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R14-038 1 a; RESOLUTION R14 -038 PI A RESOLUTION OF THE CITY COMMISSION OF tl THE CITY OF BOYNTON BEACH, FLORIDA, 5 ACCEPTING THE OFFER OF $5,120 AS s SETTLEMENT OF THE CITY'S SECOND 7 MORTGAGE AS A RESULT OF A PROPOSED SHORT SALE FOR CESAR RODRIGUEZ BASED t ON THE CITY'S SHORT SALE POLICY FOR II FIRST TIME HOMEBUYER ASSISTANCE I PROGRAM; AND PROVIDING AN EFFECTIVE I DATE. 1 1 i WHEREAS, with the assistance of the City of Boynton Beach's first time I , homebuyer assistance program Cesar Rodriguez purchased their home at 19 Crossings 1 ! Circle, #C, for $165,000 in April of 2006; and 1 �I WHEREAS, the City of Boynton Beach's second mortgage in the amount of 1 $64,000 is a zero interest (0 %) lien that runs concurrent with the first mortgage; and 2 WHEREAS, rather than be foreclosed upon, the homeowner was able to secure 21 a buyer for the property and their bank has agreed to a short sale in the amount of 2P $55,400; and 2 c WHEREAS, the proposed settlement offer is in accordance with the City's Short 2 , Sale Policy for the City's First Time Homebuyer Assistance Program; and 2 ) WHEREAS, the City Commission of the City of Boynton Beach upon 1 20 recommendation of staff, deems it to be in the best interest of the citizens and residents 27 of the City of Boynton Beach to accept the offer of $5,120 as settlement of the City's 2i second Mortgage as a result of the proposed short sale for Cesar Rodriguez. C 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION i 3 ) OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: \ \Apps3 City Cbb\Auto \Data\2 I 1 \Items\202\2985 \3805 \Reso_- Accept_ Rodriguez_ Short Sale. Doc P Section 1. The foregoing "Whereas" clauses are hereby ratified and 11 confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida hereby accepts the offer of $5,120 as settlement of the City "s second Mortgage as a result 6 of the proposed short sale for Cesar Rodriguez. 7 Section 3. This Resolution will become effective immediately upon passage. 13 PASSED AND ADOPTED this 6 day of May, 2014. 1 p CITY OF BOYNTON BEACH, FLORIDA 12 11 1 # Mayor — Je,% ay, lr l f 1 • 1 Vice Mayor — Joe Casello 21 22 Commission- — David T. erker ?3 / -mow 7; 25 2; Corner— a c• ay 27 23 2� 3) Commissioner — Michael M. Fitzp ick 31 ATTEST: - 33 _ �_ 3 . et M. Prainito, MMC 35 ity Clerk 35 37 33 a sot. .eal) tA 4 � .s3.10 Cbb ��ata\211 \ Items \202 \2985 \3805 \Reso - Accept Rodriguez_Short Sale.Doc 1. 0 N * The City of Boynton Beach DEPARTMENT OF DEVELOPMENT COMMUNITY IMPROVEMENT DIVISION 100 E Boynton Beach Boulevard Post Office Box 310 Boynton Beach, Florida 33425-031C TEL 561 742 6066 FAX 561 742 6089 www boyntor -beach orq City of Boynton Beach — Community Improvement Division SHORT SALE POLICY & GUIDELINES The City of Boynton Beach provides second mortgage subsidy assistance to first -time home buyers through its state SHIP housing assistance programs. The City Commission approved state regulations require the Community Improvement Division to encumber, by way of a thirty (30) year mortgage, all single - family residential property financially assisted with first time homebuyer grant funding. If the homeowner sells the assisted property or transfers title in any way, the entire amount of the second mortgage subsidy becomes due and payable to the City of Boynton Beach. When assisted property owners become financially distressed and can no longer afford to pay their first mortgage; or when the property owner must relocate out of Palm Beach County, a Short Sale will be authorized based upon the following criteria: I . The first mortgage lender must reimburse to City of Boynton Beach $4,000.00 or eight percent (8 %) of the remaining balance owed on the City's Second Mortgage, whichever is less. 2. The buyer of the assisted property cannot be a relative of the seller. 3. The seller of the assisted property shall not receive any money from the Short Sale transaction. 4. Community Improvement Division must review and approve the HUD Settlement Statement prior to the Short Sale closing. 5. Upon receipt of the Short Sale reimbursement, the City shall waive all rights to the file future judgments for deficiency against the homeowner. 6. Upon receipt of the Short Sale reimbursement, the Community Improvement Division shall satisfy the second mortgage subsidy. A request will be made for the City Attorney's office to prepare the Satisfaction for the City Manager's signature. 7. Clients that have been assisted with the City's Short Sale Policy are restricted from applying to the City of Boynton Beach for funding for any of its housing assistance programs for a period of five (5) years. 8. The owner of the property must provide proof of hardship that must include itemization of finances, bank statements, proof of income, tax returns, I St Mortgage information and property information with any request for a short sale. "Breeze into Boynton Beach, America's Gateway to the Gulfstream" S Community / mprovementtPohaes doc Community Improvement Division File Memorandum DATE: April 15, 2014 TO: Case File #4 -05 -019 Cesar Rodriguez purchased his home for $165,000 at 19 -C Crossings Circle on April 11, 2006. His first mortgage is with HSBC Mortgage Company in the amount of $101,000, and the City of Boynton Beach holds a second mortgage in the amount of $64,000.00. Mr. Rodriguez mentioned in his hardship letter that his financial situation changed in December of 2010 when his employer let him go. At the same time, his elderly mother that resided with him suffered a massive stroke. Mr. Rodriguez has spent his savings keeping his mortgage current, as well as paying for his mother's medical bills, who has since passed away. Mr. Rodriguez vacated his property earlier this year, and is staying with family. He has not been served with a Lis Pendens, and hopes to sell the property prior to foreclosure proceedings begin. We recommend the approval of the short sale based on this information. OSS:dar S \Community Improvement \memos \Memos To File \2014 \ShortSales \C Rodriguez doc OMB Approval No. 2502 -0265 I .i A. Settlement Statement (HUD -1) B hypo of l 'oj: 1. Q FHA 2 ❑ RHS 3. El Cony Untrue. 6 File Number 7. Loan Number 8 Mortgage Insurance Case Number. SS13018 4 ❑ VA 5 ] Cony. Ins C Note Thai form Is furnished to give you a statement of actual settlement costs. Amounts paid to end by the settlement agents we shown llama marked °(p o c7' were paid outside the dosing; they are shown here for Informational purposes and en not included in the totals D Name & Address of Borrower E Name & Address of Seller F. Name & Address of Lender, Sailfish Community Partners, LP Cesar A. Rodngtrez 638E Adansc Ave, Delray Beach, FL 33483 G Property Location H. Settlement Agent I Set0ement Data 04/30/2014 19 Crossings Or *C Perfect Title and Escrow, Inc Disbursement Date: 04/30/2014 Boynton Beach, FL 33435 1896 Palm Beach takes Blvd., Sub 202, West Palm Beach, FL 33409 561- 320.3588 Place of Settlement TIOeExpress 1896 Palen Beach Lakes Blvd, Sake 202, West Palm Beach, FL 33409 J. bum:i,ar,, o' f ° T ansact, on K. S„ or■a-y of ;JrlleiS'4dn5acroi 4 100. Gross Amount Due from Roamer 400. Gross Amount Baste o Seller 101. Contract sales price 55,400.00 401. Contract sales price 55400.00 102. Personal property 402, Personal property 103 Sedement charges to borrower (line 1400) 350.00 403 104 404. 105. w 405. _ Adjusbstents for Items paid by setter in advance Aayustments for Items paid by seller M advance 106 Uptown taxes to 406 CltyAtwn tae to 107 County faxes to 407 County taxes to 108 Assessments to 408. Assessments to 109 409 110 410 111 411 112. 412. 120. Gross Amount Due from Borrower 55,750.00 420. Gross Amount Due to Seiler _ 55,400.00 200. Amounts Paid by or in Behalf of Borrower 500. Reductions In Amount Due to Seller 201 Deposit or earnest money 501. Excess depose (see Instructions) 202 Prindpal amount drew ban(s) 502 Sedematt cbsges b seller (One 1400) 5,534.25 203 baling loan(s) Was subject to 503. Edging loan(s) been subject to 204 504 Payoff of fret mortgage ban 44,26466 205 505. Payoff dsebond mortgage ban 5,12000 206 506. 207. 507 206. 508. 209 500 Adjustment, for Remo unpaid by seller Adjustments for Items unpaid by seller 210 Gtfown taxes to - 510 CltyAowm taws to - 211 County taxes 01/01/2014 to 04/30/2014 48110 511 Candy taxes 01/01/2014 to 04/3012014 481.10 212 Assessments to 512. Assesmwnte to 213. 513. 214 514. 215 515 218 518 217 517 218. 518, 219 610. 220. Total Pahl bylfor Borrower 481.10 520. Total Reduction Amotud9ue Seller i 55,400.00 300. Cash at SstBsmont bonJt Bonewer 500. Cash at Settlement 4o#rem Seiler 301. Gross amount due torn borrower (One 120) r 55, 750 00 601. Gross amount due to ester (line 420) 55,400 0 302 Len amowde paid beior borrower (One 220) 48110 802 Lea redoctom In amount due seller One 520) 55,400 00 303. Cash © From [3 To Borrower 5520880 603. Corgi ©To From Seller 0.00 in. n- MINN* avenre ..ar.eve,a„r..nerm.*Nip ..., r.a.o ww.D. a rti.7pp,,,y , w..rw..rxre.....n..ni rw s. ..aw.wy ewer moo,,, owea* WO. ..v,..w..nuaw aomwrw+en wewPo-rw..-.egnasew.yn.ndrr n..my.er p.n pea lea• 02.50 .e.e.a ..w.am .wn.rv..an+ wee. Previous editions are obsolete Page 1 of 3 FIUD -1 L. Settitmeni Charges 700. Total Reel Efate Broker Fee* $324.00 Paid From Paid From Division of conMsekn9lw700)asfollows Borrower's Seller's 701 51,08200 to Tenacity Real Eatete Funds at Funds at 702. $1,002.00 to 145 CorlaW Settlement Settlement 701 Camm66nn paid at setlement 3,324.00 800. Mama Payable in Connection with Lan BOt. Our origination charge ( ksdudesCdgbatlon Point 0.000%ors0.00} S (from GFE #1) 802 Your credit or charge (points) for the specific 'merest rate chosen $ (from GFE #2) 803 Your adjusted origisalion charges (from GFE A) 804. Appraisal fee to (from GFE #3) 805. (redo report to (from GFE #3) 806, Tar service b (from GFE #3) 607 Roodcertllcehon to (tbomGFE#3) 805. to 900. Items Required by Lender to be Paid in Advance 801 Daly Interest charges from tom 04/3012014 to 05 (from GFE #10) 902 Mortgage insurance primers months to prom GFE IR) 903 Homeowners insurance months to pram GFE 011) 904. months to prom GFE #11) 1000. Renown Deposited with Lender 7001 Segal deposit for your escrow account prom GFE #9) 1002 Homeowner's insurance months 0 $ /month 1003. Mortgage insurance months 0 $ /month 1004 Property taxes mouths @ $ hnorth 1005 County taxes months Q $ 122.97Anonth $ 1008. Assessments months @ 9 0.00hnonth $ 1007. Aggregate Adjustment S 1100. Title Charges 1101. The services and lenders t'e insurance $ (ham GFE #4) 350.00 1102. Settlement attuning tee lo PrtecI Tite and Escrow, Inc 5350.00 750.00 110.1 Owners title insurance - WeeIc r Land Title beau* Company $ (from GFE) 31855 1104. Lenders lee insurance - Weston( Land Tile insurance Careeny 1105. Lender's Otle poicy knit saw Lenders Policy 1100. Owners tee parcy limit 555,40000 Owners Polk y 1107 Agent's portlan of the total title Insurance premnm 527.2 to Perfect TRe and Escrow, Inc 1108 Undenwteraportonof the total tile Insurance prensum $95.56 to Wesicor Lard Title insurance Company 1109. Pee Search Fee to Wescor Land TAk Insurance 125.00 Canvany 1110 to $ tilt to $ 1112 Wire Fee to Perfect Tile and Escrow, Inc 7500 1113 to s 1200. Government Recording and Transfer Merges 1201 Government deco: Ong charges s (from GFE #7) 1202 Deed 518.60 Mortgages Release 51650 37.00 1203 Transfer tares S (from GFE #8) 1204 Documentary Stamps Deed Deed 5387 so Mortgage S 381 e0 1205 Documentary Stamps Mtg Deeds Mafgrga $ 1205 Intangible Tau Deed $ Mortgage $ 1300. Additional Sstlfement Charge* 1301. Required services that you can shop for (from GFE#6) 1302. to 1303. to 1304 to $ 1305 Estopple Letter Fee to $ 25000 1306 to $ 1307. DefnquentTaxes to $ 268.90 14 ?l1. Eifel S16r+ a -nt 1:i Jule: c1 h'r,i 10. 5r'ca■ 1., cell J ,r. S�cao.I RI 350.00 5,534.25 'Paid outside of dosing by (Borrower, (S)eUa, (L)ender, 0)nserior, Bro(K)er. "Credt by lender shown on page 1 "'CYedt by seller shown on page 1. Previous editions are obsolete Page 2 or 3 HUD-1 Comparison of Good Faith Estimate (GFE) and HUD4 Charges Good Faith Estimate NOW Charles That Connell/terms NUD•1 Line Number Our aiginamon charge it 801 000 000 Your credo or chage4ponta) for the specltlo letemat rats cheese # 802- 0.00 000 Your adjusted originate:a charges # 803 0 00 000 Tradder taxes # 1203 0.00 0.00 « • That In Tdtat Gamaot'Maeeee More Than 1 Good Faith Estimate 111.10.1 Government charges .1201 000 000 T11Sg , - '1flolemdds fide Laurence - - 0101. - 000 350.00 Owner's )•; #1 03,, 000 0.00 1304 0 00 000 Estoppletptlerfee y(1305 " 000 000 dtl 06 000 000 - Delinquent Tares 0130 0.00 0.00' o nra 0.00 350.00 li h r•.ra HJ■ $ 350.00 or 0999999% Char bs r Can Gttinge - Good Filth Estimate HUD•1 IrdIal depO4Etory r oi►waxy Wallet' .• ' • ' - . O'0G1 000 900 Daifr01tget.ehireishad • - , - k S- , /day 000 000 Honieoyarers insists # 000 0 00 # # t # Loan Terms Your Mal loan amount Is $ Your loan arm is yeas You initial interest rate is Your rntbel monthly a mount owed for principal interest, and any mortgage s includes insurance is ❑ Principal ❑ Interest ❑ Mortgage Insurance Can your Interest rate rise? © No ❑ Yes, i can rise to a maanwm of 16 The first change we be on / I and can change again every years after I 1 Every change date, your Interest rate can maease a decrease by %. Over the ids of the ban, your interest rate is guaranteed to never be low than % or higher than %. Evan If you make payments on erne, can you ban balance rise? © No ❑ Yes. it can dare toe maximum of $ Even if you make payments on time. can you nonOdy amount paved for © Na ❑ Yes, the first increase can be on / 1 and the movfdy principal, interest, and mortgage insurance d e e? amount owed can rise 13$ The maximum it can ever nse to Is $ Does your Can have a prepayment penally? © No. ❑ Yes, your maximum prepayment penalty is S Does you ban haves bade n payment? © No ❑ Yea, you have a balloon payment of $ due in years on f / Total monthly amount owed Including escrow account payments © You do not have a monthly escrow payment for dens, such as property taxes and homeowner's insurance You must pay these items directly yourself ❑ You two an adddanal monthly escrow payment of 9 that results in a teal enfal monthy armunt owed of $ This includes pdnapat utlerest any mortgage Insurance and any items checked below. ❑ Property taros ❑ Homeowners insurance ❑ Flood Insurance ❑ ❑ ❑ Note: If you have any questions about the Settlement Charges and Loan Terms listed on the form, please contact your lender Previous editions ere obsolete Page 3 of 3 HUD-1 . i 53tkie ... List Price: $ 85,000 Residential Full Report - " - • MLS #: R3370285 St: New Type: RES Rang.P: r �� - , ; Area: 4320 GEOArea: , P812 , . „_, ,.Sub Type: e• C - c Typ .•,,. - „. : Ong..LP -:S 85,000 , Address: 19 Crossings Or # C r`-- City: Boynton Beach Zip Code: 33435 - 2187 - County: Palm Beach Zoning: res Tax ID (Realist): 08434515190190030 j_ ; Legal: Crossings Boynton Beach Condo Lot: 81k :, Subdivision: Crossings Boynton Beach Condo Front Exp: E Development Garage: Model Name: „ r Lot Size: Carport; , 1 , Waterfront: N WTR Frontage: Prnr Pooi: N Dods #• Parking Spa Mum Offers Accptd: N Virtual Tour. Short Sale: Y Short Sale Add: Y Hrdshp Pack:COMPLE RED: N Living Rm: 18 x 14 Den: Master BR: 16 x 14 Liv SqFt: 953 BR: 2 Kitchen: 14 x 12 Family Rm: Bedroom 2: Tot SgFt: 1,000 Fe: 2 Dining Rm: Florida Rm: Bedroom 3: Guest Hse: NB: 0 Dining Ar: Patio /Baic: Bedroom 4: Yr Built: 19851 FANS: Utility: Porch: Bedroom 5: Pool Size: Pets: Y . Bldg #: Unit Fir #: Land Lease: Mobile Home Size: Floors /Bldg: 2 Rec Lease: Decal #: Units /Bldg: Min Days /Leases: 365 Serial #: Units /Complex: Lease Times /Yr: Brand Name: Governing Bodies: HOA Application Fee: Tax Year /Amt: 2012/ $255 HOA: M/ $325 / MON Mbrshp Equity: Spec Asmt: N Dir: GATEWAY east of 195 to N. Seacrest Blvd to 26 ay. West LO: 800982 Highlight Realty 561 305 5533 X: Fx: 561 3008910 IA: 63094818 Aneta Illeva 561-305 -5533 Cell Phone: 561 - 305 -5533 CLO: LD: 05/27/13 CLA: XD: 12/27/13 Compensation: NonRep: 3% Buyer Age Trans Brk: Bonus: LA E -mail: anela88Qgmaii.com Dual /Var Rate: N List Type: ER EX - Owner: Cesar A Rodriquez ' Owner Phone: 561- 306 -4191 List Off Agency: TRANBK EXCELLENT COMMOTION/. VERY CLEAN. NEAR SCHOOL BEACH, 1435, CASH ONLY Design: View: Const: CBS WtrFrt: NONE lint Desc: Secur: Roof: Mmbrsh: Floors: CERAMIC TILE, CARPET Cool: CENTRAL Frnsh: UNFURNISHED Heat: CENTRAL Dining: Utilities: 3 -PHASE ELEC Gat Hse: Boat Service: MSR /MBath: COM TuB /sHR Spec Info: Rooms: NONE Restrctn OTHER Window / Temts: Feelncl: Equip /Apps: WASHER, DRYER, REFRIGERATOR, DISHWASHER, ELEC WTR HTR, DISPOSAL Private Pool: Parking: Lot Desc: Mil Features: Subdv Info: POOL, TENNIS, CLUBHOUSE Interior: NONE Exterior: Show: APPT ONLY, CALL OWNER Taxes: COUNTY ONLY DOM: Poss: AT CLOSE . Terms:CASH ., Byr Orig: MOM: 0 Pending Date: Closing Date: SP: Terms: Type of Contingencies: Selling Agent: Addenda Remarks: Selling Office: — The accuracy and authenticity of this information is not guarantee lkwat topl- 1b Whorl i onc x1 F. ..j. 1 .j• I am o.1Yitin2 4 i' )ta --e✓ to G.npl fly finoncClcf) 5 14vcrrIon. Z D ct bsy ,..0to 1051 m JOb, 5 ;n(. 41-Len hewn. bo.rl loo n2 For wocK bu4 T hovel' -1 pc»ncl noy 2vax1 q 'Y� l imd job. At 4‘-,c s4ry - 1�w►� Der,zr►-,bc ' %Of0 " mc,Thuf svFFc/c.P 054i S -FeDit . in2 iv 6.d c*v d be ' o r - 1h q sha. was admi a i Cri 41i hopri1a/ man - I•r'&r U)t 56 pct sa.d ciwo a o Z?e. - 4 y 30411 ,s.o� ,. bo.tn ( may vno F r ny l -two .rtp,'s C +wo yet.015 civet Fiui. r'ro+r1h5 b r,ow), , ctyinQ 5omc of my m [P}h2Y 5 ,n d d i t 64115 Yny par5or a I ivK1u csk¢d Yny mDriga . a v €d t a.7dictt.5l' n rxl f my 5ctuhi s ecreci n rr,a 4o Ka. 4116 herrcl d &5►c.ion 4o IzraAre ,r..,y home. ax) 16 auel14 v► llous4. I ndvar" ik ovg.S -16- 1 w ou lot ICLCIVd ! 1, ;a rrly dnuim cov+-e¢. hue. 4o hENt. r ,, own ?iincst, o Butz bu' 4odgy Ctrcum54elneif.s forca. nil. 40 lacavc.. I clir.) aJo:T- 1111ozz} I could, avaf bz.ir12 vnQmpb 1 pcii4 my vntor49c1ojl toy -1io yi u'S v& � 5c1V■r7g5, b�1 I ca r,61. Jo 4 Sosmd. ef ve y loft el eold 1 have, ncs1 -lba r40U0c45 4o .t.cp v p cot h pay a.n -19, c cuifan-I)y me v, o+{{chEcl-nart-I'S 40 'iQw-te -1.111„. Pwp dy cold awl rasagrch'ing diF�a,ra�� fd u ty r tc ►bsct's 1 mQl eibk. -{o Iiue WiTh -tha.m u h) l con fLr ld c7 6 )ob. P1 5d. c..4n5icio m si ion a+4 zip w,¢, rebu!U. My }ira. 31ncit-r¢ C-so' . oc�ri qv�Z , of /1414 4- �.1 I WJIMVI111111OIIIIIU11a* This fnstrument was prepared by CFN 20060225552 The City Of Boynton Beach OR BK 20211 PG 0288 RECORDED 04/18/2006 08:45 :57 Poet City Box Boynton Boynton Beach, Florida 33425 -0310 AIT'�64e000. C 0 ounty, Florida Return to: Community Improvement Deed Doc 224.00 Sharon R. Bock, CLERK & COMPTROLLER Pgs 0288 - 298; tllpgs) SECOND MORTGAGE AND SECURITY AGREEMENT THIT Tr O tD MORTGAGE AND SECURITY AGREEMENT ( "Mortgage "), made this day of April, 2006 between Cesar Rodriquez, a single mark k whose post office address is: 22850 S.W. 13 Place, #D, Boca Raton, Florida 33428 (hereinafter called "Mortgagor") and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, as Mortgagee and Secured Party, whose post office address is: 100 East Boynton Beach, Florida 33435, (hereinafter called the "Mortgagee "). WITNESSETH: WHEREAS, Cesar Rodriquez is justly indebted to the Mortgagee in the principal sum of Sixty Four Thousand 00/100 Dollars ($64,000.00) as evidenced by a certain Promissory Note ( "Note ") of even date herewith, executed by and delivered to Mortgagee, payable according to the terms therein provided, and by reference being a part hereof to the same extent as though set out in full herein; and WHEREAS, this second mortgage is an interest -free deferred payment loan instituted under the City of Boynton Beach SHIP Program in which the Mortgagor holds the note and mortgage, and the loan will be paid upon the sale of the property if sold short of the term of the first mortgage or upon Mortgagor's default. NOW THIS INDENTURE WITNESSETH, to secure the performance and observance by Cesar Rodriquez of all the covenants, conditions and agreements in the Note, this Second Mortgage, and any other instrument, agreement or document collateral to or executed or delivered in connection with the loan transaction, (collectively the "Loan Documents "), and in order to charge the properties, interest and rights hereinafter described with such payment, performance and observance, and for and in consideration of the sum of TEN ($10.00) DOLLARS paid by Cesar Rodriquez and for other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warranty and confirm unto the Mortgagee, its successors and assigns forever; ALL that certain piece, parcel or tract of land in which the Mortgagor has a fee simple interest situate in the County of Palm Beach, State of Florida (hereinafter called the "Land "), more particularly described as follows: Unit C, Building 19 of the CROSSINGS OF BOYNTON BEACH CONDOMINIUM, according to the Declaration of Condominium thereof, recorded in Official Record Book 4071, Page 1175, and Amendments thereto, including, but not limited to Amendment adding Phase Five, recorded in Official Record Book 4304, Page 626, Public Records of Palm Beach County, Florida. Property address: 19 -C Crossings Circle, Boynton Beach, FL 33435 PCN: 08- 4345 -15 -19 -019 -0030 TOGETHER WITH all lands, buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, furniture and other personal property of every nature whatsoever now or hereafter owned by the Mortgagor and located in, on, or used or intended to be used in connection with the operation of the Land, building, structures or other improvements, betterments, renewals, and replacements to any of the foregoing; and all of the right, title and interest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Mortgagor or on Mortgagor's behalf; TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to or located on the Mortgaged Property, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property, (ii) all articles of personal property and all materials delivered to the Mortgaged Property for the use and operation of said property or for use in any construction being conducted thereon, and owned by Mortgagor; (iii) all contract rights, including construction contracts, service contracts, advertising contracts, purchase orders, equipment leases, all other contract rights associated with the Mortgaged Property, general intangibles, actions and rights of action, all deposits prepaid expenses, permits, licenses, including all rights to insurance proceeds, (iv) all right, title and interest of the Mortgagor in all trade names and trademarks hereinafter used in connection with the use of the Mortgaged Property, and (v) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing. Mortgagor hereby grants to Mortgagee, as a secured party, a security interest in all fixtures, rights in action and personal property described herein. This Mortgage is a self - operative security agreement with respect to such property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. In addition to those specified herein Mortgagee shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Page 2 of 11 ARTICLE ONE PARTICULAR COVENANTS OF MORTGAGE 1.01 Performance of Note and Mortgage. The Mortgagor will perform, observe and comply with all provisions hereof, of the Promissory Note (hereinafter referred to as "Note ") secured hereby and any of the other Loan Documents, and will promptly pay to the Mortgagee the sum of money expressed in the Promissory Note with interest thereof and all other sums required to be paid by the Mortgagor pursuant to the provisions of the Amended and Restated Note and the Mortgage on the day or days when payment shall become due, all without deduction or credit for taxes or other similar charges paid by the Mortgagor, time being of the essence for such payments. The Loan secured by this mortgage shall be paid to the Mortgagee without interest upon sale of the property and shall be for the term of the first mortgage. If the property is not sold prior to the expiration of the first mortgage, then the loan shall be fully forgiven and nothing shall be owed. 1.02 Warranty of Title. The Mortgagor covenants that it is indefeasibly seized of the Land in fee simple, has good, marketable and absolute title to the Mortgaged Property and has full power and lawful right to convey and mortgage the same in the manner and form aforesaid. That the Mortgaged Property is free from all encumbrances except taxes for the current year a first mortgage in favor of HSBC Mortgage Corporation and its successors, and any other permitted encumbrances. The Mortgage hereby makes further assurance to perfect fee simple title to the Land in the Mortgagee as may be reasonably required. The Mortgagor does hereby fully warranty the title to the Mortgaged Property against claims of all persons whomsoever. 1.03 Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the Mortgaged Property, insured against loss by fire or other hazards, casualties, and contingencies, including but not limited to flood, in such amounts and for such periods as may be required by Mortgagee, and to pay promptly when due, all premiums on such insurance policies or renewals. 1.04 Condemnation. If all or any part of the Mortgaged Property shall be damaged or taken through condemnation (which term when used in this Mortgage shall include any damage or taking by any governmental authority, and any transfer by private sale in lieu thereof, either temporarily or permanently), the entire indebtedness secured hereby shall at the option of the Mortgagee become immediately due and payable if the Mortgagee in its sole discretion determines that its security under this Mortgage is impaired. The Mortgagee shall be entitled to all compensation, awards, and any other payments of relief therefore and is hereby authorized, at its option to commence, appear in and prosecute, in its own or the Mortgagor's name, any action or proceeding relating to any condemnation, and to settle or compromise any claim in connection therewith. All such compensation, awards, damages, claims, rights of action and proceeds and the rights thereto are hereby assigned by the Mortgagor to the Mortgagee, who after deducting therefrom all its expenses including attorneys' fees, may release any monies so received by it without affecting the lien of this Mortgage or may apply the same in such manner as the Mortgagee shall determine, to the reduction of the sums secured hereby, and any balance of such monies then remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further assignments of any compensations, awards, damages, claims, rights of action and proceeds as the Mortgagee may require. Page 3 of 11 1.05 Expenses. Mortgagor shall pay, or reimburse Mortgagee for all costs, charges and expenses, including reasonable attorneys fees, including appellate proceedings, and disbursements, and costs of abstracts of title incurred or paid by Mortgagee in any action, proceeding or dispute in which Mortgagee is made a part or appears as a party plaintiff or party defendant because of the failure of the Mortgagor promptly and fully to perform and comply with all conditions and covenants of this Mortgage and the Note secured hereby, including but not limited to, the foreclosure of this Mortgage, condemnation of all or part of the Mortgaged Property, or any action to protect the security thereof. All costs, charges and expenses so incurred by Mortgagee shall become due and payable whether or not there be notice, demand, attempt to collect or suit pending. The amounts so paid or incurred by Mortgagee, together with interest thereon at the default rate as hereinafter defined from the date incurred until paid by Mortgagor, shall be secured by the lien of this Mortgage. ARTICLE TWO DEFAULTS 2.01 Event of Default. The term "Event of Default" wherever used in the Mortgage, shall mean any one or more of the following events: (a) Failure by Mortgagor to pay, within fifteen (15) days of its due date any deposits for taxes and assessments or insurance premiums due hereunder, or any other sums to be paid by Mortgagor hereunder or under any other instrument securing the Note. (b) Failure by Mortgagor to duly keep, perform and observe any other covenant, condition or agreement in the Note, this Mortgage or any of the other Loan Documents for a period of ten (10) days after the Mortgagee gives written notice specifying the breach. If the default cannot be cured within such ten days, the commencement of such action to cure the default and the diligent and continuing effort to cure same shall be acceptable. (c) If Mortgagor or any endorser or guarantor of this Note shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan, assignment for the benefit of creditors, receivership, dissolution, or similar relief under any present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Mortgagor for all or any part of the properties of Mortgagor or of any guarantor or endorser of the Note; or if within thirty (30) days after commencement of any proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, debtor relief or similar relief under any present or future federal, state or other statute or law, such proceeding shall not have been dismissed or stayed on appeal; or if, within the thirty days after appointment without the consent or acquiescence of Mortgagor or of any endorser or guarantor of the Note, of any trustee, receiver, or liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Mortgaged Property, such appointment shall not have been vacated or stayed on appeal or otherwise; or if within ten (10) days after the expiration of any such stay, such appointment shall not have been vacated. Page 4 of 11 (d) The entry by any court of last resort of a decision that an undertaking by the Mortgagor as herein provided to pay taxes, assessments, levies, liabilities, obligations or encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any law changing in any way or respect the laws now in force for the taxation of mortgages or debts secured thereby for any purpose or the manner of collection of any such taxes, so as to effect adversely this Mortgage or the debt secured hereby unless the Mortgagor can and does in a proper and legal manner, pay any and all sums of whatever kind which may be incurred or charged under such new or modified law. (e) If foreclosure proceedings should be instituted on any mortgage inferior or superior to the Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which is not dismissed or transferred to bond within thirty (30) days of the service of foreclosure proceedings on the Mortgagor. (f) Any default under any mortgage superior or inferior to the Mortgage. (g) Any modification of any mortgage superior or inferior to the Mortgage, increase in the amount outstanding under any superior or inferior mortgage, whether pursuant to a future advance agreement or otherwise, or waiver of any principal or interest payments on any note or mortgage superior or inferior to this Mortgage, or release of any guarantor or modification of any guaranty affecting any superior or inferior mortgage. (h) Any breach of any warranty or material untruth of any representation of Mortgagor contained in the Note, this Mortgage or any of the other Loan Documents. (I) Any action prohibited by paragraph 3.01 infra. (j) If the mortgaged property is sold, transferred or refinanced prior to the expiration of the first mortgage or any prior mortgage the entire amount of the loan shall be returned forthwith to Mortgagor, the City of Boynton Beach SHIP Program. (k) Upon the homeowner(s) death, provided that the new owner is not income eligible under SHIP Guidelines and/or the dwelling on the mortgaged property is not the primary residence of the new owner. For the new owner to be eligible, he or she must set up primary residence in the dwelling within a reasonable time and be income eligible under SHIP guidelines. If the new owner is not eligible, the loan shall be due and payable to the Mortgagor. (I) Lease of any portion of the mortgaged property to a third party. 2.02 Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, the Mortgagee may, at its sole option, declare the entire principal amount of the Note then unpaid, and the interest accrued thereon to be due and payable immediately, and upon such declaration such principal and interest shall forthwith become and be due and payable, as fully and to the same effect as if the date of such declaration were the date originally specified for the maturity of the unpaid balance of the Note. Page 5 of 11 2.03 Mortgagee's Power of Enforcement. if an Event of Default shall have occurred and be continuing the Mortgagee may proceed by suit at law or in equity or by any other appropriate proceeding or remedy (a) to enforce payment of the Note or the performance of any term hereof or any other right (b) to foreclose this Mortgage and to sell, as an entirety or in separate lots or parcels, the Mortgaged Property, under the judgment or decree of a court or courts of competent jurisdiction, and (c) to pursue any other remedy available to it, all as the Mortgagee shall deem most effectual for such purposes. The Mortgagee shall take action either by proceedings or by the exercise of its powers with respect to entry or taking possession, as the Mortgagee may determine. 2.04 Leases. The Mortgagee, at the Mortgagee's option, is authorized to foreclose this Mortgage subject to the rights of any tenants of the Mortgaged Property, and the failure to make any such tenants parties defendant to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to by the Mortgagor, a defense to any proceedings instituted by the Mortgagor to collect the sums secured thereby, or any deficiency remaining unpaid after the foreclosure sale of the Mortgaged Property. 2.05 Principal and interest Become Due on Foreclosure. Upon commencement of suit or foreclosure of this Mortgage, the unpaid principal of the Note, if not previously declared due, and the interest accrued thereon, shall at once become and be immediately due and payable. 2.06 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Mortgagor agrees to the full extent permitted by law, that in case of default on its part hereunder, neither the Mortgagor nor anyone claiming through or under it shall or will set up, claim or seek to take advantage of any appraisement, valuation, stay, extension, or redemption laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, or the absolute sale of the Property being conveyed, to the final and absolute putting into possession thereof, immediately after such sale; the purchasers thereof, and the Mortgagor, for itself and all who may at any time claim through or under it, hereby waive to the full extent that it may lawfully do so, the benefit of all such laws, and any and all right to have the assets comprised in the security intended to be created hereby marshaled upon any foreclosure of the lien hereof and agrees that the Mortgagee or any court having jurisdiction to foreclose such lien may sell the Mortgaged Property as an entirety. 2.07 Acceleration; Application of Monies by Mortgagee. (a) If default shall be made in the payment of any amount due under the Mortgage or the Note secured hereby, then, upon demand of the Mortgagee, the Mortgagor will pay to the Mortgagee the entire amount due and payable under the Note. If Mortgagor shall fail to pay the same forthwith upon such demand, the Mortgagee shall be entitled to sue for and to recover a judgment for the whole amount so due and unpaid together with costs, which shall include the reasonable compensation, expenses and disbursements of the Mortgagee's agents and attorneys either before, after or during the pendency of any proceedings for the enforcement of the Mortgage including appellate proceedings. The right of the Mortgagee to recover such judgment shall not be affected by any taking, possession, or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. Page 6 of 11 (b) In case of a foreclosure sale of any of the Mortgaged Property and of the application of the proceeds of sale to the payment of the debt hereby secured, the Mortgagee shall be entitled to enforce payment of and to receive all amounts then remaining due and unpaid upon the Note, and the Mortgagee shall be entitled to recover a judgment for any portion of the debt remaining unpaid, with interest. (c) The Mortgagor agrees to the full extent that it may lawfully so agree, that no recovery of any such judgment by the Mortgagee and no attachment or levy of any execution upon any such judgment upon any of the Mortgaged Property or upon any other property shall in any manner or to any extent release the lien of the mortgage upon the Mortgaged Property or any part thereto for any liens, rights, powers or remedies of the Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies thus collected by the Mortgagee or received by the Mortgagee under this paragraph 2.07 shall be applied as follows: "First, to the payment of the reasonable attorneys fees and expenses incurred by Mortgagee, its agents and attorneys, including but not limited to taxes paid, insurance premiums paid receivers fees, etc. Second toward payment of the amounts due and unpaid upon the Note." 2.08 Delay or Omission No Waiver. No delay or omission of the Mortgage or of any holder of the Note to exercise any right, power, or remedy accruing upon any default shall exhaust or impair any such right, power or remedy nor shall same be construed to be a waiver of any such default, or acquiescence, herein; and every right, power and remedy given by this Mortgage to the Mortgagee may be exercised by Mortgagee from time to time and as often as may be deemed expedient by the Mortgagee. 2.09 No Waiver of One Default to Affect Another. No waiver of any default hereunder shall extend to or shall affect any subsequent or any other existing default or shall impair any rights, powers or remedies consequent thereon. If the Mortgagee (a) grants forbearance or an extension of time for the payment of any sums secured hereby, (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein or in the Note, (d) releases any part of the Mortgaged Property from the Note or Mortgage; (e) consents to the filing of any map, plat or replat thereof, (f) consents to the granting of any easement thereon, or (g) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify, change or affect the original liability under the Note or otherwise of the Mortgagor or any subsequent purchaser of the Mortgaged Property or any part thereof, or any maker, co- signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default nor, except as otherwise expressly provided in an instrument or instruments executed by the Mortgagee, shall the lien of this Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the Mortgagee, without notice to any person or corporation, is hereby authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder. Page 7 of 11 2.10 Discontinuance of Proceedings - Position of Parties Restored. In case the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Mortgagee, then in every such case, the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as if no such proceeding has been taken. 2.11 Remedies Cumulative. No right, power or remedy conferred upon or reserved by the Mortgagee by this Mortgage, is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and current and shall be in addition to any other right, power and remedy given hereunder or nor or hereafter existing at law or in equity or by statute. 2.12 Subrogation. The Mortgagee hereby is subrogated to the claims and liens of all parties whose claim or liens are discharged or paid with the proceeds of the indebtedness secured by this Mortgage. ARTICLE THREE MISCELLANEOUS PROVISIONS 3.01 No Transfer. It is understood and agreed by Mortgagor that as part of the inducement to Mortgagee to make the loan evidenced by the Note, Mortgagee has considered and relied upon the credit worthiness and reliability of Mortgagor. Mortgagor covenants and agrees not to assign, sell, convey, transfer, lease, enter into any management agreement, or further encumber any interest in or any part of the Mortgaged Property without the prior written consent of the Mortgagee, and any such sale, conveyance, transfer, lease, or encumbrance made without Mortgagee's prior written consent shall constitute an event of default hereunder. If the Mortgagor is not an individual, it is further understood and agreed that any assignment, sale, conveyance, transfer, encumbrance or pledge of any ownership interest of the Mortgagor without the Mortgagee's prior written consent shall be deemed a transfer of the Mortgaged Property and prohibited herein. 3.02 Uniform Commercial Code. The parties agree that this Mortgage is a security agreement under the Uniform Commercial Code for the purpose of creating a lien on the Mortgaged Property. 3.03 Maximum Rate of Interest. Nothing herein contained nor in the Note secured hereby or any instrument or transaction related thereto, shall be construed or so operate as to require the Mortgagor, Maker, or any person liable for the payment of the loan made pursuant to said Note, to pay interest in an amount or at a rate greater than the maximum allowed by law. Should any interest or other charges in the nature of interest paid by the Mortgagor, Maker or any parties liable for the payment of the loan of interest in excess of the maximum rate of interest allowed by applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal, balance shall be paid by the holder hereof to the Mortgagor, Maker or any parties liable for the payment of the loan made pursuant to said Note, it being the intent of the parties hereto that under no circumstances shall the Mortgagor, Maker or any parties liable for the payment of the loan hereunder, be required to pay interest in excess of the maximum rate allowed by law. Page 8 of 11 3.04 Default Rate. The Default Rate of interest shall be applicable subsequent to an Event of Default as defined in Paragraph 2.01 and where elsewhere provided for in this Mortgage. The Default Rate shall be the maximum interest rate per annum permissible under Florida Law, or Federal Law in the event Federal Law pre -empts Florida law or is otherwise applicable 3.05 Attorneys Fees and Expenses. Wherever provision is made herein from payment for reasonable attorneys fees or counsel fees or expenses incurred by the Mortgagee, said provision shall include, but not limited to, reasonable attorneys' or counsels fees or expenses incurred in any and all judicial, bankruptcy, reorganization, administrative, or other proceedings, including appellate proceedings, whether such proceedings arise before or after entry of a final judgment. 3.06 Notice. (a) Mortgagor. Any notice, demand or instrument authorized by this Mortgage to be served on or given to the Mortgagor may be served on or given to the Mortgagor at: 19-C Crossings Circle Boynton Beach, FL 33435 or at such other address as may have been furnished in writing to the Mortgagee by the Mortgagor. (b) Mortgagee. Any notice demand or instrument authorized by this Mortgage to be served on or give to the Mortgagor may be served on or given to the Mortgagor at: CITY OF BOYNTON BEACH ATTN: CITY ATTORNEY'S OFFICE 100 EAST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435 or at such other address as may have been furnished in writing to the Mortgagor by the Mortgagee. 3.07 Headings. The headings of the articles, sections, paragraphs and subdivisions of this Mortgage are for convenience of reference only, and are not to be considered a part hereof, and shall not limit or otherwise affect any of the terms hereof. 3.08 Invalid Provisions to Affect No Others. In case any one or more of the covenants, agreements, terms or provisions contained in this Mortgage, the Note or any of the other Loan Documents, shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms or provisions contained herein and in the Note shall be in no way affected, prejudiced or disturbed thereby. Page 9 of 11 ARTICLE FOUR ADDITIONAL PROVISIONS 4.01 Guarantors. As part of the inducement to the Mortgagee to make the loan evidenced by the obligation secured hereby, the Mortgagor has caused certain other persons to enter into continuing and unconditional guarantees of payment of any and all indebtedness and agreed by the Mortgagor that such representations and agreements by such other persons shall constitute for the purpose of its obligations hereunder, covenants on behalf of the Mortgagor. Page 10 of 11 IN WITNESS WHEREOF, Borrower and Lender have caused this Second Mortgage and Security Agreement to be executed in their names, all by authority duly given as of the day and year first above written. Signed, sealed and delivered in t r ence of: 676' goop ?e WITNES � S MORTGAGOR Cesar Rodriquez WITNESS CliA,57 W t. H,y AL& PRINT NAME WITNESS MORTGAGOR WITNESS PRINT NAME STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH) I hereby certify that on this day, before me, a Notary Public duly authorized in the State anq.. County above to take acknowledgements, personally appeared . C SCL+� rt. y ty,o z . He /she is personally known to me [or has produced -EL-- > L as identification] to be the person(s) described as Mortgagors in and who executed the foregoing mortgage and acknowledged before me that said persons executed that mortgage. Witness my hand and official seal in the County and State named above this 1 l day of April, 2006 • NO' PUBLIC-STATE OF FLORIDA Signed: - , � 'flK"� ' :, Dennis W Newman NO ARY PUBLIC Commission # DD48210 % ' I Expires: OCT. 16, 2009 Print Name: J1 t L''(, J b W yl4 „ended Thrb, Atlantic Banding .:v , T:. Page 11 of 11 PROMISSORY NOTE SHIP PROGRAM BOYNTON BEACH, Florida Dated: April 4 { , 2006 FOR VALUE RECEIVED the undersigned, Cesar Rodriquez, a single man, (hereinafter referred to as "Makers ") promise to pay to the order of CITY OF BOYNTON BEACH, a Florida municipal corporation, or its successors or assigns (collectively referred to as the "Holder"), at its offices located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 or such other place as the Holder hereof may from time to time designate in writing, the principal sum of Sixty Four Thousand and 00/100 Dollars ($64,000.00) to be paid in lawful money of the United States of America, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment as follows: This is a deferred payment loan issued under the guidelines of the City of Boynton Beach SHIP Program in which the Makers pay off the loan at the time the mortgaged property is sold if the property is sold prior to the term of the first mortgage. If the property is not sold prior to the expiration of the first mortgage and remains the permanent residence of the Maker, then in that event this note shall be forgiven and released. The Maker must permanently reside on the property during the term of the note and mortgage. In the event the Maker fails to comply or defaults, the entire unpaid principal balance shall be fully due, owing, and payable from the Makers to the Holder. This Note is secured by a Mortgage Deed, a/k/a Second Mortgage and Security Agreement (the "Mortgage ") of even date herewith encumbering and conveying real estate and property (the "Mortgaged Property") therein described and duly recorded among the Public Records of Palm Beach County, Florida. The Makers shall pay any and all applicable federal, state and /or local taxes with regard to the obligations set forth herein and shall provide the Holder with annual paid tax receipts within thirty (30) days subsequent to annual payment of obligations. Failure to timely pay such taxes shall be an event of default as provided for hereinafter. It is hereby agreed that if in the event default be made in the performance or compliance with any of the covenants and conditions of any security agreement now or hereafter in effect securing payment of this Note; then, in any or all such events, the entire amount of principal of this Note with all interest then accrued, if any, shall, at the option of the holder of this Note and without notice (the Makers expressly waives notice of such default), become and be due and collectible, time being of the essence of this Note. If this Note shall not be paid at maturity or according to the tenor thereof and strictly as above provided, it may be placed in the hands of an attorney at law for collection, and in that event, each party liable for the payment thereof, as Makers, endorser, guarantor, or otherwise, hereby agrees to pay the holder hereof in addition to the sums above stated, a reasonable sum as an attorneys fee, which shall include attorneys fees at the trial level and on appeal, together with all reasonable costs incurred. Page 1 of 2 Makers shall be in default of this Note if during the term of this Note, they assign, sell, convey, transfer, lease, enter into any management agreement, further encumber, or vacate the premises. in the event of such default, the loan amount of the promissory note shall be immediately due and payable. This Note is pre - payable in whole or in part at any time without penalty. As to this Note and the Mortgage, and any other instruments securing the indebtedness, the Makers, endorsers and guarantors, if any, severally waive presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note, and expressly agree that the Maturity Date of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the Makers, endorsers or guarantors. Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operate as to require the Makers, or any person liable for the payment of the loan made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any interest or other charges paid by the Makers, or any parties liable for the payment of the loan made pursuant to this Note, result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal balance shall be paid by the holder hereof to the Makers and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of the parties hereto that under no circumstances shall the Makers, or any parties liable for the payment of the loan hereunder, be required to pay interest in excess of the highest rate permissible under applicable law. This Note is to be construed according to the applicable laws of the State of Florida and the United States of America. MAKERS: SIGNATURE CESAR Ro IQUEZ SIGNATURE Page 2 of 2