PARTIAL RELEASE OF MORTGAGE - CLEARWATER NEIGHBORHOOD HOUSING SERVICES INCORPORATED
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STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
A03 -- OtJ'O~~
(Jb"~e.:i )-evt"~/6
Miami . Ft. Lauderdale · Tampa
Patricia K. Green
Direct Line: (305) 789-3345
Fax: (305) 789-3395
Email: pgreen@swmwas.com
Museum Tower, Suite 2200
150 West Flagler Street
Miami, Florida 33130
(305) 789-3200
May 27, 2005
VIA FEDERAL EXPRESS
Ms. Pamela Akin
City Attorney
City of Clearwater
112 S. Osceola Avenue, 3rd Floor
Clearwater, FL 33756
,RECEIVED
MAY 3 1 2005
r;ITY ATTORNEY
Re: Greenwood Apartments
Dear Ms. Akin:
This firm represents Greenwood Apartments, LLC ("Greenwood"), to which the City of
Clearwater made a SHIP loan in the amount of $700,000. The loan closing was in April of 2002.
The Greenwood SHIP loan is secured by a mortgage encumbering an apartment complex (the
"Apartment Site").
The City also made a loan to Clearwater Neighborhood Housing Services ("CNHS") in
August of 2002, in the amount of $125,000. That loan was secureQ.;by a mortgage encumbering
certain property described on Exhibit "A" attached thereto (copy enclosed). The mortgaged property
included a very tiny triangular parcel of land (62 square feet) that was supposed to have been
conveyed to Greenwood when it acquired the Apartment Site but for title reasons, Greenwood did
not accept the conveyance until a later date.
When the triangular parcel was conveyed by CNHS to Greenwood in October of 2002 (a
copy ofthe deed is enclosed), no title update was performed. Since we are now refinancing the bond
debt on the Apartment Site (including the triangular parcel which is now part of the property) we
updated the title and found that the triangular parcel is encumbered by the lien of the mortgage given
by CNHS to the City. The purpose of this letter is to request that the City grant a partial release its
mortgage securing the CNHS loan, with respect to the 62 square foot triangular parcel, only.
A form of partial release is enclosed herewith for signature on behalf of the City. The
triangular parcel is depicted on Exhibit "A" attached to the release. I suspect releasing the parcel
from the lien ofthe CNHS mortgage will not have an adverse effect ofthe security given to the City
by CNHS, and it will enable us to deliver the proper title to the issuer of the bonds and the credit
enhancer for the Apartment Site. Therefore, the City is requested to execute the enclosed release and
return it to me. Of course, if you have any questions I will be happy to answer them for you. Please
call me to confirm your receipt of this letter and to advise me as to what the procedure for release
· www.steamsweaver.com .
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May 27,2005
Page 2
will be (i.e., whether it needs to go onto an agenda for commission approval or can be taken care of
without a meeting).
If you have any questions with regard to the foregoing, please do not hesitate to contact me.
Best regards.
Enclosures
G:\W-BJM\11478\OI7\akin-ltr2,wpd
. www.stearnsweaver.com ·
O.R. 12300 PAGE 1707
Tr::..s(n~trument ~s prepared By, Record
and Re+;.urn To: v&rJV-
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Patricia K. Green, Esq.
Stearns Weaver Miller Weissler
Alhadeff & sitterson, P.A.
150 West Flagler St., suite 2200
Miami, Florida 33130
~ F. DE BlAKER, CtfRK If roJRT
PIt(llAS COIJ{TV, FLORIDA
'1C22B438 10-24-2002 12:03:42 LMB
51 DED-ClW HOUSING/GREENWOOD APTS
00??oo
11:0239'7221 BK:l2300 SPG:l707 EPG:l709
RECORDUIi 003 PAGES 1 $15.00
DOC STrw - DR219 3 $.70
Property Appraiser
Identification No.
Grantee's Tax
Identification No.
PAGES ~
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AGel
REC /5.{) 0
OR:"W . ,.,t:J
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FEES
MTF III
PIC ~~,,~ THIS SPECIAL wARRANTY DEED made this 1:L day of October, 2002,
RijV: ' t: W'een CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INCORPORATED, a Florida not for
~ ~Lofit corporation (the "Grantor"), whose mailing address is 608 North Garden
. Avt:uue, Clearwater, FL 34615; and GREENWOOD APARTMENTS, LLC, a Florida limited
: CK B~~ l';'ab~lity company (the "Grantee"), whose mailing address is 400 North Ashley
,HGA Drive, 2nd Floor, FL1-010-02-07, Tampa, FL 33602.
02-397221 OCT-24-2002 12.03
P INELLAS CO 8K 12300 PG '170~
I IIIUI II IIIIUII .. .11I111
TOTAL:
am< AKT. TENDERED:
. J..A a CHANGE.
8V(/J1!JJ) [(PlJTV aiRK
(Reserved)
$15.70
$15.70
$.00
10/29/15/00000/240/0100
SPECIAL wARRAN'l'X DEED
!! !. 1: l! ~ 2 2 ~ 1: 11:
That Grantor, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, to it in hand paid by
Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain,
sell, alien, remise, release, convey and confirm unto Grantee the real property
(the "property") located in pinellas County, Florida, and more particularly
described in Exhibit "A" attached hereto and made a part hereof.
SUBJECT TO:
1. All easements, conditions, covenants, restrictions,
reservations, limitations and agreements of record, provided that this instrument
shall not reimpose same.
2. Real estate taxes for the year 2002 and all subsequent years.
TOGETHER with all the tenements, hereditaments and appurtenances
belonging or in any way appertaining to the property.
TO HAVE AND TO HOLD the same in fee simple forever.
AND GRANTOR hereby covenants with Grantee that Grantor is lawfully
seized of the property in fee simple; that Grantor has good right and lawful
authority to sell and convey the property; and that Grantor does hereby fully
warrant the title to the property and will defend the same against the lawful
claims of all persons claiming by, through or under Grantor, but against none
other.
,
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PINELLAS COUNTY rLA.
Orr.REC.8K 12300 PG 1708
IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to
be executed on the day and year first above written.
W
Robert R. N\1.r5ha J 1_
~int Name of Witness
~_ W,~
w ness Signature
..Jenn~ Q,.- lAJ Sme+h&--s
Print Name of witness
CLEARWATER NEIGHBORHOOD HOUSING SERVICES
INCORPORATED, a Florida not-for profit
corporation
B~~M_
ame:
T1 e:
ACXNOWLEDGMENT
STATE OF FLORIDA )
) SS:
COUNTY OF PINELLAS)
The foregoing instrument was acknowledged before me this E day of
October, 2002, byW ~r' .:.II)"" '(\ 5tln , as ;?"'Arrl ?r~s~de n;- of CLEARWATER
NEIGHBORHOOD HOUSING SERVICES, INCORPORATED, a Florida not for profit
corporation, on behalf of the corporation. He~~ is@'isonally known to~~ or
presented a Florida driver's license as identif1cation and did not take an oath.
My Commission Expires:
..-'!."~"""" Mary '"' Cole
If:>>" ~~ MY COMMISSION' ctl51531 EXPIRES
:*t : ~ June 29. 2tt4
~....,. IONDEt1HlUlIOYfMllMS\lIAMCf.lNC.
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G.\W_8JM\1l478\017\deed-triangular.vpd
lic, State of Florida
Print me: 1v1tf1,'Y 14F>/"l CtJ Ie.
Commission No. ~-2q-t)l1
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SKrn::H AND LEGAl.. DESCRIPTION
THIS IS t:!J2I. A SQUNOARY SURVEY
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PINELLAS COUNTY FLA.
OFF.REC.8K 12300 PG 1709
EXHIBIT 'IA"
N.W. CORNEA 0;
S.W. 1/' OF S..E. 1/.
OF' ~.W. \/<4 SeC. 10-29-15
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A. t>ORTlON Of' THE. NORTH 122 rEEf OF THL WEST ns. raT OF' THE soU1'HWtST l' oF' THE SOUTHEAST J4 OJ:' .TWE:
toIORTHWe:s1' I( OF SECTlON '0. 'tOWNSHIP 29 SOUTli, IW4GE '5 EAST. PlN~ coutm'. n.ORIDA. BEINCi FURTHER
DESCRIBED' ~ FOLLOWS:
ffiOIol :rHE IiORTI1WEST caR~R Of'ltIt SOUTHWEST )( OF TI-iE: SOUTt1EAS1' W Dr THE NORTtiWEST ~ OF' SECtiON 10,
To\YlllSHIP 29 SOU'lH. R.l.NGE 1S EAST. PIWQ.lAS COUNtY. rLORlDA.: THENCE S8lrOS'3",-E "'LONG THE NORn-tERLY
BOUNDAA'Y THERE-OF A. DISTANCE OF "6,00 FeET; T1iENCE St:Jcrl4'~8~. "2491 r[ET TO tHE POINT Dr BEGlNNlNC;
Tt-lENCE C0N1INUE'SOO'\4'S9"'W, 9.D9 F'EET:'THENCE N891)S')4"'W 13.60 rEE:T; THENCE: NSD~J'4B.E. 16.29 rEET TO THE
POINT OF BEGlNNINC.
CONTAINlNC 62 SOUARt FW. MORt' Ok LESS.
. PArIWttD Faa. THE EXClIlSNt ust ~ 8CIlUlr Of IttE PAATES LIstOl tfERl~ l~ 10 1HDlD p~ l(J\'r NOi BE TRANlFtRREO
alt A$SII;NED fJIUI"T \tm1 'IHE ~ -nvc cotfS(NT OF ~ S\lMTlNC couP,," at ,~ \He.
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AMERICAN SURVEYING COMPANY
"OF TAMPA INC.
L.B. #4631
,(517 GEORGE ROAD. SUITt 21D
. T1JCPA. n.DRIDA · :0&34
. PI-\. (813)2(9-85J3 . .rA:( (8 I~) ~~9-!6'-9
CEFmm:o TO:
BANI< OF" AU[RICA
I ~Rtt1' CUlTlfY THAT '1H[' $I([TCH Nola ~ ~ OEPlCfC
11t~0f<< &(U'fS T14t lI.~OUCR[Wa(rs OF Ct1APTEA slan-s. NlRlD^
...oloCUllSTRATNE COOt. 'U~ 10 N>R10A. 8'TAllTt$ ~ a.72Jl2'.
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f vALlO I40UT TH( ORIC1NAl. SIQ~'hJtl.! Nl.O RAISE/) ~ or ,. fl.ORCOIo. +
tN~1l $\I~lt .u.O ~P~, OR ITS EI.[CT~~ ECUlII'ooILbft 'f:
TOTAL P.08 I'
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City of Clearwater
Dept, ofEeonomic: Development & Housing-
Housing Division
112 S, Osceola ^ vc,
Clearwater, FL 33756
IFlilGES 9-
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PIIUlAS mtm', flORIDA
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2C193550 08-1(.-2002 17:04:02 JAG
51 HTG-cLLR IfIGIlBWIJOD HOllSU<<J
025152
I1:02306lJ4 BK:12167 SPG:IB3':l EPG:IB46
I\{CORDIHG ooa Pf<<S 1 $31.50
DOC STAIf ClllECTllJl 2 $437.50
IHTAHGIfU TAX 4 S250.OO
/,'
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This instrument prepared by:
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MORTGAGE
S?25.OO
$725.00
$.00
TOrrt:
CIfD( flHT. -RED:
CWlta :
BY ~_ 0CPlITV Cl.m<
''tJ
lHlS MORTGAGE ("Security Instnunenl"~,m.. lItllde this t \~ day of August 2002. The granlor is
Clearwater Nell!hborhuod HU_IIII! Sen1ees:rm;~~!'ThiS Security lDatrumenl is given 10 the City ofClea1Wllter,
organized lIIId existing under the laws of the State offlorida whose address is 112 South Osceola A venue, Clea1Wlller,
Florida 33756 (Lender). In this Mortgage, whenever the contexl so requires, the tenns "Lender" and "Bonower" shall
include heirs, legal representatives, SIICC:eSSors and assigns of such paJ1ies.
WITNESSE1lf:
02-306634 RUG-16-2002 S:O~
PINeLLRS CO BK 1216? PO lB39
'..1111811I8111
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Borrower owes Lender the principal sum of One-Hundred Tweatv-Flve ~nd DoI18n (U.s. 51%5,000), This debt
is evidenc:ed by Borrower's NOle dated the same date as this Mortgage (uSec:urity Instrument"), which provides for 110 ,
payments for the fust three (3))'elIrs if the Borrower c:omplies with the terms of the NOle and Sec:urity Instrumml. The
Note provides that the full debt, if nOI paid earlier, shall be due and payable on the dale whichever of the fOllOWing is the
fIrSt to OCCur: 396 months from the date of the Note has be executed or the dale the property is transferred, sold,
assigned, refinanced, or all or a POrtion is disposed of in lIIIY manner (the "Due Date" of the Note) or if the Bonower
fails to secure lIIId/or improve the facilities and is not operating OD a positive cash I1ow, as delennined by audited
fmancial statements, after three (3) years from the dale that the Note is executed.
f:" .~
This Sec:urity Instrument secures 10 Lender (a) the repaymenl of the debt evidenc:ed by the Note, with inlerest, if
applicable, as provided in the Note, and all renewals, extensions and Modifications of the Note; (b) the perfonnanc:e of
Borrower's Covenants lIIId agreements under this Security Inslrumenl and the NOIe:. for lhis PUrpose, Borrower
irrevocably mortgages, grants and conveys 10 Lender and Lender's sUc:c:essors and assigns with power of sale, Ihe
property located in Pinellas County, Florida, which has the address of:
]045 North Martin Luther KJIIl! Avenue. Clearwater. FIortda 33755
and is further described as;
E:lhlblt "A" attached.
TO HAVE AND TO HOLD this, property unto Lender and Lender's sUC:c:essors and assigns, forever, all the
improvements now or hereafter erecled on the property, and all easements, appurtenances, and fixtures now or he:real\er
a part of the property, All replacements lIIId additions shaD also be covered by this Security Instrument All of the
foregoing is referred to in this SeCurity Instrwneul as the "Property".
BORROWER COVENANTS that Borrower is lawfully seized of the estale hereby c:onveyed and has the righl to
mortgage, grant and convey the Property and other enc:umbranc:es of record ac:c:eplable 10 the Lender, the Property is
unenc:umbered. Borrower wanants and will defend generally the title 10 the Property against all claims and demands,
subject to suc:h encumbranc:es of record.
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Document-Book.Page 12167.1839 Page: 1 of 8
Description: Pine11as,FL
Order: 1 Comment:
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P1HE~~A5 cou~~vP~~~B4o
orr ,REC .81< \2 \
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
8/1001 -CNHS Mortgage
I. Payment of Indebtedness. Borrower shall promptly pay, when due, the principal. and intercst (if
applicable) on the debt evidenced by the Note.
2. Funds for Taxes,lnsurance and Assessments. Subject to applicable law, Borrower shall pay to lender,
until the Note is paid in full, a sum "Funds" for: (a) yearly Illtes and 155eSSIlleIIts which may IUlin priority OYer this
Security Instrument as I lien on the properly; (b) yearly lellSehold paymenls or ground mils on the Property, if Iny; (c)
yearly hazard or property insurance premiums; (d) yearly flood insurance premiums. if any; (e) yearly mortgage
insurance premiums, if any; and (I) any other charges and encumbrances which now or hereafter Ire a lien upon the
premises or any part thereof.
3. Prior Mortgages; Charges; Lfens. The Borrower shall perform all oflhe Borrower's obligations under the
this Mortgage, including Borrower's covenants 10 make pa)'ments when due. Borrower shall pay all taxes, assessmenls,
charges, fines and impositions attnbutable to the Property that may attain priority over this Security Instrument, and
leasehold payments or ground rents, if any. Borrower shall pay tbesc 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
Promplly furnish to lender all notices of amounts to be paid IIIlder this paragraph. If Borrower makes these payments
directly, Borrower shall promptly furnish to lender receipts evidencing the payments.
The Borrower shall place in a subordinate position any other lien on the property and this Security Instrument and Note
shall have priority over any other lien unless the Bonower: (I) a~ in writing 10 the payment of the obligation s<<ured
by the lien in a manner acceptable to Lender; (b) Contesls in good faith the lien by. or defends Igains! enforcement oflhe
lien in, legll proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (cl secures
from the holder of the lien an agreement satisfactory to lender subordinating the lien to this SeCUrity Instrument.
Except for the lien of this Mortgage, if Lender determines that any part of the Property is subject to I lien that mayaltain
priority over this Security Agn:ement, 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 thallhis Security Agreement shall be in first
position and all other mortgages shall be subordinate in all respects to lhe liens, lenns, covenants and conditions of the
Firsl Mortgage and 10 all advances herelofore made or which may hereaRer be made pursuant 10 the First Mortgage
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 Propeny. The tenns and provisions ofthe
First Mongage are paramount and controlling, and they supersede any other terms and provisions hereof in conflict
therewith. In the eventofa foreclosure or d<<d in lieu of foreclosure of the Firsl Mortgage, any provisions hercin or
any Provisions in any other collateral agreement restricting the use of the Property to low or moderate income
households or otherwise restricting the Borrower's ability to sell the Propeny 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 Bonowerl, receiving lille 10 the Property Ihrough a foreclosure or deed in lieu of
foreclosure of the First Mortgage shall receive title to the Property free and clear from such restrictions,
S. Hazard of Pruperty Insurance. Borrower shall keep the improvements now exisling or hereafter erecled
on the Property insured against loss by fire, hazards included within thelerm "extended coverage" and any olher
hazards. including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the
amounts and for the periods that Lender requiJes. The iusurance carrier providing the insurance shall be chosen by the
Borrower subject to Lender's approval which shall DOl be unreasonably withheld. If Borrower fails to maintain coverage
described above, Lender may, at l.ender's option, obtain coverage to protect lender's rights in the Property in
accordance with paragraph 7.
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Document-Book.Page 12167.1839 Page: 2 of 8
Description: Pinellas,FL
Order: 1 Conunent:
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PINELLRS COUNTY fLR.
Orr,REC,BK 12167 PG 1841
812002 -CNHS Mortgage
All insurance policies and renewals shall be lItceptable to Lender and shall include a standard mortgagee clause. All
original policies of insurance required pursuant to this Security InstnJment shall be held by the Lender, 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 and the Lender, Lender may make proof of loss ifnot
made promptly by the Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proteeds 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 proteeds shall
be applied to the sums secured by this 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 insunuce proceeds. Lender may use the proceeds to
repair or restore the Property or to pay sums secured by the 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. Jfunder paragraph 17 the Property is acquired
by the Lender, Borrower's righl 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 Security IDStrument inunediately prior to lhe
acquisition.
6. Occupancy, PreserV8tion, Maintenance au Protedtea of tile Property; Hazard Substances;
Borrower's Loan AppUcatlon. Borrower shall secure facility within fourteen days of the execulion of this Security
Instrument and NOll'. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorale. or
commit waste on the Property. Borrower shall be in default ifany 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 Security Instnunent 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 determinalion. precludes forfeiture of the Borrower's inlerest in the Property or other material impainnenl of
Ihe lien crealed by this Security Instrument or Lender's security inlerest.
Borrower shall not cause or permit the presence, use, disposal, Slorage, or release of any Hazardous Substances on or in
the Property. Borrower shall nOI 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 Subslancesthat are generally recognized to be appropriate to normal residential uses and
to maintenance of the Property.
As used in this paragraph, "Hazardous Substances" are those substances defmed as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, oth~ flanunable 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 thai relate to health, safety or environmental protection.
Borrower shall promptly give Lender written notice of any invesligation, claim, demand, lawsuit or oth~ 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 govenunenral or
regulatory authority, that any removal or other remediation of any Hazardous Substance affecting thePropeny is
necessary, Borrower shall promptly take all Decessary remedial actions in accordance with Environmental Law. Prior 10
liking any such remedial action, however, tbe Borrower sballootify the Lender.
Borrower shall also be in default if Borrower, gave materially false or inaccurate information or statements 10 Lender (or
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Document-Book.Page 12167.1839 Page: 3 of 8
Description: Pinellas,FL
Order: 1 Comment:
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P1HEl.l.RS ~~~6~ PG le~2
orr ,REC,BK
8/2002 -CNHS Mortgage
failed to provide Lender with any material information) in connec:tion with tbe loan evidenced by Ihe Note, including,
but not limited to, representations concerning Borrower's intended use of the Property,
7, Protection orJ.ender's RIghts In the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceedins thai may Significantly affect Lender's righls in the
Property (sueh as a proceeding in bankruptcy, probate, for c:oncIemnation 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 Ihe
Property. Lender's actions may include, appearing in coun, paying reasonable attorney's fees and entering on the
Property to make repairs. Although Lender may take action under this pafllgnph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this pangraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest
from the dale of disbursement al the flIte of seven percent (7%) per annum and shall be payable, with interest, upon
nOlice from Lender 10 Borrower requesting payment.
Lender and Borrower further agree that a default hereunder shaD constitute a default under this Mortgage. In the event
ofa default hereunder, the Lender shall have the right to exercise IU rights and remedies under this Mortgage and Note.
8. Inspection. Lender or itsagent may make reasonable entries upon and inspections of the Property. Lender
shall give Borrower nOlice 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 Iny eondemnation 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.
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 Ihe
amount of the sums secured by this Security lns1rumenl, 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 Security Instnunenl, whether or nol then due.
Unless Lender and Borrower otherwise agree in writing. any applicalion 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 under Not A Waiver. Any forbearance by Lender in exercising any right or remedy
shall not be a waiver of or preclude Ihe exercise of any right of remedy.
II. Successors and Assigns Bound; Joint and Severa' UabUlty; Co-Slgnen. The covenants and
agreements of this Security Instrument shall bind and benefit the IlUCCCSSOI'S and assigns of Lender and Borrower, subject
to the provisions of paragraph 1 S. Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument but does DOl execute the Note: (a) is co-signing this Security Instrument only to
mongage, granl and convey the Borrower's inlcn:st in the Property UDder the temu of this Security Instnunent; (b) is nol
personally obligaled to pay the sums secwed by Ibis Security Inslrument; and (c) agrees that Lender and any other
Borrower may agree 10 extend, modify, forebear or make any other accommodations with regard to the terms of this
Security Instrument or the Note withoUI that Borrower's consent.
12. Notices. Any notice to Borrower provided fOl' in this Security Instrument shall be given by delivering it or
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Docwnent-Book.Page 12167.1839 Page: 4 of 8
Description: Pinellas,FL
Order: 1 Conunent:
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PINE~~RS ~~~~~Vp~~~e43
orr.RtC.BK
8/2002 -CNHS Mortgage
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 norice provided for in this Security Instrument shall be deemed
to have been given to Borrower or Lender when given as provided in this paragraph.
13. GovernJng Law; Severability. This Security Instrument shall be governed by federal law and the law of
the jurisdiction in which the Property is located. In the evenl that any provision or clause of this Security Instrument or
the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the
Note which can be given effect withoul the conflicting provision. To this end, the provisions of this Security Instrument
and the Note are declared to be severable.
14. Borrower', Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
IS. TnDlfer .rahe Property or a Benelida1lnterest Ia Bornnrer. If the Bonower transfers. assigns, sells,
refinances, or in any maMer disposes orall or a portion of the Property, or any ioterest therein, then the sums secured by
this Security Instrument will become immediately due and payable. and such outstanding indebtednCss shall bear
interest at the rate of seven pen:ent (7%) per aMUm from the elate of such tnnsfer, assignment, sale. refmance. mortgage
or other conveyance until paid in full.
If Lender exercises this option. Lender shall give Borrower 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 Security Instrument. If Borrower fails 10 pay these sums prior to the expiration of this period,
Lender may foreclose and invoice any other remedies pmnitted by this Security Instrument without funber 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
Security Instrument. to the extent nol prohibited by applicable law.
In the event suit is instituted to foreclose or to enforce payment of the sums secured by this Security Instrument, or to
enforce perfonnance of any covenant or obligation hereunder. Lender shall be entitled to the appointment of a Receiver
to take charge of the Property, to colleclthe 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 10
the Lender. and all rents, profits, incomes, issues and revenues of the Property are hereby assigned and pledged as
funber 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 atleasl60 days' prior written notice.
J 6. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to
have enforcement afthis Security Instrument discontinued at any lime, Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Inslnlment and the Noee as if no acceleration had
occurred; (b) cures any default of any other covenants and agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, ineluding, but not limited 10, reasonable attorney.. fees; and (d) takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's
obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatemenl by
Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as ifno acceleration
had occurred. However, this righllo reinstate shall nolapply in the case of acceleralion under paragraph IS,
J 7. Acceleration; Remedies. Lender shall give lIOlic:e to Bonower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument. The notice shall specifY: (a) the default; (b) the action
required 10 cure the default; (c) a date, nota than 30 days fiom the elate the notice is given to Borrower, by which the
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Description: Pinellas,FL Document-Book.Page 12167.1839 Page: 5 of 8
Order: 1 Conunen t :
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PINE~~RS COUNTY r~R.
Orr,REC.BK 12167 PG 1844
8/1001-CNHS Mortgage
default must be CURd; and (d) that failun: to CUR the default on or before the date specified in the notice IDaY result in
accelention of the sums secured by this Security IDS1rumeaI, foreclosure and sale of the Property. The notice shall
further infonn Borrower of the ript to rehutate Ifter acceIeratioD. If the default is not CURd by the Bonower on or
before the date specifaed in the notice, then Lender at its option may requin: immedilte payment in filII of III sums
secured by this Security Instrument without fiuther demand and may foreclose by judicial proceeding, and may invoke
the power of sale and Iny other remedies permitted by applicable law. NotwitbslaDding Lender's right to invoke any
remedies hereunder, IS provided in Section 7 above. Lender shall be entitled to collection aU expenses incurred in
pursuing the remedies provided in this paragraph, including. but not limited to, rnsonable attorney's fees and costs of
title evidence.
18. Releue. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument without charge to Bonower. Bonower shall ply any recordation costs.
19. Notice to Borrower. Do DOt sign this Mortpgc if it c:ontains blank spaces. All spaces should be
completed before you sign.
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k 12167.1839 Page: 6 of 8
Description: Pinellas,FL Document-Boo .page
Order: 1 Conunent:
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~INELLRS COUNT V rLR,
Orr,REC,BK 12187 ~G IB45
8/1002 -CNHS Mortgag('
BY SIGNING BELOW, Bonower accepts IJld asrees 10 the lmns and eoYelWlts contained in !his Securily Instrument.
Wilnesses:
\""~t>\l~ 1\\ ,Lv ~ll ,",'
oard President
Printed Name: :'4\ A ~,.. ,,\\ (\,. \..Lt (. B [: p.
1}P,!JIft~/J
Printed Name: ~rrc JI},~
(Non-Pun:hasing Spouse)
Social SecwiCy Number:
Printed Name:
(Co-....~t. )
Social SeaaiIy Number:
Stale of: Florida
Counly of: PinellI.
I hereby certify that on this clay, befote me, In ofTacer duly IUtborized in the state Ifmaaid and in the eounly
aforesaid 10 take Idmow1cdgemeols, peISOII8lly appeatCd 'N'",,4r I ."TI)~ n Sb" . who isJlenoaally IinoWiijto
me or who hIS produced IS identitkatioa., who didldid not l8Ite an oath. and who
executed !he foregoing instnunent IJld acknowledged before me lhat_ executed the same for the purpose lhemn
expressed.
Witness by hand and ofTK:ial seal in the ,oUQIy and slate afmaaid this1 clay o~. 1801.
NotaryPubli<:c.P~~ &::'~
My Commission expires: ~/.J.~ IOlf
~~Q Moly""" Colt
f.'!" j,"T. MfCO"..SSlOIU ttfSlW fllPlI(S
,. I ~29.:lII04
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Description: Pine11as,FL Document-Book.Page 12167.1839 Page: 7 of 8
Order: 1 Comment:
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EXHIBIT "A"
PINEL.L.A
orr,REC s; COUNTY rLA
. JeJS? PG Je~s
The north 122 feet of1he West 175 feet oftbe SW ~ of die SB ~ ofNW ~ ot
section 10, T~ 29 Soatb, Raap 15 But, PiDcllasCounty. Florida. Less 8Dd
Bxccpt the mad dghts-ofway. Being men partica1ar1y described as follows:
Cnmmeaee It the NW comer ofSoction 10, TOWDSbip 29 South. RIDge 15 East;
1benc:e S. S90 45' 46- B.. aloog the North boundary of8lid sec:tioo 10. a cIismncc of
1.331.01 feet; tha1c:e S.OOO 00'36- E. alOUS the CCIdl::rIiac oftbc ript-of-way IS occupied
for 0rceIlw00cl Avenue. a distaoce 012.012.08 feet; dIeace S. S90 42'O'r' E., a distance of
30.00 feet to the Point ofB~ tIIcace CODtiDue S. W>>42'07" E.. a disIaoce of
145.00 feet; thmc:c S. 000 00'36- B.. a disIImce of 102.00 feet; tbeDce N." 42'07- W.. a
cliataoc:e of 145.00 feet to a point OIl the Eat daJat-oI-way line of GmmwoocI Avawe;
thcoce N. 000 00'36" W., a disIaoce of 102.00 feet to 1bepoimof~~
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Description: Pinellas,FL Document-Book.Page 12167.1839 Page: 8 of 8
Order: 1 Comment:
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PedEx I Ship Manager I Label 7922 9313 0752
From: Origin ID: (305}789-3200
Carmen Canelas
Stearns Weaver Miller PA
150 West Flagler Street
Sune 2200
Miami, FL 33130
~.
EIInss
[EJ
CL81221O<W8J10
SHIP TO: (727}562-4010
Pamela Akin, Esq.
City of Clearwater
112 S. Osceola Avenue
3rd Floor
Clearwater, FL 33756
BILL SENDER
Page I of 1
Ship Date: 27MAY05
Actual Wgt: 1 LB
Syslem#: 2282631/1NET2000
Accounl#: S .........
REF: 11478,017
11111111111111111111111111111111111111111111111111111111111111111111III11111
Delivery Address Bar Code
PRIORITY OVERNIGHT
rUE
Deliver By:
31MAY05
TPA A2
TRK# 7922 9313 0752
FORM
0201
33756
-FL-US
XH CLWA
Shipping Label: Your shipment is complete
1, Use the 'Print' feature from your browser to send this page to your laser or inkjet printer.
.. /., Foldthe printed P~~~JQr!9JheJ!.ori:~,QDtalline,u_____
3, Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned,
Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent
and could result in additional billing charges, along with the cancellation of your FedEx account number.
Use of this system constitutes your agreement to the service conditions in the current Fed Ex Service Guide, available on fedex,com, FedEx will not
be responsible for any claim in excess of $1 00 per package, whether the result of loss, damage, delay, non-delivery, misdelivery, or misinformation,
unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim, Limitations found in the current FedEx
Service Guide apply, Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit,
attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $1 00 or the
authorized declared value, Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $500, e,g, jewelry,
precious metals, negotiable instruments and other items listed in our Service Guide, Written claims must be filed within strict time limits, see current
FedEx Service Guide,
https://www.fedex.com/cgi-bin/ship_itJunity/9CfXv6AiXs2BaTvlEa V q lJiTs... 5/27/200510:48:32 AM
(p~)
City of Clearwater . F Y r
Assignment Detail
File #
Description
2/21/03 received from Howie agenda memo for 3/20/03 meeting re: approve Modification of Mortgage Note w/Greenwood
Apartments, LLC to increase City's loan to $1,000,000. Greenwood Apartments represents a partnership between Bank of America
Community Development Corporation and Clearwater Neighborhood Housing Services and 7 layers of financing. grh. 2/24/03 took
agenda item to clerk for 03/20/03 meeting. grh.
6/1/05 received from Pam a letter addressed to her from attorney Patricia Green re: obtaining a Partial Release of Clearwater
Neighborhood Housing Services Incorporated 8/8/02 mortgage i/a/o $125,000. Gave to Bryan. grh.
Financial Summary
Settlements:
Collected:
Hours:
Time Dollars:
A03-00065
Greenwood Apartments, LLC
Ruff, Bryan D.
Attorney 1
Attorney 2
Category
Type
Contact(s)
Agenda Item
Contracts - Non-Construct
Received
Status Desc
02/21/2003
Target
FM File(s)
Archive Information
Date
File Location
Box
Locator
Remarks
02/24/2003
Staff Hollander, Gwen
Investigator
Action Review and sign
Subject
Priority
Dept Housing Services
Completed
Status Code
02/24/2003
Closed
0.00
0.00
0.00
0.00
Expenses:
Contract Counsel Expense:
Total Expenditures:
0.00
0.00
0.00
Destroyed No
Destroyed Date
Printed 06/01105 10:30 am
City of Clearwater
Page
,.
This Instrum,~nt Was Prepared By, Record and "R'-I"D To:
RECEIVED
JUN 3 0 2005
Patricia K. Green, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler St., Suite 2200
Miami, Florida 33130
OFFICIAl.. ReCORDs AND
LEGISlAlM SRVCS DEPT
KEN BURKE, CLERK OF COURT
P/NELLAS COUNTY FLORIDA
~~T=E~~5K2~144656 06/27/2005 at 01:09 PM
. 10 PG: 27-30
DocType:PT REL RECORDING: $35.50
-------------------------------._-----
----------------- -
PARTIAL RELEASE OF MORTGAGE
WHEREAS, CLEARWATER NEIGHBORHOOD HOUSING SERVICES
INCORPORATED (the "Mortgagor"), by Mortgage dated the 8th day of August, 2002, and recorded
in the Office of the Clerk ofthe Circuit Court, in and for the County of Pin ell as, State of Florida, in
Official Records Book 12167, Page 1839 (the "Mortgage"), mortgaged unto the City of Clearwater
(the "Mortgagee"), whose post office address is 112 South Osceola Avenue, Clearwater, FL 33756,
the premises therein particularly described, to secure the payment of the sum of ONE HUNDRED
TWENTY-FIVE THOUSAND DOLLARS ($125,000.00) with interest as therein mentioned; and
WHEREAS, Mortgagor has requested Mortgagee to release the premises hereinafter
described, being part of said mortgaged premises, from the lien and operation of said Mortgage;
NOW, THEREFORE, that Mortgagee, in consideration ofthe sum ofTEN ($10.00)
DOLLARS and other good and valuable consideration, to it paid by Mortgagor at the time of
execution of this partial release of mortgage, the receipt whereof is hereby acknowledged, does
remise and release, unto Mortgagor, its successors and assigns, all that piece, parcel or tract ofland,
being a part of the premises conveyed by said Mortgage, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
TO HAVE AND TO HOLD, the same, with the appurtenances, unto Mortgagor, its
successors and assigns, forever, freed, exonerated and discharged of and from the lien of said
Mortgage and every part thereof; provided, always, nevertheless, that nothing herein contained shall
in anywise impair, alter or diminish the effect, lien or incumbrance of the aforesaid Mortgage on the
remaining part of said mortgaged premises not hereby released therefrom or any of the rights and
remedies of the holder thereof.
. '
-'
IN WITNESS WHEREOF, Mortgagee has caused these presents to be executed in
its name this .L:i!':. day of r--, 2005.
Witnesses.:.c""''''''\,. CITY OF CLEARWATER, FLORIDA
',' ~~~,"'-- ~': \i (fl l: I, ~ I
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a K. Akin
City Attorney
STATE OF FLORIDA
)
) SS:
)
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
ounty afqresaid to take acknowledgments, personally appeared
r' ~ . b YO asthe M~ '"lor of the CITY OF CLEARWATER,
LORIDA, on behalf of the City. He/She is personally known to me or has produced a driver's
license as identification and did not take an oath.
\ll...
r WITNESS my hand and official seal in the County and Stale last aforesaid this ~
day of ,2005.
c~ ~. ~..u-1L
Print or Stamp Name:
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
0:\ W -BJM\11478\O 17\Refinance\partial-release, wpd
..~~~rY.t;~~ Carolyn L Brink
~*(~'~d MY COMMISSION # 00203569 EXPIRES
~'~~$i May 22, 2007
"'~.~f..i~<r,;" BONDED THRU TROY FAIN INSURANCE, INC
-2-
1
STATE OF FLORIDA
)
) SS:
)
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
~te and County aforesaid to take acknowledgements, personally appeared
C:Tlttet<y l6~u~ (J;K,k as theltss,'~fC-kM^AhMI1h&HY OF CLEARWATER,
FLORIDA, on behalf of the City. He/She is personallyhown to me or has produced a driver's
license as identification and did not take an oath.
~ITNESS my hand and official seal in the County and State last aforesaid this I~
day 0 0--'- ,2005.
c r;(: ~
PrintorSta~
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
,,~'ti:.;:~.. Carolyn L Brink
f:f~-1'''\ MY COMMISSION # 00203569 EXPIRES
: ~ : J May n 2007
~:Y.'''' IlONDEDTHRUTROYFAlN INSURANCf,1NC.
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SKCTCH AND LE'GAJ.. DESCRIPTWN
THIS IS t:JQI. A eQUNO,A,RY SURVEY
, r
PINELLAS COUNTY fLA.
Off.REC.8K 12300 PG 1709
EXHIBIT 'IAtt '
",
NoW. CMNtA Dr
S.W., 1/' OF S.E. '/4
Dr: ~.w. 1/04 stc. to-29-15
~:._,.-
S.89"D9'.14~ . 175.00'
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YcU'r 17S' .-
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, . L-2 N8S.09'.:54 -W 13.60'
,
I L-3 N56"5J'4S"E 16.2S'
L.._. ~..._.._..---.._. .-..-.._~..-..
L~Al n~CRIPTlON
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A PORTION DF THE: NDRTH 122 F'EEf OF THE WEST 1'150 raT OF' TtfE SOUTHWEST ~ OF' T~E: SOUTHEAST '" Or:' .TJ.I~
NORtHWc:sr )C OF S(C110N 'a, 'tOWNSHIP ~9 SOIJT1i, ~GE , 5 ~, PlNEUA$ CQUN'1Y. rLORIDA, BEIHe; fURTHER
DESCRIBED' ~ F'OLlDWS: .
Fl{OIol :rHE NORTrWiEST caRNER 0f'l1it SOUTHWEST )( Of' THE souTI'tEAS1' " OF me: NORTtiWEST ]I( Of' Sc:crION 10.
TOWNSHIP 29 SOUlH. RANCE: 1S E'JST. PlIolfJ.lAS CDUNtY. f'LOR~ THENCE 589"'08'3-4,-E ALONG THE NORn-fERL.Y
BDUNDAA'Y THER~of A OIST~CE Of t'15,OO FEET~ THENCE SDO"H'~8"W. "2091 rEEl TO lHE POI~ Dr BEGINNING;
Ti'{D/CE CON'TINUESOo-U'S9"'W, 9.QS F'EET:'THENCE N8g-Q,'34-" 13.60 Fmi THENCE:: N5D~'.cB-E. 16.28 FEET TO 'l'HE'
POINT OF' ee:01NNINC. "
CONTAlNINC 62 SQUARE FEE'1. MORt OFt l.ESS.
. PADWIEJ) FaA THE EXCl.IISNt LISt ~ 8CIlEFlr Of lItE PAAlES UStto WERlCltL lWKm' TO IHlRD PAATlES ~'r NOT BE TAANiFtRRtD
DR ASSlGNC EIcCtJ"T ~ 1HE ~ -tniN COlfS(Nf Of ~ NMTlNC CQMIWIY of ,~ !He,
</
AMERICAN SURVEYING COMPANY
"OF TAMPA INC.
L.B. #4631
.cS17 GtoRGE IUWJ. sum: 21D
. TAJCPA, 'l.OR~ .. JJE34-
. PH. (8tJ)2(9-8SJ3 . .fA:( (8 I~) ~49-B6'-1I
CC:~T1rIEO TO:
BANK or' #JA(RIe,..
I ~Rtet' CWIIY IHA7 '1H[ SICETCH NUJ ~ ~ DEPICTeD
MEtttofc I<<!1S ~c RtOUlAtl4DCrs OF ~ s\cn-c. F\.DRID^
~IoCVIISTJk'&\It coot. ,LJRSuAI.tt 10 F\DRlOIo S\(lUft$ ~ &-'72Jl2',
'aOlO ,u,
OrESS
)RIC>\. <<t AATlDH No. ~32 I
r ....ALlO "OUT TM[. ORIClMAl. SIG~"I.IAt! N(O RAIS[J) ~ or ,. f'\.ORIOlo 'I'
t~$tD Su~1t NolO """'Ptlt OR ITS EI.[CTRl:lM~ tClUN~t 1::
Ig~"'-=I ,... 0.......' ~
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TOTAL P.08 '