Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: SUSAN KAY LEWIS
Judges: MARY CLARK
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Feb. 07, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 14, 2000.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE COMMISSION
oA
FLORIDA DEPARTMENT OF BUSINESS Bo Bo
AND PROFESSIONAL REGULATION, Be. fa
DIVISION OF REAL ESTATE, eh ZZ
BAe Th mA
te Sm - ‘
Petitioner, aN oa 3
ou ~% re)
vs. FDBPR Case N° 98-83694
SUSAN KAY LEWIS. 0 D- G ZY
Respondent.
ADMINISTRATIVE COMPLAINT
State of Florida, Department of Business and Professional Regulation, Division of Real
Estate (hereinafter Petitioner”) files this Administrative Complaint against Susan Kay Lewis
(hereinafter "Respondent") and alleges:
ESSENTIAL ALLEGATIONS OF MATERIAL FACT
1. Petitioner is a state government licensing and reguiatory agency charged with the
responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State
of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules
promulgated pursuant thereto.
2. Respondent is and was at all times material hereto a licensed Florida real estate broker,
issued license number 0536575 in accordance with Chapter 475. Fla. Stat.
3. The Department issued Respondent a license as a broker %Lewis Realty, Inc.. 420
Kingsley Avenue, Orange Park, Florida 32073.
FDBPR vs Susan Kay Lewis FDBPR Tase N° 98-82694
Administrative Complaint
4. On or about August 8, 1997. Respondent drafted and executed a contract form titled
Deposit Receipt and Purchase and Sale Agreement, for the purpose of purchasing certain real
property (Property) from a certain seller. Pamela Miller (Seller). Copy of the contract form is
attached hereto, incorporated herein. and made a part hereof by reference as Administrative
Complaint Exhibit 1.
5. At all times material herein. the Property was and is encumbered by a certain
Veteran’s Administration Guaranteed First Mortgage (VA Mortgage), payable to Nations Bank,
the holder of a certain note and mortgage of which Seller is the maker. C opy of that certain
master mortgage, short form of mortgage, and note are attached hereto, incorporated herein, and
made a part hereof by reference as Administrative Complaint Composite Exhibit 2.
6. The VA mortgage clearly states, in print larger than the text: “THIS LOAN IS NOT
ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS
AFFAIRS OR ITS AUTHORIED AGENTS, SUCCESSORS OR ASSIGNS.”
7. A rider to the VA Mortgage further states, in pertinent part:
This loan may be declared immediately due and payable upon
Transfer of the property securing such loan to any transferee, unless the
acceptability of the assumption of the loan is established either
pursuant to the provisions of Section 3714 or Chapter 37, Title 38,
United States Code, or by the loan holder if the loan has been sold
Without recourse.
8. On or about August 9, 1997, with actual and constructive notice that the VA Mortgage
FDBPR vs Susan Kay Lewis FDBPR Case N° 25-82694
Administrative Complaint
was not freely assumable and with the intent to induce Seller to Transfer title to the Property,
Respondent, drafted and executed a certain Wrap-Around Mortgage and Note in the amount of
the balance Seller owed on the VA Mortgage. Copy of the Mortgage and Note are attached
hereto, incorporated herein, and made a part hereof by reference as Administrative C omplaint
Exhibit 3.
9. At all times materiai herein, Respondent made no attempt to assume the VA mortgage.
10. On or about August 8, 1997, Respondent drafted, Seller executed, and Respondent
subsequently recorded a Warranty Deed bearing the legal description of Property, wherein Seller
granted title in Property to Respondent. Copy of the Warranty Deed is attached hereto.
incorporated herein, and made a part hereof by reference as Administrative Complaint Exhibit 4.
11, At all times material herein, Respondent failed to advise Nations Bank that she was
seized of title to the Property and that she was the maker of a Wrap-Around Mortgage that
included the VA Mortgage held by Nations Bank.
12. On or about August 9, 1997, with actual and constructive notice that the VA
Mortgage was not freely assumable and with the intent to defraud and/or mislead Nations Bank,
Respondent drafted and executed but did not record that certain Wrap-Around Mortgage and
Note in favor of Seller in the amount of the balance Seller owed on the VA Mortgage.
13. On or about August 9. 1997, with actual and constructive notice that the VA
Mortgage was not freely assumable and with the intent to defraud and/or mislead Nations Bank,
iw
FDBPR vs Susan Kay Lewis FDBPR Case N° 33-82694
Administrative Complaint
Respondent, acting as if she was the Seller. made arrangements for Nations Bank to
automatically draw the mortgage payments from her real estate company’s, Lewis Realty, Inc.,
operating account to conceal the change in ownership of the property knowing that such
knowledge would trigger acceleration of the VA loan by Bank.
14. It is well-established policy in the insurance industry that insurers notify lien holders
when an insured makes a material change to a policy. On or about February of 1998. with actual
and constructive notice that the VA Mortgage was not freely assumable and with the intent to
defraud and/or mislead Nations Bank, Respondent. misrepresented to Nationwide Insurance that
Respondent and Seller owned the Property as a Partnership, in an effort to obfuscate that
Respondent was seized of title to the Property and avoid the event likely to trigger acceleration of
the VA loan.
COUNT I
Based upon the foregoing. Respondent is guilty of fraud. misrepresentation, concealment, false
promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach
of trust in any business transaction in violation of § 475.25(1)(b), Fla. Stat. (1998).
COUNT II
Based upon the foregoing, Respondent is guilty of improperly filing or causing to be filed a
document or documents in the public records. for an improper. malicious, or unlawful purpose in
violation of § 475.42(1)(j), Fla. Stat. and, therefore, in violation of § 475.25(1)(a), Fla. Stat.
FDBPR vs Susan Kay Lewis FDBPR Case N° 98-82694
Administrative Complaint
WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or
the Department of Business and Professional Regulation, as may be appropriate, to issue a Final
Order as final agency action finding the Respondent(s) guilty as charged. The penalties which
may be imposed for violation(s) of Chapter 475. Fla. Stat. depending upon the severity of the
offense(s), include: revocation of the license or registration or permit; suspension of the license,
registration or permit for a period not to exceed ten (10) years. imposition of an administrative
fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a
reprimand; imposition of probation subject to terms including, but not limited to, requiring the
licensee, registrant or permitee to complete and pass additional real estate education courses;
publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat.
and Rule 61J2-24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s)
of Chapter 455. Fla. Stat., depending upon the severity of the offense(s), include: revocation of
the license, registration, or permit; suspension of the license, registration, or permit for a period
not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count
or offense; imposition of investigative costs; issuance of a reprimand: imposition of probation
subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to
complete and pass additional real estate education courses: publication; restriction of practice;
injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the
foregoing which may apply. See § 455.227. Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code.
Ul
FDBPR vs Susan Kay Lewis FDBPR Case N° 98-82694
Administrative Complaint
SIGNED this ye: day ot Dacemb Or , 1999.
Professional Regulation
By: Herbert S. Fecker. Jr.
Director, Division of Real Estate
ATTORNEY FOR PETITIONER
FI c Nancy P. Campiglia
Totten ILED Florida Bar N° 0164259
he Peet, Senior Attorney
ey Baer Department of Business and
“4. Hoy , oe Professional Regulation.
re ae Legal Section - Suite N 308
ce Lele lo To Hurston Bldg. North Tower
“ ma 400 West Robinson Street
Orlando, Florida 32801-1772
(407) 481-5632
(407) 317-7260 FAX
NPC/k
PCP: MPS-LJ 12/99
NOTICE TO RESPONDENTS
PLEASE BE ADVISED that mediation under § 120.573. Fla. Stat. is not
5
FDBPR vs Susan Kay Lewis FDBPR Case N? 383-32694
Administrative Complain:
available for administrative disputes involving this type of agency action.
PLEASE BE FURTHER ADVISED that pursuant to this Administrative
Complaint you may request, within the time proscribed, a hearing to be conducted in this
matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right,
at your option and expense. to be represented by counsel or other qualified representative
in this matter; and that you have the right, at your option and expense. to take testimony,
to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum
issued on your behalf if a formal hearing is requested.
PLEASE BE FURTHER ADVISED that if you do not file an Election of
Rights form or some other responsive pleading with the Petitioner within twenty-one (21)
davs of receipt of this Administrative Complaint, the Petitioner will file with the Florida
Real Estate Commission a motion requesting an informal hearing and entry of an
appropriate Final Order which may result in the suspension or revocation of your real
estate license or registration. Please see the enclosed Explanation of Rights and Election of
Rights form.
~ (H) TOTAL PURCHASE PRICE .
WL) U
PARTIES
which terms may be OF Dlural and wul include the haus, successors, Dereonal represeniatives and assigns or SELLEA ana BUYER, hereby agree inet SELLER wit
BUYER wilt buy the tellawing property. uon ine following terms ang conailons i completed of marked. In any conic; et terms oF conaitions, that which is added will su
County, Florida ana is serenoes s* follows tt tenginy, attach tegal desenption):
ap;
|XuSUNG ZONING (UNieEs specIiEd O.
tt ig understood that roperty will be conveyes by GENERAL WARRAI
in paragraph 17), covenants, resinctions. ana easements of record.
1. TOTAL PURCHASE PRICE 10 be pad by BUYER is ayanle as follows:
INTY DEED (voles ounerwise required) subject to current taxes.
oc
{A) Binder cepoas, which wil remain 8 cinder unui! closing, uniess sooner lorteiled oF retumned. accoraing to ine orovisons of Inis Agreement sf °F
(B) Additions! binder deposit due wnnin __ ays after cate of acceptance of this Agreement
(©) Balance ous at closing (not inciuaing BUYER'S closing costs, prepaid items or prorauions) in U.S. casn or LOCALLY ORAWN cerutiea
Fennec tence + approx,
sxactty se
________.
(E) Purchase monay mongage ana note to SELLER on arms set forth in paragraph s—Gal61
(F) Other financing [es
(@) Existing morgage Dalance encumoenng ine Propeny to ce assumea by BUYER ss (approxmatery) §
Mongegee cane
— int. Ra
\erwise comoiiel
approx____ exacny,
2. FINANCING: If BUYER doss not obtain the required tinancing Out Ln 1. ine Binder cenesit 1938 Beles ana joan processing cosis
will be retumed to BUYER.
{A) [| APPLICATION: The appiicavon tor tne mongage cescrioed in 9: ragraph 10 will be mace win a
with the 1erms nereo:
longer seiectea ov: | SELLER or | | BUYER. Unless sucn m
l08n if approved without contingencies other than tnose eisewnere covered in inis Agreement wiinin
oF BUYER will have the ght to terminate ins Agreement. and BUYER will return 10 SELLEA all ine ule evoence 4NG surveys recered trom SELLER. BUYER wi.
Ap pueALON Jot financing within ays of the date of acceptance of this Agreement and tumely furnish any ang all crecnt, ‘empioyment, hnancial and other intor
required bY the lender, In the evant ine onginal oan apoucation 1s denied, BUYER, Il requesied by SELLER, wil ceappry wirin
insutudenal lender selected by SELLER.
1 11 PHA: I is exprassty agreed tnat, notwnnsianaing any oiner provisions of this Agreement. ine BUYER shatt not ov ‘ODugAIEd 10 CompietS Ihe purchase of Ine P
Gescnbed herein or to incur any penaity by forfeiture of it Money Geposit of otherwise uniess the mongages nas Geuvered to the BUYER a watien siaiemen
by the Fecera Housing Commissioner oF 8 cirect endorsement lender setting ‘orn Ine appraised value of ine Progeny {exchsding ciosing cosis) of not les
a8 Of Ihe Gate of acceptance of this Agreement. <
days of such request
anar
penalty by forfedure of eamest money or oun
of the Proparty described herein, if the Agreement purchase pnice or cost exCee0s IN@ reasonanie value of the Property estar
priviege 4N@ Option of proceeaing wan ine consummauon of the Agreement winout regaro
Tvanaoie} | fixed rate (| GPM. #f mongage apor.
Gays make required application ang imely provice qualtying informanon as fequired by lander. BU
cotiganon to close 18 conuNgent on lender's approval of the assumpvon within ‘cays of the cals of accepiance of tnis Agreement.
(Uren: ‘The Dalance dus to SELLER will be evidenced by a negotiable promissory note of BUYER. secured by « veud purcnase money LLB menace :
Proper and celvered by BUYER to SELLER dated tne gate of closing, bearing annual nerest of 2] 2.5% ana oayanve 5 Y2PT Door montn to QX
1) months, Pruiiege of oreoaymenrt[) does aoiy | | does not apply. The morgage will be {| cue on sa S>Lrot ave on sate of Property. Thus Agrer
‘# not aasignaoie without ine consent of SELLER. Within ___zaya after gale of acceptance of this Agreement. SUYER wil turnsh ait ered, employment ang hn
informauon reasonaply required by SELLER. SELLER will winin
SELLER wil maxe tne mongage joan
3. BUYER WILL PAY: a
(A} CLOSING COSTS: | ‘| Recoraing tees} | Hole stamps | | niangiole tax! | Credit feponis] | | Mongage lanster ano assumotion charges ( | VA funding fees |
9809 Ongination fee{ | Mortgage insurance premum ( | Mongage discount nol 10 exceed
Cestroying organism report | | Appraise tee | | Survey! | Tax senice( | Home
policy [ | Tite insurance endorsements {| Cther
(8) Alt otmer charges required by lencer, uniess Prohibited by law of reguiauen, in wnien event nay will
{(C) PREPAIDS: Prepaid nazar
4. SELLER WILL PAY:
(A) CLOSING COSTS: | } Deed Stamos {
Count Act 10 exceed {| Satiataction of morgage and recording tee (| Repaire or repiacements
$——_______} | Forvasae Only, woOO-estroying or,
warranty {| Other
{8) All other charges required by lenoer wnicn BUYER le’proniaied trom paying oy law or(y
(C) All mongage paymenus and concominium and association fees will be current at SELLER’
(0) SELLER will dellver roo! satistactory to BUYER that BUYER will not be obligated to with
Act OR shail pronde funds at closing lo enane BUYER to meet tne tax odligation,
NON-DEFAULT PAYMENT OF EXPENSES: If SUYER fails '0 partorm, ait loan and sale processing ena ciosing cosis incurred, wneiner ine same were to be paid by SEL
oF BUYER, will be the responaioulity of BUYER, wilh couts Geducied from the binoer deposit, This will include Dut not be limited to ine transacon not Gasing because SEL
elects not to maxe tne morgage to BUYER 48 provided in Paragrapn 2 (C) of this Agreement or because BUYER does not aotae in@ required financing as provided in this AC
ment. of BUYER Invoxes his night unger any oiner contingency acced by BUYER,
"SELLER taile to Dectorm, all oan, saiee processing and ciosing coats incurred, wheiner the same were
nd BUYER will be enitied 10 the return of tne binder Geposil. This will inciuce,
BUYER is required for loan assumotion. BUYER will within
after receiot of ne intormanon. ceuve
wnmten Gecision to BUYER as to wneiner
oo ——-———_ aNlorney's tee {|
A
Tile ings,
by SELLER.
‘9 Insurance, laces. interest anc mongage insurance premiums, required by the lenge’.
site insurance policy ( )
attorneys ie (| Seal estate brokerage tee {| Mongag
sf aadivOn 10 tnOse in paragraph 9, not lo ox
pon tMOprasaL mm Surveyvy | Tax sence! | Title surance encorsements | | -
'§ expense at tne ume of closing.
Inold any Of the purchase price uncer ine Foreign investment in Aeal Property
to be wa oy SELLER or BUYER will be tne responsiuity of SELL
DUI not be limited to Ine transaction not closing Decause SELLER is unapie to compies
Wansacnon fer & quaufied SUYER. or because ine Property Goes nol appraise for an amount sufficient to enabie tne iencer 10 Phaxe ine required.loan. or because SELLER &
Dot to Pay for ine exceas amount in caragranns 9. 11. 4 (wilh respect to repairs), o” because {ne Zoning I8 not 48 requitea in Daragragn 17. of because SELLER cannot oe»
‘5 Marketable Wwe.
8 PRORATIONS: Al! txxea, rentals, congorminium oF assoation tees, orepaxd MAZAIO Insurance premiums il assumed), moni mongage insurance premiums ana interes:
ABBUMA MONGALES Wil De CrO-~rsIed INroUGN day belore GORING. 1! part Of DUCNESE OFiCE Is 10 be eviGenced by
Y IN@ ASSUMDLION OI B MORGAGS requinng Gepoed of hunds in esc.
for payment of axes. insurance or oiner charges, BUYER agrees (0 reimburse SELLEA lor tne esciowed luncs assigned (0 BUYER at casing.
7 TITLE EVIOENCE: Within yt | | aM er dale of acceptance | | ater date of satisfaction of aii conaions in paragrapn 20. SELLEA will deliver to BUYER or con.
anomey: {| Tite insurance commitment tor an owners Doney in ine amount of the purchase price |
| Tile insurance commitment tor morgage policy in Ue amount of
ew MONGAGS. Any expense of curing tile Celects inciuaing, Cu not limited to legal tees. aiscnarge of liens ang recoraing tees wi 0 oad DY SELLER
smiprs_S PaGee DS
U . YU
4. SURVEY: Wrnin cave | ater cats of acceptance | j ser dale of sausiacuen of all conditions in paragraph 20. SELLER will ceiver 10 BUYER of cloaing efor.
{LA new staked survey caled wethin 3 monine of closing showing ail imorovementa now existing INereon and ceritied [0 buyer. lender. ang tne ttle insurer.{ | A copy © i
Dremously Made survey 01 Ine Property snowng all improvemenis now existing tnereon. |] No survey 18 required.
3 WOOO-DESTROYING ORGANISM REPORT: “Wood-aestroning organiam ” means annropod oF plan! life whch may Gamage @ stiucture. BUYER at BUYER’: expense tune
YA). may have ine Property inspected by # Fionda Ceriiiied Pest Gonvrol Firm 10 cetermine whether inere 16 any visible aCe wood-destroning orgeniem infestRuon or nan |
suming Structural Gamage trom wood-destroying organieme to ine imorovernents. it BUYER Is informed of either or ootn of the. foregoing, BUYER wilt nonty SELLER waren tr
{8) Gays by furrestung & Copy of Firm's ween report. SELLER wil have seven (7) days from receipt of Firm's report wiltun wuch 10 have ail BUEN wood-destrayiNg orpaniemn Gameg:
wnetner visrOle OF ROL. Wepecied snd esumaied DY & licensed DUNOING OF General contractor. SELLEA will pay Costs Of (reatment and repaw of al structural Gamage up 10 ¢
Dercent (1%) of Ihe purchase orice It auch costs exceed ihe amouni agreed (0 be Cad Dy SELLER and SELLER cecunes to treat and repaw, BUYER will have the opwon
(a) termenaung tne Agreement, of (0) procescing win the Iransaction, in which event SELLER will bear costs equal to one percent (1%) of tne purchase price. i
10. TITLE EXAMINATION ANO TIME FOR CLOSING: [A) II tite evicence and survey. a8 specitied above, show SELLER Is vested with a mameteble tite, the tranascton wil
cigsed and the deed and other ciosing papers celvered on or before { J] Gays afer date of acceplance| | days after cate
Sangtacton of ail conditions in paragraph 20. uniess extended by Otner congitions of the Agreement. Marketabie tite means title wnich a Florida tite Inauror wd Ineure 88 marketat i
al ts roquiar fates and suD}eCt Only lo matters to Oe cured al closing amd the UsUS! exceDlIONS SUCN Bs Survey, current faxes, Zoning Ordinances, covenants, resinctone &
easements of record. , .
£6) It tine wndence oF survey reveal Eny detects which render tne title unmerketatve, BUYER will have 7 days trom receipt of tits commnment and survey to nowly SELLER
SUCh Ile elects and SELLER agrees to use reasonadie diligence to cure sucn cefects at SELLER'S expense ana wilt heve 30 GAYS to Go 80. in which event thie ransach
sn De Closed within Len Gays afer delivery 10 BUYER of evidence inat such Getects have Oeen cured. SELLER agrees to pay for and discharge ail Ouse oF Gelinquent taxes. he
ind other encumbrances. uniess olnerwise agreed. it SELLER 1s unable to convey 10 BUYER « marketable thie, BUYER will have the right to lermmnate this Agreement. att
34me time returrung to SELLER all title evicence and surveys recerved irom SELLER, of BUYER will have ine night to accept such title as SELLER may be adie to convey. a
10 Close Ima transaction upon ine terms stated herein, which etecton will be exercised within 10 days (rom notice of SELLER's inability to cure,
“+ LOSS OR DAMAGE: It he Property 18 camaged by fie or otner Casuaity prior to closing, and Cost Of restoration dows not exceed 3% of ine assessed valuation of the improvemer
ocated on the Property. cost of restoration wi be an oniigation of SELLER and closing wul proceed pursusni 10 Ie terms of inis Agreement with cost theretore eacrowed
croming. in the event the cost of repair of resioraion exceeds 3% of Ine assessed vaiuauon of the improvements and SELLER dectines to repaw or restore, BUYER wilt ne
ine optON Of ether taking ine Property as 1s, iogetner win either ine said 34 OF any insurance proceeds payable by vinue a! such loss or damage. oF of canceling this Agreemer
2 PROPERTY CONDITION SELLER agrees to ceiver the Property ints PRESENT AS IS CONDITION except as cthenmse Specilied here, SELLER does neredy certity and reo.
veew thar SELLER nas egal suinority and cacacity 10 convey ine Property win all unprovements. SELLER further cenities and reoresenis that SELLER knows of no tatent cetex
£0 tne Property and xnows of no lacy matenaiy affecting the vaius of he Property exces ine following:
& BUYER hes inspected the Propery and MAS NOT RELIED UPON ANY REPRESENTATIONS MAOE BY ANY REAL ESTATE AGENT in Gescnbing the Property, and GUYE
sceeots tne Property in iis PRESENT AS IS CONDITION, exceol as oinerwse specitied herein.
3 i | OGEUPANCY: SELLER represems inai inere are no panies in occupancy oiner man SELLER. BUYER wu! De given occuoancy at closing unless othermse specs
coated Ine ProDerTy. ‘eal ANG Personal. In 11a existing GondITION as Of lime Of LaKing COCUDANCY Unies othermse agreedin wren
1 BUYER uncerstanas inat Propeny 1s avanaoie tor rent of rented anc ine tenant Mey continue in possession following closing uniess otnerwnse. 89Feed In wring. AE Gepos
wn Be Wransterred to BUYER at closing.
4 PERSONAL PROPERTY: Inciided in the ourcrase once are al fired eauioment Ickucing sitomatc Garage oor opener & controle, orapery haraware, attached lighting faturve, ma.
Dox, ____ ceiling fans, fence, plants end shrvocery a2 now installed on ine Procerty, and these aaditional Kems:
eee
Nema speciically exctuded from the Agreement:
5 OBFAULT: N BUYER defauts uncer thie Agreement, afl Gepostie) paid or agreed to be pad mil be retained by SELLEA as liquidated damages for dietributien pursuant 1 proven
of the heung agreement and in full settiement of af claims. It SELLER detauils uncer this Agreement, the BUYER may cemand the retum of depoed(s) and demand artareton +
Drowded in peregraph 16 below. : :
IMDING ARBITRATION: Al controversies and ciame between he BUYER, SELLER. o real estate agent, directly or indirectly, arising out of oF relating lo thie Agreement or i
Vansaction, inctuding DU not imited to interoiesder of Geposits, wil be seited by binding ertrirstian in the county where ine Property is iocaled In scoordance wih the Commercu:
Aronration Fuses of the American Aspiration Associaton CAAA") oF other a/DATMOre whe are mutusily agreeable fo the parves. Discovery wil be govemed by the Flodda Fuses ¢
‘Cond Procedure, and the aflomeye of record for Ine partes will be appointed umpires tor the imnited purpose of lesuing subpoenas lor discovery and for the arbitration heanng up:
‘fing of 4 notes of appeerance wih Ihe arbiietors. A copy of each suopoens will be Med with the arbitratérs, and al Gleputee reiaung lo subpoenas oF other discovery requests we
be rescived by the arbitralors. in an action for specitic pertormance, any party may file @ nove of arbitration in the puolic records, The arbitrators will sward whomever prevais ree
sonable eflomey’s fees and costs, defined 10 incivoe ees paid to arbiiralors and expert wanesses. BUYER and SELLER agree inal no real estale agent wl be kable lor musceiey
Ary f any Geposn(a) OF Mem unless such misdervery Ia due lo the wultul breech of this Agreement or grosa negligence. Notwiinstanding the foregoing, the real estate egent me
request he mauance of an Eacrow Disbursement Order from ihe Florida Reel Esiste Commession, and in euch event, the BUYER and SELLER soree to be bound thereay. Th:
Agreement to arbitrate wil be specioaly eniorceanie uncer the prevaung arbitreoon law. end judgement upon the order rendered by the artririons may be entered by any cou:
nawig junediction nersol.
, ZONING and RESTRICTIONS: Unies ine Property ia toned and can be legally used for OF here te nouce of proposed Zone
. Oeed OF other reeincions that coud prevent such vee al ine lime of cicaing, BUYER will have the right to lermunate the Agreement. GUYER will have 10 daye trom aa
> seceptance to vertty the existing Zoning and curren proposed changes, and Geitver writen nouce of objections lo SELLER or be deemed Io have warred adjecuons,
8 ACCEPTANCE: IF THIS OFFER IS NOT SIGNED BY ANC DELIVERED TO ALL PARTIES OR FACT OF ACCEPTANCE COMMUNICATED IN WRITING BETWEEN THE PARTIE
ON OR BEFORE 01, JAM ( |?M Date offer wil terminate.
en MALT AD (corp —
2. applicable, and these ecditonal conctions lettered in paregrapn 1:
* There are 90 oiler agreements. promises oF undersiancings between (nese parties exceDt £3 specilicaity Bet forth herein. No alterations of changes wil be mage to Ihe Agreemen
SACOOT IN writing BNO signed OF initialed by Ine Daries herein. This legal and binding agreement will be Consirued uncer Flonda Law, will not be recoraed end not UndersICoC
t legal aavice, SELLER and BUYER sve Hale Bent autnONzZation 10 advise BUrTOUNaING Neighbors wo will 08 Ihe New Owner of this property
Sle.
ELLER SOC. SEC. # OaTE
a
acknowledges
TATE,
Ment 10 evidence He consent to be bednc ty ine provuldns ot 0:
Jeasn( | crecx,
WAN au BagMiONAl DICE: Deoosts escrowed ty lerms of hm Agreement.”
fot : i :
Comoany + : /
SAOKER'S/FEE; SELLGR agrees to pay ustingioroner named sew INGVS:Ng COORBFELING DYPKeT Named below, according to inp terms of an existing ial
|. namety. || _% of goes purcnase pies o $1 i caboeranng come la:
Of conls assessed against the Hepoen. (but not exceeding the Droter's fee above provided) wil be
reuuding costs expended by brogere, and thei balance mibe pai to SEL EA/ If the transacean does not cioes due to SELLERS eat é« laure to pertorm, SELLER wit bey te
"A Ted to Drower on delnand. in any HtiQBtION Eneng Out of the Agreemani conoeming the rowers’ lee, the prevesing party wil yf reasonacie ANomMey feewand costs, \
i : E : ~~ \ :
2 en Name of Lstng Seok) / Firm Name ot Coooeraung Broker Sewer
Bvt a! oy. $$$
Zed LISTING Agent Ayinonied Cooperaiing Agent Setier
SniBIte 5 pacer 2 _
U U
OF Zt 37-=7-2031502 FLORIDA
SHORT FIRM OF MORTOAGE
Mortgage, dated tne lith day cf Novemper Lz
, BY and Setween fs!
PAMELA MILLER, 3 SINGLE “OMAN P.M,
ak permanent post fie reas at: 228
43122 SAUNDERS DRIVE ne
MIDDLEBURG, FL. 32068 ourt
nereinafter called the Mortgagor. and the Secretary of vi Fu
Veterana Affairs, an Officer of the United States of America, 09
ad
nis successors and aseigns, hereinafter called the Mortgagee.
Witnesseth, that for valuable considerations, the said
Mortgager does hereby grant, bargain, sell and convey unto
che said Mortgagee and his assigns, all that certain parcel
o£ land cf which the said Mortgagcr: ia now seized and
possessed and in actual cosaesgicn. situated in the County of
samy CLAY and State of Florida, described aa follows:
LOT 7, SLACK CREEK SHORES, UNIT 2, ACCORDING 19
IN PLAT BOOK 2, PAGES $9 AND 60, OF TSE PUBLIC
PLAT THEREOF, AS RECORDED
CORDS OF CLAY COUNTY, FLORIDA.
“
Tibi ie ee te be - tosses
Ate
eames
n
i
we MO,
Together with all structures ani improvements now and hereafter cn said land and the
rents, issues and profits of the above described preperty (provided, nowever, that the
Mortgagor shall be entitled to collect and retain the said rents, issues and profits until
default hereunder); and all fixtures now or hereafter attached to or used in connection
with the premises herein described and in adition thereto the following described
household appliances, which are and shall be deemed to be, fixtures and a part of the
cealty, and are a porticn of the security for tne indebtedness herein mentioned.
TO HAVE AND TO HOLD
Pane teany. oad are w portion of the
snty for the inaebtedness herein mentioned
SG. ang the ren
ineses, cad.
Uthe Mortgage: snuil be entitled
to coliect wad
tet uttuched to
TO HAVE AND TO HOLD the same,
aad to the same, and every pact and parce: :
wAG every pu
Eel, Wa the oteurtenances at +
creo, unto the suid Monty
He swig Slunyoger ia
eRee In tee single,
‘The Mongagor hereby covenants with the Mortyegee
estate, if any, as is stated herein, and that said
athe as sereed ot seid dead in fee sex
Mortgagor dues nereis
plow: such ather
Suey @erruat the utie ty cna na
every part thereof, and will defend the sume against the lawlul claims of ail persons. whumsuever
PROVIDED ALWAYS, that if the Mortgagor should vay to the 3 CM PaREE Me Contain promisscny cele al
even date herewtth, made by the Mortgagor and Payable tu the orcer ot thes et we The Grimened sui ut
Dellacs, puyaie i: monthly installmenta ts wrineipad wid
interest of $ staming on the day ul ah wad it not
Sooner paid the final payment being due on the day of i
extensions of renewals thereof and shull {
owing hereunger and secured hereby,
other covenant and provision herein on
presents shall be void and released a
ully pay all other indebiedness Gr srabulity that
and saul (auhtully und promptly <
the punt of the Mottgagor to be comuied wien oad pethensed
tine expense of the Mortyugur, uinerwine fy
PUN ey ed
wWoaAGIR
T pentua:
Pox and every
Une Ne
serena un Gaal eee
Beira
The Mortgagor furthe: covenants @S [oliows
1, That he wil Puy the indebledness, us Sereinbelure provided,
PIS SOE CU Hr ret peu tonne
<1nout premium or fee, the entire indebtedness ur HRV pact thereul autiess ona Hegel ae re ent oe
sae hundred dollars ($100.00), whichever is fess. Any prepayment nace weer tne
an cintaliment cue date
ell pot be credited until the next tollowing anstailm
ent due dute.
2. In order more tull
Y¥ (© protect the secunty uf this
ro, the
Werldugee. together actin
monthiy payments under the terms of the note secured hereby, on the cistuiinene
soul the said note is fully paid, wilt Pay to the Mortgagee vs trustee tunu.
stated) the following sums:
dot audetion,
shaw hate PINTS
Pine tera ui thin tiust oy eee bet
(a) A sum equai tothe Round rents,
Payeble on policies of fire
assessments next due on
Mortgugor is notified) les
tetore one month Prior ta
become celinquent,
Uowaw, meat due,
Wun The pueaisies tnat
end Cihet hazind insure cosenig ie a Se aeU plupeny yp cin
the Turgmged prpeny (ail os eatimeteu by the Morty,
wil sums slreway batd theretur diviged Ly
the sate uw
SU RE ben ie
aun
are)
WOR oe wheal tha
he number at
Ren Suc wround tents --emiums,
Such sums to be heid by Mortwagee re
'AX@S. and Special 4SSessmernin
MUNIN tu elapse
TORO. td anne
SRLETEN watt
St fe guy Sed geoung res
ES, temas
>) The aggregwie cf the UMOUNLS pavan
cerepy, srati be paid ina sin
Stated
i pursuant te Subperoxrapn
Wane pay
Been ihe nese Secured
WIE Davment
ERE TOE TOTOWA CLOTS Hine caned
S) ground rests, taxes
SOS ESAMOENES. Ge cine
1) interest on the note se
ureg herepy. wag
SED) amorusation of the FRAC OM Ob Siu Aue
wets
sev gelicren
Mytne amount ot
TREE RULE Montag
Ol the next sucn go
yas
Beytent cost:
Morte@gur ani vey ow Late
wee ae DN Gastiy age Cee:
emerge ‘
ay . vatoynen
pose
&
‘
a
;
paid more thea fifteen (1S) \ ther the aue date thereat to covet the exe ESO Gusweed an =
quent payments, but such ‘late charge shail not be Puyadle ont ot the procergs wi ony
iadebledneas secured hereby, uniesa suca
Proceeds are wulficient
Proper costa and expenses accured hereby.
to discnarge ine enue iar
3. Lf the total of the payments made by the Mongegor under (a) of Paragraph 2 greceain
amount of.payments actuaily cade uy the Mortgages,
insurance premiums, as the case mey be,
the Mortgagor for such items
such goathly payments shall
14
as trustee (or ground rents ws and ose
+ Buch exceam chall be credited On Subsequent ©
or, at Mortgagee’s option, as trustee shail Le retual
oot be suificient to pay such items when the same
thea the Mortgagor shall Pay to the Morigecee os trustee any amount necessary
payment shall be made withia thirty (20) days after writtea nouce from the Mon
deficiency, which notice may be given by mail.
ded tu Mutigages By deer,
shall becume Geo ons pupae,
to make up the deficiency. Such
Ragee Steling the amount of the
If at any time the Mortcegor shall tender to the Morgegee in
note secured hereby, (ull peyment of the entire indebtedness represented
il, in computing the amount of Such indebtedness, credit to the account of
Provisions of (a) of said paragraph 2. If there shell tea
reaulting in & public saie of the premises Covered hereby, or
delault, the Mortgagee as trustee shell appiy.
the property 18 otherwise acquired, the
Preceding as a credit on ihe interest ave
said note.
at the tine of
amount then remain
wen and
4. He will pay wil taxes, asses ments, walter tales,
impositions, for which provision has not been made herein
Same, and that he wiil promptly
and other govemmental ur MUNI eae 6
before, and in default wereul
detiver the official receipts therelorto the
fiten or
he Mortgages
Mortgagee.
S. He wall peemtt, commit, ot sulier <9 waste RENt, of Cetenoration 2{ Said propery ur 7
except reasonable wear eng tear, aad in event of the failure of the Mortgsgor to seep the boas
premises and those to be erected on sara premises, or
ke such repeirs as in its discretion tm
amount of each and every euch sayment
secured by the lien of this mortgage.
+ Umpal
ital
ded
the Mortgegee may
improvements thereon, in good repair
ay deem necessary fcr the Propet preservauon terest. and the tull
snall te due and Payapie thirty (30) days alter tomar.
=1@ shail be
6 He wit pay all and Singular the costs. charges, sad expenses.
custs of abstracts of ttle, incurred or paid ut any time hy the Mor gagee because =f the
Mortgagur promptly ind fully tu periomm «Kleements and covenants of said proz
und said custs, charges, und expenses shall be immediately due and payable and sh.
this mortgage.
Including sees leeyera:
ere yw
7, Me wil cuntenucusly maintain haz a(S insurance, vl sucn
ime to tine require, on the improvements aow ur heteslter wes
Premiums hus theretulun teen mule vader tay el parugrapa 2 Rersul, he anil
therefor. All insusunce hull be caitied ia Companies appraved by Wutthagce
shull be heid by Murtgegee and huve wched thereto less pesable Clauses in fuser ot wad
the Mostgugee. In event of loss ke will Rive immediate nuuice ty mask tl Murtgey
pevef of loss if not mace Prucptly dy Mortgugor, und each insutence cur: te
directed to muke payment (or such loss directly to Montages: instead uf tu Mh
the insurance proceeds, or uny part thereut, may be appited by Mungagee ot its
the indebtednuss hereby secured of ta the fesloretion of cups of the
Prout types wad
On salen
ay fron
ARUR pas et ail suca
comply «hen doe pretivas
ad the puiivs ead reneeais thereul
term oa
Seger wintiy
othe tedlcs
pipe ween
closure of thix monguge, of other tunster of ithe to the murtyeged oroperts is
swcwied heresy, uid Kat, tiie, unc interest ol the Mortkegue in and io any insur tems wostas
P¥ss (a the purchaser or great
4. He wall nyt caecute ue ile ot Neurd any rietrument Whig imposes a ceatg tien wee IME ee ne ties
uf the property descebed hetein on the pesis of rece, colur, ut creed.
BTL the premises, oe any pec thereul, be condemned unuer the power ol MME ate rae geet 5
public use, the damapes awarded,
y pluceeds tor the teman nd on he ay
amount of the MAINA unpaid indebtedness secured |
snd IWS Kets ot assigns,
siderition ter yuan
ertentod the fiutl
tu the Moetgages,
Was tye
ae MEN any
Sat Wet ce
wad stall be pad tosmaatn
vyphed ou secount of the last eatuaing tastwilmenin ol such indedbtedne
FI’ UsMiyneE, muy it his discre on pay direct ty the Muti wegue,
tavided, thut ad the luua os kuwienteed ur insaced, the
ui stad puyment.
aa. privided, hueever
Mevttyqen cn
Diy Pears ve assigne ain p
wd
ane
shaw ke
Gynaecol ol the Kuatantvr Ur insane is ctlwcned a ee
10. The Mortgugee may, ut any ume
theteul for the wpporntment of » receiver
Neseby wil und Singular, inciuding
seuved, euch and every uf witca,
vad des
pending « mut Upun Ute mar yege. appey La he Carwel Aad
s mad such Court sAwil forthwith ppOIAt a receiver ot he
wulund singular the income, giutits, Insuen,
LUANG Expresbiy understoou, is aciety
Rubendum cleuses hereut
ered tun
SES Cet od
a Palevet sowie
ead tevenuen tre
Toth eget as ol
Wey set fatty
tbed in the grunting ang
Yee A appeantinent smal te de he ween rn
wimitted equity aad u mutter of MGSUIULY Trent to suid Muttgagee cid watt! va toa Wass
tquacy of the vulue of the proverty Ugueed uf tu the suivency on. ECHO radants
Such rents, profits, income, issues, ond te Sages shall te appre ty sun rece eg Tm toy
motlgwye wad the practice of Suen court,
Ae ewenlal any ce
we Ne yy + vender
Motlgugor ayiees to puy to the Mortguyer on demand ax 4 PASONADEO OT EER tata bee . SN a
A lewet cqutvalent (9 onetwerlta of, Ble the ygcren, HL SNE Tw etse onitiy castan 4 sre
suerent yeu plum the actual wnuunt of o&e wneud ta PSSEN SONS ee eee wos er
SUD yeu cul Caverey by + Pena Most ty guy aents.
Ho Tathe event ui say Ueeuca a: das. MMe ur detaut ne ert ol ne vee ay, haa
vovaid sums ol soney herein reese + MUL PEI ETL kd ety jonni ng, .
vent that couch anu eve: RE MING eons vementy. condity
oe MO! Cory, promutly, sad tiv ettomaen oe othe Moet yager
em iain cod
Tonkmpley ot weeversne pmceecngs, | on im either at on
See ent tee rn
!
{
i
|
|
3
i
etme eee ee
* 194 wi 988
said aot teeaining wapaid, with labereet accrued to wnat aad al! money secured hereby shall bece ae
due @ 4 psyeole icnhwith, of Uherea(ter, at the option of said Mortgages, a0 fully and Compietoly as if all the seid
sums Of money were originally stipulated to be neid on ouch day, esything is maid note cris thie Worgege te the
contrary nxwithtiacding: aod therespoa of thereafter, at the option of uaid Mo tgagee, without notes o. dew ad.
suit at law or ta equity, may be prosecuted as if all moneys secursd hereby had matured prot to ite ANteulon.
The Mortgsgce may foreciose this WONssEe, 8s to the amount so d-ciared due and peyeble, sad the sa:
Shall be eold to sauiaty acd pey the same meether with costs, expenses, sod allowances. in case of petial lare-
Closure of this morgage, (be @origeged premises aba) be sold subject to the Contriving hen of this wongace
for the amount of the dedt oot then due and unpeid. In such case the provisions of this Peregteph may gain be
availed of tbereaiter (rom time to tine by the Mortgages,
preaiaes
12, No waiver of any covenant herein o
tof the obligation secured hereby shail ai any tine
v0 be a waiver of the tems hereoi of of the
theteaiies be held
note secured hereby.
13, The Lien of this instrusent ah
all remain ia full force ead effect duna
she time of payment of the indeedness
& any Postponement or extension of
Ot any pert thereof secured hereby.
14, This morcege is given to secure the Purchase money, of a part thersof, of the leads heretn desenbed ond
18 executed and delivered Coalemporeneousiy with the deed therefor.
1S. If the Moctgegor defeat in eny of the covenants or agreements
Mortgages mey perform the same, sod all expenditures (iacluding reasoasble attor:
fagoe ia to doing shall drew interes
thirty (30) days afer demand, and.
mortgege.
16. Upoa the reqneat of the Mortgagee the Mortgagor snail execute
17, The mailing of a written sotice of demand addressed to the owner of mcord of the mo.gaged Premises, or
directed to the said Uwoer at the lest address actually furnished to the Bactgagve, of if acne, directed to said
owner at taid mortgaged premizes, and mailed by the United Sates mails, postage prepaid, shall be sefficient
wotice and demand in ony case ecaing uoder this jastument wad required by the proviaions bereef or by lew,
18. Title 38 United Statwe Code and the Reguladicas issued thereunder shail govem tbe ighta, duties end
lnabilities of the pares hereto, and any provisions of thia or other inatrimenta executed ta connection with said
indebtedness wrice are inconsistent wich said Tide ot Reguisuons are nereby amevded and supplemented to com
fons thereto,
The covensais berein coola
heir, executors, sdministritora,
number aball uciude the peurel,
term ‘‘Mongagee © shall taciud
by operation of iaw of otherwise.
ined shall bind, and the benefits and advanta
IN WITNESS WHEREOF,
he said Mortgegor bea hereunto at hie band and sear the day and yeer firtt
aforesaid.
Sagned, teased, asd deli ered ta the preseace of ~
(BAL)
-. TT eee Oe.
STATE UF FLORIDA
COUNTY CF a
Before me ze-sonatiy appeared
end
Din wile Toone well knoen and known te me tu be
ihe individuats sexcnped in and who ereculed the loreyoing instrument aod wcanumieeyed belie me thal Ibey
executed the sane tor the Purposes therein exprrased
WITNESS =. -and and officiel Beer this davol My
Noten Hobie anand forcounry ere Nites atate mand
7 My communion expires
LORIDA)
2 33
COUNTY UF SUVAL >
SUPA
al Fiualea ot Lae
Sul, Cu ee sell be
wal ae attumiy
aud Chae
Load ewer
vie Letape
thae
le eae at at cutie
Adaintatcater vl Veletaue Alfatra, lor
IN WITNESS KUERMOP, Lo have Lerecata net ov ba
lee day of January
aloceaeld,
MY Comrntasion exrciraa:
Se cs rd
Dement te
ou. TPT 7
the sncerpipaed avthe
perasneliy appeared
ee taet
.
VEE
Pierce.
PME at Jet ewan
ae
ire rs Y
1
?
i
i
4
i
i
3
d
Book: 3ST T
United States of America, whose address is Department 22 Fage:O8B70
Veterans Affairs, P.O. Box 1437, St Petersburg, FL 33731, Rec: 11/21/95
pyhereinafter called Grantor, and 03:18 P.M.
Co . “iles $538227
(g°5 9 PAMELA MILLER, A SINGLE WOMAN John “eene
9 y Clerk Of Courts
49 . Clay County, Fi
with permanent post-office address at FEE? $6.60
4122 SAUNDERS DRIVE BOC: 3458.50
MIDDLEBURG 32068
in the County of Gaty CLAY ,State of FLORIDA
hereinafter called Grantee(s) WITNESSETH, That said Grant
fer and in consideration of the sum of Ten Dollars($i0)in
hand paid by Grantee(s) and other consideration
the receipt whereof is acknowledged, hereby grants, bargains,
and sells to Grantee(s) and Grantees heirs or successors and |
and assigns, forever,the following-described land in the i
county of Gay CLAY State of Florida, to-wit:
U U
VA Form 26-6408 Jan 1986 Rev. SPECIAL WARRANTY DEED
Sectica 1820, Title 38, U.s.c FLORIDA
THIS INDENTURE, made this 2nd dav of November , 1995
BETWEEN the Secretary of Veterans Affairs, an Officer of the
LOT 7, BLACK CREEK SHORES, UNIT 2, ACCORDING TO THE
ay
PLAT THEREOF, AS RECORDED
IN PLAT BOOK 8, PAGES 59 AND 60, OF THE PUBLIC R=
CORDS OF CLAY COUNTY, FLORIDA
26-0542 H- 006683- C00-00
This conveyance ia expresaly made subject to a Purch
executed by the Grantee(s) herein to the Grantor in the gum of $64,470.00
to be given to secure dabt representing balance of pur
chase price of real property herein
described. Thia deed is made Subject to all covenants, rastrictions, easements and limitations
of record; also subject to the lien and effect of all t
nature levied or asseased against the
aforesaid property for sul
TO HAVE AND TO HOLD the abov
gequent years.
nage Meney Short Form of Mortgage to be
+ Said mortgage to
axes and/or municipal liens of every
@~described property, with appurtenances, unto said Grantee(s),
and Grantee’s heirs or euccessc
ts and assigns, forever.
Grantor hereby warrants the title to said lands against the lawful cl.
claiming the same by, through, or under Grantor.
IN WITNESS WHEREOF, Grantor on the day and year firet above written has caused this
instrument to be signed and sealed in his/her name a:
‘ms of any person
nd on his/her behalf by the undersigned
employee, being thereunto duly appointed, qualified,
of Federal Regulations, Sections 36.4342 and 326.4520, pursuant t
and acting parouant to title 38, Code
ereto, as amended, and who
is authorized to exercise this instrument.
SIGNED, SEALED AND DELIVERED
IN THE, PRESENCE OF US:
a
\é Lituly RSD 4
Loan Guaranty Officer
ional Office
=
tens
5 oe
: TITLE
ersburg, Florida 33731
tc 4a dele rd
STATE OF FLORIDA oR. 26.4342 and 25.4520.)
COUNTY OF PINELLAS
I HEREBY CERTIFY,
WILLIAM A. CIPOLLA
Affairs a department of the Federal Executive Branch,
behalf of the Secretary of Veterans Affairs,
Yirument was acknowledged before me this date by
’ Loan Guaranty Officer, who is personally known to me
and who did not take an oath, stated that he is an employee of the Department of Veterans
duly authorized ts execute this deed on
[SEAL]
woof aachovicy
and he acknowledged to me that he executed the
same as said employee cn behalf of said Secre
deed of said Secretary,
and of such officer cn his behalf £5
expressed.
fe
£¢é
in the County and State aforesaid, =his 2nd of Novemper 21995
+ . >
Unley 64 J en
My commissicn expires:
*
IN WITNESS WHEREOF, I have hereunto set my a
f
This instrument was prepared by rey Management Secticn
P.O. BOX 4142 s Petersburg, rdation return this ing
to: PAMELA MILLER
4122 SAUNDERS DRI
MIDDLEBURG, FL.
68”
v
i
:
i
ii
tary and that said instrument is the free act and
r che usea and purposes therein
ixed my official seal at St Petersburg
aA emcee rte
Nov-16-00 10:36a\_) wy) P.oaq
MORTGAGE NOTE
b2500.°
Cling 07 7
For vaiue received, the uudersigned, prcsern na Kan nn \. . ‘Promise to pay to the
order of Parmar = Nan | Sune the principal sum of
Aig io [Rovace~ of nad fw Adered 2 , #100 DOLLARS
($bASDOS. ) with taterest thereon at the rete of 2./57 per centum per annum from
nie until matulty, eaid interest being payable
both privcipal and interest boing pnyabie tn lawful money of the United States of America at
Nee pre-e ot Mm oan reid -
or at such other address as the iicider from time to time may specify by written notice to the
maker, said principal and Loterest to be paid ou tha date and In the manner following:
. : . 5 le AWA Qaawc m ‘
BetL Pte spose Tha 2 A waep otis
pugs pork Slat Poryima cf HOP -F2 Phew TX2S Grd
Yrawanre ts Nek tene Foon or Apt) /997, 9s
(erent peeing int Panera HOHE OO! Se
: on. wot ivf Joon (Pored UN. a J
ae hint? Se Cient 204 BAS 1997,
This nota is to be construed and enforced according to the inws of the State of Florida, and
is secured by nortgage on real estnta of even date ierewith,
If defauit be made In the payinent of‘any of said sums or interest or in the performance of any
anveements contnined herein or in the said mortgage then, at the option of the holder of the same,
tho principal sum then Yemnining unpaid with accrued Interest shail immediately become due and
collectible without notice, thne being of the essence of thia contract, and said principal sum and
said accrued interest shall both bear interest at the maximum rate per annum eilowed by jaw, from
such time until paid.
Zach maker and endorser waives presentment, protest, notice of protest and notice of dis-
honor and agrees to pay all costs, including a rensonnble attorney’s fee, whether suit be brought
or not, Hf counsel shall after maturity of this note or default hereunder or under said mortgage,
be employed to coilact this note or to protect the sacurity thertof. .
/
I
ery to
saan 5 ae
Maker's Address
CB synete 71 ences 2X
ie
_Nev~16-00 10:36a WU Nw)
MORTGAGE DEED
This Mortgage :s given sy SUSAN * LEWIS, SINGLE, hece:nafter called
Borrower, cf ORANGE PARK, FLORIDA, to PAMALA MILLER, SINGLE, nereinatter
called Lender, which term includes any holder of this Mortgage,
Payment cf the PRINCIPAL SUM of $62,500. together with interest thereon
computed on the outstanding balance. ail as provided in a Note Raving the
Same date as this Mortgage, and also => secure the performance of all the
terms, covenants, agreements, conditions and extensions of “he Note and this
Mortgage.
In consideration of tne +can made by Lender cs Borrewer and for th
purpose expressed above, =ne Scrrswer xoes nereby grant and convey <2 lender
with MORTGAGE COVENANTS, che land With tne buildings situated thereon and all
the improvements and fixtures mow and hereafter a part thereof, being more
Particularly described in Exhibit A attached hereto and made a part hereof
and having a street address of: 4122 SAUNDERS DRIVE ALSO XNOWN AS LOT 7
BLACK CREEK SHORES, UNIT 3 SELLER AND SUYER ACKNOWLEDGE THAT THIS IS A WRAP
AROUND MORTGAGE AND ALL PAYMENTS WILL BE PAID DIRECTLY TO NATIONS BANC UNTIL
PAID IN FULL. PARCEL 26-95-24 006683-000-09 (Attach Property Description)
Borrower further covenants and agrees that
1. NO superior mortgage or the note secured by it will be modified
without the consent of Lender nereunder.
2. Borrower will make with each periodic payment due under the Nete
secured by this Mortgage 3 payment sufficzrene to crovice a fund from which
the real estate taxes, Setterment assessments and other municisal charges
which can become a lien against the mortgaged premises xan be paid by Lender
when due. This provision shall se effective only in the event =hat a fund for
the same curpose is not required to be estabiishea by the holder of 2 senior
mortgage.
3. In the event chat Sorrower faiis to carry cut the covenants and
agreements set forth
wv
nerein, the Lender may ds ana Fay for whatever is
necessary to protect the value of and the Lender's rights in the mortgaged
property ana any amounts ss pata shali
ve added t2 the Princizal su
tender hereunder.
4.0 As additscnal secur
vender, anQ upon cefaulzt ine same
to secure the
sxuipitz, Sacre 27
—— ee
Nov-16-00 10:36A UW VY
may be collected without the necessity of making er y upon the mortgaged
premises.
S$. in the evenc that any cendzticn of thas Mortgage or any senior
morcgage shall be in default for fifceen (15) Gays, the ent:re debt shall
beccme immediately due and cayable act the Opticn c= the Lender. uencer shall
be entitled to collect ail costs and expenses, .nciuding reasonable
attorney's fees incurred.
6. This Mortgage 1s aiso security for
ter direct and cencingent
jiabii:ties of the Borrower =s Lender which ace due or become due and whether
NOW existing or hereafter contracted
Borrower shall maintain agequate insurance on the property
amounts and form of coverage acceptanie to Lender and the Lender shall bea
named insured as its interest may appear.
8. Borrower shall ast commit waste or permit others to commit actual,
permissive or constructive waste on the Property.
3. Borrower further covenants and warrants =s Lender that Borrower is
indefeasibly seized of said land in fee simple; that the Borrower has lawful
authority to mortgage said lane and that said iand :s free and clear s£ all
encumbrances except as may be expressly contained herein.
This Mortgage is Upon the STATUTORY CONDITION and the ether conditions
set Icrth herein, for breach sf which sender shall nave the STATUTORY ZOWER
OF SALE <2 the extent existing under State law.
Borrower
STATE CF FLORIDA
COUNTY CF CLAY
On AUGUST J i997 before me,
appeared SUSAN K LEWIS, personally known ts me iss
,personally
svec 25 me on the casis
ot satistactory evidence) co re the person(s) whos
@ name(s) fare subseribed
£9 the within instrument and acknowledged to me that he/she meéy executed the
same in nt a
nis/her/their authorized Capacicy(1es), and that by his/her/cheir
signature:s) on the instrumenc the person(s}, cz tne entity upon behal
which the person(s) acted, executed -ne instrument
WITNESS my hand and offiezai seal.
cv)
th
NG
{ aA A A AT Ay
signature Wausee)doungda Ste anco Bounce
‘ . mi
f \SAanee Ly * vy Conmmaen CCS75829
- . 4, sy Fxewas Get. 12, 2000
yy Page 2, roe
793, Ws HA
“all
fon] jon of Courts
WARRANTY DOSED Clay County, FL
FEE: $6.00 i
OOC: $455.00 \
For good consyderation, we PAMELA MILLER. SINGLE WOMAN |
2425 IRIS, of MIDDLEBURG, County of CLAY, State of FLORIDA, herepy bargain,
deed and convey toVSUSAN K. LEWIS, SINGLE, z£ P.O 30X 1351 ORANGE PARK, |
County of CLAY, State of FLORDIA, tne following deserssed land in CLAY i
County, Sree and clear with
WARRANTY COVENANTS; tc wit: ‘LOT 7, SLACK CREEK SHORES. UNIT 2, ACCORDING To
THE PLAT THEREOF, AS RECORDED IN FLAT BCOK 3, 7AGES 59 AND 60, CF THE PUBLIC
RECORDS OF CLAY COUNT, FLORIDA... 26 05-24-0096483-000-900,
Grantor, for itself and its heirs, hereby covenants with Grantee, its
hears and assigns, chat Grantor is jawfully serzea in fee simple of the
above-described premises: that it has a goog <:ght to convey; shat the
premises are free from ail encumbrances; chat Granter and its heirs, and ail
persons acquirang any interest in the Property jranted, througn or fer
Grantor, will, on demana of Grantee, cr ics heirs OF assigns, and at the
expense of Grantee, i=s heirs or assigns, execute any instrument necessary
for the further assurance of the tatle to the premises that may be reasonably
required: and that Grantor and its heirs will forever warrant and defend all
of the property so granted to Grantee, its heirs and assigns, against every
person lawfully claiming the same or any part thereof.
Being the same property conveyed to the Grantors by deed of , dated
AUGUST » 1997.
WITNESS the hands and seal of said Sranto As day of AU T, 2397.
'
i
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STATE CF FLORIDA ‘
val
COUNTY CF Bex?
On AUGUST 3 1997 before me, : + personaily appeared
PAMALA MILLER, SINGLE, personally known to me (or proved to me on the basis
of Satisfactory evidence) to be the person(s) mnose name(s) is/are subscribed
to the within instrument and acknowledged to me th. he/she/they executed the
same in his/her/their authorizea capacity(ies), and that by nis/her/thear
signature(s) on the instrument the person(s}, or the entity upon behalf of
which the person(s) acted, executed che instrument.
WITNESS my nana and official seai.
“~ TY %
Signature Anihiuch
rem UA t
an)
~ Affiant xnown __“ Proaucea 25 |
— — Pr :
-anwa M Bounce Type of 22 Giotipa D License i
My Comrreseon CC575823 .
Expres Ox. 12, 7000 Seal:
‘2h,
VLE OT OCO-9T-AON
Docket for Case No: 00-000624
Issue Date |
Proceedings |
Dec. 14, 2000 |
Order Closing File issued. CASE CLOSED.
|
Dec. 13, 2000 |
Order (Joint motion to Relinquish Jurisdiciton is Denied) issued.
|
Dec. 12, 2000 |
Joint Motion to Relinquish Jurisdiction (Petitioner) filed.
|
Dec. 08, 2000 |
Order (Joint Motion to Continue and Reschedule Hearing is Denied) issued.
|
Dec. 07, 2000 |
Joint Motion to Relinquish Jurisdiction (filed via facsimile). |
Nov. 29, 2000 |
Joint Motion to Continue and Reschedule Hearing (filed by Petitioner via facsimile).
|
Oct. 20, 2000 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for December 18, 2000; 1:00 p.m.; Orlando, FL).
|
Oct. 19, 2000 |
Joint Motion for Continuance and to Reschedule Hearing (filed via facsimile).
|
Aug. 31, 2000 |
Motion to Take Deposition by Telephone (filed by Petitioner via facsimile).
|
Aug. 30, 2000 |
Order of Pre-hearing Instructions issued.
|
Aug. 30, 2000 |
Notice of Hearing issued (hearing set for November 2, 2000; 1:00 p.m.; Orlando, FL).
|
Aug. 17, 2000 |
Status Report (filed by Petitioner via facsimile).
|
Aug. 02, 2000 |
Motion for Enlargement of Time to File Status Report. (filed via facsimile)
|
Jul. 11, 2000 |
Order Granting Continuance sent out. (parties to advise status by August 1, 2000.)
|
Jun. 29, 2000 |
Motion for Continuance (filed by Respondent via facsimile)
|
Mar. 23, 2000 |
Order of Pre-hearing Instructions sent out.
|
Mar. 23, 2000 |
Notice of Hearing by Video Teleconference sent out. (hearing set for July 17, 2000; 12:30 p.m.; Orlando and Tallahassee, FL)
|
Feb. 29, 2000 |
(Petitioner) Unilateral Response to Initial Order (filed via facsimile).
|
Feb. 09, 2000 |
Initial Order issued. |
Feb. 07, 2000 |
Administrative Complaint filed.
|
Feb. 07, 2000 |
Respondent`s Answer to Administrative Complaint and Request for a Formal Hearing filed.
|
Feb. 07, 2000 |
Notice of Appearance; Request for Production of Documents filed.
|
Feb. 07, 2000 |
Agency Referral Letter filed.
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