‘ TUT AEUUU VE EE CFN 2007R0800581 OR Bk 25852 Pes 2442 - 24454 (4s) RECORDED 08/13/2007 15249215 TG DOC TAK 99.40 INTANG TAX $6.71 HARVEY RUIN’ “CLERK OF couRT MIAMI-DADE COUNTY FLORIDA MORTGAGE DEED RAMCO FORM RE35 THIS IS A BALLOON MORTGAGE AND THE FINAL PAYMENT OR THE BALANCE DUE UPON MATURITY IS $31,192.33 TOGETHER WITH ACCRUED INTEREST, IF ANY AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. THIS MORTGAGE DEED Executed the 2% day of August, 2007, by Guillermo A Zuniga, a single man, whose address is 7653 W 14th Ct, Hialeah, F133014 in after called the mortgagor to: RVR Holdings, LLC 3822 W 12th Street, Hialeah, FI 33012 Hereinafter called the mortgagee: ‘Wherever used herein te tems "mortgagor" and "mortgages" include al he paresto tis instumentand teers, egal representatives and assigns of individuals, and he successors and assigns of corporations; and te tem “oe Includes a the notes herein described i more than one) WITNESSETH, that for good and valuable considerations, and also in consideration of the aggregate ‘sum named in the promissory note of even date herewith, hereinafter described, the mortgagor hereby grants, bargains, sells, aliens, remises, conveys and confirms unto the mortgagee all the certain land of Which the mortgagor is now seized and in possession situated in MIAMI-DADE, viz: Lot 7 less S Bft in Block 4, Palm Springs Lakes 1st Addition, according to the Plat thereof as recorded in Plat Book 76 page @2, of the Public Records of Miami-Dade County, Florida. And Lot 7, Block 14-B Sixth Addition to Hialeah, according to the Plat thereof as recorded in Plat Book 8, page 54, of the Public Records of Miami-Dade County, Florida Less: Commence at the Northwest corner of said Lot 7, said point also being the Point of Beginning of the herein described parcel of land; thence run $ 3°33/31" B along the West line of said Lot 7, for 23.68 feet; thence Run N 42°16/07" £, for 22.73 feet to the point of curvature of a curve concave to the Southeast having a radius of 25.00 feet, at which point a radial line bears N 47°43/53" W; then run Northeasterly 19.85 feet along the arc of said curve through a central angle of 45'29/02" to a point of cusp with the North tangent line of said Lot 7, to which point a redial Line bears N 2°14'51" W; thence run $ 87°45/09" W, along the North line of said Lot 7, for 34.30 feet to the POINT OF BEGINNING. If all or any part of the Property or any interest in itis sold or transferred (or if a beneficial interest in Mortgagor is sold or transferred and Mortgagor is not a natural person) without Mortgagee's prior written consent, Mortgage may, at is option, require immediate Payment in full of all sums secured by this Mortgage Deed. However, this option shall not be ‘exercised by Mortgagee if exercise is prohibited by federal law as of the date of the Mortgage Deed | Mortgagee exercises this option, Mortgagee shall give Mortgagor notice of acceleration. The notice shall provide a period of not less than 30 days from the date the Notice is delivered or mailed within which mortgagor must pay all sums secured by this Mortgage Deed. If Mortgagor fails to pay these sums prior to the expiration of this period, Mortgagee may invoke any remedies permitted by this Mortgage Deed without further notice or demand on Mortgagor. THIS IS A SECOND MORTGAGE Book25852/Page2442 CFN#20070800381 Page 1 of 4TO HAVE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances thereto belonging, and the rents, issues and profits thereof, unto the mortgagee, in fee simple. AND the mortgagor covenants with the mortgagee that the mortgagor isindefeasibly seized of said land in fee simple; that the mortgagor has good right and lawful authority to convey sald land as aforesaid; that the ‘mortgagor will make such further assurances to perfect the fee simple ttle to sald land in the mortgagee as may reasonably be required: that the mortgagor hereby fully warrants the title to said land and will defend the same ‘against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances PROVIDED ALWAYS, that if ssid mortgagor shall pay unto said mortgagee the certain Promissory note hereinafter substantially copies or identified to wit: Book25852/Page2443_ CFN#20070800381 Page 2 of 4MORTGAGE NOTE $928,356.61 Hialeah, Florida FOR VALUE RECEIVED, the undersigned Guillerno A Zuniga, a single man, (jointly and severally, if more than one) promises to pay to RVR Holdings, LLC, or order, in the manner hereinafter specified, the principal sum of Twenty-Fight Thousand Three Hundred Fifty Six and 61/100 Dollars ($28,356.61) with interest from date at the rate of Ten and 00/100 per cent (10%), per annum on the balance from time to time remaining unpaid. The said interest shall be payable in lawful money of the United States of 3822 W 12th Avenue, Hialeah, Fl 33012 or at such place as may hereafter be designated by written notice from the holder to the maker hereof, on the date and in the manner following: Monthly payment of Interest only inthe amount of Two Hundred Thirty Six and 31/100%*= Dollars (5236. 31) will be deferred until entire loan s paid in full. Entire principal and deferred interest shall be pald in full on or before the maturity dated of August 2, 2008, without demand. ‘There is a no prepayment penalty other than the balance of the deferred interest as stated above. ‘This Note is NOT assumable under any circumstances, If default be made in the payment of any of the sums or interest mentioned herein or in said mortgage, ‘or in the performance of any of the agreements contained herein or in said mortgage, then the entire principal sum and accrued interest shall at the option of the holder hereof become at once due and collectible without notice, time being of the essence; and sald principal sum and accrued interest shall both bear interest from such time until paid at the highest rate allowable under the laws of the State of Florida. Failure to exercise this option shall not constitute a waiver of the right to exercise the same in the event of any subsequent default. Each person tiable hereon whether maker or endorser, hereby waives presentment, protest, notice, notice of protest and notice of dishonor and agrees to pay all costs, including a reasonable attorney's fee, whether to be brought or not, if, after maturity of this note or default hereunder, or under said ‘mortgage, counsel shall be employed to collect this note or to protect the security of said mortgage. ‘Whenever used herein the terms "holder, "maker" and "payee" shall be construed in the singular or Plural as the context may require or admit, Maker's Address 3822 West 12th Avenue a (SEAL) Hialeah, F1 33012 @ AZi __(GEAL) Book25852/Page2444 CFN#20070800381 Page 3 of 4y OR_BK 25852 PG LasT PAGE and shall perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants thereof, and of this mortgage, then this mortgage and the estate hereby created shall cease, determine and be null and void, AND the mortgagor hereby further covenants and agrees to pay promptly when due the principal and interest and other sums of money provided for in said note and this mortgage, or either; to pay all and singular the (axes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit or suffer not waste, impairment or deterioration of said land or the improvements thereon at any time; to keep the buildings now or hereafter on said land fully insured in 2 sum of not less that in a company or companies acceptable to the mortgagee, the policy or policies to be held by, and payable to said mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the mortgagor for any surplus: to ay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the ‘mortgagee because of the failure of the mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said note and this mortgage, or either; to perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants set forth in said note and this mortgage or either. Im the event the mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest lawful rate then allowed by the lavis of the State of Florida. IF any sum of money herein referred to be not promptly paid within 60 days next after the same becomes due, or if each and every the agreements, stipulations, conditions and covenants of said note and this ‘mortgage, or either, ae not flly performed, complied with and abided by, then the entire sam mentioned in said note, and this mortgage, or the entire balance unpaid therein, shall forthwith or thereafter, atthe option of the mortgagee, become and be due and payable, anything in said note or herein to the contrary notwithstanding. Failure by the mortgagee to exercise any ofthe rights or options herein provided shall not constitute a waiver of any rights or options under said note oF this mortgage accrued or thereafter aceruing. IN WITNESS WHEREOF, the said mortgagor has hereunto signed and sealed there presents the day and year first above written. THIS IS A BALLOON MORTGAGE AND THE FINAL PAYMENT OR THE BALANCE DUE UPON MATURITY IS $31,192.33, TOGETHER WITH ACCRUED INTEREST, IF ANY AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE Signed, sealed and delivered in the presence of: ‘Guilfrmo A Za Witness STATE OF FLORIDA ‘COUNTY OF MIAME-DADE ‘The foregoing instrument was acknowledged before me this 02nd day of August, 2007, by Guillermo A. Zuniga, a single man, who have produced their Florida Driver’s License as identification and who did not take an oath, WITNESS my hand and official seal in the County and State last aforesaid this 02 day of August 2007. tee ‘Notary Public C&M Title, Inc. 3822 West 12 Avenue xo CATS OF FLORIDA Hialeah, Florida 33012 a Espinoss 07-03856 ys csnstion #P™%. 2231 Expires: 874, 27, 2009 ‘an Tha AN ss Mendig G0, 06 2445 Book25852/Page2445 | CFN#20070800381 Page 4 of 4