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MORTGAGE SUBORDINATION AGREEMENT (2)THIS INSTRUMENT PREPARED BY AND RETURN TO: Terry Malcolm -Smith City of Clearwater Economic Development & Housing P. O. Box 4748 Clearwater, FL 33758-4748 MORTGAGE SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (hereinafter referred to as "Agreement"), made and entered into this day of December, 2021, by and among PABLO LUIS RODRIGUEZ ARIAS and ODALYS MARIA PACIOS CHAVIANO, husband and wife. whose address is 1445 Union Street, Clearwater, Florida 33755 (hereinafter referred to as "Borrower"); and the City of Clearwater, whose address is P. O. Box 4748, Clearwater, Florida 33758-4748, (hereinafter referred to as "Subordinating Party"); in favor of BANK OF AMERICA, NA., and/or its successors and assigns, whose address is 7105 Corporate Drive, Plano, TX 75024, (hereinafter referred to as "Lender") RECITALS WHEREAS, the Borrower is the owner of that certain real property described in Exhibit "A" attached hereto and made a part hereof by reference (hereinafter referred to as "Property") located in Pinellas County, Florida; and WHEREAS, the Subordinating Party has an interest in the above-described Property by virtue of that certain Mortgage and Note in the amount of Fourteen Thousand Dollars and 00/100 ($14,000.00), originally given by Borrower to the Subordinating Party, dated the 26th day of August 2015 and recorded 10th day of September 2015 in O.R. Book 18916, Page 937 et seq., in the Public Records, Pinellas County, Florida; and WHEREAS, the Lender has agreed to make a loan to the Borrower in the amount of One Hundred & Fifteen Thousand Dollars and 00/100 ($115,000.00) to be secured by the Property, provided that Lender is given a first lien priority in and to said Property, which lien is to be superior to the interest of the Subordinating Party as described above; and WHEREAS, the Subordinating Party desires to subordinate its interest in the Property to the interest created in the Lender by virtue of its contemplated mortgage and other loan documents. Mortgage Subordination Agreement between the CITY OF CLEARWATER, PABLO LUIS RODRIQUEZ ARIAS and ODALYS MARIA PACIOS CHAVIANO, wife and husband, and BANK OF AMERICA, NA. Page 1 of 5 NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, as an inducement to Lender to make the above loan, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Subordination. Subordinating Party hereby covenants, consents and agrees with Lender and hereby does subordinate and make inferior its interest in and to all of the Property to the lien of Lender in said Property under Lender's mortgage and other loan documents, given to secure Lender's loan above described, together with all modifications, extensions and renewals thereof and all future advances thereunder. Lender agrees to provide Subordinating Party with notice of any default on the part of Borrower under Lender's mortgage and other loan documents and does herewith grant unto Subordinating Party the right to cure any such default within thirty (30) days of receipt of such notice. No legal action to enforce the mortgage or otherwise shall be taken by Lender without first notifying Subordinating Party and, in the event of a forced sale of collateral, it is agreed by all parties hereto that any surplus resulting from such forced sale shall inure to the benefit of Subordinating Party so long as its interest in the collateral has not been extinguished. The satisfaction of that certain mortgage secured by the subject property, held by Regions Bank, dba Regions Mortgage, dated August 26th, 2015 and recorded September 8th, 2015, in O.R. Book 18914, Page 558 of Pinellas County, Florida shall be fully satisfied and released as a condition precedent to the effectiveness of the Subordination. 3. Non -Waiver. No waiver by Lender under its mortgage or other loan documents, delivered by Borrower in regard to the Property described in Exhibit "A" shall affect this Agreement which shall at all times remain in full force and effect. 4. Future Advances. In the event future advances are made to the Borrower in excess of the loan amount of One Hundred & Fifteen Thousand and 00/100 ($115,000.00), then this subordination Agreement shall be applicable only to the aforestated loan amount, and any advance made in excess of this shall not have a superior lien position to the mortgage of the Subordinating Party. 5. Notice. Any and all notices required or contemplated hereunder shall be provided by certified United States Mail, or hand delivery, to the parties at the addresses stated above. 6. Governing Law. This Agreement shall be governed by the laws of the State of Florida and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall be enforced only in a court of competent jurisdiction in Pinellas County, Florida. 7. Severance. The invalidity or unenforceability of any portion of this Agreement shall in no way affect the remaining provisions and portions hereof. 8. Attorney's Fees. In the event that either party seeks to enforce this agreement or to interpret any provision of this agreement, by law or through attorneys at law, or under advice therefrom, the parties agree that all costs including reasonable attorney's fees (including charges for paralegals and others working under the direction or supervision of such attorneys), whether or not suit is brought, and whether incurred in connection with settlement, trial, appeal, bankruptcy or other creditor's proceedings or otherwise, shall be awarded to the prevailing party. Mortgage Subordination Agreement between the CITY OF CLEARWATER, PABLO LUIS RODRIQUEZ ARIAS and ODALYS MARIA PACIOS CHAVIANO, wife and husband, and BANK OF AMERICA, NA. Page 2 of 5 9. Binding Effect. This agreement shall bind the successors, heirs and assigns of the parties hereto. 10. Captions. The paragraph captions used throughout this agreement are for the purpose of reference only and are not to be considered in the construction of this agreement or in the interpretation of the rights or obligations of the parties hereto. 11. Time. Time is of the essence to this agreement. 12. Entire Agreement. It is agreed that this document contains the entire agreement between the parties as to the matters herein contained and the agreement shall not be modified in any respect except by an amendment in writing signed by all parties hereto. [The remainder of this page intentionally left blank] IN WITNESS WHEREOF, the parties hereunder have set their hand and seal the day and year first above written. Mortgage Subordination Agreement between the CITY OF CLEARWATER, PABLO LUIS RODRIQUEZ ARIAS and ODALYS MARIA PACIOS CHAVIANO, wife and husband, and BANK OF AMERICA, NA. Page 3 of 5 Approved as to form: Laura Mahony Senior Assistant City Attorney (STATE OF FLORIDA) CITY OF CLEARWATER, FLORIDA � By: _ , Jon P. Jennings City Manager 4 Attest: By:.. f hi'L.0. `tom 0 Rosemarie CaII City Clerk The foregoing instrument was acknowledged before me by means of 14-hysical presence or 0 online notarization, this l cam}-lO4 4 \ (date) by Jon P. Jennings, the City Manager of the City of Clearwater, who is personally known to me or who has produced (type of identification) as identification. WITNESS my hand and official seal this day of T.2-e-iNkk*AeX 20 a,.j. Print/Type Name: Notary Public &%,, 910x, Scott Burrows •• `' COMMISSION It GG261179 "_.,' EXPIRES: October 1, 2022 Bonded Thu Aaron Notary Mortgage Subordination Agreement between the CITY OF CLEARWATER, PABLO LUIS RODRIQUEZ ARIAS and ODALYS MARIA PACIOS CHAVIANO, wife and husband, and BANK OF AMERICA, NA. Page 4 of 5 EXHIBIT "A" (Legal Description of Property) The Land is described as follows: Lot 21, Sunset Ridge Unit 1, as per plat thereof, recorded in Plat Book 54, Page 23, of the Public Records of Pinellas County, Florida. Parcel ID: 02-29-15-88182-000-0210 Mortgage Subordination Agreement between the CITY OF CLEARWATER, PABLO LUIS RODRIQUEZ ARIAS and ODALYS MARIA PACIOS CHAVIANO, wife and husband, and BANK OF AMERICA, NA. Page 5 of 5 AMERICAN LAND TITLE ASSOCIATION COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Transaction Identification Data for reference only: Issuing Agent: Stewart Title Company Issuing Office: 500 N Broadway, Ste 900, Saint Louis, MO 63102 ALTA® Universal ID: Loan ID Number: 101683850 Commitment Number: BACREF21357098 Issuing Office File Number: BACREF21357098 Property Address: 1445 Union Street, Clearwater, FL 33755-1272 Revision Number: 1. Commitment Date: June 28, 2021 8:OOAM 2. Policy to Be Issued: Proposed Policy Amount a. ALTA Owner's Policy with Florida Modifications Premium: $0.00 Proposed Insured: b. ALTA Short Form Residential Loan Policy with Florida Modifications $115,000.00 Proposed Insured: Premium: $650.00 Bank of America, NA 3. The estate or interest in the land described or referred to in this Commitment is: FEE SIMPLE 4. Title to the estate or interest in the land is at the Commitment Date vested in: Pablo Luis Rodriguez Arias and Odalys Maria Pacios Chaviano, husband and wife 5. The land is described as follows: See Exhibit "A" Attached Hereto e. Thomas C. Conroy Authorized Countersignature This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy;; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule 8, Part 11— Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.. File No.: BACREF21357O98 FL-0O8UN ALTA Commitment for Title Insurance with Florida Modifications 8-1-16 Page 1 of 6 AMERICAN LAND TITLE ASSOCIATION AMERICAN LAND TITLE ASSOCIATION COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: BACREF21357098 Lot 21, SUNSET RIDGE, UNIT 1, as per plat thereof, recorded in Plat Book 54, Page 23, of the Public Records of Pinellas County, Florida. Being the same property conveyed to Pablo Luis Rodriguez Arias and Odalys Maria Pacios Chaviano, husband and wife by General Warranty Deed from Charles Weissing II, a married man, dated 08/26/2015 and recorded 09/08/2015, in Book 18914, Page 556, Instrument Number 2015258229, of the Public Records of Pinellas, Florida. APN: 02-29-15-88182-000-0210 Commonly known as: 1445 Union Street, Clearwater, FL 33755-1272 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1- Requirements; and Schedule B, Part Il — Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.. File No.: BACREF21357098 FL-008UN ALTA Commitment for Title Insurance with Florida Modifications 8-1-16 Page 2 of 6 AMERICAN LAND TITLE ASSOCIATION AMERICAN LAND TITLE ASSOCIATION COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS SCHEDULE B - I ISSUED BY STEWART TITLE GUARANTY COMPANY Requirements File No.: BACREF21357098 All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Affidavit from the seller and borrower stating: That there are no matters pending against them that could give rise to a lien that would attach to the subject property between the effective date of the Commitment and the recording of instruments giving rise to the interest to be insured. That the affiants have not executed and will not execute any instruments that would adversely affect the title to the subject property or the lien of any mortgage to be insured pursuant to the Commitment. 6. The closing funds pertaining to the transaction must be disbursed by or at the direction of the insuror or its agent. 7. An updated title examination, commencing as of the effective date of this Commitment, which shall be performed at or shortly prior to the closing of the transaction, should not reveal any title defects or other adverse matters appearing should be disposed of prior to closing to the satisfaction of the insuror or its agent. 8. Payment of all taxes, assessments, levied and assessed against subject premises, which are due and payable. 9. Satisfactory evidence shall be produced that all improvements and/or repairs or alterations thereto are completed; that contractor, subcontractor, labor and materialmen are all paid in full. 10. Instruments in insurable form which must be properly executed, delivered and duly filed for record. 11. The terms, provisions and conditions of the ALTA 2006 commitment jacket are hereby included by reference in this commitment for title insurance. The borrower may be entitled to a reduced rate for their title insurance premium if this refinance occurs within a time period defined by state rules. To This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part 11 — Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.. File No.: BACREF21357098 FL-008UN ALTA Commitment for Title Insurance with Florida Modifications 8-1-16 Page 3 of 6 AMERICAN LAND TITLE ASSOCIATION AMERICAN LAND TITLE ASSOCIATION COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS SCHEDULE B - I ISSUED BY STEWART TITLE GUARANTY COMPANY qualify for this reduced premium, please ask the borrower to fax to us (1) a copy of their prior policy from the transaction; or (2) a copy of their marked -up commitment for such insurance; or (3) a settlement sheet showing payment of a title insurance premium; or (4) other written evidence (must be acceptable to the underwriter) that title insurance coverage was purchased for the property. In order to be eligible for a reissue rate we must have a complete copy of the borrower's Owner's policy in our office prior to closing. 12. A Mortgage or Deed of Trust executed by Pablo Luis Rodriguez Arias and Odalys Maria Pacios Chaviano, husband and wife to Bank of America, NA. 13. Receipt of a Homeowners Affidavit executed by owner(s) of record. 14. All owners, spouses and/or civil union/domestic partners must execute the lien instruments at closing. 15. We reserve the right to make further requirements and/or exceptions when the aforesaid documents have been examined by the company prior to closing. 16. Proper disposition of the mortgage from Pablo Luis Rodriguez Arias and Odalys Maria Pacios Chaviano, husband and wife dated 08/26/2015 and filed on 09/08/2015 in Official Records Book 18914, Page 558 of Pinellas County, Florida in the amount of $120,980.00 and in favor of Regions Bank, dba Regions Mortgage, for account number: N/A. 17. Subordination of the mortgage from Pablo Luis Rodriguez Arias and Odalys Maria Pacios Chaviano, husband and wife dated 08/26/2015 and filed on 09/10/2015 in Official Records Book 18916, Page 937 of Pinellas County, Florida in the amount of $14,000.00 and in favor of City of Clearwater, for account number: N/A. 18. Taxes for the year 2020 under Tax ID Number 022915881820000210 are Paid in the amount of $1,434.99, on 11/30/2020. 19. 24 — Month Chain of Title and/or Last Conveyance on property — For informational purposes only: According to those public records, which under the recording laws impart constructive notice to the title to the land described herein, the following matters constitute the chain of title for the twenty four months period preceding the date hereof: None This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1- Requirements; and Schedule B, Part II — Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association File No.: BACREF21357098 FL-008UN ALTA Commitment for Title Insurance with Florida Modifications 8-1-16 Page 4 of 6 AMERICAN LAND TITLE ASSOCIATION AMERICAN LAND TITLE ASSOCIATION COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS SCHEDULE B - PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions File No.: BACREF21357098 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2. Standard Exceptions: a. Rights or claims of parties in possession not shown by the public records. b. Easements, or claims of easements, not shown by the public records. c. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. d. Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by the public records. e. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands. Special Exceptions: 3. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. The coverage afforded by covered matter 2(c) is hereby deleted. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any claim that any part of said land is owned by the State of Florida by right of sovereignty, and riparian rights, if any. 7. Quantity of acreage/square footage as set forth in schedule a, if any. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II — Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.. File No.: BACREF21357098 FL-008UN ALTA Commitment for Title Insurance with Florida Modifications 8-1-16 Page 5 of 6 AMERICAN LAND TITLE ASSOCIAIION AMERICAN LAND TITLE ASSOCIATION COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS SCHEDULE B - PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 8. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public record. 9. All recorded and unrecorded mineral rights; however, this policy insures against loss or damage to existing residential improvements arising as a result of the exercise of any such mineral rights. 10. Any covenants, restrictions, obligations, assessments, easements and conditions of record but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law.. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II — Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.. File No.: BACREF21357098 FL-008UN ALTA Commitment for Title Insurance with Florida Modifications 8-1-16 Page 6 of 6 AMERICAN LAND TITLE ASSOCIATION Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you request insurance -related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 File No.: BACREF21357098 Revised 01-01-2020 Effective Date: January 1, 2020 Privacy Notice for California Residents Pursuant to the California Consumer Privacy Act of 2018 ("CCPA"), Stewart Information Services Corporation and its subsidiary companies (collectively, "Stewart") are providing this Privacy Notice for California Residents (CCPA Notice"). This CCPA Notice supplements the information contained in Stewart's existing privacy notice and applies solely to all visitors, users and others who reside in the State of California or are considered California Residents ("consumers" or "you"). Terms used but not defined shall have the meaning ascribed to them in the CCPA. Information Stewart Collects Stewart collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Most of the information that Stewart collects in the course of its regular business is already protected pursuant to the Gramm -Leach -Bliley Act (GLBA). Additionally, much of this information comes from government records or other information already in the public domain. Personal information under the CCPA does not include: • Publicly available information from government records. • Deidentified or aggregated consumer information. • Certain personal information protected by other sector -specific federal or California laws, including but not limited to the Fair Credit Reporting Act (FCRA), GLBA and California Financial Information Privacy Act (FIPA). Specifically, Stewart has collected the following categories of personal information from consumers within the last twelve (12) months: Category Examples Collected? A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES G. Geolocation data. Physical location or movements. YES H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. YES I. Professional or employment-related information. Current or past job history or performance evaluations. YES J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES File No.: BACREF21357098 Revised 01-01-2020 Stewart obtains the categories of personal information listed above from the following categories of sources: • Directly and indirectly from customers, their designees or their agents (For example, realtors, lenders, attorneys, etc.) • Directly and indirectly from activity on Stewart's website or other applications. • From third -parties that interact with Stewart in connection with the services we provide. Use of Personal Information Stewart may use or disclose the personal information we collect for one or more of the following purposes: • To fulfill or meet the reason for which the information is provided. • To provide, support, personalize, and develop our website, products, and services. • To create, maintain, customize, and secure your account with Stewart. • To process your requests, purchases, transactions, and payments and prevent transactional fraud. • To prevent and/or process claims. • To assist third party vendors/service providers who complete transactions or perform services on Stewart's behalf. • As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. • To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third -party sites, and via email or text message (with your consent, where required by law). • To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business. • To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. • Auditing for compliance with federal and state laws, rules and regulations. • Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent in the course of your transaction (for example, a realtor or a lender). Stewart may disclose your personal information to a third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: • Service providers and vendors (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) • Affiliated Companies • Litigation parties and attorneys, as required by law. • Financial rating organizations, rating bureaus and trade associations. • Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information for a business purpose: Category A: Identifiers Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information Category E: Biometric Information Category F: Internet or other similar network activity Category G: Geolocation data Category H: Sensory data Category I: Professional or employment-related information Category J: Non-public education information Category K: Inferences Consumer Rights and Choices The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. File No.: BACREF21357098 Revised 01-01-2020 Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: • The categories of personal information Stewart collected about you. • The categories of sources for the personal information Stewart collected about you. • Stewart's business or commercial purpose for collecting that personal information. • The categories of third parties with whom Stewart shares that personal information. • The specific pieces of personal information Stewart collected about you (also called a data portability request). • If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. Deletion Request Rights You have the right to request that Stewart delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. 2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3. Debug products to identify and repair errors that impair existing intended functionality. 4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent. 7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8. Comply with a legal obligation. 9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either: • Calling us Toll Free at 1-866-571-9270 • Emailing us at Privacyrequeststewart.com • Visiting http://stewart.com/ccpa Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12 -month period. The verifiable consumer request must: • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. File No.: BACREF21357098 Revised 01-01-2020 A written response will be delivered by mail or electronically, at your option. Any disclosures we provide will only cover the 12 -month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non -Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: • Deny you goods or services. • Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. • Provide you a different level or quality of goods or services. • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Changes to Our Privacy Notice Stewart reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on Stewart's website and update the notice's effective date. Your continued use of Stewart's website following the posting of changes constitutes your acceptance of such changes. Contact Information If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone: Toll Free at 1-866-571-9270 Website: http://stewart.com/ccpa Email: Privacyrequest@stewart.com Postal Address: Stewart Information Services Corporation Attn: Mary Thomas, Deputy Chief Compliance Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: BACREF21357098 Revised 01-01-2020 1k' stewart AMERICAN LAND TITLE ASSOCIATION COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part ll - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. e, Thomas C. Conroy Authorized Countersignature Stewart Title Company 500 N Broadway, Ste 900 Saint Louis, MO 63102 This page is only a part of a 2016 ALTO' Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part ll — Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.. File No.: BACREF21357098 FL-008UN ALTA Commitment For Title Insurance with Florida Modifications 8-1-16 Page 1 of 3 AMERICAN LAND TITLE ASSOCIATION COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I - Requirements; (f) Schedule B, Part II - Exceptions; and (g) a countersignature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I - Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II - Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II — Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.. File No.: BACREF21357098 FL-008UN ALTA Commitment For Title Insurance with Florida Modifications 8-1-16 Page 2 of 3 AMERICAN LAND TITLE ASSOCIATION TM (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II — Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.. File No.: BACREF21357098 FL-008UN ALTA Commitment For Title Insurance with Florida Modifications 8-1-16 Page 3 of 3 AMERICAN LAND TITLE AMSOOLATION $120.50 M DOC STAMP COLLECTION: $49.00 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM02 Return to: 7'eny Matcolm-Smith City of Clearttvater Dept. of Economic Development & Housing - P.O. Box 4743, Clearwater, FL 33758 This instrument prepared by: Carrie M. Vitale, Tampa Bay CDC Hillsborough Title File # !- T" (i S - l '�l / CITY OF CLEARWATER \ DOWNPAYMENT AND CLOSING COSTS ,SUBORDINATE MORTGAGE THIS SUBORDINATE MORTGAGE ("Subordinate Security Instrument") is made this 26TH day of AUGUST of 2015. The grantor is PABLO LUIS RODRIGUEZ ARIAS AND ODALYS MARIA PACIOS CHAVIANO. husband and wife (Borrower)\This Subordinate Security Instrument is given to the City of Clearwater, organized and existinguniiei the laws of the State of Florida whose address is 112 South Osceola Avenue, Clearwater, Florida 33756 (Lender)In this Mortgage, whenever the context so requires, the terms g "Lender" and "Borrower" shall include heirs, legal r�epr'esentatives, successors and assigns of such parties. WITNESSETH: Borrower owes Lender the principal sum of FOURTEEN N THOUSAND AND 00/100 Dollars (U.S. S14,000.00). This debt is evidenced by Borrower's Note dated the same date as'this Subordinate Security Instrument ("Note"), which provides for monthly payments. The Borrower will make monthly payments to the Lender at 112 S. Osceola Avenue, Clearwater, Florida 33756, or at a different place if required by the Note Holder. There shall be no principal or interest payments due during the,first (FIVE) years (Deferral Period). Beginning on AUGUST 1, 2020 the Borrower will start to make payments on the first day of every month until the Borrower has paid all the principal and interest, if any, and any other charges de�'bed-belo.'v that may be owed under this Note or the Mortgage. If on JULY 1, 2035 (the Due Date or Maturity Date), t e Borrower still owes amounts under the Note, the Borrower will pay those amounts in full on that date. The Note Holder shall have the optional right to declare the amount f the total balance hereof to be due and forthwith payable in advance of the Maturity Date upon the occurrence of any Event of Default or failure to perform in accordance with any of the tenns and conditions set forth in the Subordinate Mortgage. Upon exercise of this option by the Note Holder, the entire principal shall bear interest at the rate of three percent (3%) per annum. Forbearance to exercise this option with respect to any failure or breach of the Borrower shall not constitute a waiver of the right as to any continuing failure or breach or any subsequent failure or breach. In addition to this Loan, the Borrower obtained a mortgage loan (the "First MortgageiLoan" from REGIONS BANK, DBA REGIONS MORTGAGE. ISAOA ATIMA (the "Senior Lien Holder';), which loan'is secured by a first mortgage lien on the property (the "First Mortgage"). The documents evidencing or securinghe first mortgage loan are collectively referred to herein as the First Mortgage Loan Documents. Notwithstanding any of he\\ provisions of this Subordinate Mortgage, the requirements of the Lender hereunder shall be subordinate to the 1 requirements of the Senior Lien Holder of the First Mortgage executed by PABLO LUIS RODRIGUEZ ARIAS AND ODALYS MARIA PACIOS CHAVIANO, husband and wife , in favor of REGIONS DANK. DBA/ REGIONS MORTGAGE, ISAOA ATIMA executed on AUGUST 26 , 2015 , which is recorded simultaneously herewith in Public Records of Pinellas , County in the State of Florida. This Subordinate Security Instrument secures to Lender (a) the repayment of the debt evidenced by the Note, with interest, if applicable, as provided in the Note, and all renewals, extensions and Modifications of the Note; (b)'the performance of Borrower's covenants and agreements under this Subordinate Security Instrument and the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to Lender and Lender's successors and assigns with power of sale, subject to the rights of the Senior Lien Holder under the First Mortgage, the property located in Pinellas County, Florida, which has the address of: Page 1 of 9 Initials NR A Return to: Terry Malcolm -Smith City of Clearwater Dept. of Economic Development & Housing - P.O. Box 4748, Clearwater, FL 33758 This instrument prepared by: Carrie M. Vitale, Tampa Bay CDC Hillsborough Title File ## KiKb /s- _ p i $ 7 A CITY OF CLEARWATER DOWNPAYMENT AND CLOSING COSTS SUBORDINATE MORTGAGE THISSUBORDINATE MORTGAGE ("Subordinate Security Instrument") is made this 26TH day of AUGUST of 2015. The grantor is PABLO LUIS RODRIGUEZ ARIAS AND ODALYS MARIA PACIOS CHAVIANO, husband and wife (Borrower). This Subordinate Security Instrument is given to the City of Clearwater, organized and existing under the laws of the State of Florida whose address is 112 South Osceola Avenue, Clearwater, Florida 33756 (Lender). In this Mortgage, whenever the context so requires, the terms "Lender" and "Borrower" shall include heirs, legal representatives, successors and assigns of such parties. WITNESSETH: Borrower owes Lender the principal sum of FOURTEEN THOUSAND AND 00/100 Dollars (U.S. $14,000.00). This debt is evidenced by Borrower's Note dated the same date as this Subordinate Security Instrument ("Note"), which provides for monthly payments. The Borrower will make monthly payments to the Lender at 112 S. Osceola Avenue, Clearwater, Florida 33756, or at a different place if required by the Note Holder. There shall be no principal or interest payments due during the first 5 (FIVE) years (Deferral Period). Beginning on AUGUST 1, 2020 the Borrower will start to make payments on the first day of every month until the Borrower has paid all the principal and interest, if any, and any other charges described below that may be owed under this Note or the Mortgage. If on JULY 1, 2035 (the Due Date or Maturity Date), the Borrower still owes amounts under the Note, the Borrower will pay those amounts in full on that date. The Note Holder shall have the optional right to declare the amount of the total balance hereof to be due and forthwith payable in advance of the Maturity Date upon the occurrence of any Event of Default or failure to perform in accordance with any of the terms and conditions set forth in the Subordinate Mortgage. Upon exercise of this option by the Note Holder, the entire principal shall bear interest at the rate of three percent (3%) per annum. Forbearance to exercise this option with respect to any failure or breach of the Borrower shall not constitute a waiver of the right as to any continuing failure or breach or any subsequent failure or breach. In addition to this Loan, the Borrower obtained a mortgage loan (the "First Mortgage Loan" from REGIONS BANK, DBA REGIONS MORTGAGE, ISAOA ATIMA (the "Senior Lien Holder"), which loan is secured by a first mortgage lien on the property (the "First Mortgage"). The documents evidencing or securing the first mortgage loan are collectively referred to herein as the First Mortgage Loan Documents. Notwithstanding any of the provisions of this Subordinate Mortgage, the requirements of the Lender hereunder shall be subordinate to the requirements of the Senior Lien Holder of the First Mortgage executed by PABLO LUIS RODRIGUEZ ARIAS AND ODALYS MARIA PACIOS CHAVIANO, husband and wife , in favor of REGIONS BANK, DBA REGIONS MORTGAGE, ISAOA ATIMA executed on AUGUST 26 , 2015 , which is recorded simultaneously herewith in Public Records of Pinellas , County in the State of Florida. This Subordinate Security Instrument secures to Lender (a) the repayment of the debt evidenced by the Note, with interest, if applicable, as provided in the Note, and all renewals, extensions and Modifications of the Note; (b) the performance of Borrower's covenants and agreements under this Subordinate Security Instrument and the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to Lender and Lender's successors and assigns with power of sale, subject to the rights of the Senior Lien Holder under the First Mortgage, the property located in Pinellas County, Florida, which has the address of: Page 1 of 9 Initials PRA (')LJ %2C 1445 UNION STREET, CLEARWATER, FLORIDA 33755 and is further described as: Exhibit "A" attached. TO HAVE AND TO HOLD this property unto Lender and Lender's successors and assigns, forever, all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Subordinate Security Instrument. All of the foregoing is referred to in this Subordinate Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and, subject to the First and Second Mortgage and other encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to such encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Indebtedness. Borrower shall promptly pay, when due, the principal, and interest (if applicable) on the debt evidenced by the Note. 2. Funds for Taxes, Insurance and Assessments. Subject to applicable law, Borrower shall pay to Lender, until the Note is paid in full, a sum "Funds" for: (a) yearly taxes and assessments which may attain priority over this Subordinate Security Instrument as a lien on the property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any other charges and encumbrances which now or hereafter are a lien upon the premises or any part thereof. The Borrower shall not be obligated to make such payments of Funds to the Lender to the extent that the Borrower makes such payments to the Senior Lien Holder in accordance with the First Mortgage. 3. Prior Mortgages; Charges; Liens. The Borrower shall perform all of the Borrower's obligations under the First Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property that may attain priority over this Subordinate Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payments. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Except for the lien of the First Mortgage, Borrower shall promptly discharge any other lien which shall have attained priority over this Subordinate Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Subordinate Security Instrument. Except for the lien of the First Mortgage, if Lender determines that any part of the Property is subject to a lien that may attain priority over this Subordinate Security Agreement, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy such lien or take one or more of the actions set forth above within 10 days of the giving of notice. 4. Subordination. Lender and Borrower acknowledge and agree that this Subordinate Security Agreement is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Mortgage and to all advances heretofore made or which may hereafter be made pursuant to the First Mortgage, not to exceed, in the aggregate, the original principal sum and face amount of the First Mortgage Note, including all sums advanced for the purpose of (a) protecting or further securing the lien of the First Mortgage, curing defaults by the Borrower under the First Mortgage or for any other purpose expressly permitted by the First Mortgage or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Mortgage are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Mortgage, any provisions herein or any provisions in any other Page 2 of 9 Initials f 1 RA- collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Mortgage shall receive title to the Property free and clear from such restrictions. 5. Hazard of Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by the Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgagee clause. All requirements hereof pertaining to insurance shall be deemed satisfied if the Borrower complies with the insurance requirements under the First Mortgage. All original policies of insurance required pursuant to the First Mortgage shall be held by the Senior Lien Holder; provided, however, that Lender be named as a loss payee as its interest may appear and be named as an additional insured. If Lender requires, Borrower shall promptly give to Lender copies of all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier, the Senior Lien Holder and Lender. Lender may make proof of loss if not made promptly by the Senior Lien Holder or the Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and the Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Subordinate Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a written notice from Lender that the insurance carrier has offered to settle a claim, the Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by the Subordinate Security Instrument, whether or not then due. The 30 -day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the Note or change the amount of the payments. If under paragraph 17 the Property is acquired by the Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Subordinate Security Instrument immediately prior to the acquisition. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Mortgage. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Hazardous Substances; Borrower's Loan Application. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Subordinate Security Instrument. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgement could result in forfeiture of the Property or otherwise materially impair the lien created by this Subordinate Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 16, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Subordinate Security Instrument or Lender's security interest. Page 3 of 9 Initials p` / f Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall not destroy, damage, or impair the Property, allow the Property to deteriorate or commit waste on the Property. Borrower shall maintain the Property in order to prevent the Property from deterioration or decrease in value due to its condition. Borrower shall comply with all City Codes relating to maintenance of the Property and shall repair or restore the Property upon Notice by the City. Failure to comply with this provision may result in Borrower's loan being placed in default. As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and 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 paragraph, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower 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, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Prior to taking any such remedial action, however, the Borrower shall notify the Senior Lien Holder that such remedial action is necessary and shall obtain the Senior Lien Holder's prior written consent for such remedial action. Borrower shall also be in default if Borrower, during the loan application process, if Borrower gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning (a) Borrower's occupancy of the Property as a principal residence, (b) Borrower's income and (c) other parties who will be occupying the property. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Subordinate Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Subordinate Security Instrument (including sums secured by the First Mortgage), appearing in court, paying reasonable attorney's fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Subordinate Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the rate of three percent (3%) per annum and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. Prior to taking any actions under this Section 7, however, Lender shall notify the Senior Lien Holder of such default in the manner provided in Section 17 of this Subordinate Security Instrument, and shall provide the Senior Lien Holder with the opportunity to cure any such default under this Subordinate Security Instrument. All amounts advanced by the Senior Lien Holder to cure a default hereunder shall be deemed advanced by the Senior Lien Holder and shall be secured by the First Mortgage. In addition, the Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the Senior Lien Holder at least 60 days' prior written notice. Any action by Lender hereunder to foreclose or accept a deed in lieu of foreclosure shall be subject to the "due on sale" provisions of the First Mortgage. Page 4 of 9 Initials P L R Lender and Borrower further agree that a default hereunder shall constitute a default under the First Mortgage. In the event of a default hereunder, the Senior Lien Holder shall have the right to exercise all rights and remedies under the First Mortgage. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of the First Mortgage. In the event the Property, or any part thereof, shall be condemned or taken, the Lender shall have the right to demand that all money awarded for the appropriation thereof, or damage to the Premises, shall be paid to Mortgagee up to the amount of the sums secured by this Subordinate Security Instrument, whether or not the sums are then due, with any excess paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award of settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Subordinate Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the Note or change the amount of such payment. 10. Forbearance by Lender Not A Waiver. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right of remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and agreements of this Subordinate Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 15. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Subordinate Security Instrument only to mortgage, grant and convey the Borrower's interest in the Property under the terms of this Subordinate Security Instrument; (b) is not personally obligated to pay the sums secured by this Subordinate Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forebear or make any other accommodations with regard to the terms of this Subordinate Security Instrument or the Note without that Borrower's consent; provided, however, that such modification or accommodation shall not be made without the prior written consent of the Senior Lien Holder. 12. Notices. Any notice to Borrower provided for in this Subordinate Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice required to be given to the Senior Lien Holder shall be given by first class mail to the following address: 2050 PARKWAY OFFICE CIRCLE, BIRMINGHAM, ALABAMA 35244 or such other address the Senior Lien Holder designates by notice to the Borrower. Any notice provided for in this Subordinate Security Instrument shall be deemed to have been given to Borrower or Lenders when given as provided in this paragraph. 13. Governing Law; Severability. This Subordinate Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Subordinate Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Subordinate Security Instrument or the Note which can be given effect without the conflicting provision. To this end, the provisions of this Subordinate Security Instrument and the Note are declared to be severable. Page 5 of 9 Initials G Ait 14. Borrower's Copy. Borrower shall be given one copy of the Note and of this Subordinate Security Instrument. 15. Transfer of the Property or a Beneficial Interest in Borrower. Except for a conveyance to the Senior Lien Holder under the First Mortgage, if the Borrower transfers, assigns, sells, refmances, or in any manner disposes of all or a portion of the Property, or any interest therein, then the sums secured by this Subordinate Security Instrument will become immediately due and payable, and such outstanding indebtedness shall bear interest at the rate of three percent (3%) per annum from the date of such transfer, assignment, sale, refinance, mortgage or other conveyance until paid in full. The amount of the Note is payable, either upon the conveyance of this title (legal or equitable) to all or any portion of the Property used to secure the Note, or upon the death of the undersigned unless title to the Property vests in an eligible person pursuant to the City and NSP rules and regulations, or upon the termination of occupancy or abandonment of the subject property or use of the property for nonresidential or income production purposes. If Lender exercises this option, Lender shall give Borrower and Senior Lien Holder prior written notice of acceleration. The notice shall provide a period of time not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Subordinate Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may foreclose and invoke any other remedies permitted by this Subordinate Security Instrument without further notice or demand on the Borrower. In the event the sums are collected by law or through an attorney at law, or under advice therefrom, the Lender will have the right to be paid back for all of its costs and expenses in enforcing the Note and this Subordinate Security Instrument, to the extent not prohibited by applicable law. In the event suit is instituted to foreclose or to enforce payment of the sums secured by this Subordinate Security Instrument, or to enforce performance of any covenant or obligation hereunder, Lender shall be entitled to the appointment of a Receiver to take charge of the Property, to collect the rents, issues and profits therefrom, and to complete any construction and care for the Property, and such appointment shall be made by the court having jurisdiction thereof as a matter of right to the Lender, and all rents, profits, incomes, issues and revenues of the Property are hereby assigned and pledged as further security for payment of the sums hereby secured. Notwithstanding Lender's right to invoke any remedies hereunder, as provided in Section 7 above, Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the Senior Lien Holder at least 60 days' prior written notice. 16. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Subordinate Security Instrument discontinued at any time. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Subordinate Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants and agreements; (c) pays all expenses incurred in enforcing this Subordinate Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Subordinate Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Subordinate Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Subordinate Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 15. 17. Acceleration; Remedies. Lender shall give notice to Borrower and the Senior Lien Holder prior to acceleration following Borrower's breach of any covenant or agreement in this Subordinate Security Instrument. The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower (and with respect to the Senior Lien Holder, 60 days from the date the notice is given to the Senior Lien Holder), by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Subordinate Security Instrument, foreclosure and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration. Page 6 of 9 Initials 4 A A If the default is not cured by the Borrower on or before the date specified in the notice, and the Senior Lien Holder has not exercised its right to cure the default, then Lender at its option may require immediate payment in full of all sums secured by this Subordinate Security Instrument without further demand and may foreclose by judicial proceeding, and may invoke the power of sale and any other remedies permitted by applicable law. Notwithstanding Lender's right to invoke any remedies hereunder, as provided in Section 7 above, the Lender agrees that it will not commence foreclosure proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereunder until it has given the Senior Lien Holder at least 60 days' prior written notice. Lender shall be entitled to collection all expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees and costs of title evidence. 18. Release. Upon payment of all sums secured by this Subordinate Security Instrument, Lender shall release this Subordinate Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 19. Land Use Restriction Agreement. The HOME Investment Partnership Program ("Program") is authorized under Title II of the Cranston -Gonzalez National Affordable Housing Act, as amended. In accordance with Program regulations as provided for in 24 CFR Part 92, this mortgage shall be subject to all terms and conditions of the Land Use Restriction Agreement executed and recorded of even date herein. 20. Notice to Borrower. Do not sign this Mortgage if it contains blank spaces. All spaces should be completed before you sign. [The remainder of this page intentionally left blank] Page 7 of 9 Initials PL o p BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Subordinate Security Instrument. Witnesses: li\Ada Printed Name: V` G G N 6 S d -e -t,6.- Printed Name: Q/J/.t/E C'e:RvE'Lc.v Printed Name: State of: Florida County of: Pinellas Borrowers: PABLO LUIS RODRIGUEZ ARIAS (Borrower) (Non -Purchasing Spouse) (AW:101) ODALYS MARIA PACIOS CHAVIANO (Co -Borrower) I hereby certify that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements, personally appeared PABLO LUIS RODRIGUEZ ARIAS AND ODALYS MARIA PACIOS CHAVIANO, husband and wife, who is personally known to me or who has produced FweiDA bf2.Wel L(CENst as identification, who did/did not take an oath, and who executed the foregoing instrument and acknowledged before me that THEY executed the same for the purpose therein expressed. Witness by hand and official seal in the county and state aforesaid this 26TH day of AUGUST , 2015. DIANNE CORVELLO. � Commission # EF 7.9�ifie..t .: My Commission Expiies .aTo- July'23, 2018' My Commission expires: 7' Z3 • "8 Notary Public Page 8 of 9 Initials P • %z R dUfle Exhibit "A" LEGAL DESCRIPTION LOT 21, SUNSET RIDGE UNIT 1, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 54, PAGE 23, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. Page 9 of 9 Initials Rl /� • • Return to: Terry Malcolm -Smith City of Clearwater Dept. of Economic Development & Housing - P.O. Box 4748 Clearwater, FL 33758 This instrument prepared by: Carrie M. Vitale, Tampa Bay CDC CITY OF CLEARWATER DOWNPAYMENT AND CLOSING COSTS NOTE Exhibit B $14,000.00 Clearwater, Florida August 26, 2015 Property Address: 1445 UNION STREET CLEARWATER, FLORIDA 33755 (the "Property") Parcel ID # 02-29-15-88182-000-0210 1. BORROWER'S PROMISE TO PAY For value received, the undersigned ("Borrower") promises to pay the sum Fourteen Thousand $14,000.00 of and 00/100 Dollars in U.S. currency (this amount is called "Principal") to the order of the Lender. The Lender is the City of Clearwater, organized and existing under the laws of the State of Florida and located at 112 S. Osceola Avenue, Clearwater, Florida 33756. The Lender or anyone who takes this Note by transfer and who is entitled to receive the value as evidenced by this Note, ("Security Instrument") is called the "Note Holder". This payment of this Note is secured by that mortgage entered into of even date herewith and recorded in the public records of Pinellas County. 2. INTEREST There will be no interest charged on the loan during the first FIVE (5) years (Deferral Period). After this period, interest will begin to accrue on the unpaid Principal at a rate of zero percent (0%) per annum until the full amount of principal has been paid. If, during the Deferral Period, the Borrower does not occupy the property as the Borrower's principal residence or transfers, assigns, sells, rents, mortgages, refinances or in any manner disposes of all or a portion of the property which is subject to this Note and the Mortgage described below without prior written approval of the Lender, or fail to meet the obligations established by this Note and Mortgage and all other applicable related documents ("Mortgage Documents"), restrictions or laws, then the principal amount hereunder shall immediately become due and payable, and such outstanding principal shall begin to bear interest immediately at the rate of three percent (3%) per annum from the date of such sale, rent, transfer, assignment, mortgage, refinance or other conveyance ("Default Rate"), until paid in full. Page 1 of 5 Initials ?Z/Z %) Revised 3.18.13 OV j3 e • • 3. PAYMENTS (A) Time and Place of Payments The Borrower will make monthly payments to the Lender at 112 S. Osceola Avenue, Clearwater, Florida 33756, or at a different place if required by the Note Holder. There shall be no principal or interest payments due during the first FIVE (5) years (Deferral Period). Beginning on AUGUST 1, 2020 the Borrower will start to make payments on the first day of every month until the Borrower has paid all the principal and interest, if any, and any other charges described below that may be owed under this Note or the Mortgage. If on JULY 1, 2035 (the Due Date or Maturity Date), the Borrower still owes amounts under the Note, the Borrower will pay those amounts in full on that date. The Note Holder shall have the optional right to declare the amount of the total balance hereof to be due and forthwith payable in advance of the Maturity Date upon the occurrence of any Event of Default or failure to perform in accordance with any of the terms and conditions set forth in the Subordinate Mortgage. Upon exercise of this option by the Note Holder, the entire principal shall bear interest at the rate of three percent (3%) per annum. Forbearance to exercise this option with respect to any failure or breach of the Borrower shall not constitute a waiver of the right as to any continuing failure or breach or any subsequent failure or breach. The entire principal amount of the Note shall be due and payable if the Borrower sells, rents, refmances (subject to the Lender's Subordination Policy, as amended) or if the property ceases to be the principal/homestead property of Borrower or upon a default as described herein. (B) Monthly payments will be in the amount of 77.78 in (U.S. Dollars) 4. BORROWER'S RIGHT TO PREPAY The Borrower has the right to prepay the balance due on this Note. A payment of principal only is known as a "Prepayment". When a prepayment is made, the Borrower must notify the Note Holder, in writing, that they are doing so. Full prepayment or partial prepayments may be made without paying any prepayment charge. The Note Holder will use all prepayments to reduce the amount of Principal that is owed under this Note. If a partial prepayment is made, there will be no change in the Due Date, unless the Note Holder agrees, in writing, to this change. Should the borrower sell, refinance (subject to Subordination Policy of the Lender, as amended), rent or otherwise transfer title of the Property or if the property should cease to be the principal residence, or fail to meet the required obligations of this Note, the full amount of the Note will be due to the Note Holder. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is fmally interpreted so that the interest or other loan charges collected in connection with this loan exceed the permitted limit, then any sum already collected which exceeded permitted limits shall be credited as a payment of principal, unless the Borrower shall notify the Note Holder, in writing, that the Borrower elects to have such excess sum returned to it forthwith. 6. BORROWER'S FAILURE TO PAY AS REQUIRED BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payments by the end of fifteen (15) calendar days after the date it is due, the Borrower will pay a late charge to the Note Holder. The amount of the charge will be the lesser of $25.00 or five percent (5%) of the overdue payment of principal and interest. The Borrower will pay this late charge promptly but only once for each late payment. Page 2 of 5 Initials NA_ J: uPe • • (B) Default Except as otherwise provided in Section 3 above or the provisions of the Mortgage, if the full amount is not paid by the Due Date, the Borrower will be placed in default. (C) Notice of Default If the Borrower is in default, the Note Holder shall send a written notice which advises that the full principal amount, including any interest that may accrue (as defined in Section 2 and 3 above), is due and payable by a certain date. That date must be at least 30 days after the date on which the notice is delivered or mailed. The Note shall become due and payable if the borrower should sell, refinance (subject to the Lender's Subordination Policy, as amended), rent or otherwise transfer title of the property secured in this Note or if the Property should cease to be the principal/homestead residence of the borrower. Should the Borrower default against any provisions contained in this Note and corresponding Mortgage, or the Mortgage Documents, the outstanding principal will bear an interest rate of three percent (3%) per annum from the date of said default. (D) No Waiver By Note Holder The remedies of the Note Holder, as provided herein, or in the Mortgage Instrument shall be cumulative and concurrent and may be pursued regularly, successively or together, at the sole discretion of the Note Holder, and may be exercised as often as occasion therefore shall arise. No act of omission or commission of the Note Holder, including specifically any failure to exercise any right, remedy or recourse, shall be deemed to be a waiver or release of the same, such waiver or release to be effected only through a written document executed by the Note Holder, and then only to the extent specifically recited therein. A waiver or release with reference to any one event shall not be construed as continuing as a waiver or release of any subsequent right, remedy or recourse as to a subsequent event. Even if, at a time when the Borrower is in default, the Note Holder does not require immediate payment in full, as described above, the Note Holder will still have the right to do so if a default occurs at a later time. (E) Payment of Note Holder's Costs and Expenses In the event the Note is collected by law or through an attorney at law, or under advice there from, the Note Holder will have the right to be paid back for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees, which are defined to include, without limitation, all fees incurred in all matters of collection and enforcement, construction and interpretations, before, during and after trial, proceedings and appeals, as well as appearances in reorganization or similar proceedings, and the cost of paraprofessional personnel working under supervision of an attorney. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given under this Note will be given by delivering it or by mailing it by first class mail to the Borrower at the Property address Noted above. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder, at the address stated in Section 1 or at a different address if the Borrower is given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of them together. This means that any one of them may be required to pay all of the amounts owned under this Note. Page 3 of 5 Initials PZ f 4 9. WAIVERS All persons now or at any time liable, whether primarily or secondarily, for the payment of the indebtedness hereby evidenced, for themselves, their heirs, legal representatives, successors and assigns respectively, hereby (a) expressly waive the rights of presentment, demand for payment, notice of dishonor, protest, notice of nonpayment or protest, and diligence in collection. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give Notice to other persons that amounts due have not been paid. (b) consent that the time of all payments or any part thereof may be extended, rearranged, renewed or postponed by the Note Holder hereof and further consent that the collateral security or any part thereof may be released, exchanged, added to or substituted for by the Holder hereof, without in anyway modifying, altering, releasing, affecting or limiting their •respective liability or the lien of any security instrument; (c) agreed that the Note Holder, in order to enforce payment of this Note, shall not be required first to institute any suit or to exhaust any of its remedies against the Borrower or any other person or party to become liable hereunder. This Note and the instruments securing it have been executed and delivered in, and their terms and provisions are to be governed and construed by the laws of the State of Florida. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Subordinate Mortgage (the "Subordinate Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if the Borrower does not keep the promises which are made in this Note. The Subordinate Security Instrument is and shall be subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Mortgage and Second Mortgage. The Subordinate Security Instrument described how and under what conditions the Borrower may be required to make immediate payment in full of all amounts owed under this Note. The Note Holder may, at its option, require immediate payment in full of all sums secured by this Subordinate Security Instrument. However, this option shall not be exercised by the Note Holder if exercise is prohibited by federal law as of the date of this Instrument. If the Note Holder exercises this option, the Note Holder shall give the Borrower, the Senior Lien Holder and the Second Lien Holder prior written notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Subordinate Security Instrument. If the Borrower fails to pay these sums prior to expiration of this period, the Note Holder may invoke any remedies permitted by this Security Instrument without further notice or demand on the Borrower. 11. If more than one party shall execute this Note, the term "Borrower", as used herein, shall mean all parties signing this Note and each of them, who shall be jointly and severally obligated hereunder. In this Note, whenever the context so requires, the neuter gender includes the feminine and/or masculine, as the case may be, and the singular number includes the plural. 12. COPY RECEIVED Borrower hereby acknowledges receipt of a copy of this instrument. [The remainder of this page intentionally left blank] Page 4 of 5 Initials P1 R Ik Notice to Borrower Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign. IN WITNESS WHEREOF, this Note has been duly signed by the Borrower on or as of the day and year first above written. In the presence of: Witness d bV E a,¢u= cp PAB : UIS RODRIGUEZ ARIAS ht,( -0-G Witness P-AAAAAA-- Mr's 1_ 21,0 ODALYS rARIA PACIOS CHAVIANO STATE OF FLORIDA I COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 26TH day of AUGUST, 2015 by PABLO LUIS RODRIGUEZ ARIAS & ODALYS MARIA PACIOS CHAVIANO, husband and wife, personally known to me or who have produced a drivers license as identification. My Commission expires: 7/23rn DIANNE CORVELLO Commission # FF 144522 My Commission Expires July 23, 2018 Notary ublic Page 5 of 5 Initials 91 A, A