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Hanner, John & Susan - 06-172CITY OF OKEECHOBEE, -vs- PETITIONER, RESPONDENT, JOHN AND SUSAN HANKER / CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 06 -172 1111111111101111111111111111111111111 FILE NUM 2006017154 OR BK. 00613 PG 0457 SHARON ROBERTSON, CLERK OF CIRCUIT COUF`. i OKEECHOBEE COUNTY? FL �rp,� RECORDED 10/12/2006 02 :54 :35 FM RECORDING FEES 18.50 RECORDED BY R Parrish Pss 0457 - 458; (2pss) ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board, City of Okeechobee, on September 12 , 20 06 . after due notice to the respondent, and the Board having heard evidence on the alleged violation by witnesses or affidavit, the Board therefore makes the following findings: (check appropriate box) 1. That the respondent is granted an extension of time of days without penalty to correct the violation and the matter is set for review at the next hearing on ,20. 2. That respondent acknowledges the violation and agrees to correct said violation on or before , 20_, and notify the Board of the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. X 3. That upon review of the evidence presented, the Board issues the following: A. FINDINGS OF FACT: Lot: 30 Section: Okeechobee Estates Parcel# 3- 22- 37 -35- 0290 -00000 -0300 Property location: 1002 SE 8th Drive Property owner: John & Susan Hamer Property has been found to have commercial vehicles parked in a residential neighborhood, overgrown grass and yard debri. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chp 30 Sec 30-44 General cleaning and Chp 54 Sec 54 -51 Parking in residential neighborhood. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Chapter 30 Section 30 -44 and Chapter 54 Section 54 -51 concerning your property located at 1002 SE 8th Drive, Okeechobee, FL The violation was not corrected by the date notice of hearing was received on August 9, 2006 , therefore the Board imposes a fine of two - hundred fifty dollars ($250.00) per day commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a certified copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. AGREED AND ORDERED this /J day of oveiCLA--) ` 20 06 . CITY OF OKEECHOBEE, Petitioner JOHN AND SUSAN HANNER Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida g- Chairperson Code Enforcement Offi ATTEST: Recording Secretary SWORN TO AND SUBSCRIBED before me this i 8 day of Sy t,Lft , 20. NOTARY PUBLIC My Commission expires: i A 5 /0s KIM d tuES . *1 MY COMMiSS QN » 00 313417 I EXPIRES: Apr 25, 2008 Bonded thru Notary Public Underwriters CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 06 -00172 CITY OF OKEECHOBEE Petitioner, -vs- Respondent. JOHN & SUSAN HANNER STATEMENT OF VIOLATION AND NOTICE OF HEARING Pursuant to Florida Statutes 162, & Chapter 18 Section 18-33 of the Code of Ordinances of the City of Okeechobee, the undersigned Code Inspector, being first duly sworn, and with personal knowledge of the facts, hereby alleges the existence of uncorrected violations of the Code of Ordinances and gives notice herein to the landowner or persons in possession, and hereby requests a public hearing before the Code Enforcement Board, City of Okeechobee, to hear the following: 1. Violation of City Code Chapter /Section: Ch 54 Sec 54 -51 Parking & Ch 30 Sec 30 -44 General cleaning 2. Location/address where violation exists: 1002 SE 8TH DRIVE 3. Name and address of owner /person in charge of location where violation exists: JOHN & SUSAN HANNER; 1002 SE 8TH DRIVE OKEECHOBEE, FL 34974 4. Description of violation: MOW OVERGROWN GRASS, CLEAN UP PROPERTY AND REMOVE COMMERCIAL VEHICLES FROM RESIDENTIAL AREA. 5. Date violation first observed: 8/04 /2006 6. Date by which violation is to be corrected: 8/31/2006 Unless Respondent corrects the violation described herein by the date set forth above AND contacts the undersigned Code Inspector at 863 -357 -1971 to verify compliance, NOTICE IS HEREBY GIVEN that the alleged violation will be presented in the City Council Chambers, City Hall, 55 SE Third Avenue, Okeechobee, Florida on the 12th day of September, 2006 , at 7:00 p.m. If the violation is corrected and then recurs, the case shall be presented to the CODE ENFORCEMENT BOARD even if the violation has been corrected prior to the BOARD hearing. You have the right to obtain an attomey if you wish, and the BOARD will receive testimony and evidence at said PUBLIC HEARING, shall make findings of fact as are supported by the evidence, and shall issue appropriate orders as necessary to bring the alleged violation into compliance, including the payment of a fine by the Respondent(s). It is your obligation to insure that an accurate record of the proceedings is taken for an appeal. DATED THIS " day oft_S-(-- , 2006 CODE ENFORCEMENT BOARD 55 SE Third Avenue Okeechobee, Florida 34974 Fred Sterling Phone: (863) 357 -1971 Code Enforcment Officer 3dieoea wnzeij olfsewoa oPSL-w- zO-gegzot 0 Er w. 0 00 5 33 Na _ ❑00 P b b3 0 0 0 m a a a N 101103S SIH1 3137d1N00 :830N3-1 COMPLETE THIS SECTION ON DELIVERY A. Sign- • re s X 1 ` ❑ Agent ❑ Addressee B. - =- eiv =. by Panted Name) C. Date of Deljvery 1J D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No RELEASE OF LIEN CITY OF OKEECHOBEE , the owner and holder of that certain claim of lien recorded on October 12 , 20 06 in OR Book 00613 at Page 0457 , claiming a lien against the following described property: Parcel #3- 22- 37 -35- 0290 -00000 -0300 1002 SE 8th Drive. Okeechobee. FL 34974 LOT 30, OKEECHOBEE ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 20, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA hereby fully releases said property from the claim of lien and considers same to be canceled and discharged of record. While this release is intended to fully and completely release the afore mentioned property from the lien claim, it is not intended to release any lien or claim the City may possess against a predecessor in title, nor does it indicate payment. Dated Jam, L "de Enforcement : oard Chairperson Enfo ement Offidr/ ATTEST: Recording Secretary STATE OF FLORIDA COUNTY OF OKEECHOBEE PERSONALLY appeared before me the undersigned authority, Jamie Gamiotea , Fred Sterling , and Sue Christopher , well known to me and known by me to be the Chairperson of the Board, Code Enforcement Officer and Recording Secretary, respectively, of the CITY OF OKEECHOBEE CODE ENFORCEMENT BOARD. SWORN TO AND SUBSCRIBED before me thi aA 130//111 NOTARY PUBLIC My Commission expires: day of ,20/`1. rr 1111•11111111111 tom 1 Date: Code Violation Report case # (X0 Property Owner JC-)F1/3 i---1/Q kJ Phone: Location: 00 2- S & 8 Diz. s-35-3 Mailing Address: 547n Lot(s): 30 Block: — Section: OA'2-2-Z7ler49-0"..-- Z1S77917-5' Parcel # -22 -37-35= 0270 - .00G00 0.36.0 Disabled Vehicles ''tended Vegetation it/L-ED s General Cleaning Public Nuisance V�ther: /4-71-eioda' (c)1713 /II Notice of Violation: Mailed: b{4.-74/cL. )•.") 4,(74-3-/ D Reinspected: Statu Reinspected: tatus: Reinspected: Status: Notice of Hearing: Mailed: e D Reinspected: Contacted: Hand Delivered: Delivered: Received: Hand Delivered: Status: Owner Tenant: Other: Contact made on: In person: By phone: Photo taken on: 08 Code Enforcement Action: 1 Compliance Date: Pk- 0 I, k4ro-active Reactive From: Fred Sterling To: Chief Smith Subj: Case #06 -172 John & Susan Harmer The Hanner property at 1002 SE 8th Drive is becoming an public nuisance and an eye sore. The Hanners are no longer available as they have moved to the Bahamas. The taxes have not been paid for 2005, 2006 and there is no way to get the property cleaned up. If at all possible, can public works go in and clean it up and add that charge to the existing lean on the property? Celeste Watford - Okeechobee County Tax Collector Page 1 of 1 HOME PAGE 1 PROPERTY SEARCH l ONLINE FORMS 1 GLOSSARY 1 HELPFUL LINKS 1 CONTACT TAX COLLEC New Search 1 Return To Search Results 1 Pr in NOTICE OF AD VALOREM TAXES & NON -AD VALOREM ASSESSMENTS BILL # R 3247200 2006 PROPERTY # R 3- 22- 37 -35- 0290 - 00000 -0300 Real Estate TAX /NOTICE RECEIPT FOR OKEECHOBEE COUNTY * CERTIFICATE SOLD * Sale Date 06/01/2007 HANNER SUSAN M WHITCOMB & JOHN Certificate# 0002654 1002 SE 8TH DR Certificate Holder 1494 OKEECHOBEE, FL 34974 -5353 Interest Rate 0.25% Original Amount $2,885.86 OKEECHOBEE ESTATES LOT 30 Interest Amount $144.29 Fees $6.25 UnPaid Balance $3,036.40 Exemptions: NONE Property Address: 1002 SE 8TH DR Delinquent Tax Histo $111,109.00 Visual Gov VisualGov.com Copyright ©1999 -2005 VisualGov Solutions, LLC and D &T Ventures All rights reserved. All Rights Reserved. 1 Privacy Policy http:// www. okeechobeecountytaxcollector .com/PriorBill.aspx ?TaxBi 11- 3247200 &TaxYear = 2006 &Ro... 9/25/2007 2006 R 3247200 -1 2,892.11 144.29 3,036.40 2654 CERT. 2005 R 3226000 -I 1,128.00 56.09 1,184.09 2191 CERT. Visual Gov VisualGov.com Copyright ©1999 -2005 VisualGov Solutions, LLC and D &T Ventures All rights reserved. All Rights Reserved. 1 Privacy Policy http:// www. okeechobeecountytaxcollector .com/PriorBill.aspx ?TaxBi 11- 3247200 &TaxYear = 2006 &Ro... 9/25/2007 Celeste Watford - Okeechobee County Tax Collector Page 1 of 1 HOME PAGE I PROPERTY SEARCH 1 ONLINE FORMS 1 GLOSSARY 1 HELPFUL LINKS 1 CONTACT TAX COLLEC New Search Return To Search Results I Prin NOTICE OF AD VALOREM TAXES & NON -AD VALOREM ASSESSMENTS BILL # R 3226000 2005 PROPERTY # R 3- 22- 37 -35- 0290 - 00000 -0300 Real Estate TAX /NOTICE RECEIPT FOR OKEECHOBEE COUNTY * CERTIFICATE SOLD Sale Date 05/31/2006 JENSEN ANTON P & MARY E (L E) Certificate# 0002191 1002 SE 8TH DR Certificate Holder 0906 OKEECHOBEE, FL 34974 -5353 Interest Rate 0.25% Original Amount $1,121.75 OKEECHOBEE ESTATES LOT 30 Interest Amount $56.09 Fees $6.25 UnPaid Balance $1,184.09 Exemptions: HX Property Address: 1002 SE 8TH DR Delinquent Tax Histo $37,723.00 Visual Gov Visua_ IGov.com Copyright ©1999 -2005 VisualGov Solutions, LLC and D &T Ventures All rights reserved. All Rights Reserved. 1 Privacy Policy http:// www. okeechobeecountytaxcollector .com/PriorBill.aspx ?TaxBil1= 3226000 &TaxYear =2005 &Ro... 9/25/2007 2006 R 3247200 -I 2,892.11 144.29 3,036.40 2654 CERT. 2005 R 3226000 -I 1,128.00 56.09 1,184.09 2191 CERT. Visual Gov Visua_ IGov.com Copyright ©1999 -2005 VisualGov Solutions, LLC and D &T Ventures All rights reserved. All Rights Reserved. 1 Privacy Policy http:// www. okeechobeecountytaxcollector .com/PriorBill.aspx ?TaxBil1= 3226000 &TaxYear =2005 &Ro... 9/25/2007 Case #06 -172 John & Susan Hanner 1e02 SE 8 Dr. 08/02/2006 — Inspected & photographed property. 08/03/2006 — Wrote Notice of Hearing, Repeat Offender. 08/07/2006 — Notice of Hearing mailed. 08/09/2006 — Notice of Hearing received, signed by John Hanner. 08/29/2006 — Inspected & photographed property. Not in Compliance. Spoke to Mr. Hanner and he stated that everything would be out by this weekend. 09/05/2006 — Spoke to Mr. Hanner and he stated that everything would be out this week. 09/08/2006 — Inspected & photographed property. Not in compliance 09/12/2006 — Inspected & photographed property. Not in compliance. 09/12/2006 — Inspected & photographed property. Not in compliance. Case #06 -172 Hanner 8/2/2006 9:44:16 AM Case #06 -172 John & Susan Hanner 1 of 2 8/29/2006 9:30:06 AM Case #06 -172 2of2 Case #06 -172 Hanner Case #06 -172 Hanner 1 of 2 9/12/2006 8:36:30 AM Case #06 -172 2of2 Case #06-172 Hanner 10/10/2006 10:16:43 AM Okeechobee County Property Appraiser - Map Printed on 2/6/2007 9:50:31 AM Page 1 of 1 3-22-37-35-0290-00000-0300 r., HANNER SUSAN M WHITCOMB & JOHN 0.23AC Okeechobee County Property Appraiser MC. "Bill" Sherman, CFA - Okeechobee, Florida - 863 - 763 -4422 i PARCEL: 3- 22 -37 -35 -0290 -00000 -0300 - SINGLE FAM (000100) OKEECHOBEE ESTATES LOT 30 Name: HANNER SUSAN M WHITCOMB & JOHN LandVal $46,440.00 Site: 1002 SE 8TH DR, Okeechobee BldgVal $61,779.00 Mail: 1002 SE 8TH DR ApprVal $115,665.00 OKEECHOBEE, FL 349745353 JustVal $115,665.00 Sales 2/17/2005 $0.00 I / U Assd $115,665.00 Info 2/9/1998 $0.00 I / U Exmpt $0.00 Taxable $115,665.00 r 1 Q 31 62 93 ft This information, Last Updated: 1/29/2007, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the govemmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http: / /www. okeechobeepa. com/GI S/Print_ Map. asp ?pj boiibchhj bnligcafccj fhoj iaehdomhloankkimf... 2/6/2007 Okeechobee County Property Appraiser - Map Printed on 1/6/2009 12:45:27 PM Page 1 of 1 _1 ' .10 i N"ST&,EET : 3-22-37-36-0290-00000-0300 HANNER SUSAN M WHITCOMB & JOHN 0.23AC PARCEL: 3- 22- 37 -35- 0290 - 00000 -0300 - SINGLE FAM (000100) OKEECHOBEE ESTATES LOT 30 Name: HANNER SUSAN M WHITCOMB & JOHN Site: 1002 SE 8TH DR, OKEECHOBEE Mail: 1002 SE 8TH DR OKEECHOBEE, FL 349745353 Sales 2/17/2005 $0.00 I / U Info 2/9/1998 $0.00 I / U LandVal $34,984.00 BldgVal $57,747.00 ApprVal $95,218.00 JustVal $95,218.00 Assd $95,218.00 Exmpt $0.00 Taxable $95,218.00 0 46 92 138 f! This information, CAMA Updated: 1/2/2009, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http: / /www.okeechobeepa.com /GIS /Print Map. asp? pjboiibchhjbnligcafcefocnfkfdfefdbblejngbckcic ... 1/6/2009 Prepared by and return to: Charles H. Burns, Esq. 108 Intracoastal Pointe Drive, Suite 100 Jupiter, Florida 33477 Illllll f{ Illlilll1111111{ IIi1111i1 llfl1811111l1l111111{llll _ FILE NUN 2008i_ii i 14 53 OR le:k 00648 PG 0421 SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 02/06/2008 12:33:54 FM RECORDING FEES 18.50 RECORDED BY G Meuhourn F'9S 0421 - 422; (2pss) NOTICE OF INTEREST IN REAL PROPERTY Y T •TICE OF INTEREST in real property is executed this / 7 day of January, 2008, by ATLANTIC , INC., hereinafter referred to as the interested party. The int d party hereby provides notice that it claims an interest in and to the following described real p LOT 30, ECHOBEE ESTATES, ACCORDING TO THE PLAT THEREOF RECORD IN PLAT BOOK 3, PAGE 20, PUBLIC RECORDS OF OKEECHOR OUNTY, FLORIDA. The record title HANNER and JOHN M. with the terms of the real substantial interest and to t WHITCOMB HANNER and J Real Estate taxes on the subject above - described party is in the name of SUSAN M. WHITCOMB however, the interested party hereby states that, in accordance closing on the subject property, the interested party claims a e- described property as a result of the failure of SUSAN M. HANNER to pay the 2005 ($1,184.09) and 2006 ($3,036.40) in the total amount of $4,220.49. The purpose of this notice i whomsoever of the interest of the int rovide public and constructive notice to any and all persons d party in and to the above - described property. as been executed this 1 7 day of January, 2008. IN WITNESS WHEREOF this no ens s +--- WITNESS STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared eiaa4rE CAC2(24#31:-Trxi of ATLANTIC TITLE, INC. on behalf of the corporation, who Is ersonall known to me or who has produced a as identification and who di did not take an oath, on this day of January, 2008. ATLANT TITLE, INC. By Its. RUTH H. SERGE vv� Nolan/ Pak - MI of F101iM My Cill p„Eam de/.NM Notary Public — My Commi ion Expire: Cambial r oo 710$7 EamenabaNalas1Mr M So, -t") M . I- A-N N E2 , 3!34 1 WI . u0N1T -C- N-P41,-) N , 1002 St 8`t-' 72 Diet---- 349-74 Pt_ Book648 /Page421 CFN #2008001653 Page 1 of 2 Clerk's Certificate of Mailing 0 Sharon Robertson, Clerk of Circuit Court in and for Okeechobee County, hereby certify on is 6th day of February, 2008, mail by certified mail a copy of the foregoing notice to llowing at the address stated: that I each of Jo Harmer Susan M. Whitcomb 1002 �: °' _ t' Drive 1002 SE 8th Drive Okeeck: Fl 34974 Okeechobee, Fl 34974 Sharon Robertson Clerk of Circuit Court Okeechobee County, Fl By: Deputy Clerk Book648 /Page422 CFN #2008001653 Page 2 of 2 n� •• k. tO — 0000. U CO ICY w I co co co ___c i c 0 •maw° • a m agli 14j O CC Li 0.1 CO0a ' Cr) au rec- s-e w --- o 0 ce C..i a5 cc w wC ce J os-c to Cr r co w co w 07 W5�_ 00la 4 CC= woo - Ls- 0)C ALLI Corporatio VESTORS, INC., a Florida VS SUSAN M. WHIT M. WHITCOMB, J SPOUSE OF DUR GREAT AMERICAN CITY OF OKEECHOB JAMES C. BRENDEL, JA MELLAND, KEITH PARR IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR OKEECHOBEE COUNTY. CIVIL ACTION CASE NO.: aoDs - C$\ -a0\ JUDGE: v�� rnc`s B HANNER a/k/a SUSAN M. HANNER, UNKNOWN C. WHITCOMB III, if any, INC., a Florida Corporation, rida municipality, ENDEL, LARRY ATLANTIC TITLE, INC., D /OR JANE DOE, AS SESSION a Florida corporation, and JO UNKNOWN TENANTS IN P Defendant(s) NOritreOF LIS PENDENS TO DEFENDANTS: SUSAN M. WHITCOMB HANNER a/k/a SUSAN M. WHITCOMB, JOHN M. HANNER, DURWARD C. WHITCOMB III, GREAT AMERICAN RV's INC., a Florida Corporation, CITY OF OKEECHOBEE, a Florida municipality, JAMES C. BRENDEL, JANE BRENDEL, LARRY MELLAND, KEITH PARRISH, ATLANTIC TITLE, INC., a Florida corporation, and JOHN AND /OR JANE DOE, AS UNKNOWN TENANTS IN POSSESSION; and ALL OTHERS WHOM IT MAY CONCERN: YOU ARE HEREBY NOTIFIED of the institution of this action by Plaintiff, ALLIED INVESTORS, INC., a Florida Corporation, against you seeking to foreclose a Mortgage on property in Okeechobee Lucie County, Florida, described as follows: Lot 30, OKEECHOBEE ESTATES, according to the Plat thereof, as recorded in Plat Book 3, Page 20, Public Records of Okeechobee County, Florida. rn m cp m n may, ret eat mac.. -r1 r.� Book653 /Page88 CFN #2008005310 Page 1 of 2 Said Mortgage was recorded in Official Records Book 617, Page 1000, Public Records of Okeechobee County, Florida, DATED this day of April, 2008. 0 Law Offices of Michael J. McNicholas, P.A. Attorney for Plaintiff P.O. Box 2394 Stuart, FL 34995 -2394 srat(77 781 -04 ICHAEL J. McNICHOLAS Florida Bar No.: 864810 Book653/Page89 CFN #2008005310 Page 2 of 2 Print Zoom In F Zoom Out Best Fit 1 Fit To Width Fit To Height Page 2 of 2 IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR GLADES COL NTY, FLORIDA JAMENS C. BRENDEL and JANE BRENDEI., Plaintiffs. VS. JOHN HANNER: BANNER AGRI SERVICE. Defendant( s Last No. 2006-SC 37 Imit:616111A156 DetrIbill14/21117 Isa.:119:44 _PC, Joe PliatAlsdnia tomtit 6:7h4 P:611 ?Lai, 6/142aCILC-k &MENDED FINAL JVDGMENT FOR PLAIPMFF ) C THIS (At SE haying come bet-tar the Court tot trial and aP.er plaintiff being plte.senCi 4i iki daendallt having faikd ta appear. it Is hereby, ORDEREI), ,11),JUDGED AND DECREED: 1. ih e plaintiffs. JAMES C. BRE/41)l'A. rand JANE BRENDEL. whose address is 2020 (Ad 1.akeport Road, MOON 1 I3VCI). FL 3:3471. tiled a claim against the defendant. JOHN HI A NNERJH A NNER AGRI SERVICE, whose address is 1002 S.F. 13th 1)rive, Okeechobee, FL 34 474, OV N1,110.1 30. 70116 in the total amount of $4,275.00, 2 Pr-trial was set for Monciay, ts'la",; 2f/Cil: and at that time a settlement W135 agreed -apon with payment due June 2. 2006.. On luny 12 , 2(W'6 Ihc plaintiff,: submitted a notice for wherefore this Court articred to iria.t b :Net for July 1'7. 2.II iS at I -30 p rn 4 11 Owl allowed the iiCieftdal/ t an addit.onal 20 minutes from tne above date and aerie fictorr making its decision to allow the plaintiffs to he awarded the claim due to futliu-c to appeal :Jo the defendant's part '.."te- plaintiffs arc granted un Amended Final Judgment against defendant, JOHN 1. IIANNER, cL'hia HANN ER AGRI SERVICE, in the amount ot $4,1100.01) Pins court costs of $..;715641iir.11,total 0± $4,275.U4), tor all or which let execution issue forthwith 1-his et- 1110 kips. e ID4 oCiof ot tkiumal M Iv NV ate. r0Weess ngpit pl n 'mass 0. .erly Book632iPage307 CFN#2007007868 Page 1 of 2 http://204.215.37.218/wb_or1/details_ img.asp?docjd=411316&pg_count-2&pg num=1&... 3/6/2009 View PDF Page No.: 1 c 0 b e K 0 f Co u r"ts Page 1 o!2 Hurne e Search http://204.215.37.218/wb orl/details img.asp?doc id-4221588z pg count=2&pg_ nurn=18z.... 3/6/2009 Print Zoom In Zoom Out 14,P;+5npr9 fry $ell artdrr far ' UB - Waccasts, Porte [ " +' *oe S Jox. r cC, -�prgr Flnrba 334r Best Fit Fit To Width Fit To Height VILE NUM 2+:e080O tit{ f. K C" :' 4tp� sHAnti F'C Et:TE.FM, 014 OF r;tFt:l r1FFFr iii.ofirE parr rr r Wt./ '. 2t tv 12: :54 Fn 6��UF:I FEE4- NOTICE OF INTEREST IN REAL PROPERTY THIS NOTICE OF INTEREST ir teal 7 property Is executed this / ( day of January, 2008. by ATLANTIC TITLE. INC • hereinafter referred tc as the interested party The irterested party hereby provides notice !hat it claims an interest it and '.o the following des.rinc. real property Page 2of2 Rotate 21 r (grist LOT 30. OKEECHOBEE ESTATES ACCORLNfaG TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 2(}, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA The rec:Vrr, title to the above - described party 1s rn the name of SUSAN M WHITCOMB HANNER and JOHN M 'TANNER however, the interested party hereby stages that, in accordance with the terms of the real estate closing oh the subject properly the Interested party claims a substantial interest and to ttte above - deserted property as a result of the failure of SUSAN M WHITCOMe HAMNER and JOHN M HANNER tc pay the 2005 S31 184 00) and 2006 ($3,036 40) Real Estate taxes or the subject property in the total amount of $4 220 49. The purpose of this notice Is to provide public and constructive notice to any and all persons wt.rinsoever of the interest of thee interested party in and to the above-described property. IN WITNESS WHEREOF this notice has been executed this l 7 day of Jaruary 2 8 ATLANL TITLE INC. rn11 EZss WITNESS STATE OF FLORIDA COUNTY OF PALM BEACH I HERESY CERTIFY that on this day, before me an officer duty authorized in the State and Cot-my aforesaid to take acknowledgrrants, personally appeared (Aso .1.F(24,werc++ of A.TLANT1C T1TI F INC on a relent rth yr and db personrilykhown-to ore or who has produced a r of take an oath on this day of January. 2008. M =oat prlwe • ttlae �M+rtr ell osa tit awl Owsidrw f ae lifele €lqn r e:t : J'd, � IA) ei',Ti:e"e7°, NPr:r FTC, rf'cx "?t .: .. _,t 1 /tj Notary Pubic — My Comm Book648 /Page421 CFN #2008001653 ire Cr+o •t Ft Page 1 of 2 httb://204.215.37.218/wb orl /details img.asp ?doc_id= 422 158 &pgcount -=2 &pg num1 &... 3/6/2009 View PDF Help Page No.: 1 tcl t) r ic 0 f t (-C. Page 1 of 2 Ho e e `..Af Se a rch http://204.215.37.218/wb orl/details img.asp?doe jd=426016&pg count=2&pg_num=1&... 3/6/2009 Print Zoom In Zoom Out Best Fit Fit To Width Fit To Height IN THE C:RCI ]T CO`, :RT OF THE NINETEENTH JUDICIAL (UCLA r OF H OR WA IN AND FOR OKEECI 10BEE C(iUN ry. cWIL ACTION CASE NO: I', DOE A:AAID LN ESTORS, INC Florida O.:TNT-at:on Plait:rat:14j SI.SA\ COMB RANNER als'a SUSAN M. *HI IL OMB. JOHN NI BANNER, I NKNOWN SPOUSE OF D1.1i WARD C, WHacomii UI. if any, OR EAT AMERICAN RY's IN(' , a Flonda Corporation, CITY OE OKEECHOBEE, a Honda municipably. JAMES C BRE:MAL, JANE RE'N DE L„ LARRV MELLAND, KE(TU PARRISH. ATTA N F, INC a Honda 1/4:orwarn, and JOHN AND .01{ JANE DUE.. AS ::NKNOW TENAN IS IN POSSESSION De tendantt sj NOTICEQF LLS PENDENS Page 7 of 2 Rotate r c- c TO DEFENDANTS: SUSAN M. WHITCOMB BANNER alkia SUSAN M. WHITCOMB, JOHN M. HANNER. DURW ARD C. WHITCOMB 111. GREAT AMERICAN RV' INC., a Florida Corporation, CITY- OF OKEECHOBEE, a Florida municipality, JAMES C. BRENDEL, JANE BRENDEL, LARRY MELLAND, KEITH PARRISH., ATLANTIC TITLE, INC., a Florida corporation, and JOHN AND1OR JANE DOE,, AS UNKNOWN TENAN IS IN POSSESSION: and ALI. OTHERS WHOM IT MAY CONCERN: YOU ARE I IEikEB'S' NOTIFIED ill the 'nit:a:bon ol Ems action by iv:ambit, ALi_ILL) INVESTORS, !NC, a F:orili Corporanon. against you seeking to foreclose a Mortaage on i-iTopanti, in Okeechobee Lucie Cour.t, Florida_ ties4.-ribed s follous: Lot 30, OKEECHOBEE ESTATES, ccording to the Plat thereof, as recorded in Plaid Book 3, Page 20, Public Records of (ikeechohee County, Florida. Book653/Page88 CFN#2008005310 Page 1 of 2 http://204.215.37.218/wb orl/details img.asp?doc jd----426016&pg_count-2&pg_num=1&... 3/6/2009 View PDF Help Page No.: 1 I .h Cc rt Page 1 of 2 FilorTie. I Ne 'od SE.:,:arch http://204.215.37.218/wb_orl/details img.asp?doe id=368274&pg_count=4&pg _num-18z ... 3/6/2009 Print Zoom In I Zoom Out ".1,'S.If_ , \ \Y N, irf1 I tlI i,)1 I A; 1 J a} 1'', -NA "Of firNiTt-'4' \Ii 11'+ISII\ I41 N Mlil ntt Nta Llr 1)Y 4':C SutE6• i 2'1 lapel $11,4. In. i \Aa[4i4.ia =4'I -WA rt'vk`t1 °i';' AM) ',IAA. 1'"? l;ll `dcNi4ie, Atforn A.:lritra S fAl . Flt 'NI\[ 4:4 1C 1IOC 14:174 Kir,rsr:rt'r N1 ii I . r 1k ant[. •f`CEP. 7T-1 i,,- 1141 k;'i1s•:•k 141,1;', 11 h..`r:il hea■ \t :atf: )14214 3 4044 1..7ra .41,0 D :.N to l,7l4444:1 4'14 Best Fit Fit To Width Fit To Height MORTGAGE (1)irc t) 11111111111111111111111511 1 1L1 NUM 2iIi1 1711 UK E K (i4-...:..69 F-Co 1 SHAF;IR itaQ.Ey!fION. atkl f. , OffEEt;HDPFE (OUHrr. it RECI1 f,Trl 1)41 11 ifr)U'i 4'J € :7E :01 4F•i*C1$ FEES rt'":. "0 IXE ?iI?.35 if' IRE'El aT C 'te4boo,,, • 44 ..6Yw4 t r M1 ..ti c«. Jat•LW'a .= Page 2 of 2 Rotate 4 2 3 -'f COUP'' Then t.•.;a'rt,r,,Ifte rtatie an Crticf0 into [ilia .2449 J.,* of Saly 2414 tr. 1oitln S•4'. Itntuner tau! Susan ht IIatx':res, 4t'.A t •\ 444:[41; ,1 'i\ ^tticnsth E{tzxnc'r, btisbat :d t*nJ wlte lfh)' ltntltte.v1 74th [)nve Ukrstttol'ree Ftnrtda 4441 74 fheret:al'-cr ret'c7:13 n4' : rats: ,.he Advmha *.ttafot of the Sntrfi rltisinevs A)111misrrel,aat. ate agct.t:y 189 [Ste (i41Y4?allrile")t nl I :[pact! States 1 met:. l rent, (r tettrred la at eR'trtyagec). •Ah■ ttanint;ana Ar a :aC'a' a1.:1 puce 01 C•amars, at )4t 1 Fin Marten 4')r vr, cur r 4' ;C Denrr. 1141141 , A:aharra C7) 1 % 111411SSETH, th:)tl tilt [141" ce,nsslctbhrtila tirotinafter bi211111. recent: 4'11 wi:utt IS Inn eb'. aIt rl4swatl et: 114 rhon e lan Ina.:-'•4, 13. ,ream. acci.go, and cr4r,,r'4 UrA10 t17C n"l ttsaixe. 11 of the 10)14 o14 4! l tuan:.r4� !+14t4pave .eau Feting T. I14 l'c4dr1IY I.1 1Jlpt ^%t @nee S?44e ul Fletda. :or 1f1 oI EE('Ht11uI:F: ES! AILS ACc:C)RIINC; TC) T)IF, Pt .vi 1'llFkfi ?t= klil'Okt)l:U IN PLAT Fa.x:ik 3. Y•ACrf u'+ 1"1 it l4'' 1tLCr)RL)S (4)' CJI LLC'IICJ 41 C CQt TY 51.'W il'T i) rd (-WO \i\ I . RLSLK 1IONS. L'ASt!.0 :h is 01 i2F.Coim AND T. \XFS RIR TILE CI_1UiL'+T YEAR 1 H 'KEi.ARLR :11 :ItIS AO''. \1L \T IIA.S NOT EXASti`.LU'IIIL IIIL1: 14.) Mt' I_ANI) BEING CONVEYED HF_kE1N, \NEI TIILRLft)RI' 01I :41 \U!f C,I\IL AN OPINION OF HILL 11)lIll t.'APTION'r \ PROPERTY N:1 ore 1:!1rllnur11' ku s:, 3. :I41:1 S.Atthex1sl tSth rttive, 4)kreatonee. Eton: ?.4474 I' Is hert4'rr agraed l.. 441['17 tile partara hereto. that t: 114t :r121)44 , 44 nest 44) .Iae date. of :his froog ge, 41i'1 79, r_rnnsrx.a. an 111,14 :714 4., 4141 tht alxnuc desxr:hv'd 4r:. eage41 Itrt' tt1a txt 44p.. W19y. or 1s1arater nihats,oevri, vt•hlt.1 Silt/ p4:3t rty is bvsRgatted ti 4'I :e i)P.Irtft Ogee and nen-h oedt the 4" 41411 ,once :44 of the non tg^a,ge+c, :hen ..and Iri 4:44115 rIlilt 1141 1000 s4411 of prl.i7t'4f 88141 Inter4 =44' of the 44417 ' •o-ti... ral r "tits rlong2\ge sl441!, 11141 (1111.344 of 4')w 1'(.rtlfaree. become Elnn' as :rtq d4'==: 4447 payaftie, and 4144, rnartft.ate 'nay h.1" '41r44 . +1, o1-,.. 1: mid debt 4o-. 44 44 Nut to Lie -1141+ t:A14 1.twn lo- :tempt Iend the 1'lo'iva Ittrc gc, +111 441174.4) 4}[41.1.'41 rs 1(4) 117 4111 inCa•ht414184 47' Tt'r' 7)14141 '4. 41 ;alai +r td %.1711; all '41 11 4'm x, 111 Etc :ate, 111)741411 bit 14 - in :la11) 4a ,L`1 ;f:lust,t,vig, Leaf 448, 1r'Zr1111)44' V11'tl't14114rl1 n'iTI(rrarin 44171'111,1%61r:4. a:cr ,4 f1dtt.:utn[, a7tpara'.ans, .4:44! eleN atorz, sthc tt ae1C,444) bCa : " :ay dee9as sr_g 41111 it , [41;4141747 ',has r1-r. 7114414 f- :wrriT1 ct,anr'sDrd 4haul be deemed 14: have beet perm tenth ,, :ntallcvl AN `JUL' seaity'?, and all rr.tprnvrrsa 11lV Ia.+a 01 herer:4Srr frX.T.ArtiT. thute;xt tabu bere41:0 n itc ,u41 aprotttrtarax+ an) all txI. :.,1 441111:111runan 9ark11,g1r.g- or at 4,12'. 4'4141 ap tcetn.atg.:vrd lAe (1441011 41)1! r in .1 annul 1.11144 4Jer 2243 4(411 tnnC.r4, 411 :14114:11 retfanirnu.n. And Ow rei 2'., ::.91.914, Ant p1111 IS 0) (1141 314 4)21111 a',k�l pttgteas I �r1.•. nom, hl11W4:', er. rttA the i41w,11gA eet 4[4411 l ? eralidod to the p4l'1r4,,%i0rt of 4.463 ptctinettn, trod Eto c:41pe a 4:44)411.141) [4141 1410 . ts•atr a. And prep`: ; 441[1: 4141114[7 t47etndert. To have ,sn.a to bj k4' fne ',:18:44' a,:14: 41111 nasaiftia4ee .ant! the SI. xe1'4o:: ,n Inrrn'" of the ;'4'1) .Ecee 11lt",_t at fee s::1tale €11 7'417 <1111r Ci:Ate if Alf }. .1 1s t.Ta44''tf E'te ".ear. http: // 204 .215.37.218 /wb orl /details img. asp ?docid = 368274 &pg _count =4 &pg num-- -1 &... 3/6/2009 City of Okeechobee India Riedel, Finance Dept Property Owner: Harmer Property Location: 1002 SE 8th Drive, Okeechobee, FL 34974 Public Works Department was required to mow and clean above referenced property due to numerous Code violations and sitations. Property owners were notified of violations and neglected to clean up property as required. Date of Service: Type Employee Employee Weed Eater Weed Eater Mower Truck Totals # of Hours 1.5 1.5 1.5 1.5 0.5 1.5 Date of Service: # of Type Hours Employee Weed Eater Truck Totals August 3rd, 2007 Cost per Hour Sub Total 22.0304 22.0304 3 3 9.75 9.75 33.05 33.05 4.50 4.50 4.88 14.63 94.59 August 6th, 2007 Cost per Hour Sub Total 2 22.0304 2 3 2 9.75 44.06 6.00 19.50 69.56 Permit No. Parcel No. NOTICE OF COMMENCEMENT State of Florida County of Okeechobee The undersigned hereby gives notice that Improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement. Description of property, legal description of lhq properly and street address if available: toca r . an Dill Ue General description of Improvement: °- f‘.0 a ahLo '' Owner information: Name(s) ..n-E- W'\ I.nSfci ) Address: 1 oo a .se Rtil PYl J'C Interest in property: nW iLA%L Contractor(s) name and address: Surety: Name: r4 �� Address: 1 ► Amount of Bond S Lender's Name: �(( 1 g Address: t " 1 A Persons within the State of Florida deli a provided by Section 713.13(I)(a) 7., Fir Name: Address: In addition to himself, owner designate of to receive a copy of Lienor's notice as provide' 7\1\3.13( I )(b), Florida Statutes. Expiration date of notice of commencement: N ( Pr (The expiration date is one year from date of recording unless a different date is specified.) (copy of bond must be attached when recording) ner upon whom notices or other documents tnay be served as s: Contractor's Name Yrintd Property Owner's Name Printed Signature of Contractor Sworn to and subscribed before me this day of , 20_ Signature of Notary Seal 7a rn'rt rn O 7p7m O 2: PO 0 CI 0 0 OP 0 m 2 Jr%� m rn ca QoC_ RI r4 ra no H a.1 ••11.`6 v0t MIS Q c —1 -�a't o mom m r CT 0 Q.a m t i no -I r 1 r- 3> Signature of Pro wner Sworn to and subscribed before me this day of cry y.'1.-- 20 O`4 Signature of Notary A certified copy of the recorded notice must be posted on the construction site. A certified copy must be submitted to the building department before First inspection. If the improvement described in the notice of commencement is not actually commenced within 90 days alter the recording thereof, such a notice is void and of no further effect. wD-1 5/93 This Warranty Deed Made this 9TH day of FEBRUARY A.D. 19 98 by ANTON P. JENSEN AND MARY E. JENSEN, HIS WIFE hereinafter called the grantor, to DURWARD C. WHITCOMB, III whose post office address is: p1004 S.E. 8TH DR. Tsx7 4 Graat�e�s' Id # : 261 -53 -5301 hereinafter called the grantee: (whenever used herein the term 'grantor' and ' grantee' include all the patties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of S 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in OKEECHDBEE County, Florida, viz: LOT 30, OKEECHOBEE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 20, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 111111111111111111111111111111 RLBKN ]05550PGO1098 HARON ROBERTSON, CLERK OF CIRCUIT COURT EECHOBEE COUNTY, FL ECOROED 03/03/2005 03:55:01 PM ECORDING FEES 10.00 EED DOC 0.70 [CORDED BY C Darst GRANTOR HEREIN A LIFE ESTATE TO THE ABOVE DESCRIBED PROPERTY. SUBJECT TO COVEN : :,7 :TRICTIONS, EASEMENTS OF RECORD AND TAXES HAS NOT EXAMINED THE TITLE TO THE LAND NI ;HAWS 1 BEING CONVEYED HEREI� �a ',s :REFORE DOES NOT GIVE AN OPINION OF TITLE TO THE CAPT 'am` '►r ' : •TY. Parcel Identificatio• -r: 3,22- 31- 3$- q,?9G- 00000 -0300 Together with all the tenements , ered' �m and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the • : ", le forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 19 98 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: / oM,ce. . Givens 5 oiva/ l3rIR/� Sci Rase: Nara: a Amara: ANTON P. JENSEN Nam a mfr. ` miR Tame a Address: J LS I n ILSI I LS Name It ANIreer State of FLORIDA County of OKEECHOBEE The foregoing instrument was acknowledged before the this /3 day of , 19 98 , by ANTON P. JENSEN AND MARY E. JENSEN, HIS WIFE who personally known to me or who has produced Driver License ,``,,erUNr8 ONS @V , y: N07Aq�•.9� • thN.c ra,2Nl e.tc5N4 l PREPARED BY: A.A. McNAMElt ; ;; � ,,, RECORD & RETURN TO: ' n. F Ft. P.O. BOX 1211 OKEECHOBEE, FLORIDA 34973 Public Name: y Commission Expires: as identification. e �G FILE NO. Reserved for Recording 11111111/1111111111111111111111111111 FILE MUM 2005004386 OR BK 00555 PG 1099 SHARON ROBERTSONe CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 03/03/2005 03 :55:111 FM RECORDING FEES 18.50 DEED DOC 0.70 RECORDED BY C Darst Reserved for recording WARRANTY DEED (Statutory Form - Florida Statute 689.02) This indenture, made this ' jc ru, 0.r,, fl LOOS Durward C. Whitcomb, III 16264 Adams St., Omaha, NE 67135 (name) of the County of �� in the State of , hereinafter call the Grantor(s), and Susan M. Whitcomb Hanne (name) John M. Banner 1�0 SE 8'il Drive, Okeechobee, FL 34974 (name) (address) (date) between 1002 SE 8" Drive, Okeechobee, FL 34974 (address) (address) of the County of OKEECHOBEE i LORIDA, hereinafter call the Grantee(s). W1INESSETH: That said Grantor(s), for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration to said Grantor(s) in hand paid by the Grantee(s), the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee(s), and to his or her heirs and assigns forever, the following described land, to wit: LOT 30, OKEECHOBEE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 20, PUBLIC RECORDS OF OKEECHOBEE COUNTY. SUBJECT TO COVENANTS, RESTRICTIONS, EASEMENTS OF RECORD AND TAXES FOR THE CURRENT YEAR THE PREPARER OF THIS DOCUMENT HAS NOT EXAMINED THE TITLE TO THE LAND BEING CONVEYED HEREIN, AND 'THEREFORE DOES NOT GIVE AN OPINION OF TITLE TO THE CAPTIONED PROPERTY. Physical Address: 1002 SE 8Th DRIVE, OKEECHOBEE, FLORIDA 34974 Folio Number: - 1 - OR BK 005 55 PG 1100 Reserved for Recording Subject to restrictions, reservations, easements and limitations of record, if any, provided that this shall not serve to reimpose same, zoning ordinances, and taxes for the current year and subsequent years. Said Grantor(s) does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, Grantor(s) has hereunto set Grantor(s)' hand and seal this day and year first above written. Signed, seated and delivered in our presence. C.iNc s , STATE OF COUNTY OFVI6� The foregoing ins who has/have an oath. Grantor(s) DURWARD C. WHITCOMB, III acknowledged before me on this date: who is/are personally known to me or as identification and who did take (Seal) This Document Completed and Prepared By: SUSAN M. WHITCOMB BANNER (Print Name) 1002 SE 8T' DRIVE (Address) OKEECHOBEE, FL 34974 (City, State Zip) 2111111111111 II II II 1111111 FILE 0 2006019920 OR BK 00617 PG 0998 DATE: 12/01/2006 02:54:03 PM SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDING FEES 18.50 RECORDED BY M Pinon P9s 0998 — 999; (2P9s) AFFIDAVIT STATE OF FLORIDA COUNTY OF MARTIN BEFORE ME, the undersigned officer duly authorized to take acknowledgments, personally appeared JOHN HANNER and who being first duly sworn under oath, deposes and states: 1. That the undersigned has first hand knowledge of the facts set forth herein. 2. That the undersigned is married to SUSAN WHITCOMB HANNER, and has been continuously cifarNo her since the date the Deed was executed from ANTON P. JENSEN and� NSEN to DUNWARD C. WHITCOMB, III. DUNWARD C. J�9MB, III, is the son of SUSAN WHITCOMB HANNER and he is the gran N P. JENSEN and MARY E. JENSEN. 3. The Deed from ANTO R JENSEN and MARY E. JENSEN to DUNWARD C. WHITCOMB, III, was delivered to DUNWARD C. WHITCOMB, III, by his grandparents, and he continuously held possession of the Deed. DUNWARD C. WHITCOMB, III, moved to Nebraska before the deaths of ANTON P. JENSEN and MARY E. JENSEN, he did not realize that the deed should have been recorded and when it was brought to his attention, he made arrangements to have it recorded in Okeechobee County, Florida. 4. DUNWARD C. WHITCOMB, III, conveyed the property to his mother and her husband on February 17, 2005, as a gift and accordingly, minimum documentary stamps were affixed to the deed. Book617 /Page998 CFN #2006019920 Page 1 of 2 5. That this Affidavit is given in good faith and the undersigned is fully aware of the penalties of perjury in the State of Florida. STATE OF FLORIDA COUNTY OF MARTIN The foregoing instrument was acknowledged before me this bl �S +day of November, 2006, by JOHN HANNER, who is personally known to me or who has produced photo identification and who did /did not take an oath. ) NOTARY PUBLIC My commission expires: Book617 /Page999 CFN #2006019920 Page 2 of 2 MAIL ANY NOTICE OF DEFAULT TO: U.S. r3MALL BUSINESS ADMINISTRATION 801 Tom Martin Drive, Suite 120 Birmingham, Alabama, 35211 THIS INSTRUMENT PREPARED BY AND MAIL TO: Jill McNickle, Attorney /Advisor U.S. SMALL BUSINESS ADMINISTRATION 14925 Kingsport Road Fort Worth, Texas 76155 -2243 (817)868 -2300 HANNER, John M. and Susan M. # 3620 -33054 Loan No. DLH 85799940 -04 RMINOMMINIMMI FILE NUM 2005015442 OR BK 00569 PG 1935 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FL RECORDED 07/14/2005 08: 58:01 All RECORDING FEES 35.50 LTG DOC 203.35 RECORDED BY G Meuhourn SPACE ABOVE THIS LINE FOR RECORDER'S USE MORTGAGE (Direct) This mortgage made and entered into this 2nd day of July 2005, by and between John M. Hanner and Susan M. Hanner, WATA Susan M. Whitcomb Hanner, husband and wife, 1002 Southeast 8th Drive, Okeechobee, Florida 34974 (hereinafter referred to as mortgagor) and the Administrator of the Small Business Administration, an agency of the Government of the United States of America (hereinafter referred to as mortgagee), who maintains an office and place of business at 801 Tom Martin Drive, Suite 120, Birmingham, Alabama, 35211 WITNESSETH, that for the hereby mortgage, sell, grant, assign, an property situated and being in the County LOT 30, OKEECHOBEE ESTATES, ACCO PUBLIC RECORDS OF OKEECHOBEE O SUBJECT TO COVENANTS, RESTICTIO , n hereinafter stated, receipt of which is hereby acknowledged, the mortgagor does o the mortgagee, his successors and assigns, all of the following described ee, State of Florida: THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 20, S\OF RECORD AND TAXES FOR THE CURRENT YEAR. THE PREPARER OF THIS DOCUMENT HAS AND THEREFORE DOES NOT GIVE AN OPIN THE TITLE TO THE LAND BEING CONVEYED HEREIN, F TITLE TO THE CAPTIONED PROPERTY. More commonly known as: 1002 Southeast 8th Drive, Okeechobee, Florida, 34974 It is hereby agreed between the parties hereto, that if the mortgagor, subsequent to the date of this mortgage, conveys, contracts, or attempts to sell the above described mortgaged property in any way or manner whatsoever, while said property is mortgaged to the mortgagee, and without the written consent of the mortgagee, then and in such event the whole sum of principal and interest of the debt secured by this mortgage shall, at the option of the mortgagee, become immediately due and payable, and this mortgage may be foreclosed at once if said debt is not paid in full. This transaction is exempt from the Florida Intangible Tax since a governmental agency is holder of the indebtedness ". Together with and including all buildings, all fixtures including but not limited to all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air conditioning apparatus, and elevators (the mortgagor hereby declaring that it is intended that the items herein enumerated shall be deemed to have been permanently installed as part of the realty), and all improvements now or hereafter existing thereon; the hereditaments and appurtenances and all other rights thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, all rights of redemption, and the rents, issues, and profits of the above described property (provided, however, that the mortgagor shall be entitled to the possession of said property and to collect and retain the rents, issues, and profits until default hereunder). To have and to hold the same unto the mortgagee and the successors in interest of the mortgagee forever in fee simple or such other estate, if any, as is stated herein. 1 OR GK 0069 PG 1936 The mortgagor covenants that he is lawfully seized and possessed of and has the right to sell and convey said property; that the same is free from all encumbrances except as hereinabove recited; and that he hereby binds himself and his successors in interest to warrant and defend the title aforesaid thereto and every part thereof against the claims of all persons whomsoever. This instrument is given to secure the payment of a promissory note dated February 8. 2005 in the principal sum of $58,100.00 and maturing on February 8, 2029. 1. The mortgagor covenants and agrees as follows: a. He will promptly pay the indebtedness evidenced by said promissory note at the times and in the manner therein provided. b. He will pay all taxes, assessments, water rates, and other governmental or municipal charges, fines, or impositions, for which provision has not been made hereinbefore, and will promptly deliver the official receipts therefor to the said mortgagee. c. He will pay such expenses and fees as may be incurred in the protection and maintenance of said property, including the fees of any attorney employed by the mortgagee for the collection of any or all of the indebtedness hereby secured, or for foreclosure by mortgagee's sale, or court proceedings, or in any other litigation or proceeding affecting said premises. Attorneys' fees reasonably incurred in any other way shall be paid by the mortgagor. d. For better security of he shall execute and deliver a supple the property hereinabove described Furthermore, should mortgagor fail to by this instrument, mortgagor hereby ag such advances shall become part of the in edness hereby secured, upon the request of the mortgagee, its successors or assigns, age or mortgages covering any additions, improvements, or betterments made to rty acquired by it after the date hereof (all in form satisfactory to mortgagee). t in the payment of a prior or inferior encumbrance on the property described mortgagee to cure such default, but mortgagee is not obligated to do so; and secured by this instrument, subject to the same terms and conditions. e. The rights created by this con + • 1 remain in full force and effect during any postponement or extension of the time of payment of the indebtednes d+ +ced + :'d promissory note or any part thereof secured hereby. f. He will continuously maintain hazard r., , of such type or types and in such amounts as the mortgagee may from time to time require on the improvements : + or ` on said property, and will pay promptly when due any premiums therefor. All insurance shall be carried in comp. +• . + - • mortgagee and the policies and renewals thereof shall be held by mortgagee and have attached thereto loss payable clauses in favor of and in form acceptable to the mortgagee. In event of loss, mortgagor will give immediate notice in writing to mortgagee, and mortgagee may make proof of loss if not made promptly by mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to mortgagee instead of to mortgagor and mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by mortgagee at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged or destroyed. In event of foreclosure of this mortgage, or other transfer of title to said property in extinguishment of the indebtedness secured hereby, all right, title, and interest of the mortgagor in and to any insurance policies then in force shall pass to the purchaser or mortgagee or, at the option of the mortgagee, may be surrendered for a refund. g. He will keep all buildings and other improvements on said property in good repair and condition; will permit, commit, or suffer no waste, impairment, deterioration of said property or any part thereof; in the event of failure of the mortgagor to keep the buildings on said premises and those erected on said premises, or improvements thereon, in good repair, the mortgagee may make such repairs as in its discretion it may deem necessary for the proper preservation thereof; and the full amount of each and every such payment shall be immediately due and payable and shall be secured by the lien of this mortgage. h. He will not voluntarily create or permit to be created against the property subject to this mortgage any lien or liens inferior or superior to the lien of this mortgage without the written consent of the mortgagee; and further, he will keep and maintain the same free from the claim of all persons supplying labor or materials for construction of any and all buildings or improvements now being erected or to be erected on said premises. i. He will not rent or assign any part of the rent of said mortgaged property or demolish, or remove, or substantially alter any building without the written consent of the mortgagee. 2 OR BK 00069 PG 1937 HANNER, John M. and Susan M. 3620 -33054 / DLH 85799940 -04 j. All awards of damages in connection with any condemnation for public use of or injury to any of the property subject to this mortgage are hereby assigned and shall be paid to mortgagee, who may apply the same to payment of the installments last due under said note, and mortgagee is hereby authorized, in the name of the mortgagor, to execute and deliver valid acquittances thereof and to appeal from any such award. k. The mortgagee shall have the right to inspect the mortgaged premises at any reasonable time. 2. Default in any of the covenants or conditions of this instrument or of the note or loan agreement secured hereby shall terminate the mortgagor's right to possession, use, and enjoyment of the property, at the option of the mortgagee or his assigns (it being agreed that the mortgagor shall have such right until default). Upon any such default, the mortgagee shall become the owner of all of the rents and profits accruing after default as security for the indebtedness secured hereby, with the right to enter upon said property for the purpose of collecting such rents and profits. This instrument shall operate as an assignment of any rentals on said property to that extent. 3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when due, or shall fail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry sell said property without appraisement (the mortgagor having waived and assigned to the mortgagee all ri •is of appraisement): (I) at judicial sale pursuant t. pr. iions of 28 U.S.C. 2001 (a); or (II) at the option of the mortgagee, . • uction or by solicitation of sealed bids, for the highest and best bid complying with the terms of sale and manner of paym spec' : • in the published notice of sale, first giving four weeks' notice of the time, terms, and place of such sale, by adverti n. than once during each of said four weeks in a newspaper published or distributed in the county in which said property „is- • , all other notice being hereby waived by the mortgagor (and said mortgagee, or any person on behalf of said +: o • :a: , m. , id with the unpaid indebtedness evidenced by said note). Said sale shall be held at or on the property to be sold or at u ' r.. , • • , or city courthouse for the county in which the property is located. The mortgagee is hereby authorized to execu e for f of the mortgagor and to deliver to the purchaser at such sale a sufficient conveyance of said property, which co eyan +all •ntain recitals as to the happening of the default upon which the execution of the power of sale herein granted • • - ••_' •+d ••c • mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to execute said conveyance and hereby covenants and agrees that the recitals so made shall be effectual to bar all equity or right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby expressly waived and conveyed to the mortgagee; or (III) take any other appropriate action pursuant to state or Federal statute either in state or Federal court or otherwise for the disposition of the property. In the event of a sale as hereinabove provided, the mortgagor or any person in possession under the mortgagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted as cumulative to the remedies for collection of said indebtedness provided by law. 4. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied first to pay the costs and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or maintaining said property, and reasonable attorneys' fees; secondly, to pay the indebtedness secured hereby; and thirdly, to pay any surplus or excess to the person or persons legally entitled thereto. 5. In the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hereinabove granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without regard to appraisement. 3 OR BK 00569 PG 1938 6. In the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien, charge, fee, or other expense charged against the property, the mortgagee is hereby authorized at his option to pay the same. Any sums so paid by the mortgagee shall be added to and become a part of the principal amount of the indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all taxes and liens and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage shall be canceled and surrendered. 7. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 8. No waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter be held to be a waiver of the terms hereof or of the note secured hereby. 9. In compliance with section 101.106 of the Rules and Regulations of the Small Business Administration [13 C.F.R. 101.106], this instrument is to be construed and enforced in accordance with applicable Federal law. 10. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or unenforceable shall not in any way impair or preclude the enforcement of the remaining provisions or portions of this instrument. 11. Any written notice to be issu mortgagor at 1002 Southeast 8th Driv addressed to the mortgagee at 801 T mortgagor pursuant to the provisions of this instrument shall be addressed to the bee, Florida 34974 and any written notice to be issued to the mortgagee shall be rive, Suite 120 Birmingham, Alabama, 35211. IN WITNESS WHEREOF, the m>{tgag�as executed this instrument and the mortgagee has accepted delivery of this instrument as of the day and year aforesaid. STATE OF FLORIDA ) L )ss COUNTY OF OKetc}. - ) Thejeregoing instrument was acknowledged before me this 3 � day of _Sv►�y , 20 by John M. Harmer who produced a Notary Public, State of Florida at Large My Commission Expires: as identification. SAM WALKER 1 MY COMMISSION K DD 277138 EXPIRES: December 22, 2007 eardsdital *Noy Pllbiic Underwriters STATE OF FLORIDA �\ t COUNTY OF e e )ss Theeregoing ins nt was acknowledged before me this %3 .. day of , 20 as" by Susan M. Hanner who produced a as identification. Susan M. Hamner Notary Public, State of Florida at Large My Commission Expires: c"} SAM WALKER MY COMMISSION # DD 277138 22, 2007 bonded Thou Wary Public Unaae+ners 4 11111111111111111111111111 FILE NUM 2006007290 OR BK 00597 PG 1324 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 04/20/2006 02:36:08 P11 RECORDING FEES 18.50 RECORDED BY R Parrish Pss 1324 - 1325; (2nss1 CITY OF OKEECHOBEE, Petitioner, Respondent. John & Susan Hanner / ORDER CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 06-043 THIS CAUSE came on (fc{r pu It' hearing before the Code Enforcement Board, City of (\.. Okeechobee, on March 14 06 er due notice to the respondent, and the Board ti having heard evidence on the alleged-v�ai�u = respo by witnesses or affidavit, the Board therefore makes the following findings: (c box) 1. That the respondent is _, : of time of days without penalty to correct the violation, and the matter is set for review at the next hearing on ,20 , or as set by the Board. 2. That respondent, acknowledges the violation and agrees to correct said violation on or before 20, and notify the Board of the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. X 3. That upon review of the evidence presented, the Board issues the following: A. FINDINGS OF FACT: Lot: 30 Section: Okeechobee Estates Parcel# 3- 22 -37 -35 -0290- 00000 -0300 Property located at 1002 SE 8th Drive has been found to have building material, debris and junk in front and back of property. B. CONCLUSIONS OF LAW: The owner of property described above located at 1002 SE 81° Drive has been found to be a repeat violator in violation of Chapter 30 Sections 30-40 Junk and 30-44 General cleaning & beautification. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Chapter 30 Sections 30-40 & 30-44 concerning your property located at 1002 SE 8" Drive. Okeechobee. Florida If you do not correct the violation within Five (5) days from receipt of this notice , or notify the Code Enforcement Officer of the correction, the Board imposes a fine of S 250.00 per day Book597 /Page1324 CFN #2006007290 Page 1 of 2 commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a certified copy of this order as a claim (Shen, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. 4. The Board finds and orders in addition: AGREED AND ORD CITY OF OKEECHOBEE, ag day of % 7 ,20 . John & Susan Harmer Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida ATTEST: � A Recording Secretary 20011 . SWORN TO AND SUBSCRIBED before me this a90.k. day of 111Q2h 6;rf Etomm- NOTARY PUBLIC My Commission expi Book597 /Page1325 CFN #2006007290 Page 2 of 2 I111UIUUHI111UII FILE NUM 2006007291 OR BK 00597 PG 1326 SHARON ROBERTSOHr CLERK OF CIRCUIT COURT OKEECHOBEE COUHTYr FL RECORDED 04/20/2006 02:36:08 PH RECORDING FEES 18.50 RECORDED BY R Parrish Fes 1326 — 13271 (toss) CITY OF OKEECHOBEE, -vs- Petitioner, Respondent. John & Susan Hanner / ORDER CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA. CASE NO. 06 -044 THIS CAUSE came on�f pu ]ice' hearing before the Code Enforcement Board, City of Okeechobee, on March 14 , fL er due notice to the respondent, and the Board having heard evidence on the all \ \I idp by witnesses or affidavit, the Board therefore makes the following findings: (c : k r o box) 1. That the respondent is of time of days without penalty to correct the violation, and the matter is set for review at the next hearing on ,20_, or as set by the Board. 2. That respondent, acknowledges the violation and agrees to correct said violation on or before , 20, and notify the Board of the correction and arrange for a reinspection of the property by the Code Enforcement Officer prior to said date. X 3. That upon review of the evidence presented, the Board issues the following: A. FINDINGS OF FACT: Lot: 30 Section: Okeechobee Estates Parcel# 3- 22- 37 -35- 0290 - 00000 -0300 Property located at 1002 SE 8a Drive has been found to have commercial vehicles parked in a residential area and no building permit. B. CONCLUSIONS OF LAW: The owner of property described above located at 1002 SE 8th Drive has been found to be a repeat violator in violation of Chapter 54 Section 54 -51 & Chapter 70 Section 70 -302. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Chp.54 Sec 54-51 & Chp. 70 Sec 70-302 concerning your property located at 1002 SE 8th Drive, Okeechobee. Florida If you do not correct the violation within Five (5) days from receipt of this notice , or notify the Code Enforcement Officer of the correction, the Board imposes a fine of $ 250.00 per day Book597 /Page1326 CFN #2006007291 Page 1 of 2 commencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a certified copy of this order as a claim of lien, shall be recorded in the office of the Clerk of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. 4. The Board finds and orders in addition: AGREED AND ORD CITY OF OKEECHOBEE, Petition day of / net/,e--IL , 20 &. John & Susan Harmer Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida tthic) Chairperson ode Enf ATTEST: Recording Secretary 20(x. SWORN TO AND SUBSCRIBED before me this Aalk day of Mai C1 , 6vrn ;01\_ni2a. NOTARY PUBLIC My Commission expires: , 9OOg Book597 /Page1327 CFN #2006007291 Page 2 of 2 CITY OF OKEECHOBEE, PETITIONER, RESPONDENT, JOHN AND SUSAN HANNER / CODE ENFORCEMENT BOARD OF THE CITY OF OKEECHOBEE, FLORIDA CASE NO. 06-172 111 FILE Nutt 2006017154 OR BK 00613 PG 0457 SHARON ROBERTSON, CLERIC OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 10/12/2006 0254:35 PM RECORDING FEES 18.50 RECORDED BY R Parrish Pss 0457 - 4581 (2pss) correct the violation and the matter is set for review at the not hearing on 20 . _ 2. That respondent acknowledges the violation and agrees to correct said violation on or before , 20_, and notify the Board of the correction and arrange for a reinepection of the property by the Code Enforcement Officer prior to said date. _X_ 3. That upon review of the evidence presented, the Board issues the following: A. FINDINGS OF FACT: Lot: 30 Section: Okeechobee Estates Parcel# 3- 22 -37 -35 -0290- 00000 -0300 Property location: 1002 SE 8' Drive Property owner: John & Susan Hanna Property has been found to have commercial vehicles parked in a residential neighborhood, overgrown grass and yard debri. B. CONCLUSIONS OF LAW: The owner of the property described above has been found in violation of Chp 30 Sec 30-44 General cleaning and Chp 54 Sec 54-51 Parking in residential neighborhood. C. ORDER: The Code Enforcement Board, City of Okeechobee, has determined that you have violated the Code of Ordinances, Chapter,11_ Section_NAL and Chapter 54 Section 54-51 concerning your property located at 1002 SEW" Drive. Okeechobee. FL . The violation was not corrected by the date notice ("hearing was received on August 9.2006 therefore the Board imposes a fine of hrmdned fifty dollars X$250.001 per day Book613 /Page457 CFN #2006017154 Page 1 of 2 connnencing that date and continuing daily until the violation is corrected or the city is notified by you and verifies the correction, which ever first occurs. Further, if you do not correct the violation by said date, a oatifed copy of this order as a claim of lien, shall be recorded in the office of the Chic of Circuit Court, Okeechobee County, Florida, and once recorded, becomes a lien on real and personal property pursuant to Florida Statute 162. You have a right within thirty days, to appeal this finding and order by Writ of Certiorari to the Circuit Court, Okeechobee County, Florida. If you correct the violation prior to the above date, it is your obligation to contact the Code Enforcement Officer to verify such compliance. (0) AGREED AND O' /day of 4 .0 * 2006 . CITY OF OIO EECHOBEE, Partionet — OHN AND SUSAN HANNER Respondent CODE ENFORCEMENT BOARD City of Okeechobee, Florida ATTEST: a Recording Secretary SWORN TO AND SUBSCRIBED before me this (O day of apti1 r * e 1 20& NOTARY PUBLIC My Commission expires: 45/00 Book613 /Page458 CFN #2006017154 Page 2 of 2 This instrument prepared 1,y And return to: Charles H. Burns, Esquire 108 Intracoastal Pointe Drive, Suite 100 Jupiter, FL 33477 MORTGAGE 11110111010 FILE NUM 2006019921 OR BK 00617 PG 1000 SHARON ROBERTSON. CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. Fl RECORDED 12/01/2006 02:54 :03 Pit RECORDING FEES 69.50 MTG DOC 210.00 INTANGIBLE TAX 120.00 RECORDED BY M Pinon Fes 1000 - 1007; (spas) THIS MORTGAGE DEED, EXECUTED THIS 15TH DAY OF November, 2006, by JOHN MANNER, a married person joined by his wife SUSAN MANNER, hereinafter called the Mortgagor, whose post office address is 100 SW Albany Avenue, Suite 300, Stuart, FL 34994, to ALLIED INVESTORS, INC., ISAOA. ATIMA hereinafter called the Mortgagee, whose post office address is 1988 Windward Way. Vero Beach, FL 32983: (Wherever used herein the terms "Mortgagor" and "Mortgagee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals. and the successors and assigns of corporations; and the term "Note" includes all the Notes herein described, if more than one). THAT for good ' aggregate sum of LATH the Mortgage Note of .r., repayment of the indebt payment of all other sums Mortgage including. but no covenants and obligations of M bargains, sells, aliens, land of which the Mortgag Florida, viz: WITNESSETH: ble considerations, and also in consideration of the AND 00/100 DOLLARS ($60,000.00) named in th, as hereinafter described, and to secure the ced by said note, with interest thereon, the t thereon. advanced in accordance with this future advances. the faithful performance of all contained herein. the Mortgagor hereby grants, d confirms unto the Mortgagee all the certain and in possession situate in Martin County, Lot 30, OKEEC :r• • , according to the Plat thereof. recorded in Plat Book 3, Page 20, Public Records of Okeechobee County, Florida This is a second mortgage. TOGETHER with all structures and improvements now and hereafter on aid land. the fixtures attached thereto and all gas, electric. steam, refrigerating. heating, cooling, plumbing, irrigating. appliances and other machinery which may now or may hereafter be used with, in or on said premises, whether detached or detachable. TO HAVE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances thereto belonging, including but not limited to all easements, mineral. oil and gas rights. and water rights and the rents issues and profits thereof, unto the Mortgagee, in fee simple. AND the Mortgagor covenants with the Mortgagee that the Mortgagor in indefeasibly seized of said land in fee simple that the Mortgagor has good right and lawful authority to convey said land as aforesaid; that the Mortgagor will make such further assurances to perfect the fee simple title to said land in the Mortgagee as may reasonably be required: that the Mortgagor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomever; and that said land is free and clear of all encumbrances. PROVIDED, ALWAYS, that if said Mortgagor shall pay unto said Mortgagee that certain Mortgage Note, which is attached hereto as EXHIBIT "A" and hereby incorporated herein, (hereinafter called "Note") and shall perform, comply with and abide by each and every of the agreements, stipulations. conditions and covenants thereof, and of this Mortgage, then this Mortgage and the estate hereby created. shall cease, determine and be null and void. The Mortgagor hereby further covenants and agrees: 1. PAYMENT OF INTEREST ONLY: Mortgagor shall promptly pay when due the interest on the indebtedness evidenced by the Note. prepayment and late charges as provided in the Note and the principal of and interest on any Future Advances secured by this Mortgage. 2. FUNDS FOR TAXES AND INSURANCE: Mortgagor shall promptly pay when due all premiums on insurance policies directly to the insurance carrier. Mortgagor shall maintain Hazard Insurance on said property in the minimum amount of at least One Hundred Twenty Thousand Dollars and 00 /Cent (8120.000.00) at all times until said mortgage is paid off in full and satisfied by the Mortgagee. Mortgagor Book617 /Page1000 CFN #2006019921 Page 1 of 8 shall promptly pay when due all real estate taxes directly the payee thereof. At the request of Mortgagee, Mortgagor shall submit to Mortgagee recetpted tax and insurance bills and /or premiums. 3. APPLICATION OF PAYMENTS: Unless applicable law provides otherwise, all payments received by Mortgagee under the Note and paragraph 1 hereof shall be applied by Mortgagee first to late charges due under the Note; second to interest payable on the Note. third to interest due on any Future Advances. then to the principal of the Note. and then to principal on any Future Advances. 4. CHARGES: LIENS: Mortgagor shall pay all taxes, assessments and other charges. fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any, in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Mortgagor making payment. when due, directly to the payee thereof, Mortgagor shall promptly furnish to Mortgagee all notices of amounts due under this paragraph. and in the event Mrtgagor shall make payment directly. Mortgagor shall promptly furnish to Mortgagee receipts evidencing such payments. Mortgagor shall promptly discharge any lien which has priority over this Mortgage; provided, that Mortgagor shall not be required to discharge or shall: a) agree in writing to the payment of the any such lien so long as obligation secured by faith contest such lie • , which operate to prevent part thereof, or c) secure Mortgagee subordinating in a manner acceptable to Mortgagee, b) shall in good end enforcement of such lien in, legal proceedings rcement of the lien or forfeiture of the Property or any older of the lien an agreement satisfactory to this Mortgage. 5. HAZARD INS existing or hereafter erec included within the term may require and in such amoun provided, that Mortgagee shall amount of coverage required t•t ortgagor shall keep the improvements now rty insured against loss by fire, hazards e" and such other hazards as Mortgagee uch periods as Mortgagee may require; at the amount of such coverage exceed that secured by this Mortgage. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to approval by Mortgagee provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid by Mortgagor making payment. when due. directly to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Mortgagee and shall include a standard mortgage clause in favor of and in form acceptable to Mortgagee. Mortgagee shall have the right to hold the policies and renewals thereof, and Mortgagor shall promptly furnish to Mortgagee all renewal notices and all receipts of paid premiums. place and pay for Mortgagor uch�surance or any comply art thereof, covenant, the Mortgagee y p without waiving or affecting the option to foreclose. or any s abandoned Mortgagor or with the excess, if any, paid to Mortgagor. If the Property by �aB if Mortgagor falls to respond to Mortgagee within 30 days from the date notice is mailed by Mortgagee to Mortgagor that the insurance carrier offer to settle a claim for insurance benefits, Mortgagee is authorized to collect and apply the insurance proceeds at Mortgagee's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Mortgagee and Mortgagor otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraph 1 hereof or change the amount of such installments. If under paragraph 18 hereof the Property is acquired by Mortgagee, all right, title and interest of Mortgagor in and to any insurance policies and in and to the proceeds resulting from damage to the Property prior to such sale or acquisition shall pass to Mortgagee to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 6. PRESERVATION AND MAINTENANCE OF PROPERT: LEASEHOLDS: CONDOMINIUMS: PLANNED UNIT DEVELOPMENTS: Mortgagor shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property, including but not limited to alteration or demolition of the subject premises. and shall comply with the provisions of any lease if this Mortgage is on a leasehold. Furthermore, Mortgage encumbers a unit in a condominium or a planned unit development. Mortgagor shall perform all of Mortgagor's obligations under the declaration or covenants creating or governing the condominium planned unit development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium ntgorpp unit Mortgage, development rider is executed by Mortgagor the covenants and agreements of such rider shall be incorporated into and shall amend Book617 /Page1001 CFN #2006019921 Page 2 of 8 the supplement the covenants and agreements of this Mortgage as if the rider were a part thereof. 7. PROTECTION OF MORTGAGEE'S SECURITY: If Mortgagor fails to perform the covenants and agreements contained in the Mortgage, or if any action or proceeding is commenced which materially affects arrangements or proceedings involving a bankrupt or decedent, then Mortgagee, at Mortgagee's option. upon notice to Mortgagor may make such appearances. disburse such sums and take such action as is necessary to protect Mortgagee's interest, including. but not limited to. disbursement of reasonable attorney's fees and entry upon the Property to make repairs. If Mortgagee required mortgage insurance as a conditions of making the loan secured by this Mortgage. Mortgagor shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Mortgagor's and Mortgagee's written agreement or applicable law. Mortgagor shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Mortgagee pursuant to this paragraph 7, with the interest thereon. shall become additional indebtedness of Mortgagor secured by this Mortgage. Unless Mortgagor and Mortgagee agree to other terms of payment, such amounts shall be paya . • . notice from Mortgagee to Mortgagor requesting payment thereof, and shall . - • from the date of disbursement at the rate payable from time to time on outs • s. cipal under the Note unless payment of interest at such rate would be contrary e law, in which event such amounts shall bear interest at the highest rat: . - ble under applicable law. Nothing contained in this paragraph 7 shall require 4,�� • to insure any expense or take any action hereunder. 8. INSPEC11 entries upon and inspectio �. o Mortgagor notice prior to such inspec to Mortgagee's interest in the y make or cause to be made reasonable provided that Mortgagee shall give ifying reasonable cause therefore related 9. CONDEMNATION: The proceeds of any award or claim for damages, direct or consequential. in connection with any condemnation or other taking of the Property. or part thereof, or for conveyance in lieu of condemnation are hereby assigned and shall be paid to Mortgagee. In the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Mortgage, with the excess. if any, paid to Mortgagor. In the event of a partial taking of the Property. unless Mortgagor and Mortgagee otherwise agree in writing, there shall be applied to the sums secured by this Mortgage immediately prior to the date of taxing bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Mortgagor. If the Property is abandoned by Mortgagor, or if, after notice by Mortgagee to Mortgagor that the condemnor offer to make an award or settle a claim for damages, Mortgagor falls to respond to lender within 30 days after the date such notice is mailed, Mortgagee is authorized to collect and apply the proceeds, at Mortgagee's option, either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Mortgagee and Mortgagor otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraph 1 hereof or change the amount of such installments. 10. MORTGAGOR NOT RELEASED: Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Mortgagee to any successor in interest of Mortgagor shall not operate to release, in any manner, the liability of the original Mortgagor and Mortgagor's successors in interest, Mortgagee shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Mortgagor and Mortgagor's successors in interest. 11. TIME; FORBEARANCE BY LENDER NOT A WAIVER: Time is of the essence of this Mortgage. However, any forbearance by Mortgagee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Mortgagee shall not be a waiver of Mortgagee's right to accelerate the maturity of the indebtedness secured by this Mortgage. Book617 /Page1002 CFN #2006019921 Page 3 of 8 12. REMEDIES CUMULATIVE: All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. 13. SUCCESSORS AND ASSIGNS BOUND: JOINT AND SEVERAL UABIIdTY: CAPTIONS: CO- SIGNORS: The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Mortgagee and Mortgagor, subject to the provisions of paragraph 17 hereof. All covenants and agreements of the Mortgagor shall be joint and several. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be used to interpret or define the provisions hereof. Any Mortgagor who co -signs this Mortgage but does not execute the note is only mortgaging, granting and conveying that Mortgage's interest in the property subject hereto; and the execution of this Mortgage, unless otherwise agreed to by such Mortgagor, and shall not render that Mortgagor personally obligated to the sums evidenced by the Note; and agrees that Mortgagee and any other Mortgagor may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Mortgage or the Note without that Mortgagors consent. 14. NOTICE: Except for any notice required under applicable law to be given in another manner (a) any notice to Mortgagor provided for in this Mortgage shall be given by mailing such i .�- .% certified mail. addressed to Mortgagor at the Property Address, or at such o • ss as Mortgagor may designate by notice to Mortgagee as provided herein. ' notice to Mortgagee shall be given by mailing such notice by certified mail. I . ipt requested, to Mortgagee's address stated herein or to such other address o r.:ee may designate by notice to Mortgagor as provided herein. 15. UNIFORM . O : GOVERNING LAW: SEVERABII ITY: This form of mortgage combines u "Liz' for national use and non - uniform covenants with limited variations and for a uniform security instrument covering real property. This Mortgage 'be governed by the law of the jurisdiction in which the Property is located. e t any provision or clause of this Mortgage or the Note conflicts with applf . su conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to the end the provisions for the Mortgage and the Note are declared to be severable. 16. MORTGAGOR'S COPY: Mortgagor shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 17. LOAN DUE ON SALE OR TRANSFER OF THE PROPERTY: If all or any part of the Property or an interest therein is sold or transferred by Mortgagor (or if a beneficial interest in Mortgagor is sold or transferred and Mortgagor is not a natural person) without Mortgagee's prior written consent, Mortgagee may. at Mortgagee's option, declare all the sums secured by this Mortgage to be immediately due and payable. 18. ACCELERATION: promptly tly paid within If any d of next after the the money ame severally within fifteen referred to are not promptly poi become due and payable, or if each and every of the stipulations, agreements, conditions and covenants of the Note and this Mortgage, or either, sum mentioned in performed, complied with and abided by, then the entire aggregate the Note shall become due and payable forthwith or thereafter, r money t e was originally f he Mortgagee, as fully and completely as if said aggregate stipulated to be paid on such day, everything in said Note or herein to the contrary notwithstanding. Wherever Mortgagee is given the option to accelerate to maturity of the Note, in this Mortgage. Mortgagee, to the extent permitted by law, shall not be required to give any notice to or make any demand on Mortgagor or Mortgagor's successors or assigns, except as otherwise specifically set forth herein. 19. FLOOD INSURANCE: If required by Mortgagee at any time during the term of this Mortgage, insurance covering the peril of flood damage shall be obtained by Mortgagor and maintained in such amounts and for acceptable to Mortgagee and shall contain a standard Mortgage clause in favor of Mortgagee. Mortgagee shall have the right to hold the policy and renewal thereof and Mortgagor shall promptly furnish to Mortgagee all renewal notices and all premium receipts. n the event enth Mortgagor does r any comply with this covenant, the Mortgagee may place pay t nnder this part thereof, without waiving or affecting the option to f shall e. or any right and and Mortgage, and the full amount each and every payment and shall bear interest from the date thereof until paid at the default rate as Book6171Page1003 CFN #2006019921 Page 4 of 8 set forth in the Note, and together with such interest shall be secured by the lien of this Mortgage. In the event of a loss. the proceeds of such insurance handled like fashion as the procedures for a loss as described in paragraph 5 of this Mortgage. 20. ASSIGNMENT OF RENTS: APPOINTMENT OF A RECEIVER As additional security hereunder, Mortgagor hereby assigns to Mortgagee the rents of o property. Mortgagor has executed and delivered in favor of Mortgagee, if applicable. Assignment of Leases instrument. the terms and covenants of which are hereby incorporated by reference. Whether or not Mortgagor has executed and delivered said Assignment of Rents instrument, upon acceleration of any sums due hereunder or abandonment of the property. Mortgagee shall be entitled to have a receiver appointed by the court to enter upon, take possession of and manage the property and to collect the rents of property, including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 21. ATTO Mortgagee for all Mortgagee in any acti appellate levels, in whi appears as a party plain Mortgagor or the mo but is not limited to. the fo condemnation action Invo security hereof, or any p incurred by the Mortgagee shall bear interest thereon at the secured by the lien of this Mo : The Mortgagor shall pay or reimburse the rney's fees, costs. and expenses paid or incurred by the ing or dispute, of any kind, whether at the trial or is served with legal process, is made a party or dant relating to or affecting the Note, this Mortgage, . Such action, proceeding or dispute shall include, other enforcement of this mortgage, any property, any action to protect the te or bankruptcy. Any such amounts paid or to the total indebtedness secured hereby and te allowable by Florida law, and shall be 22. FINANCIAL STATEMENTS: At the option of Mortgagee, Mortgagor shall provide Mortgagee with periodic certified audited financial statement of the operations of and the financial condition of Mortgagor. 23. BANKRUPTCY: In the event Mortgagor shall be brought within the jurisdiction of the U.S. District Court under provisions of the Bankruptcy Act, whether voluntarily or involuntarily on the art of the Mortgagor, then such action shall automatically and without notice accelerate the maturity of the entire principal balance, accrued interest and any other sums secured hereby and such sums shall become immediately due and payable forthwith. 24. RELEASE: Upon payment in full of all sums secured by this Mortgage, Mortgagee shall release this Mortgage without charge to Mortgagor, excepting however, that Mortgagor shall pay all costs of recordation, if any. A release of this Mortgage shall constitute the automatic release Assignment of Leases instrument, if any, as described in paragraph above. 25. WAIVER OF HOMESTEAD EXEMPTION: Mortgagor hereby waives and subordinates all right of any homestead exemption, if any, under the Constitution of the State of Florida, in and to the Mortgaged property to the lien of this Mortgage. 26. FUTURE ADVANCES: Upon the request of the Mortgagor. the Mortgagee may hereafter. at its option. at any time within twenty (20) years from the date of this Mortgage, and before full payment hereof and the Note secured hereby. make further advances to the Mortgagor. Any such further advances. with accrued interest, shall be secured by this Mortgage and shall be evidenced by an additional note then decrease the initial amount of indebtedness that provided that tmaat �this alan Mortgage at one the total or increase from time to time, p time shall not exceed twice the original principal balance of this Mortgage, together with interest thereon and any and all disbursements made bhe Mortgagee interest payment of taxes, levies, or insurance on the property encumbered disbursements as fees and court costs paid or incurred by the Mortgagee in the collection of any or all of such sums of money. 27. HAZARDOUS WASTE: Mortgagor expressly represents to Mortgagee that the property and the improvements thereon have not in the past been used, are not presently being used, and will not in the future be used for the handling, storage, transportation or disposal of hazardous or toxic from d against any greeso to indemnify. defend and hold Mortgagee h or Book617 /Page1004 CFN #2006019921 Page 5 of 8 Mortgagee, including without limitation attorney fees incurred by Mortgagee as a result of such past, present or future use, handling, storage, transportation or disposal of hazardous or toxic materials. Mortgagee. at Mortgagee's sole option, may obtain. at Mortgagor's expense, a report from a reputable environmental consultant of Mortgagee's choice as to whether the property and the improvements had been or are presently being used for the handling, storage, transportation or disposal of hazardous or toxic materials. In the event Mortgagee requests such a report and said report indicates such pas or present use, handling, storage, transportation or disposal. Mortgagee may require that all violations of law with respect to hazardous or toxic material before corrected and /or that Mortgagor obtain all necessary environmental permits Mortgagee shall fund any initial or subsequent events under this loan at Mortgagee's sole option. 28. WAIVER BY PARTIES OF JURY TRIAL: The parties hereby waive trial by jury in any action proceeding or counterclaim brought by either of them against the other on any matters whatsoever arising under this Mortgage. 29. EXC or other loan charges Mortgage exceeds the such excess sum shall be notify the Mortgagee. in returned to them forthwl legal contract rate." CHARGES: In the event any charges, including interest or to be collected in connection with the Note or this allowed by law, as amended from time to time, then as a payment of principal. unless the Mortgagor shall t the Mortgagor elects to have such excess some erein, "maximum" shall mean "the maximum 30. ADDITIO O ORTGAGEE: Without affecting the liability of Mortgagor or any other . ' person expressly released in writing) for payment of any indebtedness or for performance of any obligation contained herein. and without et :. _:• is of Mortgagee with respect to any security not expressly released t , g, Mortgagee may, at any time and from time to time, either before or after maturity of said Note, and without notice or consent: a. Release any person liable for payment of all or any part of the indebtedness or performance of any obligation: b. Make any agreement extending the time or otherwise altering the terms of payment of all or any part of the indebtedness or for performance of any obligation. c. Exercise or refrain from exercising or waive any right Mortgagee may have; d. Accept additional security of any kind; and e. Release or otherwise deal with any property, real or personal, securing the indebtedness, including all or any part of the Mortgage property. 31. CONSTRUCTION OF IMPROVEMENTS: If Mortgagee, pursuant to a Construction Loan Agreement or Loan Commitment made by Mortgagee with Mortgagor. agrees to make construction loan advances up to the principal amount of the Note, then Mortgagor hereby covenants that it will comply with all of the terms, provisions and covenants of said Construction Loan Agreement or loan commitment. will diligently construct the improvements to be built pursuant to the terms thereof. all the terms thereof, all the terms thereof which are incorporated herein by reference as set though set forth fully herein and will permit no defaults to occur thereunder, and if a default shall occur thereunder, it shall constitute as default under this Note and Mortgage. 32. AUTHORITY TO TRANSACT BUSINESS: Mortgagor represents and warrants that if a corporation. it is duly organized and is validly existing in good standing under the laws of the state of its incorporation. has stock outstanding which has been duly and validly issued, and is qualified to do business and is in good standing in the State of Florida. with full power and authority to consummate the loan contemplated hereby. IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed these presents the day and year first above written. Book617 /Page1005 CFN #2006019921 Page 6 of 8 THIS IS A BALLOON MORTGAGE AND THE FINAL PAYMENT ON THE BALANCE DUE UPON MATURITY IS $60,000.00 TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. SIGNED. SEALED AND DELIVERED IN THE PRESENCE OF: Print Name: Print Name.. e 4ncatry STATE OF FLORIDA COUNTY OF I HEREBY CE State aforesaid and appeared JOHN described in and who ex driver's license as identifi contained therein and wh t on this day before me, an officer duly authorized in the ty aforesaid to take aclmowledgments, personally ED PERSON, to me known to be the person(s) foregoing instrument (or who has /have produced a he /she /they executed the same for the purposes yiRt take an oath. 4 d,y, off day of, h in the County and State last aforesaid this � a , Print Name: rotas .T aZ e Print Name: �o��r •y STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared SUSAN HANNER. A MARRIED PERSON. to me known to be the person(s) described in and who executed the foregoing instrument (or who has /have produced a driver's license as identification) and he /she /they executed the same for the purposes contained therein and who did /did not take an oath. y han d official seal in the County and State last aforesaid this day ova of ,W, i 2006. Publi `fir ,) n 3 i-ko -- Book617 /Page1006 CFN #2006019921 Page 7 of 8 Promissory Note AMOUNT: $60,000.00 DATED: November 15, 2006 FOR VALUE RECEIVED, the undersigned Maker(s) promises to pay to the order of Allied Investors, Inc., ISAOA, ATIMA, 1966 Windward Way, Vero Beach, FL 32963 in the manner hereinafter specified, the principal sum of SIXTY THOUSAND AND 00 CENTS ($60,000.00) together with interest thereon accruing as of the date hereof at the rate of 14% per annum on the unpaid balance of this Promissory Note ( "the Note "). All payments of principal and interest shall be in lawful money of the United States of America at such place as set forth above or such other place as may be designated by written notice from the holder to the Maker hereof. Interest only from the date hereof shall be payable monthly, commencing with a payment of SEVEN HUNDRED AND 00/100 DOLLARS ($700.00) on December 15, 2006 and the last payment being made on November 15, 2007. The unpaid balance of this Note plus any remaining accrued interest thereon shall be due and payable on November 15, 2007. If any payment due - ote is not paid when due and remains unpaid after 15 days, a late fee of 5% • s : . ent amount will be due, or the entire principal amount outstanding and accru -1 ereon shall at once become due and payable at the option of the Payee. The • if ed shall not be less that fifteen (15) days from the date notice is mailed to th ' , ` Payee may exercise this option to accelerate during any default by the Maker _ :.. ,, ess of any prior forbearance. The Payee shall be entitled, in the event of d :. interest at the highest lawful rate together with all reasonable costs and e - - • on, including, but not limited, to a reasonable attorney's fees. Should any pa AAent ' be returned, Maker shall pay a $35.00 fee for a returned check and th - " • ;mod ats must be by a cashier's check or money order. The Maker acknowledges that late charges and returned check penalties are not interest. There will be a Two Thousand Dollar and 00.Cent ($2,000.00) Prepayment fee for the first two months of this note. Prepayment of this Note may be made at any time without penalty after the first two months. Any such payments shall first be applied to interest and late charges and then to principal. If at any time for any reason an effective rate of interest transcends the maximum interest rate permitted by applicable law, then without further agreement or notice the obligation to be fulfilled shall automatically be reduced to such limit and all sums received by Payee in excess of those lawfully collectible as interest shall be applied against the principal of the loan immediately upon Payee's receipt thereof, with the same force and effect as though the payor had specifically designated such extra sums to be so applied to the principal of the loan immediately upon Payee's receipt thereof with the same force and effect as though the payor had specifically designated such extra sums to be so applied to the principal and the Payee had agreed to accept such extra sums to be applied to principal and mortgagee had agreed to accept such extra payment(s) as premium -free payment(s). The term "Maker" as used herein in every instance shall include the successors ad assigns of the Maker. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors, and endorsers hereof. This Note shall be binding upon the maker, his successors and assigns. 100 SW Albany Avenue, Suite 300 Stuart, FL 34994 Book617 /Page1007 CFN #2006019921 Page 8 of 8 Meal Ts anchor Abladt 207 aW out snot a..'w.-, a 34972 State of Florida County of Okeechobee AFFIDAVIT 110458 PA&0565 On this 28th day of June, 2001 personally appeared BURTON C. CONNER who after first being duly cautioned and swam on her oath hereby depose and state the following: 1.) 1 prepared that certain Certificate of Title dated April 22,1996 with RAY WIREMAN and MARY JO WIREMAN as Plaintiffs and JOHN M. HANNER and SUSAN M. HANNER as Defendants as recorded in Official Record Book 377, Page 474, Public Records of Okeechobee County, Florida_ 3.) At the time of conveyance of the instrument as stated above, said Legal Description as described in Exhibit A. was typed incorrectly as to the last call of said legal Description. which was as follows: State of Florida County of Okeechobee On this 286 day of June, 2001, personally appeared before me BURTON C. CONNER who is personally known to me or who have produced as identification. )seal) 4 3(S37 210458 P*ff0566 EK.IMTT 'a° a Portion of laud described in O.R. Book 377, Page 474: A Parcel of land lying in and caupriaing apart of Sections 3 and 10, lbunship 37 South, Range 36 East, Okeechobee County, Florida, described as follows: Commencing at the Southeast corner of Section 10, Township 37 South, Range 36 East, run then West along the South boundary line of Section 10 for a distance of 3629.51 feet; thence run W 00 °07'00° W parallel with the Mist boundary line of Section 10 for a distance of 5257.20 feet for the Point of Beginning; thence continue 8 00 °07'00° W for a distance of 315.00 to a point on the Southerly Right -of -Way line of State Road 70; thence run S 60 °04'17° W along the Southerly Right- of-Way line of State Road 70 for a distance of 250.82 feet; thence run S 29 °55'43' E for a distance of 219_34 feet; thence run R 89 °53'00' E for a distance of 108.58 feet to the POINT OF B66IRIMIR6. CC-2)j), law Gera. 1, C D 9,• ►... sa 014.71 763-5155 FIIEO FOR RECORD G? EECtvA fj COUNTY. FL 2191.!! —9 b" ° 30 SHARON ROBERTSON CLERK OF CIRCUIT COURT MAIL ANY NOTICES OF DEFAULT TO: GREAT AMERICAN RVS, INC. 4300 Highway 441 South Okeechobee, Fl. 34974 Second Mortgage 11111111111111111111111111111 FILE NUM 20070+71180 OR BK 00627 PG 1769 SHARON ROBERTSON► CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 04/12/2007 11:22:31 AM RECORDING FEES 69.50 MTG DDC 61.25 INTANGIBLE TAX 34.96 RECORDED BY M Pinon P9s 1769 - 1776; (8P951 This mortgage made and entered into this 2nd day of July 2005, by and between John M. Harmer and Susan M. Hanner, AKA Susan M Whitcomb Harmer, husband and wife, 1002 Southeast 8th Dr., Okeechobee, Florida 34974 (hereinafter referred to as mortgagor) and Great American R (hereinafter referred to as mortgagee), who maintains an office and place of bu i ss 300 Highway 441 South, Okeechobee, Florida, 34974. nsideration hereinafter stated, receipt of which is r does hereby mortgage, sell, grant, assign, and ssors and assigns, all of the following described ty of Okeechobee, State of Florida subject to the WITNESSETH, th hereby acknowledged, the convey unto the mortgage property situated and being existing first mortgage.: LOT 30, OKEECHOBEE E RECORDED IN PLAT BO COUNTY. ORDING TO THE PLAT THEREFOR PUBLIC RECORDS OF OKEECHOBEE SUBJECT TO CONVENANTS, RESTRICTIONS, EASMENTS OF RECORD AND TAXES FOR THE CURRENT YEAR. THE PREPARER OF THIS DOCUMENT HAS NOT EXAMINED THE TITLE TO THE LAND BEING CONVEYED HEREIN, AND THEREFORE DOES NOT GIVE AN OPINION OF TITLE TO THE CAPTIONED PROPERTY. More commonly known as: 1002 Southeast 8th Drive, Okeechobee, Florida, 34974 It is hereby agreed between the parties hereto, that if the mortgagor, subsequent to the date of this mortgage, conveys, contracts, or attempts to sell the above described mortgaged property in any way or manner whatsoever, while said property is mortgaged to the mortgagee, and without the written consent of the mortgagee, then and in such event the whole sum of principal and interest secured by this mortgage shall , at the option of the mortgagee, become immediately due and payable , and the mortgage may be foreclosed at once if said debt is not paid in full. Book627 /Page1769 CFN #2007005180 Page 1 of 8 Together with and including all buildings, all fixtures including but not limited to all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air conditioning apparatus, and elevators (the mortgagor hereby declaring that it is intended that the items herein enumerated shall be deemed to have been permanently installed as part of the reality), and all improvements now or hereafter existing thereon; the hereditaments and appurtenances and all other rights thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, all rights of redemption, and the rents, issues, and profits of the above described property (provided, however, that the mortgagor shall be entitled to the possession of said property and to collect and retain the rents, issues, and profits until default hereunder). To have and to hold the same unto the mortgagee and the successors in interest of the mortgagee forever in fee simple or such other estate, if any, as is stated herein. The mortgagor covenants that he is lawfully seized and possessed of and has the right to sell and convey said property; that the same is free form all encumbrances except as hereinabove recited; and that he hereby binds himself and his successors in interest to warrant and defend the title aforesaid thereto and every part thereof against the claims of all persons whomsoeve This instrument is t. ure the payment of a promissory note dated August 211 9. and maturing on November 26, 2006 2006 in the principal sum 1. The mortgagor cove a. Hew promissory \ rote grees as follows: the indebtedness evidenced by said times and in the manner therein provided. b. He will pa us • `, ssments, water rates, and other governmental or municipal charges, fines, or impositions, for which provision has not been made hereinbefore, and will promptly deliver the official receipts therefore to the said mortgagee. c. He will pay such expenses and fees as may be incurred in the protection and maintenance of said property, including the fees of any attorney employed by the mortgagee for the collection of any or all of the indebtedness hereby secured, or for foreclosure by mortgagee's sale, or court proceedings, or in any other litigation or proceeding affecting said premises. Attorneys' fees reasonably incurred in any other way shall be paid by the mortgagor. d. For better security of the indebtedness hereby secured, upon the request of the mortgagee, its successors or assigns, he shall execute and deliver a supplemental mortgage or mortgages covering any additions, improvements, or betterments made to the property hereinabove described and all property acquired by it after the date hereof (all in form satisfactory to mortgagee). Furthermore, should Book627 /Page1770 CFN #2007005180 Page 2 of 8 mortgagor fail to cure any default in the payment of a prior or inferior encumbrance on the property described by this instrument, mortgagor hereby agrees to permit mortgagee to cure such default, but mortgagee is not obligated to do so; and such advances shall become part of the indebtedness secured by this instrument, subject to the same terms and conditions. e. The rights created by this conveyance shall remain in full force and effect during any postponement or extension of the time of payment of the indebtedness evidenced by said promissory note or any part thereof secured hereby. f. He will continuously maintain hazard insurance, of such type or types and in such amounts as the mortgagee may from time to time require on the improvements now or hereafter on said property, and will pay promptly when due any premiums therefore. All insurance shall be carried in companies acceptable to mortgagee and the Po w: d renewals thereof shall be held by mortgagee and have ereto loss payable clauses in favor of and in form a• ;; b' • the mortgagee. In event of loss, mortgagor will give imme i n ce in writing to mortgagee, and mortgagee may make proo to i' not made promptly by mortgagor, and each insurance comp d is hereby authorized and directed to make paymentidr ..�c�i� • ss directly to mortgagee instead of to mortgagor and nto • : • i s , and the insurance proceeds, or any part thereof; ma ap ► i • by mortgagee at its option either to the reduction the ' •t • ness hereby secured or to the restoration or repair of t aged or destroyed. In event of foreclosure of this mortgage, or other transfer of title to said property in extinguishment of the indebtedness secured hereby, all right, title, and interest of the mortgagor in and to any insurance policies then in force shall pass to the purchaser or mortgagee or, at the option of the mortgagee, may be surrendered for a refund. g. He will keep all bindings and other improvements on said property in good repair and condition; will permit, commit, or suffer no waste, impairments, deterioration of said property or any part thereof; in the event of failure of the mortgagor to keep the building on said premises and those erected on said premises, or improvements thereon, in good repair, the mortgagee may make such repairs as in its discretion it may deem necessary for the proper preservation there of and the full amount of each and every such payment shall be immediately due and payable and shall be secured by the lien of this mortgage. Book627 /Page1771 CFN #2007005180 Page 3 of 8 h. He will not voluntarily create or permit to be created against the property subject to this mortgage any lien or liens superior to the lien of this mortgage without the written consent of the mortgagee; and further, he will keep and maintain the same free from the claim of all persons supplying labor or materials for construction of any and all buildings or improvements now being erected on said premises. He will not rent or assign any part of the rent of said mortgaged property or demolish, or remove, or substantially alter any building without the written consent of the mortgagee. j. All awards of damages in connection with any condemnation for public use of or injury to any of the property subject to this mortgage are hereby assigned and shall be paid to mortgagee, who may apply the same to payment of the installments last due under said note, and mortgagee is hereby authorized, in the name of the mortgagor, to execute and deliver valid acquittances thereof and to appeal from any such award. ee shall have the right to inspect the mortgaged premiss -a v reasonable time. 2. Default in any of they sevet a or conditions of this instrument or of the note or loan agreement securred i s all terminate the mortgagor's right to possession, use, and ��t ' e property, at the option of the mortgagee or his assigns (it being agrees at ortgagor shall have such right until default). Upon any such default mo ge hall become the owner of all of the rents and profits accruing afte s -w "- 'ty for the indebtedness secured hereby, with the right to enter upon said property for the purpose of collecting such rents and profits. This instrument shall operate as an assignment of any rentals on said property to that extent. 3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when due, or shall fail to perform any covenant or agreement of this instrument or the promissory note secured hereby, the entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry sell said property without appraisement (the mortgagor having waived and assigned to the mortgagee all rights of appraisement): (I) at judicial sale pursuant to the provisions of 28 U.S.C. 2001 (a); or (II) at the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highest and best bid complying with the terms of sale and manner of payment Book627 /Page1772 CFN #2007005180 Page 4 of 8 specified in the published notice of sale, first giving four weeks' notice of the time, terms, and place of such sale, by advertisement not less than once during each of said four weeks in a newspaper published or distributed in the county in which said property is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any person on behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sale shall be held at or on the property to be sold or at the Federal, county, or city courthouse in which the property is located. The mortgagee is hereby authorized to execute for and on behalf of the mortgagor and to deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall contain recitals as to the happening of the default upon which the execution of the power of sale herein granted depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the rtgagee, the agent and attorney in fact of said mortgagor to e such recitals and to execute said conveyance and covenants and agrees that the recitals so made shall be e i c to bar all equity or right of redemption, homestead, d all other exemptions of the mortgagor, all of ereby expressly waived and conveyed to the r (III) `t appropriate action pursuant to state or Federal _state or Federal court or otherwise for the dis itio th property. In the event of a sale as hereinabove provided the mortgagor or any person in possession under the mortgagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted as cumulative to the remedies for collection of said indebtedness provided by law. 4. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied first to pay the costs and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or maintaining said property, and reasonable attorneys; fees; secondly, to pay the indebtedness secured hereby; and thirdly, to pay any surplus or excess to the person or persons legally entitled thereto. 5. In the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hereinabove granted, and the proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by said promissory Book627 /Page1773 CFN #2007005180 Page 5 of 8 note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without regard to appraisement. 6. In the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien, charge, fee, or other expense charged against the property, the mortgagee is hereby authorized at his option to pay the same. Any sums so paid by the mortgagee shall be added to and become a part of the principal amount of the indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all taxes and liens and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage shall be cancelled and surrendered. 7. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 'lam 8. No waiver of time thereafter hereby. ant herein or of the obligation secured hereby shall at any be a waiver of the terms hereof or of the note secured 9. In compliance with American RVs, Inc. this- with applicable Fed 106 of the Rules and Regulations of Great nt is to be construed and enforced in accordance 10. A judicial decree, order �•r ju.!! -en olding any provision or portion of this instrument invalid or uniiur+ :11 not in any way impair or preclude the enforcement of the remaining provisions or portions of this instrument. 11. Any written notice to be issued to the mortgagor pursuant to the provisions of this instrument shall be addressed to the mortgagor at 1002 Southeast 8`h Drive, Okeechobee, Florida 34974 and any written notices to be issued to the mortgagee shall be addressed to the mortgagee at 4300 Highway 441 South, Okeechobee, Florida 34974. IN WITNESS WHEREOF, the mortgagor has executed this instrument and the mortgagee has accepted delivery of the instrument as of the day and year aforesaid. Mortgagor & mortgagee acknowledge that this mortgage and the supporting note shall be recorded in the county records and shall become a lien upon said property. Book627 /Page1774 CFN #2007005180 Page 6 of 8 STATE OF FLORIDA ) )ss COUNTY OF _____ ffil The forgoing instrument was acknowledged before me this 1 V 4 % d a y of ea , 2O h by .TV 10) hi- FiRsibleg. who produced a >tv�s a c as identification. Notary Public, State of Florida at Large y Commission STATE OF FLORIDA ( COUNTY OF 69Cf'g�� The tuegoing instrument was ac (0 day of OGT , 200i SI( m • Wonn'C Who produced a Rr OYU U C64C )ss 1 ,qtr Notary Public State of Florida +P7 6 "14 r'I l R &amen My Cmission � a w � Expires om 0710812010 DD553021 Susan M. Harmer before me on this as identification. Notary Public, State of Florida at Large My Commission Expires: /tr. Notary Piublc State of Florida Michael R Braman a / Mp Cires om miss 07108o2O D1D0 551 Book627 /Page1775 CFN #2007005180 Page 7 of 8 Promissory Note - with Collateral On this date of August 21, 2008, in retum for valuable consideration received, the undersigned borrower [s] Mr. & Mrs. John M. Hanner and Global Outreach Missions, Inc., Hereafter referred to as Buyers, jointly and severally promise to pay to Great American RV's, Inc., hereafter referred to as " Delaer the sum of $17,479.00, Seventeen Thousand Four Hundred Seventy Nine and no/100 Dollars, together with interest thereon at the rate of 0% percent per annum, IF PAID IN FULL ON OR BEFORE NOVEMBER 26, 2006, by 5:00 pm EST. IF NOT PAID IN FULL ON OR BEFORE NOVEMBER 26th, 2006 by 5:00 pm EST, this note shall be declared in default. Terms of Repayment This loan shall be repaid under the following terms: Full and final payment shall be tendered no later than NOVEMBER 26, 2006. If not paid in full by NOVEMBER 26, 2006, immediate procedures to collect, induding repossession of collateral will be instituted. Borrower agrees to give a security interest in the form of a 2nd mortgage on the property located at 1004 SE 8th Avenue, Okeechobee, Florida 34974 as well as a quit claim deed to the 2.5 acre lot located in the area known as the Prairie. The 2.5 acre lot is free and clear of all encumbrances and liens and is given herein in leu of any interest charges on this note. Late Fees: In the event that a payment due under this Note is not made within Twenty Four (24) hours of the time set forth herein, the Dealer shall foreclose on the SE 8th Avenue property as well as reposers the Alfa 5(h Wheel that secures this note. Place of Payment - all payments due under this note shall be made at Great American RV's, Inc., and 4300 Hwy 441, South, Okeechobee, Florida 34974. Prepayment - This Note may be prepaid in whole or in part at any time without premium or penalty. Default — Default shall be deemed to have occurred if any default of terms shall remain uncured for a period of more than 24 hours. In the event of default, the borrower's] agree to pay all costs and expenses incurred by the Dealer including all reasonable attorney fees (including both hourly and contingent attorney fees as permitted by law) for the collection of this Note upon default, and including costs of repossession. reasonable collection charges (including, where consistent with industry practices, a collection charge set as a percentage of the outstanding balance of this Note) should collection be referred to a collection agency. Since this collateral has a title, Borrower agrees to sign off on, and surrender said title and/or deed to Dealer upon demand, and without the need of further proceeding. Acceleration of Debt - In the event that the borrower[s] fail to make any payment due under the terms of this Note, or breach any condition relating to any security, security ag : - •t, note, mortgage or lien granted as collateral security for this Note, seeks relief under the Bankruptcy Code, or suffers an involun . •eti in bankruptcy or receivership not vacated within thirty (30) days, the entire balance of this Note and thereon shall be immedia due payable to the holder of this Note. Collateral - It is agreed that this Note sha • : a - • eed and secured by the following collateral. This collateral is given as an inducement for Great American RV's, Inc. to ext d .: tip. edit. Quit Claim Deed to th Lien on the Duplex & rea One 1997 Alfa Gold 5th Should this debt be declared in default, Lender m for further proceedings and such shall not be consider Modification - No modification or waiver of any of t both parties. No waiver of any breach or default hereu similar nature. ocated in the Prairie (as payment in leu of interest ) ted 1004 SE 8th Drive, Okeechobee, Florida 34974 ck # UT505919 — Vin # 1AU223030VA005919 roperty and reposes the above described collateral without the need spass. reement shall be allowed unless by written agreement signed by e deemed a waiver of any subsequent breach or default of the same or Severability of Provisions - In the event that any portion of this Note is deemed unenforceable, all other provisions of this Note shall remain in full force and effect. Choice of Law - All terms and conditions of this Note shall be interpreted under the laws of the State of Florida. Signed Under Penalty of Perjury, this 21st day of August, 2006, Bo - r — Global Outreach Missions Mr Hanner, 10r E 8t" Drive, Okeechobee, Florida 34974 MORTGAGE Borrower — Personal Guarantee Mr. John Hanner — Mrs. Suan M. Hanner, as individual guarantors 1004 SE 8th Drive, Okeechobee, Florida 34974 The above jointly and serverally agree to pay any amounts due on this contract should Global Outreach default. If the contract amount is not fully paid within that timeframe, then repossessions shall be instituted. Book627 /Page1776 CFN #2007005180 Page 8 of 8