V .(71 1A /1 12 C C ej hUlli MMViY 1..• E1sDsa Martin(P esid aw►ewr Prestige ISee0 ISa0 Benner -Bottum ISee1 Ru° -Borrower Atettower STATE OF FLOBIDA. COMITY OF Ile imp* iwawaad was eknoedsdpad Eden ae this by Emma Martin ae. N post ek...isipigl ab'spima* bum tanowwho Mspeeked L'1 Caeisom ter 1SNO Jrraa 30, 1991 The lautrotwaspnspadby: Annette Reid After manioc maa W OceanMark Bank, F.S.B. 3845 K.E. 163rd Street N. Miami Beach, FL 33160 O twttik..r r. AWOL Na msrmW awn ISM Pp.da corer.0 rw.a a .sore WYNra r.e.rri.w The foregoing instrument was acknowledged before me this poi' day of September1998, by EMMA LEE MARTIN, as President of PRESTIGE ENTERPRISE, INC., a Florida Corporation. on behalf of said corporation, who is personally known to meter who .-its produced as identification. � tl _ ,_ Nbtary Public is %;-' ARAT. POMPA ! Comm. Expiration Date: y !M Cd/d1110 If CC Me ' • ' ;;fi n?I!awn $ a14, rotCOmm. # ..t y o maid mpg lop foie tld orkm • • • • r f {8344/143 The loan secured by this lien was made under aUnited States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulations: a) When SBA is the holder of the Note, this document and all documents evidencing or securing this loan will be construed in accordance with federal law. b) Lender or SBA may use local or state procedures for purposes such as filing papers. recording documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state control. penalty. tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this loan. Any clause in this document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this instrument. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 though 7 of this Security Instrument and in any riders) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of A Ficla Corporation Name: i jlrn PRESTIGE ENTERPRISE. INC. // By: Emma Lee Martin,/President ►,, i- ' ' +- ' 1302 N. W. 5P Street Please Print or Type _ Miami, Florida 33142 • Name: Please Print or Type STATE OF FLORIDA COUNTY OF DADE •¢kajaor rl. ..ur wua" - • • -et=leo ve.ao.r NARVEY RUVI!ti c..rRrc OK. 4 ... • Page 7 of 7 'F. REt EX. 19903-33775 This instrument Prepared By and Return To: Ilene Temehin. Eeq. City Of Miami City Attorney's Office 444 S.W. 2''Avenue Miami, Florida 33130-1910 0 1R5085 19 2001 SEP 17 15:06 ASSIGNMENT OF LOANS, MORTGAGES AND LOAN DOCUMENTS THIS ASSIGNMENT OF LOANS, MORTGAGES AND LOAN DOCUMENTS is made this 17 day of August, 2001, by and between Miami Capital Development, Inc., a Florida corporation not for profit, whose post office address is Dupont Plaza Center, 300 Biscayne Boulevard Way, Suite 614, Miami, Florida 33131 ("Assignor"), and the City of Miami, Florida, a Florida municipal corporation, whose post office address is 444 S.W. 2id Avenue, Miami, Florida 33130 ("Assignee). RECITALS: A. Assignor has made certain loans secured by mortgages and/or certain other collateral and loan documents, as more particularly described in Exhibit A (the "Loans'). B. The promissory notes evidencing the Loans and the mortgages and other loan documents executed in connection therewith are herein referred to as the "Loan Documents". C. Assignor desires to sell and Assignee desires to purchase from Assignor, all of Assignor's interest in and to the Loans and the Loan Documents. AGREEMENT: NOW, THEREFORE, for and in consideration of the premises and covenants herein set forth, together with other good and valuable consideration, the receipt, validity, adequacy and sufficiency of which are hereby acknowledged and agreed, Assignor hereby sells, negotiates, grants, endorses, transfers, conveys, assigns and delivers to Assignee and its successors and/or assigns, all right, title, interest and benefit of Assignor in, to and under the Loans and the Loan Documents, and each and every obligation described therein , and all sums due and payable thereunder. This Assignment is intended to be an absolute, present assignment from Assignor to Assignee, without recourse, representation or warranty by the Assignor as to the enforceability of the Loan Documents except as provided hereinbelow. By accepting this Assignment, Assignee shall not assume any obligation or liability of Assignor created, existing, arising or accruing prior to the date of this Assignment, relating to the Loans and Loan Documents assigned hereby. r7J/ C • 7.ECex. f 9903:S3776 TO HAVE AND TO HOLD the same together with all rights, titles, interests, privileges, claims demands and equities now or hereafter exicring in connection therewith unto the Assignee and its successors and assigns forever. Assignor expressly waives and releases in favor of Assignee any and all rights that Assignor may now have or hereafter have to establish or enforce any lien or security interest securing payment of the indebtedness arising pursuant to the Loans and/or the Loan Documents. Assignor hereby directs that all payments hereafter due under the Loan Documents be made directly to Assignee at 444 S. W. 211° Avenue, Miami, Florida 33130, or such other address as Assignee pray hereafter designate in writing. Assignor hereby represents to Assignee that: (a) Assignor is the owner and holder of the Loans and the Loan Documents described in Exhibit "A" attached hereto; (b) Assignor has the full right and authority to assign the notes, mortgages and the other Loan Documents to Assignee; (c) the person or persons executing this Assignment on behalf of Assignor has or have, as the case may be, the power and authority to do so; and (d) the execution, delivery and performance of this Assignment by Assignor has been duly authorized by all requisite action and no consent of any other party is required in connection with this Assignment. In Witness Whereof, Assignor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the / 7 day 41i of , c/ i , 2001. / Signed, sealed and delivered in the presence of Print Name: la:0e x.tcrie' city.ass3.wpd i Page 2 MIAMI CAPITAL DEVELOPMENT, INC. Juan A. del Cerro, President ;.. eft'. (Corporate Seal) : ; . p W yL • Dlr. I9903?'3777 STATE OF FLORIDA ) ) § § COUNTY OF NIIAMI-DADE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, the foregoing document was acknowledged by Juan A. del Cerro, as President of Miami Capital Development, Inc. on behalf of said corporation. He is personally known to me or produced / '- as identification. WITNESS my hand and official seal in the County and State last aforesaid this 1 , day of Diu 5s� , 2001. SOCIO A 110DIUGUEZ Nt]r 1'MILESrAMCIILOWIDA COMMIEWON NO. OC NOM MY Q M ISSION AUG 11,2962 city.ass3.wpd ( - NOTARY P . LIC, State of Florida Page 3 c..EC 8K. 19903'v3778 EXHIBIT "A" MIAMI CAPITAL DEVELOPMENT. INC. BORROWER NAME LOAN NUMBER LOAN AMOUNT LOAN DATE RFCD MTG. INFORMATION PRESTIGE EN7ERRPRRISE,INC. 05006050E 75,000.00 11/07/1997 ORBOOK 17862 PG 2665 PRESTIGE ENTERPRISE,INC. 050060509 75,000.00 11/07/1997 ORBOOK 17862 PG 2865 PRESTIGE ENTERRPRISEJNC. 050060510 150,000.00 11/07/1997 ORBOOK 17862 PG 2865 THIS ASSIGNMENT INCLUDES ALL OTHER LOAN DOCUMENTS AND COLLATERAL IN CONNECTION WITH THIS LOAN(S). pNO„ NkcseooR OF pia fir' ce RECd1p vosetaD C1E1M CITY OF MIAMI, a Florida municipal corporation, Plaintiff~ v. PRESTIGE ENTERPRISE, INC., a dissolved corporation; EMMA MARTIN; FLEMING COMPANIES d/b/a FLEMING FOODS, INC., OCEANMARIC BANK, F.S.B.; STATE OF FLORIDA; NATIONAL GROCERIES DISTRIBUTORS, INC. Defendants. IN THE CIRCUIT COURT OF THE 1 I nr JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION CASE NO. 02 021 21 NOTICE OF LIS PENDENS CAI 5 TO: Defendants, PRESTIGE ENTERPRISE, INC., EMMA MARTIN; FLEMING COMPANIES d/b/a FLEMING FOODS, INC., OCEANMARK BANK, F.S.S.; STATE OF FLORIDA; NATIONAL GROCERIES DISTRIBUTORS, INC., and all those who it may concern: YOU ARE HEREBY NOTIFIED of the institution of this action by Plaintiff against you seeking to foreclose on the following property recorded in Miami•Dade County, Florida: Lots I, 2 and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 43 of the Public Records of Miami -Dade County, Florida, 41. ANI Dated this GI' day 2 Case No. Respectfully submitted, Alejandro Vilarello, City Attorney Maria 3. Santovenia, Assistant City Attorney Attorneys for Plaintiff Miami Riverside Center, Suite 945 444 S.W. 2'd Avenue Miami, Florida 33130-1910 Tel: (305) 416- 0 By:' Maria J. rttovenia Fla. Bar No. 801445 Recayso-v,.AcQ.1/4. RPCOOm wFtfseG HARVEY f UYAN NOTICE OF LIEN FOR WATER AND SEWER SERVICE FILED BY MIAMI-DADE WATER AND SEWER STATE OF FLORIDA ) PROPERTY OWNER: JOY ON FIRE MARTIAL ACADEMY INC COUNTY OF MIAMI-DADE ) ADDRESS:1302 NW 54TH ST DEPARTMENT ARTS FAMILY 11111111111111111111111111111111 I 1111 11111111 CFN 2005R1.176338 OR Bk 23753 F9 1706i (1t+a? RECORDED 11/14/2005 09:22:07 HARVEY RUVINr CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA LAST PAGE BEFORE ME, the undersigned authority, personally appeared the Manager of the Miami -Dade Water and Sewer Department who, being duly sworn, states that pursuant to the provisions of Sections 32-93 and 32-94 of the Code of Miami -Dade County, as amended, it is hereby certified that water and/or sewer service was furnished to the following described real property: PALM PARK AMD PB 7-43 LOTS 1-2-3 LESS N10FT FOR R/W BLK 2 LOT SIZE 150.000 X 90 OR 17863-1806 1197 1 COC 23564-3351 07 2005 4 and bills for this service in the amount of $352.22 have remained unpaid for at least 60 days after the past due date. These charges, along with late charges and interest accruing at the rate of 8% per annum, constitute a special assessment lien on the above described real property until the lien is satisfied by payment of all charges to the Miami - Dade Water and Sewer Department. Said lien is equal in rank and dignity with the liens of County ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against the subject real property. MARIA SANTA CRUZ, SPECIAL BILLING COLLECTIONS MANAGER MIAMI-DADE WATER AND SEWER DEPA ENT P.O. BOX 330316, MIAMI, FLORIDA 33233-0316 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foreg.'ng instrument was acknowledged before me this day of CRU • , �,� AGER, who is •ersonally known to me and who did not take an oath. ture of Notary Arbo na Name typed, printed or stamped -""""""" nuu[1 f 755 pig: Expires: May 13, 2007 BondDd Thru Atlantic BonAF,n Serial Number This instrument prepared by: MARCELINO MARTINEZ, LIEN UNIT SUPERVISOR MIAMI-DADE WATER AND SEWER DEPARTMENT P.O. BOX 330316, MIAMI, FLORIDA 33233-0316 Batch Number Premise Note ID Account Number Lien SA ID 004802 0649698344 1497137144 1497125643 Dt by MARIA SANTA Book23953/Page1706 CFN#20051176338 Page 1 of 1 FOREC OSUR IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 02-02121 CA (15) CITY OF MIAMI, a Florida municipal corporation. Plaintiff, vs. PRESTIGE ENTERPRISE, INC., a dissolved corporation, EMMA MARTIN, et al., Defendants. AGREED FINAL JUDGMENT IN FORECLOSURE Plaintiff's Motion for Final Judgment in Foreclosure came before me on this 30th day of May, 2007, and upon the Affidavits adduced before me, and being advised of agreement of counsel, it is hereby: ORDERED AND ADJUDGED as follows: 1. Due and legal service of process has been made upon all of the Defendants. Defaults have been entered against all Defendants who have not timely answered the Plaintiffs complaint and amended complaint. The Court has jurisdiction of the subject matter hereof and the parties hereto. The equities in this cause are with Plaintiff, CITY OF MIAMI and against defendants, Prestige Enterprise, Inc., Oceanmark Bank, F.S.B., the Federal Deposit Insurance Corporation as Receiver of Oceanmark Bank, the Federal Deposit Insurance Corporation in its corporate capacity, Fleming Companies, Inc., d/b/a Fleming Foods, Inc., the State of Florida, and National Groceries Distributors, Inc. Bk 25664 Pg 2467 CFN 20070550312 06/01/2007 12:18:53 Pg 1 of 5 Mia-Dade Cty, FL Case No: 02-02121 CA (15) 2. The Plaintiff is the owner and holder of the subject Notes, Mortgage and other Loan Documents as described in the Complaint and is entitled to foreclose its mortgage lien. 3. This Court finds, based upon the affidavits presented, that 89.5 hours were reasonably expended by Plaintiffs counsel and that an hourly rate of $175.00 per hour is a reasonable charge per hour. The Court finds that there are no reasons for either reduction or enhancement pursuant to Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), and the Court therefore awards reasonable attorney's fees of $15,662.50. 4. The mortgage sued upon by the Plaintiff in this cause is a valid lien upon the property hereinafter described and the said mortgage is in default as alleged in the Complaint. 5. There is due to the Plaintiff from Prestige Enterprise, Inc the following sums of money: a. Loan No.: 050060508 Principal Balance $55,967.21 Interest (5/30/00 — 5/31/07) $23,534.82 Late charges $5,945.21 Subtotal: $85,447.24 b. Loan No.: 050060509 Principal Balance $73,393.13 Interest (5/30/00 — 5/31/07) $30,849.01 Late charges $2.255.00 Subtotal: $106,497.14 c. Loan No.: 050060510 Principal Balance $147,704.47 Interest (5/30/00 —5/31/07) $62,084.43 Late charges $4,100.00 Subtotal: $213,888.90 d. Advances for Delinquent Property Taxes $53,114.11 -2- Bk 25664 Pg 2468 CFN 20070550312 06/01/2007 12:18:53 Pg 2 of 5 Mia-Dade Cty, FL Case No. 02-02121 CA (15) e. Foreclosure Costs S2,996.52 Filing Fees $225.00 Civil Copy Search 236.00 Service of Process 554.07 Title Searches 1,076.85 Court Reporter 151.10 Recording Fees 37.50 Guardian ad litem 650.00 Copies 66.00 SUBTOTAL 461,943.91 f. Attorney's fees S15,662.50 TOTAL $477,606.41 plus interest at the rate allowable by law per annum, from the date of this Judgment until paid, and any further sums in connection herewith. 6. A first lien is held by Plaintiff for the total sum determined above, plus interest thereon, which is superior in dignity to any right, title, interest or claim of the Defendants upon the mortgaged property herein foreclosed situate, lying and being in Miami, Dade County, Florida which property is described as follows: Lots 1, 2 and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 43 of the Public Records of Miami -Dade County, Florida. 7. If the total sums with interest at the rate prescribed by law and all costs of this action accruing subsequent to this judgment are not paid forthwith to Plaintiff or its attorney, the Clerk of this Court shall sell the property at public sale no earlier than 45 days from the date of this judgment on the day of , 2007 at 11:00 a.m. to the highest bidder for cash, except as set forth herein a 140 West Flagler Street, Room 908, Miami, Florida in accordance with Section 45.031, Florida Statutes, except the Clerk shall not conduct the sale unless Plaintiffs counsel or its representative -3- Bk 25664 Pg 2469 CFN 20070550312 06/01/2007 12:18:53 Pg 3 of 5 Mia-Dade Cty, FL Case No.: 02-02121 CA (15) is present to bid at the sale. Should Plaintiff wish to re -schedule the foreclosure sale, Plaintiff may do so by sending written notice to the foreclosure clerk, without the need for a court order, 8. If Plaintiff is not the successful bidder, purchaser shall pay the Clerk's fees and documentary stamps in addition to the bid amount. In addition thereto, said purchaser shall post with the Clerk a deposit equal to five percent (5%) of the final bid or $1,000.00 whichever is less. The deposit shall be applied to the sale price at the time of payment. If final payment is not made within the prescribed period, the Clerk shall re - advertise the sale as provided in this section and pay all costs of the sale from the deposit. Any remaining funds shall be applied toward the judgment. 9. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the Clerk if Plaintiff is not the purchaser of the property at the sale. If Plaintiff has advanced funds subsequent to its execution of its Affidavit of Costs for insurance, taxes, costs to secure the property or to payoff a superior lien or prior mortgage, the amount due the Plaintiff herein shall be increased by the amount of said advancements upon Plaintiff's counsel filing a certificate stating the date and amount of said advancement, without further order of the Court. If Plaintiff is the purchaser, the Clerk shall credit Plaintiff's bid with the total sum with interest and costs accruing subsequent to this judgment or such part of it as is necessary to pay the bid in full. 10. On filing the certificate of title, the Clerk shall distribute the proceeds of the sale, so far as they are sufficient, by paying: first, all the Plaintiffs costs; second, documentary stamps affixed to the certificate; third, Plaintiffs attorney's fees; fourth, the total sum due to Plaintiff less the items paid plus interest at the rate prescribed by law -4- Bk 25664 Pg 2470 CFN 20070550312 06/01/2007 12:18:53 Pg 4 of 5 Mia-Dade Cty, FL CaSe No.: 02-02121 CA (15) from this date to the date of the sale; and by retaining any amount pending the further order of this Court. 11. On filing the certificate of title Defendants and all persons claiming under or against them since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and the purchaser at the sale shall without delay be let into possession of the premises conveyed. 12. This Court retains jurisdiction of this cause for the purpose of making any and all further orders and judgments herein as may be necessary and appropriate including, without limitation, writs of possession and deficiency judgments. 13. Plaintiff shall be placed in immediate possession of the aforesaid premises. In the event the Defendants or current occupant fails to vacate said premises which is commonly known as 1302 N.W. 54th Street, Miami, Florida 33142 within eleven days of the date of the foreclosure sale as provided above, the Clerk of this Court is hereby directed to issue a writ of possession to the Plaintiff forthwith and without the necessity of any further Order from this Court. 14. The allegations of the Plaintiff's complaint and amended complaint are proved by competent evidence and true. DONE and ORDERED in Chambers at Miami -Dade County, Florida, this 1 day of , 2007. Copies furnished to: All parties of record -5- CIRCUIT CURT D S. ":,r' Bk 25664 Pg 2471 CFN 20070550312 06/01/2007 12:18:53 Pg 5 of 5 Mia-Dade Cty, FL City of Miami February 11, 2008 JOY ON FIRE MARTIAL ARTS FAMILY ACAMEMY NC PO BOX 51025I IvIIANII FL 33151 CR: CE2007015205 111111111111111111111111111111111111111111111 C-FM 2008R0166448 OR Ek 26240 Fs 0510; (1Ps) RECORDED 02/29/2008 08:45:43 HARVEY RUVIN, CLERK OF COURT MIAr1I—DADE COUNTY, FLORIDA LAST PAGE Lot Clearing Lien Name of Violator(s): JOY ON FIRE MARTIAL ARTS Lien Number. LCL7015205 Location of Violation: 1302 NW 54 ST Folio: 0131230120240 Legal Description of Property: PALM PARK AMD PB 7-43 LOTS 1-2-3 LESS NIOFT FOR R/W BLK 2 LOT SIZE 150.000 X 90 OR 17863-1806 1197 1 COC 25646-1471 04 2007 5 Code Section(s) Violated: - City code Chapter 22 SEC. 22-116,117&118 , Failure to maintain lot in a safe, clean condition; not allowing accumulation of debris, trash or dense growth of grass. Certified Date: Name of Inspector: CHANTAL JUSTE Net: 3 Division: Questions concerning this enforcement order or payment of fines should be directed to bad C ff'iee of Code_ Enforcement at (305) 416-2143. Date sent by regular mail Teresita L. Fernandez ;C ief c fI irtV3oatas and Deputy Clerk Book26240/Page510 CFN#20080166448 Page 1 of 1 ATTORNEYS TITLE. i- LIND SERVICES, :L.0 SOUTHWEST FLORIDA BRANCH P.O. BOX 628601 ORLANDO, FL 32862-8601 FOR PRODUCT QUESTIONS: 1-239-278-3434 FOR BILLING QUESTIONS: 1-800-275-2843 Invoice No : 019001102300 Account : 3562401 Deliver To : Name : ATT: DOLLILA PINKHASOV Address : CITY OF MIAMI/DEPT. OF COMMUNITY DE 444 SW 2ND AVE, 2ND FLOOR MIAMI, FL 33130 Order No : 01-2009-011023 Ordered By : DOLLILA PINKHAS Order Date : 09/21/2009 Invoice Date : 09/22/2009 Product Code : 07C TITLE SEARCH REPORT Legal/Name Searched : LOTS 1, 2, AND 3, IN BLOCK 2 OF AMENDED PLAT OF PALM PARK, ACCORDING TO THE PLAT THEREOF, Name : CITY OF MIAMI-OFFICE OF THE CI Address : INFORMATION TECHNOLOGY 444 SW 2ND AVE 10TH FLOOR MIAMI, FL 331300000 Responsible Attorney : COMM. DEV. DEPT Customer Ref : 1302 NW 54TH ST Payment Method Title Information : 125.00 Fund Direct Delivery OTHER Total 125.00 Invoice is DUE AND PAYABLE UPON RECEIPT TITLE SEARCH REPORT Fund File Number: 01-2009-11023 The information contained in this title search is being furnished by Attorneys' Title Fund Services, LLC. If this report is to be used by a title insurance agent for evaluation and determination of insurability by the agent prior to the issuance of title insurance, then the agent shall have liability for such work Provided For: City of Miami Agent's File Reference: 1302 NW 54th St After an examination of this search the Agent must: A. Evaluate all instruments, plats and documents contained in the report B. Include in the Commitment under Schedule B, any additional requirements and/or exceptions you find necessary from your analysis of the surveys, prior title evidence or other relevant information from the transaction. C. Verify the status of corporations and limited partnerships and other business entities with the appropriate governmental agency or other authority. D. Determine whether the property has legal access. E. Determine if any unpaid municipal taxes or assessments exist, which are not recorded in the Official Records Books of the county. F. Determine whether any portion of the property is submerged or artificially filled, if the property borders a body of water, and if riparian or littoral rights exist G. The information provided herein does not include a search of federal liens and judgment liens filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) Prepared this 22nd day of September, 2009. Attorneys' Title Fund Services, LLC Prepared by: Heather Tally, Senior Title Examiner Phone Number: 1-800-526-3855 Rev. 07/09 Page 1 of 5 TITLE SEARCH REPORT Fund File Number: 01-2009-11023 Effective Date of approved base title information: November 10, 1997 Effective Date of Search: September 9, 2009 at 11:00 PM Apparent Title Vested in: City of Miami Description of real property to be insured/foreclosed situated in Miami -Dade County, Florida. Lots 1, 2, and 3, less the North 10 feet for right of way, Block 2, AMENDED PLAT OF PALM PARK, according to the Plat thereof as recorded in Plat Book 7 Page 43, Public Records of Miami -Dade County, Florida. Muniments of Title, including bankruptcy, foreclosure, quiet title, probate, guardianship and incompetency proceedings, if any, recorded in the Official Records Books of the county: 1. Quit Claim Deed from James Gani and Olga Gani to Transatlantic Bank, recorded November 21, 1997, in O.R. Book 17863, Page 1774, Public Records of Miami -Dade County, Florida. 2. Quit Claim Deed from Transatlantic Bank to Miami Capital Development Inc., recorded November 12, 1997, in O.R. Book 17863, Page 1847, Public Records of Miami -Dade County, Florida. 3. Warranty Deed from Miami Capital Development Inc. to Prestige Enterprises Inc., recorded November 12, 1997, in O.R. Book 17863, Page 1806, Public Records of Miami -Dade County, Florida. 4. Quit Claim Deed from Prestige Enterprises Inc. and Patrick O'Keith Owens to Joy on Fire Martial Arts Family Academy Inc., recorded July 13, 2005, in O.R. Book 23564, Page 3351, Public Records of Miami -Dade County, Florida. 5. Final Judgment quieting title recorded in O.R. Book 25646, Page 1471, Public Records of Miami -Dade County, Florida. 6. Quit Claim Deed from Prestige Enterprises, Inc. to Jose Ruiz, recorded October 6, 2008, in O.R. Book 26598, Page 3422, Public Records of Miami -Dade County, Florida. 7. Foreclosure proceedings under Case No. 02-02121 CA 15 as evidenced by Lis Pendens in O.R. Book 20161, Page 4539, Final Judgment in O.R. Book 25664, Page 2467, Certificate of Title in favor of City of Miami recorded in O.R. Book 26961, Page 3350. Also see the following Books and Pages:. O.R. Book 17862, Page 2865, O.R. Book 18304, Page 144, O.R Book 18208, Page 2154, O.R. Book 18304, Page 137, O.R. Book 17862, Page 2886, O.R. Book 19903, Page 3775 Rev. 07/09 Page 2 of 5 TITLE SEARCH REPORT Fund File Number: 01-2009-11023 Mortgages, Assignments and Modifications: None Other Property Liens: 1. Claim of Lien against Joy on Fire Martial Arts Family by Miami -Dade Water and Sewer Department as recorded in O.R. Book 23953, Page 1706, Public Records of Miami -Dade County, Florida. 2. Claim of Lien against Joy on Fire Martial Arts by City of Miami as recorded in O.R. Book 26240, Page 510, Public Records of Miami -Dade County, Florida. 3. Tax Sale Certificate No. 4918 which has been sold for the year 2008. 4. Tax Sale Certificate No. 3931 which has been sold for the year 2007. 5. Tax Sale Certificate No. 3251 which has been sold for the year 2006. 6. Tax Sale Certificate No. 944 which has been sold for the year 2005. 7. Tax Sale Certificate No. 3308 which has been sold for the year 2004. 8. Tax Sale Certificate No. 2346 which has been sold for the year 2003. 9. NOTE: Tax deed application has been submitted. 10. Taxes for the year 2009, which are not yet due and payable. Restrictions/Easements: 1. Rights of the lessees under unrecorded leases. 2. All matters contained on the Plat of Palm Park Amended, as recorded in Plat Book 7, Page(s) 43, Public Records of Miami -Dade County, Florida. 3. Agreement between Gerald Franklin Trustee, et al and Board of County Commissioners of Metropolitan Dade County recorded in Clerk's File Number 68R-172696, Public Records of Miami -Dade County, Florida. (copy available upon request) Other Encumbrances: None Rev. 07/09 Page 3 of 5 TITLE SEARCH REPORT Fund File Number: 01-2009-11023 REAL, PROPERTY TAX INFORMATION ATTACHED Proposed Purchaser/Mortgagor: N/A The name of the proposed purchaser/mortgagor was searched for the past twenty years for unsatisfied judgments and tax liens (state, federal and other liens for the recovery of money) and personal names were checked for unrestored incompetency and for guardianship proceedings. The following matters appeared of record and copies are attached for evaluation by the agent: None STANDARD EXCEPTIONS Unless satisfactory evidence is presented to the agent eliminating the need for standard exceptions, the following should be made a part of any commitment or policy. 1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any owner policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 7. Federal liens and judgment liens, if any, filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place for filing federal liens and judgment liens against personal property. For insuring purposes: Rev. 07/09 Page 4 of 5 TITLE SEARCH REPORT Fund File Number: 01-2009-11023 (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal property interests in which a judgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) 8. Any lien provided by County Ordinance or by Chapter 159, Florida Statutes, in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees in favor of any county or municipality. The report does not cover bankruptcies or other matters filed in the Federal District Courts of Florida. In foreclosure proceedings, title should be examined between the effective date of this report and the recording of the lis pendens to assure that all necessary and proper parties are joined: Consideration should be given to joining as defendants any persons in possession, other than the record owner, and any parties, other than those named herein, known to the plaintiff or the plaintiffs attorney and having or claiming an interest in the property. Prior to issuance of any policy of title insurance underwritten by Dld Republic National Title Insurance Company, issued through Attorneys' Title Fund Services, LLC, the agent must obtain and evaluate a title search for the period between the effective date of this Title Search Report and the recording date(s) of the instrument(s) on which the policy is based If this product is not used for the purpose of issuing a policy, then the maximum liability for incorrect information is $1,000. Note: The Agent is responsible for obtaining underwriting approval on any commitment prepared from this product in the amount of $1, 000, 000.00 or more. Rev. 07/09 Page 5 of 5 WINS WWI 11111111111 MUNI MIN aroma 11111111 IMMO oar CZI cc a QUITCLAIIM DEED THIS QUITDEED , Executed this ! 2 /day of �U L i , 2005 by first pally, VilefkreK Ole / ©w0-)5 whose post office address is 0.60x-fog67, Zs, FL • 3S /S1 to second party, U-Oy ory Flit( ,til/fi2airL 1TS l .Gat /"K 174; whose post office address is P Q, 60 '6376 Z 5'(, A{7,. j t.tr, 33 / j 7 WITNESSETH, That the said first party, for good consideration and for the sum of Ten Dollars and 00/100 Dollars (S10.00 ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of 1r' oih E , State of Florida to wit PM4t..44 !°Ii4 44,00 /08 7--4-3 1275 )—X-3 LASS •v Oft FeA 1QIw 5LK p, tail sza- /5Qto&o(Ra die t?863-11o6 /!i? 1 IN WITNESS WHEREOF,tThe said first party has signed and sealed these presents the day and year first above written Sided, sea1yci and delivered in presence o Signature of W C-‘11.—CLP Lt_, Print name of Witness State of County of On appeared Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose tuune(s Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the er/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the , or the entity upon behalf of which the person(s) acted, executed the instrument. S my hand i o i'icial seal. Signature of First Party Pll[fI w DYerpm AL Print name of First Party first Party A UT G,ti,sa,, Printe of First Party before me, Signature of N6iary ant Known Produced ip of ID / 7 .�/ , 1.4y cntarni'.ion expires: O�PQY Pt, oFa tNOT� This document prepared by: o Yf wJil Oe IpN ntits eOF FIO4, my M�SbKEX OCT. 2O 2005 Type 4%) • a -, J , c' Q:� `, *__ va;Z { ,4.▪ • .,_ 4 Book23564/Page3351 CFN#20050722425 Page 1 of 1 MINN MEM pet ems-. PIM MOM 1-- MUM MIAMI-DADE COUNTY IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 07-09775-CA-31 EMMA MARTIN and PRESTIGE ENTERPRISE, INC., a Florida corporation, Plaintiffs, -Vs- PATRICK O'KEEFE OWENS and JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC., a Florida corporation, Defendants. 7i n• O c, rr CD C) FINAL JUDGMENT AFTER DEFAULT THIS CAUSE having come on to be heard after Default entered in this action against Defendants, PATRICK O'KEEFE OWENS and JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, !NC., on April 26, 2007, and this Court having reviewed the file and being otherwise fully advised in the premises, it is hereupon ORDERED AND ADJUDGED as follows: 1. Declaratory Judgment is entered in favor of Plaintiffs, EMMA MARTIN and PRESTIGE ENTERPRISE, INC., against Defendants, PATRICK O'KEEFE OWENS and JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC., on the real property known as 1302 NW 54th Street, in Miami -Dade County, Florida, the legal description being: Lots 1, 2 and 3, in Block 2 of AMENDED Book25646/Page1471 CFN#20070524951 Page 1 of 5 PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 3, of the Public Records of Dade County, Florida, as follows: (a) This Court has jurisdiction over the property and subject matter. (b) PATRICK O'KEEFE OWENS has no authority to act on behalf of PRESTIGE ENTERPRISE, INC. (c) The Quit Claim Deed recorded in OR Book 23564/Page 3351 to JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC. of July 12, 2005 is void for lack of consideration. (d) The Quit Claim Deed recorded in OR Book 23564/Page 3351 to JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC. is void as a self -interested transaction. (e) The Quit Claim Deed recorded in OR Book 23564/Page 3351 to JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC. is void as the Power of Attorney was revoked on November 15, 2004, prior to the transfer. 2. Judgment for Quiet Title is further entered in favor of Plaintiffs, EMMA MARTIN and PRESTIGE ENTERPRISE, INC., with reference to the real property known as 1302 NW 54th Street, in Miami -Dade County, Florida, the legal description being: Lots 1, 2 and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 3, of the Public Records of Dade County, Florida, as follows: 4 1ri/:1 R7r. tR4 Book25646/Page1472 CFN#20070524951 Page 2 of 5 (a) Defendants, PATRICK O'KEEFE OWENS and JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC., and all persons claiming under them, are decreed to be without any estate, right, title, lien or interest in or to the above -referenced property or any part thereof. (b) Plaintiffs, EMMA MARTIN and PRESTIGE ENTERPRISE, INC., are the sole owners of the subject property holding title absolutely and they are entitled to the quiet and peaceful possession of the property from and against all claims. (c) PATRICK O'KEEFE OWENS and JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC. and all persons claiming under them are hereby permanently enjoined from asserting any claim whatsoever in or to the real property adverse to Plaintiffs. 3. Judgment is herewith entered on action in equity to void deed in favor of Plaintiffs with reference to the real property known as 1302 NW 54th Street, in Miami -Dade County, Florida, the legal description being: Lots i, 2 and 3, in Block 2 of AMENDED PLAT OF PALM PARK, according to the Plat thereof, as recorded in Plat Book 7, at Page 3, of the Public Records of Dade County, Florida, as follows: (a) The Quit Claim Deed recorded in OR Book 23564/Page 3351 to JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC. of July 12, 2005 is void for lack of conside on. #.1-tRuE ..,,, rzeK Book25646/Page1473 CFN#20070524951 Page 3 of 5 (b) The Quit Claim Deed recorded in OR Book 23564/Page 3351 to JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC. of July 12, 2005 is void as a self -interested transaction. (c) The Quit Claim Deed recorded in OR Book 23564/Page 3351 to JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC. of July 12, 2005 is void as the Power of Attorney was revoked prior to the transfer. 4. Judgment is entered in favor of Plaintiffs, EMMA MARTIN and PRESTIGE ENTERPRISE, INC., on the Fraud Inducement Count as follows: (a) The Quit Claim Deed recorded in OR Book 23564/Page 3351 to JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC. of July 12, 2005 is void. (b) Defendants, PATRICK O'KEEFE OWENS and JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC., and all other persons or entities claiming under them, own no right, title or interest in the subject real property. 5. Judgment is herewith entered in favor of Plaintiffs, EMMA MARTIN and PRESTIGE ENTERPRISE, INC., and against Defendants, PATRICK O'KEEFE OWENS and JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC., on the cause of action for Subsequent Fraud, as follows: (a) The Quit Claim Deed recorded in OR Book 23564/Page 3351 to SOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC. of July 12, 2005 is void. • • Book25646/Page1474 CFN#20070524951 Page 4 of 5 BOOK 25646 PAGE 1475 LF4ST- PAGE (b) Defendants, PATRICK O'KEEFE OWENS and JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC., and all other persons or entities claiming under them, own no right, title or interest in the subject real property. 6. Let execution issue forthwith. ��y DONE AND ORDERED in Chambers at Miami -Dam County, Florida on '20 this 2 4 Itay of May, 2007. Circuit Court J Copies furnished to: MARK A. KAMILAR, ESQUIRE VJOSE M. RODRIGUEZ PATRICK O'KEEFE OWENS Circuit Judge JOY ON FIRE MARTIAL ARTS FAMILY ACADEMY, INC. STATE OF FLO i6, COUN i HEREBY CERTIFY that the for anginal on file in this office. 4AF;V'EY RUVIN, Clerk of --* Deputy Clerk Book25646/Page 1475 CFN#20070524951 5f 5' Page 5of5 111111111111111111111111111I11I111111111111 This Instrument Prepared by: Raven Ramona Liberty, Peg 12550 Biscayne Blvd., Suite 500 Miami, FL 33181 Property Appraisers Parcel Identification (Folio) Number(s): 01-3123-012-0240 CFN 2008R0816219 DR Bk 26598 P9 3422; (los) RECORDED 10/06/2008 14:27:0S DEED DOC TAX 0.60 HARVEY RUVIH, CLERK, OF COURT MIAHI-DADE COUNTY, FLDRIDA LAST PAGE Space Above This tine for Recording Quit Claim Deed Tems QoZT GSA= DEED, made this 3 day of October, 2008, Between the EREE PR23s, ENC, a Florida Corporation, whose address 1302 NW 54G° Street, Miami grantee(s) JOEZ RUIZ, Of 1570 NE 1432° Street, North Miami Beach, FL 33161. WITNESSETN: That said Grantors, for and in consideration of the sum of TEN DOLLARS good and valuable considerations to said Grantors in hand paid by Said Grantee, is hereby acknowledged, has granted, bargained and sold to the said Grantee, and assigns for ever, the following described land, situate, lying and being in Florida, to -wit: grantor, PRESSSGE , F[. 33142, and the 610.00), and other the receipt whereof Grantee's heirs and Miami -Dade County, Lot 1, 2, and 3, in Block 2 of AMENDED PLAT OF PALM PARR, according to the Plat thereof, as recorded in Plat Book 7, at Page 43, of the Public Records of Miami -Dade County, Florida. Property Address: 1302 N.W. 54`° Street, Miami, FL 33142 Parcel Identification: 01-3123-012-0240 8 1¢SSESS EMEMEOP, Grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in our presence: Fitness OF FLORIDA COUNTY OF Miami -Dade tome 0 officiill se ay: 611(/1=(Q 1121 A Erma Lee Martin 015,t6 0f: PRESTIGE ENTERPRISES, INC Its: President/CEO r going instrument was acknowledged before me this , 2008, by Mal IEE MRRISli of PRESTIGE ENTERPRISES, INC, who is ❑ personally, known ve produced their Florida Drivers' Licenses, Nes./fJd', i.9-0k eeWITNESS my hand and in the County and State last aforesaid th' y of OCTOBER,2008. 834- O Printed Name,122 J.7/%r fi�� aer Notary Public, State of Florida / at Large My commission expires: imsibilbollirilhadarftrarihribmilroahar manew r. mtukt* ,ii. bf Plttc • S1i d F1odds 1f - . Cosni ke E ran 26, 2010 Wortiskn d DD 511543 "4 0? Boded tisinW Notary Assn. Book26598/Page3422 CFN#20080816219 Page 1 of 1 PTAX BX10 JGM **** ATTORNEYS' TITLE FUND SERVICES, LLC. PARCEL/NAME IDENTIFICATION 2008 TAX ROLL CURRENT THROUGH 03/12/2009 FOLIO: 3123-012-0240 01 MIAMI TAXPAYER: EMMA MARTIN & PRESTIGE ENTERPRISES INC MAIL ADDRESS: 12864 BISCAYNE BLVD NORTH MIAMI FL DOC REF: OR 17863/1806 PLAT REF: PB 7/43 33181-2007 SUB NO: 012 PROPERTY ADDRESS: 1302 NW 54 ST * * * * S-T-R: 23-53-41 ACRES: 09/21/2009 10:04:40 PAGE 01 LEGAL 01 LEGAL: PALM PARK AMD PB 7-43 LOTS 1-2-3 LESS N10FT FOR R/W BLK 2 LOT SIZE 150.000 X 90 OR 17863-1806 1197 1 COC 25646-1471 04 2007 5 End of Parcel/Name Identification PA1=FWD, PF5=PRT, PF10=FUNCTION MENU, CLEAR=EXIT PTAX BX10 JGM **** ATTORNEYS' TITLE FUND SERVICES, LLC. PARCEL INQUIRY 2008 TAX ROLL CURRENT THROUGH 03/12/2009 FOLIO: 3123-012-0240 DATE OF APPRAISAL: VALUES: APPRAISED: SALE INFORMATION: IMPROVEMENT TYPE: ZONING CODE: COUNTY USE CODE: STATE USE CODE: 510,388.00 DATE: TYPE: AMOUNT: DOC REF: End of Parcel Inquiry 01 MIAMI LAND: IMPROVEMENTS: NEW CONSTRUCTION: AGRICULTURE: PA1=FWD, PA2=BWD, PF5=PRT, PF10=FUNCTION MENU, CLEAR=EXIT PTAX BX10 JGM **** ATTORNEYS' TITLE FUND SERVICES, LLC. TAX CRITERIA 2008 TAX ROLL CURRENT THROUGH 03/12/2009 * * * * FOLIO: 3123-012-0240 NONEXEMPT VALUE: 510,388.00 EXEMPTIONS: HOMESTEAD: WIDOW: * * * * 01 MIAMI APPRAISED: 510,388.00 OTHER: 00 NON-EXEMPT - TAXABLE 09/21/2009 10:07:19 PAGE 01 09/21/2009 10:07:21 PAGE 01 DISABLED: VETERAN: TAXES: CITY: 4,212.90 COUNTY: 7,340.30 SCHOOL: OTHER: NON AD VALOREM ASSESSMENTS: AMOUNT: AMOUNT: AMOUNT: End of Tax Criteria TOTAL MILLAGE: 100 22.6361 TYPE: TYPE: TYPE: PA1=FWD, PA2=BWD, PF5=PRT, PF10=FUNCTION MENU, CLEAR=EXIT PTAX BX10 JGM **** ATTORNEYS' TITLE FUND SERVICES, LLC. **** TAX STATUS - CURRENT TAX INFORMATION 2008 TAX ROLL CURRENT THROUGH 03/12/2009 FOLIO: 3123-012-0240 01 MIAMI MARCH TOTAL: 11,553.20 COLLECTOR NO: NOTES: PAYMENT INFO: DATE: 02/28/2009 TYPE: 41 AMOUNT: VALIDATION NO: DATE: TYPE: AMOUNT: VALIDATION NO: PA1=FWD, PA2=BWD, PF5=PRT, PF10=FUNCTION MENU PTAX BX10 JGM **** ATTORNEYS' TITLE FUND SERVICES, LLC. **** TAX STATUS - DELINQUENT TAX INFORMATION DELINQUENT TAX ROLL CURRENT THROUGH 03/12/2009 FOLIO: 3123-012-0240 PREVIOUS: TAXPAYER: JOSE RUIZ 09/21/2009 10:07:23 PAGE 01 09/21/2009 10:07:24 PAGE 02 LEGAL 01 YEAR: 2007 NO: 3931 TYPE: CITY LIEN ISSUED: 06/01/2008 BUYER: 84MARIO D. LICCIARDI FACE VAL: 12,358.98 INT: 18.00 STATUS: DELINQUENT TAX OUTSTANDING DOC REF: PAYMENT DATE: AMOUNT: VALIDATION: TAX DEED APPLICATION: DATE: NO: TAX DEED ISSUED: DATE: TO: NOTES: PLAT REF: PB 7/43 SUB NO: 012 S-T-R: 23-53-41 ACRES: LEGAL: PALM PARK AMD PB 7-43 LOTS 1-2-3 LESS N1OFT FOR R/W BLK 2 LOT SIZE 150.000 X 90 PA1=FWD, PA2=BWD, PFS=PRT, PF10=FUNCTION MENU PTAX BX10 JGM **** ATTORNEYS` TITLE FUND SERVICES, LLC. **** TAX STATUS - DELINQUENT TAX INFORMATION DELINQUENT TAX ROLL CURRENT THROUGH 03/12/2009 FOLIO: 3123-012-0240 PREVIOUS: TAXPAYER: JOSE RUIZ 09/21/2009 10:07:26 PAGE 03 LEGAL 01 YEAR: 2006 NO: 3251 TYPE: CERTIFICATE ISSUED: 06/01/2007 BUYER: 17MTAG CUST FOR EVANS MANAGEMENT FACE VAL: 11,344.60 INT: .25 STATUS: DELINQUENT TAX OUTSTANDING DOC REF: PAYMENT DATE: AMOUNT: VALIDATION: TAX DEED APPLICATION: DATE: NO: TAX DEED ISSUED: DATE: TO: NOTES: PLAT REF: PB 7/43 SUB NO: 012 S-T-R: 23-53-41 ACRES: LEGAL: PALM PARK AMD PB 7-43 LOTS 1-2-3 LESS N1OFT FOR R/W BLK 2 LOT SIZE 150.000 X 90 PA1=FWD, PA2=BWD, PF5=PRT, PF10=FUNCTION MENU PTAX BX10 JGM **** ATTORNEYS' TITLE FUND SERVICES, LLC. **** TAX STATUS - DELINQUENT TAX INFORMATION DELINQUENT TAX ROLL CURRENT THROUGH 03/12/2009 FOLIO: 3123-012-0240 PREVIOUS: TAXPAYER: JOSE RUIZ 09/21/2009 10:07:29 PAGE 04 LEGAL 01 YEAR: 2005 NO: 944 TYPE: CERTIFICATE ISSUED: 04/11/2006 BUYER: 32MIKON A FACE VAL: 10,216.64 INT: 18.00 STATUS: TRANSFER TO TAX DEED NOT PAID DOC REF: PAYMENT DATE: AMOUNT: VALIDATION: TAX DEED APPLICATION: DATE: NO: TAX DEED ISSUED: DATE: TO: NOTES: PLAT REF: PB 7/43 SUB NO: 012 S-T-R: 23-53-41 ACRES: LEGAL: PALM PARK AMD PB 7-43 LOTS 1-2-3 LESS N1OFT FOR R/W BLK 2 LOT SIZE 150.000 X 90 PA1=FWD, PA2 =BWD, PF5=PRT, PF10=FUNCTION MENU PTAX BX10 JGM **** ATTORNEYS` TITLE FUND SERVICES, LLC. **** TAX STATUS - DELINQUENT TAX INFORMATION DELINQUENT TAX ROLL CURRENT THROUGH 03/12/2009 09/21/2009 10:07:31 PAGE 05 LEGAL 01 FOLIO: 3123-012-0240 PREVIOUS: TAXPAYER: JOSE RUIZ YEAR: 2004 NO: 3308 TYPE: NOT PAID NOT SOLD ISSUED: 06/01/2005 BUYER: 41GLOCKENSPIEL, LLC FACE VAL: 10,396.86 INT: .25 STATUS: TRANSFER TO TAX DEED NOT PAID DOC REF: PAYMENT DATE: AMOUNT: VALIDATION: TAX DEED APPLICATION: DATE: NO: TAX DEED ISSUED: DATE: TO: NOTES: PLAT REF: PB 7/43 SUB NO: 012 S-T-R: 23-53-41 ACRES: LEGAL: PALM PARK AMD PB 7-43 LOTS 1-2-3 LESS N10FT FOR R/W BLK 2 LOT SIZE 150.000 X 90 PA1=FWD, PA2=BWD, PF5=PRT, PF10=FUNCTION MENU PTAX BX10 JGM **** ATTORNEYS' TITLE FUND SERVICES, LLC. **** TAX STATUS - DELINQUENT TAX INFORMATION DELINQUENT TAX ROLL CURRENT THROUGH 03/12/2009 FOLIO: 3123-012-0240 PREVIOUS: TAXPAYER: JOSE RUIZ 09/21/2009 10:07:35 PAGE 06 LEGAL 01 YEAR: 2003 NO: 2346 TYPE: NOT PAID NOT SOLD ISSUED: 06/01/2004 BUYER: 87MTAG CUST FOR CENTINELA MGMT, FACE VAL: 8,858.95 INT: .25 STATUS: TRANSFER TO TAX DEED NOT PAID DOC REF: PAYMENT DATE: AMOUNT: VALIDATION: TAX DEED APPLICATION: DATE: NO: TAX DEED ISSUED: DATE: TO: NOTES: PLAT REF: PB 7/43 SUB NO: 012 S-T-R: 23-53-41 ACRES: LEGAL: PALM PARK AMD PB 7-43 LOTS 1-2-3 LESS N10FT FOR R/W BLK 2 LOT SIZE 150.000 X 90 PA1=FWD, PA2=BWD, PF5=PRT, PF10=FUNCTION MENU PTAX BX10 JGM **** ATTORNEYS' TITLE FUND SERVICES, LLC. **** TAX STATUS - DELINQUENT TAX INFORMATION DELINQUENT TAX ROLL CURRENT THROUGH 03/12/2009 FOLIO: 3123-012-0240 PREVIOUS: TAXPAYER: JOSE RUIZ YEAR: 2003 NO: 2346 TYPE: TAX DEED APPLIED FOR ISSUED: BUYER: FACE VAL: 30,441.49 STATUS: DELINQUENT TAX OUTSTANDING DOC REF: PAYMENT DATE: AMOUNT: VALIDATION: 09/21/2009 10:07:38 PAGE 07 LEGAL 01 INT: 800.0 TAX DEED APPLICATION: DATE: 04/11/2006 NO: 63743 TAX DEED ISSUED: DATE: TO: NOTES: PLAT REF: PB 7/43 SUB NO: 012 S-T-R: 23-53-41 ACRES: LEGAL: PALM PARK AND PB 7-43 LOTS 1-2-3 LESS N10FT FOR R/W BLK 2 LOT SIZE 150.000 X 90 End of Tax status --No Data for Additional Tax Assessment PA1=FWD, PA2=BWD, PF5=PRT, PF10=FUNCTION MENU, CLEAR=EXIT • FUND OWNER'S FORM Schedule A Policy No: OPM-1206137 Effective Date: November 10, 1997 Agent's File Reference: 97-H-595- KK At: 3.29 P.M. Amount of Insurance: $ 150,000.00 1. Name of Insured: PRESTIGE ENTERPRISES, INC., a -Florida corporation 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the .named insured as shown by instrument recorded in Official Records Book 17863. at Page 1 806 of the Public Records of Dade, Florida. 3. The land referred to in this policy is described as follow: Lots 1, 2 and 3, in. Block 2 of AMENDED PLAT OF PALM PARK,,. - according to the Nat thereof, as recorded in Plat Book 7, at Page 43, of the Public Records of Dade County, Florida. I, the undersigned agent, hereby certify that • the transaction insured herein is governed by RESPA, D Yes Q No • if Yes to the above, I have performed all "core title agent services." C1 Yes No- KOPPEN, WATKINS, PARTNERS & ASSOCIATES, P.A. "ISSUING AGENT - ATTORNEY OR FIRM OF ATTORNEYS 700 N.B. 90th Street MAflJNG ADDRESS Miami CITY , Florida 33138-3206 ZIP FUND Form OPM-SCH. A (Rev. 17/92) [46) FUND OWNER'SFORM Schedule B Policy No,: OPM- 1206137 This policy does not insure against loss of damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by public records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements of claims of easements not shown by the public records_ 5. Any lien, or right to a lien, for services, labor, or material hereto fore or hereafter furnished, imposed by Iaw and not shown by the public records. 6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands and lands accreted to such lands. 7. Any interest in personal property. 8. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so crated and riparian and littoral rights, if any. Agreement dated September 3, 1968 between Gerald Franklin Trustee, etc., et. al., and the Board of County Commissioners, Metropolitan Dade County, recorded under Cleric's File No. 68R-172696, of the Public Records of Dade County, Florida, which contains no provisions that would result in a reversion or forfeiture of title. 10, Mortgage in favor of Miami Capital Development, Inc., a Florida corporation, not -for -profit, by PRESTIGE ENTERPRISES, INC., a Florida corporation and EMMA i.FE MARTIN, given to secure the principal amount of $300,000.00, recorded in Official Records Book 17$62, at Page 2865, in the Public rez ottds ofDade Ccs m F`lC rt a FUND Folio OFu • SQa3 (rw.9191) Miami -Dade County Clerk 1 it / Probate Justice System - Docket Inf( ation Page 1 of 3 0 Item(s) in Basket BACK TO SEARCH RESULTS Home Online Services • Civil / Probate Justice System - Docket Information ALL PARTIES CITY OF MIAMI vs PRESTIGE ENTERPRISE INC `Click on BOOK/PAGE of a particular docket to see the image if it is available * Case Number (LOCAL): 2002-2121-CA-01 Dockets Retrieved: 91 Case Number (STATE): 13-2002-CA-002121-0000-01 Date I Book/Page 07/21/20091 07/21 /2009126961 13350 Pages: 1 07/21 /20091 07/08/2009 07/08/2009 07/08/2009 07/08/2009 Docket Entry CERTIFICATE OF DISBURSEMENT (PLAINTIFF) CERTIFICATE OF TITLE MORTGAGE FORECLOSURE CHECK ISSUED BID SHEET CERTIFICATE OF SALE MORTGAGE FORECLOSURE DEPOSIT 1 1 MORTGAGE FORECLOSURE DEPOSIT 06/16/20091 NOTICE OF SALE 03/13/20091 03/10/2009I26791 / Pages:2252 1 03110/2009 ` 02/19/20091 01/06/20091 TEXT COURT ORDER TEXT NOTICE OF HEARING - MOTION: NOTICE OF HEARING- 01/05/20091 06/30/20081 I MOTION: 10/24/20071 1 PROOF OF PUBLICATION 10/23/20071 NOTICE OF SALE CERTIFICATE OF MAILING FINAL JUDGMENT 09/20/2007 About us Contact us • START A NEW SEARCH Filing Date: 01/24/2002 Judicial Section: 15 Comments BK:26961 PG:3350 $ 2467.50 # 76103 D STAMPS $235,000.00/CITY OF MIAMI $ 1057.50 # 7208 SURTAX $ 1410.00 # 7208 CITY OF MIAMI SALE DATE 07-08-2009 BK:26791 PG:2252 GRANTING PLTF. MTN. TO RE- SCHEDULE FORCL. SALE CANCEL SALE 07/18/07 RESET 07/08/09 PER CRT ORD. MOTIONS 03/10/2009 09:00 AM TO RE -SCHEDULE FORECLOSURE SALE MOTIONS 01/13/2009 09:00 AM TO RE -SCHEDULE FORECLOSURE SALE PUB DATE 09/19/2007 25944 / 1306 Pages: 1 COURT ORDER BK:25944 PG:1306 GRANT. MOT. TO RESET SALE F/11/7/07 09/19/20071 I ORDER: 09/19/20071 1 TEXT 09/11/20071 1 MOTION: NOTICE OF HEARING- 09/11/20071 08/30/20071 08/30/20071 07/18/20071 MOTION TO WITHDRAW NOTICE OF HEARING - LETTER OF CORRESPONDENCE PROOF OF PUBLICATION 07118/20071 07/03/20071 j NOTICE OF SALE 05/31/20071 I AFFIDAVIT AS TO COSTS 05/31/20071 1 ANSWER AND AFFIRMATIVE DEFENSE 05/31/2007 25664 / 2467 FINAL JUDGMENT Pages 5 05/31/20071 NOTICE OF FILING: GRANTING MTh TO WITHDRAW AS COUNSEL SALE DATE 11-07-2007 TO RESCHEDULE FORECLOSURE SALE MOTIONS 09/19/2007 09:30 AM MOTIONS 09/19/2007 09:30 AM TO THE CLERK FROM CITY OF MIAMI DATED 7/17/07 PUB DATE :07/05/2007 ATTORNEY:00298141 DN01 DNO2 J $ 0.00 BK:25664 PG:2467 DNO4 DNO5 DNO6 IN FORECLOSURE AMENDED AFFIDAVIT OF COSTS http://www2.miami-dadeclerk.com/civil/Search.aspx 9/22/2009 Miami -Dade County Clerk t` vil / Probate Justice System - Docket Inf .ation Page 2 of 3 05/31/2007 ( NOTICE: OF COMPLIANCE 05/31/2007 TEXT CERT.OF MAILING FINAL JUDGMENT 05/31/2007 TEXT SALE DATE 07-18-2007 05/30/2007 MEMORANDUM OF LAW 05/30/2007 MOTION TO STRIKE 05/30/2007 NOTICE OF HEARING- MOTIONS 05/31/2007 09:30 AM 05/17/2007 NOTICE OF HEARING- MOTIONS 05/31/2007 09:30 AM 05/14/2007 MOTION FOR CONTINUANCE 05/14/2007 MOTION: TO SET ASIDE DEFAULT 05/14/2007 NOTICE OF APPEARANCE ATTORNEY: 00298141 DNO1 DNO2 05/09/2007 AFFIDAVIT OF: OF ATTORNEY'S TIME 05/09/2007 NOTICE OF FILING: AFFIDAVIT OF ATTORNEY'S FEES 05/09/2007 NOTICE OF FILING: CONSENT TO DISCLOSURE & DISCLAIMER OF INTEREST,ETC.. 05/02/2007 CONSENT TO FORECLOSURE & DISCLAIMER OF INTEREST,ETC.. 04/17/2007 NOTICE OF FILING: AFFIDAVIT OF INDEBTEDNESS & COSTS 04/13/2007 AFFIDAVIT AS TO COSTS 04/13/2007 AFFIDAVIT OF INDEBTEDNESS 02/09/2007 NOTICE OF HRG SPECIAL APPT 05/09/2007 11:30 AM 01/16/2007 25298 / 4476 COURT ORDER BK:25298 PG:4476 OF REMAND Pages: 3 12/20/2006 TEXT PAID $100.00 RCPT.#14/7391 BAR# 12/19/2006 TEXT APLICATIONB FOR ADMISSION PRO HAC VICE MARY L. RICHE,ESQ 12/08/2006 25190 / 4839 NOTICE OF REMOVAL TO FEDERAL COURT BK:25190 PG:4839 DNO1 DNO2 DNO3 Pages: 2 10/12l2006 ORDER: GRANTING MTN FOR INTERVENTION OF FEDERAL DEPOSIT INS. CO 09/28/2006 ORDER: ON APPLICATINO FOR LIMITED ADMI. PR HAC VICE GRANTED 09/11/2006 NOTICE OF HEARING- MOTIONS 09/28/2006 09:30 AM 08/04/2006 NOTICE OF HEARING- MOTIONS 08/30/2006 09:30 AM 06/09/2006 MOTION: FOR INTERVENTION OF THE FEDERAL DEPOSIT INSUR. CORP 05/04/2005 MOTION FOR DEFAULT 05/03/2005 ORDER: DEFAULT: FEDERAL DEPOSIT INSURANCE CORPORATION 01/19/2005 SUMMONS RTD WITH SERVICE ON DENISE SPENCER 01/11/05 11/17/2004 ORDER: GRANTING MTN TO AMEND COMPLAINT 11/01/2004 TEXT CALENDAR CANCELED PER JUDGE 11/17/04 10/05/2004 MOT TO FILE AMENDED COMPLAINT 04/30/2004 MOTION: FOR ENTRY OF AN "AGREED ORDR" DISCH. GUARDIAN/AD LITEM 04/30/2004 ORDER: DISCHARGING AGUSTIN PEREZ-CERVERA AS GUARDIAN AD LITEM 04/22./2004 NOTICE: OF HEARING: MTN NOT HEARD ON MTN CAL 5-27-2004 01/07/2004 MOTION FOR SUMMARY JUDGMENT 02/21/2003 SUMMONS RETURNED - NO SERVICE DNO2 10/16/2002 NOTICE OF INTERROGATORY . 05/03/2002 MOTION TO STRIKE 04/25/2002 ANSWER ATTORNEY:00289108 DNO1 DNO2 04/25/2002 TEXT REPORT OF GUARDIAN AD LITEM AND ATTORNEY AT LITEM 03/05/2002 ORDER APPOINTING GUARDIAN AD AGUSTIN PEREZ-CERVERA, ESQ. http://www2.miami-dadeclerk. com/civil/S earth. aspx 9/22/2009 Miami -Dade County Clerk -( ril / Probate Justice System - Docket Ink ition Page 3 of 3 LITEM 02/28/2002 AFFIDAVIT OF DILIGENT SEARCH 02/28/2002 DEFAULT DNO3 02I28/2002 MOTION: TO APPOINT GUARDIAN AD LITEM, ADM. & ATTY. AD LITEM 02/27/2002 MOTION FOR DEFAULT 02/26/2002 DEFAULT DNO6 02/26/2002 MOTION FOR DEFAULT 02/19/2002 ANSWER AND AFFIRMATIVE DEFENSE ATTORNEY:00457795 DNO5 02/19/2002 SERVICE RETURNED BADGE # 555555 P 02/11/2002 DNO5 02/11/2002 SERVICE RETURNED BADGE # 888888 P 02/06/2002 DNO3 02/11/2002 SUMMONS RETURNED - NO SERVICE DNO1 02/11/2002 SUMMONS RETURNED - NO SERVICE DNO2 02/11/2002 SUMMONS RETURNED - NO SERVICE DNO4 02/07/2002 SERVICE RETURNED BADGE # 502 P 02/01/2002 DNO6 01/25/2002 20161 / 4539 LIS PENDENS BK:20161 PG:4539 Pages: 2 01/24/2002 CIVIL COVER 01/24/2002 COMPLAINT BACK TO SEARCH RESULTS S0141756 ALL PARTIF. i START A NFW SFARCH Civil Search Horne I Help 1 Email I Login Home 1 Privacy Statement 1 Disclaimer I Contact Us I About Us Mfa3f:%y 2008 Clerk of the Court All Rights reserved. >% http://www2.miami-dadeclerk.com/civil/Search.aspx 9/22/2009 § 84.83 (A) The terms and conditions of award prohibit the extension. (B) The extension requires additional Federal funds. (C) The extension involves any change in the approved objectives or scope of the project. (6) For construction awards, recipi- ents shall request prior written ap- proval promptly from HUD for budget revisions whenever paragraphs (d)(6)(i) or (d)(6)(ii) of this section apply. (i) The revision results from changes in the scope or the objective of the project or program. (ii) The need arises for additional Federal funds to complete the project. (7) No other prior approval require- ments for specific items may be im- posed unless a deviation has been ap- proved by OMB. (8) When HUD makes an award that provides support for both construction and nonconstruction work, HUD may require the recipient to request prior approval from HUD before making any fund or budget transfers between the two types of work supported. (e) Non -Federal audits. (1) Recipients and subrecipients that are institutions of higher education or other non-profit organizations (including hospitals) shall be subject to the audit require- ments contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507) and revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." (i) Non-profit organizations subject to regulations in the part 200 and part 800 series of this title which receive awards subject to part 84 shall comply with the audit requirements of revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Or- ganizations." For HUD programs, a non-profit organization is the mort- gagor or owner (as these terms are de- fined in the regulations in the part 200 and part 800 series) and not a related or affiliated organization or entity. (ii) [Reserved] (2) State and local governments shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507) and revised OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 24 CFR Subtitle A (5-1-01 Edition) (3) For -profit hospitals not covered by the audit provisions of revised OMB Circular A-133 shall be subject to the audit requirements of the Federal awarding agencies. (4) Commercial organizations shall be subject to the audit requirements of HUD or the prime recipient as incor- porated into the award document. [59 FR 47011, Sept. 13, 1994, as amended at 62 FR 61617, Nov. 18, 1997] § 84.83 Property standards. (a) Purpose of property standards. Paragraphs (b) through (g) of this sec- tion set forth uniform standards gov- erning management and disposition of property furnished by the Federal Gov- ernment whose cost was charged to a project supported by a Federal award. HUD shall require recipients to observe these standards under awards and shall not impose additional requirements, unless specifically required by Federal statute. The recipient may use its own property management standards and procedures provided it observes the provisions of paragraphs (b) through (g) of this section. (b) Insurance coverage. Recipients shall, at a minimum, provide the equiv- alent insurance coverage for real prop- erty and equipment acquired with Fed- eral funds as provided to property owned by the recipient. Federally - owned property need not be insured un- less required by the terms and condi- tions of the award. (c) Real property. HUD prescribes the following requirements for recipients concerning the use and disposition of real property acquired in whole or in part under awards: (1) Title to real property shall vest in the recipient subject to the condition that the recipient shall use the real property for the authorized purpose of the project as long as it is needed and shall not encumber the property with- out approval of HUD. (2) The recipient shall obtain written approval by HUD for the use of real property in other federally -sponsored projects when the recipient determines that the property is no longer needed for the purpose of the original project. Use in other projects shall be limited to those under federally -sponsored projects (i.e., awards) or programs that 470 Office of the Secretary, HUD have purposes consistent with those authorized for support by HUD. (d) Federally -owned and exempt prop- erty—(1) Federally -owned property—(i) Title to federally -owned property remains vested in the Federal Government. Recipi- ents shall submit annually an inven- tory listing of federally -owned prop- erty in their custody to HUD. Upon completion of the award or when the property is no longer needed, the re- cipient shall report the property to HUD for further HUD utilization. (ii) If HUD has no further need for the property, it shall be declared excess and reported to the General Services Administration, unless HUD has statu- tory authority to dispose of the prop- erty by alternative methods (e.g., the authority provided by the Federal Technology Transfer Act (15 U.S.C. 3710 (I)) to donate research equipment to educational and non-profit organiza- tions in accordance with E.O. 12821, "Improving Mathematics and Science Education in Support of the National Education Goals.") Appropriate in- structions shall be issued to the recipi- ent by HUD. (2) Exempt property. When statutory authority exists, HUD has the option to vest title to property acquired with Federal funds in the recipient without further obligation to the Federal Gov- ernment and under conditions HUD considers appropriate. Such property is "exempt property." Should HUD not establish conditions, title to exempt property upon acquisition shall vest in the recipient without further obliga- tion to the Federal Government. (e) Equipment. (1) Title to equipment acquired by a recipient with Federal funds shall vest in the recipient, sub- ject to conditions of this section. (2) The recipient shall use the equip- ment in the project or program for which it was acquired as long as need- ed, whether or not the project or pro- gram continues to be supported by Fed- eral funds and shall not encumber the equipment without approval of HUD. When the equipment is no longer need- ed for the original project or program, the recipient shall use the equipment in connection with its other federally - sponsored activities, in the following order of priority: § 84.83 (i) Activities sponsored by HUD which funded the original project; then (ii) Activities sponsored by other Federal awarding agencies. (3) During the time that equipment is used on the project or program for which it was acquired, the recipient shall make it available for use on other projects or programs if such other use will not interfere with the work on the project or program for which the equip- ment was originally acquired. First preference for such other use shall be given to other projects or programs sponsored by HUD that financed the equipment; second preference shall be given to projects or programs spon- sored by other Federal awarding agen- cies. If the equipment is owned by the Federal Government, use on other ac- tivities not sponsored by the Federal Government shall be permissible if au- thorized by HUD. (4) The recipient's property manage- ment standards for equipment acquired with Federal funds and federally -owned equipment shall include all of the fol- lowing. (i) Equipment records shall be main- tained accurately and shall include the following information. (A) A description of the equipment. (B) Manufacturer's serial number, model number, Federal stock number, national stock number, or other identi- fication number. (C) Source of the equipment, includ- ing the award number. (D) Whether title vests in the recipi- ent or the Federal Government. (E) Acquisition date (or date re- ceived, if the equipment was furnished by the Federal Government) and cost. (F) Location and condition of the equipment and the date the informa- tion was reported. (ii) Equipment owned by the Federal Government shall be identified to indi- cate Federal ownership. (iii) A physical inventory of equip- ment shall be taken and the results reconciled with the equipment records at least once every two years. Any dif- ferences between quantities deter- mined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The recipient 471 § 84.84 shall, in connection with the inven- tory, verify the existence, current uti- lization, and continued need for the equipment. (iv) A control system shall be in ef- fect to insure adequate safeguards to prevent loss, damage, or theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented; if the equipment was owned by the Federal Government, the recipient shall promptly notify HUD. (v) Adequate maintenance procedures shall be implemented to keep the equipment in good condition. (5) HUD may reserve the right to transfer the title to the Federal Gov- ernment or to a third party named by the Federal Government when such third party is otherwise eligible under existing statutes. Such transfer shall be subject to the following standards. (i) The equipment shall be appro- priately identified in the award or oth- erwise made known to the recipient in writing. (ii) HUD shall issue disposition in- structions within 120 calendar days after receipt of a final inventory. The final inventory shall list all equipment acquired with grant funds and feder- ally -owned equipment. If HUD fails to issue disposition instructions within the 120 calendar day period, the recipi- ent shall apply the standards of this section, as appropriate. (iii) When HUD exercises its right to take title, the equipment shall be sub- ject to the provisions for federally - owned equipment. (f) Intangible property. (1) The recipi- ent may copyright any work that is subject to copyright and was devel- oped, or for which ownership was pur- chased, under an award. HUD reserves a royalty -free, nonexclusive and irrev- ocable right to reproduce, publish, or otherwise use the work for Federal pur- poses, and to authorize others to do so. (2) Recipients are subject to applica- ble regulations governing patents and inventions, including government -wide regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Non- profit Organizations and Small Busi- ness Firms Under Government Grants, Contracts and Cooperative Agree- ments." 24 CFR Subtitle A (5-1-01 Edition) (3) Unless waived by HUD, the Fed- eral Government has the right to para- graphs (f)(3)(i) and (f)(3)(ii) of this sec- tion. (i) Obtain, reproduce, publish or oth- erwise use the data first produced under an award. (ii) Authorize others to receive, re- produce, publish, or otherwise use such data for Federal purposes. (4) Title to intangible property and debt instruments acquired under an award or subaward vests upon acquisi- tion in the recipient. The recipient shall use that property for the origi- nally -authorized purpose. (g) Property trust relationship. Real property, equipment, intangible prop- erty and debt instruments that are ac- quired or improved with Federal funds shall be held in trust by the recipient as trustee for the beneficiaries of the project or program under which the property was acquired or improved. HUD may require recipients to record liens or other appropriate notices of record to indicate that personal or real property has been acquired or improved with Federal funds and that use and disposition conditions apply to the property. § 84.84 Procurement standards. (a) Purpose of procurement standards. Paragraphs (b) through (i) of this sec- tion set forth standards for use by re- cipients in establishing procedures for the procurement of supplies and other expendable property, equipment, real property and other services with Fed- eral funds. These standards are fur- nished to ensure that such materials and services are obtained in an effec- tive manner and in compliance with the provisions of applicable Federal statutes and executive orders. No addi- tional procurement standards or re- quirements shall be imposed by HUD upon recipients, unless specifically re- quired by Federal statute or executive order or approved by OMB. (b) Recipient responsibilities. The standards contained in this section do not relieve the recipient of the con- tractual responsibilities arising under its contract(s). The recipient is the re- sponsible authority, without recourse to HUD, regarding the settlement and 472 Miami -Dade County. Real Estate Tax Information Page 1 of 1 Real Estate Tax information miamidade.gov Show Me: Property Taxes Search By: Select Item Detail Tax Information: Real Estate Tax Info Prior Years Taxes Due Prior Years The 2009 TAX Roll will be available on November 1, 2009 . Today's Date: 10/13/2009 Last Update: 10/08/2009 Folio Number: 01 31230120240 MIAMI **** Prior Years Taxes Due **** Owner's Name: CITY OF MIAMI Property Address: 1302 NW 54 ST Mailing Information : CITY OF MIAMI ATTN MARIA J SANTOVENIA 444 SW 2 AVE STE 945 MIAMI FL 33130 Legal Description : PALM PARK AMD PB 7-43 LOTS 1-2-3 LESS N10FT FOR R/W BLK 2 LOT SIZE 150.000 X 90 Amounts due: Prior years taxes must be paid by cashier's check, money order or certified check in U.S. funds. Amount due Type Tax Year Number as of 10/13/2009 TAX CERTIFICATE 2008 4918 13447.75 TAX CERTIFICATE 2007 3931 15146.01 TAX CERTIFICATE 2006 3251 11918.09 TOTAL AMOUNT 40511.85 For historical purposes: Below is a list of redeemed certificates and the redemption payment details. TAXDEED APPLICATION NUMBER: TC 63743 Date:07/29/2009 Register/Receipt:0232 /0002001 Amount: 48973.09 TAX CERTIFICATE 2003 2346 "TAX CERTIFICATE 2004 3308 TAX CERTIFICATE 2005 944 ** These items are included in taxdeed application number TC 63743 Amounts due are subject to change without notice. Contact Information E-Mail: proptax@ miamidade.gov (305) 270-4916 Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 South Miami -Dade Office: 10710 SW 211 St, Room 104 Miami, FL 33189 Office Hours: Mon - Fri 8:00 am - 5:00 pm Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue 0 Property Tax Home I Real Estate Tax Info I Prior Years Miami -Dade Home I Using Our Site I Abou I Phone Directory I Privacy I Disclaimer © 2002 Miami -Dade County. All rights reserved. E-mail your comments, questions and suggestions to Webmaster http://egvsys.miamidade. gov:1608/wwwserv/ggvt/txcaw03.dia?folio=0131230120240 10/13/2009 Miami -Dade County. Real 'te Tax Information Page 1 of 1 Show Me: Property Taxes Search By: Select Item ................... Detail Tax Information: Real Estate Tax Info 2008 Taxes Prior Years Taxes Due 2008 Ad Valorem 2008 Non -Ad Valorem 2008 Back Assessments 2008 Enterprise Folio 2008 Historical Abatements 2009 Quarterly Payments 2008 Tax Notice/Memorandum ® 2002 Miami -Dade County. All rights reserved. e.��w.r-.caX:�eerX:•r�3 Prior Years Tax Today's Date: 09/22/2009 Last Update: 09/17/2009 Year: 2008 Folio Number: 01 31230120240 MIAMI Owner's Name: CITY OF MIAMI ATTN MARIA J SANTOVENIA Property Address: 1302 NW 54 ST **** Prior Years Taxes Due Amounts due: Prior years taxes must be paid by cashier's check, money order or certified check in U.S. funds. Type Tax Year Number TAX CERTIFICATE TAX CERTIFICATE TAX CERTIFICATE TOTAL AMOUNT 2008 4918 2007 3931 2006 3251 Amount due as of 09/22/2009 13331.01 14960.62 11918.09 40209.72 For historical purposes: Below is a list of redeemed certificates and the redemption payment details. TAXDEED APPLICATION NUMBER: TC 63743 Date:07/29/2009 Register/Receipt:0232 /0002001 Amount: "TAX CERTIFICATE 2003 -'TAX CERTIFICATE 2004 —TAX CERTIFICATE 2005 2346 3308 944 48973.09 These items are included in taxdeed application number TC 63743 Amounts due are subject to change without notice. ram• . , , ., ii?",7 Contact Information E-Mail: proptax miamidade.gov (305) 270-4916 Downtown Office: 140 W Flagler St., Room 101 Miami, FL 33130 South Miami -Dade Office: 10710 SW 211 St, Room 104 Miami, FL 33189 Office Hours: Mort - Fri 8:00 am - 5:00 pm Related Links: Tax Collector Property Appraiser Florida State Dept of Revenue 0 Property Tax Home I Real Estate Tax info 12008 Taxes I Prior Years 12008 Non -Ad Valorem 2008 Back Assessments 12008 Enterprise Folio 12008 Historical Abatements 12009 Quarterly Payments I 2008 Tax Notice/Memorandum Miami -Dade Horne 1 Using Our Site I About I Phone Directory I Privacy 1 Disclaimer E-mail your comments, questions and suggestions to Webmaster http://egvsys. miami dade. gov:1608/wwwserv/ggvt/txcaw03. di a?folio=013123 0120240 9/22/2009 Dollila Pinkhasov September 22, 2009 Department of Community Development Requested Inspection Brandon Campos Housing Quality Inspector Department of Community Development 1302 NW 54 ST Miami, FL Upon my inspection I found the building in very good condition, with minor exterior and interior work to be done. On the exterior there is a section of glass blocks with one broken out. Also on the exterior there is one florescent light lens and one high pressure sodium security light lens broken. The interior of the building is full of food and beverage coolers and equipment. The interior work that I found to be done is approximately 30 ceiling tiles to be replaced. Some tiles have visible water stains on them, but there are no visible stains on the flooring, which indicates that the ceiling stains are most likely existing. I am not sure if building has roof leaks. Other interior work to be done is minor electrical, plumbing and HVAC. Attachments: Photos Brandon Campos