R13-0711
21
3!
41
U
12
13
14
15
16
17
18
19
20
21
22
23
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25
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RESOLUTION R13 -071
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ACCEPTING THE OFFER OF $6,000 AS
SETTLEMENT OF THE CITY'S SECOND
MORTGAGE AS A RESULT OF A PROPOSED
SHORT SALE FOR DIANE DOLPHIN BASED ON
THE CITY'S SHORT SALE POLICY FOR FIRST
TIME HOMEBUYER ASSISTANCE PROGRAM;
WAIVER OF RIGHT OF FIRST REFUSAL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, with the assistance of the City of Boynton Beach's first time
homebuyer assistance program Diane Dolphin purchased her home at 318 Glen Arbor
Terrace, Boynton Beach, Florida for $183,000 in January of 2007; and
WHEREAS, the City of Boynton Beach's second mortgage in the amount of
$75,190 is a zero interest (0 %) lien that runs concurrent with the first mortgage; and
WHEREAS, rather than be foreclosed upon, the homeowner was able to secure
a buyer for the property and their bank has agreed to a short sale in the amount of
$50,000; and
WHEREAS, the proposed settlement offer is in accordance with the City's Short
Sale Policy for the City's First Time Homebuyer Assistance Program; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens and residents
of the City of Boynton Beach to accept the offer of $6,000 as settlement of the City's
second Mortgage as a result of the proposed short sale for Diane Dolphin and to
authorize the Mayor to execute the Waiver of Right of First Refusal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and
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 $6,000 as settlement of the City's Second Mortgage as a
result of the proposed short sale for Diane Dolphin.
Section 3. The Mayor is authorized to execute the Waiver of Right of First
Refusal, a copy of which is attached hereto as Exhibit "A ".
Section 4. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this 6`" day of August, 2013.
CITY OF BOYNTON BEACH, FLORIDA
CormissiorXer,— Mri &ael M.
ATTEST:
`M A
(g e t M. Prainito, MMC
y Clerk
(Corporate Seal)
S \CA\PESO\Reso - Accept Dolphun Short Sale doc
— Joe Casello
r a or — Woodrow L. Hay
Commissioner Tavi
f
h T. ker /
Prepared by and return to:
City of Boynton Beach
Community Improvement Division
Post Office Box 310
The CITY OF BOYNTON BEACH, FLORIDA (the "CITY"), a Florida municipal corporation, being
the owner, holder and beneficiary • a right of first refusal on any sale • resale • transfer of
that it has been offered the following described land pursuant to its right of first refusal, on the
- ILAP
FOH�AVRMA
0-NMOTAKSUMITANIF
WITNESS my hand and seal this /A dayof A"4U6T 2013.
U
in the presence •f
�M
tq��-rm/
,f JERRYTfYLOR A
Community Improvement Division
File Memorandum
DATE: June 26, 2013
TO: Case File #4 -05 -028
Diane Dolphin purchased her home for $183,000 at 318 Glen Arbor
Terrace on January 2, 2007. Her first mortgage is with Fifth Third Mortgage
Company in the amount of $111,000, and the City of Boynton Beach holds
a second mortgage in the amount of $75,190.00.
Ms. Dolphin mentioned in her hardship letter that her financial situation
changed in 2009 when her employer let her go. She was able to secure
another job, but had to work an additional part -time job to compensate
for the lost wages. She has struggled between part -time jobs and working
for herself since that time, and has never been able to bounce back with
secure, full time employment. She stated that she could not afford the
mortgage, and care for both herself and her daughter. Based on her
personal documentation that accompanied this request, I would have to
concur that she is no longer able to sustain her mortgage.
Ms. Dolphin is living in the property, but has not made a mortgage
payment since August 2011. In February of this year she was served with a
Notice of Lis Pendens. If the property is sold by short sale the City could
receive approximately $6,000 from the sale; if not, the property will be
foreclosed upon and the City would have to sue for judgment on a
property that appears to have negative equity.
I recommend the approval of the short sale based on this information.
BJC:dar
S \Community Improvement \memos \Memos To File \2013 \ShortSales \Dolphin.doc
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF THE STATE
OF FLORIDA, IN AND FOR PALM BEACH COUNTY
CIVIL DIVISION
H THIRD MORTGAGE COMPANY
Plaintiff,
vs. o
60 2013 CA 0 44 215 XXXXNB
CASE NO.
AW
DIANE DOLKiIN UNKNOWN SPOUSE OF DIANE
D; LIVING, INCLUDING ANY UNKNOWN
OLPHIN
SPOUSE OF S'DEFENDANT(S), IF REMARRIED,
AND IF DECE ; THE RESPECTIVE UNKNOWN
HEIRS, DEVISE ES, ASSIGNEES,
CREDITORS, LIE AND TRUSTEES, AND ALL
o
OTHER PERSONS NG BY, THROUGH, UNDER
OR AGAINST THE N DEFENDANT(S); THE CITY
OF BOYNTON BEAC DISSOLVED OR
PRESENTLY EXISTING, H WITH ANY
GRANTEES, ASSIGNEES, ORS, LIENORS, OR
TRUSTEES OF SAID DEFE (S) AND ALL OTHER
PERSONS CLAIMING BY, T MGH, UNDER, OR
ca
AGAINST DEFENDANT(S); UTT7 TENANT # 1;
UNKNOWN TENANT # 2;
Defendant(s)
NOTICE OF LIS PENDENS
TO DEFENDANT(S) DIANE DOLPHIN; UNKNOWN SPOUSE OF DIANE DOLPHIN;
IF LIVING, INCLUDING ANY UNKNOWN SPOUSE OF SAID DEFENDANT(S), IF
REMARRIED, AND IF DECEASED, THE RESPECTIVE UNKNOWN HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, CREDITORS, LIENORS, AND TRUSTEES, AND ALL
OTHER PERSONS CLAIMING BY, THROUGH, UNDER OR AGAINST THE NAMED
DEFENDANT(S); THE CITY OF BOYNTON BEACH, WHETHER DISSOLVED OR
PRESENTLY EXISTING, TOGETHER WITH ANY GRANTEES, ASSIGNEES,
CREDITORS, LIENORS, OR TRUSTEES OF SAID DEFENDANT(S) AND ALL OTHER
PERSONS CLAIMING BY, THROUGH, UNDER, OR AGAINST DEFENDANT(S);
UNKNOWN TENANT # 1; UNKNOWN TENANT # 2; AND ALL OTHERS WHOM IT
MAY CONCERN:
YOU ARE HEREBY NOTIFIED OF THE FOLLOWING:
File No. 147118/nl
CFN 20130110 OR BK 25855 PG 1041,RECORDED 03/08/2013 17:47:19
Sharon R. Bock,CLERK & COMPTROLLER. Palm Beach County, NUM OF PAGES 2
(a) The plaintiff has instituted this action against you seeking to foreclose a
� purchase money mortgage with respect to the property described below;
r ; (b) The plaintiff in this action is:
� 0
�,
\!' ;
— n\ ( c) The case number of the action is as shown in the caption
ci
r, The property that is the subject matter of this action is in Palm Beach
unty, Florida, and is described as follows:
GLEN ARBOR ADDITION NO. 1, according to the plat thereof, as recorded In Plat Book 25,
to W, o f the Public Records of Palm Hach County, Florida.
�v
DATED �'} DAY OF a 0 P o-r C . 2013.
^�} Nathan A Kelvy /Florida Bar # 96815
Law Offices of Daniel C. Consuegra, P.L.
9204 King Palm Dr., Tampa, FL 33619
r Phone: (813) 915 -8660 /Fax: (813) 915-0559
attomeynotice@consuegralaw.com
47118/nl
25855 PAGE 1042, 2 OF 2
Classic Valuations, Inc (954) 297.3167
Uniform Residential Appraisal Report Re# Dolnhin
The purpte of tits swzwy cep wftt rep it is to pirrift the lender(clud with an acarase, arrd adpiatelf supparted, option of the mulwt velue at the prop".
ProllettY Address 316 glen Arbor Ter City Bovinton ftech Smte FL ZIP Code
Borrow Dokohin Diane Oww of Public Recce Dolphin, Diane Counly Pal
Le I Da n W Z4,GhenArbor Addl
Assessor's Parcel rf 0a -4346- 0 -13-0 40 Tat Year 2012 RE Tales S
Neighb orhood Name Glen Arbor Map Reference 48424 Census Tract OW0
Occww NOwner ElTinant ElVacant Swial Assessments $ None PUD HOA $ per p month
Pri R tits A ed ®Fee Leasdidd Ot describe
Ale meat Type El Purchase Traosadoni El Reference Transaction Other describe Market valu
LOWKClknt Dolphin, Diane Address 318 Glen Arbor Ter Boynton e ch FL 334
Is the su pro offered for sale or has it been offered for sale in the twelve months prior to the effec l dale of this a aiser? Yes ff7N,
Report data sources used, uffedrig prIce(a), and dales N!
Y
1 0 did ❑ old not ana*a the contract for sale for the suaect purchase transaction E>glahb the results of the analyas of the contract Jar sale or why the analysis was not
p erformed Ni
Contact Price $ Dam of Catred N/A Is the property seller the owner of pdk record? Yes 1lo Data Sources Reelaue
Is there any ?ambit assistance Iloan charges, sale concessions, grit or dowMayment assistance, etc) to be paid by any patly on behalf tithe borrower? ❑ Yes ® No
N Yes, reiport tie total dollar amood and describe the Items to be pald NIA
W. Rave and the radii ooraposlgert et the neighbodhood are nab &W Nwl factors.
_ ._ ne- tin &Nprlitap'Ihndr - �'it�Un liowlttg+•. ,,_, iandWe%
Location Ej Urban Suburban Rural Property Values Ej Incrcaang Stable Declining PRICE AGE One -Ung 85%
B l Ilp X Oren 75% 2575% Under 25% DemanNS Shortage In Balance Over 5u S M 2.4 Unit 0%
Growth F3 Rapid Stable Slow Matka'hg Time tinder 3 mths 3.6 mths Over 6 mlhs 50 Low 15 bWN -Fain %
Neighborhood Bomdarfes subjeois loc@tp ngrth of Old BQvnton Road. south of the canal of 240 11011 55 Commeroal 10%
_
N Con Tess Ave
155 Pred
Other %
Neighborhood De3crOlon The subiect is located in a nWmhloorhood of mostly oider single There Is commercial located along Rte,95
a nd N Congress Aye conalsiting of services, mufti-family t
Afarka Candidons (including support for the above conckbalons) The market is presently stabilized with some increasirip valims within ciffoo ame Ther
are in lei and su on thin the grea. At this time there are few fistings and sales within the area
Dimensions Sublect to a Survey Nn 5,509 SF / 13 acm SNP Recizinaular Vmw A elReMclen i I
SlIeftZonli0ililftlitim RIAA Zonsp m Sinale Family Reside
Zorvn Compiance CK Legal Ej Legid Nonconforming Grandatkred Use No Zonlng 0 li describe
N the highest and best use of sub pr as i avert o es pr oposed per Oarts andspecifications) the prmffd use? X Yes No 9 No describe
then Public O6wrk"Witia) Public otherWswrl6e) Wetter -Type IRdtfe Pdvata
Ekwcky x El Water Street halt
Gas IN El Sanitary Sewer Alley None
FEMA Special ('god Hazard Area Yes I& No FEMA Flood Zone C FEMkM4# 112011960004C FEMA M Date 09/3071 2
A tar uafiues and off -she kr9rownerb typical for the market areal Yes No B No, describe NIA
Are there any adverse she conditions or eammal factors eaaempda, encroachments, enturinental cwndNuns, land uses, ale 1 Yes X No 9 Yes, describe
There were no adverse site con shuns or any extemal d
Qenefei n
Foundfdlon-
9*rWDW*ft 7 _ asWWovAW.
- - �airNlt/oanc tbn
fdeFlof m
Units H One 0 One wM Accesses UnB
Concrete SW Croat Space
Foundation Ways P Con air
Rooe 1 very e
9 d Stories On
Fdl Bas merit Partial Basement
Eidedor Walls C8
walls PI er a
Type Dot All. El S- DetfEnd Unit
Basement Area Non IL
Roof Suface I
7ftfflrdsh VV00djFaI
Eidstng M Pr used Under Const
Basement Finish A %
GuBers b Downs oum None
Balk Floor Til alaveria e
D e Ra / v
Outside Ent at Pump
Window T V s /Aar
Bath Wa 40d a6/a veracie
Year Bull 19
Evidence d kwtaton
StamSeahhahYated A
S e Nona
Effective a rs 35
ess ®SetlemenI
Ddvevra N of Cars
Attic None
N f'NA HW88 aid
W s ¥
Surface pncrete
Oro Star Sinks
Other Fuel
rone
Fence
# d Cars
Floor Scuttle
Cadh Central Air Condition
Porch
C rt d Cars on
HnWmd FMated
Indlviduai Other
Other
Aft Dot M Budff4n
Apillocec CK Rfffilgeraw R Ran en
OlehwasMr Di Iitcrawave
Cg Washer7Dryw C3 Other dtscribe
Rdsh aria above grade contains. 5 Rooms Bedrooms 1 Baths 952 Square Feet of Gross Lwq Arse Above Grade
Additional features (speck! energy dkmnt terns, etc.. Concrate Slab Pati
Describe the condition d the firoperly (Including riesdad re Irs, deter{orauon, renovation, remaddn , etc SgE ATTACHED AD
Are there any physical deWenaes or adverse con dhions thel affect the BvahBty, soundness, or struchiral Intepity tithe propery+ ® Yes ❑ No NYes, describe
Refer to Corifton of Improvemenj§ Section
Does the piopo generally conform to the neighborhood tuncdonal Wity, slyle, cand ion, use, construction, etc)? Yes ❑ No ff No, describe
Freddie Mac Form 70 March 2005 Page 1 of 6 Fannie Mae Form 1004 March 2005
Form 1004 - "TOTAL appraisal software by a la mode, mc, - 1- 800 -AL AMME
Uniform Residential Appraisal Report Flk# Dolphin
Freddie Mac Form 70 March 2005 Pape 2 of 6 Fannie Mae Form 1004 March 2005
Farm 1004 - 'TOTAL' appraisal saftwafe by a to mode, une. -1- BOO- ALAMGDE
ianemry
odwed for ask I Ina subject ndgibafiood
ranpirq I prise
ham S 99.800
to : 1
c ble
sales in the
n orhoe e4tin the past twelve mertlra
rangYht In sale
a from S 000
to S
40 000
RE
SUBJECT
COMPARABLE BALE 01
COMPARABLE
BALE # 2
COMPARABLE
SALE # 3
r cp[aptbes
Glen Arbor Ter
714 NW 7th Street
1026 NW 7th Sthet
1215 NW 8th Street
n e ch
L 334 6
Be FL 33426
B n 8
B n n
33426
d
' '
3 mf
0 m NE
0 38 mi
S /
' S 100
~ sq
S 1
S 92,50
Sate I' he yGress Uv. Area
S It
S sell
$ t
$ 76,76 sq IL
'
Data Sourcei
IMLSIResiguest
ML&Realquest
MILS/Rasslau
Verification Sources
r
n
i
r Insoacti;
in
VALUE AOJUSTMERTS
DESCRIPTION
OESCRPTION + • S klpmtmsrd
DESCRIPTION
+ - S Adjusanant
OESCFWMON
t(•) S Ad(ustment
Sales or financing
Cesh
Cash
Cash
Concessions
None
None
None
Date of SaklTme
1 W1 12012
OW
1011 Ot
Location
Averaw
Averaw
Avei
Avers
LeasehoWee Spiole
Fee Simple
Fee 6imple _
Fee Sample
Fee Simpl
Site
5,599 St! 13 AC
10454 SF /.24 A -5.000
001 Sf! 23A
- 4 000
View
v
Reshdent/Av
Av
n le
v
rMCh/
Av
of Construction _
B Av
f82M7Sf/.j9AC
CBS/Av
Actual AV
9M
1972
Condition
Aver. 2
Good/
-30.000
Above Grade
Total Bdmms Bales
Taal Bdnns B*s
Told Brims I Bathe
Taal Bbne BAS
Room Cow
5 1
6 10 000
6 1 3 1 1
5 1 2 1 2
-5.000
Gross Uving Area
952 30L.
1.006 SOL
900 sq ft
+11.0
1,221 89 h
-2,0
SawrertBFinished
None
None
None
None
Rooms Below Grade
N/A
NIA
N/A
W
Fundhonal 1.1111ky
Averacle
Averse
Averatie
A verage
Hea odhg
Centrei
ntrai MT
MT
Central ACMT
Energy Efficient Items
Gas HW Hester
None
_
None
N one
GarageOrport
K
1 e
1-Carport
1
Porch(PabolOeck
Open Patio
Scr.Porch
-2.00 0
Fncl.Ft Roam
-5 OQO
Open P atio
VVrk$ hQo[At)t
I
-1
+
Nd Ad stment Trial
; -55 000
❑ + x -
$ -42 000
+
S i 00
Adusted Sale Price Net ft 550% Net Ad. 40 4 % Net Adl 44.3 %
of Ciamp dea y t " Gmaa AdJ. 0 76 $ 45 ASS Ad1 42 3 % S 62 000 ASS Ad( 4 3 % S 51,500 I
I X dal Ej rid not resea the $ob or transfer history of the sublad properly and comparable Saks If not, Wolin NIA
My research dial X did not reveal any prior sales or transfers of the subject property far the t years prior to the elkdtve date of Ws appraisal.
Disk Sow s E&Atmiaijest
M research Udd DO rid not revel any prior asks or bansfers of the comparahle sales for the year prior to the date of" of the comparatife sale.
r
Dale Soar a t
Report the resoles of the research and araya(a of the a sale a trarhafu kale d the sub d pro ery and cam a sales ireporl additional prior sake on page 3).
REM SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2 COMPARABLE SALE #3
Date of Prior Sahw7ransfer 01/16=07 1 1 =09 OWI/1997 t Itmool
Price of Prior Sale(Iransfa S183,M $136,000 $83,000 $1 2G.000
Dale source(s) t PAPA PAPA PAPA
Effective Date of Data Source (s) 04/19)2013 0411912013 04119/2013 04/19 1
An Is of r sale or irensler M all the sublact and comparable Saks There has tranefers of the subiect or the I hin the last
three rs
Summary of Saks CETarlson ach Sale 1 was ad usted for wiesicandifion as the subject is Inferior in condirtion and to brinu it up to averaue
conditio would be estimated to 5.000-120.0W. ho new kitchen with s*nle33 steel appliances, in
bedro and MMgdeliecl bethMms, which is the interior Photos in the M S kii Sale 3 has a now kl n with stainless steel
fiances remodeled bathrooms and floors This is evident Interior Photos r fisthy. Allof the sales have d'u
supe rior tots 1 was sedlusted for a pool. and a isecarete buildino workshop or apartment screened h and
IfIs 2 gin enclosed Flonde room, Sale 1 has e superior bedroom and bathroom count Sate I has a superior n bedr
roes would sell for more In this rkeL Over 15% not adiustment and over 25% gross adrustment were necessary due to the subilect condition
Indicated Value by Sales CompAw Approach S
fndkated Value by-. Saks Comparison Approach; 50 Cat Approach (N d ve4W); Income Approach (If dweloped); N/A
The a et opproagn is the Wet Indicator r action to th is m adSot Due to the age of the subject and the ve one the
co st 1poroach Is not applicable Due to the lack k of rentals of sinalse family homs within the area the mco Is not le.
This appraisal is made ®'as Is', ❑ sd4ed to complheon per plans and specifications on the basis of a hypothetical condbon that the Improvements have been
cwmplated, ❑ M)ed m the tdtovvang raii or ateratbns on the basis of a hypothetical condition that ft repairs or aterabons have been completed, or E) sthpd to the
• follo required Inspection bas ed an the extra h a Ihet the conAbuh or does nd rMUm alteratbrh w r nd I ins
are sle
Based on a somploba visual Inspection of the kdesbr and eafarlor ova of the sub)ad property defined amps of work, dd n W of aaumptloU and OmBing
eendtons, end appraiser's GrtAatton, my (our) epinlan Of the market value, as dellned of the nd property that Is the aubjact of this report is
$ as of WZW2013 which Is the date o f inspection and the sflisoft Meta of into soorallal.
Freddie Mac Form 70 March 2005 Pape 2 of 6 Fannie Mae Form 1004 March 2005
Farm 1004 - 'TOTAL' appraisal saftwafe by a to mode, une. -1- BOO- ALAMGDE
City of Boynton Beach Loan # DATE: 03/0812013
Diane Dolphin
318 Glen Arbor Terrace
nton Beach, Fl. 33426
561 - 3704954
10/10/12
To Whom it May Concern:
i started working at Pets of Perfection In 1999 and was making about $1,000 a week from 2006
till I was let go in 2009.1 then went to work for Chateau Poochle as a Manager and was making 50%
commission which was about $600 a week. Needless to say, I needed a second job. I found another
grooming shop to work at part time to cover the rest of my bills. i wonted both jobs for about 6 months
then my part time job went out of business and I couldn't find another one.
I was struWIrW however, making just enough money to get by. By summer 2010, business
became too slow and I was offered a full time job at a business that had just opened in October 2010.1
felt like it was meant to be plus it was now busy season. I ended up only making $100 - $300 a week. I
did all that I could to generate more business to survive, by handing out flyers at various dog events but
that didn't help much.
1 found a full time job at Pets Smart a few weeks Into it starting the new business job and I
juggled both jobs while trying to also maintain my house and daughter. Pets Smarts rule was that you
couldn't work at any other salons while working there. I made It work for about 2 months then they
found out and I was let go. I looked everywhere for another job but had no luck. I was stuck with only
the one job now making around $400 a week.
I started borrowing money from my church and then from family and friends when I wasn't able
to make enough on my own. I was skipping whatever bills l could so i would have enough to pay the
mortgage. Christmas came around and I wasn`t able to buy my daughter or family anything. I had not
been able to buy groceries or school necessities for my daughter. I can no loner borrow money from
my church and my mother lost her job and can't help me. I had to cancel my health insurance. The
month of September, I skipped as many bills as possible so I could come up with the money to pay the
mortgage of which I was short and had to make the choke of food or mortgage. I obviously chose food
and electric. I was not able to pay the gas or water bill. With the little extra money we were forced to
ration our food and are hungry and miserable.
I just couldn't come up with enough and there's nothing else I can do. I do not make enough
money to live and I haven't In the past 2 years. I have continually tried to find another job but have had
no luck as the grooming business Is really slow. I tried as hard as I could and I can't five this way
anymore. I'm notable to provide for myself or my daughter. I have no choice but to move out and live
with family.
DOLPHIN /318 Glen Arbor Terrace Loan # 20/30
City of Boynton Beach Loan # DATE: 03/08/2013
I even went back to the courts to tight and get child support for quite some time but the courts
were not able to successfully force him to pay me. I was not able to hire an attorney as I had no money
to pay one. My daughter's father was arrested and Is sentenced to 4 years in prison which now makes It
impossible to receive any child support.
I have tried my best to hold up my commitment and obligation to both the bank and the City of
Boynton Itch. Unfortunately, I have to make the decision to feed and clothe my daughter and myself.
1 am prepared to assist in the sale of the home and try to get as much money for It as the market will
bring. I am totally broke and am focused on surviving from one day to the next. 1 appreciate any and
all assistance you may provide to my daughter and me.
Sincerely,
Diane Dolphin
61- &—
DOLPHIN /318 Glen Arbor Terrace Loan # 21/30
May 20, 2013
Diane Dolphin
318 Glen Arbor Terrace
Boynton Beach, Florida 33426
To whom it may concern,
e013
I was working at "Dee's Sanctuary" since October of 2010, On January 30th the owner decided
to permanently close the shop because she was not making enough to pay the rent and gave me no
warning or time to look around for another job.
I found another job at "Heavenly Puppies" the next day, which is about a mite down the street
from "Dee's Sanctuary." It's a puppy store so they do not handle grooming but the owner has given me
a space to groom my customers and the puppies. Most of my clients found me but I'm still not earning
enough money since "Dee's Sanctuary" had not been open that long and I was still trying to generate
clientele there.
i get paid 50% commission of each dog 1 groom and get paid weekly, averaging about $400 -$600
per week. Summer is the slow season since the snow birds have all left.
I just cannot keep up with the mortgage making this kind of money along with all my other bills
and provide for all of my daughter's needs. I wish I could get a second job but my daughter is not old
enough to leave home alone. Her father is in prison therefore cannot provide any kind of financial help.
Please understand that I did not want it to come to this and did the best I can to try to make
ends meet. I apologize for not being able to up hold my end of our agreement.
Sincerely,
Diane Dolphin
Settlement Statement
R. Tvoa of Loan
1 FHA 2. RHS 3. Conv. Unins
6 File Number:
7. Loan Number
8 Mortgage Insurance Case Number:
4. VA 5. Conv. Ins
403
C Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
.o.c. "were paid outside the closing; they are shown here for informational purposes and are not included In the totals.
D. Name & Address of Borrower
E. Name & Address of Seller
F. Name & Address of Lender:
Brien Feldman
Diane S. DOLPHIN
407. County Taxes to
318 Glen Arbor Terrace
409.
Boynton Beach, FL 33426
410.
<on.
H. Settlement Agent
I. S ettlement Data
Terrace
Title Guaranty of South Florida
09/3=013
Place of Settlement
500. Reductions In Amount Due to sager
7318GLAr.b
FL 33426
4430 Weston Road, Davie, FL 33331
5,566.25
K. Summary of Seller's Transaction
400. Gross Amount Due to Seller
401. Contract sales price
50,000.00
402. Personal property
403
404.
405.
Ad uatment for Items paid by seller In advance
406. City /town taxes to
407. County Taxes to
408. Assessments to
409.
410.
411.
412.
420. Gross Amount Due to Seller
50,000.00
500. Reductions In Amount Due to sager
501 Excess deposit (see Instructions)
502 Settlement charges to seller (line 1400)
5,566.25
503. Exlstrng loan(s) taken subject to
504. Fifth Third Bank
37,378.12
505 City of Boynton Beach
6,000.00
506.
507.
508.
509
Adjustments tot items unpaid by seller
510 City flown taxes to
51 i. County taxes 01101 /13 to 06/302013
1,055.63
512. Assessments to
513.
514,
515,
516.
517.
518.
519.
520. Total Reduction Amount Due Seller
50,000.00
600. Cash at Settlement to/from Seller
601. Gross amount due to seller (line 420)
50,000.00
602. Less reductions in amounts due seller (line 520)
50,000.00
603. Cash ./ To From Seller
0.00
Page 1 of 2
J. summary of Borrower's Transaction
L. Settlanent Charges
700. Total Real Estate Broker Fess
Paid From
Borrower's
Funds at
Settlement
Paid From
Seller's
Funds at
Settlement
Division of commission line 7001 as follows :
701 $ To
702.$ To
703. Commission paid at settlement
3,000.00
704,
705.
800. Items Payable In Connection with Loan
801. Our origination charge
$
(from GFE #1)
802. Your credit or charge (points) for the specific Interest rate chosen
$
(from GFE #2)
803. Your ad)usted originatbn charges
(from GFE #A)
804. Appraisal fee to
(from GFE 113)
805. Credit report to
(from GFE t3)
806. Tax service to
(from GFE #3)
807 Flood certification to
(from GFE 03)
808.
809.
810.
811
900. Items Required by Lander to be Paid In Advance
901, Deity Interest charges from to @ $
/day
(from GFE #10)
902, Mortgage insurance premium for months to
(from GFE #3)
903. Homeowner's Insurance for years to
(from GFE #11)
9134.
905.
1000. Reserves Deposited with tender
1001 Initial deposit for your escrow account
(lrom GFE #g)
1002. Homeowner's Insurance 0 months @ $
per month $
1003. Mortgage insurance 0 months @ $
per month $
1 D04. Property Taxes 0 months ® $
per month $
1 D05 0 months ® $
per month $
1006 o months ® $
per month $
1007. Aggregate Adjustment
- $
1100. Title Charges
1101. Title services and lender's title insurance
(from GFE #4)
1102. Settlement or closing fee
$
750.00
1103 Owner's title Insurance
(from GFE #5)
1104 Lender's this Insurance
$
36625
1105. Lender's title polcy Itmlt $
1106. Owner's title polcy lima $
1107, Agent's portion of the total etle insurance premium to
$
11 D8. Underwriter's portion of the total tide Insurance premium to
$
1109
1110.
1111. Merril A. Bookstein, PA
76000
1112. AbstracMle Search
35000
1113
1200. Govemmsnt Recording and Transfer Charges
1201. Government recording charges
(tram GFE #7)
1202 Deed $ Mortgage $ Release $
1203 Transfer taxes
(from GFE #8)
1204. City /County tax /stamps Deed $ Mortgage $
12D5 State tax /stamps Deed $ Mortgage $
350.00
1206,
1207.
1208
1300. Additional Settlement Charges
1301 Required services that you can shop for
(fromGFE #6)
1302.
$
1303
$
13D4
1305
1400. Total Settlement Charges (e on lines 10 S J a nd 602, Sec K)
----- 5.566 25
PaMe2of2
Metum to. tendose salt- addressed stamped erwelope)
CFN 20070238377
OR H){ 21736 FG 1116
RECORDED 05/15/2007 16:19:51
Paler Beach County, Florida
Sharon R. Back,CLERft $ COMPTROLLER
Pga 1416 - 1426; (ilpga)
This instrument was prepared by.
The City Of Boynton Beach
Post Office Box 310
Boynton Beach, Fiorida 33425 -0310
Return to: Community Improvement
THIS CORRECTIVE MORTGAGE IS BEING EXECUTED AND RECORDED IN ORDER TO CORRECT
THE AMOUNT IN THAT CERTAIN MORTGAGE FROM THE BORROWER TO THE LENDER DATED
JANUARY 2, 2007 AND RECORDED JANUARY 16, 2007 IN OFFICIAL RECORDS BOOK 21307, PAGE
1857, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. DOCUMENTARY TAXES WERE
PAID ON SAID ORIGINAL MORTGAGE.
CORRECTIVE SECOND MORTGAGE AND SECURITY AGREEMENT
THIS SECOND MORTGAGE AND SECURITY AGREEMENT ( "Mortgage "), made this
Second day of January, 2007
between Diane Dolphin, a single woman,
whose post office address is: 1512 N.E. 2 — Court, Boynton Beach, Florida 33435
(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, Diane Dolphin, a single woman,
is justly Indebted to the Mortgagee in the principal sum of
Seventy Five Thousand One Hundred Ninety and 001100 Dollars
($75.190.00) as evidenced by a certain Promissory Note ("Note ") of even date herewith,
executed by and delivered to Mortgagee, payable according to the terns 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 teml of the
first mortgage or upon Mortgagor's default
NOW THIS INDENTURE WITNESSETH, to secure the performance and observance by
Diane Dolphin
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 _ Diane Dolphin
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:
Lot 124 of GLEN ARBOR ADDITION NO. 1, according to the Plat thereof
as recorded in Plat Book 25, Page 182, of the Public Records of Palm
Beach County, Florida.
Property address: 318 Glen Arbor Terrace, Boynton Beach, Florida 33426
PCN: 08- 43- 45- 20 -13- 000 -0240
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.
(1) 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:
318 Glen Arbor Terrace
Boynton Beach, FL 33426
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 33433
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:
WITNE 5
WITNESS
WITNESS
WITNESS
STATE OF FLORIDA )
) SS.:
COUNTY OF PALM BEACH)
•- •-
Diane Dolphin
PRINT NAME
MORTGAGOR
PRINT NAME
1 hereby certify that on this day, before me, a Notary Public duly authorized in the State
and County named ab ve to � take acknowledgements, personally appeared
He /she is personally
known to me for has produced t LA 1) - IS Z - -- 1 3`'
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
Second day of January, 2007
Signed:
NOTARY PUB C
De
Deft • Print Name: Git �5tt�C -\
My CoaxnUNbn 00496610
a P EON
Page 11 of 11