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Resolution 468-2003 Rev. 01/03 RESOLUTION 468 - 2003 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING MONROE COUNTY'S STATE HOUSING INITIVATIVE PARTNERSHIP (SHIP) PROGRAM ADMINISTRATOR TO EXECUTE SHIP MORTGAGE SUBORDINATIONS WHEREAS, Monroe County provided Habitat for Humanity of the Upper Keys, Inc. four mortgage loans under the Monroe County State Housing Initiatives Partnership (SHIP) Programs, Homeownership Development strategy for the construction of four single family affordable homeowners hip units, and; WHEREAS, the Monroe County Board of County Commissioners has previously approved the assumption and assignment of said mortgages from Habitat for Humanity of the Upper Keys, Inc. to the eligible homebuyers , and; WHEREAS, Habitat for Humanity of the Upper Keys, Inc. intends to provide homebuyers a no cost mortgage loan which contain terms which provide for affordable resale and ensure long term affordability, and; WHEREAS, it is customary and had been intended that the Monroe County SHIP mortgages be second and/or junior to the mortgage of the primary lender, Habitat for Humanity of the Upper Keys, Inc., and; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, that the County hereby: Authorizes Monroe County's State Housing Initiatives Partnership (SHIP) Program Administrator to execute SHIP mortgage subordinations of four existing mortgages to Habitat for Humanity of the Upper Keys, Inc, for four properties located in the Winston Park subdivision, Key Largo, as attached hereto. PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the 15th day of October, A.D., 2003 BOARD OF COUNTY COMMISSIONERS OFMO~~}2~~~ 0 ~ By' 7 ,~ :z: . ::t. ::z: ...- O'?:Z:: ......, ".,~-< -< C')' r- on, 0 c:::ti:::o: :z: . C::l -l (") r'o -< -l :::: . . l. :ry Co i-> r. Mayor Spehar ~ Commissioner Nelson ~ Commissioner Neugent ~ Commissioner McCoy yes COmm~ice yes ,'./' ;~---j(~~~ . '!'r~if,:!r j. "t;~ C. &u)j~ if i' ..... . I ri'-~ ~\ ~;: (" ii'}/ ,~\.' . ..V;,'"/ ';ii\AAt:QYJd~' totJ.fi . and legal sufficiency: '.'::\;~^\ .~.:: gg:.;,_"-,-~~'::> MONROE COUNTY ATTORNEY ~:::::- ~,~.~,y PP V A RM' .'~~--\!-;-..---;-;;,"~:::'~/~ . -.')...'.="-",...cr. Mayor Spehar Date: -0 ::I: ca -11 -- r I'T1 o .." ~ ::0 rrl ':"J ,:;:) .;:;J .~ r, Page 1 of 1 AGREEMENT TO SUBORDINATE LOAN THIS AGREEMENT made this day of October, 2003 between MONROE COUNTY, herein referred to as "Lienholder," having its principal office at Monroe County Courthouse, 500 Whitehead Street, Key West, FL 33040, and HABITAT FOR HUMANITY OF THE UPPER KEYS, INC., herein referred to as "Lender", a Non-Profit Corporation organized under the laws of the State of Florida. THE PARTIES STIPULATE AND RECITE THAT: A. By reason of that Mortgage given by Lienholder to Habitat for Humanity of the Upper Keys, Inc., a Non-Profit Corporation, herein referred to as "Lender," in the amount of SIXTEEN THOUSAND NINE HUNDRED FIVE DOLLARS AND SIXTY TWO CENTS ($16,905.62), dated the 25th day of July 2003 and recorded the 25h day of July 2003 in Official Records Book 1912, Page 626 upon the property hereinafter described, Lot 5, Block 1, Winston Park Subdivision, according to the Plat thereof as recorded in Plat Book 4, Page 104 of the Public Records of Monroe County, Florida Which has the street address of 987 Valencia Road. Key Largo. Florida 33037 H. Owner desires to negotiate a loan from Lender, and Lienholder acknowledges that such loan is in his best interest. 1. Lender is willing to loan money to Owner if Lienholder will subordinate his present lien against the above-described property of Owner. FOR THE REASONS SET FORTH ABOVE AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES OF THE PARTIES HERETO, LIENHOLDER AND LENDER AGREE AS FOLLOWS: The lien of Lienholder against the above-described property of Owner shall be subordinate to the claim of Lender under the Mortgage Deed (security agreement) executed by Owner, dated the _ day of 200_ and recorded on the of 200_ in O.R. Book , Page , of the Public Records of Monroe County, Florida. Future loans made by Lender to Owner shall not be subordinate to the claims of Lienholder. Lienholder shall assign to Lender all sums presently due to Lienholder from Owner until the above-described loan of Lender is paid in full. Lienholder shall execute such additional assignments as Lender may require to give effect to this agreement. IN WITNESS WHEREOF, the parties have executed this agreement at Monroe County, State of Florida, the day and year first above written. WITNESSES MONROE COUNTY By: Witness Signature Printed Name: J. Manuel Castillo, Sr., SHIP Administrator Witness Signature Printed Name: STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day of , 20_ before me, an officer duly qualified to take acknowledgments, personally appeared , to me known to be the personls described in and who executed the foregoing instrument and acknowledged before me that he/they executed the same. SEAL NOTARY PUBLIC SIGNATURE Printed Name of Notary Commission No.: My Commission Expires: HABIT A T FOR HUMANITY OF THE UPPER KEYS, INC. Witness Signature Printed Name: By: Title: Witness Signature Printed Name: STA TE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day of 20_ before me, an officer duly qualified to take acknowledgments. personally appeared , to me known to be the personls described in and who executed the foregoing instrument and acknowledged before me that helthey executed the same. Drivers License shown as identification. SEAL NOTARY PUBLIC SIGNATURE Printed Name of Notary Commission No.: My Commission Expires: AGREEMENT TO SUBORDINATE LOAN THIS AGREEMENT made this day of October, 2003 between MONROE COUNTY, herein referred to as "Lienholder," having its principal office at Monroe County Courthouse, 500 Whitehead Street, Key West, FL 33040, and HABIT A T FOR HUMANITY OF THE UPPER KEYS, INC., herein referred to as "Lender", a Non-Profit Corporation organized under the laws of the State of Florida. THE PARTIES STIPULATE AND RECITE THAT: A. By reason of that Mortgage given by Lienholder to Habitat for Humanity of the Upper Keys, Inc., a Non-Profit Corporation, herein referred to as "Lender," in the amount of THIRTEEN THOUSAND EIGHT HUNDRED NINETY THREE DOLLARS AND FIFTY CENTS ($13,893.50), dated the 25th day of July 2003 and recorded the 25h day of July 2003 in Official Records Book 1912, Page 639 upon the property hereinafter described, Lot 20, Block 1, Winston Park Subdivision, according to the Plat thereof as recorded in Plat Book 4, Page 104 of the Public Records of Monroe County, Florida Which has the street address of 982 Gibraltar, Key Largo. Florida 33037 B. Owner desires to negotiate a loan from Lender, and Lienholder acknowledges that such loan is in his best interest. C. Lender is willing to loan money to Owner if Lienholder will subordinate his present lien against the above-described property of Owner, FOR THE REASONS SET FORTH ABOVE AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES OF THE PARTIES HERETO, LIENHOLDER AND LENDER AGREE AS FOLLOWS: The lien of Lienholder against the above-described property of Owner shall be subordinate to the claim of Lender under the Mortgage Deed (security agreement) executed by Owner, dated the _ day of 200_ and recorded on the of 200_ in O.R. Book , Page , of the Public Records of Monroe County, Florida. Future loans made by Lender to Owner shall not be subordinate to the claims of Lienholder. Lienholder shall assign to Lender all sums presently due to Lienholder from Owner until the above-described loan of Lender is paid in full. Lienholder shall execute such additional assignments as Lender may require to give effect to this agreement. IN WITNESS WHEREOF, the parties have executed this agreement at Monroe County, State of Florida, the day and year first above written. WITNESSES MONROE COUNTY By: Witness Signature Printed Name: J. Manuel Castillo, Sr., SHIP Administrator Witness Signature Printed Name: STA TE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day of , 20_ before me, an officer duly qualified to take acknowledgments, personally appeared , to me known to be the personls described in and who executed the foregoing instrument and acknowledged before me that he/they executed the same. SEAL NOTARY PUBLIC SIGNATURE Printed Name of Notary Commission No.: My Commission Expires: HABIT A T FOR HUMANITY OF THE UPPER KEYS, INC. Witness Signature Printed Name: By: Title: Witness Signature Printed Name: STA TE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day of 20_ before me, an officer duly qualified to take acknowledgments. personally appeared . to me known to be the personls described in and who executed the foregoing instrument and acknowledged before me that he/they executed the same. Drivers License shown as identification. SEAL NOTARY PUBLIC SIGNATURE Printed Name of Notary Commission No.: My Commission Expires: AGREEMENT TO SUBORDINATE LOAN THIS AGREEMENT made this day of October, 2003 between MONROE COUNTY, herein referred to as "Lienholder," having its principal office at Monroe County Courthouse, 500 Whitehead Street, Key West, FL 33040, and HABITAT FOR HUMANITY OF THE UPPER KEYS, INC., herein referred to as "Lender", a Non-Profit Corporation organized under the laws of the State of Florida. THE PARTIES STIPULATE AND RECITE THAT: A. By reason of that Mortgage given by Lienholder to Habitat for Humanity of the Upper Keys, Inc., a Non-Profit Corporation, herein referred to as "Lender," in the amount of SIXTEEN THOUSAND THREE HUNDRED EIGHT DOLLARS AND EIGHTY SEVEN CENTS ($16,308.87), dated the 25th day of July 2003 and recorded the 25h day of July 2003 in Official Records Book 1912, Page 633 upon the property hereinafter described, Lot 6 , Block 1, Winston Park Subdivision, according to the Plat thereof as recorded in Plat Book 4, Page 104 of the Public Records of Monroe County, Florida Which has the street address of 985 Valencia Road, Key Largo, Florida 33037 D. Owner desires to negotiate a loan from Lender, and Lienholder acknowledges that such loan is in his best interest. E. Lender is willing to loan money to Owner if Lienholder will subordinate his present lien against the above-described property of Owner. FOR THE REASONS SET FORTH ABOVE AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES OF THE PARTIES HERETO, LIENHOLDER AND LENDER AGREE AS FOLLOWS: The lien of Lienholder against the above-described property of Owner shall be subordinate to the claim of Lender under the Mortgage Deed (security agreement) executed by Owner, dated the _ day of 200_ and recorded on the of 200_ in O.R. Book , Page , of the Public Records of Monroe County, Florida, Future loans made by Lender to Owner shall not be subordinate to the claims of Lienholder. Lienholder shall assign to Lender all sums presently due to Lienholder from Owner until the above-described loan of Lender is paid in full. Lienholder shall execute such additional assignments as Lender may require to give effect to this agreement. IN WITNESS WHEREOF, the parties have executed this agreement at Monroe County, State of Florida, the day and year first above written. WITNESSES MONROE COUNTY By: Witness Signature Printed Name: J. Manuel Castillo, Sr., SHIP Administrator Witness Signature Printed Name: STA TE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day of, 20_ before me, an officer duly qualified to take acknowledgments, personally appeared , to me known to be the personls described in and who executed the foregoing instrument and acknowledged before me that he/they executed the same. SEAL NOTARY PUBLIC SIGNATURE Printed Name of Notary Commission No.: My Commission Expires: HABIT A T FOR HUMANITY OF THE UPPER KEYS, INC. Witness Signature Printed Name: By: Title: Witness Signature Printed Name: STA TE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day of 20_ before me, an officer duly qualified to take acknowledgments, personally appeared , to me known to be the personls described in and who executed the foregoing instrument and acknowledged before me that helthey executed the same. Drivers License shown as identification. SEAL NOT ARY PUBLIC SIGNATURE Printed Name of Notary Commission No.: My Commission Expires: AGREEMENT TO SUBORDINATE LOAN THIS AGREEMENT made this day of October, 2003 between MONROE COUNTY, herein referred to as "Lienholder," having its principal office at Monroe County Courthouse, 500 Whitehead Street, Key West, FL 33040, and HABITAT FOR HUMANITY OF THE UPPER KEYS, INC., herein referred to as "Lender", a Non-Profit Corporation organized under the laws of the State of Florida. THE PARTIES STIPULATE AND RECITE THAT: A. By reason of that Mortgage given by Lienholder to Habitat for Humanity of the Upper Keys, Inc., a Non-Profit Corporation, herein referred to as "Lender," in the amount of THIRTEEN THOUSAND SEVEN HUNDRED EIGHTY TWO DOLLARS AND TWENTY FIVE CENTS ($13,782.25), dated the 25th day of July 2003 and recorded the 25th day of July 2003 in Official Records Book 1912, Page 610 upon the property hereinafter described, Lot 22, Block 1, Winston Park Subdivision, according to the Plat thereof as recorded in Plat Book 4, Page 104 of the Public Records of Monroe County, Florida Which has the street address of 986 Gibraltar. Key Largo. Florida 33037 F. Owner desires to negotiate a loan from Lender, and Lienholder acknowledges that such loan is in his best interest. G. Lender is willing to loan money to Owner if Lienholder will subordinate his present lien against the above-described property of Owner. FOR THE REASONS SET FORTH ABOVE AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES OF THE PARTIES HERETO, LIENHOLDER AND LENDER AGREE AS FOLLOWS: The lien of Lienholder against the above-described property of Owner shall be subordinate to the claim of Lender under the Mortgage Deed (security agreement) executed by Owner, dated the _ day of 2003 and recorded on the of 2003 in O,R. Book , Page , of the Public Records of Monroe County, Florida. Future loans made by Lender to Owner shall not be subordinate to the claims of Lienholder. Lienholder shall assign to Lender all sums presently due to Lienholder from Owner until the above-described loan of Lender is paid in full. Lienholder shall execute such additional assignments as Lender may require to gi ve effect to this agreement. IN WITNESS WHEREOF, the parties have executed this agreement at Monroe County, State of Florida, the day and year first above written. WITNESSES MONROE COUNTY By: Witness Signature Printed Name: J, Manuel Castillo, Sr" SHIP Administrator Witness Signature Printed Name: STA TE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day of , 20_ before me, an officer duly qualified to take acknowledgments, personally appeared , to me known to be the person/s described in and who executed the foregoing instrument and acknowledged before me that he/they executed the same. SEAL NOTARY PUBLIC SIGNATURE Printed Name of Notary Commission No.: My Commission Expires: HABITAT FOR HUMANITY OF THE UPPER KEYS, INC. Witness Signature Printed Name: By: Title: Witness Signature Printed Name: STA TE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day of 20_ before me, an officer duly qualified to take acknowledgments. personally appeared . to me known to be the personls described in and who executed the foregoing instrument and acknowledged before me that helthey executed the same. Drivers License shown as identification. SEAL NOT ARY PUBLIC SIGNATURE Printed Name of Notary Commission No.: My Commission Expires: