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HomeMy WebLinkAboutSHIP Mortgage and Promissory Note 11/05/2024 5?3l Bk#3319 P 1 12 Doc#249Page 1 of R.eeor ded 4/3f2�?� 1t�:3? Pam This instrument was prepared by: �DOe s m $�' °�� Records°# p p �' Recorded in(?_,,r,al Monroe CountySHIP Program Filed `� � K CPA 9 do Monroe County Social Services 1100 Simonton Street Key West, FL 33040 SHIP MORTGAGE TO SECURE LOAN FOR AFFORDABLE RENTAL CONSTRUCTION /REHABILITATION PROGRAM THIS SHIP MORTGAGE TO SECURE LOAN ("Mortgage") made this dayof OVM'" Y 202 , between the Archdiocese of Miami, doing business through Catholic Charities of the Archdiocese of Miami, Inc., a Florida Not for Profit Corporation, whose principal address is 1505 NE 26 Street, 2nd Floor, Wilton Manors, Florida 33305 (hereinafter referred to as "Mortgagor"), and MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as"Mortgagee"). A. Mortgagee is a recipient of SHIP funds pursuant to Chapter 420, Florida Statutes, and specifically Section 420.9072 et seq., and the associated administrative rules under Chapter 67, Florida Administrative Code (hereinafter referred to collectively as the"SHIP Rules and Regulations") and has agreed to loan a portion of Mortgagee's SHIP program funds to Mortgagor for purposes of affordable housing construction /rehabilitation activities for the Property (as defined herein). B. Mortgagor is indebted to Mortgagee in the principal sum of FOUR HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($400,000.00) ("Loan"), which indebtedness is evidenced by Mortgage's Promissory Note of even date herewith ("Note"), attached hereto as"Exhibit A". NOW,THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, Mortgagor does hereby mortgage, grant, and convey to Mortgagee the property described in "Attachment A," located in the County of Monroe, State of Florida, together with all improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, 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 are herein referred to as the"Property." Mortgagor agrees to secure to Mortgagee the payment of the Loan as evidenced in the Note, payable to Mortgagee, and agrees to comply with the terms and conditions of this Mortgage and Note, and the terms and conditions set forth in the SHIP Rules and Regulations, including the applicable affordability periods and eligibility conditions established by the Monroe County. The sums secured under this Mortgage are provided in the form of a zero percent (0%) interest rate, deferred payment, forgivable loan. Upon the expiration of the term of this Mortgage as provided in Section 2 hereof, so long as Mortgagor has complied with all the terms of this Mortgage and the Note, and no Event of Default (as defined below) has occurred or is occurring, the Mortgage shall be deemed satisfied and, upon request of Mortgagor, Mortgagee shall execute a Satisfaction of Mortgage. Mortgagor shall pay all costs of recordation of the Satisfaction of Mortgage, if any. If, however, the Mortgagor sells or transfers title to the Property used to secure this Mortgage prior to the full term of the Loan, or fails to comply with any terms and conditions of this Mortgage or the Note, and such other written agreements between the parties (to wit: SHIP Rental Monitoring Agreement), the outstanding principal amount of the Note securing this Mortgage shall immediately become due and payable to Mortgagee. This Mortgage is expressly made subject to, junior, inferior, and subordinate in payment and in all other respects to the lien, priority, terms and conditions, in those certain mortgages or declarations stated here: A. A Declaration of Restrictive Covenants given to United States Department of Housing and Urban Development, recorded in the Official Records of Monroe County, Florida, on November 17, 2004, Page 1 of 9 at Book 2059 and Page 1491, securing a grant award having an original value of One Hundred Eighty Thousand Dollars and Zero Cents ($180,000.00), dated April 22, 2004. B. A certain mortgage from the State of Florida Department of Children and Family Services (the"First Mortgagee")to Mortgagor recorded on June 24, 2008 at Book 2368 and Page 821 in the Official Records of Monroe County, Florida (the "First Mortgage") securing that certain promissory note having an original principal face amount of Ninety Two Thousand Dollars and Zero Cents ($92,000.00), dated May 30, 2008 (the"First Note"), made by Mortgagor and payable to First Mortgagee. This Mortgage is expressly made superior to the Land Use Restriction Agreement(LURA)given to Monroe County, FL (Mortgagee), recorded in the Official Records of Monroe County, Florida, on June 20, 2022, at Book 3180 and Page 1262. To the extent there is a conflict between the terms and conditions stated in the LURA and those in this Mortgage, this Mortgage shall prevail. Mortgagor hereby further covenants and agrees as follows: 1. Payment of Principal. Mortgagor shall pay when due the outstanding principal under the Note in accordance with the terms of the Note. 2. Term of Mortgage. The term of this Mortgage shall be fifteen (15)years from the date of execution of the Note. 3. Charges.Mortgagor shall pay, prior to becoming delinquent, all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any, when due, directly to the payee thereof. Mortgagor shall promptly furnish to Mortgagee receipts evidencing such payments. 4. Insurance. (a) Mortgagor 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 any other hazards, including but not limited to floods, for which Mortgagee requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Mortgagee requires. (b) The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Mortgagee's right to disapprove Mortgagor's choice, which right shall not be exercised unreasonably. All premiums on insurance policies shall be paid by Mortgagor, when due, directly to the insurance carrier. (c) All insurance policies required by Mortgagee and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Mortgagee as mortgagee and/or an additional loss payee. Mortgagee shall have the right to hold the policies and renewals thereof, and Mortgagor shall promptly furnish to Mortgagee all receipts of paid premiums. (d) In the event of loss, Mortgagor shall give prompt notice to the insurance carrier and the Mortgagee. Mortgagee may make proof of loss if not made promptly by Mortgagor. Unless Mortgagee and Mortgagor otherwise agree in writing, any insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would be impaired,the insurance proceeds shall be applied to the sums secured by this Mortgage with the excess, if any, paid to Mortgagor. (e) If Mortgagor abandons the Property, Mortgagee may file, negotiate, and settle any available insurance claim and related matters. If Mortgagor does not respond within thirty (30)days to a notice from Mortgagee that the insurance carrier has offered to settle a claim, then Mortgagee may settle the claim. In either event, Mortgagee is authorized to collect and apply the insurance proceeds at Mortgagee's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Page2of9 (f) If, under Section 16 hereof, the Property is acquired by Mortgagee, all right, title, and interest of Mortgagor in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property, prior to the sale or acquisition shall pass to Mortgagee to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 5. Purpose of Mortgage. It is expressly agreed and understood that this Mortgage secures the indebtedness and the obligation of the Mortgagor with respect to the Loan, as the same is evidenced by the Note, and all renewals, extensions, and modifications thereof. This Mortgage shall not be deemed released, discharged, or satisfied until the entire indebtedness evidenced by the Note is satisfied in full. 6. Representations and Warranties. Mortgagor represents and warrants that: (a) there are no actions, suits, or proceedings pending or threatened against or affecting Mortgagor or any portion of the Property, or involving the validity or enforceability of this Mortgage or the priority of its lien, (b) Mortgagor is not in default under any other indebtedness or with respect to any order, writ, injunction, decree, judgment or demand of any court or any governmental authority; and (c) in connection with the Loan, Mortgagor has not made any material misrepresentations of fact relating to Mortgagor's income and eligibility for the Loan. 7. Primary Resident. As an inducement for Mortgagee to make the Loan, Mortgagor hereby agrees to and covenants that Mortgagor will be the primary manager of the Property during the entirety of the term of the Mortgage and Note. 8. Care of Property. (a) No building or other structure or improvement, fixture or personal property mortgaged hereby shall be removed or demolished without the prior written consent of Mortgagee. Mortgagor will not make, permit, or suffer any alteration or addition to any building or other structure or improvement now or which may hereafter be erected or installed upon the mortgaged property, or any part thereof, except the improvements, if any, required to be made with the proceeds of the Loan, nor will Mortgagor use, or permit or suffer the use of, any of the Property for any purpose other than the purpose or purposes for which the same is now used, without the prior written consent of Mortgagee. (b) Mortgagor will maintain the Property in good condition and state of repair and will not suffer or permit any waste to any part thereof, impairment, or deterioration of the Property, or make or permit to be made to the Property any alterations or additions that would have the effect of materially diminishing the value thereof or take or permit any action that will in any way increase any ordinary fire or other hazard arising out of the construction or operation thereof and will promptly comply with all of the requirements of federal, state, and local governments, or of any departments, divisions or bureaus thereof, pertaining to such property or any part thereof. If all or any part of the Property shall be damaged by fire or other casualty, the Mortgagor shall promptly restore the Property to the equivalent of its original condition regardless of whether or not there shall be any insurance proceeds therefore. If the Property or any part thereof is damaged by fire or any other cause, the Mortgagor shall give immediate written notice of same as soon as practicable to Mortgagee. If a part of the Property shall be physically damaged through condemnation, the Mortgagor shall promptly restore, repair, or alter the remaining property in a manner satisfactory to the Mortgagee. Mortgagee's approval of such restorations, repairs, or alterations shall not be unreasonably withheld. 9. Transfer of the Property. No part of the Property or an interest therein shall be sold or transferred by Mortgagor without the written consent of Mortgagee. If Mortgagor sells or transfers any interest in the Property, the outstanding principal amount of the Note secured by this Mortgage shall become immediately due and payable. If the outstanding principal amount of the Note becomes due and payable, Mortgagee shall provide Mortgagor notice of acceleration, in accordance with Section 16 hereof. Mortgagor shall pay the sums declared due and payable within thirty (30) days after the date of the notice. If Mortgagor fails to timely pay such sums, Mortgagee may, without further notice or demand on Mortgagor, invoke any remedies permitted by Section 17 hereof. 10. Hazardous Substances. Mortgagor shall not use, generate, store, or dispose of Hazardous Materials on the Property. Mortgagor shall not do, nor allow anyone else to do, anything affecting the Property that is Page 3 of 9 in violation of any Environmental Laws. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Mortgagor shall promptly give Mortgagee written notice of any investigation, claim, demand, lawsuit, or other action, of which the Mortgagor has actual knowledge, by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Laws. If Mortgagor learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Mortgagor shall promptly take all necessary remedial actions in accordance with Environmental Laws, and provide Mortgagor notice thereof. As used in this section, "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Laws, including but not limited to the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this section, "Environmental Laws" means federal, state, and local laws of the jurisdiction where the Property is located that relate to health, safety, or environmental protection, including but not limited to the Federal Resource Conservation and Recovery Act and the Federal Comprehensive Environmental Response, Compensation and Liability Act. 11. Compliance with Laws. Mortgagor shall comply with all federal, state, and local laws applicable to the Loan and the Property, including all requirements of SHIP Rules and Regulations, and when applicable, the U.S. Department of Housing and Urban Development and 24 C.F.R. Part 570, as may be amended from time to time. 12. Protection of Mortgagee's Security. If Mortgagor fails to perform the covenants or agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Mortgagee's interest in the Property, including but not limited to eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankruptcy, Mortgagee, at Mortgagee's option, upon notice to Mortgagor, may make such appearances, disburse such sums and take such action as is necessary to protect Mortgagee's interest, including but not limited to disbursement of reasonable attorneys' fees and entry upon the Property to make repairs. 13. Inspection. Mortgagee may make or cause to be made reasonable entries upon and inspections of the Property, provided that Mortgagee shall give Mortgagor reasonable notice prior to any such inspection. 14. 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 Mortgagee. The proceeds referred to in this paragraph shall be applied to the sums secured by this Mortgage with the excess, if any, paid to Mortgagor. If the Property is abandoned by Mortgagor or, if after notice by Mortgagee to Mortgagor that the condemner offers to make an award or settle a claim for damages, Mortgagor fails to respond to Mortgagee within thirty (30) days after the date of such notice, Mortgagee is authorized to collect and apply the proceeds, at Mortgagee's option, either to restoration or repair of the Property, or to the sums secured by this Mortgage. 15. Event of Default.The term"Event of Default,"wherever used in this Mortgage, shall mean any one or more of the following events: (a) Failure by Mortgagor to duly keep, perform, and observe any other covenant, condition, or agreement in the Note or this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, for a period of ten (10) days after Mortgagor gives written notice specifying the breach. (b) If Mortgagor or any endorser or guarantor of the Note shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan, assignment for the benefit of creditors, receivership, dissolution, or similar relief under any present or future Federal Bankruptcy Act or any other present or future applicable federal, state, or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver, or liquidator of the Mortgage for all or any of the properties of Mortgagor or of any guarantor or endorser of the Note; or if within thirty (30) days after Page 4 of 9 commencement of any proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any reorganization,arrangement, composition, readjustment, liquidation, dissolution,debtor relief,or similar relief under any present or future federal, state, or other statute or law, such proceeding shall not have been dismissed or stayed on appeal; or if within the thirty (30) days after appointment without the consent or acquiescence of Mortgagor or of any endorser or guarantor of the Note, of any trustee, receiver, or liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Property, such appointment shall not have been vacated or stayed on appeal or otherwise; or if within ten (10) days after the expiration of any such stay, such appointment shall not have been vacated. (c) The entry by any court of last resort of a decision that an undertaking by the Mortgagor as herein provided to pay taxes, assessments, levies, liabilities, obligations or encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any law changing in any way or respect the laws now in force for the taxation of mortgages or debts secured thereby for any purpose or the manner of collection of any such taxes, so as to effect adversely this Mortgage or the debt secured hereby unless Mortgagor can and does in a proper and legal manner, pay any and all sums of whatever kind which may be incurred or charged under such new or modified law. (d) If foreclosure proceedings should be instituted on any mortgage inferior or superior to the Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which is not dismissed or transferred to bond within thirty (30) days after the service of foreclosure proceedings on Mortgagor. (e) Any default under any mortgage that is superior or inferior to the Mortgage. Mortgagor shall have the affirmative obligation to immediately notify Mortgage in writing of the occurrence or existence of any such default. (f) Any breach of any warranty or material untruth of any representation of Mortgagor contained in the Note or this Mortgage, or the SHIP Rental Monitoring Agreement, related to the funding assistance provided. (g) Any action prohibited herein; and any actions prohibited in the SHIP Rental Monitoring Agreement between the Mortgagor and Mortgagee. (h) The transfer of the Property. (i) The lease of the Property to a third party that is not consistent with the requirements of the SHIP Rental Monitoring Agreement between the Mortgagor and Mortgagee. (j) The abandonment or vacation of the Property by Mortgagor whereby said Mortgagor ceases to occupy and manage the Property. 16. Acceleration; Remedies. Upon the occurrence of an Event of Default, Mortgagee, prior to acceleration, shall mail notice to Mortgagor as provided in Section 20 hereof specifying: (1) the Event of Default; (2) the action required to cure such Event of Default; (3) a date, not less than thirty (30) days after the date the notice is received by Mortgagor, by which such Event of Default must be cured to the satisfaction of Mortgagee; and (4) that failure to cure such Event of Default on or before the date specified in the notice may result in any action in law or equity, as Mortgagee determines to be most effectual to enforce Mortgagor's obligations, including an action for specific performance, acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Mortgagor of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of an Event of Default or any other defense of Mortgagor to acceleration and foreclosure. If the Event of Default is not cured on or before the date specified in the notice, Mortgagee at its option may require immediate payment in full of all sums secured by this Mortgage without further demand and may foreclose this Mortgage by judicial proceeding. Mortgagee shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph, including but not limited to reasonable attorneys' fees and costs of title evidence. Page 5of9 17. Remedies Cumulative. All remedies provided in this Mortgage are separate, distinct, and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently, or successively. No act of Mortgagee shall be construed as an election to proceed under any provision or covenant herein to the exclusion of any other, notwithstanding anything herein to the contrary. 18. Mortgagor's Right to Reinstate. Notwithstanding the Mortgagee's right to acceleration of the sums secured by this Mortgage, Mortgagor shall have the right to have any proceedings initiated by Mortgagee to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Mortgagor pays Mortgagee all sums which would be then due under this Mortgage had no acceleration occurred; (b) Mortgagor cures all breaches of this Mortgage; (c) Mortgagor pays all reasonable expenses incurred by Mortgagee in enforcing the covenants and agreements of Mortgagor contained in this Mortgage, including but not limited to reasonable attorneys' fees; and (d) Mortgagor takes such action as Mortgagee may reasonably require to assure that the lien secured by this Mortgage, Mortgagee's interest in the Property and Mortgagor's obligation to pay the sums secured by this Mortgage shall remain in full force and effect as if no acceleration had occurred. Upon such payment and cure by Mortgagor, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Recordation.This Mortgage and the Note shall be recorded in the Official Records of Monroe County, Florida, by the Mortgagee at the expense of Mortgagor. 20. Notice. Except for any notice required under applicable law to be given in another manner, any notice to Mortgagor or Mortgagee provided for in this Mortgage shall be given by mailing such notice by certified mail, return receipt requested, addressed to the party for whom it is intended at such party's respective address set forth above in the introductory paragraph to this Mortgage. 21. Governing Law. This Mortgage shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Mortgage shall be in the state courts of the Sixteenth Judicial Circuit in and for Monroe County, Florida. If any claim arising from, related to, or in connection with this Mortgage must be litigated in federal court, the exclusive venue shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida.All meetings to resolve said dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism, will take place in this venue. The parties both waive any defense that the venue in Monroe County is not convenient. BY ENTERING INTO THIS MORTGAGE, MORTGAGOR AND MORTGAGEE HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS MORTGAGE. 22. Attorneys' Fees and Costs. As used in this Mortgage and in the Note, "attorney's fees" shall include those fees and costs, if any, which may be awarded by a trial or appellate court. 23. Jointly and Severally Bound. Mortgagor and others who may become liable for all or any part of the obligations under this Mortgage, hereby agree to be jointly and severally bound by this Mortgage and jointly and severally waive demand, protest, notice of nonpayment, and any and all lack of diligence or delays in collection or enforcement hereof, and specifically consent to any extension of time, release of any party liable for this obligation, including any maker, or acceptance of other security therefor. Any such extension or release may be made without notice to said party and without in any way affecting the liability of such party. 24. No Waiver; Mortgagor Not Released. It is expressly agreed and understood that a waiver by Mortgagee(which waiver shall only be valid if given in writing)of any right or rights conferred to it hereunder with regard to any one transaction or occurrence shall not be deemed a waiver of such right or rights to any subsequent transaction or occurrence. It is further agreed that any forbearance or delay by Mortgagee in enforcement of any right or remedy hereunder shall not constitute or be deemed a waiver of such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Mortgagee Page 6 of 9 shall not be a waiver of Mortgagee's right to accelerate the maturity of the indebtedness secured by this Mortgage. An extension of time for payment or a modification of the amortization of the sums secured by this Mortgage granted by Mortgagee to. Mortgagor or any successor in interest of Mortgagor shall not operate to release, in any manner,the liability of Mortgagor.or Mortgagor's successor in interest. Mortgagee shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify the amortization of the sums secured by this Mortgage by reason of any demand made by the Mortgagor or Mortgagor's successor in interest,: 25. Severability. If any provision, or part thereof, contained in this Mortgage is, for any reason, held to be invalid, illegal, unenforceable in any respect, or in conflict with applicable law, such invalidity, illegality, unenforceability, or conflict shall not affect any other provision (or remaining part of the affected provision) of this Mortgage, but this Mortgage shall be construed as if such invalid,.illegal, unenforceable, or conflicting provision (or part thereof) had never been contained herein, but only to the extent it is invalid, illegal, unenforceable, or in conflict with applicable law. 26. Captions. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. 27. Further Assurances. Mortgagor shall cooperate with Mortgagee to modify and re-record this.Mortgage and/or the Note to the extent modification is required (i)to correct any defect or error in the Mortgage and/or Note, or(ii)for compliance with applicable federal, state, or local law. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] Page 7 of 9 IN WITNESS WHEREOF, MORTGAGOR O 44 '� WIV � L , has executed this Mortgage. WITNESSES: MORTGAGOR: The Most Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Maimi, signing for himself and his successors in office, a corporation sole, doing business through Catholic Charities of the Archdiocese of Miami, )k 4_01 Inc.,a Florida Not for Profit Corporation Sign Name. By: + INNJEAA Print Name: M a I Cak Colfre_to._ Address15614J4 ( f- Wer • tim\eytolek, VLA;LtA FL.33D2 (Print or Type Name) 1 Sign Name: o Print Name: Gik h, Address: (9-0`�0d --%' , FL 3( D STATE OF FLORIDA SS: COUNTY OF The foregoing instrument was acknowledged before me, by means of physical presence or ❑ online notarization, this �9 day of , 20 ' by The Most Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Maimi, signing for himself and his successors in office, a corporation sole (and owner of the subject Property), doing business through the Florida Non-Profit Corporation registered as Catholic Charities of the Archdiocese of Miami, Inc., as President, who is personally known to me or who has produced --- as identification. [Notary Seal] y thA .. ,, Print Name: :;ic. MIN .��Y pie••. MAYRA NEULINA ROSSELL • a, 1•s`:; Notary Public-State of Florida Notary Public ; - oai Commission#HH 342576 Commission Number: -\ [;� tt 2, i ''•�;,��„�°�' My Comm.Expires Feb 10,2027 b Commission Expires: .r,J,. b ID 2 o Bonded through National Notary Assn. p Page 8 of 9 "Atta A" c men " To Mortaaue to Secure:Loan.for SHIP Activity Legal Description:,'PARCEL On the Island of Key.West and more particularly described as follows: :: Commencing at the intersection of the Southerly right of way line of Flagler Avenue and the Westerly right of way line (curb line) of Roosevelt Boulevard, in Key West, Florida, bear South 68°45'40" West along the Southerly right of way.line of Flagler Avenue for a distance of 7282.40 feet to a point, said point being the Northwesterly corner of the lands described in Official Records Book 19 at Page 275 of the Public Records of Monroe County;.Florida; thence S21'14'20"E along the Southwesterly.boundary line of the said lands described=in Official Records Book 19,at Page 275 of the Public Records of.Monroe County, Florida,for a distance of 158.10 feet to a point;thence N68°45'40"E for a distance of 13.00:feet to the Point of Beginning of the parcel of land hereinafter described,thence continue N68°45140"E for a distance of.1.46.50 feet to a point;thence.S21°14'20"E for a distance of 48.00 feet to a point;thence S68'45140 W for a distance of 146,50 feet to a point,thence N21 14'2011V for a distance of 48.00 feet back to the Point of Beginning.Said parcel of land contains 7,032.00 Square Feet,more or less. Parcel Identification:Number 00065090-000000 General Street Address:2700 Flager Ave.,;Key West,FL.33040 Post-Construction Mailing Address:.2720 Flager Ave.,.Units 1 through 10, Key West,FL 33040 toe.4.1.931XXIM Cr ft., i ,,,, ' 7Sel ss t•,m• r �. t _,.gyp _.. ---'t/ 56,,Ito vs , V ,.- r, o'-- v. p.f �. .R. SO 61150 ,.� y,.,� �`.. •. "• fry •. .. .. .. •. .ti ,g car . . ..►t+. pia•:"" .. .. .. if "PARCEL. •/...::-....:;---.,-:-.4..... t 1, * %1 Ap ?roved as to It al€orrn. :i f c 4„.4. vt.i.,. cZ.:41„4„,....„,,,' ,, Sri M.Lewis:. Page 9 of 9 . s start County•At'tor•ne Date 2/4/25 EXHIBIT A TO MORTGAGE SHIP PROMISSORY NOTE FOR AFFORDABLE RENTAL CONSTRUCTION /REHABILITATION PROGRAM Forgivable Loan $400,000.00 November 5 ,2024 FOR VALUE RECEIVED,the undersigned The Most Reverend Thomas G.Wenski, as Archbishop of the Archdiocese of Maimi, his successors in office, a corporation sole, doing business through Catholic Charities of the Archdiocese of Miami, Inc., a Florida Not for Profit Corporation, ("Maker"), whose address is 1505 NE 26 Street, 2nd Floor,Wilton Manors, FL 33305, promises to pay to the order of MONROE COUNTY, a political subdivision of the State of Florida ("Holder"),whose address is 1100 Simonton Street, Key West, Florida 33040, or such other location or address as Holder may from time to time designate in writing, the principal sum of FOUR HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($400,000.00) ("Loan")to be paid in lawful U.S.currency. 1. The real property("Property")securing this Loan is legally described as set forth in Attachment A, attached hereto and incorporated herein. This SHIP Promissory Note("Note") is secured by a SHIP Mortgage to Secure Loan("Mortgage")of even date herewith executed in favor of Holder, and recorded simultaneously therewith in the Official Records of Monroe County, Florida, encumbering the Property, subject to no exceptions. 2. Holder is a recipient of State Housing Initiatives Partnership Program ("SHIP") grant funds from the State of Florida pursuant to Section 420.9072 et seq.,Fla.Stat.,as may be amended from time to time. 3. The Loan provided under this Note is a zero percent (0%) interest rate, deferred payment, forgivable loan. Upon expiration of the term of the Mortgage securing this Note, which date is the fifteenth (15th)anniversary of the execution of this Note,the Mortgage shall be deemed satisfied. Upon request of Maker,Holder shall execute a Satisfaction of Mortgage,and the outstanding principal amount of this Note shall be forgiven. If, however, Maker sells or transfers title to the Property used to secure this Note prior to the full term of the Loan, or fails to comply with any terms and conditions of the Mortgage or this Note, the outstanding principal amount of this Note shall immediately become due and payable to Holder. 4. If this Note is reduced to judgment,such judgment shall bear the statutory interest rate on judgments. 5. This Note may be prepaid in whole or in part at any time,without penalty or premium.Any prepayment hereunder shall be applied first to unpaid costs of collection, servicing fees, and late charges, if any, then to accrued, deferred, and unpaid interest,and the balance, if any,to the principal balance. 6. In the event of a default by Maker of any term or condition of this Note, and if the same is enforced by an attorney at law, Maker hereby agree(s) to pay all costs of collection, including reasonable attorneys' fees. Notwithstanding any of the preceding provisions, Holder shall be entitled to collect a late fee on any principal amount due and payable by Maker, in such amount as may have been adopted by resolution of the Monroe County Board of County Commissioners at the time of the execution of this Note. 7. Except for any notice required under applicable law to be given in another manner, all notices under this Promissory Note shall be provided as specified in Section 20 of the Mortgage. 8. No delay or omission on the part of Holder in the exercise of any right hereunder shall operate as a waiver of such right or of any other right under this Note. No waiver of any of Holder's rights under this Note shall'be binding upon Holder unless Holder approves such waiver in writing.A waiver by Holder of any right or remedy conferred to it hereunder on any one occasion shall not be construed as a bar to, or waiver of,any such right or remedy as to any future,occasion. 9. This Note shall be interpreted and construed in accordance with and governed by the laws of the state of Florida.The exclusive venue for any lawsuit arising from,related to,or in connection with this Note shall be in the state courts of the Sixteenth Judicial Circuit in and for Monroe County, Florida. If any claim arising from, related to, or in connection with this Note must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida.BY ENTERING INTO THIS PROMISSORY NOTE,MAKER AND HOLDER HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS NOTE. 10. In the event that any provision of this Note is held to be unenforceable under the law, all remaining provisions of this Note shall be binding,valid,and enforceable. Page 1 of 3 IN WITNESS WHEREOF, MAKER, 111011KILS , has executed this Note. WITNESSES: MAKER: The Most Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Maimi, signing for himself and his successors in office, a corporation sole, doing business through Catholic Charities of the Archdiocese of Miami, Inc.,a Florida Not for Profit Corporation Sign Name: OA S 4"--7 L.,,1\)-- Print Name: " . geld0r Sign Name: qat (Print or Type Name) Print Name: Y{ic-( U 4-- STATE OF FLORIDA SS: COUNTY OF ) The foregoing instrument was ac nowledged before me, by means of physical presence or 0 online notarization, this .6 day of)J , 20 zit , by The Most Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Maimi, signing for himself and his successors in office, a corporation sole (and owner of the subject Property), doing business through the Florida Non-Profit Corporation registered as Catholic Charities of the Archdiocese of Miami, Inc., as President, who is personally known to me or who has produced as identification. [Notary Seal] Abb. Print - e: mmpeglayinoht, "''' MAYRA NEULINA ROSSELL Notary Public pU(f Notary Public-State of Florida Commission Number: k--\ ti C c. Commission#NH 34257 Commission Expires: . V_e_32,-- . 1 o / -2 �,2+ My Comm.Expires Feb 10,2027 Bonded through National Notary Assn, Page 2 of 3 .``ATTACHMENT A" . . ' • :. . .To SHIP:PROM . . . : • :Legal-QescniptioW.."PARCEL:C" ' .. • .. . • .. - .. . . . . •• : •• •••• : - . • • • . • •On-the island of Key West and more particularly described:as-follows: : • ' ' . . • •_. • :.Comenencing.at the intersection:of ithe Sobtherly right ht.of way line of Fla ler Avenue:and the Westerly rig ht.of way:line(curb line) ' • .: : - i.. • of Roosevelt Boulevard;In Key West.Florida,bear South 68'45 4U..West.along the Southerly right of way line of FIaglerAvenue. ' : •• . • • - : •for a distance.of 7282.40..feet to.a point,said point being:the Northwesterly:corner of.the lands described in Official Records Book. • ••. : : . • • 19 at Page 275 of the.Public Records of:Monroe:County,:Florida;thence S21014'20"E-along the Southwesterly boundary,line•of - •.• ... :• • :the said lands described in Official Records'Book 19,at Page;275.-of the•Public Records of.Monroe county,:Florida;for a distance l• .. • - - of 158..10 feet to a.'point;thence N68'45140"E fora:distance of 13:00:feetto the Point.of Beginning of.the parcel of land hereinafter: .•• . • : • .-described;•thence"continue N68[45 40 E.for a:distance'of 1.4050 feet to a:point,•thence 821 14 20 E for a distance of.48 00 feet. . •• :• : .to:a:point,thence S68 45.40"W for:a'distance•of 14650 feet.to,a.point;:thence N21°14'20 Vlt for a distance.of 48.00 feet back to . . : •the.P.oint•of..Beginning;.Said parcel-.af land contains 7,032,00 Square Feet,more:or less.. • ..:. • • - . . . •Parcel Identification.Number:004650907000000 7.. . • : . -• • •' . i General Street Address:2700 Flager Ave.,Key'West,FL 33040 : : - : • : :• • • : • • . • •• Post-Construction.-Mailing Address:.2720:.F.Iager.Ave:,,.Units•1 through 1 a,:Key West,.FL 33040.. .. : : :• :. . • •: . ' •. • .. .. • ' �t7t3�Y. • • • 1 .: • , , ... ... ...i . . . , . . . . . . .. . . . H . . . . • i,,,.. .,•,,...• • •. .. . . .. . .. . .. .. . . •• . -.'':47 7 4Z ap t :, °,r' • , . •,1 , . . . • •. • • Ai S.., i, . . -. .. .. . :.12frar•01, • • • .. • •. • • • • • • • • • • �'41 ,•i 2b7 4. ' '' .. . ' .. . • .. • • .. . , • • • • • • • • • • • • • • • • .. . •---' ••N.•• P+.�.a:.�.. • . • .. •• ..,i-cric,„12.2.;;*WV( •• . • • • • • •• , • • • • .• . ,• • . • . , • • •• • • • • . • • •. • •. , . ••. . •• • •• • •• • • • • . ''• V iit=s.. • .. • • ra aaa►,a.... . . •• j . ...PARCEL E. - ,1.: . . • " • • • : . 1 • • • ••• ' . • ‘. . : . - • . • - . • . • . . . • • • . . • • • • • • - • . * • • , _ , __, .., . __________ . - . • Eve. fi...Lewis. • • : : • •• • • • - - - • -Page 3:Of 3 . • . :. : :. - :As.s.itant:Cpuray Anprtley: : : .. • : • : :. • • • : - : • • Date: .2/4/25... • .