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06/18/1997 AgreementRetum to: (enclosed is a self addressed stamped envelope) Mortgage Modification Agreement Name: Neta L. Seiber, P.A. Address: P.O. Box 522583 Marathon Shores, FL 33052 MONROE COUNTY THIS INSTRUMENT PREPARED BY: Neta L. Seiber, Esq. OFFICIAL RECORDS Address: P.O. Box 522583 Marathon Shores, FL 33052 FILE # 1044954 Property Appraisers Parcel Identification (Folio) Number(s): BK#1446 PG#808 RCD Jan 30 1998 01:24PM pace above this line for processing data D A N N Y L K O L H A G E C L E R K ,Martna](11P 06blifitration Agreement THIS MORTGAGE MODIFICATION AGREEMENT (the 'Agreement") made this 30th day of May,1997, between SEA CREST OF MARATHON, a General Partnership, (the "Mortgagee") and MONROE COUNTY (the "Mortgagor") amend and supplement (1) the Mortgage dated December 1, 1991, and recorded in Official Records Book 1197, Page 2245, of the Public Records of Monroe County Florida, and (2) the Promissory Note bearing the same date as, and secured by, said Mortgage which covers the real property described in the Mortgage and defined herein as the "Property", located at 204 91st - Ocean, Marathon, Florida and being more specifically described as follows: Lots 19, 20, 21 and 22, SEA CREST HEIGHTS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 3, Page 60, of the Public Records of Monroe County, Florida. IN CONSIDERATION of the mutual promises and agreements exchanged, the parties hereto agreed as follows (notwithstanding anything to the contrary contained in the Note or Mortgage): 1. As of December 1, 1992, the loan amount under the Note and Mortgage (the "unpaid principal balance") is Fifteen Thousand and no/100 Dollars ($15,000.00) consisting of the amount(s) loaned to the Mortgagee by the Mortgagor and any interest capitalized to date. 2. The amortization of loan schedule attached hereto as Exhibit "A" reflects the unpaid principal balance which Mortgagees agree to pay in accordance with the terms of said Mortgage. 3. All other provisions of said Mortgage and Promissory Note remain unchanged. 4. Nothing in this Agreement shall be understood or construed to be a satisfaction or release, in whole or in part, of the Note and Mortgage. Except as otherwise provided in this Agreement, the Note and Mortgage will remain unchanged and the Mortgagee and the Mortgagor will be bound by, and comply with, all of the terms and provisions thereof, as amended by this Agreement. Signed, Sealed and Delivered in the presence of : Witness #1 Name Printed Witness #2 Name Printed REIRA Name Printed Witness Name Printed COUNTY Printed SEA CREST OF MARATHON, A General Partnership Karen Name Printed W APPROVED AS TO FORM AND L SUFFICIEN000, BY �' .• U O DATE STATE OF FLORIDA ) FILE # 1 0 4 4 9 5 4 )ss BK#1 4 9 6 PG#8 0 9 COUNTY OF MONROE ) laaua�y 8 'f99, he foregoing instrument was acknowledged before me this _�_,3_ rl day of 141y, by aG� `- O h O `n who is the (i� eZ�lO r' of MONROE COUNTY on behalf of MONROE COUNT Ie she is personally known tome or has produced as identification and did / did not take an oath. My Commission Expires: ,&a A,44v Or A -"-� 4K NOTARY PUBJUC State 901orida Notary's Name Printed AA 77 ov :';�:E'Vi::is ills No. CC506335 STATE OF FLORIDA P-On•llyK-WU OO o1.D. )ss COUNTY OF MONROE ) The foregoing instrument was acknowledged before me this 30th__ day of May, 1997 by Karen Farley —Wilkinson , who isthe general partner ofSEA CREST OF MARATHON, a General Partnership, on behalf of the corporation. He/she is personally known to me nd dam/ did not take an oath. My Commission Expires: CHEM RA NctW pubicStc" of Fwddo My Can May 16, 2001 Cprtmbdan # CC 628141 NOTARY P LIC, State of Florida CHERYL A. PEREIRA Notary's Name Printed FILE #1 044954 EXHIBIT "All BK#1 4 9 6 PG#8 1 0 . ......... ................ ................ x.. ................ .............. ........... . ................................. ....... ............................. ....... . , ............................. , ......... ... .............. . ....... ...... . .. ............................... ... . ....... ......... .......... ...... ......... ................ ........... ............................................. ......... ........ o-.-. � ...... ........................................ ...... ......... .. . .. ............. ........ ............................. .......................................... .................................... 1 12/1/92 $15,000.00 zero % -0- $15,000.00 2 12/1/93 $15,000.00 zero % -0- $15,000.00 3 12/1/94 $15,000.00 zero % -0- $15,000.00 4 12/1/95 $15,000.00 15% $2,500.00 $12,750.00 5 12/1/96 $12,750.00 15% $2,500.00 $10,500.00 6 12/1/97 $10,500.00 15% $2,500.00 $8,250.00 7 12/1/98GQ $8,250.00 15% $2,500.00 $6,000.00 8 12/1/99 $6,000.00 15% $2,500.00 $3,750.00 9 12/l/2000 $3,750.00 15% $2,500.00 $1,500.00 10 12/l/2001 $1,500.00 10% $1,500.00 $ zero MONROE COUNTY OFFICIAL RECORDS a Return to: (enclosed is a self addressed stamped envelope) Name: Neta L. Seiber, P.A. Address: P.O. Box 522583 Marathon Shores, FL 33052 THIS INSTRUMENT PREPARED BY: Neta L. Seiber, Esq. Address: P.O. Box 522583 Marathon Shores, FL 33052 Property Appraisers Parcel Identification (Folio) Number(s): Assumption AssulupfixTit MONROE COUNTY OFFICIAL RECORDS FILE # 1 0449,5 5 BK#1 4 9 6 PG#8 11 RCD Jan 30 1998 01:27PM DANNY L KOLHAGE, CLERK A MTG DOC STAMP ^' 01 /30/1998 �1�� 36. 75 DEP CLK THIS ASSUMPTION (the 'Agreement") is made as of the 30th day of May, 1997, between JOHN RATHBUN and LOUISE RATHBUN, husband and wife (the "Grantees") and MONROE COUNTY (the "Mortgagee") THIS AGREEMENT is made for the purpose of assuming that certain mortgage and promissory note dated December 1, 1991 and recorded in Official Records Book 1197, Pages 2245-2257 of the Public Records of Monroe County, Florida, between SEA CREST OF MARATHON, a General Partnership, and MONROE COUNTY encumbering that certain property described below and given to secure the Promissory Note (the "Note") made, executed and delivered by SEA CREST OF MARATHON, a General Partnership, in favor of Mortgagee and dated December 1, 1991 in the original principal sum of Twenty -Eight Thousand and no/100 Dollars ($28,000.00), and being subsequently modified on the 30th day of May, 1997, to reflect the principal sum of Fifteen Thousand and no/100 Dollars ($15,000.00). Said property being described as follows: Lots 19, 20, 21 and 22, SEA CREST HEIGHTS SUBDIVISION, according to the Plat thereof as recorded in Plat Book 3, Page 60, of the Public Records of Monroe County, Florida. NOW THEREFORE, in consideration of Ten and no/100 Dollars ($10.00) paid by the Grantees to the Mortgagee, the receipt of which is hereby acknowledged, and for other good and valuable consideration flowing between the parties hereto, the parties do covenant and agree as follows: 1. Grantee have or are about to purchase the mortgaged property described above. 2. The unpaid principal balance of said mortgage as of May 30, 1997, is Ten Thousand Five -Hundred and no/100 Dollars ($10,500.00). An amortization of loan schedule is attached hereto which shows that this is a "forgiving loan" provided that Grantees comply with all terms and conditions of said Mortgage. 3. It is expressly agreed and understood that this Assumption of the existing Note and Mortgage, as modified, shall not change the amortization of loan schedule or any other terms of the Mortgage. 4. SEA CREST OF MARATHON, a General Partnership and its General Partners are hereby released from any and all liability pursuant to the existing Note and Mortgage, as modified. 5. All other terms and conditions of said Note and Mortgage, as modified, shall remain unchanged. Signed, Sealed and Delivered in the presence of : Witness #1 Name Printed Witness #2 COUNTY JACK LONDON, MAYOR/CHAIRMAN Printed Name Printed FILE # 1 0 44 9 5 5 BR# 1 4 S 6 PG# 8 1 2 Signed, Sealed and Delivered in the presence of: Witness # CHERYL A. PEREIRA Name Z ��Z. S 2 � ltne s #2 77 Name Prin ed Witness #1 CHERYL A. PEREIRA Name Printed Witness #2 A%- r- w- L f-A— Name Printed STATE OF FLORIDA ) )ss COUNTY OF MONROE ) "OHNRAN WIT - • :II The foregoing instrument was acknowledged before JACK LONDON , who is the MONROE COUNTY . He/she is personally known tome or has produced as identification and did / did not take an oath. me this Qjr4day MAYOR of JANUARY of MONROE COUNTY My Commission Expires: 12/ 0/99 NOTARY PUB C, Stateif Florid S,-�: cc Ills � ••� No (i.>Ov Personalty Mown t I 01la1. D. Notary's Name Printed STATE OF FLORIDA COUNTY OF MONROE 8 1991 by on behalf of I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared JOHN RATHBUN, to me to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same and an oath was not taken. ® Said person is personally known to me or ❑ has provided as identification. WITNESS my hand and official seal in the County and State last aforesaid this 30th day of May A.D. 1997. MY CO 7NOtory H=ofFlodW lodWy 16, 2001141 STATE OF FLORIDA COUNTY OF MONROE TARY WJBLIC, State of Florida CHERYL A. PEREIRA Notary's Name Printed MONROE COUNTY OFFICIAL RECORDS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared LOUISE RATHBUN to me to be the person described in and who executed the foregoing instrument and acknowledged before me that she executed the same and an oath was not taken. ® Said person is personally known to me or ❑ has provided as identification. WITNESS my hand and official seal in the County and State last aforesaid this 30thday of May A.D. 1997. MY CO SIGN EXPIRES: NOTARY PISBLIC, State of Florida CPEREIRA CHERYL A. PEREIRA No"-' 1 PublicPubl� - Stato cf Florida My Can t-; asslon Expires May 16, 2001 Nota s Name Printed Cm,oftslon # CC 62t314i rY