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HomeMy WebLinkAboutCRA-R-23-0029 Back upFiling # 143362727 E-Filed 02/05/2022 03:40:53 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA PEARL ZELDIN and MOSES M. ZELDIN, as Trustees of the Pearl Zeldin Revocable Trust Agreement Dated April 12, 2005, as amended; JOHN FIORELLA and SHARON FIORELLA, husband and wife; FREEDOM MANAGEMENT, LLC, a Florida Limited Liability Company; 8164878 CANADA INC., a Canadian Corporation; 169838 CANADA INC., a Canadian Corporation; CHRIS KLEIN; REBACK INVESTMENTS, LLC, a Florida Limited Liability Company; TAUBEN INVESTMENT NEVADA, INC., a Nevada Corporation; and STANLEY MARKOFSKY and MATTHEW MARKOFSKY, as Co -Trustees of the Rose Mark Revocable Trust dated April 19, 1990 for the benefit of Paula Mark Plaintiffs, v. ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not - For -Profit Corporation; DEPARTMENT OF THE TREASURY — INTERNAL REVENUE SERVICE; UNKNOWN TENANT(S) IN POSSESSION OF PARCEL 1, IF ANY; UNKNOWN TENANT(S) IN POSSESSION OF PARCEL 2 IF ANY; And UNKNOWN TENANT(S) IN POSSESSION OF PARCEL 3, IF ANY. Defendants. Page 1 of 10 Case No.: VERIFIED COMPLAINT FOR MORTGAGE FORECLOSURE COMES NOW, Plaintiffs, PEARL ZELDIN and MOSES M. ZELDIN, as Trustees of the Pearl Zeldin Revocable Trust Agreement Dated April 12, 2005, as amended; JOHN FIORELLA and SHARON FIORELLA, husband and wife; FREEDOM MANAGEMENT, LLC, a Florida Limited Liability Company; 8164878 CANADA INC., a Canadian Corporation; 169838 CANADA INC., a Canadian Corporation; CHRIS KLEIN; REBACK INVESTMENTS, LLC, a Florida Limited Liability Company; TAUBEN INVESTMENT NEVADA, INC., a Nevada Corporation; and STANLEY MARKOFSKY and MATTHEW MARKOFSKY, as Co - Trustees of the Rose Mark Revocable Trust dated April 19,1990 for the benefit of Paula Mark (hereinafter collectively "Plaintiffs"), by and through their undersigned counsel file this claim against Defendants, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation; DEPARTMENT OF THE TREASURY — INTERNAL REVENUE SERVICE; UNKNOWN TENANT(S) IN POSSESSION OF PARCEL 1, IF ANY; UNKNOWN TENANT(S) IN POSSESSION OF PARCEL 2, IF ANY; and UNKNOWN TENANT(S) IN POSSESSION OF PARCEL 3, IF ANY, and state: COUNT 1- FORECLOSURE 1. This is an action to foreclose a Mortgage on real properties located in Miami - Dade County, Florida, and more particularly described as follows: PARCEL 1 THE EAST 10 FEET OF THE SOUTH 30 FEET OF THE NORTH 148 FEET OF LOT 19, AND THE SOUTH 30 FEET OF THE NORTH 148 FEET OF LOT 20, BLOCK 2, OF SOST'S SUBDIVISION OF LOT NO. ONE (1), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "B", PAGE 27, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. Page 2 of 10 Folio Number: 01-3136-037-0140 Physical Address: 1322 N.W. 3rd Avenue, Miami, FL 33136 PARCEL 2 LOT 17 AND LOT 18, BLOCK 2, OF SOST'S SUBDIVISION OF LOT NO. ONE (1), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "B", PAGE 27, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. Folio Number: 01-3136-037-0090 Physical Address: 331 N.W. 13th• Street, Miami, FL 33136 PARCEL 3 THE SOUTH 60 FEET OF LOT 20 AND THE SOUTH 60 FEET OF THE EAST 10 FEET OF LOT 19, BLOCK 2, OF SOST'S SUBDIVISION OF LOT NO. ONE (1), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK "B", PAGE 27, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Folio Number: 01-3136-037-0130 Physical Address: 1300 N.W. 3''d Avenue, Miami, FL 33136 (the "Properties"). 2. Legal title to the Properties in Miami -Dade County, Florida encumbered by the Mortgage is now vested in Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation. 3. Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, is the owner of real properties located in Miami -Dade County, Florida that is the subject of this action. 4. On or about January 12, 2018, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, executed and delivered to Taylor Made Lending, LLC, a Florida Limited Liability Company, a Promissory Note in the principal sum of One Million Six Hundred Thousand Dollars ($1,600,000.00), and a Mortgage securing payment of the Note, which Page 3 of 10 was assigned pursuant to the Assigmnent of Mortgage and Allonge to Plaintiffs. A true and correct copy of the Note, Allonge, and the Mortgage recorded in Official Records Book 30834, at Page 123, the Assigmnent of Rents and Leases recorded in Official Records Book 30834, at Page 135, and the Assigmnent of Mortgage recorded in Official Records Book 30846, at Page 734, all of the Public Records of Miami -Dade County, Florida, are attached hereto, made a part hereof and marked as Composite Exhibit "A" to this Complaint. 5. Plaintiffs presently own and hold the subject Note and Mortgage. 6. The Mortgage and Promissory Note are in default since Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not - For -Profit Corporation, failed to pay the monthly interest payment due October 1, 2021, in the amount of $16,000.00, as well as the required Real Estate Tax Escrow payments, and all sums that accrue thereafter to the Plaintiffs. Since the Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, has failed to maintain the Real Estate Tax Escrow, there currently exists one (1) Delinquent Tax Certificate for Year 2019 in the amount of $39,385.95 based on the amount due February 28, 2022, for Parcel 2; one (1) Delinquent Tax Certificate for Year 2020 in the amount of $41,027.39 based on the amount due by February 28, 2022 for Parcel 2; and one (1) Delinquent Tax Certificate for Year 2020 in the amount of $10,891.13 based on the amount due by February 28, 2022 for Parcel 3. In addition, the Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, has failed to maintain the required insurance on the Subject Properties, pursuant to the Mortgage, which is a violation of same. Furthermore, the Mortgage and Promissory Note matured on January 12, 2020, and the Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, did not satisfy the Principal Balance due in the amount of $1,600,000.00. Page 4 of 10 7. Attached hereto and marked as Exhibit "B" is the default and acceleration notice delivered to Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation. 8. In addition, Plaintiffs have and/or hereby accelerate payment of the Promissory Note balance and declare the fiill amount payable under the Promissory Note and Mortgage to be immediately due and payable. 9. The Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, owes Plaintiffs the sum of $1,600,000.00 that is due on principal on the Promissory Note and Mortgage. Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, further owes any interest thereon from September 1, 2021, late charges, title search expense for ascertaining necessary parties to this action, title examination, filing fees, service of process, and attorney's fees and costs. 10. Plaintiffs have retained the law firm of Bruce Hornstein, P.A. to represent them in this action and is obligated to pay it a reasonable fee for its services. 11. Pursuant to 15 U.S.C. Section 1692 ("Fair Debt Collection Practices Act"), you are hereby notified that the amount of the debt is stated hereinabove. The amount of the debt stated in this Complaint is believed to be due and owing by the debtor(s), Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation. Plaintiffs are the creditors to whom the debt is owed and Taylor Made Lending, LLC, a Florida Limited Liability Company, is the servicing agent for the creditors. The debt described in this Complaint and evidenced by the attached Promissory Note and Mortgage will be assumed to be valid by the Plaintiffs' attorneys unless the said debtor(s), within thirty (30) days after receipt of these suit papers, disputes the validity of the debt, or any portion thereof, in writing. If the debtor(s) notifies Plaintiffs' attorneys, then said attorneys will obtain a verification of the debt and a copy of the verification will be mailed to the debtor(s). The name of the original creditor is set forth in the Mortgage and Promissory Note attached. If the Plaintiffs are the Page 5 of 10 assignees of the Mortgage then upon written request within thirty (30) days from the receipt of this suit, the address of the original creditor will be mailed to the debtor(s). Written request should be mailed to the attorney whose name. and address are shown at the end of this Complaint. The law does not require the Plaintiffs' attorneys to wait until the end of the thirty -day period before proceeding in this lawsuit to collect this debt. If, however, the debtor requests proof of the debt or the name and address of the original creditor within the thirty - day period which begins with your receipt of the Summons and this Mortgage Foreclosure Complaint, the law requires Plaintiffs' attorneys to suspend their efforts (through this lawsuit or otherwise) to collect the debt until they mail the requested information to the debtor(s). 12. The Mortgage and/or Florida law allows for the appointment of a Receiver to preserve the Properties and collect the rent and pay the bills, including Plaintiffs' Mortgage, cost of the receivership and other reasonable and necessary costs. If Plaintiffs deem this necessary, they will file a Notice of Hearing of such appointment pursuant to Rule 1.620 of the Florida Rules of Civil Procedure and applicable Florida Statute. 13. None of the individual Defendants are in the military service of the United States of America or any of its allies as of the service of this suit upon them. Therefore, none of the individual Defendants are entitled to protection under the Soldier's and Sailor's Civil Relief Act of the United States of America, 50 U.S.C. 510, et seq. 14. All conditions precedent to the bringing of this action have been performed, have occurred and/or have otherwise been waived. 15. The following Defendants may claim an interest in the Properties by virtue of the following, although all such rights and/or interest are inferior and subordinate to that of the Plaintiffs: a) Defendant, DEPARTMENT OF THE TREASURY — INTERNAL REVENUE SERVICE, may claim some right, title or interest in the subject properties by virtue of a Notice of Federal Tax Lien recorded in Page 6 of 10 Official Records Book 32615, at Page 863, of the Public Records of Miami -Dade County, Florida, as amended. Said interest, if any, is subject and inferior to the lien of Plaintiffs' Mortgage. b) PARCEL 1 may be in the possession and/or control of Defendant, UNKNOWN TENANT(S) IN POSSESSION OF PARCEL 1, whom may claim some right, title or interest in the subject property through a written or verbal lease agreement. Also, any present or future rights to buy or own or purchase said property, or any alleged present ownership interest is junior, inferior and subordinate to the Plaintiffs. Any such claims of Unknown Tenant(s) In Possession Of Parcel 1 are junior, inferior and is subject to that of Plaintiffs' Mortgage Lien. c) PARCEL 2 may be in the possession and/or control of Defendant, UNKNOWN TENANT(S) IN POSSESSION OF PARCEL 2, whom may claim some right, title or interest in the subject property through a written or verbal lease agreement. Also, any present or future rights to buy or own or purchase said property, or any alleged present ownership interest is junior, inferior and subordinate to the Plaintiffs. Any such claims of Unknown Tenant(s) In Possession Of Parcel 2 are junior, inferior and is subject to that of Plaintiffs' Mortgage Lien. d) PARCEL 3 may be in the possession and/or control of Defendant, UNKNOWN TENANT(S) IN POSSESSION OF PARCEL 3, whom may claim some right, title or interest in the subject property through a written or verbal lease agreement. Also, any present or future rights to buy or own or purchase said property, or any alleged present ownership interest is junior, inferior and subordinate to the Plaintiffs. Any such claims of Unknown Tenant(s) In Possession Of Parcel 3, inferior and is subject to that of Plaintiffs' Mortgage Lien. WHEREFORE, the Plaintiffs, respectfully request as follows: Page 7 of 10 a) That this Court take jurisdiction of this cause, the subject matter and the parties to this action; b) That this Court ascertain and determine the sums of money due and payable to the Plaintiffs, including principal, interest, late charges, attorney's fees and costs; c) That the sum of money found to be due and payable be decreed by this Court to be a lien upon the Properties; d) That such lien be foreclosed in accordance with the rules and established practices of this Court, and upon the failure of the payment of the amount found to be due to the Plaintiffs, that the Properties be sold to satisfy the Plaintiffs' lien; e) That this Court decree that the lien of the Plaintiffs, is superior to any and all right, title and interest of the Defendants or any persons or parties claiming by, through or under them since the institution of this suit and the filing of the Lis Pendens; f) That all right, title, and interest of all Defendants or any persons or parties claiming by, through or under them be forever barred and foreclosed; g) That in the event a deficiency occurs, the Court shall award a Deficiency Judgment; h) Plaintiffs demand a judgment declaring the rights of the parties and for supplemental relief; and i) That the Court grants such other and further relief as it deems proper. TO ALL DEFENDANTS: PLEASE READ THE ATTACHED NOTICE, LABELED EXHIBIT "C", WHICH CONTAINS IMPORTANT INFORMATION IF YOU WANT TO DISPUTE THE VALIDITY OF THE DEBT WHICH PLAINTIFFS ARE ATTEMPTING TO COLLECT IN THIS LAWSUIT. Respectfully submitted by: /S/Bruce H. Hornstein Bruce H. Hornstein, Esq. For the Firm Bruce Hornstein, P.A. Page 8 of 10 Attorneys for Plaintiffs 6961 Indian Creek Drive Miami Beach, FL 33141 (305) 397-8476 FBN: 987300 bhornstein@hornsteinpa.com hornsteinpa.com lawyer@homsteinpa.com hornsteinpa.com legalassist@homsteinpa.com Page 9 of 10 VERIFICATION Under the penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. By: Matthew Markofsky Its: Manager Taylor Made Lending, LLC, a Florida Limited Liability Company, The Servicer for the Plaintiffs, PEARL ZELDIN and MOSES M. ZELDIN, as Trustees of the Pearl Zeldin Revocable Trust Agreement Dated April 12, 2005, as amended; JOHN FIORELLA and SHARON FIORELLA, husband and wife; FREEDOM MANAGEMENT, LLC, a Florida Limited Liability Company; 8164878 CANADA INC., a Canadian Corporation; 169838 CANADA INC., a Canadian Corporation; CHRIS KLEIN; REBACK INVESTMENTS, LLC, a Florida Limited Liability Company; TAUBEN INVESTMENT NEVADA, INC., a Nevada Corporation; and STANLEY MARKOFSKY and MATTHEW MARKOFSKY, as Co -Trustees of the Rose Mark Revocable Trust dated April 19,. 1990 for the benefit of Paula Mark Page 10 of 10 EXHIBIT 44A,1 CFN: 20180039051 BOOK 30834 PAGE 123 DATE:01/19/2018 09:06:10 AM MTG DOC 5,600.00 INTANGIBLE 3,200.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY PREPARED BY AND RETURN TO: Joel S. Piotrkowski, Esq. Green & Piotricowslri, PL,LC 317 -- 71 ' Street Miami Beach, Florida 33141 THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR TIIE PRINCIPAL BALANCE DUE UPON ivIATUI2ITY IS 51,600,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEIVIENTSIVIADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE, MORTGAGE THIS MORTGAGE effective as of January I4,2018, between ST. JOHN INSTITUTIONAL. MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation, whose mailing address 1328 N.W. 3rd Ave.. Miami, FL 33136, hereinafter called the Mortgagor, parry of the first part, and Taylor Mack tending, LLC, a Florida. Limited Liability Company, of 1400 E. Oakland Park Boulevard, Suite 103, Ft. Lauderdale, Florida 33334, hereinafter called the Mortgagee, party of the second. part; (Tile terra "Mortgagor" as used in every instance shall include the Mortgagor's heirs, executors, administrators, successors, legal representatives and assigns, either voluntary by an act of the parties, or involuntary by operation of law, and shall denote the single and/or plural, the masculine and/or feminine, and natural rand/or artificial persons whenever and wherever the context so requires or admits.) W1TN1SSETH: THAT, for good and valuable considerations, and to secure the payment of the aggregate sum named in the note of even date herewith as hereinafter described (the term Note as hereafter used shall denote the singular if one note, or the plural if more than one note, secured by this Mortgage) together with interest thereon and all other sums of money secured hereby as hereinafter provided, the Mortgagor does hereby grant, bargain, sell, alienate, remise, release, convey and confirm unto the Mortgagee in fee simple, the following described real property of winch the Mortgage is now seized and possessed, and in actual possession, situate in the County of MIAMI-DADIa, State of Florida, to wit: Sec Exhibit "A" attached and made a part hereof. TOGETHER with all structures and improvements now and hereafter on said land, and the fixtures attached thereto; and the easements, riparian and littoral rights and appurtenances thereunto belonging, or in any wise appertaining; and all rent, issues, proceeds and profits accruing and to accrue from said premises; and all gas and electric fixtures; heaters, air conditioning equipment, generators, machinery, boilers, ranges, elevators and motors, plumbing fixtures and hardware, window screens, screen doors, venetian blinds, storm shutters and awnings, pool pumps and motors, if any; and all other heating, cooking, refrigerating, plumbing, cooling ventilating, irrigating and powering systems and appliances which are now or may initials:, ''ii--"- , CFN: 20180039051 BOOK 30834 PAGE 124 hereafter pertain to or be used with, in or on said premises though they may be either detached or detachable. TOGETHER with all furniture, furnishings, fixtures and equipment contained in or appurtenant to said premises, or which may hereafter from time to time be placed herein, :and any substitution or replacement thereof. TO HAVE AND to hold the same, together with the tenements, heredita naents and appurtenances, unto the said Mortgagee, in fee simple. AND THE SAID MORTGAGOR does hereby covenant with Mortgagee that said Mortgagor is indefeasibly seized with the absolute and fee simple title to said property, that this is a first Mortgage encumbering said property, and hes full power and lawful authority to sell, convey, transfer and mortgage the snide; that it shall be lawful at any time hereafter for the Mortgagee to peaceably and quietly crater upon, hold and occupy said property; that said property is free and discharged from all other and prior liens, assessments, judgments, taxes and encumbrances; that saki Mortgagor will make such further assurances to perfect the fee simple title to said land in the Mortgagee as env reasonably be required and that said Mortgagor does hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS that if the Mortgagor shall pay unto the Mortgagee the sum of money aggregating $ i,600,000.00, mentioned in the Note in the manner as therein specified (see copy attached hereto and made o part thereof) and shall pay all other sums provided to be paid by this Mortgage, and shrill perform, comply with and abide by nil the stipulations, agreements, conditions and covenants of said Note and of this Mortgage, then this Mortgage and the estate hereby created shall cease and be null and void. AND THE IvIORTGAOOR does hereby further covenant and agree as follows; 1. To pay all and singular the principal and interest end other sums of money payable by virtue of said Note and this Mortgage, or either-, promptly on the days respectively the same become severally due, 2. To pay all and singular taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said described property, each and every when due and payable according to law, prior to March 1" of each year and provide written evidence thereof to Mortgagee by such date. The Mortgagee may pay the same without waiting or effecting the option to foreclose, or any right hereunder and every payment so made shall hear interest from the date thereof at the maxlmurn rate allowed by law. 3. Mortgagor shall be obligated to obtain and maintain comprehensive public Liability insurance policies for bodily injury or death occurring in or about the property which must be issued in .favor of Mortgagee, with limits of at least $1,000,000.00 in the case of bodily injury or death to one person and $2,000,000.00 in any one occurrence. L�itials; 2 CFN: 20180039051 BOOK 30834 PAGE 125 With respect to the foregoing insurance coverage, the following criteria (collectively referred to as the "Insurance Standards") shall Apply: (a) Mortgagee nitist receive satisfactory evidence of premium payments and an insurance binder or corxunitment. (b) Mortgagee shall be named as mortgagee, loss payee and AS to liability coverage, an additional insured, es the case may be. (c) All insurance companies must be reasonably satisfactory to Mortgagee. All insurance shall be issued by an insurance company reasonably acceptable to Mortgagee and having a General Policy holder's Rating of A-X or better per A.M. Best and Company's Key rating Guide or such rating as acceptable to Mortgagee itt Mortgagee's sole discretion. 4. To keep the buildings now or hereafter on said land and the fixtures and personal property therein contained insured, in a company or companies approved by the Mortgagee, against loss by ire, windstorm, flood and such other casualties that Mortgagee may require, for such period and for not less than such amount as Mortgagee may require, and to pay promptly when due all premiums for such insurance. Mortgagor agrees to deliver renewal or replacement policies of any nature or replacement; certificates of insurance to the Mortgagee at. least ten t1.0) days prior to the expiration or anniversary date of the crusting policies. The nrnowits cf insurance required by the Mortgagee shall be the minimum amounts for which said insurance shall be written and it shall be incumbent upon the Mortgagor to maintain such additional insurance as may be necessary to meet and comply fully with all co-insurance requirements contained in said policies to the end that Mortgagor is not a co-insuror thereunder. The policy or policies shall be held by and be payable to said Mortgagee and the Mortgagee shall have the option to receive and apply said payment on ttecatmt of the indebtedness hereby secured, or permit the Mortgagor to receive or use it or any part thereof, for any purpose without thereby waiving or impairing the equity, lien or right under and by virtue of this Mortgage and may place and pay such insurance or any part thereof: without waiving or affecting the option to foreclose or any right hereunder, and each such payment shall boar interest at the maximum rate allowed by law. 5, To permit, commit or suffer no waste, impairment, abandonment, or deterioration of said property, or any part thereof, and upon the failure of the Mortgagor to keep the buildings and personal property in good condition or repair, the Mortgagee may demand the immediate repair of said property or increase in the amount of security, or the immediate repayment of the debt hereby secured, and failure of the Mortgagor to comply with said demand of the Mortgagee for a period of fifteen (5) days shall constitute a breach of this Mortgage, and at the option of the Mortgagee immediately mature the entire amount of principal and interest hereby secured and the ivMortgagee, immediately and without notice may insgtute proceedings to foreclose this Mortgage and apply for the appointment of a Receiver, as hereinafter provided. 6. To perform, comply with and abide by all the stipulations, agreements, conditions and covcnartts ire said Note and the Mortgage set forth. trdtiulxs 3 CFN: 20180039051 BOOK 30834 PAGE 126 7. To comply with the subdivision restrictions and the municipal zoning ordinances applicable to the mortgaged property; not to erect or permit to be erected any new buildings on the premises herein mortgaged or to add to or permit to he added to, make or permit to be made, any structural alterations to arty of the existing improvements thereon without the written consent of the Mortgagee, and in the event of any violation or attempt to violate these stipulations, or any of them, this Mortgage and all stuns secured hereby shall immediately become due and payable at the option of the Mortgagee. S. That in case of a default in any of the trims of this Mortgage and the fling of a bill to foreclose this or any other mortgage encumbering the within described property, the Mortgagee shall be entitled to apply at any time without notice, pending such foreclosure suit, to the court having jurisdiction thereof for the appointment of a receiver of all and singular the mortgaged property, and of all the rents, incomes, profits, issues and revenues thereof, from whatsoever source derived; and thereupon it is hereby expressly covenanted and agreed that the court shall forthwith appoint a receiver of said mortgaged property, all and singular, and time!) rents, incomes, profits, issues and revenues thereof, from whatsoever source derived, with the usual powers and duties of receivers in ti]ce cases; and such appointment shall be made by such court its u matter of strict rightto the Mortgagee, and without reference to the adequacy or inadequacy of the value of the property hereby mortgaged, or to the solvency or insolvency of the Mortgagor, and that such rents, profits, incomes, issues and revenues shall be applied by such receiver to the payment of the mortgage indebtedness, costs and charges, according to the order of such court. g. That in the event of the ownership of the mortgaged premises, or any part thereof, becomes vested in a person other than the Mortgagor, the Mortgagee may without notice to the ivlortgagor deal with such successor or successors in interest with reference to this Mortgage and the debt hereby secured in the same manner as with the Mortgagor, without in any way vitiating or discharging the Mortgagor's liability hereunder or upon the debt hereby secured. No sale of the premises hereby mortgaged and no forbearance on the part of the Mortgagee and no extension of the time for the payment of the debt hereby secured given by the Mortgagee shall operate to release, discharge, modify, change or affect the original liability of the Mortgagor herein, either in whole or in part, 10. If all or any part of the property or nn interest therein which is encumbered by this Mortgage is sold or transferred by Mortgagor without Mortgagee's prior written consent, which consent may be withheld in Mortgagee's sole and absolute discretion, all the sums secured by this mortgage slutl be immediately due and payable. Additionally, Mortgagor may not further encumber all or part of the property which is the subject of this Mortgage without express written consent of the Mortgagee, which consent may be withheld in the Mortgagee's sole and absolute discretion. 11. That time is of the essence of this mortgage and that no waiver of any obligation hereunder, or of the obligation secured hereby, shall at any time thereafter be held to be a waiver of the terms hereof or of the note secured hereby. Initials; ( - 4 CFN: 20180039051 BOOK 30834 PAGE 127 t2. if a foreclosure proceedings should be instituted on any mortgage inferior to this mortgage or if any foreclosure or proceeding is instituted on any lien of any kind, the Mortgagee may At its option immediately or thereafter declare this mortgage and the indebtedness secured hereby due and payable. 13, That if any of the sums of money herein referred to be not promptly and fully paid within fifteen (15) days next after the sane severally become due and payable, or if all the stipulations, agreements, conditions and covenants of said note and this mortgage, or either, arc not duly performed, complied with and abided by, the aggregate sum unpaid under said note and this mortgage shall become due and payable forthwith, or thereafter, at the option of the Mortgagee, as fully and completely as if said aggregate sum of money were originally stipulated to be paid on such day, anything in said note or in this mortgage to the contrary notwithstanding. Thereafter, the Mortgagee, at its option, may without further demand foreclose this Mortgage by judicial proceeding. 14. That in order to accelerate the maturity of the indebtedness hereby secured because of the failure of the Mortgagor to pay any tax nsaessrnent, liability, or obligation, or encumbrance upon said property as herein provided, it shall not be necessary nor requisite that the Mortgagee shall first pay the same, 15. That the mailing of a written notice of demand, addressed to the owner of record of the mortgaged premises, directly to geld owner at the last address actually furnished to the lvfortgagee, or directed to the said owner et said mortgaged premises, and mailed by the United States mail, shall be sufficient notice and demand in any case arising under this instrument and required by provisions hereof or by law. 16. Should the validity or lien of this mortgage or the note secured thereby be contested by litigation or otherwise, the Mortgagor agrees to pay to the Mortgagee the cost of defending the same including a reasonable attorney's fee and attorneys' fees on appeals. 17. To pay all and singular the costs, charges and expenses, including attorney's fees, reasonably incurred or paid at any time by the Mortgagee, because of the failure of the Mortgagor to perform, comply with and abide by all the stipulations, agreements, conditions and covenants of said note and this mortgage, or either, and every such payment shall bear interest from such date at the maximum rate allowed by law. 18. It is understood and agreed that the Mortgagee may at any time, without notice to any person, grant to the Mortgagor any modification of any kind or nature whatsoever, release any person liable for the payment of any indebtedness secured hereby, or allow any change or changes, substitution or substitutions of tiny of the property described in this mortgage or any other collateral which may 'be held by the lvlortgagee without in any manner affecting the liability of the Mortgagor, any endorsers of the indebtedness hereby secured or any other person for the payment of said indebtedness together with interest, and any other sums which may be due and payable to the 1vlortgagee, and also without in any manner affecting or impairing the lien of this mortgage upon the remainder of the property and other collateral which is not changed or substituted; and it is also understood and agreed that the Mortgagee may at any time, without Initiuts: 5 CFN: 20180039051 BOOK 30834 PAGE 128 notice to any person, release any portion of the property described in this mortgage or any other collateral, or any portion of any other collateral which may be held as security for the payment of the indebtedness hereby secured, either with or without a consideration for such release or releases, without in any manner affecting the liability of the Mortgagor, ail endorsers, if any, and all other persons who are or shall be liable for the payment of said indebtedness and, without affecting, disturbing or impairing in uny nuance whatsoever the validity and priority for the lien of this mortgage for the full amount of the indebtedness remaining unpaid, together with all interest and advances which shall become payable upon the entire remainder of the mortgaged property which is ianreleased and without in any manner affecting or impairing to the extent whatsoever any and all collateral security which tinny be held by the Mortgagee. It is distinctly understood and agreed by the Mortgagor and the Mortgagee that any release or releases may be trade by the Mortgagee without the consent or approval of any other person or persons whomsoever. 19. Any agreement hereafter made by the Mortgagor and Mortgagee pursuant to this mortgage shall be superior to the rights of the holder of any intervening lien or encumbrance, 20. That it is the intent hereof to secure payment of said notice and obligation whether the entire amount shrill have been advanced to the Mortgagor at the date hereof, or at a later date, and to secure any other amount or amounts that may be added to the mortgage indebtedness under the terms of this instrument or ndvnnced in the future. The total amount or indebtedness secured hereby rimy decrease or increase from time to time but the total unpaid balance so secured at any one time shrill not exceed twice the original principal sum secured hereby, plus interest thereon and any disbursements made for any payment of taxes, levies, insurance premiums or advances made by the Mortgagee as herein elsewhere provided for the protection of the property covered by the lien of this mortgage, with interest thereon; and this mortgage shall secure any and ail additional or further monies which may be advanced by the Mortgagee to the Mortgagor after the dnte hereof, which future advances of money, if made shall be evidenced by a note or notes executed by the Mortgagor to the Mortgagee bearing such rule of interest and with such maturities as shall be determined from time to Banc, but any and ail such future advances secured by this mortgage shall be made not more than twenty (20) years atter the date hereof Nothing herein contained shall be deemed an obligation on the port of the Mortgagee to make any future advances, 21, That in the event the premises hereby mortgaged or any part hereof shall be condemned and taken under the power of eminent domain, the Mortgagee shall have the right to demand that all damages awarded for the taking of or damages to said premises shall be paid to the Mortgagee, his successor or assigns, up to the amount then unpaid on this mortgage and may be applied upon the payment or payments last payable thereon, 22. It is expressly stipulated and agreed to be the intent of Mortgagee and Mortgagor at all tines to comply with the npplicablc law governing tlac highest lawful interest rate. If the applicable law is ever judicially interpreted so as to render usurious any amount called for under the note or under any of the other loan documents, or contracted for, charged, taken, reserved or received with respect to the loan, or if acceleration of the maturity of the note, any prepayment by Mortgagor, or any other circumstance whatsoever, results its Mortgagor heaving paid any Initials. 6 CFN: 20180039051 BOOK 30834 PAGE 129 interest in excess of that permitted by applicable law, then it is the express intent of Mortgagor and Mortgagee that all excess amounts theretofore collected by Mortgagee be Credited on the principal balance of the note (or, at Mortgagee's option, paid over to Mortgagor), and the provisions of the note and other loan documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder )reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder, The dght to accelerate maturity of the note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Mortgagee does not intend to collect any anearned interest in the event of acceleration. All suns paid or agreed to be paid tc Mortgagee for the use, forbearance or detention of the secured obligation evidenced hereby or by the note shall, to the extent permitted by appIIcable law, be amortized, prorated, allocated and spread throughout the full term of such secured obligation until payment in full so that the rate or amount of interest on account of such secured obligation does not exceed the maximum rate or amount of interest permitted under applicable law, The term "applicable law" as used herein shall mean any federal or state law applicable to the loan. 23. hi the event the holder of this Mortgage or an undivided interest in this lvl;ortguge is now or in the future n trust, the Mortgagor does hereby confirm unto the Trustee the power and authority either to protect, conserve, and to sell, or to lease or to encumber, or otherwise to manage and dispose of the real property described herein, 24, On or before the date hereof, Mortgagor shall deposit with Mortgagee an amount equal to 1l120' of the amount which Mortgagee estimates will be required to make the next annual payment of taxes, assessments, and ,sivailar governmental charges referred to in this Mortgage, multiplied by the number of whole or partial months that have elapsed since the date one month prior to the most regent due date for such taxes, assessments and similar governmental charges. Thereafter, with each monthly payment under the note, Mortgagor shall deposit with Mortgagee an amount equal to 1/1.2 of the amount which Mortgagee estimates will be required to pay the next annual payment of tuxes, assessments, and sintilur governmental charges referred to in this Mortgage. The purpose of this provision is to provide Mortgagee with sufficient funds on hand to pay all such taxes, assessments, and other governmental charges thirty (30) days before the date on which they become past du& If the Mortgagee, in its sole discretion, determines that the funds escrowed hereunder are, or will be, insufficient, Mortgagor shall upon demand pay such additional sums as Mortgagee shall determine necessary and shall pay any increased monthly charges requested by Mortgagee. Provided no default or event of default exists hereunder, Mortgagee will apply the amounts so deposited to the payment of such taxes, assessments, and other charges when due, but in no event will Mortgagee be liable for any interest on any amount so deposited, and any amount so deposited may be held and commingled with Mortgagee's own funds, 25. Except as may be prohibited by law, Mortgagee tied Mortgagor hereby knowingly, voluntarily and intentionally waive the right any may have to a jury trial in respect to arty litigation based hereon, or arising out of, under or in connection with this Mortgage or the note, or any agreement or instrument contemplated to be executed in conjnnetion herewith, or any course of conduct, course of dealing, statements (whether oral or written) or actions of either btitlnis CFN: 20180030051 BOOK 30834 PAGE 130 party. This provision is a material inducement for the Mortgagee extending credit to Mortgagor. If the subject matter of any litigation is one in which the waiver of a trial by jury is prohibited, Mortgagor shall not present as a non -compulsory counterclaim in such litigation any claim arising under any loan document. Furtinermorre, Mortgagor shall not seek to consolidate any action in which n jury trial has been waived with any litigation in which a jury trial cannot be waived. 26. Payments are deemed received by the Mortgagee when received at the location designated in the Note or at such other location as may be designated by the Mortgagee. Mortgagee may return any payment if the payment is insufficient to bring the Mortgage current. Mortgagee may accept any payment insufficient to bring the Mortgage current, without waiver of any rights herein or prejudice to its rights to refuse such payment in the future, but Mortgagee is not obligated to apply such payments at the time such payments are accepted. Mortgagee may hold such unapplied funds until Mortgagor makes payment to bring the Mortgage current and not pay interest on unapplied funds. if not applied curlier, any unapplied funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Mortgagor might have now or in the future against Mortgagee shall relieve Mortgagor from making payments due under the Note and the Mortgage or performing the covenants and agreements secured by this Mortgage. All payments accepted and applied by Mortgagee shall he applied in the following order of priority; (a) interest due under the Not (b) Late Fees; (c) Default Interest; (d) amounts due for escrows for real estate taxes and insurance, if applicable; and any other amounts due and owing to the Mortgagee; and (e) principal due under the Note. IN WITNESS WHEREOF, the Mortgagor on the day and year first above written has executed these presents under seal. THIS IS A, BALLOON MORTGAGE AND TIM FINAL PRINCIPAL PAYMENT OR THE PR,INCIPA.L BALANCE OUI UPON MATURITY IS $1,600,00U.00, TOGETILER WITH ACCRUED INTEREST, ]l" ANY, AND ALL ADVANCEMENTS rYIADE BY'f lE MORTGAGEE UNDER THE TERMS OF'F 1S MORTGAGE. Initials; (See Signature Page Attached) 8 CFN: 20180039051 BOOK 30834 PAGE 131 Witnessed: STATE OF FLORIDA COUNTY OF MIAMI-DALE ST. JOHN INSTITUTIONAL MISSIONARY I3APTIST CHURCH, 1NC„ a Florida Not for Profit Corporation .2 DY:JA 1 4i-.45AM S, Pteth tf-d re( :SS The foregoing instrument was acknowledged before January, 2018, by JAMBS D. ADAMS, as President of ST IVIISSIONARY BAPTIST CHURCH, INC., a Florida Not for_ personally known to me or who has pmduc who did take an oath. - - • , - 0/111ELLE PADUA I‘ ..• 1,:Nary f'ut)Ile - fittfe of Marla ' : t.ly Coom, Explres Jul 7, 21119 `•,1 HII it Efond:?(I tlimotifqi!liolu.1;h:ory it.,.1f • Initials: 9 ubIic nt nie this day of . JOHN INSTITUTIONAL Profit Corporation, who is ,as identification and CFN: 20180039051 BOOK 30834 PAGE 134 and/or interest when. due, the whole sum of principal and interest remaining unpaid shall, at the option of the holder, become immediately due end payable. The provisions of this Note and of all agreements between maker and holder are, whether now existing or hereinafter made, hereby expressly limited so that in no contingency or event whatever, whether by reason of acceleration of the maturity hereof, prepayment, demand for payment or otherwise, shall the amount paid, or agreed to be paid, to holder for the use, forbearance, or detention of the principal hereof or interest hereon, which remains unpaid from time to time, exceed the maximum amount permissible under applicable law, it particularly being the intention of the parties hereto to conform strictly to Florida and Federal law, whichever is applicable. If from any circumstance whatever, the perfomaance or fulfillment of any provision hereof or of any other agreement between maker and holder shall, at the time performance or fulfillment of such provision is due, involve or purport to require any payment in excess of the limits prescribed by law, then the obligation to be performed or Wiled is hereby reduced to the limit of such validity, and if from any circumstance whatever holder should ever receive as interest an amount which would exceed the highest lawful rate, the arnount which would be excessive interest shall be applied to the reduction of the principal balance owing hereunder (or, at holder's option, be paid over to maker) and shall not be counted as interest. To the extent permitted by applicable law, determination of the legal maximum amount of interest shall at all times be made by amortizing, prorating, allocating wad spreading in equal parts during the period of the full stated term of this Note, all interest at any time contracted for, charged, or received from maker in connection with this Note and all other agreements between maker and holder, so that the actual rate of interest on account of the indebtedness represented by this Note Is uniform throughout the terra hereof. ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CINCH', INC., a Florida Not for Profit Co ' oration 8Y: S D. ADAMS, reside STATE OF FLORIDA ) :SS COUNTY OFMIAMI-DADS ) The foregoing instrument was acknowledged before me this l df"r i� day oaf January, 2018, by JAMES D. ADAMS, as President of ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Fltrlida t fgr •rofit Corporation, who is personally known to me or who hes produced " e t.' as identification and who did take an oath, / ... ...• • • 1. ublic �" i�/ill.. ... .... ... ..... ..• «.'2I .' FADUA it ;, s i,i-,rr,rt, ,r,;,jte - ai•hi of Florida !: " ?ft . Jf17. -.m:.:j' t 7 is t •1111 7, ':'d' < _iliriil; !!:'lien:aitl�.".!•:.i?r:f'iiCil,:r''�:a�;�t� °il.. CFN: 20180039051 BOOK 30834 PAGE 132 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: The East 10 feet of the South 30 feet of the North 148 feet of Lot 19, and the South 30 feet of the North 148 feet of Lot 20, Block 2, of SOST'S SUBDNIS1014 OF LOT NO. ONE- (I), according to the Plat thereof, as recorded In Plat Book "B", Pagc 27, of the Public Records of Minm.i-Dade County, Florida. Parcel 2: Lot 17 and Lot 18, Block 2, of SOST'S SUBDIVISION OF LOT NO. ONE (1), according to the Plat thereof, as recorded in flat Boots B, Page 27, of tl,c Public Records of Miami -Dade County, Florida. Parcel 3: The South 60 feet of Lot 20 and the South 60 feet of the East ID feet of Lot 19, Block 2, SOST'S SUBDIVISION OF LOT NO. ONE (1), according to the plat thereof, as recorded in Plat Book "B", Page 27, of the Public Records of Miami -bade County, Florida, InRIots: 10 CFN: 20180039051 BOOK 30834 PAGE 133 $1,600.900.00 PROMISSORY NOTE Miami, Florida Effective its of January /,,, 2018 FOR VALUE RECEIVED, the undersigned promises to pay to the order of Taylor Made Lending, LLC, a Florida Limited Liability Company, the principal sum of One Million Six Hundred Thousand and No/100 ($1,600,000.00) Dollars, together with Interest thereon from the above date at the rate of Twelve (12%) percent per annum until maturity, said interest being payable monthly on the first day of eucli and every month, both principal and interest being payable in lawful money of the United States at 1400 E. Oakland Dark Boulevard, Suite 103, Pt. Lauderdale, FL 33334, or et such other place as the holder hereof may designate in writing. Interest payments only shall be due in installments of Sixteen Thousand and No/100 ($16,000.00) Dollars each month on (he first day of each and every month, beginning on the 1' day of March, 2018, and continuing unlit said principal and interest have been paid. Each Installment payment shall be credited first to the interest then due; and the remainder on principal; and interest shall thereupon cease upon the principal so credited. Interest payments shall be calculated on a three hundred sixty (360) day year. This Note shall mature on January ?',L 2020, at which time the unpaid principal indebtedness evidenced hereby plus accrued and unpaid interest shall be due and payable in full forthwith without notice. This Note may be prepaid in whole or in part prior to maturity without penalty, however, a partial prepayment shall not relieve the maker from making the next scheduled payment due hereunder_ Each maker and endorser severally waives demand, protest and notice of maturity, non-payment or protest anti elt requirements necessary to hold each of them liable as makers and endorsers. Each maker and endorser further agrees, jointly and severally, to pay all costs of collection, including a reasonable attorney's fee in case the principal of thin Note or any payment on the principal or any interest thereon is not paid at the respective maturity thereof, or in case it becomes necessary to protect the security hereof whether suit be brought or not. lithe Note holder has not received the full amount of any payment by the end often (10) calendar days after the date it is due, including, without limitation, the unpaid balance due at the maturity adds Note, the rakcr'shall be obligated to. pay a bite fee equal to five (5%) percent of the delthquent payment. In the event ofa default, the unpaid principal balance shall bear interest at the highest rate allowable by law from the date of the default. After the may of a Judgment by the Court, the Judgment Amount will bear interest at the rate of Twenty -Five (25%) Percent per annutn. This Nate is secured by a First Mortgage of even date herewith and is to be construed and enforced according to the laws of the State of Florida; upon default in the payment of principal CFN: 20180039051 BOOK 30834 PAGE 134 who did take an oath. and/or interest when due, the whale sum of principal end interest remaining unpaid shall, at the option of the holder, become immediately due and payable. The provisions of this Note and of all agreements between milker and holder are, whether now existing or hereinafter made, hereby expressly limited do that in no contingency or event whatever, whether by reason of acceleration of the maturity hereof, prepayment, demand for payment or otherwise, shall the amount paid, or agreed to be paid, to holder for the use, forbearance, or detention of the principal hereof or interest hereon, which remains unpaid from time to time, exceed the maximum amount permissible under applicable law, it particularly being the intention of the parties hereto to conform strictly to Florida and ,federal Iuw, wiziclicver is applicable, If from any circumstance whatever, the performance or fulfillment of any provision hereof or of any other agreement between maker and holder shall, at the time performance or fulfillment of such provision is due, involve or purport to require any payment in excess of the limits prescribed by law, then the obligation to be performed or fulfilled is hereby reduced to the limit of such validity, and if from any circumstance whatever holder should ever receive as interest art amount which would exceed the highest lawful rate, the runount which would be excessive interest shall be applied to the reduction of the principal balance owing hereunder (or, at holder's option, be paid over to maker) and shall not be counted as interest. To the extent permitted by applicable law, determination of the legal maximum amount of interest shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during the period of' the full stated term of this Note, all interest at arty time contracted for, charged, or received from matter in connection with this Note and all other ugreements between maker and holder, so that the actual rate of interest on account of the indebtedness represented by this Note is unifonn throughout the term hereof. ST. JOHN INSTITUTIONAL. MISSIONARY BAPTIST CHURCFJ, INC., u Florida Not for Profit Co oration. J' F'S D. ADA.MS, ' side STATE OF FLORIDA COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before uie this l.-5a day of January, ?O t S, by JAMES D. ADAMS, as President of ST. JOHN INSTITUTIONAL MISSI.ONARY BAPTIST CHURCH INC. it FJ 'da t € ;rofit Corporation, lebo is personally known to me or who has produced " as identification and • ,ry;;` ';;', LA,i�:t"LLw F, OUA ', IS ri _, • _ !: of Florida 1.,, ,` t .y. (-,..i1:!iiSGlr,O 1' I i : 17:i1 J j, 3s o. i �;y l: 2 'Ira nit:•' c;.,-,d;; itl; '' i , , a:?r ;ita. , ALLONGE This Allonge to Promissory Note dated theJ2t1' day of January, 2018, by ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation, in favor of Taylor Made Lending, LLC, a Florida Limited Liability Company. The undersigned does hereby endorse without recourse or representation and warranty and assign and transfer the foregoing Promissory Note to Pearl Zeldin and. Moses M. Zeldin, Trustees of the Pearl Zeldin Revocable Trust Agreement dated April 12, 2005, as amended, as to an undivided 18.75% interest; John and Sharon Fiorella, husband and wife, as to an undivided 15.62% interest; Freedom Management, LLC, a Florida Limited Liability Company, as to an undivided 12.50% interest; 816487.8 Canada Inc., a Canadian Corporation, as to an undivided 12.50% interest; 169838 Canada Inc., a Canadian Corporation, as to an undivided 9.38% interest; Chris Klein, as to an undivided 9.38% interest; Reback Investments, LLC, a Florida Limited Liability Company, as to an undivided 9.38% interest; Tauben Investment Nevada, Inc., a Nevada .Corporation, as to an undivided 6.71 % interest; and Stanley Markofsky and Matthew Markofsky, as Co -Trustees of the Rose Mark Revocable Trust dated April 19, 1990 for the benefit of Paula Mark, as to an undivided 5.78% interest. Dated this at - day of January, 2018. TAYLOR MADE LENDING, LLC, a Florida Limited Liability Company By: 911,C144,. MatthewMarkofsky, Manager CFN: 20180039052 BOOK 30834 PAGE 135 DATE:01/19/2018 09:06:10 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY PREPARED BY AND RETURN TO: Joel S. Piotrkowskt, Esquire Green & Plotxlcowsld, PLLC 317 — 71II' Street Miami Beach, FL 33141 ASSIGN1 ENT OF RENTS AND LEASES KNOW ALL MEN BY THESE PRESENTS that ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation, whose ntailirug address 1328 N.W. 3' Ave., Man,;, FL 33136 (hereinafter referred to as the "Assignor"), in consideration for the sum of TEN DOLLARS ($10.00) paid by Taylor Made Lending, LLC, a Florida Limited Liability Company, whose address is 1400 E. Oakland Park Blvd., Suite 103, Ft, Lauderdale, FL 33334 (hereinafter refereed to as the ``Assignee"), hereby conveys, transfers and ussigns unto the Assignee, its successors and assigns, all the rights, interest and privileges which the Assignor, as Lessor, has and may have in the leases now existing or hereafter made and affecting the real property described below or any part thereof (the "Premises"), including, but not limited to, the louses pertaining to the premises, as said leases inay have been, or may from time to time be. hereafter, inodifed, extended and renewed, with nil rents, income and profits due and becoming due therefrom. The Assignor will, upon request of the Assignee, execute assignments of any future leases affecting any part of the Premises, A. This Assignment of Rents and Leases (this "Assignment") is trade as additional security for the payment of that certain Promissory Note (the "Note") matte by Assignor, and Mortgngc (the "Mortgage") dated the date hereof (told all extensions or modifications thereof) made by Assignor to Assignee. The Note is in the total principal sum of One Million Six Hundred Thousand and No/100 ($1,600,000.00) Dollars with interest, covering real property situated in the County of MIAM1.DADE, State of Florida, and described as follows: See Exhibit "A" attached hereto and made a part hereof (the "Pretnises"), and the acceptance of this Assignment and the collection of rents or the payments under the leases hereby assigned shall not constitute a waiver of any rights of the Assignee under the terms of the Note and the Mortgage, B. It is expressly understood and agreed by the parties hereto that before default occurs under the terms of the Note and Mortgage, Assignor shall have the right to collect said. rents, income and profits from the aforementioned leases and to retain, use and enjoy the same, provided, however, that even before default occurs, no rent more than one (1) month in advance shall be collected or accepted without the prior written eonscnt of the Assignee. Anything to the contrary notwithstanding, Assignor hereby assigns to Assignee any award made hereafter to it in any court procedure involving any of the lessees in any bankruptcy, insolvency, Or reorganization proceedings in any state or Federal court; and any and all payments made by lessees in lieu of rent. Initials: CFN: 20180039052 BOOK 30834 PAGE 136 C. Assignor agrees and acknowledges that it ntny not enter into any lease pertaining to the Premises ar any part thereof without the express written consent of the Assignee, which consent may be withheld in the Assignee's sole and absolute discretion. D. The Assignor, in the event of default in the performance of any of the terms and conditions of the Note Auld Mortgage, hereby authorizes the Assignee, at its option to enter and take possession of the Premises and to manage and operate the sartte, to collect all or any rents accruing therefrom and from said leases, to let or re -let said Premises or any part hereof, to cancel and modify leases, evict tenants, bring or defend any suits in connection with the possession of said Premises in its own name or Assignor's name, make repairs as Assignee deems opproprinte, and performs such other acts in connection with the management and operation of the premises as the Assignee, in its discretion, may deem proper. E. The receipt by the Assignee of any rents, issues or profits pursuant to this instillment after the institution of foreclosure proceedings under the Mortgage shall not cure such default nor affect such proceedings or any sale pursuant thereto, Nothing contained in this Assignment and no act done or omitted by the Assignee pursuant to the powers and rights granted it hereunder shall be deemed to be a waiver by the Assignee of its rights and remedies under the Note and Mortgage or under any other instrument executed or assented to by Assignor incident to the making of the Loan, and this Assignment is made and accepted without prejudice to any of the rights and remedies possessed by the Assignee under the terms of the Note and Mortgage or under any other instrument executed or assented to by Assignor incident to the making of the Loan. Furthermore, the collection and application of the rents, issues and profits to the indebtedness secured by the Mortgage or as otherwise above provided shall not constitute a waiver by Assignee of any default which might at the time of such application or thereafter exist under the Mortgage or Note or such other instruments and the payment of the indebtedness secured by the Mortgage may be accelerated in accordance with its terms, notwithstanding such application. F. Assignee shall not be obligated to perform or discharge any obligation or duty to be performed or discharged by Assignor under any of said leases, and the Assignor hereby agrees to indemnify the Assignee for, and to save it harmless from, any and all liability arising from any of said leases or from this Assignment, and this Assignment shall not place responsibility for the control, care, management or repair of the Premises upon the Assignee, or make the Assignee responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Premises resulting in loss, injury or death of any tenant, licensee, employee or stranger. Without limiting the generality of the foregoing, in no event shall the Assignee be liable for the performance or discharge of any obligations expressly assumed by it as provided in this Assignment ar an assignment or other transfer by the Assignee of its interests hereunder or in the Premises covered by the Mortgage to arty other party. Furthermore, it is agreed that, in the event of any such assumption by the Assignee of the Assignor's obligations, any party, thereafter and by reason of such assumption having a claim agahnst the Assignee, agrees to look eolely to the Assignee's interest in the Prernisee covered by said Mortgage for recovery of any judgment against the Assignee, It being understood that the Assignee shall never be personalty liable for any such judgment or for the payment of any monetary obligation to any such party. Initials. 2 CFN: 20180039052 BOOK 30834 PAGE 137 Anything to the contrary notwithstanding, Assignor hereby assigns to Assignee any award made hereafter to it in any court procedure involving any of the lessees in any bankruptcy, insolvency, or reorganization proceedings in any state or Federal court; and any and nil payments made by lessees in lieu of rent. Assignor hereby appoints Assignee as its irrevocable nttorney.in- feet to appear in any notion and/or to collect any such award or payment. G. Assignor hereby authorizes the Assignee to give written notice of this Assignment at any time to any tenant under any lease of any part of the Premises, The Assignor hereby authorizes and directs the tenants named in any lenses of the premises described therein or in the Mortgage, upon receipt from the Assignee of written notice to the effect that the Assignee is Cheri the holder of the Note and Mortgage and this Assignment end stating that a default exists under any of the provisions of one or ail of such instruments, to pay aver to the Assignee all rents, income and profits arising or accruing under such leases or from the premises described therein or III the Mortgage and to continue to do so until otherwise notified by the Assignee. Assignor agrees that any such tenant or occupant shall have the right to rely upon any such notice by Assignee without any obligation or right to inquire as to whether any such dcfnult actually exists and notwithstanding any notice from or claim of Assignor to the contrary, and that Assignor shall have no right or claim against any such tenant or occupant for any such rents paid by any such tenant or occupant to Assignee following receipt of such notice. H. Violation of any of the covenants, representations and provisions contained herein by the Assignor shall be deemed a default under the terms of the Note and Mortgage. I. Default by the Assignor under any of the terms of the lenses assigned herein shall be deemed a default under the terms of the Note and Mortgage. Any expenditures made by time Assignee in curing such a default on the Assignor's behalf, with interest thereon at the highest per aunum rate permitted by law for which it is now lawful to contract, shall become part of the debt secured by these presents, J. The full performance of the Mortgage and the duly recorded satisfaction or full release or rcconveynnce of the property described therein shall render this Assignment autornaticolly void with respect to the Premises or portion thereof described in any such satisfaction or release. K. The net proceeds collected by the Assignee under the terms of this Assignment shalt be applied fast to the costs of collection, then late charges, interest and then to principal, however, such application shall not cure any outstanding default. L. This Assignment applies to and binds the parties hereto and their respective heirs, administrators, executors, successors and assigns, as well as any subsequent owner of the real estate described herein and any Assignee of tare Mortgage referred to herein, M, Notwithstanding any provision herein to the contrary, this Assignment is intended to be an absolute assignment from Assignor to Assignee and not merely a passing of a security Initials: 3 CFN: 20180039052 BOOK 30834 PAGE 138 interest. The rents and lenses are hereby assigned absolutely by Assignor to Assignee pursuant to the provisions of Florida Statutes §597.07, contingent only upon the occurrence of a default. N. The terms and conditions of this Assignment and the rights, obligations and duties thereunder shall be construed and enforced in accordance with the laws of the State of Florida, O. In the event of foreclosure of the Mortgage by sale or otherwise, Assignee is hereby authorized to sell the lessor's interest in any leases together with the Premises coveted by the Mortgage or to assign the same without consideration to the purchaser at any such sale or to any other claimant to title to the Premises by virtue of foreclosure of the Mortgage; and there shall be no liability to account to Assignor for arty rents or profits accruing after the foreclosure of the Mortgage. P. Assignor hereby agrees to execute and deliver to Assignee such further instruments and documents as, from time to time during the existence of this Assignment, Assignee may reasonably require in order to perfect die interest and rights of Assignee twder this Assignment. In cage of any conflict between the terms of this instrument and the terms of the Mortgage, the terms of the Mortgage shall prevail. Assignee may, at its election, cause this Assignment to be made a matter of public record in such public offices es Assignee may elect, all costs of filing or recording to be borne by Assignor. Q. No remedy or right conferred upon the Assignee by operation of law, by this Assignment, the Note, the Mortgage or by any other instrument executed ar assented to by Assignor incident to the snaking of the Loan is intended to be, nor shall it be, inclusive of any other right or remedy, but each and every such remedy or right shall be cumulative and shall be in addition to every other remedy ar right conferred upon Assignor, and each and every such remedy or right may be pursued by Assignee in such manner and order, together or separately, and at such tunes as Assignee may elect. R. If any term ox provision of this Assignment, or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this Assignment, or the application of such term or provision to parsons or circumstances other than those as to which it is hold invalid ar unenforceable, shall not be affected thereby, and each term and provisions of this Assignment shall be valid and in force to the full extent permitted by law, S. Whenever, by terms of this Assignment, notice shall ar may be given either to Assignor ar Assignee, such notice shall be in writing and shall be sent as provided in the Mortgage. T. The term "leases" as used herein shall mean any lease relating to any portion of the Premises covered by the Mortgage, if and when any. U, This Assignment applies to and binds the parties hereto and their respective heirs, administrators, executors, successors and assigns, as well as any subsequent owner of the Premises described herein and any assignee of the Mortgage referred to herein. Initials: 4 CFN: 20180039052 BOOK 30834 PAGE 139 e V. In the event the holder of this Assignment or tut- undivided interest in this Assignment is now or in the figure a trust, the Assignor does hereby confirm unto the Trustee Cite power and authority either to protect, conserve, and to sell, or ro tease or to encumber, or otherwise to manage and dispose of the real property described herein. IN WITNESS WHEREOF, the said Assignor has signed and sealed this instruntont effective as of the ]'may of January, 2018. Witnessed: erne: rit Nance; ST, JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation CLOCk.2-••- BY: )( 17C:I v_— STATE OF FLORIDA ) ;SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged January, 2018, by JAMES D. ADAMS, as President MISSIONARY BAPTIST CHURCH, INC,, ri Flan t, N personally known to me or who has produced who did tape an oath. "'^i-tL• PADUA •• +,rn:c - St.tu of Florida Commission t+/ FF 247516 ;,pt fL My Comm, Explros Jul 7, Pn1p iiot Initials: 5 before me this I A-- day of of ST, JOHN INSTITUTIONAL Profit Corporation, who Is as identification and CFN: 20180039052 BOOK 30834 PAGE 140 T,X1N1131r' "A„ 1,13GAL DCSCRITPTION Parcel I: The Cast 10 feet of the South 30 feet of the North 148 feet of Lot 19, and tho South 30 feet of the North 148 feet of Lot 20, Block 2, of SOST'S SUBDIVISION OF LOT NO. ONB (1), according to the Plat thereof, as recorded in Plat Book "B", Page 27, of the Public Records of Ivliarni-Dade County, Florida, Parcel 2: Lot 17 and Lot 18, Block 2, of SOST'S SUBDIVISION OF LOT NO. ONE (1), according to the Piet thereof, as recorded in Plat Book B, Page 27, of the Public Records of IvIltuni»Dade County, Florida. Parcel 3: The South 60 feet of Lot 20 and the South 60 feet of the Past 10 feet of Lot 19, Block 2, SQST'S SUBDIVISION OF LOT NO. ONE (L), according to the plat thereof, as recorded in Plat Book "B", Page 27, of the Public Records of Iv larni-Dade County, Florida. Initials• 6 CFN: 20180061306 BOOK 30846 PAGE 734 DATE:01/30/2018 08:26:50 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Prepared by and Return to: Joel S. Piotrkowski, Esquire Green & Piotrkowski, PLLC 3 17 — 71m Street Miami Beach, FL 33141 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That TAYLOR MADE LENDING, LLC, a Florida Limited Liability Company ("Assignor"), in consideration of One Million Six Hundred Thousand and No/100 ($1,600,000,00) Dollars and other good and valuable consideration received from or on behalf of Pearl Zeldin and Moses M. Zeldin, Trustees of the Pearl Zeldin Revocable Trust Agreement dated April 12, 2005, as amended, as to an undivided 18.75% interest; John and Sharon Fiorella, husband and wife, as to an undivided 15.62% interest; Freedom Management, LLC, a Florida Limited Liability Company, as to an undivided 12.50% interest; 8164878 Canada Inc., a Canadian Corporation, as to an undivided 12.50% interest; 169838 Canada Inc., a Canadian Corporation, as to an undivided 9.38% interest; Chris Klein, as to an undivided 9.38% interest; Reback Investments, LLC, a Florida Limited Liability Company, as to an undivided 9.38% interest; Tauben Investment Nevada, Inc., a Nevada. Corporation, as to an undivided 6.71% interest; and Stanley Markofsky and Matthew Markofsky, as Co -Trustees of the Rose Mark Revocable Trust dated. April 19, 1990 for the benefit of Paula Mark, as to an undivided 5,78% interest ("Assignee"), at or before the ensealing and delivery of these presents, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto Assignee all of Assignor's rights, title and interest in and to that certain Mortgage from ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation, in favor of Taylor Made Lending, LLC, a Florida Limited Liability Company, dated January 12, 2018, and recorded January 19, 2018, in Official Records Book 30834, at Page 123, of the Public Records of Miami -Dade County, Florida, which relates to the following described real property: See Exhibit "A" attached hereto and made a part hereof. TOGETHER with the note(s) or obligation(s) described in the above doctunents, and the monies due and to become due thereon; TO HAVE AND TO HOLD the same unto Assignee, their successors and assigns forever. THIS ASSIGNMENT is made without recourse to the Assignor. IN WITNESS WHEREOF, Assignor has caused these presents to be executed as of this 24[h day of January, 2018. (See Signature Page Attached) CFN: 20180061306 BOOK 30846 PAGE 735 Signed, Sealed and Delivered in. the presence of: Print Name: TAYLOR MADE LENDING, LLC, a Florida Limited Liability Company 616 �. J / _ By:. j* 9AA Print Name: STATE OF FLORIDA. ) :SS. Matthew Markofsky, Manager COUNTY OF BROWARD ) The foregoing instrument was acknowledged before ine this li` day of January, 2018, by Matthew Markofsky, as Manager, of Taylor Made Lending, LLC, a Florida Limited Liability Company, Wl o__is personally iamn to me or who has produced as identification and who did take an oath. y L. TEDESCO MY COMMISSION 6 FFE107934 NotPunomnor dTm//Notary bkUar �a J,(„6 w- Notary Public CFN: 20180061306 BOOK 30846 PAGE 736 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: The East 10 feet of the South 30 feet of the North 148 feet of Lot 19, and the South 30 feet of the North 148 feet of Lot 20, I3locic 2, of SOST'S .SUBDIVISION OF LOT NO. ONE (1), according to the Plat thereof, as recorded in Plat Book "I3", Page 27, of the Public Records of Miami -Dade County, Florida. Parcel 2: Lot 17 and Lot 18, Block 2, of SOST'S SUBDIVISION OF LOT NO. ONE (1), according to the Plat thereof, as recorded in Plat Book B, Page 27, of the Public Records of Miami -Dade County, Florida. Parcel 3: The South 60 feet of Lot 20 and the South 60 feet of the East 10 feet of Lot 19, Block 2, SOST'S SUBDIVISION OF LOT NO. ONE (1), according to the plat thereof, as recorded in Plat Book "B", Page 27, of the Public Records ofMiami-Dade County, Florida. EXHIBIT 44B,, LAW OFFICES Green & Piotrkowski, PLLC A Professional Limited Liability Company 317 SEVENTY-FIRST STREET MIAMI BEACH, FLORIDA 33141 Marvin M. Green (Deceased) Jeffrey R. Hall Joel S. Piotrkowski E-MAIL: joel@gkppa.com OFFICE: 305- 865-4314 December 21, 2021 Via Federal Express and Regular Mail: ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC. Attention: Walter Dennis, Vice -President 1328 N.W. 3rd Avenue Miami, FL 33136 Via Federal Express and Regular Mail: ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC. Attention: Walter Dennis, Vice -President 3530 N.W. 179th Street Miami, FL 33056 Via Federal Express and Regular Mail: ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC. Attention: Cecily Robinson-Duffie, Esquire 18851 N.E. 29t1i Avenue, Suite 700 Aventura, FL 33180 Re: $1,600,000.00 Loan dated January 12, 2018 (the "Loan") from Taylor Made Lending, LLC, a Florida Limited Liability Company, to ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation (the `Borrower"), which Loan was assigned to Pearl Zeldin and Moses M. Zeldin, Trustees of the Pearl Zeldin Revocable Trust Agreement dated April 12, 2005, as amended, as to an undivided 18.75% interest; John and Sharon Fiorella, husband and wife, as to an undivided 15.62% interest; Freedom Management, LLC, a Florida Limited Liability Company, as to an undivided 12.50% interest; 8164878 Canada Inc., a Canadian Corporation, as to an undivided 12.50% interest; 169838 Canada Inc., a Canadian Corporation, as to an undivided 9.38% interest; Chris Klein, as to an undivided 9.38% interest; Reback Investments, LLC, a Florida Limited Liability Company, as to an undivided 9.38% interest; Tauben Investment Nevada, Inc., a Nevada Corporation, as to an undivided 6.71% interest; and Stanley Markofsky and Matthew Markofsky, as Co -Trustees of the Rose Mark Revocable Trust dated April 19, 1990 for the benefit of Paula Mark, as to an undivided 5.78% interest (the "Lender"), with respect to the Mortgage on the following real property: See Exhibit "A" attached hereto and made a part hereof (the "Property"). Mr. Dennis: This office represents the Lender, Pearl Zeldin and Moses M. Zeldin, Trustees of the Pearl Zeldin Revocable Trust Agreement dated April 12, 2005, as amended, as to an undivided 18.75% interest; John and Sharon Fiorella, husband and wife, as to an undivided 15.62% interest; Freedom Management, LLC, a Florida Limited Liability Company, as to an undivided 12.50% interest; 8164878 Canada Inc., a Canadian Corporation, as to an undivided 12.50% interest; 169838 Canada Inc., a Canadian Corporation, as to an undivided 9.38% interest; Chris Klein, as to an undivided 9.38% interest; Reback Investments, LLC, a Florida Limited Liability Company, as to an undivided 9.38% interest; Tauben Investment Nevada, Inc., a Nevada Corporation, as to an undivided 6.71% interest; and Stanley Markofsky and Matthew Markofsky, as Co -Trustees of the Rose Mark Revocable Trust dated April 19, 1990 for the benefit of Paula Mark, as to an undivided 5.78% interest, in connection with the Loan as described herein. You have failed to make the following payments: Interest Payment Due 10/1/2021 Interest Payment Due 11/1/2021 Interest Payment Due 12/1/2021 $16,000.00 $16,000.00 $16,000.00 Total Due: $48,000.00 The failure to make the aforesaid payments pursuant to the Note, and Mortgage dated January 12, 2018 (the "Loan Documents") is a violation of the Loan Documents. Also, there is one (1) Delinquent Tax Certificate for Year 2019 in the amount of $39,385.95 based on the amount due by December 30, 2021, and two (2) Delinquent Tax Certificates for Year 2020 in the amount of $51,918.52 based on the amount due by December 30, 2021. In addition, your failure to maintain the insurance on the subject property, pursuant to the Mortgage and Note dated January 12, 2018 is a violation of the Loan Documents. Furthermore, your Mortgage has matured and you are to pay off and satisfy the mortgage in full, plus accrued interest within thirty (30) days from the above date, or the Lender will pursue its remedies authorized under Florida law which include, but are not limited to, filing a foreclosure in the Circuit Court. The foregoing constitutes defaults under the Loan Documents ("Defaults"). As a result of the Defaults, Lender hereby elects to accelerate the Loan. Please be advised that the Defaults may not constitute all current defaults under the Loan and nothing contained in this Letter shall be deemed to be an acceptance by Lender of any other current default or a waiver of Lender's right to enforce any other current or future default under the Loan. As a result of the Defaults, the Loan has been accruing interest and will continue to accrue interest at the Default Rate specified in the Promissory Note, and the Borrower is liable for the late charges, attorney's fees and costs, and collection expenses incurred by the Lender, and any and all other sums specified in the Loan Documents (the "Payoff Amount"). As of the date of this Ietter, the amount due is as follows: -Principal $1,600,000.00 -Accrued Interest through 10/1/2021 @ 12.00% interest $ 16,000.00 -Accrued Interest through 11/1/2021 @ 12,00% interest $ 16,000.00 -Accrued Interest through 12/1/2021 @ 12.00% interest $ 16,000.00 TOTAL DUE: $1,648,000.00 This is an attempt to collect a debt. Any information obtained will be used for that purpose. 2 We are providing you with the following information in accordance with the Fair Debt Collection Practices Act: 1. Unless you, within thirty (30) days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid. 2. If you notify us in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt and a copy of such verification will be mailed to you by us. 3. Upon your written request within thirty (30) days, we will provide you with the name and address of the original creditor, if different from the current creditor. The foregoing infonnation pertains only to verification of indebtedness. It does not mean that you have thirty (30) days to comply with the demands set forth in this letter. If you notify the firm in writing that you advise the fire to cease contact by telephone at your place of employment, then no such further contact shall be made. If you refuse to pay the debt or you wish the firm to cease further communication with you, then the firm shall not communicate further with you in respect to the debt, except to advise you that the creditor may invoke specified remedies which are ordinarily invoked by the firm or to notify you that the creditor intends to invoke a specified remedy permitted by law. PLEASE GOVERN YOURSELF ACCORDINGLY. Very truly yo s, JSP:ss JOEL S. PIOTRKOWSKI Filing # 143632835 E-Filed 02/09/2022 05:18:38 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA TAYLOR MADE LENDING, LLC, a Florida Limited Liability Company Case No.: Plaintiff, v. ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not - For -Profit Corporation; MINT CONDOMINIUM ASSOCIATION, INC., a Florida Not -For -Profit Corporation; THE RIVER FRONT MASTER ASSOCIATION, INC., a Florida Not -For -Profit Corporation; AGE OF EMPIRE INC, a Florida Corporation; B & B CONCEPT DESIGNS, INC, a Florida Corporation; and UNKNOWN IENANT(S) IN POSSESSION OF THE SUBJECT PROPERTY, IF ANY. Defendants. VERIFIED COMPLAINT FOR MORTGAGE FORECLOSURE COMES NOW, Plaintiff, TAYLOR MADE LENDING, LLC, a Florida Limited Liability Company (hereinafter "Plaintiff'), by and through its undersigned counsel file this claim against Defendants, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation; MINT CONDOMINIUM ASSOCIATION, INC., a Florida Not -For -Profit Corporation; THE RIVER FRONT MASTER ASSOCIATION, INC., a Florida Not -For -Profit Corporation; AGE OF EMPIRE INC, a Florida Corporation; B & B CONCEPT DESIGNS, INC, a Florida Corporation; and UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT PROPERTY, IF ANY, and state: Page 1 of 8 COUNT 1- FORECLOSURE 1. This is an action to foreclose a Mortgage on real property located in Miami -Dade County, Florida, and more particularly described as follows: UNIT NO. 5204, OF MINT CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 27248, PAGE 1, AND ALL EXHIBITS AND AMENDMENTS THEREOF, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Folio Number: 01-4137-069-1800 Physical Address: 92 S.W. 3rd Street, Unit 5204, Miami, FL 33130 (the "Property"). 2. Legal title to the Property in Miami -Dade County, Florida encumbered by the Mortgage is now vested in Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation. 3. Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, is the owner of real property located in Miami -Dade County, Florida that is the subject of this action. 4. On or about April 21, 2017, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, executed and delivered to Taylor Made Lending, LLC, a Florida Limited Liability Company, a Promissory Note in the principal sum of Eight Hundred Forty Five Thousand Dollars ($845,000.00), and a Mortgage securing payment of the Note, which was assigned pursuant to the Assignment of Mortgages and Allonges to Plaintiff A true and correct copy of the Note, Allonges, and the Mortgage recorded in Official Records Book 30514, at Page 1800, the Assignment of Rents and Leases recorded in Official Records Book 30514, at Page 1812, and the Assignment of Mortgages recorded in Official Records Book 30518, at Page 3342, and recorded in Official Records Book 32981, at Page 350, respectively, all of the Public Page 2 of 8 Records of Miami -Dade County, Florida, are attached hereto, made a part hereof and marked as Composite Exhibit "A" to this Complaint. 5. Plaintiff presently owns and holds the subject Note and Mortgage. 6. The Mortgage and Promissory Note are in default since Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not - For -Profit Corporation, failed to pay the monthly interest payment due December 1, 2021, in the amount of $7,745.83, and all sums that accrue each month thereafter to the Plaintiff. In addition, the Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not - For -Profit Corporation, has failed to maintain the required Real Estate Tax Escrow. Therefore, the Year 2020 Delinquent Real Estate Taxes due in the amount of $22,466.69, if paid by February 28, 2022, have not been paid due to the fact that the Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, has failed to pay the required Real Estate Tax Escrow Payments. Furthermore, the Mortgage and Promissory Note matured on April 21, 2019, and the Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not - For -Profit Corporation, did not satisfy the Principal Balance due in the amount of $845,000.00. 7. Attached hereto and marked as Exhibit "B" is the default and acceleration notice delivered to Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation. 8. In addition, Plaintiff has and/or hereby accelerates payment of the Promissory Note balance and declares the full amount payable under the Promissory Note and Mortgage to be immediately due and payable. 9. The Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, owes Plaintiff the sum of $845,000.00 that is due on principal on the Promissory Note and Mortgage. Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation, further owes interest thereon from Page 3 of 8 November 1, 2021, late charges, title search expense for ascertaining necessary parties to this action, title examination, filing fees, service of process, and attorney's fees and costs. 10. Plaintiff has retained the law firm of Bruce Hornstein, P.A. to represent it in this action and is obligated to pay it a reasonable fee for its services. 11. Pursuant to 15 U.S.C. Section 1692 ("Fair Debt Collection Practices Act"), you are hereby notified that the amount of the debt is stated hereinabove. The amount of the debt stated in this Complaint is believed to be due and owing by the debtor(s), Defendant, ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not -For -Profit Corporation. Plaintiff is the creditor to whom the debt is owed. The debt described in this Complaint and evidenced by the attached Promissory Note and Mortgage will be assumed to be valid by the Plaintiff's attorneys unless the said debtor(s), within thirty (30) days after receipt of these suit papers, disputes the validity of the debt, or any portion thereof, in writing. If the debtor(s) notifies Plaintiff's attorneys, then said attorneys will obtain a verification of the debt and a copy of the verification will be mailed to the debtor(s). The name of the original creditor is set forth in the Mortgage and Promissory Note attached. If the Plaintiff is the assignee of the Mortgage then upon written request within thirty (30) days from the receipt of this suit, the address of the original creditor will be mailed to the debtor(s). Written request should be mailed to the attorney whose name and address are shown at the end of this Complaint. The law does not require the Plaintiff's attorneys to wait until the end of the thirty -day period before proceeding in this lawsuit to collect this debt. If, however, the debtor requests proof of the debt or the name and address of the original creditor within the thirty -day period which begins with your receipt of the Summons and this Mortgage Foreclosure Complaint, the law requires Plaintiff's attorneys to suspend their efforts (through this lawsuit or otherwise) to collect the debt until they mail the requested information to the debtor(s). 12. The Mortgage and/or Florida law allows for the appointment of a Receiver to preserve the Property and collect the rent and pay the bills, including Plaintiff's Page 4 of 8 Mortgage, cost of the receivership and other reasonable and necessary costs. If Plaintiff deems this necessary, it will file a Notice of Hearing of such appointment pursuant to Rule 1.620 of the Florida Rules of Civil Procedure and applicable Florida Statute. 13. None of the individual Defendants are in the military service of the United States of America or any of its allies as of the service of this suit upon them. Therefore, none of the individual Defendants are entitled to protection under the Soldier's and Sailor's Civil Relief Act of the United States of America, 50 U.S.C. 510, et seq. 14. All conditions precedent to the bringing of this action have been performed, have occurred, and/or have otherwise been waived. 15. The following Defendants may claim an interest in the Property by virtue of the following, although all such rights and/or interest are inferior and subordinate to that of the Plaintiff: a) Defendant, MINT CONDOMINIUM ASSOCIATION, INC, a Florida Not -For -Profit Corporation, may claim some right, title or interest in the subject property by virtue of any unpaid dues and/or assessments and/or the Declaration recorded in Official Records Book 27248, at Page 1, of the Public Records of Miami -Dade County, Florida, as amended. Said interest, if any, is subject and inferior to the lien of Plaintiff s Mortgage. b) Defendant, THE RIVER FRONT MASTER ASSOCIATION, INC., a Florida Not -For -Profit Corporation, may claim some right, title or interest in the subject property by virtue of any unpaid dues and/or assessments and/or the Declaration recorded in Official Records Book 30267, at Page 4796, of the Public Records of Miami -Dade County, Florida, as amended. Said interest, if any, is subject and inferior to the lien of Plaintiff's Mortgage. c) Defendant, AGE OF EMPIRE INC, a Florida Corporation, may claim some right, title or interest in the subject property by virtue of a Notice of Commencement recorded in Official Records Book 32483, at Page 357, Page 5 of 8 of the Public Records of Miami -Dade County, Florida. Said interest, if any, is subject to and inferior to the lien of Plaintiff's Mortgage. d) Defendant, B & B CONCEPT DESIGNS, INC., a Florida Corporation, may claim some right, title or interest in the subject property by virtue of a Notice of Commencement recorded in Official Records Book 32320, at Page 3118, of the Public Records of Miami -Dade County, Florida. Said interest, if any, is subject to and inferior to the lien of Plaintiff's Mortgage. e) The Property may be in the possession and/or control of Defendant, UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT PROPERTY, whom may claim some right, title or interest in the subject property through a written or verbal lease agreement. Also, any present or future rights to buy or own or purchase said property, or any alleged present ownership interest is junior, inferior and subordinate to the Plaintiff. Any such claims of Unknown Tenant(s) In Possession Of The Subject Property are junior, inferior and is subject to that of Plaintiff's Mortgage Lien. WHEREFORE, the Plaintiff, respectfully requests as follows: a) That this Court take jurisdiction of this cause, the subject matter and the parties to this action; b) That this Court ascertain and determine the sums of money due and payable to the Plaintiff, including principal, interest, late charges, attorney's fees and costs; c) That the sum of money found to be due and payable be decreed by this Court to be a lien upon the Property; d) That such lien be foreclosed in accordance with the rules and established practices of this Court, and upon the failure of the payment of the amount found to be due to the Plaintiff, that the Property be sold to satisfy the Plaintiff's lien; Page 6 of 8 e) That this Court decree that the lien of the Plaintiff, is superior to any and all right, title and interest of the Defendants or any persons or parties claiming by, through or under them since the institution of this suit and the filing of the Lis Pendens; f) That all right, title, and interest of all Defendants or any persons or parties claiming by, through or under them be forever barred and foreclosed; g) That in the event a deficiency occurs, the Court shall award a Deficiency Judgment; h) Plaintiff demands a judgment declaring the rights of the parties and for supplemental relief; and i) That the Court grants such other and further relief as it deems proper. TO ALL DEFENDANTS: PLEASE READ THE ATTACHED NOTICE, LABELED EXHIBIT "C", WHICH CONTAINS IMPORTANT INFORMATION IF YOU WANT TO DISPUTE THE VALIDITY OF THE DEBT WHICH PLAINTIFF IS ATTEMPTING TO COLLECT IN THIS LAWSUIT. Respectfully submitted by: /S/Bruce H. Hornstein Bruce H. Hornstein, Esq. For the Firm Bruce Hornstein, P.A. Attorneys for Plaintiff 6961 Indian Creek Drive Miami Beach, FL 33141 (305) 397-8476 FBN: 987300 bornstein@hornsteinpa.com lawyers ,,hornsteinpa.com legalassist@hornsteinpa.com Page 7 of 8 VERIFICATION Under the penalty of peiju y, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. By: Matthew Markofsky Its: Manager Taylor Made Lending, LLC, a Florida Limited Liability Company, the Plaintiff Page 8 of 8 VERIFICATION Under the penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. By: Matthew Markofsky Its: Manager Taylor Made Lending, LLC, a Florida Limited Liability Company, the Plaintiff Page 8 of 8 EXHIBIT Goa! al PREPARED BY AND RETURN TO: Joel S. Piotrkowski, Esq. Green & Piotrkowski, PLLC 317 — 71' Street Miami Beach, Florida 33141 CFN: 20170241834 BOOK 30514 PAGE 1800 DATE:05/01/2017 08:44:29 AM MTG DOC 2,957.50 INTANGIBLE 1,690.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $845,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY T1TI MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. MORTGAGE THIS MORTGAGE effective as of April 21, 2017, between ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation, whose mailing address 1328 N.W. 3`d Ave., Miami, FL 33136, hereinafter called the Mortgagor, party of the first part, and Taylor Made Lending, LLC, a Florida Limited Liability Company, of 1400 E. Oakland Park Boulevard, Suite 103, Ft. Lauderdale, Florida 33334, hereinafter called the Mortgagee, party of the second part; (The term "Mortgagor" as used in every instance shall include the Mortgagor's heirs, executors, administrators, successors, legal representatives and assigns, either voluntary by an act of the parties, or involuntary by operation of law, and shall denote the single and/or plural, the masculine and/or feminine, and natural and/or artificial persons whenever and wherever the context so requires or admits.) WITNESSETH: THAT, for good and valuable considerations, and to secure the payment of the aggregate sum named in the note of even date herewith as hereinafter described (the terra. Note as hereafter used shall denote the singular if one note, or the plural if more than one note, secured by this Mortgage) together with interest thereon and all other sums of money secured hereby as hereinafter provided, the Mortgagor does hereby grant, bargain, sell, alienate, remise, release, convey and confirm unto the Mortgagee in fee simple, the following described real property of which the Mortgage is now seized and possessed, and in actual possession, situate in the County of MIAMI-DADE, State of Florida, to wit: Unit No. 5204, of MINT CONDOMINIUM, a Condominium, according to The Declaration of Condominium recorded in Official Records Book 27248, Page 1, and all exhibits and amendments thereof, Public Records of Miami -Dade County, Florida. TOGETHER with all structures and improvements now and hereafter on said land, and the fixtures attached thereto; and the easements, riparian and littoral rights and appurtenances thereunto belonging, or in any wise appertaining; and all rent, issues, proceeds and profits accruing and to accrue from said premises; and all gas and electric fixtures; heaters, air conditioning equipment, generators, machinery, boilers, ranges, elevators and motors, plumbing CFN: 20170241834 BOOK 30514 PAGE 1801 fixtures and hardware, window screens, screen doors, venetian blinds, storm shutters and awnings, pool pumps and motors, if any; and all other heating, cooking, refrigerating, plumbing, cooling, ventilating, irrigating and powering systems and appliances which are now or may hereafter pertain to or be used with, in or on said premises though they may be either detached or detachable. TOGETHER with all furniture, furnishings, fixtures and equipment contained in or appurtenant to said premises, or which may hereafter from time to time be placed herein, and any substitution or replacement thereof. TO HAVE AND to hold the same, together with the tenements, hereditaments and appurtenances, unto the said Mortgagee, in fee simple. AND THE SAID MORTGAGOR does hereby covenant with Mortgagee that said Mortgagor is indefeasibly seized with the absolute and fee simple title to said property, that this is a First Mortgage encumbering said property, and has full power and lawful authority to sell, convey, transfer and mortgage the same; that it shall be lawful at any time hereafter for the Mortgagee to peaceably and quietly enter upon, hold and occupy said property; that said property is free and discharged from all other and prior liens, assessments, judgments, taxes and encumbrances; that said Mortgagor will make such further assurances to perfect the fee simple title to said land in the Mortgagee as may reasonably be required and that said Mortgagor does hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS that if the Mortgagor shall pay unto the Mortgagee the sum of money aggregating $845,000.00, mentioned in the Note in the manner as therein specified (see copy attached hereto and made a part thereof) and shall pay all other sums provided to be paid by this Mortgage, and shall perform, comply with and abide by all the stipulations, agreements, conditions and covenants of said Note and of this Mortgage, then this Mortgage and the estate hereby created shall cease and be null and void. AND THE MORTGAGOR does hereby further covenant and agree as follows: 1. To pay all and singular the principal and interest and other sums of money. payable by virtue of said Note and this Mortgage, or either, promptly on the days respectively the same become severally due. 2. To pay all and singular taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said described property, each and every when due and payable according to law, prior to March ls` of each year and provide written evidence thereof to Mortgagee by such date. The Mortgagee may pay the same without waiting or affecting the option to foreclose, or any right hereunder and every payment so made shall bear interest from the date thereof at the maximum rate allowed by law. 3. Mortgagor shall be obligated to obtain and maintain comprehensive public liability insurance policies for bodily injury or death occurring in or about the property which CFN: 20170241834 BOOK 30514 PAGE 1802 must be issued in favor of Mortgagee, with limits of at least $1,000,000.00 in the case of bodily injury or death to one person and $2,000,000.00 in any one occurrence. With respect to the foregoing insurance coverage, the following criteria (collectively referred to as the "insurance Standards") shall apply: (a) Mortgagee must receive satisfactory evidence of premium payments and an insurance binder or commitment. (b) Mortgagee shall be named as mortgagee, loss payee and as to liability coverage, an additional insured, as the case may be. (c) All insurance companies must be reasonably satisfactory to Mortgagee. All insurance shall be issued by an insurance company reasonably acceptable to Mortgagee and having a General Policy holder's Rating of A-X or better per A.M. Best and Company's Key rating Guide or such rating as acceptable to Mortgagee in Mortgagee's sole discretion. 4. To keep the buildings now or hereafter on said land and the fixtures and personal property therein contained insured, in a company or companies approved by the Mortgagee, against loss by fire, windstorm, flood and such other casualties that Mortgagee may require, for such period and for not less than such amount as Mortgagee may require, and to pay promptly when due all premiums for such insurance. Mortgagor agrees to deliver renewal or replacement policies of any nature or replacement certificates of insurance to the Mortgagee at least ten (10) days prior to the expiration or anniversary date of the existing policies. The amounts of insurance required by the Mortgagee shall be the minimum amounts for which said insurance shall be written and it shall be incumbent upon the Mortgagor to maintain such additional insurance as may be necessary to meet and comply fully with all co-insurance requirements contained in said policies to the end that Mortgagor is not a co-insuror thereunder. The policy or policies shall be held by and be payable to said Mortgagee and the Mortgagee shall have the option to receive and apply said payment on account of the indebtedness hereby secured, or permit the Mortgagor to receive or use it or any part thereof, for any purpose without thereby waiving or impairing the equity, lien or right under and by virtue of this Mortgage and may place and pay such insurance or any part thereof without waiving or affecting the option to foreclose or any right hereunder, and each such payment shall bear interest at the maximum rate allowed by law. 5. To permit, commit or suffer no waste, impairment, abandonment, or deterioration of said property, or any part thereof, and upon the failure of the Mortgagor to keep the buildings and personal property in good condition or repair, the Mortgagee may demand the immediate repair of said property or increase in the amount of security, or the immediate repayment of the debt hereby secured, and failure of the Mortgagor to comply with said demand of the Mortgagee for a period of fifteen (15) days shall constitute a breach of this Mortgage, and at the option of the Mortgagee immediately mature the entire amount of principal and interest hereby secured and the Mortgagee, immediately and without notice may institute proceedings to foreclose this Mortgage and apply for the appointment of a Receiver, as hereinafter provided. Initial 3 CFN: 20170241834 BOOK 30514 PAGE 1803 6. To perform, comply with and abide by all the stipulations, agreements, conditions and covenants in said Note and the Mortgage set forth. 7. To comply with the subdivision restrictions and the municipal zoning ordinances applicable to the mortgaged property; not to erect or permit to be erected any new buildings on the premises herein mortgaged or to add to or permit to be added to, make or permit to be made, any structural alterations to any of the existing improvements thereon without the written consent of the Mortgagee, and in the event of any violation or attempt to violate these stipulations, or any of them, this Mortgage and all sums secured hereby shall immediately become due and payable at the option of the Mortgagee. 8. That in case of a default in any of the terms of this Mortgage and the filing of a bill to foreclose this or any other mortgage encumbering the within described property, the Mortgagee shah be entitled to apply at any time without notice, pending such foreclosure suit, to the court having jurisdiction thereof for the appointment of a receiver of all and singular the mortgaged property, and of all the rents, incomes, profits, issues and revenues thereof, from whatsoever source derived; and thereupon it is hereby expressly covenanted and agreed that the court shall forthwith appoint a receiver of said mortgaged property, all and singular, and of such rents, incomes, profits, issues and revenues thereof, from whatsoever source derived, with the usual powers and duties of receivers in like cases; and such appointment shall be made by such court as a matter of strict right to the Mortgagee, and without reference to the adequacy or inadequacy of the value of the property hereby mortgaged, or to the solvency or insolvency of the Mortgagor, and that such rents, profits, incomes, issues and revenues shall be applied by such receiver to the payment of the mortgage indebtedness, costs and charges, according to the order of such court. 9. That in the event of the ownership of the mortgaged premises, or any part thereof, becomes vested in a person other than the Mortgagor, the Mortgagee may without notice to the Mortgagor deal with such successor or successors in interest with reference to this Mortgage and the debt hereby secured inthe same mariner as with the Mortgagor, without in any way vitiating or discharging the Mortgagor's liability hereunder or upon the debt hereby secured_ No sale of the premises hereby mortgaged and no forbearance on the part of the Mortgagee and no extension of the time for the payment of the debt hereby secured given by the Mortgagee shall operate to release, discharge, modify, change or affect the original liability of the Mortgagor herein, either in whole or in part. l.Q. If all or any part of the property or an interest therein which is encumbered by this Mortgage is sold or transferred by Mortgagor without Mortgagee's prior written consent, which consent may be withheld in Mortgagee's sole and absolute discretion, all the sums secured by this mortgage shall be immediately due and payable. Additionally, Mortgagor may not further encumber all or part of the property which is the subject of this Mortgage without express written consent of the Mortgagee, which consent may be withheld in the Mortgagee's sole and absolute discretion. CFN: 20170241834 BOOK 30514 PAGE 1804 11. That time is of the essence of this mortgage and that no waiver of any obligation hereunder, or of the obligation secured hereby, shall at any time thereafter be held to be a waiver of the terms hereof or of the note secured hereby. 12. if a foreclosure proceedings should be instituted on any mortgage inferior to this mortgage or if any foreclosure or proceeding is instituted on any lien of any kind, the Mortgagee may at its option immediately or thereafter declare this mortgage and the indebtedness secured hereby due and payable. 13. That if any of the sums of money herein referred to be not promptly and fully paid within fifteen (15) days next after the same severally become due and payable, or if all the stipulations, agreements, conditions and covenants of said note and this mortgage, or either, are not duly performed, complied with and abided by, the aggregate sum unpaid under said note and this mortgage shall become due and payable forthwith, or thereafter, at the option of the Mortgagee, as fully and completely as if said aggregate sum of money were originally stipulated to be paid on such day, anything in said note or in this mortgage to the contrary notwithstanding. Thereafter, the Mortgagee, at its option, may without further demand foreclose this Mortgage by judicial proceeding, 14. That in order to accelerate the maturity of the indebtedness hereby secured because of the failure of the Mortgagor to pay any tax assessment, liability, or obligation, or encumbrance upon said property as herein provided, it shall not be necessary nor requisite that the Mortgagee shall first pay the same. 15. That the mailing of a written notice of demand, addressed to the owner of record of the mortgaged premises, directly to said owner at the last address actually furnished to the Mortgagee, or directed to the said owner at said mortgaged premises, and mailed by the United States mail, shall be sufficient notice and demand in any case arising under this instrument and required by provisions hereof or by Iaw. 16. ShouId the validity or lien of this mortgage or the note secured thereby be contested by litigation or otherwise, the Mortgagor agrees to pay to the Mortgagee the cost of defending the same including a reasonable attorneys fee and attorneys' fees on appeals. 17. To pay all and singular the costs, charges and expenses, including attorney's fees, reasonably incurred or paid at any time by the Mortgagee, because of the failure of the Mortgagor to perform, comply with and abide by all the stipulations, agreements, conditions and covenants of said note and this mortgage, or either, and every such payment shall bear interest from such date at the maximum rate allowed by law. 18. It is understood and agreed that the Mortgagee may at any time, without notice to any person, grant to the Mortgagor any modification of any kind or nature whatsoever, release any person liable for the payment of any indebtedness secured hereby, or allow any change or changes, substitution or substitutions of any of the property described in this mortgage or any other collateral which may be held by the Mortgagee without in any manner affecting the liability of the Mortgagor, any endorsers of the indebtedness hereby secured or any other person Initials:`? �C-!" 5 CFN: 20170241834 BOOK 30514 PAGE 1805 for the payment of said indebtedness together with interest, and any other sums which may be due and payable to the Mortgagee, and also without in any manner affecting or impairing the lien of this mortgage upon the remainder of the property and other collateral which is not changed or substituted; and it is also understood and agreed that the Mortgagee may at any time, without notice to any person, release any portion of the property described in this mortgage or any other collateral, or any portion of any other collateral which may be held as security for the payment of the indebtedness hereby secured, either with or without a consideration for such release or releases, without in any manner affecting the liability of the Mortgagor, all endorsers, if any, and all other persons who are or shall be liable for the payment of said indebtedness and, without affecting, disturbing or impairing in any manner whatsoever the validity and priority for the lien of this mortgage for the full amount of the indebtedness remaining unpaid, together with all interest and advances which shall become payable upon the entire remainder of the mortgaged property which is unreleased and without in any manner affecting or impairing to the extent whatsoever any and all collateral security which may be held by the Mortgagee. It is distinctly understood and agreed by the Mortgagor and the Mortgagee that any release or releases may be made by the Mortgagee without the consent or approval of any other person or persons whomsoever. 19. Any agreement hereafter made by the Mortgagor and Mortgagee pursuant to this mortgage shall be superior to the rights of the holder of any intervening lien or encumbrance. 20. That it is the intent hereof to secure payment of said notice and obligation whether the entire amount shall have been advanced to the Mortgagor at the date hereof, or at a later date, and to secure any other amount or arnounts that may be added to the mortgage indebtedness under the terms of this instrument or advanced in the future. The total amount of indebtedness secured hereby may decrease or increase from time to time but the total unpaid balance so secured at any one time shall not exceed twice the original principal sum secured hereby, plus interest thereon and any disbursements made for any payment of taxes, levies, insurance premiums or advances made by the Mortgagee as herein elsewhere provided for the protection of the property covered by the lien of this mortgage, with interest thereon; and this mortgage shall secure any and all additional or further monies which may be advanced by the Mortgagee to the Mortgagor after the date hereof, which future advances of money, if made shall be evidenced by a note or notes executed by the Mortgagor to the Mortgagee bearing such rate of interest and with such maturities as shall be determined from time to time, but any and all such future advances secured by this mortgage shall be made not more than twenty (20) years after the date hereof. Nothing herein contained shall be deemed an obligation on the part of the Mortgagee to make any future advances. 21. That in the event the premises hereby mortgaged or any part hereof shall be condemned and taken under the power of eminent domain, the Mortgagee shall have the right to demand that all damages awarded for the taking of or damages to said premises shall be paid to the Mortgagee, his successor or assigns, up to the amount then unpaid on this mortgage and may be applied upon the payment or payments last payable thereon. 22. It is expressly stipulated and agreed to be the intent of Mortgagee and Mortgagor at all times to comply with the applicable law governing the highest lawful interest rate. If the Isi 6 CFN: 20170241834 BOOK 30514 PAGE 1806 applicable law is ever judicially interpreted so as to render usurious any amount called for under the note or under any of the other Ioan documents, or contracted for, charged, taken, reserved or received with respect to the loan, or if acceleration of the maturity of the note, any prepayment by Mortgagor, or any other circumstance whatsoever, results in Mortgagor having paid any interest in excess of that permitted by applicable law, then it is the express intent of Mortgagor and Mortgagee that all excess amounts theretofore collected by Mortgagee be credited on the principal balance of the note (or, at Mortgagee's option, paid over to M.ortgagor), and the provisions of the note and other losn documents immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder and thereunder. The right to accelerate maturity of the note does not include the right to accelerate any interest which has not otherwise accrued on the date of such acceleration, and Mortgagee does not intend to collect any unearned interest in the event of acceleration. All stuns paid or agreed to be paid to Mortgagee for the use, forbearance or detention of the secured obligation evidenced hereby or by the note shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full term of such secured obligation until payment in full so that the rate or amount of interest on account of such secured obligation does not exceed the maximum rate or amount of interest permitted under applicable law. The term "applicable law" as used herein shall mean any federal or state law applicable to the loan. 23. In the event the holder of this Mortgage or an undivided interest in this Mortgage is now or in the future a trust, the Mortgagor does hereby confirm unto the Trustee the power and authority either to protect, conserve, and to sell, or to lease or to encumber, or otherwise to manage and dispose of the real property described herein. 24. Mortgagor shall deposit with Mortgagee an amount equal to 1/12th of the amount which Mortgagee estirnates will be required to make the next annual payments of the premiums for the policies of insurance referred to in this Mortgage, multiplied by the number of whole and partial months which have elapsed since the date one month prior to the most recent policy anniversary date for each such policy. Thereafter, with each monthly payment under the note, Mortgagor will deposit an amount equal to 1112`s of the amount which Mortgagee estimates will be required to pay the next required annual premium for each insurance policy referred to in this Mortgage. The purpose of this provision is to provide Mortgagee with sufficient funds on hand to pay all such premiums thirty (30) days before the date on which they become past due. If the Mortgagee, in its sole discretion, determines that the funds escrowed hereunder are, or will be, insufficient, Mortgagor shall upon demand pay such additional sums as Mortgagee shall determine necessary and shall pay any increased monthly charges requested by Mortgagee. Provided no default or event of default exists hereunder, Mortgagee will apply the amounts so deposited to the payment of such insurance premiums when due, but in no event will Mortgagee be liable for any interest on any amounts so deposited, and the money so received may be held and commingled with Mortgagee's own funds. 25. On or before the date hereof, Mortgagor shall deposit with Mortgagee an amount equal to 1/12a' of the amount which Mortgagee estimates will be required to snake the next 'annual payment of taxes, assessments, and similar governmental charges referred to in this Initials. (� 1 --1, 7 CFN: 20170241834 BOOK 30514 PAGE 1807 Mortgage, multiplied by the number of whole or partial months that have elapsed since the date one month prior to the most recent due date for such taxes, assessments and similar governmental charges. Thereafter, with each monthly payment under the note, Mortgagor shall deposit with Mortgagee an amount equal to 1112th of the amount which Mortgagee estimates will be required to pay the next annual payment of taxes, assessments, and similar governmental charges referred to in this Mortgage. The purpose of this provision is to provide Mortgagee with sufficient funds on hand to pay all such taxes, assessments, and other governmental charges thirty (30) days before the date on which they become past due. If the Mortgagee, in its sole discretion, determines that the funds escrowed hereunder are, or will be, insufficient, Mortgagor shall upon demand pay such additional sums as Mortgagee shall determine necessary and shall pay any increased monthly charges requested by Mortgagee. Provided no default or event of default exists hereunder, Mortgagee will apply the amounts so deposited to the payment of such taxes, assessments, and other charges when due, but in no event will Mortgagee be liable for any interest on any amount so deposited, and any amount so deposited may be held and commingled with Mortgagee's own funds. 26. Except as may be prohibited by law, Mortgagee and Mortgagor hereby knowingly, voluntarily and intentionally waive the right any may have to a jury trial in respect to any Iitigation based hereon, or arising out of, under or in connection with this Mortgage or the note, or any agreement or instrument contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements (whether oral or written) or actions of either party. This provision is a material inducement for the Mortgagee extending credit to Mortgagor. If the subject matter of any litigation is one in which the waiver of a trial by jury is prohibited, Mortgagor shall not present as a non -compulsory counterclaim in such litigation any claim arising under any loan document. Furthermore, Mortgagor shall not seek to consolidate any action in which a jury trial has been waived with any litigation in which a jury trial cannot be waived. 27. Payments are deemed received by the Mortgagee when received at the location designated in the Note or at such other location as may be designated by the Mortgagee. Mortgagee may return any payment if the payment is insufficient to bring the Mortgage current. Mortgagee may accept any payment insufficient to bring the Mortgage current, without waiver of any rights herein or prejudice to its rights to refuse such payment in the future, but Mortgagee is not obligated to apply such payments at the time such payments are accepted. Mortgagee may hold such unapplied funds until Mortgagor makes payment to bring the Mortgage current and not pay interest on unapplied funds. If not applied earlier, any unapplied funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Mortgagor might have now or in the future against Mortgagee shall relieve Mortgagor from making payments due under the Note and the Mortgage or performing the covenants and agreements secured by this Mortgage. All payments accepted and applied by Mortgagee shall be applied in the following order of priority: (a) interest due under the Note; (b) Late Fees; (c) Default Interest; (d) amounts due for escrows for real estate taxes and insurance, if applicable; and any other amounts due and owing to the Mortgagee; and (e) principal due under the Note. CFN: 20170241834 BOOK 30514 PAGE 1808 IN WITNESS WHEREOF, the Mortgagor on the day and year first above written has executed these presents under seal. THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $845,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY. THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. Witnessed: Print Name: 1../k.difte Swig STATE OF FLORIDA COUNTY OF MIAMI-DADE :SS ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation BY: A S i3. A: , Presi The foregoing instrument was acknowledged before April, 2017, by JAMES D. ADAMS, as President of ST. MISSIONARY BAPTIST CHURCH, INC., a Flo 'ot for personally known to me or who has produced who did take an oath. it "G,,` DANIELLE PADUA `'���� Notary Public - State of Florida 4)•_ Commission 0 FF 247516 444- My Comm. Expires Jul 7, 2019 $; t Bonded through National Note!), Assn. Initial C1"\ me this day of JOHN INSTITUTIONAL Profit Corporation, who is , as identification and Notary Public 9 CFN: 20170241834 BOOK 30514 PAGE 1809 loan. CONDOMINIUM RIDER This Condominium Rider is made this 2151 day of April, 2017, and is incorporated into and shall be deemed to amend and supplement the Mortgage or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to Taylor Made Lending, LLC, a Florida Limited Liability Company (tlie "Lender") of the same date and covering the Property described in the Security Instrument and located at 92 SW 3"1Street, #5204, Miami, FL 33130. The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: MINT CONDOMINIUM, a Condominium (the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. Condominium Covenants. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenants and agrees as follows: A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the; (i) Declaration or any other document which creates the Condominium Project; (ii) by-laws; (iii) code and regulations, and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage", and any other hazards, including, but not limited to, earthquakes and floods, from which Lender requires insurance, then (i) Lender waives the provision in Sections 3, 4 and 24 for the Periodic Payment to Lender of the year premium installments for property insurance on the Property; and (ii) Borrower's obligation under Sections 3 and 4 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the Borrower shall give Lender prompt notices of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in Iieu of restoration or repair following a loss to the Property, whether to the unit or to common elements any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums CFN: 20170241834 BOOK 30514 PAGE 1810 secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied to Lender to the sums secured by the Security Instrument. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self -management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Mortgage. Unless Borrower and Lender agrees to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Condominium Rider. ST. JOAN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation BY: Initials: CFN: 20170241834 BOOK 30514 PAGE 1811 Old Republic National Title Insurance Company Commitment Number: 662121(O-FL-RP-ASH) EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: Unit No, 5204, of MINT CONDOMINIUM, a Condominium, according to The Declaration of Condominium recorded in Official Records Book 27248 at Page 1, and all exhibits and amendments thereof, Public Records of Miami -Dade County, Florida. ALTA Commitment ExhibitA (662121(O-FL-RP,ASH).pfd/662121(O-FL-RP-ASH),68) $ 845.000.00 PROMISSORY NOTE Miami, Florida Effective as of April 21, 2017 FOR VALUE RECEIVED, the undersigned promises to pay to the order of Taylor Made Lending, LLC, a Florida Limited Liability Company, the principal sum of Eight Hundred Forty -Five Thousand and No/100 ($845,000.00) Dollars, together with interest thereon from the above date at the rate of Eleven (11%) percent per annum until maturity, said interest being payable monthly on the first day of each and every month, both principal and interest being payable in lawful money of the United States at 1400 E. Oakland Park Boulevard, Suite 103, Ft. Lauderdale, FL 33334, or at such other place as the holder hereof may designate in writing. Interest payments only shall be due in installments of Seven Thousand Seven Hundred Forty -Five and 83/100 ($7,745.83) Dollars each month on the first day of each and every month, beginning on the 151 day of June, 2017, and continuing until said principal and interest have been paid. Each installment payment shall be credited first to the interest then due; and the remainder on principal; and interest shall thereupon cease upon the principal so credited. Interest payments shall be calculated on a three hundred sixty (360) day year. This Note shall mature on April 21, 2019, at which time the unpaid principal indebtedness evidenced hereby plus accrued and unpaid interest shall be due and payable in full forthwith without notice. This Note may be prepaid in whole or in part prior to maturity without penalty, however, a partial prepayment shall not relieve the maker from making the next scheduled payment due hereunder. Each maker and endorser severally waives demand, protest and notice of maturity, non-payment or protest and all requirements necessary to hold each of them liable as makers and endorsers. Each maker and endorser further agrees, jointly and severally, to pay all costs of collection, including a reasonable attomey's fee in case the principal of this Note or any payment on the principal or any interest thereon is not paid at the respective maturity thereof, or in case it becomes necessary to protect the security hereof, whether suit be brought or not. If the Note holder has not received the full amount of any payment by the end of ten (10) calendar days after the date it is due, including, without limitation, the unpaid balance due at the maturity of this Note, the maker shall be obligated to pay a late fee equal to five (5%) percent of the delinquent payment. In the event of a default, the unpaid principal balance shall bear interest at the highest rate allowable by law from the date of the default. After the entry of a Judgment by the Court, the Judgment Amount will bear interest at the rate of Eighteen (18%) Percent per annum. This Note is secured by a First Mortgage of even date herewith and is to be construed and enforced according to the laws of the State of Florida; upon default in the payment of principal and/or interest when due, the whole sum of principal and interest remaining unpaid shall, at the option of the holder, become immediately due and payable. The provisions of this Note and of all agreements between maker and holder are, whether now existing or hereinafter made, hereby expressly Iimited so that in no contingency or event whatever, whether by reason of acceleration of the maturity hereof, prepayment, demand for payment or otherwise, shall the amount paid, or agreed to be paid, to holder for the use, forbearance, or detention of the principal hereof or interest hereon, which remains unpaid from time to time, exceed the maximum amount permissible under applicable law, it particularly being the intention of the parties hereto to confoIur strictly to Florida and Federal law, whichever is applicable. If from any circumstance whatever, the performance or fulfillment of any provision hereof or of any other agreement between maker and holder shall, at the time performance or fulfillment of such provision is due, involve or purport to require any payment in excess of the limits prescribed by law, then the obligation to be performed or fulfilled is hereby reduced to the limit of such validity, and if from any circumstance whatever holder should ever receive as interest an amount which would exceed the highest lawful rate, the amount which would be excessive interest shall be applied to the reduction of the principal balance owing hereunder (or, at holder's option, be paid over to maker) and shall not be counted as interest. To the extent permitted by applicable law, determination of the legal maximum amount of interest shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of this Note, all interest at any time contracted for, charged, or received from maker in connection with this Note and all other agreements between maker and holder, so that the actual rate of interest on account of the indebtedness represented by this Note is unifonn throughout the term hereof. ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation BY: STATE OF FLORIDA ) :SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this) day of April, 2017, by JAMES D. ADAMS, as President of ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Prof Corporation, • to is personally known to me or who has produced C�_dVV�VS LtQCt/L,, id �ii�iii�il� , w , , , , e an oath. ��li► NOT vir SV PAW r y ,,r•RYP�r, DANIELLE PADUA « a • Notary Public - State of Florida • • = Commission # FF 247516 ▪ My Comm. Expires Jul 7, 2019 ,,,,, Bonded through National Notary Assn. 9 ublic CFN: 20170241835 BOOK 30514 PAGE 1812 DATE:05/01/2017 08:44:29 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY PREPARED BY AND RETURN TO: Joel S. Piotrkowski, Esquire Green & Piotrkowski, PLLC 317-71s`Street Miami Beach, FL 33141 ASSIGNMENT OF RENTS AND LEASES KNOW ALL MEN BY THESE PRESENTS that ST. JOHN INSTITUTIONAL, MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation, whose mailing address 1328 N.W. 3rd Ave., Miami, FL 33136 (hereinafter referred to as the "Assignor"), in consideration for the sum of TEN DOLLARS ($10.00) paid by Taylor Made Lending, LLC, a Florida Limited Liability Company, whose address is 1400 E. Oakland Park Blvd., Suite 103, Ft. Lauderdale, FL 33334 (hereinafter referred to as the "Assignee"), hereby conveys, transfers and assigns unto the Assignee, its successors and assigns, all the rights, interest and privileges which the Assignor, as Lessor, has and may have in the leases now existing or hereafter made and affecting the real property described below or any part thereof (the "Premises"), including, but not limited to, the leases pertaining to the premises, as said leases may have been, or may from time to time be hereafter, modified, extended and renewed, with all rents, income and profits due and becoming due therefrom. The Assignor will, upon request of the Assignee, execute assignments of any future leases affecting any part of the Premises. A. This Assignment of Rents and Leases (this "Assignment") is made as additional security for the payment of that certain Promissory Note (the "Note") made by Assignor, and Mortgage (the "Mortgage") dated the date hereof (and all extensions or modifications thereof) made by Assignor to Assignee. The Note. is in the total principal sum of Eight Hundred Forty -Five Thousand and Nol100 ($845,000.00) Dollars with interest, covering real property situated in the County of MIAMI-DADE, State of Florida, and described as follows: See Exhibit "A" attached hereto and made a part hereof (the "Premises"), and the acceptance of this Assignment and the collection of rents or the payments under the leases hereby assigned shall not constitute a waiver of any rights of the Assignee under the terms of the Note and the Mortgage. B. It is expressly understood and agreed by the parties hereto that before default occurs under the terms of the Note and Mortgage, Assignor shall have the right to collect said rents, income and profits from the aforementioned leases and to retain, use and enjoy the same, provided, however, that even before default occurs, no rent more than one (1) month in advance shall be collected or accepted without the prior written consent of the Assignee. Anything to the contrary notwithstanding, Assignor hereby assigns to Assignee any award made hereafter to it in any court procedure involving any of the lessees in any bankruptcy, insolvency, or reorganization proceedings in any state or Federal court; and any and all payments made by lessees in lieu of rent. .Initials: CFN: 20170241835 BOOK 30514 PAGE 1813 C. Assignor agrees and acknowledges that it may not enter into any lease pertaining to the Premises or any part thereof without the express written consent of the Assignee, which consent may be withheld in the Assignee's sole and absolute discretion. D. The Assignor, in the event of default in the performance of any of the terms and conditions of the Note and Mortgage, hereby authorizes the Assignee, at its option to enter and take possession of the Premises and to manage and operate the same, to collect all or any rents accruing therefrom and from said leases, to let or re -let said Premises or any part hereof, to cancel and modify leases, evict tenants, bring or defend any suits in connection with the possession of said Premises in its own name or Assignor's name, make repairs as Assignee deems appropriate, and perform such other acts in connection with the management and operation of the Premises as the Assignee, ire its discretion, may deem proper. E. The receipt by the Assignee of any rents, issues or profits pursuant to this instrument after the institution of foreclosure proceedings under the Mortgage shall not care such default nor affect such proceedings or any sale pursuant thereto. Nothing contained in this Assignment and no act done or omitted by the Assignee pursuant to the powers and rights granted it hereunder shall be deemed to be a waiver by the Assignee of its rights and remedies under the Note and Mortgage or under any other instrument executed or assented to by Assignor incident to the making of the Loan, and this Assignment is made and accepted without prejudice to any of the rights and remedies possessed by the Assignee under the terms of the Note and Mortgage or under any other instrument executed or assented to by Assignor incident to the making of the Loan. Furthermore, the collection and application of the rents, issues and profits to the indebtedness secured by the Mortgage or as otherwise above provided shall not constitute a waiver by Assignee of any default which might at the time of such application or there fter exist under the Mortgage or Note or such other instruments and the payment of the indebtedness secured by the Mortgage may be accelerated in accordance with its terms, notwithstanding such application. F. Assignee shall not be obligated to perform or discharge any obligation or duty to be perfonned or discharged by Assignor under any of said leases, and the Assignor hereby agrees to indetunify the Assignee for, and to save it harmless from, any and all liability arising from any of said leases or from this Assignment, and this Assignment shall not place responsibility for the control, care, management or repair of the Premises upon the Assignee, or make the Assignee responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Premises resulting in loss, injury or death of any tenant, licensee, employee or stranger. Without limiting the generality of the foregoing, in no event shall the Assignee be liable for the performance or discharge of any obligations expressly assumed by it as provided in this Assignment or an assignment or other transfer by the Assignee of its interests hereunder or in the Premises covered by the Mortgage to any other party. Furthermore, it is agreed that, in the event of any such assumption by the Assignee of the Assignor's obligations, any party, thereafter and by reason of such assumption having a claim against the Assignee, agrees to look solely to the Assignee's interest in the Premises covered by said Mortgage for recovery of any judgment against the Assignee, it being understood that the Assignee shall never be personally liable for any such judgment or for the payment of any monetary obligation to any such party. Initials: 2 CFN: 20170241835 BOOK 30514 PAGE 1814 Anything to the contrary notwithstanding, Assignor hereby assigns to Assignee any award made hereafter to it in any court procedure involving any of the Iessees in any bankruptcy, insolvency, or reorganization proceedings in any state or Federal court; and any and all payments made by lessees in lieu of rent. Assignor hereby appoints Assignee as its irrevocable attorney -in - fact to appear in any action and/or to collect any such award or payment. G. Assignor hereby authorizes the Assignee to give written notice of this Assignment at any time to any tenant under any lease of any part of the Premises. The Assignor hereby authorizes and directs the tenants named in any leases of the premises described therein or in the Mortgage, upon receipt from the Assignee of written notice to the effect that the Assignee is then the holder of the Note and Mortgage and this Assignment and stating that a default exists under any of the provisions of one or all of such instruments, to pay over to the Assignee all rents, income and profits arising or accruing under such leases or from the premises described therein or in the Mortgage and to continue to do so until otherwise notified by the Assignee. Assignor agrees that any such tenant or occupant shall have the right to rely upon any such notice by Assignee without any obligation or right to inquire as to whether any such default actually exists and notwithstanding any notice from or claim of Assignor to the contrary, and that Assignor shall have no right or claim against any such tenant or occupant for any such rents paid by any such tenant or occupant to Assignee following receipt of such notice. H. Violation of any of the covenants, representations and provisions contained herein by the Assignor shall be deemed a default under the terms of the Note and Mortgage. I, Default by the Assignor under any of the terms of the leases assigned herein shall be deemed a default under the terms of the Note and Mortgage. Any expenditures made by the Assignee in curing such a default on. the Assignor's behalf, with interest thereon at the highest per annum rate permitted by law for which it is now lawful to contract, shall become part of the debt secured by these presents. J. The full performance of the Mortgage and the duly recorded satisfaction or full release or reconveyance of the property described therein shall render this Assignment automatically void with respect to the Premises or portion thereof described in any such satisfaction or release. K. . The net proceeds collected by the Assignee under the terms of this Assignment shall be applied first to the costs of collection, then late charges, interest and then to principal, however, such application shall not cure any outstanding default. L. This Assignment applies to and binds the parties hereto and their respective heirs, administrators, executors, successors and assigns, as well as any subsequent owner of the real estate described herein and any assignee of the Mortgage referred to herein. M. Notwithstanding any provision herein to the contrary, this Assignment is intended to be an absolute assignment from Assignor to Assignee and not merely a passing of a security Initials: _rr.: 3 CFN: 20170241835 BOOK 30514 PAGE 1815 interest. The rents and leases are hereby assigned absolutely by Assignor to Assignee pursuant to the provisions of Florida Statutes §697.07, contingent only upon the occurrence of a default. N. The terms and conditions of this Assignment and the rights, obligations and duties thereunder shall be construed and enforced in accordance with the laws of the State of Florida. O. In the event of foreclosure of the Mortgage by sale or otherwise, Assignee is hereby authorized to sell the lessor's interest in any leases together with the Premises covered by the Mortgage or to assign the same without consideration to the purchaser at any such sale or to any other claimant to title to the Premises by virtue of foreclosure of the Mortgage; and there shall be no liability to account to Assignor for any rents or profits accruing after the foreclosure of the Mortgage. P. Assignor hereby agrees to execute and deliver to Assignee such further instruments and documents as, from time to time during the existence of this Assignment, Assignee may reasonably require in order to perfect the interest and rights of Assignee under this Assignment. In case of any conflict between the terms of this instrument and the terms of the Mortgage, the terms of the Mortgage shall prevail. Assignee may, at its election, cause this Assignment to be made a matter of public record in such public offices as Assignee may elect, all costs of filing or recording to be borne by Assignor. Q. No remedy or right conferred upon the Assignee by operation of law, by this Assignment, the Note, the Mortgage or by any other instrument executed or assented to by Assignor incident to the making of the Loan is intended to be, nor shall it be, inclusive of any other right or remedy, but each and every such remedy or right shall be cumulative and shall be in addition to every other remedy or right conferred upon Assignor, and each and every such remedy or right may be pursued by Assignee in such manner and order, together or separately, and at such times as Assignee may elect. R. If any term or provision of this Assignment, or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this Assignment, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provisions of this Assignment shall be valid and in force to the full extent permitted by law. S. Whenever, by terms of this Assignment, notice shall or may be given either to Assignor or Assignee, such notice shall be in writing and shall be sent as provided in the Mortgage. T. The term "leases" as used herein shall mean any lease relating to any portion of the Premises covered by the Mortgage, if and when any. U. This Assignment applies to and binds the parties hereto and their respective heirs, administrators, executors, successors and assigns, as well as any subsequent owner of the Premises described herein and any assignee of the Mortgage referred to herein. Initials` -- 4 CFN: 20170241835 BOOK 30514 PAGE 1816 V. In the event the holder of this Assignment or an undivided interest in this Assignment is now or in the future a trust, the Assignor does hereby confirm unto the Trustee the power and authority either to protect, conserve, and to sell, or to lease or to encumber, or otherwise to manage and dispose of the real property described herein. WITNESjREOF, the said Assignor has signed and sealed this instrument effective as of the day of April, 2017. Witnessed: Print Name:13 311€ i,C. STATE OF FLORIDA :SS COUNTY OF MIAMI-DADE ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation BY: The foregoing instrument was acknowledged before me this - 1 day of April, 2017, by JAMES D. ADAMS, as President of ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Flori., Not for Profit orporation, who is personally known to me or who has produc<.:- 4C & '.2 identification and who did take an oath. 111111111110 trfisitreit Jaen"' i 2 .+R ;��P,,,,� State of Fiortda DANIELLE PAD • tper,'., Notary PUt3 - :4 * Commission # FF 2475A6 ' aA.= My Comm. Expires JN 209 Bonded tMaugh N anon Assn. Initials: ! r . 5 CFN: 20170241835 BOOK 30514 PAGE 1817 EXHIBIT "A" LEGAL DESCRITPTION Unit No. 5204, of MINT CONDOMINIUM, a Condominium, according to The Declaration of Condominium recorded- in Official Records Book 27248, Page 1, and all exhibits and amendments thereof, Public Records of Miami -Dade County, Florida. Initial.: . /i 6 ALLONGE This Allonge to Promissory Note dated the 21' day of April, 2017, by ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation, in favor of Taylor Made Lending, LLC, a Florida Limited Liability Company. The undersigned does hereby endorse without recourse or representation and warranty and assign and transfer the foregoing Promissory Note to 3311180 Canada Inc., a Canadian Corporation, as to an undivided fifty (50%) percent interest, and Colcofin Consultants Inc., a Canadian Corporation, as to an undivided fifty (50%) percent interest. Dated this d2.,"a day of May, 2017. TAYLOR MADE LENDING, LLC, a Florida Limited Liability Company By: MatthewMarkofsky, Manager ALLONGE This Allonge to Promissory Note dated the 21' day of April, 2017, by ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation, in favor of Taylor Made Lending, LLC, a Florida Limited Liability Company. The undersigned does hereby endorse without recourse or representation and warranty and assign and transfer the foregoing Promissory Note to Taylor Made Lending, LLC, a Florida Limited Liability Company. Dated this k'h day of January, 2022. (See Signature Pages Attached) 3311180 Canada Inc., a Canadian, Corporation By: d itchell 1osen, President COLCOFIN CONSULTANTS., a Canadian Corporation By: Philip Cola, Vice President CFN: 20170241835 BOOK 30514 PAGE 1812 DATE:05/01/2017 08:44:29 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY PREPARED BY AND RETURN TO: Joel S. Piotrkowski, Esquire Green & Piotrkowski, PLLC 317-71 Street Miami Beach, FL 33141 ASSIGNMENT OF RENTS AND LEASES KNOW ALL MEN BY THESE PRESENTS that ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation, whose mailing address 1328 N.W.3111 Ave., Miami, FL 33136 (hereinafter referred to as the "Assignor"), in consideration for the sum of TEN DOLLARS ($10.00) paid by Taylor Made Lending, LLC, a Florida Limited Liability Company, whose address is 1400 E. Oakland Park Blvd., Suite 103, Ft. Lauderdale, FL 33334 (hereinafter referred to as the "Assignee"), hereby conveys, transfers and assigns unto the Assignee, its successors and assigns, all the rights, interest and privileges which the Assignor, as Lessor, has and may have in the leases now existing or hereafter made and affecting the real property described below or any part thereof (the "Premises"), including, but not limited to, the leases pertaining to the premises, as said leases may have been, or may from time to time be hereafter, modified, extended and renewed, with all rents, income and profits due and becoming due therefrom. The Assignor will, upon request of the Assignee, execute assignments of any future leases affecting any part of the Premises. A. This Assignment of Rents and Leases (this "Assignment") is made as additional security for the payment of that certain Promissory Note (the "Note") made by Assignor, and Mortgage (the "Mortgage") dated the date hereof (and all extensions or modifications thereof) made by Assignor to Assignee, The Note . is in the total principal sum of Eight Hundred Forty -Five Thousand and No/100 ($845,000.00) Dollars with interest, covering real property situated in the County of MJANiI-DADS, State of Florida, and described as follows: See Exhibit "A" attached hereto and made a part hereof (the "Premises"), and the acceptance of this Assignment and the collection of rents or the payments under the leases hereby assigned shall not constitute a waiver of any rights of the Assignee under the terms of the Note and the Mortgage. B. It is expressly understood and agreed by the parties hereto that before default occurs under the terms of the Note and Mortgage, Assignor shall have the right to collect said rents, income and profits from the aforementioned leases and to retain, use and enjoy the same, provided, however, that even before default occurs, no rent more than one (1) month in advance shall be collected or accepted without the prior written consent of the Assignee. Anything to the contrary notwithstanding, Assignor hereby assigns to Assignee any award made hereafter to it in any court procedure involving any of the lessees in any bankruptcy, insolvency, or reorganization proceedings in any state or Federal court; and any and all payments made by lessees in lieu of rent. CFN: 20170241835 BOOK 30514 PAGE 1813 C. Assignor agrees and acknowledges that it may not enter into any lease pertaining to the Premises or any part thereof without the express written consent of the Assignee, which consent may be withheld in the Assignee's sole and absolute discretion. D. The Assignor, in the event of default in the performance of any of the terms and conditions of the Note and Mortgage, hereby authorizes the Assignee, at its option to enter and take possession of the Premises and to manage and operate the same, to collect all or any rents accruing therefrom and from said leases, to let or re -let said Premises or any part hereof, to cancel and modify leases, evict tenants, bring or defend any suits in connection with the possession of said Premises in its own name or Assignor's name, make repairs as Assignee deems appropriate, and perform such other acts in connection with the management and operation of the Premises as the Assignee, in its discretion, may deem proper. E. The receipt by the Assignee of any rents, issues or profits pursuant to this instrument after the institution of foreclosure proceedings under the Mortgage shall not cure such default nor affect such proceedings or any sale pursuant thereto. Nothing contained in this Assignment and no act done or omitted by the Assignee pursuant to the powers and rights granted it hereunder shall be deemed to be a waiver by the Assignee of its rights and remedies under the Note and Mortgage or under any other instrument executed or assented to by Assignor incident to the making of the Loan, and this Assignment is made and accepted without prejudice to any of the rights and remedies possessed by the Assignee under the terms of the Note and Mortgage or under any other instrument executed or assented to by Assignor incident to the making of the Loan. Furthermore, the collection and application of the rents, issues and profits to the indebtedness secured by the Mortgage or as otherwise above provided shall not constitute a waiver by Assignee of any default which might at the time of such application or thereafter exist under the Mortgage or Note or such other instruments and the payment of the indebtedness secured by the Mortgage may be accelerated in accordance with its terms, notwithstanding such application. F. Assignee shall not be obligated to perform or discharge any obligation or duty to be performed or discharged by Assignor under any of said leases, and the Assignor hereby agrees to indemnify the Assignee for, and to save it harmless from, any and all liability arising from any of said leases or from this Assignment, and this Assignment shall not place responsibility for the control, care, management or repair of the Premises upon the Assignee, or make the Assignee responsible or liable for any negligence in the management, operation, upkeep, repair or control of the Premises resulting in loss, injury or death of any tenant, licensee, employee or stranger. Without limiting the generality of the foregoing, in no event shall the Assignee be liable for the performance or discharge of any obligations expressly assumed by it as provided in this Assignment or an assignment or other transfer by the Assignee of its interests hereunder or in the Premises covered by the Mortgage to any other party. Furthermore, it is agreed that, in the event of any such assumption by the Assignee. of the Assignor's obligations, any party, thereafter and by reason of such assumption having a claim against the Assignee, agrees to look solely to the Assignee's interest in the Premises covered by said Mortgage for recovery of any judgment against the Assignee, it being understood that the Assignee shall never be personally liable for any such judgment or for the payment of any monetary obligation to any such party. Initials: ;f-n 2 CFN: 20170241835 BOOK 30514 PAGE 1814 Anything to the contrary notwithstanding, Assignor hereby assigns to Assignee any award made hereafter to it in any court procedure involving any of the lessees in any bankruptcy, insolvency, or reorganization proceedings in any state or Federal court; and any and all payments made by lessees in lieu of rent. Assignor hereby appoints Assignee as its irrevocable attorney -in - fact to appear in any action and/or to collect any such award or payment. G. Assignor hereby authorizes the Assignee to give written notice of this Assignment at any time to any tenant under any lease of any part of the Premises. The Assignor hereby authorizes and directs the tenants named in any leases of the premises described therein or in the Mortgage, upon receipt from the Assignee of written notice to the effect that the Assignee is then the holder of the Note and Mortgage and this Assignment and stating that a default exists under any of the provisions of one or all of such instruments, to pay over to the Assignee all rents, income and profits arising or accruing under such leases or from the premises described therein or in the Mortgage and to continue to do so until otherwise notified by the Assignee. Assignor agrees that any such tenant or occupant shall have the right to rely upon any such notice by Assignee without any obligation or right to inquire as to whether any such default actually exists and notwithstanding any notice from or claim of Assignor to the contrary, and that Assignor shall have no right or claim against any such tenant or occupant for any such rents paid by any such tenant or occupant to Assignee following receipt of such notice. H. Violation of any of the covenants, representations and provisions contained herein by the Assignor shall be deemed a default under the terms of the Note and Mortgage. 1. Default by the Assignor under any of the terms of the leases assigned herein shall be deemed a default under the terms of the Note and Mortgage. Any expenditures made by the Assignee in curing such a default on the Assignor's behalf, with interest thereon at the highest per annum rate permitted by law for which it is now lawful to contract, shall become part of the debt secured by these presents. 3. The full performance of the Mortgage and the duly recorded satisfaction or full release or reconveyance of the property described therein shall render this Assignment automatically void with respect to the Premises or portion thereof described in any suds satisfaction or release. K. - The net proceeds collected by the Assignee under the terms of this Assignment shall be applied first to the costs of collection, then late charges, interest and then to principal, however, such application shall not cure any outstanding default. L. This Assignment applies to and binds the parties hereto and their respective heirs, administrators, executors, successors and assigns, as well as any subsequent owner of the real estate described herein and any assignee of the Mortgage referred to herein. M. Notwithstanding any provision herein to the contrary, this Assignment is intended to be an absolute assignment from Assignor to Assignee and not merely a passing of a security Initials: 3 CFN: 20170241835 BOOK 30514 PAGE 1815 interest. The rents and leases are hereby assigned absolutely by Assignor to Assignee pursuant to the provisions of Florida Statutes §697.07, contingent only upon the occurrence of a default. N. The terms and conditions of this Assignment and the rights, obligations and duties thereunder shall be construed and enforced in accordance with the laws of the State of Florida. U. In the event of foreclosure of the Mortgage by sale or otherwise, Assig, ee is hereby authorized to sell the lessor's interest in any leases together with the Premises covered by the Mortgage Or to assign the same without consideration to the purchaser at any such sale or to any other claimant to title to the Premises by virtue of foreclosure of the Mortgage; and there shall be no liability to account to Assignor for any rents or profits accruing after the foreclosure of the Mortgage. P. Assignor hereby agrees to execute and deliver to Assignee such further instruments and documents as, from time to time during the existence of this Assignment, Assignee may reasonably require in order to perfect the interest and rights of Assignee under this Assignment. In case of any conflict between the terms of this instrument and the terms of the Mortgage, the terms of the Mortgage shall prevail. Assignee may, at its election, cause this Assignment to be made a matter of public record in such public offices as Assignee may elect, all costs of filing or recording to be borne by Assignor. Q. No remedy or right conferred upon the Assignee by operation of Iaw, by this Assignment, the Note, the Mortgage or by any other instrument executed or assented to by Assignor incident to the making of the Loan is intended to be, nor shall it be, inclusive of any other right or remedy, but each and every such remedy or right shall be cumulative and shall be in addition to every other remedy or right conferred. upon Assignor, and each and every such remedy or right may be pursued by Assignee in suchmanner and order, together or separately, and at such times as Assignee may elect. R. If any term or provision of this Assignment, or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this Assignment, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provisions of this Assignment shall be valid and in force to the full extent permitted by law. S. Whenever, by terms of this Assignment, notice shall or may be given either to Assignor or Assignee, such notice shall be in writing and shall be sent as provided in the Mortgage. T. The term "leases" as used herein shall mean any Iease relating to any portion of the Premises covered by the Mortgage, if and when any. U. This Assignment applies to and binds the parties hereto and their respective heirs, administrators, executors, successors and assigns, as well as any subsequent owner of the Premises described herein and any assignee of the Mortgage referred to herein. Initials 4 CFN: 20170241835 BOOK 30514 PAGE 1816 V. In the event the holder of this Assignment or an undivided interest in this Assignment is now or in the future a trust, the Assignor does hereby confirm unto the Trustee the power and authority either to protect, conserve, and to sell, or to lease or to encumber, or otherwise to manage and dispose of the real property described herein. IN WITNESOF, the said Assignor has signed and sealed this instrument effective as of the t'' day of April, 20I7. Witnessed: Print Name: L3 pd ;` f' 11(7 STATE OF FLORIDA :SS COUNTY OF MIAMI-DARE ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation BY: S' The foregoing instrument was acknowledged before me this '2 day of April, 2017, by JAMES D. ADAMS, as President of ST. JOHN INSTITUTIONAL. MISSIONARY BAPTIST CHURCH, INC., a Florii Not for Profit orporation who is personally known to me or who has produc who did take an oath. CA.V.Q `' e" identification and 11 -,1�i� r / fat DANIELLE 4A0 Notary - State of florid; •o i�� ��ai%., public pF 24 6 Commission # 751 !* s'sV, •= Jul,2019 .10 My Comm. Expires Assn. NatanaiWary Bonded through 5 CFN: 20170241835 BOOK 30514 PAGE 1817 EXHIBIT "A" LEGAL DESCRITPTION Unit No. 5204, of MINT CONDOMINIUM, a Condominium, according to The Declaration of Condominium recorded in Official Records Book 27248, Page 1, and all exhibits and amendments thereof, Public Records of Miami -Dade County, Florida. Initial.. 6 Prepared by and Return to: Joel S. Piotrkowski, Esquire Green & Piotrkowski, PLLC 317 — 715` Street Miami Beach, FL 33141 CFN: 20170248619 BOOK 30518 PAGE 3342 DATE:05/03/2017 08:06:39 AM HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That TAYLOR MADE LENDING, LLC, a Florida Limited Liability Company ("Assignor"), in consideration of Eight Hundred Forty -Five Thousand and No/100 ($845,000.00) Dollars and other good and valuable consideration received from or on behalf of 3311180 Canada Inc., a Canadian Corporation, as to an undivided fifty (50%) percent interest, and Colcofin Consultants Inc., a Canadian Corporation, as to an undivided fifty (50%) percent interest ("Assignee"), at or before the ensealing and delivery of these presents, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, assign, transfer and set over unto Assignee all of Assignor's rights, title and interest in and to that certain Mortgage from ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation, in favor of Taylor Made Lending, LLC, a Florida Limited Liability Company, dated April 21, 2017, and recorded. May 1, 2017, in Official Records Book 30514, at Page 1800, of the Public Records of Miami -Dade County, Florida, which relates to the following described real property: Unit No. 5204, of MINT CONDOMINIUM, a Condominium, according to The Declaration of Condominium recorded in. Official Records Book 27248, Page 1, and all exhibits and amendments thereof, Public Records of Miami -Dade County, Florida. This Assignment of Mortgage shall also transfer and assign that certain Assignment of Rents and Leases recorded on May 1, 2017 in Official Records Book 30514, at Page 1812, of the Public Records of Miami -Dade County, Florida. TOGETHER with the note(s) or obligation(s) described in the above documents, and the monies due and to become due thereon; TO HAVE AND TO HOLD the same unto Assignee, their successors and assigns forever. THIS ASSIGNMENT is made without recourse to the Assignor. IN WITNESS WHEREOF, Assignor has caused these presents to be executed as of this 2 ' day of May, 2017. (See Signature Page Attached) CFN: 20170248619 BOOK 30518 PAGE 3343 Signed, Sealed and Delivered in the presence of: TAYLOR MADE LENDING, LLC, a Pint Name: ,'.; f�, %%' j�,t ,, �� b Florida Limited Liability Company Print Naive: t�- STATE OF FLORIDA ) • :SS. COUNTY OF BROWARD ) By: Matthew Markofsky, Manager The foregoing instrument was acknowledged before me this o day of May, 2017, by Matthew Markofsky, as Manager, of Taylor Made Lending, LLC, a Florida Limited Liability Company, who is personally known to me or who has produced as identification and who did take an oath. 4/04t7• L.TEDESCO ". ► V GOI4MISS1Oid FF 107334 , '~ ` EXPIRES: July 31, 2018 Sanded Thru tlalari FOOS Ifilderhteru gq_ecii,<0 Notary Public EXHIBIT Marvin M. Green (Deceased) Jeffrey R. Hall Joel S. Piotrkowski LAW OFFICES Green & Piotrkowski, PLLC A Professional Limited Liability Company 317 SEVENTY-FIRST STREET MIAMI BEACH, FLORIDA 33141 E-MAIL: joel@gkppa.com gkppa.com OFFICE: 305- 865-4314 December 21, 2021 Via Federal Express and Regular Mail: ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC. Attention: Walter Dennis, Vice -President 1328 N.W. 3rd Avenue Miami, FL 33136 Via Federal Express and Regular Mail: ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC. Attention: Walter Dennis, Vice -President 3530 N.W. 179t1i Street Miami, FL 33056 Via Federal Express and Regular Mail: ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC. Attention: Cecily Robinson-Duffie, Esquire 18851 N.E. 29th Avenue, Suite 700 Aventura, FL 33180 Re: $845,000.00 Loan dated April 21, 2017 (the "Loan") from Taylor Made Lending, LLC, a Florida Limited Liability Company, to ST. JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, INC., a Florida Not for Profit Corporation (the "Borrower"), which Loan was assigned to 3311180 Canada Inc., a Canadian Corporation, as to an undivided fifty (50%) percent interest, and Colcofin Consultants Inc., a Canadian Corporation, as to an undivided fifty (50%) percent interest (the "Lender"), with respect to the Mortgage on the following real property: Unit No. 5204, of MINT CONDOMINIUM, a Condominium, according to The Declaration of Condominium recorded in Official Records Book 27248, Page 1, and all exhibits and amendments thereof, Public Records of Miami -Dade County, Florida (the "Property"). Mr. Dennis: This office represents the Lender, 3311180 Canada Inc., a Canadian Corporation, as to an undivided fifty (50%) percent interest, and Colcofin Consultants Inc., a Canadian Corporation, as to an undivided fifty (50%) percent interest, in connection with the Loan as described herein. You have failed to make the following payment: Interest Payment Due 12/1/2021 Total Due: $7,745.83 $7,745.83 The failure to make the aforesaid payment pursuant to the Note, and Mortgage dated April 21, 2017 (the "Loan Documents") is a violation of the Loan Documents. Also, there is a Delinquent Tax Certificate for Year 2020 in the amount of $22,466.99 based on the amount due by December 30, 2021. In addition, your Mortgage has matured and you are to pay off and satisfy the mortgage in full, plus accrued interest within thirty (30) days from the above date, or the Lender will pursue its remedies authorized under Florida law which include, but are not limited to, filing a foreclosure in the Circuit Court. The foregoing constitutes defaults under the Loan Documents ("Defaults"). As a result of the Defaults, Lender hereby elects to accelerate the Loan. Please be advised that the Defaults may not constitute all current defaults under the Loan and nothing contained in this Letter shall be deemed to be an acceptance by Lender of any other current default or a waiver of Lender's right to enforce any other current or future default under the Loan. As a result of the Defaults, the Loan has been accruing interest and will continue to accrue interest at the Default Rate specified in the Promissory Note, and the Borrower is liable for the late charges, attorney's fees and costs, and collection expenses incurred by the Lender, and any and all other sums specified in the Loan Documents (the "Payoff Amount"). As of the date of this letter, the amount due is as follows: -Principal -Accrued Interest through 12/1/2021 @ 11 % interest $ 845,000.00 $ 7,745.83 TOTAL DUE: $ 852,745.83 This is an attempt to collect a debt. Any information obtained will be used for that purpose. We are providing you with the following information in accordance with the Fair Debt Collection Practices Act: 1. Unless you, within thirty (30) days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid. 2. If you notify us in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt and a copy of such verification will be mailed to you by us. 3. Upon your written request within thirty (30) days, we will provide you with the name and address of the original creditor, if different from the current creditor. The foregoing information pertains only to verification of indebtedness. It does not mean that you have thirty (30) days to comply with the demands set forth in this letter. 2 If you notify the firm in writing that you advise the firm to cease contact by telephone at your place of employment, then no such further contact shall be made. If you refuse to pay the debt or you wish the firm to cease further communication with you, then the firm shall not communicate further with you in respect to the debt, except to advise you that the creditor may invoke specified remedies which are ordinarily invoked by the firm or to notify you that the creditor intends to invoke a specified remedy permitted by law. PLEASE GOVERN YOURSELF ACCORDINGLY. JSP:ss Very truly yours, JOEL S. PIOTRKOWSKI 3 Feet' x TRACK ANOTHER SHIPMENT 775566006264 ADD NICKNAME Delivered Wednesday, 12/22/2021 at 2:15 pm FROM MIAMI BEACH, FL US MANAGE DELIVERY Travel History TIME ZONE Local Scan Time DELIVERED Signed for by: A.ARTHUR GET STATUS UPDATES OBTAIN PROOF OF DELIVERY TO Aventura, FL US Wednesday, December 22, 2021 215 PM Aventura, FL Delivered 11:31 AM NORTH MIAMI BEACH, FL 0n FedEx vehicle for delivery 9:02 AM NORTH MIAMI BEACH, FL At local FedEx facility Tuesday, December 21, 2021 9:35 PM FORT LAUDERDALE, FL At destination sort facility 9:20 PM FORT LAUDERDALE, FL Left FedEx origin facility 7:22 PM FORT LAUDERDALE, FL Picked up 11:41 AM Shipment information sent to FedEx Expand History N Shipment Facts TRACKING NUMBER SERVICE 775566006264 FedEx Priority Overnight DELIVERED TO TOTAL PIECES Receptionist/Front Desk 1 WEIGHT 0.5 Ibs / 0.23 kgs TOTAL SHIPMENT WEIGHT 0.5 Ibs / 0.23 kgs TERMS SHIPPER REFERENCE PACKAGING Shipper St. John (92) FedEx Envelope SPECIAL HANDLING SECTION Deliver Weekday ACTUAL DELIVERY 12/22/21 at 2:15 pm SHIP DATE 12/21/21 STANDARD TRANSIT 12/22/21 before 11:30 am Q FeCLi X TRACK ANOTHER SHIPMENT 775565934181 ADD NICKNAME Delivered Wednesday, 12/22/2021 at 2:29 pm DELIVERED Signature not required GET STATUS UPDATES OBTAIN PROOF OF DELIVERY FROM TO MIAMI BEACH, FL US MIAMI GARDENS, FL US MANAGE DELIVERY `" Travel History TIME ZONE Local Scan Time Wednesday, December 22, 2021 2:29 PM W O MIAMI GARDENS, FL Delivered Package delivered to recipient address - release authorized 9:46 AM MIRAMAR, FL At local FedEx facility 9:46 AM MIRAMAR, FL On FedEx vehicle for delivery 8:32 AM MIRAMAR, FL At local FedEx facility Tuesday, December 21, 2021 9:35 PM FORT LAUDERDALE, FL At destination sort facility 9:20 PM FORT LAUDERDALE, FL Left FedEx origin facility 7:22 PM FORT LAUDERDALE, FL Picked up 11:38 AM Shipment information sent to FedEx Expand History u Shipment Facts TRACKING NUMBER SERVICE WEIGHT 775565934181 FedEx Priority Overnight 0.5 Ibs / 0.23 kgs DELIVERED TO TOTAL PIECES TOTAL SHIPMENT WEIGHT Residence 1 0.5 Ibs / 0.23 kgs TERMS SHIPPER REFERENCE PACKAGING Shipper St. John (92) FedEx Envelope SPECIAL HANDLING SECTION SHIP DATE ACTUAL DELIVERY Deliver Weekday, Residential Delivery 12/21/21 0 12/22/21 at 2:29 pm EXHIBIT NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT (THE ACT), 1; U_S_C_ SECTION 1601 AS AIYTIGNDI;D i . The amount of the debt is stated in the Complaint attached hereto. 1 The Plaintiff, as named in the attached Summons and Complaint, is the creditor to whom the debt is owed. 3_ The debt described in the Complaint attached hereto and evidenced by the copy of the abligarion attached hereto will be assumed to be valid by the creditor's law firm, unless the debtor, within thirty (30) days after the receipt of -this notice; disputes, in writing; the validity of the debtor some portion thereof. 4_ lithe debtor notifies the creditor's Iaw firm in writing within thirty (30) days of time receipt of this notice that the debt or any portion [hereof is disputed; the creditor's law firm will obtain a verification of the debt and copy of the verification will be mailed to Me debtor by the creditor's Inv firm. 5. If the creditor; named as Plaintiff in the attached summons and Complaint is not the original creditor, and lithe debtor makes a written request. to the creditor's law firm with time thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's Iaw fine_ 5. Written requests should be addressed to Bruce Hornstein, Esq., Bruce Hornstein, P.A.: 6961 Indian Creek Drive, Ivliami Beach; Florida 33141 _