Item C10 CIO
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
April 17, 2024
Agenda Item Number: CIO
2023-2332
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 Michael J. & Karen D. Chaustit, 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 Michael J. & Karen D. Chaustit, 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: Approval
DOCUMENTATION:
C AU TIT LEGAL DE CRIPTION.pdf
C AU TIT CERTIFICATE OF TITLE.pdf
C AU TIT FINAL JUDGEMENT OF FORECLOSURE.pdf
C AU TIT M & K LIS PENDEN .pdf
C AU TIT FORECLOSURE RESOLUTION FINAL.pdf
C AU TIT M & K CERTIFICATE OF SALE.pdf
669
C AU TIT SHIP REED 1V ORTG.pdf
C AU TIT MIC AEL KAREN RELEASE OF MORTGAGE GAGE INITIAL.pdf
FINANCIAL IMPACT:
N/A
670
ti
cfl
Doca 1713533
Blot 2382 P9ft 514
EXH113IT"A"
LEGAL DESCRIPTION-1231 Flagler Ave, Key West, FL
On the Island of Key West and known on Win. A. Whitehead's inap delineated in
February A,D. 1829 as a part of Tract Nineteen (19),but more particularly described as
rollows-,
Lot Eight(8) in Square One (1) of said Tract Nineteen (19) according to the Tropical
Building and Investment Company's subdivision of said Tract Nineteen (19)duty
recorded in Plat Book (1),page 34, Monroe County, Florida Records. Commencing at a
point on Eleanor Street distant Three Hundred Forty-Six (346) feet,'Mine (9) inches fi-orn
the corner of White and Eleanor Streets and running thence along Eleanor Street in a
Northeasterly direction Forty-Nine(49) feet; Four(4) inches; thence at right angles in a
Northwesterly direction Ninety-Two (92) feet, Six (6) inches;thence at right angles in a
Southwesterly direction Forty-nixie(49) feet,Four (4)inches; thence at right angles in a
Southeasterly direction Ninety-two (92) feet, Six (6) inches to the place of beginning.
LESS AND EXCEPT:
A parcel of land on the Island of Key West and known on William.A. 1AThitehead's Map
delineated in February, A.D. 1829, as a part of Tract 19 but now better known and
described as part of Lot 8 in Square I of said Tract 19, according to the Tropical Building
&Investment Company"s Subdivision of said Tract 19 duly recorded in Plat Book 1, Page
34, of the Public Records of Monroe County, Florida,said parcel being more particularly
described by metes and bounds as follows:
BEGIN at the W'ly comer of the said Lot 8 and run thence SE'ly along the S,W'ly
boundary line of the said Lot 8 for a distance of 20.08 feet; thence NE'ly and at right
angles for a distance of 2.00 feet; thence NW'ly and at tight angles for a distance of 20.08
feet to the NW'ly boundary line of the said Lot 8;thence SW'ly and at right angles along
the NWty boundary line of the said Lot 8 for a distance of 2.00 feet back to the Point of
Beginning.
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT, IN
Docq 1972223 03/12/2014 12:08PM AND FOR MONROE COUNTY,
Filed & Recorded in Official Records of FLORIDA
MONROE COUNTY AMY 14EAVILIN
GENERAL JURISDICTION DIVISION
03/12/2014 12:08PM
DEED DOC STAMP CL: Krys $0.7Fa CASE NO. 2013 CA 395 K
IBERIABANK, DocN 1972223
Bk# 2674 PgN 2046
Plaintiff,
VS. .
MICHAEL CHAUSTIT A/K/A MICHAEL
J. CHAUSTIT, KAREN CHAUSTIT A/K/A
KAREN D. CHAUSTIT, COUNTY OF MONROE,
FLORIDA, CITY OF KEY WEST, -
FLORIDA, and UNKNOWN TENANTS 1 ,J
& 2, 7j Cn a
Defendants.
CERTIFICATE OF TITLE
The undersigned, Amy Heavilin, Clerk of the Court, certifies that she executed
and filed a Certificate of Sale in this action on February 28, 2014, 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 located in Monroe County, Florida:
On the Island of Key West and known on William A. Whitehead's
Map delineated in February A.D. 1829 as apart of Tract Nineteen
(19), but more particularly described as follows:
Lot Eight (8) in Square One (1) of said Tract Nineteen (19)
according to the Tropical Building and Investment Company's
Subdivision of said Tract Nineteen (19) duly recorded in Plat
Book 1, page 34, Monroe County, Florida Records.
Commencing at a point on Eleanor Street distant Three
Hundred Forty-Six (3 4 6) feet, Nine (9) inches from the corner
of White and Eleanor Streets and running thence along Eleanor
Street in a Northeasterly direction Forty-Nine (4 9) feet, Four (4)
inches; thence at right angles in a Northwesterly direction Ninety-
(M0611160.1)
672
CASE NO. 2013 CA 395 K
Two (92) feet, Six (6) inches; thence at right angles in a
Southwesterly direction FortyNine (4 9) feet, Flour (4) inches;
thence at right angles in a Southeasterly direction Ninety-Two (92)
feet,Six (6) inches to the place of beginning. Doap 1972223
LESS AND EXCEPT: Bkp 2674 Pga 2047
A parcel of land on the Island of Key West and known on William
A. Whitehead's Map delineated in February, A.D. 1829, as a part of
Tract 19 but now better known and described as part of Lot 8 in
Square 1 of said Tract 19, according to the Tropical Building &
Investment Company's Subdivision of said Tract 19 duly recorded
in Plat Book 1, Page 34, of the Public Records of Monroe County,
Florida, said parcel being more particularly described by metes and
bounds as follows:
BEGIN at the Westerly corner of said Lot 8 and run thence
Southeasterly along the Southwesterly boundary line of the said Lot
8 for a distance of 20.08 feet; thence Northeasterly and at right
angles for a distance of 2.00 feet; thence Northwesterly and at right
angles for a distance of 20.08 feet to the Northwesterly boundary
line of the said Lot 8; thence Southwesterly and a right angles along
the Northwesterly boundary line of the said Lot 8 for a distance of
2.00 feet back to the Point of Beginning.
was sold to: F DhihOA ):?\F- u
Rkoayl l , FL 33►�1-�3�1
WITNESS my hand and the seal of the court on r' Cal , 2014.
AMY HEAVILIN, as Clerk
B
Deputy Clerk
q
i��i�-�ir/Matrlurrr 1lII±iL`°t1
(M0611160.1) 2
673
Filing# 10926230 Electronically Filed 03/04/2014 01:37:06 PM
IN THE CIRCUIT COURT OF THE SIXTEENTH
JUDICIAL CIRCUIT, IN AND FOR MONROE
COUNTY,FLORIDA.
GENERAL JURISDICTION DIVISION
CASE NO. 2013 CA 000395 K
IBERIABANK, Doe# 1972223
Bk# 2674 Pg# 2048
Plaintiff,
VS.
MICHAEL CHAUSTIT A/K/A MICHAEL
J. CHAUSTIT,KAREN CHAUSTIT A/K/A
KAREN D. CHAUSTIT, COUNTY OF MONROE,
FLORIDA, CITY OF KEY WEST, FLORIDA,
and UNKNOWN TENANTS 1 &2,
Defendants.
ASSIGNMENT OF BID
KNOW ALL PERSONS BY THESE PRESENTS: That IBERIABANK, a Louisiana
state-chartered bank ("first party"), in consideration of the sum of TEN AND NO/100 ($10.00)
DOLLARS, and other valuable consideration received from or on behalf of OB FLORIDA
RRE HOLDINGS, LLC, a Florida limited liability company ("second party"), at or before the
ensealing and delivery of these presents, the receipt whereof is acknowledged, grants, bargains,
sells, assigns, transfers and sets over unto second party all first party's winning bid made at the
foreclosure sale conducted on February 28, 2014, at 11:00 A.M., on the steps at the old Monroe
County Courthouse, 500 Whitehead Street, Key West,Florida 33040.
TO HAVE AND TO HOLD the same unto second party and its legal representatives,
successors and assigns forever.
(81130043.1)
674
IN WITNESS WHEREOF, first party has set its hand and seal this j) day of March,
2014.
Signed, sealed and delivered in our presence: IBERIABANK, a Louisiana state-chartered
bank
GZ
Print name: By:
Name: -
„Q!u _ Title:
Pri e: y� Doeq 1972223
Bk# 2674 Pg# 2049
STATE OF FLORIDA )
ss.
COUNTY OF
•''�-,`mac..s
The foregoing instrument was acknowledged before me this ,3- day of , 2014,
by n.r, v /,mac, / ' > as 'V,c c • sf'� ��:d t ✓'7� of Iberiabank, a
Louisiana state-chartered bank, on behalf of the bank, who is�f-ersonall,�known Io i or who has
produced - `— (type of identification) as identification.
Signature of person taking acknowledgment JAMI L.ELWOOD
NOTARY PUBLIC
STATE OF FLORIDA
Name of acknowledger typed,printed or stamped Comm#DD974250
it, Expires 4/24/2014
Notary Public
Title or rank
MONROE COUNTY
(81130043.1) 2 OFFICIAL RECORDS
675
IN THE CIRCUIT COURT OF THE SIXTEENTH
Doc# 1956215 11/01/2013 10:500M JUDICIAL CIRCUIT, IN AND FOR MONROE
Filed & Recorded in Official Records of COUNTY, FLORIDA.
MONROE COUNTY AMY HEAVILIN
GENERAL JURISDICTION DIVISION
CASE NO. 2013 CA 000395 K
IBERIABANK,
Doc# 1956215
Plaintiff, Bk# 2656 P9# 2335
ra -n
3 � —
w �
ca �'
VS. L7
-713
CZ)MICHAEL CHAUSTIT A/K/A MICHAEL
J. CIAUSTIT, KAREN CHAUSTIT A/K/A a
KAREN D. CHAUSTIT, COUNTY OF MONROE,
FLORIDA, CITY OF KEY WEST, FLORIDA,
and UNKNOWN TENANTS 1 & 2, .r
Defendants.
FINAL JUDGMENT OF FORECLOSURE AND FOR MONETARY DAMAGES
THIS MATTER was heard before the Court on the Motion for Summary Final
Judgment of Foreclosure and Monetary Damages of Plaintiff IBERIABANK ("Plaintiff') on
October 31, 2013. After hearing argument of counsel, and in consideration of all evidence
presented, this Court rules as follows:
IT IS ADJUDGED that:
1. The Plaintiff s Motion for Summary Final Judgment of Foreclosure and Monetary
Damages is granted. Service of process has been duly and regularly obtained over Defendants.
2. VALUE OF CLAIM: At the initiation of this action, in accordance with section
28.241(1)(a)2.b., Florida Statutes (effective for actions filed on and after June 1, 2009), Plaintiff
estimated the amount in controversy of the claim to be greater than $50,000.00 but less than
$250,000.00. In accordance with 28.241(1)(a)2.c., Florida Statutes, the court identifies the actual
value of the claim to be greater than $50,000.00 but less than $250,000.00. For any difference
between the estimated amount in controversy and the actual value of the claim that requires the
filing fee to be adjusted, the clerk shall adjust the filing fee. In determining whether the filing fee
needs to be adjusted, the following graduated filing fee scale in section 28.241(1)(a)2.d., Florida
Statutes, controls:
I M0611847.1)
676
Docp 1956215
Bkq 2656 Pgq 2336
$400 Value less than or equal to $50,000 with 5 Defendants or less
$905 Value greater than $50,000 but less than $250,000 with 5 Defendants or less
$1,905 Value $250,000 or greater with 5 Defendants or less
If an excess filing fee was paid, the clerk shall provide a refund of the excess fee. If an
additional filing fee is owed, the Plaintiff shall pay the additional fee prior to the judicial sale. If
any additional filing fee owed is not paid prior to the judicial sale, the clerk shall cancel the
judicial sale without further order of the court.
3. Plaintiff, IBERIABANK, at 1741 Main Street, 2"d Floor, Herald Tribune
Building, Sarasota, Florida 34236, recover from defendants Michael Chaustit a/k/a Michael J.
Chaustit, whose address is 34 Palmetto Drive, Key West, Florida 33040 and Karen Chaustit a/k/a
Karen D. Chaustit, whose address is 1231 Flagler Avenue, Key West, Florida 33040,jointly and
severally, the following sums:
(a) Principal. $ 237,513.56
(b) Accrued Interest through October 31, 2013. $ 26,918.54
(c) Late Fees. $ 170.80
(d) Escrow Advance. $ 39,182.60
(e) Force-Placed Hazard 9/12/12 through 6/14/14. $ 8,805.81
(f) Valuations Fee. $ 210.00
(g) Inspections Fee. $ 26.50
Total through October 31, 2013 $ 312,827.81
The per diem is $49.21645
(h) Attorney's Fees. $ 6,000.00
(i) Filing Fees and Court Costs. $ 1,017.13
0) Subpoena Fees. $ 710.00
(k) Title Search. $ 150.00
Grand Total $ 320,704.94
{M061 1847.1} 2
677
DocH 1956215
Bk# 2656 Pga 2337
4. The total sum referenced in Paragraph 3 shall bear interest from this date forward
at the prevailing legal rate of interest.
5. Plaintiff holds a lien for the total sum specified in Paragraph 3 herein. The lien of
the Plaintiff is superior in dignity to any right, title, interest or claim of the Defendants and all
persons, corporations, or other entities claiming by, through, or under the Defendants or any of
them and the property will be sold free and clear of all claims of the Defendants, with the
exception of any assessments that are superior pursuant to sections 718.116 or 720.3085, Florida
Statutes.. The Plaintiff's lien encumbers the subject property located in Monroe County, Florida
and described as:
On the Island of Key West and known on William A. Whitehead's Map
delineated in February A.D. 1829 as a part of Tract Nineteen (19), but
more particularly described as follows:
Lot Eight (8) in Square One (1) of said Tract Nineteen (19) according to the
Tropical Building and Investment Company's Subdivision of said
Tract Nineteen (19) duly recorded in Plat Book 1, page 34, Monroe
County, Florida Records. Commencing at a point on Eleanor Street
distant Three Hundred Forty-Six (346) feet, Nine (9) inches from the
corner of White and Eleanor Streets and running thence along Eleanor
Street in a Northeasterly direction Forty-Nine (49) feet, Four (4) inches;
thence at right angles in a Northwesterly direction Ninety-Two (92) feet, Six
(6) inches; thence at right angles in a Southwesterly direction FortyNine (49)
feet, Flour (4) inches; thence at right angles in a Southeasterly direction
Ninety-Two(92)feet,Six(6)inches to the place of beginning.
LESS AND EXCEPT:
A parcel of land on the Island of Key West and known on William A.
Whitehead's Map delineated in February, A.D. 1829, as a part of Tract 19
but now better known and described as part of Lot 8 in Square 1 of said
Tract 19, according to the Tropical Building & Investment Company's
Subdivision of said Tract 19 duly recorded in Plat Book 1, Page 34, of the
Public Records of Monroe County, Florida, said parcel being more
particularly described by metes and bounds as follows:
BEGIN at the Westerly corner of said Lot 8 and run thence Southeasterly
along the Southwesterly boundary line of the said Lot 8 for a distance of
20.08 feet; thence Northeasterly and at right angles for a distance of 2.00
feet; thence Northwesterly and at right angles for a distance of 20.08 feet
to the Northwesterly boundary line of the said Lot 8; thence Southwesterly
and a right angles along the Northwesterly boundary line of the said Lot 8
for a distance of 2.00 feet back to the Point of Beginning.
{M0611847.1) 3
678
Doca 1956215
Bka 2656 P9a 2338
6. If the total sum amount in Paragraph 3, together with interest at the rate described
in Paragraph 4 and all costs accrued subsequent to this judgment are not paid, the clerk of the
court shall sell the subject property at public sale on 201#
to the highest bidder for cash, except as prescribed in Paragraph 7, at 11:00 a.m. on the steps at
the old Monroe County Courthouse, 500 Whitehead Street, Key West, FL 33040, after having
first given notice as required by Section 45.031, Florida Statutes. At least three (3) days prior to
the sale, Plaintiff must pay the costs associated with the Notice of Publication. The clerk shall
not conduct the sale in the absence of the Plaintiff or its representative.
7. Plaintiff shall advance all subsequent required costs of this action and shall be
reimbursed for them by the Clerk if Plaintiff is not the purchaser of the property for sale. If
Plaintiff is the purchaser, the Clerk shall credit Plaintiff s 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. If a third party bidder is the purchaser, the third party bidder must pay the documentary
stamps attached to the certificate of title in addition to the bid.
8. 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 the Plaintiffs costs; second,
documentary stamps affixed to the Certificate, unless the property is purchased by a third party
bidder; third, Plaintiffs attorneys' fees; fourth, the total sum due to the Plaintiff, less the items
paid, plus interest at the rate prescribed in Paragraph 4 from this date to the date of the sale; and
by retaining any remaining amount pending further Order of this Court.
9. On filing of the Certificate of Title, defendant and all persons claiming under or
against defendant since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or
claim in the property and the purchaser at sale shall be let into possession of the property. On
filing of the Certificate of Sale, Defendants' right of redemption as proscribed by Florida
Statutes, Section 45.0315 shall be terminated
10. Pursuant to Florida Statutes, Section 45.031:
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 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 AT 305- WITHIN TEN (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.
{M0611847.11 4
679
Doc# 1956215
Bk# 2656 Pg# 2339
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 PHONE: (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 AT (305) 292-3566 FOR ASSISTANCE, YOU SHOULD DO SO AS SOON
AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.
11. Final judgment for monetary damages is entered in favor of IBERIABANK, at
1741 Main Street, 2nd Floor, Herald Tribune Building, Sarasota, Florida 34236, against
defendants Michael Chaustit a/k/a Michael J. Chaustit, whose address is 34 Palmetto Drive, Key
West, Florida 33040 and Karen Chaustit a/k/a Karen D. Chaustit, whose address is 1231 Flagler
Avenue, Key West, Florida 33040 in the grand total amount set forth in¶ 3 above, that shall bear
interest at the statutorily prescribed rate, for which let execution issue.
12. It is further ordered and adjudged that the judgment debtor(s) shall complete
under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all
required attachments, and serve it on the judgment creditor's attorney, or the judgment creditor if
the judgment creditor is not represented by an attorney, within 45 days from the date of this final
Judgment, unless the final judgment is satisfied or post-judgment discovery is stayed.
Jurisdiction of this case is retained to enter further orders that are proper to compel the judgment
debtor(s) to complete Form 1.977, including all required attachments, and serve it on the
judgment creditor's attorney, or the judgment creditor if the judgment creditor is not represented
by an attorney.
13. The Plaintiff may assign the judgment and credit bid by the filing of an
assignment prior to the issuance of the certificate of title without further order of the Court.
14. The Court retains jurisdiction of this action to enter further orders that are proper,
including, without limitation, orders authorizing writs of possession and an award of attorney's
fees, and to enter deficiency judgments if the borrower has not been discharged in bankruptcy.
ORDERED in chambers at Monroe Coun Fl rida, on bG'
, 2013.
i uit ourt Judge
{M 061 1847.1} 5
680
Copies furnished to: DocP 1956225
Bk# 2656 P9N 2340
Melissa A. Campbell, Esq.
Jones Walker, LLP
Miami Center
201 South Biscayne Blvd
Suite 2600
Miami, FL 33131
miamiservice@joneswalker.com
Counsel for plaintiff
Samuel J. Kaufman, Esq.
Law Offices of Samuel J. Kaufman
3130 Northside Drive
Key West, Florida 33040
service.foreclosurensamkaufmanlaw.com
Counsel for Defendants Michael Chaustit a/k/a Michael J. Chaustit
and Karen Chaustit a/k/a Karen D. Chaustit
Christine Limbert-Barrows, Esq.
Assistant Monroe County Attorney
Monroe County Attorney's Office
1111 12`" Street, Suite 408
Key West, Florida 33040
Limbert-Christinen,monroecounty-fl.gov
Counsel for Defendant, County of Monroe
City of Key West, Florida
via it's Mayor, Craig Cates
3128 Flagler Avenue
Key West, Florida 33040
Counsel for Defendant, City of Key West
Unknown Tenant 1 n/k/a Judith Burton
1231 Flagler Street
Key West, Florida 33040
Defendant
{M061 1847.1} 6
681
IN THE CIRCUIT COURT OF THE SIXTEENTH
JUDICIAL CIRCUIT, IN AND FOR MONROE
COUNTY, FLORIDA.
GENERAL JURISDICTION DIVISION
IBERIABANK,
CASE NO. 2013 CA 395 K
Plaintiff,
vs.
Doca 1956215
MICHAEL CHAUSTIT A/K/A Bkq 2656 Pga 2341
MICHAEL J. CHAUSTIT et. al,
Defendants.
FORM 1.977. FACT INFORMATION SHEET
(a) For Individuals.
FACT INFORMATION SHEET
Full Legal Name:
Nicknames or Aliases:
Residence Address:
Mailing Address(if different):
Telephone Numbers: (Home) (Business)
Name of Employer:
Address of Employer:
Position or Job Description:
Rate of Pay: $ per . Average Paycheck: $ per
Average Commissions or Bonuses: $ per
Commissions or bonuses are based on
Other Personal Income: $from(Explain details on the back of this sheet or an additional sheet if necessary.)
682
CASE NO. 2013 CA 395 K
Fact Information Sheet
Social Security Number: Birthdate:
Driver's License Number:
Marital Status: Spouse's Name:
................................................................................................................................................................................
Doca 2956215
Spouse Related Portion Bket 2656 Pg# 2342
Spouse's Address(if different):
Spouse's Social Security Number: Birthdate:
Spouse's Employer:
Spouse's Average Paycheck or Income: $per
Other Family Income: $ per(Explain details on back of this sheet or an additional sheet if necessary.)
Describe all other accounts or investments you may have, including stocks, mutual funds, savings bonds, or
annuities, on the back of this sheet or on an additional sheet if necessary.
Names and Ages of All Your Children(and addresses if not living with you):
Child Support or Alimony Paid: $per
2
683
CASE NO. 2013 CA 395 K
Fact Information Sheet
Names of Others You Live With:
Who is [lead of Your Household? You Spouse Other Person:
DocU 1956215
Checking Account at: Account# Bkp 2656 Pg# 2343
Savings Account at: Account#
For Real Estate(land)You Own or Are Buying:
Address:
All Names on Title:
Mortgage Owed to:
Balance Owed:
Monthly Payment: S
3
684
CASE NO. 2013 CA 395 K
Fact Information Sheet
(Attach a copy of the deed or mortgage, or list the legal description of the property on the back of this sheet or an
additional sheet if necessary. Also provide the same information on any other property you own or are buy-ing.)
For All Motor Vehicles You Own or Are Buying:
Doea 1956215
Bkp 2656 Pgp 2344
Year/Make/Model: Color:
Vehicle ID#: Tag No: Mileage:
Names on Title: Present Value: $
Loan Owed to:
Balance on Loan: $
Monthly Payment: $
(List all other automobiles, as well as other vehicles, such as boats,motorcycles,bicycles, or aircraft, on the back of
this sheet or an additional sheet if necessary.)
Have you given, sold, loaned, or transferred any real or personal property worth more than $100 to any person in the
last year? If your answer is —yes,ll describe the property, market value, and sale price, and give the name and
address of the person who received the property.
Does anyone owe you money? Amount Owed: $
Name and Address of Person Owing Money:
Reason money is owed:
4
685
CASE NO. 2013 CA 395 K
Fact Information Sheet
Please attach copies of the following: Doe$$ 1956215
Bkp 2656 Pgq 2345
a. Your last pay stub.
b. Your last 3 statements for each bank, savings, credit union, or other financial account.
c. Your motor vehicle registrations and titles.
d. Any deeds or titles to any real or personal property you own or are buying, or leases to property you are renting.
e. Your financial statements, loan applications, or lists of assets and liabilities submitted to any person or entity
within the last 3 years.
f. Your last 2 income tax returns filed.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE
AND COMPLETE.
Judgment Debtor Signature
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2012,by
who is personally known to me or has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal,this day of 12012
Notary Public
State of Florida
My Commission expires:
THE JUDGMENT DEBTOR SHALL FILE WITH THE CLERK OF THE COURT A NOTICE OF
COMPLIANCE AFTER THE ORIGINAL FACT INFORMATION SHEET,TOGETHER WITH ALL
ATTACHMENTS, HAS BEEN DELIVERED TO THE JUDGMENT CREDITOR'S ATTORNEY.
5
686
IN THE CIRCUIT COURT OF THE SIXTEENTH
JUDICIAL CIRCUIT, IN AND FOR MONROE
COUNTY, FLORIDA.
GENERAL JURISDICTION DIVISION
IBERIABANK,
CASE NO. 2013 CA 395 K
Plaintiff,
vs. Doca 1956215
Ska 2656 Pgp 2346
MICHAEL CHAUSTIT A/K/A
MICHAEL J. CHAUSTIT et. al,
Defendants.
FORM 1.977. FACT INFORMATION SHEET
(a) For Individuals.
FACT INFORMATION SHEET
Full Legal Name:
Nicknames or Aliases:
Residence Address:
Mailing Address(if different):
Telephone Numbers: (Home) (Business)
Name of Employer:
Address of Employer:
Position or Job Description:
Rate of Pay: $ per . Average Paycheck: $ per
Average Commissions or Bonuses: $ per
Commissions or bonuses are based on
Other Personal Income: $ from (Explain details on the back of this sheet or an additional sheet if necessary.)
687
CASE NO. 2013 CA 395 K
Fact Information Sheet
Social Security Number: Birthdate:
Driver's License Number:
Marital Status: Spouse's Name:
................................................................................................................................................................................
Docp 1956215
Spouse Related Portion Bkp 2656 Pgii 2347
Spouse's Address(if different):
Spouse's Social Security Number: Birthdate:
Spouse's Employer:
Spouse's Average Paycheck or Income: $per
Other Family Income: $ per(Explain details on back of this sheet or an additional sheet if necessary.)
Describe all other accounts or investments you may have, including stocks, mutual funds, savings bonds, or
annuities, on the back of this sheet or on an additional sheet if necessary.
Names and Ages of All Your Children(and addresses if not living with you):
Child Support or Alimony Paid: $per
2
688
CASE NO. 2013 CA 395 K
Fact Information Sheet
Names of Others You Live With:
Doc15
Who is Head of Your Household?You Spouse Other Person: Bk# 1
P Bkq 2656 P9p 2348
Checking Account at: Account#
Savings Account at: Account#
For Real Estate(land)You Own or Are Buying:
Address:
All Names on Title:
Mortgage Owed to:
Balance Owed:
Monthly Payment: $
3
689
CASE NO. 2013 CA 395 K
Fact Information Sheet
(Attach a copy of the deed or mortgage, or list the legal description of the property on the back of this sheet or an
additional sheet if necessary. Also provide the same information on any other property you own or are buy-ing.)
For All Motor Vehicles You Own or Are Buying:
Docp 1956215
Bk# 2656 Pg# 2349
Year/Make/Model: Color:
Vehicle ID#: Tag No: Mileage:
Names on Title: Present Value: S
Loan Owed to:
Balance on Loan: $
Monthly Payment: $
(List all other automobiles, as well as other vehicles, such as boats,motorcycles, bicycles, or aircraft,on the back of
this sheet or an additional sheet if necessary.)
Have you given, sold, loaned, or transferred any real or personal property worth more than $100 to any person in the
last year? If your answer is—yes,ll describe the property, market value, and sale price, and give the name and
address of the person who received the property.
Does anyone owe you money? Amount Owed: $
Name and Address of Person Owing Money:
Reason money is owed:
4
690
CASE NO. 2013 CA 395 K
Fact Information Sheet
Please attach copies of the following: Doeq 1956215
Bkq 2656 Pq# 2350
a. Your last pay stub.
b. Your last 3 statements for each bank, savings, credit union,or other financial account.
c. Your motor vehicle registrations and titles.
d. Any deeds or titles to any real or personal property you own or are buying, or leases to property you are renting.
e. Your financial statements, loan applications, or lists of assets and liabilities submitted to any person or entity
within the last 3 years.
f. Your last 2 income tax returns filed.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE FOREGOING ANSWERS ARE TRUE
AND COMPLETE.
Judgment Debtor Signature
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2012,by
who is personally known to me or has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal,this day of 12012
Notary Public
State of Florida
My Commission expires:
THE JUDGMENT DEBTOR SHALL FILE WITH THE CLERK OF THE COURT A NOTICE OF
COMPLIANCE AFTER THE ORIGINAL FACT INFORMATION SHEET,TOGETHER WITH ALL
ATTACHMENTS,HAS BEEN DELIVERED TO THE JUDGMENT CREDITOR'S ATTORNEY.
MONROE COUNTY
OFFICIAL RECORDS
5
691
Electr ically Filed 04/15/2013 04:13:00 PM ET
IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT IN AND FOR
MONROE COUNTY, FLORIDA
IBERIABANK,
CASE NO: C 3c1 S
Plaintiff,
V. NOTICE OF LIS PENDENS
MICHAEL CHAUSTIT A/K/A MICHAEL
J. CHAUSTIT, KAREN CHAUSTIT A/K/A DocN 1935158 05/30/2013 3:11PN
KAREN D. CHAUSTIT COUNTY OF MONROE 'i led & Recorded in YOfficial Records of
MONROE COUNTY AMY Ht: VILIN
FLORIDA,CITY OF KEY WEST,
FLORIDA, and UNKNOWN TENANTS 1
&2, DoCO 1935158
Defendants. SkU 2631 Pg# 392
TO: MICHAEL CHAUSTIT A/K/A MICHAELJ. CHAUSTIT; KAREN CHAUSTIT
A/K/A KAREN D.CHAUSTIT; COUNTY OF MONROE; FLORIDA,CITY OF
KEY WEST, FLORIDA,and UNKNOWN TENANTS 1 & 2,and ALL OTHERS
WHOM IT MAY CONCERN:
PLEASE TAKE NOTICE that IBERIABANK has instituted an action against you to
foreclose a mortgage on the following real property located in Monroe County, Florida:
On the Island of Key West and known on William A. Whitehead's Map
delineated in February A.D. 1829 as a part of Tract Nineteen (19), but
more particularly described as follows:
Lot Eight (8) in Square One (1) of said Tract Nineteen (19) according to
the Tropical Building and Investment Company's Subdivision of said
Tract Nineteen (19) duly recorded in Plat Book 1, page 34, Monroe
County, Florida Records. Commencing at a point on Eleanor Street
distant Three Hundred Forty-Six (346) feet, Nine (9) inches from the
corner of White and Eleanor Streets and running thence along Eleanor
Street in a Northeasterly direction Forty-Nine (49) feet, Four (4) inches;
thence at right angles in a Northwesterly direction Ninety-Two (92) feet,
Six (6) inches; thence at right angels in a Southwesterly direction Forty-
Nine (49) feet, Flour (4) inches; thence at right angles in a Southeasterly
direction Ninety-Two(92) feet, Six(6) inches to the place of beginning.
LESS AND EXCEPT:
{M0510036.1}
692
A parcel of land on the Island of Key West and known on William A.
Whitehead's Map delineated in February,A.D. 1829, as a part of Tract 19
but now better known and described as part of Lot 8 in Square 1 of said
Tract 19, according to the Tropical Building & Investment Company's
Subdivision of said Tract 19 duly recorded in Plat Book 1, Page 34, of the
Public Records of Monroe County, Florida, said parcel being more
particularly described by metes and bounds as follows:
BEGIN at the Westerly corner of said Lot 8 and run thence Southeasterly
along the Southwesterly boundary line of the said Lot 8 for a distance of
20.08 feet; thence Northeasterly and at right angles for a distance of 2.00
feet; thence Northwesterly and at right angles for a distance of 20.08 feet
to the Northwesterly boundary line of the said Lot 8; thence Southwesterly
and a right angles along the Northwesterly boundary line of the said Lot 8
for a distance of 2.00 feet back to the Point of Beginning.
Dated: April 12, 2013
JONES WALKER LLP
Counsel for Plaintiff
201 South Biscayne Blvd., Suite 2600
Miami, FL 33131
Tel. (305) 679-5700
Fax (305) 679-5710
Bkp 2631
Doep 8 Designated E-mail: miamiservice@'oneswalker.com
31 Pgp 393 g
By: /s/Melissa A. Campbell
Ben H. Harris,III, Esq.
Florida Bar No. 0049866
Melissa A. Campbell, Esq.
Florida Bar No. 0032090
MONROE COUNTY
OFFICIAL RECORDS
{M0510036.11 2
693
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 MICHAELJ.AND KAREN D. CHAUSTIT in the amount of$45,000.00 on September 25, 2008,
recorded on September 30, 2008, as Document#1713533, Book 2382, Page 508 of the public records of
Monroe County, Florida, secured by the property located at 1231 Flagler Avenue, Key West, Florida
33040; and
WHEREAS,the First Mortgagee (IBERIABANK)filed a foreclosure action as well as a Notice of Lis
Pendens on April 12, 2013,which was recorded on May 30, 2013 as Document#1935158, Book 2631,
Page 392; and
WHEREAS, a Final Judgment of Foreclosure was Ordered on October 31, 2013, Document
#1956215, Book 2656, Page 2335, and recorded November 1, 2013, sale by auction was set for February
28, 2014, and the property was sold to the highest bidder on February 28, 2014, Document#1970803,
Book 2673, Page 778 and recorded February 28, 2014; 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,OB FLORIDA RRE HOLDINGS, LLC took title to the property on March 12, 2014,
Document#1972223, Book 2674, Page 2046; and recorded on March 12, 2014.
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 1231 Flagler Avenue, Key West, Florida, 33040.
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
Christina Cory,Assistant Co my Attorney
694
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT, IN AND
FOR MONROE COUNTY, FLORIDA
Doc# 1970803 02/28/2014 4:07PN
Filed & Recorded
in official INords of GENERAL JURISDICTION DIVISION
MONROE
HEAV
CASE NO. 2013 CA 395 K
IBERIABANK, = :
Plaintiff, po
Bk# 2673 0gP 3 , sv
vs. 778
-aC _
MICHAEL CHAUSTIT A/K/A MICHAEL -, N
J. CHAUSTIT, KAREN CHAUSTIT A/K/A
KAREN D. CHAUSTIT, COUNTY OF MONROE,
FLORIDA, CITY OF KEY WEST,
FLORIDA, and UNKNOWN TENANTS 1
& 2,
Defendants.
CERTIFICATE OF SALE
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 Count Florida in the manner shown by the proof of publication attached, and on
Rbj yyhl � , the property was offered for public sale to the highest and
best bidder' or cash. The highest and best bid received for the property in the amount of
$ I M,C)C> was submitted by_ E �1 N U i\
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 the seal of the court on 20
J
AMY HEAVILIN, as Clerk
� t
Deputy Clerk
{M061 1164.1}
695
KEY -WEST J"
STATE OF FLORIDA
--urlim
- ' I'" fra-4.,. "tm COUNTY OF MONROE
Cooke Communications, LLC
Florida Keys
PO Box 1800 Before the undersigned authority personally appeared Tommy..Todd.',"who on
Key West FI 33041 oath says that he is Advertising Director of the Key West Citiz�A, a daily
Office....305-292-7777 newspaper published in Key West, in Monroe Countyz=Florida;-flat tl e"�,.
Extension...x219 attached copy of advertisement, being a legal notice in the matte :gf -
Fax.......305-295-8025
le-gals(ftevsnews com M
C-'IA VS �+
INTERNET PUBLISHING ����
keywest.com V !S l 7'/�I— 3 C� _ /� 3
keysnews.com =r;
floridakeys.com
key-west.com was published in said newspaper in the issue(s) of
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer Affiant further says that the Key West Citizen is a newspaper published in
Florida Keys Free Press Key West, in said Monroe County, Florida and that the said newspaper has
MARKETING SERVICES heretofore been continuously published in said Monroe County, Florida every
Commercial Printing day, and has been entered as second-class mail matter at the post office in Key
Direct Mail
West, in said Monroe County, Florida, for a period of 1 year next preceding
P'ORIDyA Main FKEYSec FI ES the first publication of the attached copy of advertisement; and affiant further
3420 Northside Drive says that he has neither paid nor promise an on, firm_ ration any
Key West, FL 33040-1800 discount, rebate, commission or refund for the . urpose of secu 'ng this
Tel 305-292-7777 advertisement for publication in the said newspaper.
Fax 305-294-0768
citizen rr,kevwest.com
Internet Division
Tel 305-292-1880 pomp 1970803
Fax 305-294-1699 Bk1s 2673 Pga 779 nature of Affiant
sales@keywest.com
Upper Keys Office I
91731 Overseas Hwy Sworn and subscribed before me this day of = b P,v/a - , 2014
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556 4, 41%r
DAWN KAWZIN`i+'..
free press@foridakeys.corn Notary Public: NOTARY PUBLlt-
=STATE OF FLURIQr
Comm#EE 157233
Expires 1/41201 F
Dawn Kawzinsky
Expires: 1/4/16 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
696
—IN CIRCUITa Northwesterly direction
IN T COURT OF Ninety-Two(92)feet,Six(6)
SIXTEENTH JUDICIAL CIRCUIT inches;thencerat right angles
IN AND FOR MONROE a Southwesterly direction
COUNTY, Forty-Nine 49 feet,Four(4)
GENERAL JURISDICTION inches;thence at right angles
DIVISIONin
Case Nd.2013 CA 395 K a Southeasterly rection
Ninety Two(92)feet,Six(6)
inches to the place of
IBERIABANK,
Plaintiff, beginning.
VS. LESS AND EXCEPT:
MICHAEL CHAUSTIT A/K/A A parcel of land on the Island
MICHAEL J.CHAUSTIT,KAREN of"Key West and known on William
CHAUSTIT A COUNTY
KAREN D. A.Whitehead's Map delineated
CHAUSTIT,COUNTY CI in February,A.D.1829,as a part
MONROE,,FLORIDA,A,CITY OF of Tract 9 but now better
KEY WEST,TENANTS
and known and described as part of
UNKNOWN TENANTS 1 &2, Lot 8 in Square 1 of said Tract
Defendants. 19,according to the Tropical
NOTICE OFSALE
A Building&Investment
EECLOSURE Company's Subdivision of said
Tract 19 duly recorded in Plat
NOTICE IS HEREBY GIVEN, Book 1,Page 34,of the Public
that the undersigned,Amy Records of Monroe County,
Florida,said parcel being more
Heavilin,Clerk of the Circuit particularly described by metes
Court and bounds as follows:
of Monroe County,Florida,as
pursuant to the Final Judgment of BEGIN at the Westerly corner of
Foreclosure entered in the above Southeasterly along the
Lot 8 and run thence
styled action,will,on February Southwesterly boundary line of
28,
2014 at 11:00 a.m.on the front the said 20.08 feetrthenctence o
steps of the Monroe CountyNortheasterly
Courthouse, 500 Whitehead
Street,Key West,Florida,offer for and at right angles for a
sale and sell at public outcry to distance of 2 ence
Northwesterlla dtatlright
the istance of
the folhighellt and boperrty forest biddsitua ed in angles
following property
t to the Northwesterly 08
Monroe County,Florida: boundary line of the said Lot 8;
thence Southwesterly and a
a right angles along the
0o On the Island of Key West and Northwesterl boundary line of
r` known on William A.
Whitehead's Map delineated in the said Lot 8 for a distance of
M I February A.D.1829 as a part of 2.00 feet backinn the Point of
OILTract Nineteen(19),but more00 Beginning.
particularly described as Any person claiming an interest
follows:
CDr1_ Lot Eight(a)in Square One(1) in
tr of said Tract Nineteen(19) the surplus from the sale,if any,
ua according to the Tropical other than the property owner as
p Y Building and Investment of the date of the lis pendens
01:0 Company's Subdivision of said must
Tract Nineteen(19)duly file a claim within Sixty(60)days
recorded in Plat Book 1,page after the sale.
34,Monroe County,Florida Amy Heavilin
Records.Commencing at a
point on Eleanor Street distant Clerk By:the CircuShontaMc eod it Court
Three Hundred Forty-Six(346) As Deputy Clerk
feet,Nine(9)inches from the
corner of White and Eleanor
Streets and running thence Ben H.Harris,III,Esq.
along Eleanor Street in a Jones Walker,LLP
Northeasterly direction 201 South Biscayne Blvd,Suite
Forty-Nine(49)feet,Four(4) 2600
inches;thence at right angles Tea(305)67957020
mi,FL 33131
in
Fax.(305)679-5710
February 14&21,2014
Key West Citizen
MONROE COUNTY
OFFICIAL RECORDS
697
Docp 1723533 09/30/2008 9:42AM
Filed 8 Recorded in Official Records of
This instrument was prepared by: MONROE COUNTY DANNY L. KOLHAGE
The Monroe County SHIP Program 09/30/2008 9:42AM
c% the Monroe County Housing Authority MORTGAGE DOC STAMP CL: RS $157.50
1400 Kennedy Drive
Key West, FL 33040 Docp 1713533
Bku 2382 Pgp 508
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 25"' day of September, 2008, between the Mortgagor,
MICHAEL J. & KAREN D. CHAUSTIT, 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 1 100 Simonton Street, Key West, Florida 33040 (herein the "Lender.")
WHEREAS, the Borrower has applied to ORION 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) for a Homebuyer Assistance
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
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 25, 2008 and extensions and renewals
thereof(herein "Note,") providing for payment of principal indebtedness if not sooner paid,
due and payable on September 25, 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:
See Exhibit ",4" attached
Which has the address of: 1231 Flagler Avenue, Key West, FL 33040
(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."
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
Page 1 may( 16/C- 698
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.
o
a
N
BORROWER FURTHER COVENANTS and agrees with the Lender as follows: N
w
v,
1. Payment. The Borrower shall promptly pay when due the indebtedness evidenced by the to wa
Note attached as Exhibit A. cn
m
co
2. Prior Mortgages and Deeds of Trust; Chary_es; Liens. Lender and Borrower
acknowledge and agree that this Mortgage is subject and subordinate in all respects to the
liens, terms, covenants and conditions of the First Mortgage and to all advances
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.
Any amounts disbursed by the Lender pursuant to this Paragraph 5, with interest thereon,
at the rate of twelve percent (12%) per annuin, 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
Page 2 4 - r__ C 699
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 v
any such inspection specifying reasonable cause therefor to the Lender's interest in the a nnn
Property. w
00 �
N r
7. Condemnation. The proceeds of any award or claim for damages, direct or w
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 m
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 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 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
the extent not prohibited by applicable law or limited herein.
12. Borrower's Cony. Borrower shall be furnished a conformed copy of the Note and of this
Mortgage at the time of execution or after recordation hereof.
(G-C
Page 3 700
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.
ao a
14. Transfer of the Property. If all or any part of the Property or any interest in it is sold, a a
transferred, gifted or otherwise conveyed, whether by voluntary act, involuntarily, by r^,
operation of law or otherwise, or if the Borrower is divested of title by judicial sale, levy n°'i CO
or other proceeding, or if foreclosure action is instituted against the Property, or if theto
First Mortgage is satisfied or refinanced, or if the Property is leased or rented, all sums a `�'
secured by this Mortgage shall immediately become due and payable as provided herein. 4A
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 repaid and a new mortgage to the purchaser provided should the
following conditions exist at the time of sale; (a) The prospective buyer(s) qualify under
SHIP Program income eligibility guidelines; (b) the transaction maintains the properties
affordability to the prospective buyer; (c) the properties long term affordability criteria are
recorded, enforced and for a period of not less than the term of the SHIP Program
mortgage and the transaction is consistent with such affordability criteria.
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
Page 4 YG 701
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.
w v
� o
ss o
18. Assignment of Rents; Appointment of Receiver. As additional security hereunder, the ro a
Borrower hereby assigns to the Lender the rents of the Property, provided that the N
Borrower shall, prior to acceleration under Paragraph 15 hereof or abandonment of the Qj
Property, have the right to collect and retain such rents as they become due and payable. a w
v,
Upon acceleration under Paragraph 15 hereof or abandonment of the Property, the Lender n
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 $45,000.00, TOGETHER WITH ACCRUED INTEREST, IF
ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER
THE TERMS OF THIS SECOND MORTGAGE.
�� 1--c--
Page 5 702
00cp 1713533
Signed, sealed, and delivered in the presence of: Bkp 2382 P9ts 513
Witness Signature Borrower Signature
Printed Name: ��i�Lx 'l�CL1�te'�1'1�GS Printed Name:
C � -
Witness Signature Borrower Signature
Printed Name: Ambe v N . Stu ct_. Printed Name: 'zCA-u 5. }-
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing was acknowledged before me this � day of September, 2008
by M i o'IC 'e t a- Ka rt.r who is personally known to me or
who has produced a valid driver license as identification and who did not take an oath.
Notary Signature
SEAL �z :gEs
na Printed Name: A-M-f ►-
Commission Number: _
My Commission Expires: A k&43. 217-0 0
THIS MORTGAGE IS GIVEN TO MONROE COUNTY AND IS SUBJECT TO PAYMENT OF DOCUMENTARY STAMP
TAXATION PURSUANT TO FLORIDA STATUTE 420.513
Page 6 703
Docu 1713533
Bkp 2382 P9U 514
EXHIBIT"A"
LEGAL DESCRIPTION-1231 Flagler Ave, Key West, FL
On the Island of Key West and known on Wm. A. Whitehead's snap delineated in
February A.D. 1829 as a part of Tract Nineteen (19),but more particularly described as
follows:
Lot Eight(8) in Square One (1) of said Tract Nineteen (19) according to the Tropical
Building and Investment Company's subdivision of said Tract Nineteen (19) duly
recorded in Plat Book(1), page 34, Monroe County, Florida Records. Commencing at a
point on Eleanor Street distant Three Hundred Forty-Six (346) feet,Nine (9) inches from
the corner of White and Eleanor Streets and running thence along Eleanor Street in a
Northeasterly direction Forty-Nine (49) feet; Four(4)inches; thence at right angles in a
Northwesterly direction Ninety-Two (92) feet, Six (6) inches; thence at right angles in a
Southwesterly direction Forty-nine (49) feet,Four(4)inches; thence at right angles in a
Southeasterly direction Ninety-two (92) feet, Six (6) inches to the place of beginning.
LESS AND EXCEPT:
A parcel of land on the Island of Key West and known on William A. Whitehead's Map
delineated in February, A.D. 1829, as a part of Tract 19 but now better known and
described as part of Lot 8 in Square 1 of said Tract 19, according to the Tropical Building
&Investment Company's Subdivision of said Tract 19 duly recorded in Plat Book 1, Page
34, of the Public Records of Monroe County, Florida,said parcel being more particularly
described by metes and bounds as follows:
BEGIN at the W'ly corner of the said Lot 8 and run thence SE'ly along the SW'ly
boundary line of the said Lot 8 for a distance of 20.08 feet; thence NE'ly and at right
angles for a distance of 2.00 feet; thence NW'ly and at right angles for a distance of 20.08
feet to the NW'ly boundary line of the said Lot 8;thence SW'ly and at right angles along
the NW'ly boundary line of the said Lot 8 for a distance of 2.00 feet back to the Point of
Beginning.
704
This instrument was prepared by:
Monroe County SI11P Program
c% the Monroe Housing Authority
1400 Kennedv Drive DocH 1713533
Kev West, FL 33040
Bkp 2382 PgN 515
THIS 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 25, 2008 City: Key West State: Florida
Name: MICHAEL J. & KAREN D. CHAUSTIT
Property Address: 1231 Flagler Avenue, Key West, Florida 33040
1. BORROWER'S PROMISE TO PAY
WE, MICHAEL J. & KAREN D. CHAUSTIT,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 25, 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 "frill 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 frill amount as required in Section 3 above, 1 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.
Pace 1 C�`� 705
Doca 1713533
Bkn 2382 PgN 516
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 25, 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.
Borrower Date
S/oo
Borrower Date
(SIGN ORIGINAL ONLY)
THIS PROMISSORY NOTE IS GIVEN TO MONROE COUNTY AND 15 EXEMPT FROM TAXATION PURSUANT TO
FLORIDA STATUTE 199.183
MONROE COUNTY
OFFICIAL RECORDS 706
P.- I
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 25, 2008 by MICHAEL J. AND KAREN D. CHAUSTIT, to Monroe County,
Florida and recorded on SEPTEMBER 30, 2008, in Official Records Book 2382,Page 508 Document#1713533
in the office of the Clerk of the Circuit Court ofMonroe County, State ofFlorida,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.-
(SEE EXHIBIT A ATTACHED)
Which has the address of.-1231 Flagler Avenue,Key West,Florida 33040
(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
(' 1� L �1 f Commission No:
Christina Cory,Assistant Coun Attorney
Commission Expires:
707