Item C20 C20
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
February 21, 2024
Agenda Item Number: C20
2023-2127
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
AGENDA ITEM WORDING: Approval of a Resolution and Release of a State Housing Initiatives
Partnership (SHIP)Program Mortgage Lien executed by Yoel Diez, to write-off a SHIP Second
Mortgage in the amount of$45,000.00 due to foreclosure.
ITEM BACKGROUND:
Approval of a Resolution and Release of a State Housing Initiatives Partnership (SHIP)Program
Mortgage Lien executed by Yoel Diez, to write-off a SHIP Second Mortgage in the amount of
$45,000.00 due to foreclosure. The SHIP Mortgage was unable to be satisfied as the proceeds from the
sale were insufficient to allow for a recovery.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Recommend Approval
DOCUMENTATION:
DIEZ CERTIFICATE OF SALE.pdf
DIPZ FINAL JUDGEMENT LIS PENDEN .pdf
DIPZ RECD SHIP MORTG.pdf
DIPZ CERTIFICATE OF TITLE.pdf
DIPZ AMENDED NOTICE OF LIS PENDEN .pdf
DIEZ_YOEL FO CLOSURE_RE OLUTION FINAL.pdf
Diez Release with Exhibit A.pdf
1440
FINANCIAL IMPACT:
N/A
1441
Doc# 1863517 12/22/2011 3:07PM IN THE CIRCUIT COURT OF THE
Filed & Recorded in Official Records of SIXTEENTH JUDICIAL CIRCUIT IN AND
MONROE COUNTY DANNY L. KOLHAGE FOR MONROE COUNTY, FLORIDA
CASE NO.: 2008-CA-2052-K
FIRST STATE BANK OF THE FLORIDA
KEYS, a Florida Corporation,
Plaintiff, Doc# 1863517
Bk# 2547 Pg# 1822 x
V. n r arn
YOEL DIEZ, an individual; COUNTY OF oc7r- N o
MONROE, an independent agency of the State
s
of Florida; STAR FISH CAY CONDOMINIUM :<-�� mn
a
ASSOCIATION, INC., a Florida corporation; n F1
B&W ENTERPRISES OF KEY WEST, INC., a —.
Florida corporation; JOHN DOE, tenant in
possession; JANE DOE, tenant in possession;
Defendants.
CERTIFICATE OF SALE
THE UNDERSIGNED CLERK of the Court certifies that the Notice of Public Sale of the
property described in the Uniform Final Judgment of Foreclosure (the "Final Judgment"), was
published in Key West Citizen, a newspaper circulated in Monroe County, Florida, in the manner
shown by the Proof of Publication attached, and on ulf C&Eh 20 , 20_�J, the
property was offered for public sale to the highest and best bidder for cash, and that no
objections to the sale have been filed within the time allowed by statutory law. The highest and
best bid received for the property was submitted by:
EEL- mbqU
to whom the property was sold.
1
1442
First State Bank v. Diez
Case No.:2008 CA 2052 K
WITNESS my hand and seal of this Court on hum4k� r�,1 20�_.
By.
Deputy Clerk
Copy provided to: :,
Gary M. Freedman 'tee
Tabas, Freedman, Soloff, Miller& Brown, P.A.
14 N.E. 1st Avenue, Penthouse
Miami, FL 33132
Doc# 1863517
SO 2547 Pg# 1823
2
1443
Doc# 1863517
DO 2547 Pg# 1824
[EY WUT
STATE OF FLORIDA i (�
..,...,�...,.,...,.....,...�,.�. COUNTY OF MONROE
Cooke Communications,LLC
Florida Keys
Before the undersigned authority personally appeared Randy G. Erickson,
PO Box 1800 who on oath says that he is Vice-President of Operations of the Key West
Key West FI 33041
Office....305-292-7777 Citizen, a daily newspaper published in Key West, in Monroe County,
Extension........x219 Florida; that the attached copy of advertisement, being a legal notice in the
Fax.......305-295-8025 matter of
IeaalsAkevsnews.com
INTERNET PUBLISHINGt—
keywest.com �
keysnews.com O`]DO 9 A —C;415a
floridakeys.com _? _T1
key-west.com - N O
Web Design Services was published in said newspaper in the issue(s) of71
_ =�
NEWSPAPERS �L 3
The Citizen —he-ce—Mbe
L �
Southernmost Flyer -� rn
Solares Hill Affiant further says that the Key West Citizen is a newspaper publisTed in
Big Pine Free Press Key West in said Monroe County, Florida and that the said newspaper has
Marathon Free Press Y � tY�
Islamorada Free Press heretofore been continuously published in said Monroe County, Florida every
Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key
MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding
Commercial Printing the first publication of the attached co of advertisement; and affiant further
Citizen Locals Card copy
Direct Mail says that he has neither paid nor promised any person, firm or corporation any
FLORIDA KEYS OFFICES discount, rebate, commission or refund for the purpose of securing this
Printing I Main Facility advertisement for publication in the said newspaper.
3420 Northside Drive
Key West,FL
33040-1800 0 Z//;�7
Tel 305-292-7777
Fax 305-294-0768
citizen(d,kevwest.com Signature Of Affiant
Internet Division
33040-3328
Tel 305-292-1880 Sworn and subscribed before me this �day of 1p.m.6ey— , 2011
Fax 305-294-1699
sales@keywest.com
0.1 Middle Keys Office :o�� °`a�'•; CHRISTINE JONES
y Notary Public: ;_ �•
Marathon, FL (M 52.5) :� �o�,, orida
My Com6363 Overseas Hwy
Notary m Expiresblic- Dec 28ate of '2014
33050-3342 •��;, �t;F�� Commission #EE 51986
Tel 305-743-8766
Fax 305-743-9977
marathon(ZDkevsnews.com
Upper Keys Office
91731 Overseas Hwy Expires: J� �'/� Notary Seal
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepress@floridakeys.com
Personally Known x Produced Identification
Type of Identification Produced
1444
DOC# 1863517
80 2547 Pg# 1825
line THE CIlilClllT CQiHIT E»THE foNowirig described real property tfmm bear S Os•56'32"w fer
SIXTEENTH JUDICIAL CIFICUIT situated in Monroe County, distance of 26.67 fist beck to
IN AND FOR MONROE COUNTY Florida,to wit: the Point of Beginning.
FLORIDA
Unit 2,STAR FISH CAY,a commonly known as 96 John
CASE NO.:2008-CA-2052-K Condominium,according to the Street,Summerland Key,
Declaration of Condominium Flordis 33042
FIRST STATE BANK OF THE thereof,recorded in Official
FLORIDA KEYS,a Florida Records Book 2232,Page 874, DATED this 18th day of
Corporation as Amended by instrument filed November,2011
Plaintiff, Dec.15,2006,recorded in
Official Records Book 2259, Clerk of the Circuit Court
V. Page 514,all of the Public Monroe County,Florida
Records of Monroe County, By:Shonta McLeod
YOEL DIEZ,an individual; Florida,together with an Deputy Clerk
COUNTY OF MONROE,an undivided share in the
independent agency of the State common elements appurtenant Florida Statute 45.031: Any
of Florida;STAR FISH-CAY thereto,and subject to the person claiming an interest in the
CONDOMINIUM ASSOCIATION, covenants,conditions, surplus from the sale,if any,other
INC.,a Floirda corporation;B&W restritions and other provisions than the property owner as of the
ENTERPRISES OF KEY WEST, of the Declaration of date of the Lis Pendens must file a
INC.,a Florida corporation;JOHN Condominium and all claim \within 60 days after Me
DOE,tenant in possession;JANE amendments thereto. sale.
DOE,tenant in possession;
Defendants. Unit 2 futher desribed by miss "Deoember 09&16,2011
and bounds as follows:A
NOTICE OF SALE Portion of Lot 60,SummsrWrd
Yacht harbor Subdivision,
Notice is hereby given that according to the Plat themail as
pursuant to the Uniform Final recorded in Plat Book 2,Pqp
,lodgment _of Foreclosure dated 142 of the Public Records of
November 16, 2011 and entered. Monroe County,Florida,being
i n more particularly described by
Case No.:2008-CA-2052-K,of the metes and bounds as follows:
Circuit Court of the 1'6th Judicial Commence at the Southeast
Circuit in and for Monroe County, corner of the said Lot 60 and
Florida, wherein FIRST STATE bear N 85*41'00"W for a
BANK OF THE FLORIDA KEYS is distance of 240.46 feet to a
the Plaintiff and YOEL DIEZ, point;thence bear N 04"2$'42"E
HILDA DIEZ,COUNTY OF for a distance of 122.71 feet to a
MONROE,STAR FISH CAY point;thence bear S 86°04'.06"E
CONDOMINIUM ASSOCIATION, for a distance of 23.51 feet to
INC., and CHRISTINA CISCO the Point.of Beginning of the
f/k/a JANE .DOE, TENANT 1N herein described Unit 2;thence
POSSESSION,are the continue S 86OOr08"E for a
Defendants,I will sell to the distance of 40.00 feet to a point;
highest bidder#or cash at Clerk of thence bear N 03°55'52"E for
Court,500 WHitehead Street,Key distance of 26.67 fest•to a pek+t;
West,Florida 33041)at 11:00 a.m. thence bear N 86°04'08"W for a
on December 21,2011 the distance of 40.00 feet to a point;
OFFICIAL RECORDS
OFFICIAL
1445
Doc# 1859020 11/18/2011 3:32PM
Filed & Recorded in official Records of IN THE CIRCUIT COURT OF THE
MONROE COUNTY DANNY L. KOLHAGE SIXTEENTH JUDICIAL CIRCUIT IN AND
Doc# 1859020 FOR MONROE COUNTY, FLORIDA
Bk# 2542 Pg# 2160 CASE NO.: 2008-CA-2052-K
FIRST STATE BANK OF THE FLORIDA
KEYS, a Florida Corporation,
Plaintiff,
V.
IV
YOEL DIEZ, an individual; COUNTY OF 3 �
MONROE, an independent agency of the State m
of Florida; STAR FISH CAY CONDOMINIUM
ASSOCIATION, INC., a Florida corporation; CD
B&W ENTERPRISES OF KEY WEST, INC., a
Florida corporation; JOHN DOE, tenant in = ='
possession; JANE DOE, tenant in possession; _ - �-
Defendants. '
UNIFORM FINAL JUDGMENT OF FORECLOSURE
This form substantially complies with Form 1.996, adopted by
the Florida Supreme Court December 9, 2010, SC09-1579.
THIS action was tried before the Court. On the evidence presented
IT IS ORDERED AND ADJUDGED that:
1. Plaintiff, FIRST STATE BANK OF THE FLORIDA KEYS, 1201 Simonton
Street, Key West, Florida 33040, is due:
Description Amount
Principal $211,109.45
Interest from 4/8/2010 to 11/9/2011 $12,100.67
(per diem of$20.524529
Late Fees $2,401.70
Deferred Interest $4,237.35
Filing Fee $411.75
Service of Process $265.00
1446
First State Bank v. Diez, et al.
Case No.: 2008 CA 2052 K
Attorneys' Fees
Findings as to reasonable number of hours: 59.9
Findings as to reasonable hourly rate: $234.96
Attorneys' fee total $14,074.10
Court costs, now taxed
Copies $213.75
Postage $6.06
Overnight Delivery $122.15
Recording Fees $17.25
Other:
Telephone Charges $120.00
Computerized Research $74.45
Asset Search $325.00
SUBTOTAL $245,478.68
LESS: Escrow balance:
LESS: Other
TOTAL $245,478.68
that shall bear interest at the rate of 4.75% per year from November 9, 2011, to be adjusted
annually in accordance with Florida Statute § 55.03 (2011).
2. Plaintiff holds a lien for the total sum superior to all claims or estates of
defendant(s), on the following described property in Monroe County Florida:
Unit 2, STAR FISH CAY, a Condominium, according to the Declaration of
Condominium thereof, recorded in Official Records Book 2232, Page 874,
as Amended by instrument filed Dec. 15, 2006, recorded in Official
Records Book 2259, Page 514, all of the Public Records of Monroe
County, Florida, together with an undivided share in the common elements
appurtenant thereto, and subject to the covenants, conditions, restrictions
SPACE BELOW FOR CLERK'S USE ONLY Page 2 of 5
Doc# 1859020
Bk# 2542 Pg# 2151
1447
First State Bank v. Diez, et al.
Case No.: 2008 CA 2052 K
and other provisions of the Declaration of Condominium and all
amendments thereto.
Unit 2 further described by metes and bounds as follows: A portion of Lot
60, Summerland Yacht Harbor Subdivision, according to the Plat thereof
as recorded in Plat Book 2, Page 142 of the Public Records of Monroe
County, Florida, being more particularly described by metes and bounds
as follows: Commence at the Southeast corner of the said Lot 60 and bear
N 85041 '00"W for a distance of 240.46 feet to a point; thence bear N
04028'42" E for a distance of 122.71 feet to a point; thence bear S
86°04'08" E for a distance of 23.51 feet to the Point of Beginning of the
herein described Unit 2; thence continue S 86004'08" E for a distance of
40.00 feet to a point; thence bear N 03°55'52" E for a distance of 26.67
feet to a point; thence bear N 86°04'08" W for a distance of 40.00 feet to a
point; thence bear S 03055'52" W for a distance of 26.67 feet back to the
Point of Beginning.
commonly known as 96 John Street, Summerland Key, Florida 33042.
3. If the total sum with interest at the rate described in paragraph 1 and all costs
accrued subsequent to this judgment are not paid, the clerk of this court shall sell the
property at public sale as set forth below to the highest bidder for cash, except as
prescribed in paragraph 4, in accordance with section 45.031, Florida Statutes, using the
following method:
Sales Information Date Clerk Inserts Time Location
Clerk of Court
Monroe County (� O�d�l • 00a ik 500 Whitehead Street
Key West, FL 33040
4. Plaintiff shall advance all subsequent costs of this action and shall be
reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale,
provided, however, that the purchaser of the property for sale shall be responsible for the
documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the clerk
shall credit plaintiffs bid with the total sum with interest and costs accruing subsequent to
this judgment, or such part of it, as is necessary to pay the bid in full.
5. On filing the certificate of title the clerk shall distribute the proceeds of the
sale, so far as they are sufficient, by paying: first, all of plaintiffs costs; second,
documentary stamps affixed to the certificate; third, plaintiffs attorneys' fees; fourth, the
total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in
paragraph 1 from this date to the date of the sale; and by retaining any remaining amount
pending the further order of this court.
SPACE BELOW FOR CLERK'S USE ONLY Page 3 of 5
Doc# 1859020
8k# 2542 Pg# 2152
1448
First State Bank v. Diez, et ai.
Case No.: 2008 CA 2052 K
6. On filing the certificate of sale, defendant(s) and all persons claiming under or
against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all
estate or claim in the property, except as to claims or rights under chapter 718 or chapter
720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on
the certificate of title shall be let into possession of the property.
7. Jurisdiction of this action is retained to enter further orders that are proper
including, without limitation, a deficiency judgment.
8. Additions. Modifications or Changes to Standard Form
Any additions, modifications or changes to the provisions above may only be set
forth in this paragraph.
a. No further order of Court is required to issue certificate of title in the event
an assignment of bid is filed.
If this property is sold at public auction, there may be additional money from the sale
after payment of persons who are entitled to be paid from the sale proceeds pursuant
to this Final Judgment.
If you are a subordinate lienholder claiming a right to funds remaining after the sale,
you must file a claim with the Clerk no later than sixty (60) days after the sale. If you
fail to file a claim, you will not be entitled to any remaining funds.
ND RDERED in Chambers in Monroe County, Florida, this day of
L492011.
HONORABLE DAVID J. AUDLIN
Chief Judge, Circuit Court of Monroe County
Copies furnished to: Doc# 1859020
Bk# 2542 Pg# 2163
Gary M. Freedman
Tabas, Freedman, Soloff, Miller& Brown, P.A.
14 NE 1s'Avenue, Penthouse
Miami, Florida 33132
Counsel for First State Bank of the Florida Keys
SPACE BELOW FOR CLERK'S USE ONLY Page 4 of 5
1449
First State Bank v. Diez, et al.
Case No.:2008 CA 2052 K
Christine Limbert-Barrows
Monroe County Attorneys' Office
1111 12 Street, Suite 408
Key West, Florida 33040 Doc# 1859@20
Counsel for County of Monroe Bk# 2542 Pg# 2164
Franklin D. Greenman
Greenman & Manz
5800 Overseas Highway, Suite 40
Marathon, Florida 33050
Counsel for Star Fish Cay Condominium Association
Yoel Diez
96 John Street
Summerland Key, Florida 33042
Christina Cisco, tenant in possession
96 John Street
Summerland Key, Florida 33042
Hilda Diez
340 S. Kennel Street
Clewiston, Florida 33440
SPACE BELOW FOR CLERK'S USE ONLY Page 5 of 5
MONROE COUNTY
OFFICIAL RECORDS
1450
THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF
DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUE 420.513
THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE
UPON MATURITY IS $45,000.00,TOGETHER WITH ACCRUED INTEREST,IF
ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGE UNDER THE
TERMS OF THIS SECOND MORTGAGE.
SECOND MORTGAGE
(Due on Sale, Refinancing or Rental)
DocN 2520251 12/29/2006 2:53PM
COUNTY OF MONROE Filed & Recorded in Official Records of
SHIP LOAN PROGRAM MONROE COUNTY DANNY L. KOLHAGE
This second mortgage is made this DECEMBER 2006, between the Mortgagor, N
YOEL DIEZ a single man (herein the "Borrower,") and the Mortgagee, the COUNTY OF n to
MONROE, an agency and instrumentality of the State of Florida, whose address is Monroe nm
County Courthouse, 500 Whitehead Street, Key West, Florida 33040 (herein the "Lender.") CD
yN
WHEREAS, the Borrower has applied to FIRST STATE BANK ("Participant") for a loanmw
for the purchase of the Property (as defined herein,) which Mortgage Loan shall be secured 3
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 DOLLARS AND NO 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
m
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 m v
by the Borrower's Promissory Note dated DECEMBER , 2006 and extensions and a a
renewals thereof (herein "Note,") providing for payment of principal indebtedness if not N 0-
sooner paid, due and payable on DECEMBER , 2036. N
N
-0 01
TO SECURE to the Lender the repayment of the indebtedness evidenced by the Note: the n "
payment of all other sums, advanced in accordance herewith to protect the security of this
Mortgage: and the performance of the covenants and agreements of the Borrower herein 40
contained the Borrower does hereby mortgage, grant and convey to Lender the following
described property located in the County of Monroe, State of Florida:
LOT 60, SUMMERLAND YACHT HARBOR SUBDIVISION, FIKIA GO LOT 9, SECTION
26, TWN 66S, RNG 28 FAST, PLAT BOOK 2-142
a4 L L-Oi n 1- "A "
Which has the address of 96 John Street Summerland Key Florida 33042
(Street) (City) (State) (Zip Code)
(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."
This instrument was prepared by:
Special Programs Office
1400 Kennedy Drive
Key West, FL 33040
� . l
Page 1 1451
Do-n 1620251
Bk# 2262 Pgp 1750
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; Charges; 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
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
priority over this Mortgage, and leasehold payments or ground rents, if any.
3. Hazard Insurance. The Borrower shall keep the improvements now existing or
hereafter erected on the Property insured against loss by fire, hazards included within the
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.
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
Lender. The Lender shall have the right to hold the policies and renewals thereof, subject
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.
In the event of loss, the Borrower shall give prompt notice to the insurance carrier and to
the Lender. The Lender may make proof of loss if not made promptly by the Borrower.
If the Property is abandoned by the Borrower, or if the Borrower fails to respond to the
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
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.
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.
Page 2 1452
DocU 2620251
Sku 2262 Pgtt 1751
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 Not Released; 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
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
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
Note: (a) is co-signing this Mortgage only to mortgage. Grant and convey that
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
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
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
manner: (a) any notice of the Borrower 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 l 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.
n
Page 3 1453
11. Governing Law; Severability; 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 Copy. 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 Agreement. 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
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.
14. Transfer of the Property. 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
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
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; (e) the
properties long term affordability criteria are recorded, enforced and for a period of not
less than the term 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
hereof within which the Borrower must pay all sums secured by this Mortgage. If
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.
15. Acceleration: Remedies. Except as provided in Paragraph 14 hereof, upon the
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
attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports.
1
DOCK 1620251
Bkp 2262 Pga 1752
Page 4 (- 1454
16. Borrower's Right to 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; Appointment of Receiver. 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
shall be entitled to have a receiver appointed by a court to enter upon, take possession of
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. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this
Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any.
19. Attorneys' Fees. As used in this Mortgage and in the Note, "attorneys' fees" shall
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.
20. Special SHIP 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
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. Principal Payment. 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.
IN WITNESS WHEREOF, the Borrower has executed this Mortgage.
Da=u 1620251
Bka 2262 Pga 1753
Page 5 1455
Doc# 1620251
Sk# 2262 Py# 1754
NOTICE TO BORROWER
DO NOT SIGN THIS MORTGAGE IF IT CONTAINS BLANK SPACES.
ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN.
THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE
UPON MATURITY IS $45,000.00, TOGETHER WITH ACCRUED INTEREST, IF
ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER
THE TERMS OF THIS SECOND MORTGAGE.
Si e , sealed, and delivered in the presence of-
n
rtness Signature Borrower
Printed Name: E-RIGA I. GG RICK Ri.rA.IGUEZ
�1.
Address:
Witness Signatl9firistina E. Parker
Name:
Witness Signature Borrower
Printed Name:
Address:
Witness Signature
Name:
STATE OF FLORIDA
COUNTY OF MONROE
The gfgregoin was acknowledged before me this_ day of
2006 by �{ 0�ks U- , who is personally
known to me or who has produced a valid driver license as identification and who did not take an
oath.
o ignature
SEAL
Printed Name: ERICA 1. GARRICK-RODRIGUEZ
Commission Number:
My Commission Expires:
THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO
PAYMENT OF DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA
STATUTE 420.513
Page 6 1456
Doca 1620251
BkO 2262 Pgp 1755
EXHIBIT
Unit 2, STAR FISH CAY, a Condominium, according to the Declaration of Condominium thereof, recorded in
Official Records Book 2232, Page 874, as Amended by instrument filed Dec. 15, 2006, recorded in Official
Records Book 2259, Page 514, all of the Public Records of Monroe County, Florida, together with an undivided
share in the common elements appurtenant thereto, and subject to the covenants, conditions, restrictions and
other provisions of the Declaration of Condominium and all amendments thereto.
Unit 2 further described by metes and bounds as follows: A portion of Lot 60, Summerland Yacht Harbor
Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page 142 of the Public Records of Monroe
County, Florida, being more particularly described by metes and bounds as follows: Commence at the
Southeast corner of the said Lot 60 and bear N 85°41'00" W for a distance of 240.46 feet to a point; thence bear
N 04°28'42" E for a distance of 122.71 feet to a point; thence bear S 86°04'08" E for a distance of 23.51 feet to
the Point of Beginning of the herein described Unit 2; thence continue S 86°04'08" E for a distance of 40.00 feet
to a point; thence bear N 03°55'52" E for a distance of 26.67 feet to a point; thence bear N 86°04'08"W for a
distance of 40.00 feet to a point; thence bear S 03°55'52" W for a distance of 26.67 feet back to the Point of
Beginning.
MONROE COUNTY
OFFICIAL RECORDS
1457
Doc# 1864989 01/04/2012 2;53PM IN THE CIRCUIT COURT OF THE
MCNYe Official
ORords of SIXTEENTH JUDICIAL CIRCUIT ANDONROE OUT DANNL. KLHGE FOR MONROE COUNTY, FLORIDA
CASE NO.: 2008-CA-2052-K
FIRST STATE BANK OF THE FLORIDA
KEYS, a Florida Corporation,
Plaintiff,
01/04/2012 2:53PM ;
DEED DOC STAMP CL: DS $0.70 "I
V. T` tea F=
"Cob r�
YOEL DIEZ, an individual; COUNTY OFc��- w
o
MONROE, an independent agency of the State `��
of Florida; STAR FISH CAY CONDOMINIUM
ASSOCIATION, INC., a Florida corporation; L; Q? C3
B&W ENTERPRISES OF KEY WEST, INC., a ?> Fri17
Ln
Florida corporation; JOHN DOE, tenant in
possession; JANE DOE, tenant in possession;
Defendants. Doc# 1864989
i Bk# 2549 P9# 1261
CERTIFICATE OF TITLE
THE UNDERSIGNED CLERK hereby certifies that a Certificate of Sale has been
executed and filed in this action on"��Q, a1 , 20_1�__, for the property described
herein and that no objections to the sale have been filed within the time allowed for filing
objections.
The following described real property in Monroe County, Florida:
Unit 2, STAR FISH CAY, a Condominium, according to the Declaration of
Condominium thereof, recorded in Official Records Book 2232, Page 874, as
Amended by instrument filed Dec. 15, 2006, recorded in Official Records
Book 2259, Page 514, all of the Public Records of Monroe County, Florida,
together with an undivided share in the common elements appurtenant
thereto, and subject to the covenants, conditions, restrictions and other
provisions of the Declaration of Condominium and all amendments thereto.
Unit 2 further described by metes and bounds as follows: A portion of Lot 60,
Summerland Yacht Harbor Subdivision, according to the Plat thereof as
recorded in Plat Book 2, Page 142 of the Public Records of Monroe County,
Florida, being more particularly described by metes and bounds as follows:
Commence at the Southeast corner of the said Lot 60 and bear N 85°41
1
1458
Doc# 1864989
Bk# 2549 Pg# 1262 First State Bank v. Diez
Case No.: 2008 CA 2052 K
'00"W for a distance of 240.46 feet to a point; thence bear N 04028'42" E for a
distance of 122.71 feet to a point; thence bear S 86-04'08" E for a distance of
23.51 feet to the Point of Beginning of the herein described Unit 2; thence
continue S 86°04'08" E for a distance of 40.00 feet to a point; thence bear N
03055'52" E for a distance of 26.67 feet to a point; thence bear N 86°04'08"W
for a distance of 40.00 feet to a point; thence bear S 03055'52" W for a
distance of 26.67 feet back to the Point of Beginning.
commonly known as 96 John Street, Summerland Key, Florida 33042
was sold to:
ILA isw mua�m
F L
WITNESS my hand and the seal of the court on Za")a y 'I)
—r4: CeUNtp 11
By: r
Deputy Clerk s
Copy provided to:
DANNY L. KOLNA '�0 '`�t.
E°4-'
Gary M. Freedman CLERK CIRCC!!?' ^m) T � � CCUtf1`��
Tabas, Freedman, Soloff, Miller& Brown, P.A. t
14 N.E. 1st Avenue, Penthouse
Miami, FL 33132
MONROE COUNTY
OFFICIAL RECORDS
2
1459
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CASE NO.: 2008 CA 2052 K
FIRST STATE BANK OF THE Docp 1842229 06/27/2011 1:45PM
FLORIDA KEYS, a Florida Filed & Recorded in Official Records of
Corporation, MONROE COUNTY DANNY L. KOLHAGE
Plaintiff,
V. / _•
YOEL DIEZ, an individual; COUNTY
OF MONROE,an independent agency - ►u
of the State of Florida; STAR FISH
CAY CONDOMINIUM ASSOCIATION -
INC., a Florida corporation; B&W ,
ENTERPRISES OF KEY WEST, INC.,
a Florida corporation; JOHN DOE,
Tenant in Possession and JANE DOE,
Tenant in Possession
Docp 1841229
Defendants. Bka 2323 P9# 652
AMENDED NOTICE OF LIS PENDENS
TO: YOEL DIEZ, an individual; COUNTY OF MONROE, an independent
agency of the State of Florida; STAR FISH CAY CONDOMINIUM
ASSOCIATION, INC., a Florida corporation; B&W Enterprises of Key
West, Inc., a Florida corporation; JOHN DOE, Tenant in Possession;
JANE DOE n/k/a CHRISTINA CISCO,tenant in possession; HILDA DIEZ,
an individual, and all others whom it may concern:
YOU ARE NOTIFIED of the institution of this action by Plaintiff, First State Bank of
the Florida Keys, against you seeking to foreclose a mortgage on the following described
real property located in Monroe County, Florida:
Unit 2, STAR FISH CAY, a Condominium, according to the
Declaration of Condominium thereof, recorded in Official
Records Book 2232, Page 874, as Amended by instrument
filed Dec. 15, 2006, recorded in Official Records 2259, Page
514, all of the Public Records of Monroe County, Florida,
together with an undivided share in the common elements
appurtenant thereto, and subject to the covenants, conditions,
1460
CASE NO.: 2008 CA 2052 K
restrictions and other provisions of the Declaration of
Condominium and all amendments thereto.
Unit 2 further described by metes and bounds as follows: A
portion of Lot 60, Summerland Yacht Harbor Subdivision,
according to the Plat thereof as recorded in Plat Book 2, Page
142 of the Public Records of Monroe County, Florida, being
more particularly described by metes and bounds as follows:
Commence at the Southeast corner of the said Lot 60 and bear
N 85o41'00" W for a distance of 240.46 feet to a point; thence
bear N. 04o28'42" E for a distance of 122.71 feet to a point;
thence bear S 86o04'08" E for a distance of 23.51 feet to the
Point of Beginning of the herein described Unit 2; thence
continue S 86o04'08" E for a distance of 40.00 feet to a point;
thence bear N 03o55'52" E for a distance of 26.67 feet to a
point; thence bear N 86o04'08" W foe a distance of 40 feet to
a point; thence bear S 03o55'52"W for a distance of 26.67 feet
back to the Point of Beginning.
a/k/a 96 John Street, Summerland Key, Florida 33042
Dated this 21 st day of June, 2011.
2
DoeN 1841229 M. Freedman
Blot 2523 PqN 653 Fla. Bar No. 727260
Melanie L. Campbell
Fla. Bar No. 52635
Tabas, Freedman, Soloff, Miller & Brown, P.A.
Attorneys for Plaintiff
One Flagler Building
14 Northeast First Avenue, Penthouse
Miami, Florida 33132
Telephone: (305) 375-8171
Facsimile: (305) 381-7708
GaryCob-tabasfreed man.com
MelanieCWtabasfreed man.com
MONROE COUNTY
OFFICIAL RECORDS
2
1461
RESOLUTION NO. -2024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA APPROVING THE WRITE-OFF
OF A$45,000.00 SHIP SECOND MORTGAGE
WHEREAS,the Monroe County SHIP Program executed a SHIP Second Mortgage between the
County and Yoel Diez in the amount of$45,000.00 on December 20, 2006, recorded on December 29,
2006, as Document#1620251, Book 2262, Page 1749 of the public records of Monroe County, Florida,
secured by the property located at 96 John Street, Summerland Key, Florida 33042, Lot 60, Summerland
Yach Harbor Subdivision F/K/A Gov Lot 9 Section 66S RNG 28 East Plat Book 2-142; and
WHEREAS,the First Mortgagee (FIRST STATE BANK OF THE FLORIDA KEYS, A FLORIDA
CORPORATION)filed a foreclosure action as well as an Amended Notice of Lis Pendens on June 21, 2011,
Document#1841229, Book 2523, Page 652; and
WHEREAS, a Final Judgement of Foreclosure was Ordered on November 16, 2011, sale by
auction was set for December 21, 2011, and the property was sold to the highest bidder on December
21, 2011; and
WHEREAS, the SHIP Mortgage was unable to be satisfied as the proceeds from the sale were
insufficient to allow for a recovery; and
WHEREAS,the First Mortgagee took title to the property on December 21, 2011, Document
#1863517, Book 2547, Page 1823; and
NOWTHEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County,
Florida that the County hereby:
Authorizes the write-off of a SHIP Second Mortgage Loan in the amount of$45,000.00 formerly
secured by the property located at 96 John Street, Summerland Key, Florida 33042.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular
meeting of said Board on the day of 2024.
Mayor Holly Merrill Raschein
Commissioner James K. Scholl
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner David Rice
KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
As Deputy Clerk Mayor Holly Merrill Raschein
MONROE COUNTY ATTORNEY'S OFFICE
Approved for form and legal sufficiency
(� � n �_.
Christina Cory,Assistant Cour y Attorney
1462
PREPARED BY/RETURN TO:
Monroe County SHIP Program
1100 Simonton St., Suite 1-196
Key West, FL 33040
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
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 DECEMBER 20,2006 by YOEL DIEZ,to Monroe County,Florida and recorded on DECEMBER
29,2006, in Official Records Book 2262,Page 1749,as Document#1620251 in the office of the Clerk of the Circuit
Court of Monroe County, State of Florida, securing certain Note in the principal sung of FORTY-FIVE THOUSAND
DOLLARS AND NO CENTS(S45,000.00), upon the property situate in said State and County described as follow,
to-wit:
LOT 60 SUMMERLAND YACHHARBOR SUBDIVISIONFIK/A GOV LOT 9 SECTION 66S
RNG 28 EAST, PLAT BOOK 2-142(SEE EXHIBIT A ATTACHED)
Which has the address of.- 96 JOHN 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
In Witness Whereof, Monroe County has caused this document to be executed as of this day of
2024.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Holly Merrill Raschein,Mayor
STATE OF FLORIDA
COUNTY OF MONROE
Subscribed and sworn to(or affirmed)before me,by means of❑ physical presence or❑online notarization,on this day
of 2024 by Holly Merrill Raschein,Mayor,known to me to be the person(s)described herein and who executed
the foregoing instrument,who acknowledged before me that he/she executed the same,and who did not take an oath. Check
one:_said person(s)is/are personally known to me. _said person(s)provided the following type of identification.
Witness my hand and official seal in the County and State
Last aforesaid this day of ,2024.
Notary Signature:
Monroe County Attorney's Office Printed Name
Approved as to form and legal sufficiency
Commission No:
Christina Cory,Assistant Count Attorney
Commission Expires:
1463
Doca 1620251
BkO 2262 Pgp 1755
EXHIBIT
Unit 2, STAR FISH CAY, a Condominium, according to the Declaration of Condominium thereof, recorded in
Official Records Book 2232, Page 874, as Amended by instrument filed Dec. 15, 2006, recorded in Official
Records Book 2259, Page 514, all of the Public Records of Monroe County, Florida, together with an undivided
share in the common elements appurtenant thereto, and subject to the covenants, conditions, restrictions and
other provisions of the Declaration of Condominium and all amendments thereto.
Unit 2 further described by metes and bounds as follows: A portion of Lot 60, Summerland Yacht Harbor
Subdivision, according to the Plat thereof as recorded in Plat Book 2, Page 142 of the Public Records of Monroe
County, Florida, being more particularly described by metes and bounds as follows: Commence at the
Southeast corner of the said Lot 60 and bear N 85°41'00" W for a distance of 240.46 feet to a point; thence bear
N 04°28'42" E for a distance of 122.71 feet to a point; thence bear S 86°04'08" E for a distance of 23.51 feet to
the Point of Beginning of the herein described Unit 2; thence continue S 86°04'08" E for a distance of 40.00 feet
to a point; thence bear N 03°55'52" E for a distance of 26.67 feet to a point; thence bear N 86°04'08"W for a
distance of 40.00 feet to a point; thence bear S 03°55'52" W for a distance of 26.67 feet back to the Point of
Beginning.
MONROE COUNTY
OFFICIAL RECORDS
1464