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SHIP Mortgage and Promissory Note 02/03/2025
• •• : : •• : : : : : • : : •• • : .: • : • Doe#2495733 Bk#3319 Pg#1826 • " • • Recorded 4/3/2025 10:32 AM Page 1 of 18 :This,•instrument:was.prepared..by: : .. : • .• MUT Doc Stamp$700.00 Monroe'CountySHIP Program: Filed and Recorded in Official Records of . c/o Monroe County.Social,.Services MONROE COUNTY KEVIN MADOK,CPA 1.100.•Simonton Street • • :Key: est FL:33:0:40: • . . : • • _ . ' MONROE COUNTY.STATE.HOUSING INITIATIVES'PARTNERSHIP(SHIP) PROGRAM : : : •.• f LEASEHOLD:MORTGAGE TO SECURE LOAN : • • : • FOR AFFORDA•BLE,RENTAL CONSTRUCTION/REHABILITATION.•STRATEGY : : : THIS S . IP LEASEHOLD .MORTGAGE: TO SECURE LOAN: .-( Mortgage) :made: this 3 day: of . -"�- :2025, 'b"etween.the.Habitat for Humanity of Key.West"and Lower Florida•Keys :Inc:.a Flo i •• : • Not:for°Profit Corporation;'whose principal:address is 471 Over"seas.-Hwy; Ste.."102; Key West,•FL:33040 : • •".(hereinafter"referred to as "Mortgagor'.), :and: •MON"R:OE•:COUNTY; a..political. subdivision•of.the: State of- : ••. lor.ida;,.:whose principal add•res.s.:is.."1,:1:00"Simonton.Street, Key West,:Florida 33040:(herein.after referred to as.«.Mortgagee").. ••. : • : • . : • • . : • • • • • • . Mortgagee is a•recipien.t..of:SHIP,funds.,pursuant to•Chapter 420, Florida Statutes,:and:s pecificall ••• : •• : • . :Section :420..907 •et :Seq.., ...and: the: :associated administrative r"u.les: under: Chapter 67 • Florida. : • : Administrative:Code(hereinafter referred:to collectively"asthe"SH.IP-Rules and Re u:lations" and,has •• :1• :..agree•d.•.•to lo•an.a portion:of:.•M•ortgage•e's:•SH•IP• ..progr•a•m:funds•to Mort•gago•r-•.for purposes of••affordable : rental housing construction/rehabilitation activities:upon:the•real:property identifiedby PIN:[00023300 : • .000000; located on:the island .of".Key .West and-.general.ly situated: at the corner:of:Pearl:Street:and - Eisenhower:Drive that:contains"the:following residential:rental:units •: Eisenhower:Dr.-, Unit 10.11. :Key'West; FL:33040:" . : • : 716••Eisenhower Dr:;.Unit. 1.02: Key West, .FL.33040 : . isenhower Dr.,.Unit 1.03,..Key:West,:FL 33040 7:16:Eisenhower Dr:: •Unit 104 Key West, •FL•33040: : . .716 EisenhOwer Dr.; Unit..1:05; Key West FL 33040: : • . : • : • 1 712:Eisenhower Dr; -Key West,.FL:33040 • :�7:14•E:isen"hower:Dr:.• ,:Key West-; FL 33040 •. • : " • • : " -. : : • • ..:.•• .:•• 703 Pearl Street,:Key West;,FL"3:3040 • •. . . •.• : : : ...705.Pearl:Street, Key West,•FL 33040. : : : : : : • : : • : : • •• 70.7.:Pear.l Street,:Key West:,. FL.:330:40. •• • • " " : • •.• . . : • • .• . : • . : .709 Pearl..Street,..Key:West,:FL 33040 . : : : • : • : • : : : : : : • : : ••. 709:Pearl Street.,-Unit 201 Key••West, :FL 33040 : •• : : • : : : • : • "(and..as more"specifically defined•herein; and:referred to as. Property":-"Attachment.A"): • .. • • B. ...Mortgagor is•indebted to Mortgagee"in.the principal sum of TWO:HUNDRED THOUSAND DOLLARS • AND,ZERO. CENTS($200,,000..00) which indebtedness is evidenced •by the Mort a. e's g9 . . -H.-Promissory Note•-of••even:.date herewith.,("Note"),:..atta.ched: hereto:as:"Exhibit.•A " omisso Promissory Note: • :• • : • The:.;Mortgagor..agrees.to: pay"the: principal 'amount,of. indebtedness..in :the:-."•Event..of.:Default," as•.: . .1: descri;b:ed.hereein:. Oth:e:rwise;:this. Mortgage.is provided as a::forg,ivable loan with i s•term of"fifteen (15) : • : • : • . • years yea :At•:the•expiration.of•the:fifteen.:(:1:5) year:period:starting:from""February 19;:2025.•(and•ending On • : : • -.•February:18, 2040, hereinafter: "Date.of Maturity"); if the: loan is: in good standing,..the :loan•:will be : : • forgiven-and deemed.satisfied:(in:full): . : • •: : • • • •• : .•_ C: Mortgagor.agrees one:.hundred"percent.(100%)•:of"the twelve"(12" housing :units:are set aside: .for•• •. . : • occupant s,who have.:annual :g:ross .incomes:equal .to:or."below:ei ht: percent: 80% . for the:Monroe : : " C etropoitn:Statistical. (MSA); as•:determined:by the"U:S.:Department of:•Housing:sand• • •. :nM " :.:Urban Development(HUD) on.:an :annual basis.:The•ifncome.,requirements'are required to remain in : • place•for the entire fifteen.(1.5)•:year:period. •• •• Page 1 of 12 •.• . • :NOW,•.THEREFORE,•FOR GOOD:AN.D VALUABLE CONS.IDERATION,:Mortgagor does hereby mortgage, . grantJa;nd r:convey.to.Mortgagee its leasehold interest in the..P.roperty..desc.ribed in:.."Attachment A;" located -•• : : : • in the County of•Mon:roe,• 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:r.ights'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.: • .• • •.• • '•• . : • •.• . : • •.- : • '.' : : • : • _. ': Mortgagor agrees:to:secure•to Mortgagee:the,payment.•of:the Loan:as evidenced in•th&Note,..payable to •.• •M•ot a ee and-a rees to:com I with•the:terms'and:conditions'of-this Mortgage and Note,.and•the:terms• • . g g., �, .g p.y� - . . . . 9 g . • . and.•conditions set forth in the SHIP: Rules and Regulations,:including:the applicable affordability periods •• and eligibility:conditions.:established by the'Monroe-.County;:or.such:other governmental-authority having ••. ,• .a currently:existing legal.interest in•the•Property, with.more restrictive-elig:ibility. requirements.. : •.• : •.• : • • .• 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•he(eof,.,so•long as•Mortgagor has.co•mplied:with all:the terms.of•this Mortgage:and.the:Note,:and no Event : -.• of:.Default'::(as defined•••below) has•occurred:or is..occurring;; the:.Mortga:ge•:shall be:deemed:satisfied.an•d, ••. . ,. :upon:•request•.of:Mortgagor,.Mortgage•e!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.•:thef Property:used:to-secure:this Mortgage-prior to•the full term of-th • Loan..or fails to comply with any : : : • .te•rms-:and:conditions'of this-Mortgage or the Note,:and.such other.written:ag•reements•.betwe:en•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: • : ; • -• Notwithstanding., •the..apparent: record ;Fee .Simple-title:owner(s) to. the•subject. Property: is•The':Housing Authority:of:the City of:Key West;.;Florida.,'a:public body, corporate:&.politic;:created:a:nd organized.-pursuant •. „.`-and in accordance with.th:e provisions:'of.the:•Housing••Authorities'-Law,•.cod:ified :as:Chapter•421,..Florida• Statutes,:as amended, pursuant to Personal:Representative'•s.Deed recorded:November 8;.2011, in Official : : Records,Book 2541;:Page• 869,. M.00rtga:gor•.expressly affirms and guarantees.its.lawful-right to•.enter into • this leasehold mortgage without:consent, written or oral,:of:said:Fee Simple:title owner.(s):. • • : • This Mortgage is-expressly made subject to:, junior,:inferior; an.d: subordinate in:payment:and in all•other • : respects to the-lien,-priority,-terms:an•d.•conditions, in'those certain mortgages•or declarations stated:here: a.) The.mortgage deed :given -by:The Housing- Authority•of the City of.Key West,: Florida:, in.favor of :Monroe:.County Comprehensive:P.lan.Land Authority; a•:land:authority. under Section 380:0663: 1 : • Fl;orida.Statutes;.anl:Monroe County Ordinance No. 031-:1986,:which is:re(orde:d:in Official Records - . Book 2541,:Page 877. . : b.)-The:mortgage given by•The Housing:Authority of the City:of:Key West,-Florida,-.in:favor.•of Monroe •.• : • : • • County,Comprehensive,.Plan Land: Authority,':a land authority.•.under:Section 380:06,63(1.); 'Florida- : :Statutes; and:Monroe County. Ordinance No.:031•-1•986,:which is:recorded •in Official:Records:Book -.• . . • • .2541 Page-885. ••. : .• : .. ,. : .' ,-- • • • 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,• .at:Book'3:194 and • Page ,1:442: To.:the extent.there.is aconfl:ict,.betwee:n•the terms and:conditions:stated in the:LU RA•.'and:those' • in this:Mortgage,-this•Mortg.a:ge:s:hall prevail::° •• •:•:•: : - • : • ..: : . • • : : • : .Mortgagor-�hereby:further covenants and:agrees:as'follows: • •• : : • - 1..•: :Payment of:Principal. Mortgagor Shall pay:when.'due the:ou:tstan:din:g• principal sunder the: Note in • ••.accordance:with the terms-of the•Note:'• • : • •: • ariq6butttG.Thig QV f] ICAO o a o g.ghEin C @ o o ITD^ lM a W fC4fid • 20m 0n. 1-3, 1U o u kfAiduKtn, Februa 18 24)40, Gt ©d p uP ,ood pan• o d n 0[1 r Q : • a Ll Ll c n (pfl{ /1 I�IVn` - .Page 2•of 12' ••• • • 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 a first priority 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. (f) If, under Section 16 hereof, the leasehold interest in 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 transfer, sale, or acquisition shall pass to Mortgagee to the extent of the sums secured by this Mortgage immediately prior to such transfer, 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 non-profit status and eligibility for the Loan. Page 3 of 12 7. Primary Manager. 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. Unless provided herein, the amount of the SHIP award will be due and payable in full upon sale or transfer of the property, or failure to comply with the terms of this SHIP Mortgage and Promissory Note, the SHIP Rental Monitoring Agreement, and the Land Use Restriction Agreement (LURA) executed by Mortgagor. The SHIP-assisted units under this strategy must maintain rents that do not exceed the rent maximums published annually by the Florida Housing Finance Corporation. For purposes of this paragraph, the term "transfer" does not apply to sub-leases to income eligible residents. 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 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 Page 4 of 12 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 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 • Page 5 of 12 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. SHIP recipients that offer rental housing for sale prior to the maturity date (fifteen (15) years) must give a right of first refusal to eligible non-profit organizations for purchase at the current market value for continued occupancy by eligible persons. (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/or 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. 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: Page 6 of 12 (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 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, Page 7 of 12 • 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. IN WITNESS WHEREOF, MORTGAGOR, HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC., has executed this Mortgage. WITNESSES: MORTGAGOR: HABITAT FOR MANITY OF KEY WES AND LOWER F • -IPA KEYS, I C. Sign Name: r") ✓``®` zz,‘,(4 Print Name: Gregory S. Oropeza 221 Simonton Street Address: Key West, FL 33040 i� 74c)ri (Print or ype Name) sch Sign Name: Print Name: Cof4-77,4*-2,,ted",r6" Address: 211-( J4,4-4-42 -nakAisl cr k:ate 1-4- ' rtio/44-4011 ZIO C� STATE OF FLORIDA SS: COUNTY OF o wrz9�; The foregoing instrume t was acknowledgeiibefore me, by means of Mphysical presence or❑ online notarization, this day of Fc,— , 20 25 by cfl1-*14, LIWe.'lairsi as eXeS_ ow" of HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC., Florida Non-Profit Corporation, who is personally known to me or who has produced as identificat [Notary Seal] Print Name: 's.A• P�av�;� GREGORY S. OROPEZA Notary Public tt?' ' '•:* Notary Public-State of Florida Commission Number: r ' Commission#HH 278836 V„,z,i1,1`.F.:'"c,:o.;')..1-„/ MyComm.Expires o7ro1i2o26 Commission Expires: Page 8 of 12 "Attachment A" To Leasehold Mortgage to Secure Loan for SHIP Activity Legal Description: Parcel A: (Entire Parcel) All of Lot 2 and Part of Lot 1 of Square 1 of Tract 7, all according to Albury's Subdivision of part of Tract 7, according to the Plat thereof, recorded in Deed Book"I", Page 389, in the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGINNING at the Southwesterly Right of Way Line of Eisenhower Drive as existing and constructed and the Northwesterly Right of Way Line of Newton Street; thence N 44°45'07" W along the said Southwesterly Right of Way Line of Eisenhower Drive for 98.90 feet; thence S 44°58'00" W (Southwest)for 179.48 feet to the Northwesterly (Northeasterly) Right of Way Line of Pearl Street; thence S 41°21'17" E along the said Northeasterly Right of Way Line of Pearl Street for 99.00 feet to the said Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E along the said Northwesterly Right of Way Line of Newton Street for 185.35 feet to the said Southwesterly Right of Way Line of Eisenhower Drive and the Point of Beginning. LESS: Parcel B: A parcel of land on the Island of Key West, known as part of Lot 1 of Square 1, Tract 7, according to Albury's Subdivision of part of Tract 7, as recorded in Deed Book "I", Page 389, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly right of way line of Pearl Street and the Northwesterly right of way line of Newton Street and run thence N 41°27'42" W along the Northeasterly right of way line of the said Pearl Street for a distance of 99.00 feet to the Northwesterly corner of lands described in Official Record Book 1045, at Page 2485, as recorded in the Public Records of Monroe County, Florida; thence N 44°58'00" E and along the Northwesterly boundary line of the said lands described in Official Record Book 1045, at Page 2485 for a distance of 57.50 feet to the Point of Beginning; thence continue N 44°58'00" E and along the Northwesterly boundary line of the said lands as described in Official Record Book 1045, at Page 2485 for a distance of 92.50 feet to the Southwesterly right of way line of Salt Pond Road as platted and shown in the said diagram as recorded in Deed Book "I", Page 389; thence S 41°27'42" E along the Southwesterly right of way line of Salt Pond Road as platted and shown in the said diagram for a distance of 2.81 feet; thence S 44°58'00"W for a distance of 92.33 feet; thence N 45°02'00"W for a distance of 2.80 feet back to the Point of Beginning. TOGETHER WITH: Parcel C: (Area to be given with 716 Eisenhower): A parcel of land on the Island of Key West, known as part of Lot 1 of Square 1, Tract 7, according to Albury's Subdivision of part of Tract 7, as recorded in Deed Book "I", Page 389, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly right of.way line of Pearl Street and the Northwesterly right of way line of Newton Street and run thence N 41°27'42" W along the Northeasterly right of way line of the said Pearl Street for a distance of 93.63 feet to the Southwesterly corner of lands described in Official Record Book 379, at Page 728, as recorded in the Public Records of Monroe County, Florida, said point also being the Point of Beginning; thence continue N 41°27'42"W along the Northeasterly right of way line of said Pearl Street for a distance of 5.37 feet to the Northwesterly corner of lands described in Official Record Book 1045, at Page 2485, of the said Public Records; thence N 44°58'00" E and along the Northwesterly boundary line Page 9 of 12 of the said lands described in Official Record Book 1045, at Page 2485 for a distance of 57.50 feet; thence S 45°02'00" E for a distance of 2.80 feet; thence N 44°58'00" E for a distance of 92.33 feet to the Southwesterly right of way line of Salt Pond Road as platted and shown in the said diagram as recorded in Deed Book "I", Page 389; thence N 41°27'42" W along the Southwesterly right of way line of said Salt Pond Road as platted and shown in the said diagram, for a distance of 2.81 feet to the Southeasterly corner of the said lands described in Official Record Book 379, at Page 728; thence S 44°56'50"W and along the said Southeasterly boundary line of said lands described in Official record Book 379, at Page 728 for a distance of 150.00 feet back to the Point of Beginning. LESS: Parcel D: (Area between Platted R/W and Existing R/W): A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's Subdivision of Part of Tract 7, as recorded in Deed Book"I", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: Commence at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E along the said Northwesterly Right-of-Way Line of Newton Street for 150.09 feet to the platted Right-of-Way Line of Eisenhower Drive and the Point of Beginning; thence continue N 44°59'53" E along the said Northwesterly Right-of-Way Line of Newton Street for 35.26 feet to the Southwesterly Right-of-Way line of Eisenhower Drive as existing and constructed; thence N 44°45'07" W along the said Southwesterly Right-of-Way Line of Eisenhower Drive as existing and constructed for 98.90 feet; then S 44°58'00"W for 29.48 feet to the platted Right-of-Way Line of Eisenhower Drive; thence N 41°24'22" E along the said platted Right-of-Way line of Eisenhower Drive for 99.02 feet to the said Northwesterly Right-of-Way line of Newton Street and the Point of Beginning. TOGETHER WITH AN EASEMENT OVER THE FOLLOWING PARCELS AS SET FORTH IN OFFICIAL RECORD BOOK 2526, PAGE 884 OF THE OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA. Parcel D: (Area between Platted R/W and Existing R/W): A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's subdivision of Part of Tract 7, as recorded in Deed Book"I", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: Commence at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E along the said Northwesterly Right-of-Way Line of Newton Street for 150.09 feet to the platted Right-of-Way Line of Eisenhower Drive and the Point of Beginning; thence continue N 44°59'53" E along the said Northwesterly Right-of-Way Line of Newton Street for 35.26 feet to the Southwesterly Right-of-Way line of Eisenhower Drive as existing and constructed; thence N 44°45'07" W along the said Southwesterly Right-of-Way Line of Eisenhower Drive as existing and constructed for 98.90 feet; then S 44°58'00"W for 29.48 feet to the platted Right-of-Way Line of Eisenhower Drive; thence N 41°24'22" E along the said platted Right-of-Way line of Eisenhower Drive for 99.02 feet to the said Northwesterly Right-of-Way line of Newton Street and the Point of Beginning. Parcel E: (Area of encroachment between Platted R/W and Existing R/W): A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's Subdivision of part of Tract 7, as recorded in Deed Book"I", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E. along the said Northwesterly Right of Way Line of Newton Street a distance of 185.35 feet to the Southwesterly Right of Way Line of Eisenhower Drive as existing and constructed; thence N. 44°45'07"W., along Page 10 of 12 said Southwesterly Right of Way Line of Eisenhower Drive, a distance of 86.86 feet to the Point of Beginning; thence N 44°45'07"W., and continuing along the said Southwesterly Right of Way Line of Eisenhower Drive a distance of 7.60 feet to the edge of a brick patio; thence meander a brick patio; thence S. 47°40'32" W., a distance of 6.01 feet; thence S. 04°06'05" W., a distance of 2.35 feet; thence S. 32°06'23" W., a distance of 2.51 feet; thence S. 48°03 '45" W., a distance of 9.90 feet; thence N. 44°51 '41" W., a distance of 5.71 feet; thence S. 44°58'00" W., a distance of 9.37 feet to the platted Right of Way Line of Eisenhower Drive; thence S. 41°24'22" E., along the said platted Right of Way Line of Eisenhower Drive and thru a building a distance of 52.21 feet; thence continue meandering a frame building, stairs and a porch; thence N. 45°11'10"E., a distance of 7.13 feet; thence N. 44°48'50"W., a distance of 9.40 feet; thence N. 45°11'10" E., a distance of 1.85 feet; thence N. 44°48'50" W., a distance of 5.28 feet; thence N. 45°11'10" E., a distance of 5.30 feet; thence S. 66°49'20" E., a distance of 4.99 feet; thence N. 02°21'35" W., a distance of 8.30 feet; thence S. 62°06'10"W., a distance 4.99 feet; thence N. 44°48'50"W., a distance of 16.05 feet; thence S. 45°11'10" W., a distance of 8.00 feet; thence N. 44°48'50" W., a distance of 6.40 feet; thence N. 44°53'28" E., a distance of 23.59 feet to the said Southwesterly Right of Way Line of Eisenhower Drive as existing and constructed and the Point of Beginning. Parcel F: (Area of encroachment, Building) A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's subdivision of part of Tract 7, as recorded in Deed Book"I", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E. along the said Northwesterly Right of Way Line of Newton Street a distance of 150.09 feet to a platted Southwesterly Right of Way Line of Eisenhower Drive; thence N 41°24'22" W., along the said platted Southwesterly Right of Way Line of Eisenhower Drive a distance of 86.86 feet to the outside wall of a 1 story Frame Building and the Point of Beginning; thence meander the said building for the following five (5) metes and bounds; (1) thence N 45°11'10" E., a distance of 7.13 feet; (2) thence N 44°48'50" W, a distance of 9.40 feet; (3) thence N 45°11'10" E, a distance of 1.85 feet; (4) thence N 44°48'50" W, a distance of 30.18 feet; (5) thence S 45°11'10" E, a distance of 6.62 feet to the said platted Southwesterly Right of Way Line of Eisenhower Drive; thence S 41°24'22" E, along the said platted Southwesterly Right of Way Line of Eisenhower Drive a distance of 39.65 feet to the Point of Beginning. Parcel G: (Area of encroachment, Wood deck) A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's Subdivision of part of Tract 7, as recorded in Deed Book"I", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E along the said Northwesterly Right of Way Line of Newton Street a distance of 150.09 feet to a platted Southwesterly Right of Way Line of Eisenhower Drive;thence N.41°24'22"W, along the said platted Southwesterly Right of Way Line of Eisenhower Drive a distance of 86.86 feet to the outside wall of a 1 Story Frame Building; thence meander the said building for the following four(4) metes and bounds; (1) thence N 45°11'10" E, a distance of 7.13 feet; (2) thence N 44°48'50"W, a distance of 9.40 feet; (3) thence N 45°11'10" E, a distance of 1.85 feet; (4) thence N 44°48'50" W, a distance of 5.28 feet to a wood deck and the Point of Beginning; thence meander the said wood deck for the following six(6) metes and bounds; (1)thence N 45°11'10" E, a distance of 5.30 feet; (2) thence S 66°49'20"E, a distance of 4.99 feet; (3) thence N 02°21'35" W, a distance of 8.30 feet; (4) thence S 62°06'10" W, a distance of 4.99 feet; (5) thence N 44°48'50" W, a distance of 16.05 feet; (6) thence S 45°11'10" W, a distance of 8.00 feet to the outside wall of the said One Story Frame Building; thence S 44°48'50" E, along the said outside wall of the building for 19.00 feet to the Point of Beginning. Page 11 of 12 Legal Description Examiner's Notes: 1. Benj. Albury's Diagram is recorded in Deed Book I, Page 389. Reference to Deed Book I, Page 239 herein, appears to be in error. 2. In Parcel "D", the call of N 41°24'22" E in both the lessout and easement legal descriptions appears to be in error. It would appear that this call should run in a Southeasterly direction. For avoidance of doubt, the rough sketch below is provided: Qi ,..., rilr I 1 K.61-. 1 7/47 s L ...' __?-7-5 ---1_, ._ ' . rA ) •6 ,c,,,,,T11 %.'''.) Page 12 of 12 . "EXHIBIT A" TO LEASEHOLD MORTGAGE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM PROMISSORY NOTE AFFORDABLE RENTAL CONSTRUCTION /REHABILITATION STRATEGY Forgivable Loan $ 200,000.00 Pe° 2025 FOR VALUE RECEIVED, the undersigned HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC., a Florida Not for Profit Corporation, ("Maker"), whose address is 471 Overseas Hwy, Ste. 102, Key West, FL 33040, 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 TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($200,000.00) ("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 State Housing Initiatives Partnership (SHIP) Program 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 SHIP grant funds from the State of Florida pursuant to Section 420.907 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 fifteen (15)years from February 19,2025(Date of Maturity: February 18,2040), and if the loan is in good standing, 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. For purposes of this paragraph, the term "transfer" does not apply to sub-leases to income eligible residents. 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. IN WITNESS WHEREOF, MAKER, HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC., has executed this Note. WITNESSES: MAKER: HABITAT FOR HUMANITY OF KEY WES AND LOWER FLOR,p A KEYS ---2 Sign Name. - Print Name: Gregory S. Oropeza 221 Simonton Street fr h /4 Address: Key West, FL 13040 (Print or Ty e Name) Sign Name: V-747 I--eC4( Print Name: )m r Address: 20( Jji jZ'v&7 / 74 336716 STATE OF FLORIDA SS: COUNTY OF YjrC ) The foregoing insSup.wit was acknowledge before me, by means of dTphysical presence or❑ online notarization, this day of , 20 by r b A1 k( nr'ias c, PO( of HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC., Florida Non-Profit Corporation, who is personally known to me or who has produced as identification. [Notary Seal] -- s - a• Print Name: Notary Public :rr�o;;!P•t GREGORY S. OROPEZA k; :*-9 Notary Public-State of Florida Commission Number: ;,,�,•,,�, = Commission Expires: Commission#HH 27 �36 7,. .,?�••••0f My Comm.Expires 07/01/2026 "ATTACHMENT A"to STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM PROMISSORY NOTE AFFORDABLE RENTAL CONSTRUCTION/REHABILITATION STRATEGY Legal Description: Parcel A: (Entire Parcel) All of Lot 2 and Part of Lot 1 of Square 1 of Tract 7, all according to Albury's Subdivision of part of Tract 7, according to the Plat thereof, recorded in Deed Book"I", Page 389, in the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGINNING at the Southwesterly Right of Way Line of Eisenhower Drive as existing and constructed and the Northwesterly Right of Way Line of Newton Street; thence N 44°45'07" W along the said Southwesterly Right of Way Line of Eisenhower Drive for 98.90 feet; thence S 44°58'00" W (Southwest) for feet to the Northwesterly (Northeasterly) Right of Way Line of Pearl Street; thence S 41 21,17 E along the said Northeasterly Right of Way Line of Pearl Street for 99.00 feet to the said Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E along.the said Northwesterly Right of Way Line of Newton Street for 185.35 feet to the said Southwesterly Right of Way Line of Eisenhower Drive and the Point of Beginning. LESS: Parcel B: A parcel of land on the Island of Key West, known as part of Lot 1 of Square 1, Tract 7, according to Albury's Subdivision of part of Tract 7, as recorded in Deed Book "I", Page 389, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly right of way line of Pearl Street and the Northwesterly right of way line of Newton Street and run thence N 41°27'42" W along the Northeasterly right of way line of the said Pearl Street for a distance of 99.00 feet to the Northwesterly corner of lands described in Official Record Book 1045, at Page 2485, as recorded in the Public Records of Monroe County, Florida;thence N 44°58'00" E and along the Northwesterly boundary line of the said lands described in Official Record Book 1045, at Page 2485 for a distance of 57.50 feet to the Point of Beginning; thence continue N 44°58'00" E and along the Northwesterly boundary line of the said lands as described in Official Record Book 1045, at Page 2485 for a distance of 92.50 feet to the Southwesterly right of way line of Salt Pond Road as platted and shown in the said diagram as recorded in Deed Book "I", Page 389; thence S 41°27'42" E along the Southwesterly right of way line of Salt Pond Road as platted and shown in the said diagram for a distance of 2.81 feet; thence S 44°58'00"W for a distance of 92.33 feet; thence N 45°02'00"W for a distance of 2.80 feet back to the Point of Beginning. TOGETHER WITH: Parcel C: (Area to be given with 716 Eisenhower): A parcel of land on the Island of Key West, known as part of Lot 1 of Square 1, Tract 7, according to Albury's Subdivision of part of Tract 7, as recorded in Deed. Book "I", Page 389, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly right of way line of Pearl Street and the Northwesterly right of way line of Newton Street and run thence N 41°27'42" W along the Northeasterly right of way line of the said Pearl Street for a distance of 93.63 feet to the Southwesterly corner of lands described in Official Record Book 379, at Page 728, as recorded in the Public Records of Monroe County, Florida, said point also being the Point of Beginning; thence continue N 41°27'42"W along the Northeasterly right of way line of said Pearl Street for a distance of 5.37 feet to the Northwesterly corner of lands described in Official Record Book 1045, at Page 2485, of the said Public Records; thence N 44°58'00" E and along the Northwesterly boundary line of the said lands described in Official Record Book 1045, at Page 2485 for a distance of 57.50 feet; thence S 45°02'00" E for a distance of 2.80 feet; thence N 44°58'00" E for a distance of 92.33 feet to the Southwesterly right of way line of Salt Pond Road as platted and shown in the said diagram as recorded in Deed Book "I", Page 389; thence N 41°27'42" W along the Southwesterly right of way line of said Salt Pond Road as platted and shown in the said diagram, for a distance of 2.81 feet to the Southeasterly corner of the said lands described in Official Record Book 379, at Page 728; thence S 44°56'50"W and along the said Southeasterly boundary line of said lands described in Official record Book 379, at Page 728 for a distance of 150.00 feet back to the Point of Beginning. LESS: Parcel D: (Area between Platted R/W and Existing R/W): A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's Subdivision of Part of Tract 7, as recorded in Deed Book"I", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: Commence at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E along the said Northwesterly Right-of-Way Line of Newton Street for 150.09 feet to the platted Right-of-Way Line of Eisenhower Drive and the Point of Beginning; thence continue N 44°59'53" E along the said Northwesterly Right-of-Way Line of Newton Street for 35.26 feet to the Southwesterly Right-of-Way line of Eisenhower Drive as existing and constructed; thence N 44°45'07" W along the said Southwesterly Right-of-Way Line of Eisenhower Drive as existing and constructed for 98.90 feet; then S 44°58'00"W for 29.48 feet to the platted Right-of-Way Line of Eisenhower Drive; thence N 41°24'22" E along the said platted Right-of-Way line of Eisenhower Drive for 99.02 feet to the said Northwesterly Right-of-Way line of Newton Street and the Point of Beginning. TOGETHER WITH AN EASEMENT OVER THE FOLLOWING PARCELS AS SET FORTH IN OFFICIAL RECORD BOOK 2526, PAGE 884 OF THE OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA. Parcel D: (Area between Platted R/W and Existing R/W): A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's subdivision of Part of Tract 7, as recorded in Deed Book"I", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: Commence at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E along the said Northwesterly Right-of-Way Line of Newton Street for 150.09 feet to the platted Right-of-Way Line of Eisenhower Drive and the Point of Beginning; thence continue N 44°59'53" E along the said Northwesterly Right-of-Way Line of Newton Street for 35.26 feet to the Southwesterly Right-of-Way line of Eisenhower Drive as existing and constructed; thence N 44°45'07" W along the said Southwesterly Right-of-Way Line of Eisenhower Drive as existing and constructed for 98.90 feet; then S 44°58'00"W for 29.48 feet to the platted Right-of-Way Line of Eisenhower Drive; thence N 41°24'22" E along the said platted Right-of-Way line of Eisenhower Drive for 99.02 feet to the said Northwesterly Right-of-Way line of Newton Street and the Point of Beginning. Parcel E: (Area of encroachment between Platted R/W and Existing R/W): A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's Subdivision of part of Tract 7, as recorded.in Deed Book"I", Page 239, in the Public Records of Monroe County, Florida,said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E. along the said Northwesterly Right of Way Line of Newton Street a distance of 185.35 feet to the Southwesterly Right of Way Line of Eisenhower Drive as existing and constructed; thence N. 44°45'07"W., along said Southwesterly Right of Way Line of Eisenhower Drive, a distance of 86.86 feet to the Point of Beginning; thence N 44°45'07"W., and continuing along the said Southwesterly Right of Way Line of Eisenhower Drive a distance of 7.60 feet to the edge of a brick patio; thence meander a brick patio; thence S. 47°40'32" W., a distance of 6.01 feet; thence S. 04°06'05" W., a distance of 2.35 feet; thence S. 32°06'23" W., a distance of 2.51 feet; thence S. 48°03 '45" W., a distance of 9.90 feet; thence N. 44°51 '41" W., a distance of 5.71 feet; thence S. 44°58'00" W., a distance of 9.37 feet to the platted Right of Way Line of Eisenhower Drive; thence S. 41°24'22" E., along the said platted Right of Way Line of Eisenhower Drive and thru a building a distance of 52.21 feet; thence continue meandering a frame building, stairs and a porch; thence N. 45°11'10"E., a distance of 7.13 feet; thence N. 44°48'50"W., a distance of 9.40 feet; thence N. 45°11'10" E., a distance of 1.85 feet; thence N. 44°48'50" W., a distance of 5.28 feet; thence N. 45°11'10" E., a distance of 5.30 feet; thence S. 66°49'20" E., a distance of 4.99 feet; thence N. 02°21'35" W., a distance of 8.30 feet; thence S.62°06'10"W., a distance 4.99 feet;thence N. 44°48'50"W., a distance of 16.05 feet; thence S. 45°11'10" W., a distance of 8.00 feet; thence N. 44°48'50" W., a distance of 6.40 feet; thence N. 44°53'28" E., a distance of 23.59 feet to the said Southwesterly Right of Way Line of Eisenhower Drive as existing and constructed and the Point of Beginning. Parcel F: (Area of encroachment, Building) A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's subdivision of part of Tract 7, as recorded in Deed Book"I", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E. along the said Northwesterly Right of Way Line of Newton Street a distance of 150.09 feet to a platted Southwesterly Right of Way Line of Eisenhower Drive; thence N 41°24'22" W., along the said platted Southwesterly Right of Way Line of Eisenhower Drive a distance of 86.86 feet to the outside wall of a 1 story Frame Building and the Point of Beginning; thence meander the said building for the following five (5) metes and bounds; (1) thence N 45°11'10" E., a distance of 7.13 feet; (2) thence N 44°48'50" W, a distance of 9.40 feet; (3) thence N 45°11'10" E, a distance of 1.85 feet; (4) thence N 44°48'50" W, a distance of 30.18 feet; (5) thence.S 45°11'10" E, a distance of 6.62 feet to the said platted Southwesterly Right of Way Line of Eisenhower Drive; thence S 41°24'22" E, along the said platted Southwesterly Right of Way Line of Eisenhower Drive a distance of 39.65 feet to the Point of Beginning. Parcel G: (Area of encroachment, Wood deck) A parcel of land on the Island of Key West, known as part of Lot 1 & Lot 2, of Square 1, Tract 7, according to Albury's Subdivision of part of Tract 7, as recorded in Deed Book"I", Page 239, in the Public Records of Monroe County, Florida, said parcel being more particularly described as follows: COMMENCE at the intersection of the Northeasterly Right of Way Line of Pearl Street and the Northwesterly Right of Way Line of Newton Street; thence N 44°59'53" E along the said Northwesterly Right of Way Line of Newton Street a distance of 150.09 feet to a platted Southwesterly Right of Way Line of Eisenhower Drive;thence N.41°24'22"W, along the said platted Southwesterly Right of Way Line of Eisenhower Drive a distance of 86.86 feet to the outside wall of a 1 Story Frame Building; thence meander the said building for the following four(4) metes and bounds; (1) thence N 45°11'10" E, a distance of 7.13 feet; (2) thence N 44°48'50"W, a distance of 9.40 feet; (3) thence N 45°11'10" E, a distance of 1.85 feet; (4) thence N 44°48'50" W, a distance of 5.28 feet to a wood deck and the Point of Beginning; thence meander the said wood deck for the following six(6) metes and bounds; (1)thence N 45°11'10" E, a distance of 5.30 feet; (2)thence S 66°49'20"E, a distance of 4.99 feet; (3) thence N 02°21'35" W, a distance of 8.30 feet; (4) thence S 62°06'10" W, a distance of 4.99 feet; (5) thence N 44°48'50" W, a distance of 16.05 feet; (6) thence S 45°11'10" W, a distance of 8.00 feet to the outside wall of the said One Story Frame Building; thence S 44°48'50" E, along the said outside wall of the building for 19.00 feet to the Point of Beginning. Legal Description Examiner's Notes: 1. Benj. Albury's Diagram is recorded in Deed Book I, Page 389. Reference to Deed Book I, Page 239 herein, appears to be in error. 2. In Parcel "D", the call of N 41°24'22" E in both the lessout and easement legal descriptions appears to be in error. It would appear that this call should run in a Southeasterly direction. For avoidance of doubt, the rough sketch below is provided: (LI rE,_ -----tea•...._-_- _..._ .... _ --% ) )0, I,(.L.,) iu, (26-- 1 q /-2 r..-", i, Q el t, ldd CI) ---X-)5' i k _ — -- ''''1,., _ N___ ----------''::\r'-,..,,„._.__ ) --.-,, ;IF 4.--- -7dc7,7 :4--foe, . �r ', 3 ,,ir.,;vo 1 (LA-v:1T i 04-f IA),