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R13-023 I 1 RESOLUTION NO. R13- 1i74 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE SUBORDINATION OF THE CITY'S 6 MORTGAGE WITH MARTY DUNCAN IN FAVOR OF 7 U.S. BANK NATIONAL ASSOCIATION; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE 9 THE SUBORDINATION AGREEMENT BY THE CITY 10 OF BOYNTON BEACH IN FAVOR OF U.S. BANK 11 NATIONAL ASSOCIATION; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, upon recommendation of staff, the City Commission has determined 15 that it is in the best interests of the residents of the City to authorize the City Manager to 16 execute a Subordination Agreement in favor of U.S. Bank National Association for Marty 17 Duncan. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 hereby approve the request for subordination of the City's Mortgages and authorize the City 25 Manager to execute the Subordination Agreement for Marty Duncan in favor of U.S. Bank 26 National Association, a copy of which is attached hereto as Exhibit "A ". 27 Section 3. This Resolution shall become effective immediately upon passage. 28 1 PASSED AND ADOPTED this 5 -.41 day of March, 2013. 2 3 CITY • F BOYNTON BEACH . FLORIDA 4 5 4/ i a 6 Mayor - ::. 8 / �� 9 - ayor - Ma 10 1 11 • la* 12 / mm . : - r r ry Tay10 13 14 4 .. 111 411P r'. 15 Commiss - o zman 17 18 Commi oner - Wa e Segal 19 ATTEST: 20 21 22 t'r 23 Ja -t M. Prainito, MMC 24 it Clerk 30 eif 31 (St I .ova . e al) This Instrument Prepared by and Return to: JAMES A. CHEROF GOREN, CHEROF, DOODY AND EZROL, P A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the "Agreement ") is made this day of , 2013 by the City of Boynton Beach, a Florida municipal corporation, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435 (hereinafter the "CITY ") in favor of US BANK NATIONAL ASSOCIATION, whose address is 3151 Highland Pointe Drive, Owensboro, KY 42303 (hereinafter "US BANK "). WITNESSETH: WHEREAS, the CITY is the owner and holder of a certain Promissory Note in the original principal amount of Thirty-three Thousand Six Hundred and 00 /100 Dollars ($33,600.00), executed by Marty James Duncan, a single man (the "Mortgagor "), dated December 31, 2007, which note is secured by that certain Mortgage of even date and recorded on January 11, 2008 in Official Records Book 22378, Page 0643 of the Public Records of Palm Beach County, Florida (the "City Mortgage "); and WHEREAS, Mortgagor is the owner in fee simple of the following described real property (the "Property"), which Property is encumbered by the City Mortgage: Lot 140 and the South 25 feet of Lot 141, LAUREL HILLS THIRD ADDITION, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 23, Page 126. WHEREAS, US BANK has agreed to make a mortgage loan to the Mortgagor in the amount of $117,300.00, secured by a mortgage encumbering the Property (hereinafter the "New Mortgage "), provided that the City's Mortgage is subordinated to the New Mortgage; THEREFORE, in consideration of the sum of Ten Dollars and 00 /100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: 1. That the foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. That the City's Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. 3. That the City's Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage given by Mortgagor to US BANK dated and recorded in Official Records Book , Page of the Public Records of Palm Beach County, Florida. The City's Mortgage is only subordinate to the first $117,300.00 of US BANK'S New Mortgage and is not subordinate to any addition or future advances which may be made under the New Mortgage. 4. That this Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on , 2013. Signed, sealed and delivered CITY OF BOYNTON BEACH Lori LaVerriere City Manager STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on this day of , 2013 by , as of the City of Boynton Beach, who is either personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC My Commission Expires: 2 of 2