8551 W. Sunrise Blvd., Suite 100A Plantatio"_ Fl.
33322 PREPARED BY:
Charles B. Butman, Esq. 8551 W. Sunrise Blvd. Suite 100A Plantation, Florida 33322
Record & Return- to; CHARLES B. BIJTMAN, P.A.
2CII.... 14RC136 736 ~7 OR Bk 22307 P9S 1140 - 1144; (5P9S) RECORDED 05/17/2004 13:51:00
MIAMI-DADE COUNTY, FLORIDA
MTG DOC TAX 1r928.85 INTANG TAX 1,102.10 rIAf\~VEY RUVI N, (:LERt:4 OF COURT
THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $551,050.00 TOGETHER WITH ACCRUED INTEREST IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THtS MORTGAGEa
This Mortgage Deed is executed the 14th day of May, 2004 by DREW ROSENHAUS, a single man, and JASON ROSENHAUS, a single man, hereinafter called the mortgagor, whose post office address is 6400 Allison Road, Miami Beach, Florida 33141 to WARREN C. SAPP, hereinafter called the mortgagee whose post office address is 16609 Villalenda De Avila, Tampa,
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 situate in
Miami-Dade County, Florida, viz:
SEE EXHIBIT '~A'I TTACHED HERETO A THIS IS A PURCHASE MONEY SECOND MORTGAGE. Together with all structures and improvements now and hereafter on the land and the fixtures attached thereto, and all rents, issues, proceeds and profits accruing and to accrue from the premises, all of which are included within the foregoing description. Also all gas, steam. electric, water and other heating, cooklnq, refrigerating, lighting, plumbing, ventilating, irrigating,
and power systems, machtnes, appliances, fixtures, and appurtenances which now are or may hereafter pertain to or be used with, in or on the premises, even though they be detached or detachable.
To have and to hold the same, together with the tenements, hereditaments appurtenances thereto belonging, and the rents, issues and profits thereof, in fee simple.
And the mortgagor covenants with the mortgagee that the mortgagor is indefeasibly seized of said land in fee simple; that the mortgagor has good right and lawful authority to convey said land as aforesaid; that the mortgagor will make such further assurances to perfect the fee simple title to said 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, however, that if said mortgagor shall pay unto said mortgagee the certain promissory note hereinafter substantially copied or identified to-wit: SEE EXHIBIT "8" ATTACHED HERETOa
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and shall perform, comply with and abide by each and every agreement, stpulatlon, condition and covenant 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 taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit or suffer no 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 a sum of not less than the highest insurable value with a
standard mortgagee clause in a company or companies acceptable to the mortgagee, and in the event any sum of money becomes payable by virtue of such insurance and unless the parties otherwise agree in writing, the proceeds shall be applied to the restoration or repair of the property damaged if restoration or repairs are economically feasible and the mortgagees security is not lessened. Mortgagor shall pay all costs, charges, and expenses, includjng 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 agreement, stipulation, condition and covenant set forth in said note and this mortgage or either. In the event the mortgagor fails to pay when due any tax, mortgage payment, 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 Jaws of the State of Florida.
If any sum of money referred to herein is not promptly paid within thirty (30) days after the same becomes due, or if each and every agreement, stipulation, condition and covenant of said note and this mortgage, or either, is not fully performed, complied with and abided by, then the entire sum mentioned in said note, and this mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter. at the 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
of the rights or options herein provided shall not constitute a waiver of any rights or options under said note or this mortgage accrued or thereafter accrulnq. Notwithstanding any of the terms and provisions contained in this mortgage or the note which it secures to the contrary, the mortgagor covenants and agrees, that if any interest in the real property encumbered hereby is sold or transferred, the entire unpaid principal balance, plus accrued interest, if any, secured by this mortgage, shall immediately become due and payable in
If there shall be a default under any junior or senior mortgage and said default shall continue for ten (10) days or more, or should any suit be commenced to foreclose any junior or senior mortgage, then the whole of the principal sum, plus accrued interest secured hereby shall become due and payable at the option of the Mortgagee. In addition, Mortgagee shari have the
right to make payments of any senior mortgage in default, and all such sums paid by the Mortqaqee, including interest at the highest rate of interest now allowed under the laws of the State of Florida, shalf be secured by this mortgage. If the mortgagor shall file any petition for relief under the provisions of the Bankruptcy Act or the State of Insolvency Statute, or any such petition shall be fired against the mortgagor, or if the mortgagor shall make any general assignment for the benefit of creditors, or if any receiver shall be appointed for any of the assets of the mortgagor, then the said prlncipal sum and interest shall become due and payable at the option of the mortgagee. If the mortgagor accepts any modification or future advances under a senior mortgage, at the option of the mortgagee, the entire unpaid principal, plus accrued interest secured hereby shall
become immediately due and payable.
The terms "mortqaqor" and "rnortqaqee" whenever used in this instrument shall include the heirs, personal representatives, successors and assigns of the respective parties hereto. Whenever used the singular number shall include the plural and plural the singular, and the use
of any gender shall include all genders. Mortgagor shall provide mortgagee on or before March 1st of each year during the term of this mortgage. a copy of tax receipts evidencing the payment of all lawfully imposed taxes for the
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In the event that any provision of this Mortgage, or if any provision of the note secured by this mortgage is ruled by a Court of competent jurisdiction, whose judgment is not or cannot be appealed, to be invalid or partially invalid, such invalidity or partial invalidity shall not affect any other provision of this mortgage and the mortgage shall be interpreted and construed as if the provisions held invalid had not been included in said mortqaqe. This mortgage shall be interpreted and construed according to the laws of the State of Florida. IN WITNESS WHEREOF, the said mortgagor has hereunto Signed and sealed these presents the day and year first above written. THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCrPAL BALANCE DUE UPON MATURrTY IS $551,050.00 TOGETHER WITH ACCRUED INTEREST IF ANY AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. rt
First Witness Sign
2nd Witness Print Name
STATE OF FLORIDA COUNTY OF BROWARD The foregoing was acknowledged before me this 14th day of May, 2004, by DREW EN US and J4;\SON ROSENHAUS, who are personally known to me or who produced
VI ~~s +--------.........._---------
MY COMMISSION' DO 188104 EXPIRES; March 21. 2007
EbMiad lhtu Nctluy NJIc UhdIfttIJra
Notary Public My commission expires:
State of Florida's Documentary Stamp Tax required by law in the amount of $1,928.68 has been paid to the Clerk of the Circuit Court for the County of Sf8tL.r".~a'Et, State of Florida.
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CREEK SUBDIVISION of Miami Beach Bay Shore Company, as the same is shown, marked and designated on a plat of said Sllbdi vision, recorded in Plat Book 31, Page 75, in the Office of the Clerk of the Circuit Court in and for Dade
ALSO, the Northerly 25 feet of Lot 47 of INDIAN CREEK SUBDIVISION, according to the abovementioned Plat and more particularly described as follows:
BEGINNl:NG a t the Southeasterly corner of Lot 4 6 of INDIAN" CREEK SUBDIVISION, as the same is ahown on a plat entitled It INDIAN CREEK SUBDIVISION II as recorded in Plat Book 31, I Page 75, of the Public Records of Dade County, Florida, run in a Wester~y direction along the dividing line between Lots 46 and 47 a distance of 215.5 feet more or less to the outside face of a concrete bulkhead on the Easterly shore of Indian Creek; thence X'"l.lrl. in a Southerly direction along the outside face of sa:1.d concrete bulkhead a distance of 25 feet more or l.eso to a point; said point being the intersection of the outside face of said concrete bulkhead with a line parallel to and 25 feet: distant South from the dividing line between said Lota 46 and 47 i thence run in an Easterly direction along a line parallel to and 25 feet distant South from a dividing 1ine between said Lota 46 an.d 47, a distance of 215.5 feet, more or lesD, to the West 1ine of Water View Pradol thence run in a Norther1y direct.ion along the Westerly line of Water View Prado, a distance of 25 feet to the Point of Beginning of the tract of Larid here i.n described.
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Ft. Lauderdafe, Florida May 14.2004
FOR VALUE RECEIVED, the undersigned (jointly and severally, if more than one) promises to pay to WARREN C. SAPP, or order, in the manner hereinafter specified, the principal sum of FIVE HUNDRED FIFTY ONE THOUSAND AND FIFTY AND NO/1 00 ($551 ,050.00) with interest from date at the rate of four percent (40/Q) per annum on the balance from time to time remaining unpaid. The said principal and interest shall be payable in lawful money of the United States of America at 16609 VillaJenda De Avila, Tampa, Florida 33613. 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: Interest only payments in the sum of $1 ,836.83 commencing June 14, 2004 and a like payment on the 14th day of each month thereafter. until May 14, 2009, at which time, the entire unpaid principal balance, together with any unpaid accrued interest shall be due and payable in tull.
Any payment due herein which is not received by the holder within fifteen (15) days of its due date shall be subject to a late fee of 50/0 of the amount of the subject payment.
THIS NOTE MAY BE PREPAID, IN WHOLE OR IN PART, AT ANY TIME WITHOUT PENALTY. This note with interest is secured by a mortgage on real estate of even date herewith made by the maker in favor of the payee and shall be construed and enforced according to the laws of the State of Florida. 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 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 said principal sum and accrued interest shalJ 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 liable hereon whether makerorendorser, herebywaives presentment. protest, notice of protest and notice of dishonor and agrees to pay all costs. including a reasonable attorney's fee, whether suit be brought or not, if after maturity of this Note or default hereunder, counsel shall be employed to collect this Note, or to protect the security of said rnortqaqe. Whenever used herein the terms "holder" t "maker" r and "payee" shall be construed in the singular or plural as the context may require or adrnlt.
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