Loading...
R14-052 I 1 RESOLUTION NO. R14 -052 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, P APPROVING THE SUBORDINATION OF THE CITY'S MORTGAGE WITH AUDRA CAMPBELL N/K/A MCMILLON IN FAVOR OF NEW PENN FINANCIAL LLS; AUTHORIZING THE CITY MANAGER TO s EXECUTE THE SUBORDINATION AGREEMENT BY h THE CITY OF BOYNTON BEACH IN FAVOR OF NEW h PENN FINANCIAL LLS; AND PROVIDING AN EFFECTIVE DATE. �. he 1 ' WHEREAS, upon recommendation of staff, the City Commission has determined h • that it is in the best interests of the residents of the City to authorize the City Manager to 1. execute a Subordination Agreement in favor of New Penn Financial LLS., for Audra Campbell. : NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 11s THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 1 being true and correct and are hereby made a specific part of this Resolution upon adoption 1 hereof. 1 1 ,1 Section 2. The City Commission of the City of Boynton Beach, Florida does ' • hereby approve the request for subordination of the City's Mortgages and authorize the City ' • Manager to execute the Subordination Agreement for Audra Campbell n/k/a McMillon in ' • favor of New Penn Financial LLS.. a copy of which is attached hereto as Exhibit "A ". r Section 3. This Resolution shall become effective immediately upon passage. , . i i 1 PASSED AND ADOPTED this 1 day of July, 2014. 2 3 CITY OF BOYN BEACH, FLORIDA 4 5 6 ayor Je. / �, / "aylpr 7 \ i ��, 8 .. . 9 \Vi - or — Joe Casello 10 '� 1 Ip.. 12 Co - — , V - ker 1 ,1 5 ommisstOn/ — Mack M .y 6 7 � � 8 Commissioner — Michael M. • tzpatrick 9 ATTEST: 1 0 .2 .t• . PtC-rLi .3 Ja -t M. Prainito, MMC 1 .4 ity Clerk I 0 1 1 ( 4' • r Seal) 0 4, o n A 1 � R14 -052 This Instrument Prepared by: Stacey R. Weinger, Esquire 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 , 2014 by the City of Boynton Beach, a Florida municipal corporation, (the "CITY ") in favor of New Penn Financial LLS ( "NEW PENN ") WITNESSETH: WHEREAS, the CITY is the owner and holder of that certain promissory note and mortgage in the original principal amount of Twenty One Thousand Two Hundred and 00 /100 Dollars ($21,200.00), executed on July 19, 2004, which Mortgage was recorded on July 26, 2004 in Official Records Book 17304, Page 0264 of the Public Records of Palm Beach County, Florida (hereinafter referred to as the "Mortgage ") by Audra Campbell, a single woman ( "Mortgagor "), and WHEREAS, Mortgagor is the owner in fee simple of the following described real property (the "Property"), which Property is encumbered by the Mortgage: Lot 4, Block 4, MEEKS AND ANDREWS ADDITION, according to the Plat thereof as recorded in Plat Book 5, Page 84 of the Public Records of Palm Beach County, Florida. Parcel Control No 08- 43- 45 -21 -22 -004 -0040 WHEREAS, NEW PENN has agreed to refinance the Mortgagor's loan, and grant a mortgage loan to the Mortgagor in the amount of $106,250.00 to be secured by a first mortgage encumbering the Property (hereinafter the "New Mortgage "), provided that the CITY's Mortgage, currently in second position, 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. The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. 3. The Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage in the principal amount of $106,250.00 given by Mortgagor to NEW PENN, of even date and simultaneously recorded herewith in the Public Records of Palm Beach County, Florida. This subordination is only to the extent of the $106,250.00 loan and does not apply to any addition or future advances which may be made under the New Mortgage. 4. 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 , 2014. Signed, sealed and delivered CITY OF BOYNTON BEACH, a in the presence of: Florida municipal corporation By: Lori LaVerriere, City Manager STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on this day of July, 2014 by Lori LaVerriere, City Manager of the City of Boynton Beach, on behalf of the CITY, who is either personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC \\Apps3 City Cbb\Auto \Data\215 \Items\206\ 30491 3929 \Subordination_Agrea nO- 2Audra_Campbell Doc