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Item U01 U.1 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting May 19, 2021 Agenda Item Number: U.1 Agenda Item Summary #8255 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292-4510 N/A AGENDA ITEM WORDING: Approval of a release of a State Housing Initiatives Partnership (SHIP) Program Mortgage lien in favor of Antoine Massih. ITEM BACKGROUND: On 3/17/2006, Monroe County provided a State Housing Initiatives Partnership (SHIP) mortgage, in the amount of$45,000 for a residence being purchased at 25215 Margaret Street, Summerland Key, FL 33042 to Antoine Massih. Subsequently, following the issuance of the mortgage, Mr. Masssih became insolvent and filed for bankruptcy. A motion to value and determine the secured status of lien on real property was held on May 21, 2013. The Certificate of Service for the hearing indicated that Monroe County was served a copy of the motion by mail sent to"1100 Simonton St., Key West FL" (no name, no department name, no suite number) and a letter was also allegedly sent to the Mayor. There was no response by the County. The Court held the hearing and found that, at the time, the just value of the real property was approximately half the value of the first mortgage, leaving no equity in the property to satisfy the County's second mortgage. As a result, the County's secured interest in the property was extinguished. The Release of Mortgage is the appropriate instrument to be issued in this instance wherein Mr. Massih's motion was granted and the SHIP mortgage was extinguished. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 03 17 2006 SHIP Mortgage Release of Lien 05 19 2021 Order on Motion to Value Backup Packet Pg. 2863 U.1 FINANCIAL IMPACT: Effective Date: 5/19/2021 Expiration Date: None Total Dollar Value of Contract: 0 Total Cost to County: 0 Current Year Portion: 0 Budgeted: 0 Source of Funds: N/A CPI: 0 Indirect Costs: 0 Estimated Ongoing Costs Not Included in above dollar amounts: 0 Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: NA REVIEWED BY: Sheryl Graham Completed 05/06/2021 4:35 PM Pedro Mercado Completed 05/07/2021 12:22 PM Purchasing Completed 05/07/2021 12:28 PM Budget and Finance Completed 05/07/2021 12:33 PM Maria Slavik Completed 05/07/2021 12:40 PM Liz Yongue Completed 05/10/2021 11:40 AM Board of County Commissioners Pending 05/19/2021 9:00 AM Packet Pg. 2864 U.1.a �g THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF n DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUE 420.513 c� THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE �5 UPON MATURITY IS $45,000.00,TOGETHER IT ACCRUED INTEREST, IF a co ANY,AND ALL ADVANCEMENTS MADE BY THE MORTGAGE UNDER THE `a. TERMS OF THIS SECOND MORTGAGE. co rn m SECOND GAGE (Due on Sale, Refinancing or Rental) is t>D COUNTY OF MONROE cc S141P LOAN PROGRAM on This second mortgage is made this March 17 , 2006, between the Mortgagor, ANTOINE SSIH, a single man, (herein the "Borrower,") and the Mortgagee, the COUNTY OF gw NOE, an agency and instrumentality of the State of Florida, whose address is Monroe N County Courthouse, 500 Whitehead Street, Key West, Florida 33040 (herein the"Lender.") m _ g n � WHEREAS, the Borrower has applied to Keys Federal Credit Union ("Participant") for a loan for the purchase of the Property (as defined herein,) which Mortgage Loan shall be secured by a First Mortgage lien (the"First Mortgage") in favor of Participant. The Borrower has applied to the County of Monroe Special Programs Office for a SHIP Program Loan in the original principal amount of FORTY FIVE THOUSAND LA S AND NO � 0 CENTS ($45,000.00), the "Loan," the Borrower along with his/her/their family, intends to reside as a household in the Property (as defined herein,) which Property is a single-family residence, and � y WHEREAS, the Borrower is indebted to Lender in the principal sum of FORTY FIVE THOUSAND DOLLARS AND NO CENTS ($45,000.00),which indebtedness is evidenced by the Borrower's Promissory Note dated March 17 , 2006 and extensions and renewals thereof(herein "Note,") providing for payment of principal indebtedness if not sooner paid due and payable on March 17 2036. w� TO SECURE to the Lender the repayment of the indebtedness evidenced by the Note: the ae® 0 U payment of all other sums, advanced in accordance herewith to protect the security of this S- Mortgage: and the performance of the covenants and agreements of the Borrower herein N contained the Borrower does hereby mortgage, grant and convey to Lender the following ni described property located in the County of Monroe, State of Florida: (0 CD cv SUMMERLAND ESTATES PB2-167 SUERLAND KEY PT OF W'LY SO'LOT 31 r9 Which has the address of 25215 _ ar aret Street Summerland Kev Florida 33042 E (street) (City) (state) (Zip Code) U (herein the"Property Address:") TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, and rents all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property(or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the"Property." Return to and This instrument was prepared by: Special Programs Office 1400 Kennedy Drive Key West, FL 33040 Colleen Gardner C:\Documents and settings\cpac.CORP\Local Settings\Temporary Internet F'iles\OLKCF\NEW FTH13 MORTGAGE Massih 030706.doc Page 1 file:///C:/Users/GRAHAM-1/AppData/Local/Temp/Low/WUM8CTO.htm Packet Pg. 2865 U.1.a DocK 1572046 BkU 2195 Pga 293 BORROWER COVENANTS, represents and warrants to the Lender and its successors and assigns that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and the Property is unencumbered, except for the mortgage lien of the First Mortgage in favor of Participant, and for other encumbrances of record. Borrower covenants, represents and warrants to the Lender and its successors and assigns that Borrower will defend generally the title to the Property against all claims and demands, subject to the mortgage lien of the First Mortgage and other encumbrances of record. BORROWER FURTHER COVENANTS and agrees with the Lender as follows: 1. Payment. The Borrower shall promptly pay when due the indebtedness evidenced by the Note. 2. Prior Mortgages and Deeds of Trust; Cbar es; Liens. Lender and Borrower acknowledge and agree that this Mortgage is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Mortgage and to all advances 0 heretofore made. The Borrower shall perform all of the Borrower's obligations under the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage, including the Borrower's covenants to make payments when due. The Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property that may attain a 0 priority over this Mortgage, and leasehold payments or ground rents, if any. 0 3. Hazard Insurance. The Borrower shall keep the improvements now existing or y hereafter erected on the Property insured against loss by fire, hazards included within the 0 term "extended coverage," and such other hazards as the Lender may require and in such amounts and for such period as the Lender may require. 0 The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by the Lender, provided that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to the Lender and shall include a standard mortgage clause in favor of, and in a form acceptable to the 0 Lender_ The Lender shall have the right to hold the policies and renewals thereof, subject 0. to the terms of the First Mortgage and any other mortgage, deed of trust or other security agreement with a lien that has priority over this Mortgage. CD In the event of loss, the Borrower shall give prompt notice to the insurance carrier and to N the Lender. The Lender may make proof of loss if not made promptly by the Borrower. r If the Property is abandoned by the Borrower, or if the Borrower fails to respond to the CD "9 Lender within thirty(31) days from the date notice mailed by the Lender to the Borrower that the insurance carrier offers to settle a claim for insurance benefits, the Lender is 0 0 authorized to collect and apply the insurance proceeds at the Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. o 4. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. The Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, the Borrower shall perform all of the Borrower's obligations under the declaration or covenants creating or governing such condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 5. Protection of Lender's Security. If the Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced that materially affects the Lender's interest in the Property. Then the Lender, at the Lender's option upon notice to the Borrower, may make such appearances, disburse such sums, including reasonable attorney's fees, and take such action as is necessary to protect the Lender's interest in the Property. � �A CAD—ments and Settings\cpac.CORP\Local Settings\Temporary lntemet Fi1es\0LKCFWEW FTHS MORTGAGE Massih 030706.doc Page 2 file:///C:/Users/GRAHAM—I/AppData/Local/Temp/Low[MIUHU8CTO.htm Packet Pg. 2866 U.1.a DOck 1572048 Bk# 2195 PgH 294 Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon, at the rate of twelve percent (12%) per annum, shall become additional indebtedness of the Borrower secured by this Mortgage. Unless the Borrower and the Lender agree to other terms of payment, such amounts shall be payable upon notice from the Lender to the Borrower requesting payment thereof. Nothing contained in this Paragraph 5 shall require the Lender to incur any expense or take any action hereunder. 6. Inspection. The Lender may make or cause to be made reasonable entries upon the inspections of the Property, provided that the Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor to the Lender's interest in the Property. 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Lender, subject to the terms of any mortgage, deed of trust or to the security agreement with a lien that has priority over this Mortgage. S. Borrower NotReleased: Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by the Lender to any successor in interest of the Borrower shall not operate to release, in a manner, the liability of the original Borrower and the Borrower's successors in interest. The Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the lon sums secured by this Mortgage by reason of any demand made by the original Borrower and the Borrower's successors in interest. Any forbearance by the Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 9. Successors and Assigns Bound. Joint and Several Liability. Co-Signers The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns for the Lender and the Borrower, subject to the provisions of Paragraph 14 hereof. If more than one Borrower executes this CL Mortgage, all covenants, representations, warranties and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does not execute the U) Note: (a) is co-signing this Mortgage only to mortgage. Grant and convey that CD CD Borrower's interest in the Property to the Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and r any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note without the CD Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 10. Notice. Except for any notice required under applicable law to be given in another o manner: a an notice of the Borrower y provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified or registered mail, postage prepaid, addressed to the Borrower at the Property Address or at such other address as the Borrower may designate by notice to the Lender as provided herein, and (b) any notice to the Lender and/or the Federal National Mortgage Association ("Fannie Mae") shall be given by certified or registered mail, postage prepaid, and if to the Lender at the Lender's address stated on page 1 hereof with a copy to Servicer, if to Fannie Mae, addressed to 950 East Paces Ferry Road, Atlanta, Georgia 31326, Attention: Loan Administration, or to such other address as the Lender may designate by notice to the Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to the Borrower or the Lender when given in the manner designated herein. C:\Documents and Settings\cpac.CORP\L.oca1 Settings\Ternp—,y Intornct Fi1es\OLKCFW EW FTHB MORTGAGE Massih 030706.doc Page 3 file:///C:/Users/GRAHAM-1/AppData/Local/Temp/Low/WUM8CTO.htrn Packet Pg. 2867 U.1.a Doca 1572048 Ska 2195 P9a 29 1 1_ Governine Law; Severility; Costs. This Mortgage shall be governed by the laws of the State of Florida, and, to the extent applicable hereto, the laws and regulations of the United States of America. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict provision, and to this and the provisions of this Mortgage or the Note that can be given effect without the conflicting provision, and to this and the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses," and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 12, Borrower's Conv. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 13. _Rehabilitation Loan Aeree ent. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement that Borrower enters into with the Participant, the Lender, at the Lender's option, may require Borrower to execute and deliver to the Lender, in a form acceptable to the Lender, as o assignment of any rights, claims or defenses that Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. cB 14. 'Transfer of the ProDertv. If all or any part of the Property or any interest in it is sold, transferred, gifted or otherwise conveyed, whether by voluntary act, involuntarily, by operation of law or otherwise, or if the Borrower is divested of title by judicial sale, levy or other proceeding, or if foreclosure action is instituted against the Property, or if the y First Mortgage is satisfied or refinanced, or if the Property is leased or rented, all sums secured by this Mortgage shall immediately become due and payable as provided herein. In the event that the property is constructed, developed, financed or owned by Habitat for .W. Humanity of Key West and Lower Florida Keys, Inc., Habitat for Humanity of the Middle Keys, Inc., Habitat for Humanity of the Upper Keys, Inc. or Habitats Keys Solutions, Inc., this mortgage may be assumed should the following conditions exist at the time of sale; (a) The prospective buyer(s) qualify under SHIP Program income eligibility guidelines; (b) the transaction maintains the properties affordability to the prospective buyer; (c) the properties long term affordability criteria are recorded, enforced and for a period of not CL less than the terrn of the SHIP Program mortgage and the transaction is consistent with such affordability criteria. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is given provided in Paragraph 10 C� hereof within which the Borrower must pay all sums secured by this Mortgage. If r9 Borrower fails to pay these sums prior to the expiration of this period, the Lender may invoke any remedies permitted by this Mortgage without further notice or demand on the Borrower. o 15. Accelerations Remedies. Except as provided in Paragraph 14 hereof, upon the o Borrower's breach of any covenant or agreement of the Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, or in the event that the Borrower shall have made material misrepresentations or material omissions in his/her/their application for a SHIP Loan,the Lender, at the Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Prior to taking any defaults action including acceleration of this Mortgage, the Lender shall give notice to the Senior Lien Holder and to the Borrower as provided in Paragraph 10 hereof specifying (1) the breach (if the breach is curable; (2) the action required to cure such breach; (3) a date, not less than ten (10) days form the date the notice is mailed to Borrower,by which such breach must be cured; and(4)that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defensive of Borrower to acceleration and foreclosure. The Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable C:\Documents and Settings\cpac.CORP\Local Settings\Temporary Internet Files\OLKCF\NEW FTHB MORTGAGE Massih 030706.doc Page 4 file:///C:/Users/GRARAM—I/AppData/Local/Temp/Low/WUHU8CTO.htm Packet Pg. 2868 U.1.a attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports-reports- Doen 1572048 BkN 2195 PgN 286 16. Borrower's Pialitto Reinstate. Notwithstanding the Lender's acceleration of the sums secured by this Mortgage due to the Borrower's breach, the Borrower shall have the right to have any proceedings begun by the Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if. (a) the Borrower pays the Lender all sums that would be then due under this Mortgage and the Note had no acceleration occurred; (b) the Borrower cures all breaches of any other covenants or agreements of the Borrower contained in this Mortgage; (c) the Borrower pays all reasonable expenses incurred by the Lender in enforcing the covenants and agreements of the Borrower contained in this Mortgage, and in enforcing the Lender's remedies as provided in Paragraph 15 hereof, including, but not limited to, reasonable attorneys' fees and court costs; and (d) the Borrower takes such action as the Lender may reasonably require to assure that the lien of this Mortgage, the Lender's interest in the Property and the Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by the Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 17. Assignment of Rents- Appoint ent of]feceiver. As additional security hereunder, the Borrower hereby assigns to the Lender the rents of the Property, provided that the Borrower shall, prior to acceleration under Paragraph 15 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph 15 hereof or abandonment of the Property,the Lender 0) shall be entitled to have a receiver appointed by a court to enter upon, take possession of 0) and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to the payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sum secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 18. RRelease. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge to Borrower. Borrower shall pay all costs ofrecordation, if any. CD 19. Attornevs' Fees. As used in this Mortgage and in the Note, "attorneys' fees" shall cCD v include attorneys' fees, if any, incurred in connection with the collection or enforcement of this Mortgage or of the Note, whether or not suit is brought and whether incurred at trial, on appeal, in bankruptcy proceedings or otherwise. CD 20. Special SHII,P.. Program Covenants Representations The Borrower covenants, represents, and warrants to the Lender that; (a) the Borrower along with his/her/their/ family, intends to reside as a household in the Property; (b)the Property is a single-family o residence; (c) the Borrower's total annual family income at the time of its application for the Loan did not exceed the income limit by family size for eligibility to participate in the SHIP Program, (d) at least three percent (3%) of the required down payment must be paid by the Borrower from his or her own resources. 21. Princi"l avment. Lender shall give the Borrower the right to negotiate a repayment schedule for 90 days after the last payment is due on the First Mortgage for all sums secured by this Mortgage that have been deferred. The terms and conditions of the repayment schedule negotiated after the last payment is due on the First Mortgage shall provide for a below market interest rate, a term for up to thirty(30) years, a principal and interest not to exceed the original First Mortgage principal and interest payment and such payment of principal and interest when combined with real-estate taxes and property insurance shall not exceed twenty five percent(25%) of the household income. C:\Documents and Settings\epac.CORP\Local Settings\Temporary Internet Files\OLKCnNEW FTYJD MORTGAGE Massih 030706.doc Page 5 file:///C:/Users/GRAHAM—l/AppData/Local/Temp/Low/ViUHU8CTO.hhn Packet Pg. 2869 U.1.a DooN 1572048 m 219 Pso 297 IN WITNESS WHEREOF, the Borrower has executed this Mortgage. NOTICE O DO NOT SIGN THIS MORTGAGE IF IT CONTAINS BLANKSPACES. I. SPACES SHOULD BE COMPLETED BEFORE YOU SIGN. THIS IS A BALLOON OR GAG E THE PRINCIPAL BALANCE DUE UPON MATURITYS $45,000.00,TOGETHER WIT ACCRUED NTE ST, IF ANY, AND ALL ADVANCEMENTS MA E BY THE MORTGAGEE UNDER THE TERMS OF THIS SECOND MORTGAGE. Signed, sealed, and delivered in the presence of i ature ANTOINE MASSIH Borrower Printed Nam 'Z_ 0 1 Address: 25215 Margaret Street 0 Witness Sign re r o Name: - (C/ Summerland Rey, FL. 33042 Witness Signature Borrower Printed Name: 0 Address: Witness Signature Name: cv ram. r STATE OF FLORIDA COUNTY OF MONROE 0 The foregoing was acknowledged before me this 17th day of March 2006 by Antoine Ma ai who is personally 0 known to me or who has produced a valid driver license as identification and who did not take an oath. Nota re SEAL Printed Name: Cl Wroiw P-PAC r �ueiti-sue of FWds My c ,,n;.Fxp;res g,x,:••-= Commission Nu Bccded By hd;,•"" o.�'+' .nf_ NW-emY Ptf�ic-: d Fld4da y Commission F`o.•••` Ctxim:es:art L`t:)%8 139621 C:\Documents and settings\cpac.CORP\Local Settings\Temporary Intemet Files\OLKCF\NEW FTHB MORTGAGE Massih 030706.doc Page 6 file:///C:/Users/GRAHAM-1/AppData/Local/Temp/Low/WUHU8CTO.htm Packet Pg. 2870 U.1.a THIS MORTGAGEIS GIVENTO MONROE COUNTYAND IS SUBJECT T PAYMENT OF DOCUMENTARY STAMPTAXATION PURSUANT TO FLORIDA STATUE . 1 DOCK 1572048 SkN 2295 PUN 298 J D D D to CD CD h r M u CADocuments and Settings\cpac.CORP\Local Settings\Temporary Intemet Files\OLKCF\NEW FTHB MORTGAGE Massih 030706.doc Page 7 file:///C:[Users/GRAHAM-1/AppData/Local/Temp/Low/WUHU8CTO.htm Packet Pg. Hi U.1.a DocM 2572048 90 299 . EXHIBIT "All THE WESTERLY 80.00 FEET(AS MEASURED PARALLEL TO KATHERINESTREET) OF TRACT 31 ACCORDING TO THE PLAT OF SUMMER ND ESTATES AS RECORDED IN PLAT BOOK 2, AT PAGE 167, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED PROPERTY: COMMENCE AT THE INTERSECTION OF MARGARET STREET AND KATHERINE STREET ACCORDING TO THE PLAT OF SUMMERLAND ESTATES, AS RECORDED IN PLAT BOOK 2 AT PAGE 17, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE N 17031'00"W., ALONG THE CENTER LINE OF KATHERINE STREET 839.29 FEET; THENCE N 70027'4 " E., 20.01 FEET TO THE NORTHWEST CORNER OF TRACT 31 OF SAID PLAT, ALSO BEING MARKED WITH A NUMBER FOUR RE-BAR WITH CAP NO 2198, AND THE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED: THENCE CONTINUE N 7002744" E., ALONG THE NORTH LINE OF TRACT 31, 80.05 FEET; THENCE S 17031'00" E., 57.82 FEET; THENCE S 72029'00"WEST 80.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF KATHERINE STREET; 2 THENCE N 17031'00" W., ALONG THE SAID RIGHT OF WAY 55.00 FEET TO THE POINT OF BEGINNING. 0 c MONROE COUNTY OFFICIAL RECORDS c co CD CD cv r. r9 file:///C:/Users/GRAHAM—I/AppData/Local/Temp/Low/VXfW8CTO.htm Packet Pg. 2872 U.1.b RELEASE OF MORTGAGE OR LIEN Know All Men By These Presents, that Monroe County, the owner(s) and holder(s) of a certain Mortgage Deed, executed on March 17, 2006 by ANTOINE MASSIH, to Monroe County, Florida and recorded on March 22, 2006, in Official Records Book 2195, Page 292, as Document #1572048 in the office of the Clerk of the Circuit Court of Monroe County, State of Florida, securing certain Note in the principal sum of FORTY FIVE THOUSAND DOLLARS AND NO CENTS ($45,000.00), upon the property situate in said State and County described as follow, to-wit: SUMMERLAND ESTATES PB 2 167 SUMMERLAND KEY PT OF WT Y 80 T OT31 Which has the address of 25215 Margaret Street, Summerland Key, Florida 33042 (herein the "Property Address:') does hereby RELEASE and DISCHARGE said Note and Mortgage Deed and hereby direct KEVIN MADOK, CPA, the Clerk of the said Circuit Court, to cancel the same of record. 0 In Witness Whereof, Monroe County has caused this document to be executed as of this W day of May, 2021. cv CD cv (SEAL) BOARD OF COUNTY COMMISSIONERS T_ ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Michelle Coldiron 0 NROE COUNTY ATTOnNEY Ar, ,ngYFO FORM EED Q J. AMS UN Y ATTORNEY Tate 5/6/21 Packet Pg. 2873 Case 13-14070-AJC Doc 43 Filed 05/28/13 Page 1 of 3 4 a�xFR11DIsi9ICf Of�o ORDERED in the Southern District of Florida on May 24, 2013. A.Jay Cristol,Judge United States Bankruptcy Court 0 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA W MIAMI DIVISION CASE NO. 13-14070-BKC-AJC IN RE: CHAPTER 13 ANTOINE MASSIH, Debtor. ORDER GRANTING DEBTOR'S MOTION TO VALUE AND DETERMINE SECURED c STATUS OF LIEN ON REAL PROPERTY HELD BY COUNTY OF MONROE c 0 THIS CAUSE having come on to be heard at 9:00 a.m., 0 on May 21, 2013, on the Debtor's Motion to Value and determine secured status of lien on real property, [ECF 27]. Based upon the Debtor's assertions made in support of the Motion, without objection, having considered the record in this case, and based upon the record, the Court FINDS as follows: A. The value of the Debtor's real property located at 25215 Margaret Street, Summerland Key, Florida 33042, and more particularly described as: THE WESTERLY 80.00 FEET (AS MEASURED PARALLEL TO KATHERINE STREET) OF TRACT 31 ACCORDING TO THE PLAT OF SUMMERLAND ESTATES AS RECORDED IN PLAT BOOK 2, AT PAGE 167, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, is $123,964.00, at the time of filing of this case. Packet Pg. 2874 Case 13-14070-AJC Doc 43 Filed 05/28/13 Page 2 of 3 B. The total of all claims secured by liens on the Real Property senior to the lien of County of Monroe (the "Lender") is $242,000.00. C. The equity remaining in the Real Property after payment of all claims secured by liens senior to the lien of Lender, County of Monroe, is $0.00 and Lender has a secured interest in the Real Property in such amount. Consequently, it is ORDERED as follows: 1. The Motion is GRANTED. 2. Lender, County of Monroe, has an allowed secured claim in the amount of $0.00. c c 3. Because Lender's secured interest in Real Property is $0, Lender's, County of Monroe, mortgage recorded on March 22, 2006 at OR Book 2195 at Page 292, of the .� official records of Monroe County, Florida shall be deemed void and shall be extinguished automatically, without further order of the Court, upon entry of the Debtor's discharge in this Chapter 13 case. Further, if this case is converted to a case under any other Chapter c or if this Chapter 13 case is dismissed, Lender's mortgage will no longer be considered void and shall be restored as a lien on the real property. c 4. (Select only one): X Lender, County of Monroe, has not filed a proof of claim in this case. E The Trustee shall not disburse any payments to Lender unless a Proof of Claim is timely filed. In the event a proof of claim is timely filed, it shall be classified as a secured claim in the amount stated in paragraph 2, above, and as a general unsecured claim for any amount in excess of such secured claim, regardless of the original classification in the proof of claim as filed. or Lender filed a proof of claim in this case. It shall be classified as a Packet Pg. 2875 Case 13-14070-AJC Doc 43 Filed 05/28/13 Page 3 of 3 secured claim in the amount provided in paragraph 2, above, and as a general unsecured claim in the amount of $, regardless of the original classification in the proof of claim as filed. 5. The real property may not be sold or refinanced without proper notice and further order of the Court. 6. Notwithstanding the foregoing, this Order is not recordable or enforceable until the Debtor receives a Discharge in this Chapter 13 case. # # # 0 Submitted by: Michael J. Brooks, Esquire c 10 Northwest LeJuene Road, Suite 620 Miami, FL 33126 Telephone (305) 443-4217 Facsimile (305) 443-3219 Email- Pleadings@bkclawmiami.com Copies furnished to: Michael J. Brooks, Esquire Nancy Neidich, Trustee c County of Monroe, Creditor County of Monroe, Attn: Heather Carruthers, Mayor Attorney, Michael J. Brooks, is directed to mail a conformed copy of this Order to all interested parties immediately upon receipt thereof. Packet Pg. 2876