R22-086 1 RESOLUTION NO. R22-086
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING WAIVER OF RIGHT OF FIRST
5 REFUSAL FOR THE HOUSE BELONGING TO ANITRA
6 BURGESS LOCATED AT 504 N.W. 11TH AVENUE, BOYNTON
7 BEACH, FLORIDA 33435; AND PROVIDING AN EFFECTIVE
8 DATE.
9
10 WHEREAS, the house belonging to Anitra Burgess Located at 504 N.W. 11th Avenue,
11 Boynton Beach, Florida 33435 was purchase with the assistance of the State Housing
12 Initiatives Partnership (SHIP) Program; and
13 WHEREAS, the amount of $75,000 of the SHIP Program was secured by a thirty (30)
14 year interest-free deferred loan (second mortgage), as well as an Agreement for Right of First
15 Refusal; and
16 WHEREAS, the City has no interest or funding available to purchase the house;
17 therefore, the City has been requested to waive the Right of First Refusal so the property can
18 be sold; and
19 WHEREAS, any funds that the City receives as a result of the sale would be deposited
20 into the SHIP fund and used for future housing related projects/programs; and
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
22 recommendation of staff, deems it to be in the best interests of the City residents to approve
23 Waiver of Right of First Refusal for the house belonging to Anitra Burgess Located at 504
24 N.W. 11th Avenue, Boynton Beach, Florida 33435.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
26 BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
28 ratified and confirmed by the City Commission
29 Section 2. That the City Commission of the City of Boynton Beach does hereby
30 approve Waiver of Right of First Refusal for the house belonging to Anitra Burgess Located at
31 504 N.W. 11th Avenue, Boynton Beach, Florida 33435.
1
32 Section 3. That this Resolution will become effective immediately upon passage.
33 PASSED AND ADOPTED thiscajday of JUS— , 2022.
34
35 CITY OF BOYNTON BEACH, FLORIDA
36 YES NO
37 V
38 Mayor-Ty Penserga
39 /
40 Vice Mayor-Angela Cruz
41 , /
42 Commissioner-Woodrow L. Hay V
43
17
44 Commissioner-Thomas Turkin
45 /
46 Commissioner-Aimee Kelley
47
48
49 VOTE c a
50 ATTE :
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LEWIS,LONGMAN&WALKER,r.A
Arro""eva "T CFN 20070256595
1700 pale Beach rsW Boulevard
Mee LOW OR BK 21771 PG 1734
Um P.lee Bach,plod'&3.u0' RECORDED 85/25/2007 10 c 29:08
This Instrument was Prepared By: Pala Beach County, Florida
The City of Boynton Beach Sharon R. Book,CLEAR & COfiPTROLUM
Post Office Box 310 Pas 1734 - 1736; t 3pge)
Boynton Beach.Florida 33425
AGREEMENT FOR RiGHT OF FiRST REFUSAL
THIS AGREEMENT FOR RIGHT OF FIRST REFUSAL,made on this 73 day of
May,2007,by and between:
Anita Bumess,a strtale woman,
(hereinafter 'Bortfwera') and the CITY OF BOYNTON BEACH, a Florida municipal
corporation(hereinafter the"CITY"),is being entered into simultaneously with the execution
of and delivery of a Third Mortgage and Security Agreement to the CITY encumbering
certain real property situate,lying and being in the County of Pahl Beach, State of Florida,
(hereinafter the''Mortgaged Property")more particularly described as follows:
The East 19 Feet of Lot 298 and all of Lot 299,CHERRY HILLS SUBDIVISION,as
recorded in Plat Book 4,Page 58,of the Public Records of Palm Beach County,Florida,
WHEREAS,the Borrowers have simultaneously executed a Second Mortgage and
Security Agreement instituted under the SHIP Program of the City of Boynton Beach, in
which the CiTY agrees to an interest free deferred payment loan, payable upon default or
sale of the Mortgaged Property In accordance to the terms of the Note;
WHEREAS, the City Commission has adopted the Local Housing Assistance Plan
by Resolution No. R06-088 and the new guidelines provide for the CITY'S Right of First
Refusal on the Mortgaged Property.
NOW THEREFORE,in consideration of mutual covenants,the parties hereby agree
and warrant that
1. Borrowers hereby acknowledge and agree that CITY shall have a Right of
First Refusal with respect to the Mortgaged Property In accordance with the terns set forth
herein.
2. The Right of First Refusal shall afford the CITY the right to purchase from
Borrowers the Mortgaged Property for the same purchase price as set forth in a written valid
offer of a contract for sale and purchase tendered by a third party In an arms length
transaction, provided that the purchase price represents the appraised fair market value of
the Mortgaged Property and Borrowers provide written notice to City of their desire to
accept said offer of a contract for sale and purchase.
3. CITY agrees to exercise or waive its Right of First Refusal within forty five
(45)days of receipt of written notification with copy of a bona fide offer or proposed contract
for purchase from a third party and copy of the appraisal.
4. In the event the CITY elects not to exercise the Right of First Refusal as
provided for in Section 3 above, then in that event, the CITY agrees to tender a written
document in recordable form which would serve to release,terminate and waive its Right of
First Refusal with a release or acknowledgement upon the actual dosing of the Mortgaged
Property.
5. In the event the CITY exercises its election to purchase the Mortgaged
Property pursuant to this Right of First Refusal, Borrowers shall be obligated and bound to
enter into the agreed contract with the CITY and to fully perform its terms.
6. If the CITY after exercising its Right of First Refusal,defaults or fails to close
in accordance with the terms of the contract for sale and purchase,then the Right of First
Refusal shall terminate and be cancelled,null and void.
7. This Right of First Refusal shall not apply to any conveyance made by
Borrowers to a trust, to any relative by blood or to a spouse, but in any event, the right of
first refusal shall survive and be enforceable notwithstanding any such conveyance.
8. In the event of any of the Borrower's death,this Right of First Refusal shad
be binding upon their successor and heirs.
9. The parties agree to simultaneously execute and record this Agreement In
the Public Records of Palm Beach County,Florida.
10. This Agreement shall be deemed to be a covenant running with the land.
11. In the event of any litigation that arises out of the enforcement of this
Agreement, the prevailing party shall be entitled to recovery of all costs and attorney fees
expendable to enforce this Agreement
IN WITNESS WHEREOF, the parties hereunto set their hands and seals the day
and year first above written.
Signed,sealed and delivered L ORROWERS:
in our presence: t
I •I1
owscri CJS +MORTGAGOR •~ '--:
Anitra Burgess
w9TNE 4i n PRINT NAME
•
MINERS MORTGAGOR
WITNESS PRINT NAME
S:\Community Improvencent\SHIP\MTG18urgess Agreement for Right of Fleet Refusal.doc
CITY OF BOYNTON BEACH,a Florida
municipal corporation
By: Brenda Cornelius
The: Affordable Housir,,Administrator
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me on this day of
2007 by ,who is personally
known to me or has produced a Florida Driver's License as identification.
NOTARY PUBLIC
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoingg,,Instrument was acknowledged before me on this2�day of `Vo,�.
2007 by 1`�nr.F9a�-Cain, , as ).. ewes, %� C of the
City of Boynton Beach, on behalf of the City, who is perso I known to me or has
produced a Florida Driver's License as Identification.
.Ei�prr Caismirion
DD0495810 i NOTARY PUBLIC
111111111111111111$111111111111111E
This instrument was prepared by: CFN 212►070256594
OR BK 21771 PG 1723
The City Of Boynton Beach RECORDED 05/25/2007 10:29:00
Post Office Box 310 Pale Beach County, Florida
Boynton Beach, Florida 33425-0310 ANT 75,000.00
Return to: LEWIS, LONGMAN&-WALKER,PA. Deed Doc 262.50
ATTPMBei �. Www
1700 Sharon R. Bock,CLERK 8 COMPTROLLER
1700 Ptlm BucA Lakes Boulevard
Smite 1000 Pgs 1723 - 1733 i i llpgs
Wat Palm/limb,Florida 33401
SECOND MORTGAGE AND SECURITY AGREEMENT
THIS SECOND MORTGAGE AND SECURITY AGREEMENT ("Mortgage"), made this
23 day of May.2007 _
between Anitra Burgess,a single woman,
whose post office address is: 3568 East Sandpiper Drhe,#1,Boynton Beach,Florida 33436
(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").
WITNESS ETH:
WHEREAS, Anitra Burgess, a single woman,
is justly indebted to the Mortgagee In the principal sum of _
Seventy Five Thousand and 00/100 Dollars _
($75,000.00) 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
Anitra Burgess
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 Anitra Buriess
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 callea the "Land''),
more particularly described as follows:
The East 19 Feet of Lot 298 and all of Lot 299, CHERRY HILLS
SUBDIVISION, as recorded in Plat Book 4, Page 58 of the Public
Records of Palm Beach County, Florida.
Property address: 504 N.W. 11`h Avenue, Boynton Beach, Florida 33435
PCN: 08-43-45-21-14-000-2981
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 Fifth Third Bank
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.
0) 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:
504 N.W. 11"'Avenue _
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 the presence of:
r-
r -- rte' 111 • -
t WI+J ' ,f riIN TGAGOR
t 1�� •,I
Anita Burgess
ess
NESS 1 1 PRINT NAME 9.
-4*
1
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 duty authorized in the State
and County named above to take acknowledgements, personally appeared
YZS `( -- . He/she is personally
known to me [or has produ A. .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
?32, • day of Ma 2007
• —J BOUM—A '---c N `' PUBLIC
v. •• ,r_ MY COMMISSION A DD 230170
F EXPIRES: 9,2007 Print Name: 3
Bated mu Nebo Put&UnderMdien
ate. - „��-----------,
Page 11 of 11
PROMISSORY NOTE
SHIP PROGRAM
BOYNTON BEACH, Florida
Date: May Z ,2007
FOR VALUE RECEIVED the undersigned,
Anitra Bu' ess, a sin:J(3 woman,
(hereinafter referred to as "Makers") promise to pay to the order of the 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
Severn, Five Thousand and 00/100 Dollars
( 75.000.00) 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 shall payoff the loan at the time the Mortgaged
Property is sold prior to the full term of the first mortgage. In the event that the Mortgaged
Property is sold prior the full term of the first mortgage, Makers shall pay the full amount of
subsidy granted by the Clty and share equity at the fair market value at the following rate:
Years of Ownership Percentage Repaid to City
1-5 80%
6-20 50%
21-30 15%
If the Mortgaged Property is not sold prior to the full term of the first mortgage and
remains the permanent residence of the Makers, then in that event this Note shall be
forgiven and released. The Makers must permanently reside on the Mortgaged Property
during the term of the Note and Mortgage. In the event the Makers fail to comply or
default, 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 collectable,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.
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, severalty 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.
•
(Mr-RS'
SIGN��
ATURE ANITRA BUi t .5
SIGNATURE