Item C23 C23
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: C23
2023-2124
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
AGENDA ITEM WORDING: Approval of a Resolution and Release of State Housing Initiatives
Partnership (SHIP)Program Mortgage Lien executed by Patrick and Yupha Kuhn, 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 State Housing Initiatives Partnership (SHIP)Program
Mortgage Lien executed by Patrick and Yupha Kuhn, 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:
N/A
STAFF RECOMMENDATION: Recommend Approval
DOCUMENTATION:
KU N LIS PENDENS #2 2017.pdf
KU N CERTIFICATE OF SALE.pdf
KU N CONSENT FINAL JUDGMENT OF FORPCLOSU .pdf
KU N CERTIFICATE OF TITLP.pdf
1508
K U N LIS PENDENS #2 2017.pdf
K U N_P Y_FO CLOS I _ OLUTION_APPROVED_fi al.pdf
K U N_P Y_RELEASE_OF°_MORT GAGE-APPI OVED.pdf
K U N SHIP REC 1V ORT G.pdf
FINANCIAL IMPACT:
N/A
1509
Dar# 2135494 08/17/200 2:31P1"
Filed $ Recorded in Official Records �Df
MONROE COUNTY KEVIN MADOK
Dci:# 2135494
Icokla 2369 PgN 1303
NATIONSTAR MORTGAGE LLC, IN THE CIRCUIT COURT OF THE
Plaintiff, SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
vs. GENERAL JURISDICTION DIVISION
CASE NO. 44-2017-CA-000278-K
PATRICK KUHN; YUPHA KUHN;
MONROE COUNTY, FLORIDA; UNITED
STATES OF AMERICA, ON BEHALF OF NOTICE OF LIS PENDENS
THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
; ANY AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER, AND
AGAINST THE HEREIN NAMED `
INDIVIDUAL DEFENDANT(S) WHO ARE = 3;2- r
NOT KNOWN TO BE DEAD OR ALIVE,
WHETHER SAID UNKNOWN PARTIES � y a• a
MAY CLAIM AN INTEREST AS70
rn
SPOUSES, HEIRS, DEVISEES, ` N o
GRANTEES, OR OTHER CLAIMANTS, T
Defendants. r
TO: THE DEFENDANTS NAMED ABOVE AND ALL OTHERS TO WHOM IT MAY
CONCERN:
V
PAGE 1
17-001211
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1. YOU ARE HEREBY NOTIFIED of the institution of this action by the Plaintiff against you
seeking to foreclose a note and mortgage encumbering the following described real property
in Monroe County, Florida, in Official Records Book 2382, Page 1054.
LOT 28, BLOCK 21, EDEN PINES COLONY THIRD ADDITION, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 59, OF
THE PUBLIC RECORDS OF MONROE COUNTY,FLORIDA.
-A/K/A 29257 OLEANDER DRIVE, BIG PINE KEY, FL 33043
Including the buildings and appurtenances located thereon.
Dated this I day of A , 20t—+ .
ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Dai:tl 21:354434
Attorney for Plaintiff I:IIcI3 21369 I2ga 1304
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
By: l -�
Timothy Scolaro, Esq., Florida Bar No. 104807, Email Address: tscolaro@rasflaw.com
[ ] Melissa Konick, Esq., Florida Bar No. 17569, Email Address: mkonick@rasflaw.com
[ ] Sean M. Swartz, Esq., Florida Bar No. 112209, Email Address: sswartz@rasflaw.com
[ ] Wendy Manswell, Esq., Florida Bar No. 12027, Email Address: wmanswell@rasflaw.com
[ ] Tiffanie Waldman, Esq., Florida Bar No. 86591, Email Address: twaldman@rasflaw.com
[ ] Can Guner, Esq., Florida Bar No. 20931, Email Address: cguner@rasflaw.com
[ ] Gweneth Brimm, Esq., Florida Bar No. 727601, Email Address: gbrimm@rasflaw.com
[ ] Olivia Soden, Esq., Florida Bar No. 97086, Email Address: osoden@rasflaw.com
[ ] Shannon Dobel, Esq., Florida Bar No. 126299, Email Address: sdobel@rasflaw.com
PAGE 2
17-001211
MONRO- COUNTY
CIFFIHAI- RECORDS
1511
Doc#2234568 Bk#2982 Pg#708 Recorded 8/28/2019 at 1:26 PM Pages 3
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
REC: $0.00
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CASE NO:44-2017-CA-278-K
NATIONSTAR MORTGAGE LLC
PLAINTIFF o -n
VS.
,.n
�! c a
T TT G7
PATRICK KUHN AND YUPHA KUHN et.al DO
Defendant - '
F
0
s o
CERTIFICATE OF SALE CO
The undersigned Clerk of the Court certifies that Notice of Public Sale of the property described in the
Final Judgment was published in the KEY WEST CITIZEN a newspaper circulated in Monroe County,
Florida,in the manner shown by the Proof of Publication attached.
See attached Property Description
And on August 23. 2019 the property was offered for public sale to the highest and best bidder for cash.
The highest and best bid received for the property was submitted by NATIONSTAR MORTGAGE LLC to whom
the property was sold.
The proceeds of the sale are retained for distribution in accordance with the Final Judgment.
WITNESS MY HAND AND SEAL of this Court on August 28, 2019
KEVIN MADOK,
Clerk of the ourt
Al
Bid: $100.00
4L :gJVo►CUIOUF.
O
og c�
1512
i
Doc.#2234568 Page Number: 2 of 3
LOT.28,BLOCK 219 EDEN PINES COLONY THIRD ADDITION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 5,PAGE 59, OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA.
Property Address:29257 OLEANDER DRIVE BIG PINE KEY,FL 33043
1513
Doc.#2234568 Page Number: 3 of 3
Filing # 94306205 E-Filed 08/16/2019 02.25:56 PM
-r.U-y VWFST
11MR.,--rI IZEN
The Florida Keys Only Daily Newspaper,Est. 1876
PO Box 1800,Key West FL 33041
P.(305)282-7777 ext.219 F.(305)295.8025
legals@keysnews.com
ROBERTSON, ANS-CHUTZ & SCHNEID
6409 CONGRESS AVE STE 100
BOCA RATON FL 33487-2853
Account: 138434 Ticket: 304548
PUBLISHER'S AFFIDAVIT
'STATE OF FLORIDA
IN THE CIRCUIT COURT OF THE
COUNTY OF MONROE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY
Before the undersigned authority personally appeared NOTICE OF FORECLOSURE SALE
BY CLERK OF THE CIRCUIT COURT
` Q Notice is hereby given that the under-
�+�� who on oath says that he or she is, signed,Kevin Madok,Clerk of the Or-
cuit Court of Monroe County,Florida,
90 will,on the 23rdday of August, 2019,
of the Key West Citizen,a.daily news- at no dock a.m., at 500 Whitehead
Street, Monroe County, In the City of
paper published in key e , in Monroe County, Florida;that the attached copy Key West, Florida, offer for sale and
a le al notice in the matter of Czase No.44-2017-CA- sell b public outcry to the highest and
of adverb9ment,bein
g 9 best bidder for CASH the Following de-
278-K was published in said newspaper in the issues of. scribed property situated In Monroe
County,Florida,to wit:
Thursday,August 8"2019 � LOT28,BLOCK 21,EDEN PINES COLO-
Thursday,August 15,ZO19>� NY THIRD ADDITION ACCORDING TO
THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5,PAGE 59,OF THE PUB-
LIC RECORDS OF MONROE COUNTY,
FLORIDA.-
Affiant further.says that the Key West Citizen is a newspaper published in Key - Property Address: 29257 OLEANDER
West,in said Monroe County,Florida and that the said newspapers has hereto- DRIVE BIG PINE KEY,FL 33043
fore been continuously published in said Monroe County, Florida every day,and Pursuant to ORDER ON PLAINTIFF'S
has been entered as periodicals matter at the post office in Key West,"in said MOTION RESCHEDULE FORECLOSURE
Monroe County, Florida,for period of 1 year next recedin the first publication SALE entered in a case pending 9 said
y p y preceding p Court,the 16TH day oflULY,2019
of the,attached copy of advertisement;and affiant further says that he or she has Style of which is:
neither paid nor promised any,person,firm or corporation any discount, rebate, NATIONSTART MORTGAGE LLC
commission or refund for the purpose of securing this advertisement for publics- Plaintiff
lion in the said n er. vs.
PATRICK KUHN AND YUPHA KUHN.
St,�t
ignature ofAffiant)
Defendant
And the Docket Number of which is
Inn s s ed before me this ytFl day of August 2019 Number 44-2017-CA-278-K
WITNESS my hand and the Official
Seal of Said Court, this 19TH day of
JULY,2019
( Ot ublic ignatur KEVIN MADOK
( Clerk of the Circuit Court
4 JI PJ�6' Monroe County,Florida
By:Shonta McLeod
(Notary u is Printed Name) (Not vw Q. x Deputy Clerk
� tt�'�� Florida Statute 45.031: Any person
My commission expires J O-wd`c9L °jarasa� claiming as interest In the surplus from
the sale,if any,other than the property
CA owner as of the date of the Lis Pendens
t` must file a claim within 60 days after
Personally Known X Produced Identification_ y the sale.
N 8182019&8/152019 Key West Citizen
Type of Identification Produced !6 Z
fs
.. ..... ,.. 1514 -
Doc# 2197186 12/05/2018 3:59PM
Filed & Recorded in Official Records of
IN THE FLORIDA COURT OF THE SIXTEENTH MONROE COUNTY KEVIN MADOK
JUDICIAL CIRCUIT OF FLORIDA I
N AND FOR MONROE COUNTY
GENERAL JURISDICTION DIVISION Doc# 2197186
CASE NO: 44-2017-CA-000278-K Bk# 2939 P94 557
NATIONSTAR MORTGAGE LLC,
Plaintiff,
�.a
vs.
PATRICK KUHN; YUPHA KUHN; MONROE
COUNTY, FLORIDA; UNITED STATES OF r
AMERICA, ON BEHALF OF THE SECRETARY -v
OF HOUSING AND URBAN DEVELOPMENT; --f�
ANY AND ALL UNKNOWN PARTIES
G
CLAIMING BY, THROUGH, UNDER, AND r
AGAINST THE HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO BE
DEAD OR ALIVE, WHETHER SAID UNKNOWN
PARTIES MAY CLAIM AN INTEREST AS
SPOUSES, HEIRS, DEVISEES, GRANTEES, OR
OTHER CLAIMANTS,
Defendant(s).
CONSENT FINAL JUDGMENT OF FORECLOSURE
This action was tried before the court at a Non-Jury Trial on November 13,2018. On the
evidence presented. IT IS ADJUDGED that Plaintiffs Final Judgment is GRANTED against all
defendants listed by name: PATRICK KUHN; YUPHA KUHN; MONROE COUNTY, FLORIDA;
UNITED STATES OF AMERICA, ON BEHALF OF THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT;
1. Amounts Due. Plaintiff,NATIONSTAR MORTGAGE LLC, whose address is c/o Nationstar
Mortgage LLC d/b/a Mr. Cooper, 8950 Cypress Waters Blvd., Coppell, TX 75019, is due:
Principal $146,518.48
Interest to date of this judgment:November 13, 2018 $13,186.53
Inspections $404.50
Flood Insurance $13,047.00
Hazard insurance $20,126.62
Taxes $3,640.08
Legal Fees $7,927.93
Filing Fees: $976.68
Service of Process: $260.00
Lis Pendens: $23.50
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Telephonic Hearing: $60.00 DocN 2197186
Title Charges: $400.00 Bk# 2939 P9N 559
Attendance at Court: $250.00
Paid Attorney Hourly Fees: $3,160.50
Paid Flat Fee: $1,960.00
Remaining Legal Fees: $837.25
SUBTOTAL $204,851.14
Attorneys' Fees:
Finding as to reasonable number of hours: 32.20
Finding as to reasonable hourly rate: $215.00
Total Attorney Hourly Fees: $6,923.00
Outstanding Attorney Hourly Fees: $3,762.50
Total Flat Fee: $2,800.00
Outstanding Flat Fee: $840.00
Outstanding Attorneys' Fee Total: $4,602.50
Court Costs, now taxed:
Lis Pendens: $2.00
SUBTOTAL $209,455.64
TOTAL SUM $209,455.64
That shall bear interest at a rate in accordance with section 55.03(3), Florida Statute
2. Lien on Property. 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:
LOT 28,BLOCK 21,EDEN PINES COLONY THIRD ADDITION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 5,PAGE 59, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
Property Address: 29257 OLEANDER DRIVE,BIG PINE KEY,FL
33043
3. Sale of Property. 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 on the a 3'I day of A , 20_13 , (NO SOONER THAT 150-DAYS)
to the highest bidder for cash, exce t as prescribed in paragraph 4, at the courthouse located at
302 FLEMING STREET, KEY WEST, FL 33040 in Monroe County, Florida, in accordance
with section 45.031, Florida Statutes (2013), using the following method:
❑x 500 Whitehead Street, Key West FL 33040 beginning at 11:00 AM
4. Costs. 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
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Bkq 2939 Pgq 560
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. Distribution of Proceeds. 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 plaintiff's 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.
6. Right of Redemption/Right of Possession. 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, and defendant(s) right of redemption as
prescribed by section 45.0315, Florida Statues (2013) shall be terminated, 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. Attorneys' Fees. The Court finds, based upon the affidavits presented and upon inquiry of
counsel for the Plaintiff,that the flat fee of$2800.00 is reasonable and appropriate for the
Plaintiffs counsel's attorney's fees. Furthermore,the Court finds, based upon the affidavits
presented and upon inquiry of counsel for the Plaintiff, that 32.20 hours were reasonably
expended by Plaintiff's counsel and that and hourly rate of$215.00 is appropriate. PLAINTIFF'S
COUNSEL CERTIFIES THAT THE ATTORNEY FEE AWARDED DOES NOT EXCEED ITS
CONTRACT FEE WITH PLAINTIFF. The Court finds that there are no reasons for either
reduction or enhancement pursuant to Florida Patient's Compensation Funds v. Rowe, 472 So.
2d 1145 (Fla. 1985), and the Court therefore has awarded reasonable attorney's fees in the
amount indicated in paragraph 1 of this Judgment.
8. The United States of America shall have the right of redemption provided by 28 U.S.C. §2410(c)
and, if it is the successful bidder at the foreclosure sale, it shall be allowed thirty(30) days to
deliver a Treasury check to the Clerk of Court in payment of the amount of its bid. Further,the
deposit required by Florida Statutes 45.021(2) shall be waived.
9. Jurisdiction Retained. Jurisdiction is reserved over this action to enforce the Final
Judgment and to enter further orders that are proper including,without limitation,an
award of attorney's fees and costs, a deficiency decree (if sought and appropriate),writs of
possession, orders granting leave to file supplemental and/or amended pleadings to add
additional parties, and orders resolving any disputes with respect to assessments and/or
other amounts allegedly due associations.
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 THE FINAL JUDGMENT.
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Doco 2197186
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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 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU
WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
IF YOU ARE THE PROPERTY OWNER,YOU MAY CLAIM THESE FUNDS YOURSELF.
YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER
REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO
ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE
ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT,302 FLEMING
STEET,KEY WEST, FL 33040, WITHIN 10 DAYS AFTER THE SALE TO SEE IF THERE
IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS
IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM
THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS
YOU ARE REQUIRED TO SIGN,ASK SOMEONE ELSE,PREFERABLY AN ATTORNEY
WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU,TO MAKE SURE
THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT
TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY
WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN
ATTORNEY,YOU MAY CONTACT LEGAL SERVICES OF THE FLORIDA KEYS, 600
WHITE STREET, KEY WEST,FL 33040,305-292-3566 TO SEE IF YOU QUALIFY
FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY
BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST
OTHER OPTIONS. IF YOU CHOOSE TO CONTACT LEGAL SERVICES OF THE
FLORIDA KEYS FOR ASSISTANCE,YOU SHOULD DO SO AS SOON AS POSSIBLE
AFTER RECEIPT OF THIS NOTICE.
ORDERED at KEY WEST, MONROE COUNTY, FLORIDA this��day of
4O'NORABLE PRESIDING JUDGE
COPIES FURNISHED TO:
,/ROBERTSON,ANSCHUTZ & SCHNEID, P.L.
ATTORNEYS FOR PLAINTIFF
6409 CONGRESS AVE., SUITE 100
BOCA RATON, FL 33487
PRIMARY EMAIL: MAIL@RASFLAW.COM
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Page 4 of 19
1519
�PATRICK KUHN
29257 OLEANDER DRIVE
BIG PINE KEY, FL 33043 Dooa 2197186
Bka 2939 Pga 562
YYUPHA KUHN
29257 OLEANDER DRIVE
BIG PINE KE, FL 33043
VMONROE COUNTY ATTORNEY
PATRICIA A. EABLES
ATTORNEY FOR MONROE COUNTY, FLORIDA
C/O MONROE COUNTY ATTORNEY
1111 12TH STREET SUITE 408
KEY WEST, FL 33040
PRIMARY EMAIL: EABLES-PATRICIA@MONROECOUNTY-FL.GOV
V NITED STATES OF AMERICA, ON BEHALF OF THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
C/O US ATTORNEY OFFICE-SOUTHERN DISTRICT OF FLORIDA 99 NORTHEAST 4TH
STREET,13TH FLOOR
MIAMI, FL 33132
MONROE COUNTY
OFFICIAL RECORDS
17-001211 -TaM
Page 5 of 19
1520
Doc#2236041 Bk#2984 Pg#420 Recorded 9/10/2019 at 12:48 PM Pages 2
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
REC: $0.00 Deed Doc Stamp $0.70
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CASE NO. 44-2017-CA-000278-K
NATIONSTAR MORTGAGE LLC
Plaintiff
VS.
PATRICK KUHN AND YUPHA KUHN et al.
Defendant
CERTIFICATE OF TITLE
The undersigned Clerk of the Court certifies that he or she executed and filed a Certificate
of Sale in this action August 23,2019 for the property described herein and that no objections
to the sale have been filed within the time allowed for filing objections.
The following property in Monroe County, Florida:
SEE ATTACHED LEGAL DESCRIPTION
was sold to: NATIONSTAR MORTGAGE LLC
C/O NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER a "�
8950 CYPRESS WATERS BLVD.,
COPPELL TX 75019
WITNESS MY HAND AND SEAL of this Court on September 10, 2019 rn
KEVIN MADOK, i
C"theBy.
Bid Amount$100.00yY GouRr.1
�.'� .uL�a cwo�,�.•
Aeon •ors
• o
r�Tjr-4 a°••�b
1521
Doc.#2236041 Page Number: 2 of 2
e
LOT.28,BLOCK 219 EDEN PINES COLONY THMD ADDITION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 5,PAGE 59,OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA.
Property Address:29257 OLEANDER DRIVE BIG PINE KEY,FL 33043
1522
Dar# 2135494 08/17/200 2:31P1"
Filed $ Recorded in Official Records �Df
MONROE COUNTY KEVIN MADOK
Dci:# 2135494
Icokla 2369 PgN 1303
NATIONSTAR MORTGAGE LLC, IN THE CIRCUIT COURT OF THE
Plaintiff, SIXTEENTH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
vs. GENERAL JURISDICTION DIVISION
CASE NO. 44-2017-CA-000278-K
PATRICK KUHN; YUPHA KUHN;
MONROE COUNTY, FLORIDA; UNITED
STATES OF AMERICA, ON BEHALF OF NOTICE OF LIS PENDENS
THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT
; ANY AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER, AND
AGAINST THE HEREIN NAMED `
INDIVIDUAL DEFENDANT(S) WHO ARE = 3;2- r
NOT KNOWN TO BE DEAD OR ALIVE,
WHETHER SAID UNKNOWN PARTIES � y a• a
MAY CLAIM AN INTEREST AS70
rn
SPOUSES, HEIRS, DEVISEES, ` N o
GRANTEES, OR OTHER CLAIMANTS, T
Defendants. r
TO: THE DEFENDANTS NAMED ABOVE AND ALL OTHERS TO WHOM IT MAY
CONCERN:
V
PAGE 1
17-001211
1523
1. YOU ARE HEREBY NOTIFIED of the institution of this action by the Plaintiff against you
seeking to foreclose a note and mortgage encumbering the following described real property
in Monroe County, Florida, in Official Records Book 2382, Page 1054.
LOT 28, BLOCK 21, EDEN PINES COLONY THIRD ADDITION, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 59, OF
THE PUBLIC RECORDS OF MONROE COUNTY,FLORIDA.
-A/K/A 29257 OLEANDER DRIVE, BIG PINE KEY, FL 33043
Including the buildings and appurtenances located thereon.
Dated this I day of A , 20t—+ .
ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Dai:tl 21:354434
Attorney for Plaintiff I:IIcI3 21369 I2ga 1304
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
By: l -�
Timothy Scolaro, Esq., Florida Bar No. 104807, Email Address: tscolaro@rasflaw.com
[ ] Melissa Konick, Esq., Florida Bar No. 17569, Email Address: mkonick@rasflaw.com
[ ] Sean M. Swartz, Esq., Florida Bar No. 112209, Email Address: sswartz@rasflaw.com
[ ] Wendy Manswell, Esq., Florida Bar No. 12027, Email Address: wmanswell@rasflaw.com
[ ] Tiffanie Waldman, Esq., Florida Bar No. 86591, Email Address: twaldman@rasflaw.com
[ ] Can Guner, Esq., Florida Bar No. 20931, Email Address: cguner@rasflaw.com
[ ] Gweneth Brimm, Esq., Florida Bar No. 727601, Email Address: gbrimm@rasflaw.com
[ ] Olivia Soden, Esq., Florida Bar No. 97086, Email Address: osoden@rasflaw.com
[ ] Shannon Dobel, Esq., Florida Bar No. 126299, Email Address: sdobel@rasflaw.com
PAGE 2
17-001211
MONRO- COUNTY
CIFFIHAI- RECORDS
1524
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 Patrick and Yupha Kuhn in the amount of$45,000.00 on SEPTEMBER 26, 2008, recorded on
SEPTEMBER 30, 2008, as Document#1713717, Book 2382, Page 1064 of the public records of Monroe
County, Florida, secured by the property located at Lot 28, Block 21, Eden Pines Colony,Third Addition,
according to the Plat thereof as recorded in Plat Book 5, Page 59, 29527 Oleander, Big Pine Key, Florida
33043; and
WHEREAS,the First Mortgagee (NATIONSTAR MORTGAGE LLC)filed a foreclosure action on
AUGUST 7, 2017, as well as a Notice of Lis Pendens on AUGUST 7, 2017, Document#2135494, Book
2869, Page 1303; and
WHEREAS,A Final Judgement of Foreclosure was Ordered on NOVEMBER 13, 2018, sale by
auction was set for NOVEMBER 13, 2018 and the property was sold to the highest bidder on NOVEMBER
13, 2018
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 AUGUST 23, 2019, Document
2236041, Book 2984, Page 420; 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 Lot 28, Block 21, Eden Pines Colony,Third Addition, according
to the Plat thereof as recorded in Plat Book 5, Page 59 of the Public Records of Monroe County,
Florida, 29527 Oleander, Big Pine Key, Florida 33043.
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 fo form nd egal sufficiency
h f ._
Christina Cory,Assistant Coun y Attorney
1525
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 SEPTEMBER 26, 2008 by PATRICK AND YUPHA KUHN, to Monroe County, Florida and
recorded on SEPTEMBER 30, 2008, in Official Records Book 2382, Page 1064, as Document #1713717 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 28, Block 21,Eden pine Colony, Third Addition, according to the Plat thereof as recorded in Plat Book 5,
Page 59 of the Public Records of Monroe County, Florida
Which has the address of 29527 Oleander,Big Pine Key,Florida 33043
(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
Approved as to form and legal sufficiency Printed Name
� Commission No:
Christina Cory,Assistant CounAttorney
Commission Expires:
1526
Doca 2713717 09/30/2008 3: 17PM
This instrument was re ared b Filed & Recorded in Official Records of
prepared Y MONROE COUNTY DRNNY L. KOLHRGE
The Monroe County SHIP Program
clo the Monroe County Housing Authority
1400 Kennedy Drive DocU 1723717
Key West, FL 33040 MOORTGR GE D 3:17PM
MORTG DOC STAMP CL: RS $157.50 Bkp 2382 Pgq 1064
THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF
DOCUMENTARY STAMP TAXATION PURSUANT TO FLORIDA STATUTE 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)
COUNTY OF MONROE
SHIP HOMEBUYER ASSISTANCE LOAN
This second mortgage is made this day of September, 2008, between the
Mortgagor, PATRICK & YUPHA KUHN, husband and wife, (herein the "Borrower,")
and the Mortgagee, the COUNTY OF MONROE, a political sub-division of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (herein the
"Lender.")
WHEREAS, the Borrower has applied to MARINE BANK ("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
Monroe County State Housing Initiatives Program (SHIP) (the "Lender") for a Homebuyer
Assistance Program Loan in the original principal amount of FORTY FIVE THOUSAND
DOLLARS AND NO CENTS ($45,000.00), the "Loan" which Mortgage Loan shall be
secured by a Second Mortgage lien (the "Second Mortgage) in favor of the Lender. 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
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 September Q2 (e., , 2008 and extensions and
renewals thereof (herein "Note,") providing for payment of principal indebtedness if not
sooner paid, due and payable on September a2_(�- , 2038.
TO SECURE to the Lender the repayment of the indebtedness evidenced by the Note: the
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
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 28, Block 21, EDEN PINES COLONY THIRD ADDITION, according to the Plat thereof'
as recorded in Plat Book 5, Page 59 of'the Public Records of Monroe County, Florida
Which has the address of: 29527 Oleander, Big Pine Key, Florida 33043
(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."
Page 1 1527
Doan 2723717
BkU 2382 Pgp 1065
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 attached as Exhibit A.
2. Prior Mortgages and Deeds of Trust, Charges; Liens. tender 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 1528
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.
8. 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 bender 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 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.
1 1. 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
Doen 1713717
Page 3 Bkft 2382 Pgp 1066 1529
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.
15. Acceleration: 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.
16. 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.
17. 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.
Doca 1713727
Page 4 Bka 2382 Pgn 1067 1530
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
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 S45,000.00, TOGETHER WITH ACCRUED INTEREST, IF
ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER
THE TERMS OF THIS SECOND MORTGAGE.
Dona 1713717
Sk# 2382 Pyp 1068
Page 5 1531
Signed, sealed, and delivered in the presence of-
Witness Signature Borrower Si natur
Printed Name: I L"2�X— I-)OR ✓�� Printed Name: �u
Witness Signaft4 e Borrow Signature
Printed Name: r_' c (A Z t2s Printed Name:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing was acknowledged before me this day of September, 2008
by t'o4 i 0 k C k k,, L-iiJ q `(ix i Pi,,V K tk t c w who is personally known to me or
who has produced a valid driver license as identification and who did not take an oath.
Notary Signat re
SEAL `��\��pF�D...
Printed Name:
4DO395792 2::Q` Commission Number:
Oded
`.. 0;����� 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
DacN 2713717
Bkp 2382 Pg# 1069
i
Page 6 1532
This instrument was prepared by: Doca 1713717
Monroe County SHIP Program Skp 2382 Pgp 1070
c%the Monroe Housing Authority
1400 Kennedy Drive
Key West, FL 33040
TH{S PROMISSORY NOTE IS GIVEN TO MONROE COUNTY AND IS EXEMPT FROM TAXATION
PURSUANT TO FLORIDA STATUTE 199.183
PROMISSORY NOTE
COUNTY OF MONROE
SHIP HOMEBUYER ASSISTANCE LOAN
Date: September (_, 2008 City: Big Pine Key State: Florida
Name: PATRICK& YUPHA KUHN
Property Address: 29527 Oleander,Big Pine Key, FL 33043
I. BORROWER'S PROMISE TO PAY
I, PATRICK & YUPHA KUHN, husband and wife, promise to pay FORTY FIVE
THOUSAND DOLLARS AND NO CENTS ($45,000.00) (this amount will be called
"principal") to the order of the COUNTY OF MONROE, a political sub-division of the Sate
of Florida, whose address is 1 100 Simonton Street, Key West, Florida 33040 (the "Lender,")
or to any other holder of this Note. I understand that the Lender may transfer this Note. The
Lender or anyone who takes this Note by transfer and who is entitled to receive payments
under this Note will be called the "Note Holder."
2. INTEREST
Interest on this Note shall be zero percent (0%) per annum; except that if I fail to pay this
Note as required, the interest rate shall be twelve percent (12%) per annum from the date
when payment of this Note is due until I pay it in full.
3. PAYMENTS
Principal payments shall be deferred for the term of the first mortgage loan or until
September, 2037. My total payment on the aforementioned date shall be FORTY
FIVE THOUSAND DOLLARS AND NO CENTS ($45,000.00). In the event that I make
payment in full on this loan at any time before it is due,rent my home, refinance or satisfy the
first mortgage loan, sell or transfer the property, I agree to pay immediately the entire sum
due under this Note plus fifty percent (50%) of the appreciated value of the property. The
appreciated value is defined as the difference between the contract sales price and the
contract purchase price, less the value of the seller's real estate sales commission and less the
value of any lawfully permitted improvements. I will make my payment at Lender's address
as stated in Section I above or at a different place if required by the Note Holder.
4. BORROWER'S PAYMENT BEFORE THEY ARE DUE
I have the right to make payment in full on this Note at any time before it is due. Such
payment is known as a "full payment." No partial prepayments can be made at any time on
the principal of the loan. When I make full prepayment, I will tell the Note Holder in a letter
that I am doing so. Full payments to this Note are subject to the conditions as described in
Item 3 Payments, shared appreciation clause.
5. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Default
If I do not pay the full amount as required in Section 3 above, I will be in default. If I
am in default, the Note Holder may bring about any actions not prohibited by applicable
law and require me to pay Holder's cost and expenses as described in(B) below.
(B) Payment of Note Holder's Costs and Expenses
If the Note Holder takes such actions as described above, the Note Holder will have the
right to be paid back for all of its cost and expenses, including but not limited to
reasonable attorney's fees.
Page 1
1533
Docp 1723727
Bkp 2382 Pga 1071
6. THIS NOTE SECURED BY A MORTGAGE
In addition to the protections given to the Note Holder under this Note, a Second Mortgage,
dated September gPp , 2008 protects the Note Holder from possible losses that might
result if I do not keep the promises that I make in this Note. That Second Mortgage describes
how and under what conditions I may be required to make immediate payment in full of all
amounts that I owe under this Note.
7. BORROWER'S WAIVER
I waive my rights to require the Note Holder to do certain things. Those things are: (A) to
demand payment of amount due (known as "presentment"); (B) to give notice that amounts
have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of
nonpayment (known as a"protest.") Any co-signer, guarantor, surety or endorser who agrees
to keep the promises I have made in this Note by signing this Note or by executing a separate
agreement to make payments to the Note Holder if I fail to keep my promises under this Note
also waives these rights.
8. GIVING OF NOTICES
Any notice that must be given to me under this Note will be given by delivering it or by
mailing it by certified or registered mail, postage prepaid, addressed to me at the Property
address above. A notice will be mailed to the Note Holder at a different address if I am given
a notice of that different address.
9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each of us is fully and personally obligated to pay the
full amount owed and to keep all of the promises made in this Note_ Any guarantor, surety or
endorser of this Note (as described in Section 7 above) is also obligated to do these things.
The Note Holder may enforce its rights under this Note against each of us individually or
against all of us together and may enforce its rights against any of us in any order. This
means that any one of us may be required to pay all of the amounts owed under this Note.
10. 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 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.
NOTICE TO BORROWER
DO NOT SIGN THIS NOTE IF IT CONTAINS BLANK SPACES.
ALL SPACES SHOULD BE COMPLETED BEFORE YOU SIGN.
mower Date
B ower Date
(SIGN ORIGINAL ONLY)
THIS PROMISSORY NOTE IS GIVEN TO MONROE COUNTY AND IS EXEMPT FROM TAXATION
PURSUANT TO FLORIDA STATUTE 199.183
Page 2 MONROE COUNTY
OFFICIAL RECORDS
1534