05/17/2000 Agreement V. 4
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
DATE: August 21, 2000
TO: James Hendrick
County Attorney
ATTN: Jan Hotalen
FROM: Pamela G. Hanc
Deputy Clerk
At the May 17, 2000, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement subordinating a SHIP Mortgage given to
Monroe County by Juanita LeBaron to a new first mortgage in favor of Eastern Savings Bank.
Enclosed are two duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure that the "Clerk's Original" is returned to our office as soon as
possible. Should you have any questions please do not hesitate to contact this office.
cc: County Administrator w/o document
Finance
File
V/
O}!,~1,Y ~2!!~E
(305) 294-4641
BOARD OF COUNTY COMMISSIONERS
MAYOR George Neugent, District 2
Mayor Pro tern Nora Williams, District 4
Charles McCoy, District 3
Murray Nelson, District 5
Dixie Spehar, District 1
Office of the County Attorney
P.O. Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
MEMORANDUM
FROM:
Danny L. Kolhage, Clerk of Courts
Suzanne A. Hutton, Assistant County Attorney ~
January 3, 2001
TO:
DATE:
RE:
County's Original Subordination AgreemenULeBaron.
Enclosed please find the recorded subordination agreement with respect to
Juanita LeBaron, et al. Please retain in the County's asset records.
SAH/ak
Enclosures
SEP-22-00 11,25 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 2/3
. ~. FILE # 1 2 <2) 2 54,5 RCD Oct 10 2000 02: 13PM
MONROE COUNTY SK# 1 6 5 7 PG# 58 DANNY L KOLHAGE, CLERK
OFFICIAL RECORDS
5UBQ.BDINATION AGREEMENT
WHEREAS, under date of February 4, 1988, a second mortgage was given by
Clinton LeBaron, Juanita LeBaron, and Ralph Olson, in favor of Monroe County, a political
subdivision of the State of Florida, which mortgage was recorded in Official Records Book
1040, Page 1958, of Monroe County, Florida; and
WHEREAS, under date of March 1, 1997, a third mortgage, also known as a
"SHIP" mortgage, was given by Juanita LeBaron, in favor of Monroe County, which
mortgage was recorded in Official Records Book 1448, Page 950, of Monroe County,
Florida; and
WHEREAS, the legal description of the property subject to said mortgages is
attached hereto as Exhibit "A" and made a part hereof; and
WHEREAS, Monroe County has filed a Complaint to Foreclose these mortgages as
a result of the mortgagors' failure to make payments in accordance with the terms of
said agreements; and
WHEREAS, the accelerated amounts due on the notes secured by the second and
third mortgages, exclusive of interest, fees and costs, total $139,121.19 and
$47,994.00, respectively; and
WHEREAS, the owner of the subject property has obtained financing to payoff the
ba~nce of the second mortgage; and
WHEREAS, the owner of the subject property has provided assurances to Monroe
County that the subject property is available as "affordable housing, n as defined in 99.5-
4(A-5), and complies with the requirements set forth in g9.5-266(a), Monroe County
Code;
NOW, THEREFORE, in consideration of partial payment of the amount due on the
note secured by the second mortgage in the amount of $103,741.09, and other good
FILE # 1 202 5 4 5
3K# 1 6 57 PG# 59
valuable consideration, Monroe County agrees to subordinate the "SHIP" mortgage to a
new first mortgage in favor of INTERBAY FUNDING LLC, encumbering the subject
property. The "SHIP" mortgage is by this instrument subordinated and made inferior to
the Mortgage to be given by John D. Jones, in favor of INTERBAY FUNDING LLC.
parties hereto have set their hands and seals this
, 2000.
BOARD OF COUNTY COMMISSIONER
OF MONROE COUNTY, FLORIDA
BycS~-F~
Mayor/CHairperson
OWNERS:
(Jh~Ad ,~6a4~
J ITA LEBARON
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RALPH SON
jdconmortsubord
FILE #1202 S4 S
SK# 1 G 5 7 PG# G (2)
EXHt,BIT A
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Situated in the County of Monr:oe and State of Florida andkn~
as; being a parcel of land conP.1,.'s.ting of all Lots 9 and l~~'.,~~~;~~
5, of the Resubdi vis ion of paf:t. of Block 2, and all of :~l~.5~;" ~:.
of MARATHON BEACH, a subdiv1.:fJ:~.on of part of Government:".~I4t((,~'"
~~~~O~y l~iatT=~1ed 6~n s~.:t'~o~~~ ~~g..EW Ofn~:o..v~~tl:
Florida, Public Records, and .a=p.rcel of contiguous, filleQ;~~;1i.~y
bottom land. in the Gulf of M~xico, bounded and described""a.'s
follows: .
.\
Beginning on the Westerly tine of First Street't;;.;~b~
Southeasterly corner of Lot 9, Block 2, of MARATHON BEACH SQ>>.p~-
VISION recorded as a foresaid, bear North 15 degrees, 40 .mlnut.~fJ'
00 seconds West along the said Westerly line of First Street.;8"nd
Northerly prolongation ther,eof '166.82. feet. said prolongatlQn
being also a port.ion of the Easterly line of a parcel of sub-
merged land described in Official Records Book 339, Pages 472 and
473 of Monroe County Public Records, thence bear South 74 de-
grees. 20 minutes, 00 seconds West 200.00 feet to a point on the
Westerly line of said submerged lands described in Official
Records Book 339, Pages 472. and 473 as aforesaid. thence bear
South 15 degrees, 40 minutes, 00 seconds East along the said
Westerly line of said submerged lands and Westerly lines of said
Lots 10 and 9, Block 2 of MARATHON BEACH SUBDIVISION recorded as
aforesaid 166.82 feet to the Southwesterly corner of said Lot 9,
B~ock 2; thence bear North 74 degrees, 20 minutes, 00 seconds
MONROE COUNTY
OFFICIAL RECORDS