Return to: (enclose self-addressed stamped envelope) Name Address: CFN 29366318975 UK b? ?m4?4 PG @953 69:87:23 Farm beach County, Florida ant Deed Doc 297.5% Intang Wk?go Sharon R. COMPTROLLER P93 @953 - 957; (?pgs) Prepared by?%f?gord and Return to: JEFFREY F. BERINL P.A. Jeffrey F. Baf?n? Esq. 1110 North Olivem?yenue West Palm Beach?g?L 33401 THIS COLIN, an hereinafter the "Mortgagor", to HELEN ROSBURG, hereinafter ??egfg (Wherever usea: herein the terms "Mortgagor" and "Mortgagee" fn?1p all the parties to this instrument and ?he* eirs, legal representatives and assigns of individuals, and the successors and assigns of and the term "Note" includes all the Nq?% herein described if more than one.) Esp executed the day of May, 2006, MARTIN H. . VA WITNESSETH, that for goodkg?abvaluable considerations, and also in consideration of the aggregate sum named in the Promissory Note of even date herewith, hereinafter described, the Mortgagor hereby grants, bargains, sells, aliens, remises, conveys and confirms unto the Mortgagee all of that certain land and buildings of which the Mortgagor is now seized and in possession situate in PALM BEACH COUNTY, Florida, legally described as: PARCEL 1: Unit 811, of 610 CLEMATIS, a Condominium, according to the Declaration thereof as recorded in Official Record Book 19652, Page 383 of the Public Records of' Palnt Beach County, Florida and PARCEL 2: Lot 1, BLOCK 11, PLAT NO. 3, CITY OF ATLANTIS, FLORIDA, according to the Plat thereof recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 27, Page 190. (hereinafter "parcels") To HAVE AND TO HOLD the same, together with the tenements, hereditaments and appurtenances thereto belonging, and the rents, issues and profits thereof, unto the Mortgagee, in fee simple. AND the Mortgagor covenants with the Mortgagee that the Mortgagor is indefeasibly seized of said parcels in fee simple; that the Mortgagor has good right and lawful authority to convey said parcels as aforesaid; that Book20404/Page953 Page 1 of 5 the Morggagor will make such further assurances to perfect the fee simple title??6%?aid parcels in the Mortgagee as may reasonably be required; that hereby fully warrants the title to said parcels and will defg??gthe same against the lawful claims of all persons whomsoever; and thatlsaigaparcels are free and clear of all encumbrances, except a first being placed on Parcel 1 and subject to an existing first Mortgage 2 in favor of MORTGAGE ELECTRONIC SYSTEMS, INC. as nominee for BROKERS CONDUIT, its successors and assignees. PROVIDED that if said Mortgagor shall pay unto said Mortgagee the Promissory Note hereinafter substantially copied or 1? identified, to wie'ffm PROHISSORY wore $85,000.00 FOR VALUE RECEIVED, the undeh??gh?d1_MARTIN H. COLIN ("maker"), promises to pay to the order of HELEN ROSBURG ("holder"), c/o MONIKA EVANS at 237 Po Egon, Royal Palm Beach, FL 33411, unless otherwise specified in writing by the holder, the principal sum of and nol100 DOLLARS, plus interest at the rate of SEVEN and 85/100 percent per anan on thigignpaid principal balance until maturity. interest payments only shall be required during the term of this Note wh?dhiterm commences May 1, 2006, payable in arrears, with the first interest only payment of $556.29 being due on June 1:4200?pfaghe money lent and secured hereby includes an earlier $10,000.00 loan from holder to maker and maker acknowledges?t?at'debt has been merged and incorporated into the total balance due hereunder. No principal payments shall be reh?ired during the term of this Note, except upon maturity. Maturity shall occur on April 30, 2007. All accrued and unpaidigthcipal and interest shall be fully due and payable on April 30, 2007. 1. All payments made hereunder shellgbegfirst applied to interest and then to principal. This Note shall be in default when any payment is not paid within (20) days after its due date. Upon default, this Note shall bear interest at rate of 12% per annum on all unpaid When in default, the aggregate unpaid indebtedness shall, at the option of the holder, become immediately duexg?df?ayable. Time is strictly of the essence in payment terms of the Note and in performance of Mortgage obligations. W'Vti/yi 2. The maker waives demand, presentmeq?;fnb??ge of protest, protest, notice of dishonor and any defense by reason of extension of time for payment or other i ul??nce granted by the holder. Maker agrees to pay all costs of collection, including a reasonable attorneys fee, upon default before or after maturity of this Note. This Note shall be binding upon maker, his heirs, personal representatives and assigns. 3. If any installment of interest or principal is not paid within ten (10) days of the due date, then maker agrees to pay a late payment charge of $50.00 as liquidated compensation to holder for the extra expense to process and administer untimely payment. 4. This Note may be prepaid in part or in full at any time without penalty. 5. This Note with interest is secured by a SECOND MORTGAGE DEED of even date herewith on the two (2) parcels of real estate described hereinabove and shall be construed and enforced according to the laws of the State of Florida. coup! MARTIN H. COLIN and shall fully perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants thereof, and of this Book20404/Page954 Page 2 of 5 Mortgage, then this Mortgage and the estate hereby created, shall cease, determine and be null and void. AMP the Mortgagor hereby further covenants and agrees to jpay promg??gkwhen due the principal and interest and other sums of money in said Note and this Mortgage, or either; to pay all and singul?g?ghe taxes, assessments, levies, liabilities, obligations, and encumbr?gc?soof every kind or nature on said parcels; to permit, commit or suffef?g?awaste, impairment or deterioration of said parcels or the ereon at any time; to keep the buildings now or hereafter on said insured in a sum of not less than the fair market value of parcel in a company or companies acceptable to the Mortgagee, the gg?gcy or policies to be held by, and payable to, said Mortgagee, and i?gthg event any sum of money becomes payable by virtue of such insurance th?%??gtgagee shall have the right to receive and apply the same to the hereby secured, accounting to the Mortgagor for any surplus; toi?g?flall costs, charges, and expenses, including lawyer?s fees on the biggl, appellate, and post?judgment levels, and title searches, reasonab??Eincurred or paid by the Mortgagee because of the failure c?f the Mortg?ggr to and fully comply with the agreements, stipulations, condgtions and covenants of said Note and this Mortgage, or either; to perfa%?% comply with and abide by each and every "3 the agreements, stipulationsk; ?pditions and covenants as set forth in said Note and this Mortgage or??ggher. In the event the Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said Note and this Mortgage, or either, the Mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the default interest rate of twelve percent per annum. THIS IS A SECOND MORTGAGE as to both parcels. A default in any first Mortgage referred to above shall constitute 21 default in this second Mortgage. If the Mortgagor conveys, transfers or sells either parcel described hereinabove or any part thereof without the express written consent of the Mortgage holder, the entire indebtedness secured Book20404/Page955 Page 3 of 5 hereby shall thereupon and concurrently therewith become due and payable immediately. .As additional security hereunder, tins Mortgagor hereby grants?t?pthe Mortgagee a lien upon all the rents, income and profits from gh??subject parcels, if any, upon default. of money herein referred to be not paid within twenty (f?f;gays next after the same becomes due, or if each and every the agreemg?ft'?w stipulations, conditions and covenants of said Note and this Mortgag%?%or either, are not fully performed, complied with and abided by, entire sum.mentioned in said Note, and this Mortgage, or the entire ??Eg?ce unpaid thereon, shall forthwith or thereafter, at the option of become and be due and payable, anything in said Note or her?f??to the contrary notwithstanding. Failure by the Mortgagee to exercise spy of the rights or options herein provided or any other forbearance shafg?npt constitute a waiver of any rights or options . . 9* . under said Note or this?MErtgage accrued or thereafter accruing. ?eff; . IN WITNESS said Mortgagor has hereunto Signed and sealed these presents year first above written. $28! Signed, sealed and delivered . {23% in the presence of: ?if ijf?x ignature H. COLIN k?m 501 North Country Club Drive Lfr?h 3% Lake Worth, FL 33462?1005 Printed Signature @m newt/11% i?inted g?gnature NOTARY ACKNOWLEDGMENT APPEARS ON NEXT PAGE Book20404/Page956 Page 4 of 5 STATE OF FLORIDA 88.: mug/131mg PALM BEACH 5 MORTGAGE DEED was acknowledged before me this day ofymag, 2006 by MARTIN H. COLIN, who 18 personally known to me or has at: produced ya?id identification and who did not take an oath. ?21333 .4 EM 7?9 'No??ary Public?State of Florida My commission expires: My commission number: ELAINE SMITH MY COMMISSION DD 220302 EXPIRES: October 6, 2007 Bonded Thru Budget Notary Services 2782 Book20404/Page957 Page 5 of 5