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HomeMy WebLinkAboutMisc Letters i Detail by Entity Name Page 2 of 3 Detail by Entity Name Florida Limited Liability Company DRMCGEE L.L.C. I Filing Information Document Number L15000000913 FEI/EIN Number N/A Date Filed 01/02/2015 State FL i Status ACTIVE Principal Address 328 Pandora Ave Fort Pierce, FL 34951 i Changed:04/29/2017 Mailing Address 328 Pandora Ave Fort Pierce, FL 34951 Changed:04/29/2017 I Registered Agent Name&Address MCGEE, DONALD R 328 Pandora Ave 9 Fort Pierce, FL 34951 Address Changed:04/29/2017 Authorized Person(s)Detail i Name&Address I Title Owner I i MCGEE, DONALD R 328 Pandora Ave j Fort Pierce, FL 34951 Annual Reports Report Year Filed Date 2016 04/15/2016 2017 04/29/2017 Document Images p i 04/29/2017—ANNUAL REPORT View image in PDF format i 04/15/2016—ANNUAL REPORT View image in PDF format i 01/02/2015--Florida Limited Liability View image in PDF format i i I I Florida DePai me.nt of state,Division of Corporov-s 9 I 4-ftp://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/24/2017 i i 2017 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED DOCUMENT# L15000000913Apr 29, 2017 Entity Name: DRMCGEE L.L.C. Secretary of State _. _ C;C5675266423 ..,.................. .: Current Principal Place of Business: 328 PANDORA AVE FORT PIERCE, FL 34951 Current Mailing Address: 328 PANDORA AVE FORT PIERCE, FL 34951 US FEI Number: NOT APPLICABLE Certificate of Status Desired: No I Name and Address of Current Registered Agent: I MCGEE,DONALD R 328 PANDORA AVE FORT PIERCE,FL 34951 US f The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail Title OWNER Name MCGEE,DONALD R Address 328 PANDORA AVE City-State-Zip: FORT PIERCE FL 34951 f f i I i f I I I u I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:DONALD R MCGEE MANAGER 04/29/2017 Electronic Signature of Signing Authorized Person(s)Detail Date I I Filin # 65283719 E-Filed 12/12/2017 02 10:11 PM g � IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR SAINT LUCIE COUNTY,'FLORIDA CASE NO.: SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF FEBRUARY 28, 1985,AS AMENDED; Plaintiff, V. i DRMCGEE,LLC,a Florida Limited Liability Company, Unknown Tenant in Possession,Donna Scott,and unknown spouses, heirs, devisees,grantees,assignees,creditors,trustee,successors in interest or other parties claiming an interest in the subject property by,through or against any of said defendants,whether natural or corporate, who are not known to be alive or dead,dissolved or existing; Defendants. LIS PENDENS i To : The above named Defendants and all others to whom it may concern. i You are hereby notified that suit has been initiated by the above named Plaintiff against the above named Defendants in the above styled cause including the following described property lying and being situate in Saint Lucie County Florida to wit: Lots 8 and 9, Block 3, of BELA]RE ESTATES, according to the plat;thereof as recorded in Plat Book 14 at Page 21 of the Public Records of Saint Lucie County, Florida. ' I i The relief sought in such action is FORECLOSURE OF MORTGAGE. Dated: December 8, 2017. Abbie R. Sa t,'Esq. Fla. Bar#0464430 710 NE 126 Street N.Miami FL 33161 Tel: 305-892-8282 Fax: 305-675-7933 / Email: abs arden @gmail.com � 77-F ABBIE R.SALT,ESQ. ff J 710 NE 126 STREET,NORTH MiAMI FL 33161 ° TELEPHONE:(305)892-8282 i TELEFAX:(305)675-7933 1 EMAIL:ABSGARDEN@GMAILLOM i �: Filing # 65283718 E-Filed 12/12/2017 02:10:11 PM i i I 1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR SAINT LUCIE COUNTY,FLORIDA 1 CASE NO.: i I SANDRA SIMON,TRUSTEE OF SANDRA SIMON ! TRUST OF FEBRUARY 28, 1985,AS AMENDED; ' Plaintiff, , I V. i I DRMCGEE,LLC,a Florida Limited Liability Company, Unknown Tenant in Possession,DONNA SCOTT,and unknown spouses, heirs,devisees,grantees, assignees,creditors,trustee,successors in interests or other parties claiming an interest in the subject property by,through j or against any of said defendants,whether natural or corporate, who are not known to be alive or dead,dissolved or existing; Defendants. i i COMPLAINT I FORECLOSURE OF MORTGAGE,FORECLOSURE OF SECURITY INTEREST I Comes now Plaintiff SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF FEBRUARY 28, 1985, AS AMENDED, by and through undersigned counsel Law Offices of Abbie R. Salt, Esq., and sues Defendant DRMCGEE, LLC, a Flo�_da Limited Liability n Company, and Defendants Unknown Tenant in Possession, and alleges as follows: I JURISDICTION,VENUE AND PARTIES I 1. This is an action to foreclose a mortgage and note on property located in Saint Lucie County,Florida; and for damages for breach of various security and loan documents. ABBIE R.SALT,ESQ. Page 1 of 6 710 NE 126 STREET,NORTH Mum FL 33161„ TELEPHONE:(305)892-8282/TELEFAX:(305)675-7933/EMAIL:ABSGARDEN@GMAIL.COM i I , 2. This is an action_for damages greater than $15,000.00 for foreclo i sure of mortgage on property located in Saint Lucie County Florida and other relief for attorney's fees and costs as requested herein. All conditions precedent to the filing of this matter have been completed and/or waived. 3. At all times material hereto, Plaintiff SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF FEBRUARY 28, 1985, AS AMENDED is a Florida Limited Liability Company conducting business in the State of Florida and is authorized to do business in the State of Florida and is otherwise sui juris. 4. At all times material hereto, Defendant DMCGEE, LLC, a Florida Limited Liability Company, with its principal place of business at 328 Pandora Ave., Fort Pierce FL 34951 was and/or is a business conducting business in the State of Florida and is incorporated in the State of Florida and was and/or is registered with the Secretary of State of Florida to conduct business and i said company bearing document number L15000000913 and is otherwise sui juris. 5. Defendant(s), Unknown Tenant(s) In Possession, Occupants, may claim some interest in the subject property by virtue of their possession or occupancy of the same; however, said interest, if any, is subordinate,junior, and inferior to the lien of Plaintiffs mortgage. 6. Defendant Donna Scott may claim some interest in the subject property by virtue of being the sister and sole surviving heir of Donald Mcgee, deceased, who was the sole member of I the DRMCGEE LLC; however, said interest, if any, is subordinate,junior, and inferior to the lien of Plaintiffs mortgage 7. In addition to all other named Defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, trustee, successors in interest or other parties claiming an interest in ABBIE R.SALT,ESQ. Page 2 of 6 710 NE 126 STREET,NORTH Mum FL 33161 TELEPHONE:(305)892-8282/TFLEFAX:(305)675-7933/EMAIL:ABSGARDEN@GMAIL.COM I the subject property by, through or against any of said defendants, whether natural or corporate, who are not known to be alive or dead, dissolved or existing, are joined as Defendants herein. The claims of any of said parties are subject, subordinate, and inferior to the interests of Plaintiff. 8. Venue is proper in this county, where the property that is the subject of this action is located, one or more of the Defendants conduct business, and where one or more of the causes of i action accrued. 9. Jurisdiction is proper in this court because the subject property is located in Saint Lucie County and is subject to the in rem jurisdiction of this Court. COUNT I—FORECLOSURE OF MORTGAGE 10. Defendant, DRMCGEE, LLC owns the subject-property located in Saint Lucie County, Florida and the mortgage which is the subject of this action encumbers property located in Saint Lucie County,Florida. The legal description of the property encumbered by the mortgage is: Lots 8 and 9, Block 3, of BELAIRE ESTATES, according to the plat;thereof as recorded in Plat Book 14 at Page 21 of the Public Records of Saint Lucie County, Florida. 11. On February 29, 2016, Defendant DRMCGEE, LLC executed and delivered to Plaintiff a Mortgage Note, (attached hereto and incorporated herein as Exhibit A), and a Mortgage, (attached hereto and incorporated herein as Exhibit B) securing payment of the'note to Plaintiff. The mortgage was recorded on March 4, 2016 in Official Records Book 3843 at Pages 900 et seq., of the i Public Records of Saint Lucie County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor. i 12. Plaintiff SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF FEBRUARY 28, 1985,AS AMENDED owns and holds the note and the mortgage. i ABBIE R.SALT,ESQ. Page 3 of 6 710 NE 126 STREET,NORTH MIAMI FL 33161 TELEPHONE:(305)892-8282/TELEFAx:(305)675-7933/EMAIL:ABSGARDEN@GMAIL.COM I f 1 I i i I 13. Defendant, DRMCGEE, LLC, defaulted under the note and mortgage by failing to I pay any and all required payments due under the Note and Mortgage since J' ne 1, 2016 and all subsequent payments. 14. Plaintiff, SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF FEBRUARY 28, 1985, AS AMENDED, declares the full amount payable 1 under the note and mortgage to be due. 15. Defendant, DRMCGEE, LLC, owes Plaintiff, SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF FEBRUARY 28, 1985, AS AMENDED, LI. Fifty Thousand Six i hundred Sixty Seven Dollars ($50,667.00)that is due in principal on the note and mortgage, interest from June 1, 2016, additional funds advanced in the amount of Forty Eight Thousand Six Hundred Dollars ($48,600.00) for assessments and obligations which Defendant failed to pay, title search y expense for ascertaining necessary parties to this action, and attorney's fees and costs as outlined in I the mortgage and note. F 16. The indebtedness has been accelerated pursuant to the terms of the note and I mortgage. 17. Defendant(s), Unknown Tenant(s) In Possession, Occupants, may claim some interest in the subject property by virtue of their possession or occupancy of the same; however, said interest, if any, is subordinate,junior, and inferior to the lien of Plaintiffs mortgage. 18. In addition to all other named Defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, trustee, successors in interest or other parties claiming an interest in the subject property by, through or against any of said defendants, whether natural or corporate, ABBIE R.SALT,ESQ. Page 4 of 6 710 NE 126 STREET,NORTH Mum FL 33161 TELEPHONE:(305)892-8282/TELEFAX:(305)675-7933/EMAIL:ABSGARDEN@GMAIL.COM i i i I who are not known to be alive or dead, dissolved or existing, are joined as Defendants herein. The claims of any of said parties are subject, subordinate, and inferior to the interests of Plaintiff. I 19. Plaintiff, SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF i FEBRUARY 28, 1985, AS AMENDED has retained undersigned counsel and is obligated to pay undersigned counsel a reasonable fee for their services and is entitled to recover its attorney's fees pursuant to Florida Statutes and the note and mortgage. i WHEREFORE,Plaintiff, SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF FEBRUARY 28, 1985, AS AMENDED, requests a judgment foreclosing the mortgage and subordinate liens and Unknown Tenant(s) in Possessions' interests in the property and, if the proceeds of the sale are insufficient to pay Plaintiff, SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF FEBRUARY 28, 1985, AS AMENDED's claim, a deficiency judgment, its costs and reasonable attorney's fees. i COUNT II-DAMAGES 20. This is an action for damages greater than $15,000.00 i 21. Defendant DRMCGEE, LLC and Defendant Diversified Global Holdings Group, Inc. owe Plaintiff SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF FEBRUARY i 28, 1985, AS AMENDED the sum of Fifty Thousand Six Hundred Sixty, Seven Dollars I ($50,667.00), advances in the sum of Forty Eight Thousand Six Hundred Dollars ($48,600.00) and i interest and fees thereon as set out above plus amounts for damages,!costs and attorney's fees. i i ABBIE R.SALT,ESQ. Page 5 of 6 710 NE 126 STREET,NORTH Mmmi FL 33161 TELEPHONE;(305)892-8282/TELEFAX:(305)675-7933/EMAIL:ABsGARDEN@GMA1L.coM i I WHEREFORE, Plaintiff SANDRA SIMON, TRUSTEE OF SANDRA SIMON TRUST OF FEBRUARY 28, 1985, AS AMENDED requests judgment for damages, costs and attorney's fees against Defendant DRMCGEE, LLC, et al. i Dated:December 8, 2017. I Respectfully submitted, Abbie R Salt,Esq. 710 NE 126 Street I N.Miami FL 33161 FL BAR# 0464430 Tel.: 305-892-8282 1 Fax.: 305-675-7933 Email: absgarden@gmail.com I { i I I a I I i i I i I i ABBIE R.SALT,ESQ. Page 6 of 6 710 NE 126 STREET,NORTH Mum FL 33161 TELEPHONE:(305)892-8282/TELEFAX:(305)675-7933/EMAH.:ABSGARDENCa GMAIL.C6M i I I Filing # 65283718 E-Filed 12/12/2017 02:10:11 PM FORM 1.997. CIVIL COVER SHEET j The civil cover sheet and the information contained in it neither replace nor supplement the filing and service of pleadings or other documents as required by law. This form must be filed by the plaintiff or petitioner for',the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to section 25.075, Florida Statutes. (See instructions for completion.) I. CASE STYLE IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA I i Case No.: Judge: Sandra Simon Trustee of Sandra Simon Trust Y Plaintiff vs. DRMCGEE LLC Donna Scott Tenant Name Unknown,unknown heirs etal Defendant 11. TYPE OF CASE ❑ Non-homestead residential foreclosure El Condominium $250,00 or more 0 Contracts and indebtedness El Other real property actions$0-$50,000 0 Eminent domain 0 Other real property actions$50,001 -$249,999 0 Auto negligence 0 Other real property actions$250,000 or more 0 Negligence—other 0 Business governance 0 Professional malpractice ❑ ' Business torts 0 Malpractice—business 0 Environmental/Toxic tort 0 Malpractice—medical 0 Third party indemnification 0 Malpractice—other professional 0 Construction defect 0 Other 0 Mass tort 0 Antitrust/Trade Regulation 0 Negligent security 0 Business Transaction 0 Circuit Civil-Not Applicable 0 Nursing home negligence 11 0 Premises liability—commercial El Constitutional challenge-statute or ordinance 0 Premises liability—residential 0 Products liability 0 Constitutional challenge-proposed ty amendment ® Real Property/Mortgage foreclosure ❑ Corporate Trusts 0 Commercial foreclosure$0-$50,000 ❑ Discrimination-employment or other 0 Commercial foreclosure$50,001 -$249,999 ❑ Insurance claims 0 Commercial foreclosure$250,000 or more El Intellectual property 0 Homestead residential foreclosure$0—50,000 ❑ Libel islander 0 Homestead residential foreclosure$50,001 - El Shareholder derivative action $249,999 0 Securities litigation ❑ Homestead residential foreclosure$250,000 or ElTradii e secrets more 0 Non-homestead residential foreclosure$0- El Trust litigation $50,000 ® Non-homestead residential foreclosure $50,001 -$249,999 i i i I 1 i I COMPLEX BUSINESS COURT I This action is appropriate for assignment to Complex Business Court as'delineated and mandated by the Administrative Order. Yes ❑ No i III. REMEDIES SOUGHT(check all that apply): ® Monetary; El Non-monetary declaratory or injunctive relief; g Punitive IV. NUMBER OF CAUSES OF ACTION: ( ) (Specify) ! i 2 i V. IS THIS CASE A CLASS ACTION LAWSUIT? 0 Yes © No VI. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? i ® No 0 Yes—If"yes" list all related cases by name, case number and court: i gd 1 I VII. IS JURY TRIAL DEMANDED IN COMPLAINT? El Yes ® No I I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief, and that I have read and will comply with the requirements of Florida Rule of Judicial Administration 2.425. Signature s/Abbie R Salt FL Bar No.: 464430 Attorney or party (Bar number, if attorney) I Abbie R Salt 12/12/2017 ! (Type or print name) Date i I I I I I I i I I I I ' I JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT .LUCIE COUNTY FILE # 4166317 OR BOOK 3843 PAGE 900, Recorded 03/04/2016 at 05:07 PM Doc Tax: $177.45 Int Tax: $101.33 i Prepared by and return to: i Abbie R. Salt, Esq. Garden Title Corp. 710 NE 126 Street N. Miami FL 33161 I I Property Tax Folio: 1312-701-0050-000/8 1312-701-0049-000/8 { i FIRST MORTGAGE THIS MORTGAGE,executed this 29th day of February 2016 between DRMCGEE, LLC,a Florida Limited Liability Company, whose mailing address is 598 Palomar St., Fort Pierce, FL 34951, hereinafter called the "Mortgagors/Borrowers", which term as used in every instance shall include the heirs, executors, administrators, successors, legal representative and assigns, either voluntary by act of the parties, or involuntary by operation of law, and shall denote the single and/or plural, and the masculine and/or feminine, and natural and/or artificial persons,whenever and wherever the context so requires or admits, party of the first part, and SANDRA SIMON, TRUSTEE OR HER SUCCESSOR, OF SANDRA SIMON TRUST OF FEBRUARY 28, 1985, AMENDED, whose mailing address is 1800 NE 1144 Street, #2403, Miami FL 33181, the "Mortgagees/Lenders", which term as used in every instance shall included the Mortgagee's heirs, executors,administrators,successors, legal representatives and assigns,whenever and wherever the context so requires or admits, party of the second part. WITNESSETH:That for divers good and valuable considerations, and also in consideration of the aggregate sum of Fifty Thousand Six Hundred Sixty Seven Dollars and 00100 ($50,667.00) named in the promissory note of even date herewith, hereinafter described (the term."note" as hereafter used shall denote the singular, if one note, or the plural, if more than one note, is secured by this Mortgage), the Mortgagor does grant,bargain, sell alienate, remise, release,convey and confirm unto the Mortgagee in fee simple, the following described real estate, of which the Mortgagor is now seized and possessed and in actual possession,situate in the county of Saint Lucie,State of Florida to wit: Lots 8 and 9, Block 3, of BELAIRE ESTATES, according to thePlat thereot as recorded in Plat Book 14, at Page 21 of the Public Records of SAINT LUCIE County, Florida. THIS IS A FIRST MORTGAGE OR BOOK 3843 PAGE 901 TOGETHER WITH all accretions,appurtenances,air,and subsurface rights,thereto. TOGETHER with all structures,and improvements and substitutions thereof,now�and hereafter on said land,and the fixtures attached thereto,and all rents, issues, insurance proceeds, and1 profits,accruing and arising from said premises, all of which are included within the foregoing description.,Also all heating, cooling, water heating, cooking, refrigerating, plumbing, ventilating, irrigating, and 'power systems, appliances, fixtures and appurtenances, including air conditioning ducts, machinery,and equipment,which are now or hereafter pertain to or be used in or on said premises, regardless of whether they be detached or detachable. TOGETHER with all furniture, furnishings, fixtures and equipment contained in or appurtenant to said premises, or which may hereafter from time to time be placed herein, and any substitution or replacement thereof. TO HAVE AND TO HOLD the same, together with tenements, hereditaments and appurtenances, unto the said Mortgagee,in fee simple title. AND THE SAID MORTGAGOR does hereby covenant with Mortgagee that the said Mortgagor is indefeasibly seized of said land in fee simple; that said Mortgagor has full power and lawful right to convey said land in fee simple as provided; that it shall be lawful for the Mortgagee at all times peaceably and quietly to enter upon, hold and occupy said land; that said land is fee and clear of all other and prior liens, assessments,judgments, taxes and encumbrances;that said Mortgagor will make such further assurances to perfect the fee simple title to said land in the Mortgagee as may reasonably be required; and that said Mortgagor does hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWAYS that if the Mortgagor shall pay unto the Mortgagee the;sums of money mentioned in said promissory note in the manner as therein specified, a copy of which is attached hereto and made a part hereof by reference,and shall pay all other sums provided to be paid by the mortgage,and all perform, comply with and abide by each and very of the stipulations, agreements conditions and covenants of said promissory note and of this mortgage,then this mortgage and the estate hereby created shall cease and be null and void. AND THE MORTGAGOR dose hereby further covenant and agree as follows: 1. To pay all and singular the principal and interest and other sums of money payable by virtue of said promissory note and this Mortgage, or either, promptly on the days respectively the same severally come due as well as the obligation to timely pay all installments as they come due and to remain in good-standing on the first mortgage given on the same property. Mortgagor shall be required to provide to . Mortgagee upon demand such written evidence satisfactory to mortgagee (i.e. copy of cancelled check)the timely payment of the first mortgage covering the subject property described herein.Violatioin of the terms of this paragraph shall constitute a default hereunder. 2. To pay all and singular taxes,assessments,levies,liabilities,obligations and encumbrances of every nature on said described property,each and every,and if the same;shall not be promptly paid,the Mortgagee may,at any time either before or after delinquency,pay the same without waiving or affecting the option to foreclose,or any right hereunder and every payment so paid shall bear interest from the date thereof at the default rate. ;i 1 OR BOOK 3843 PAGE 902 3. To keep buildings now or hereafter on said land and the fixtures and personal property therein contained insured, by a company or companies approved by the Mortgagee, against loss by fire, flood, and windstorm, for the highest insurable value so that the Mortgagee's interest is not subject to coinsurance, and the policy or policies shall be held by and be payable to said Mortgagee, and the Mortgagee shall have the option to receive and apply said payment on account of the indebtedness hereby secured, or permit the Mortgagor to receive or use it, or any part thereof,for any purposes without thereby waiving or impairing the equity,lien,or right under and by virtue of this Mortgage and may place and pay for such insurance, or any part thereof, without waiving or affecting the option to foreclose or any rights hereunder,and each such payment shall bear interest at the default rate. 4. To permit, commit or suffer no waste, impairment, abandonment or deterioration of said property, or any part thereof, and upon the failure of the Mortgagor to keep the buildings and personal property in good condition or repair,the Mortgagee may demand the immediate repair of: aid property, or an increase in the amount of security, or the immediate repayment of the debt hereby secured, and the failure of the Mortgagor to comply with said demand of the Mortgagee for a period of fifteen(15)days shall constitute a breach of this Mortgage and, at the option of the Mortgagee, immediately and without notice, may institute proceedings to foreclose this Mortgage and apply for the appointment of a Receiver, as hereinafter provided. 5. To perform, comply and abide by each and every of the stipulation s, agreements, conditions and covenants set forth in said promissory note and hereunder. Upon Mortgagor's default thereof, Mortgagee may accelerate the Mortgage and declare the entire principal sum and accrued interest shall become at once due and collectible without notice. I he entire indebtedness shall bear interest at the Default Interest rate which is defined to be the highest rate allowable under the laws of the State of Florida. Upon default, Mortgagee may also pursue any other remedy available to it including but not limited to taking possession of the Mortgaged Froperty without notice or hearing to Mortgagors). Mortgagee snail take action either by proceeding or by the exercise of its power with respect to entry to take posisession,or both, as Mortgagee may determine. Mortgagor(s) specifically waive the right to object to the appointment of a receiver ana consent that such appointment snail be made an admitted equity and as a matter of absolute right to the Mortgagee and without reference to the adequacy of the value of the mortgage property or to the solvency or insolvency of the Mortgagor(s)or to the fact that the property is or may be homestead property, or any other reason whatsoever. As receiver, the Mortgagee is further directed and empowered Win the consent and agreement off the Mortgagor(s) to freeiy let the property to whomsoever hey will. mortgagor agrees to surrender possession and occupancy of the property herein described to Mortgagee or morigagee-receiver upon demand. I 6. To deliver unto the Mortgagee, on or before March 31st of each year, receipts evidencing the payment of all taxes imposed upon the mortgaged property for the preceding calendar year;to deliver to the Mortgagee receipts evidencing the payment of all liens for public improvements within ninety(90) days after the same shall become due and payable and to pay or discharge within ninety (9() days after due date, any and all governmental levies that may be made on the mortgaged property, and proof of payment of the yearly hazard and windstorm insurance on this Mortgage or note or in any other was resulting from the mortgage indebtedness secured this Mortgage. In the alternative, Mortgagee shall have the right to require Mortgagor to pay on the day monthly payments are due under the note until the Note is paid in full, 111211 of(a) the yearly taxes and assessments which attain priority over this security,interest, and (b) the yearly hazard and windstorm, and if it should become applicable, then also flood insurance. Such sums shall be held by the Mortgagee and applied in payment of such items when the same become due. Mortgagor shall pay upon demand therefore any shortfall as to such items with any excess sums to be refunded to the Mortgagee. I OR BOOK 3843 PAGE 903 7. To pay all and singular the costs,charges and expenses,including lawyers fees,incurred or paid at any time by the Mortgagee, because of the failure of the Mortgagor to perform,Icomply with and abide by all other stipulations, agreements, conditions and covenants of said promissory note and this Mortgage, or either, and every such payment shall bear interest at the Default Rate. Further to pay all recording costs, documentary stamps and intangible taxes relating hereto, as well as: recording costs relating to the Satisfaction hereof. 8. That if any action, or proceeding, shall be commenced by any person other than the holder of this Mortgage(except an action to foreclose this Mortgage,or to collect the debt secured thereby) to which action, or proceeding, the holder of this Mortgage is made a party, or in which it shall become necessary to defend, or uphold, the lien of this Mortgage, all sums paid by the holder of this Mortgage for the expense of any litigation to prosecute,or defend,the rights and liens created by this Mortgage(including reasonable counsel fees), shall be paid by the Mortgagor,together with the interest thereon,at the default rate.Any such sum, and interest thereon, shall be a claim upon said premises, and shall tie deemed to be secured b this Mortgage. The sums aid or incurred b the holder hereof in accordance with the terms of YP Y this paragraph,shall be paid by the Mortgagor unto the holder hereof within thirty(30)days, and the failure or omission of the Mortgagor to do so shall entitle the Mortgagee to add such sums to the principal indebtedness of this Mortgage and the note it secures, and/or at its option declare this Mortgage and the note it secures to be in default, thereupon maturing all of the unpaid indebtedness including the sums advanced hereunder. 9. 1 hat no extension of the time or modification of the terms of payment hereinafter, and no release oT any part of parts of the mortgaged premises, even though made without the consent oT the mortgagor shall release, relieve or discharge the Mortgagor from the payment of any oT the sums hereby secured but in such event the mortgagor shall nevertheless be liable to pay such sums 1according to the terms or sucn extension or mooiTicavon unless specmcany reieasea and discnarged in writing by the Mortgagee; and furthermore, that acceptance of payment of any instailment oT the principal or Interest, or both, or oT part perrormance oT any covenant or delay Tor any period oT time in exercising the option to mature the entire debt, snail not operate as a waiver of the rights to execute sucn option or act on sucn default,paruai acceptance or any subsequent aefaulf. 'i0. unbi detauit In the pertormance oT me covenants ana agreements oT trns iviongage, the Mortgagor shaii be entitled to collect the rents, issues and profits trom the premises herelnDetore described, but in case of a detauit In any of the terms of tnls mortgage,of me ring of a bill to toreciosei tnis or any otner mortgage encumbering the within described property, the Iviortgagee snail Immediately and wltnout notice be entitled,as a matter of right,and without regard to the value of the premises,or solvency or insolvency of the parties,to the appointment of a Receiver of the mortgaged property, both reai and personal and of the rents, issues and profits thereof, with the usual power of Receivers in such cases and such Receiver may continue in possession of the said property until the time of the sale thereof,and such foreclosure,and until the confirmation of such sale by the Court. 11. If foreclosure proceedings shall be instituted on any mortgage inferior to this Mortgage or if any foreclosure proceeding is instituted on any lien of any kind, the Mortgagee may, at its option immediately or thereafter declare this Mortgage and the indebtedness secured hereby due and payable. If there is any mortgage superior to this Mortgage, then failure to pay said mortgage when due and in accordance with its terms or failure to abide by this mortgage, then failure to pay said mortgage when due and in accordance with its terms or failure to abide by the terms of said mortgage shall be deemed a breach of this Mortgage and the Mortgagee, it his option, may immediately or thereafter declare this Mortgage and the indebtedness hereby secured due and payable.Any acceleration of the said superior mortgage, shall be added to the debt secured hereby and subject to the same terms and conditions as contained in mortgage or,the note hereby secured. The Mortgagor herein hereby agrees to pay the said superior mortgage in OR BOOK 3843 PAGE 904 accordance with its terms covenanting to keep the same current and paid. Mortgagor hereby grants unto Mortgagee the right to advance such funds necessary to cure any default under the said superior mortgage, such sums so advanced being so secured by the lien provided herein. Any modification of any mortgage superior to this Mortgage or waiver of any principal or interest payments on any note or mortgage superior to this Mortgage shall be deemed a breach of the terms and covenants of this Mortgage and the Mortgage hereof may,at his option,declare this Mortgage and the indebtedness secured hereby due and payable. 12. That the mailing of a written notice or demand, addressed to the owner,of record of the mortgaged premises, directed to the said owner at the last address actually furnished to the Mortgagee, or direct to the said owner at the said mortgaged premises, and placed in the United States Mail proper postage prepaid, shall be sufficient notice and demand in any case arising under this instrument and required by the provisions hereof or by law. 13, That in the event the Mortgagor should assign the rents of the mortgaged:premises or any part hereof,without the consent of the Mortgagee,then the entire principal sum secured hereby shall, at the option of the Mortgagee,become immediately due and payable. 14. To the extent of the indebtedness of the Mortgagor to the Mortgagee described herein or secured hereby,the Mortgagee is hereby subrogated to the lien or liens and to the rights of the owners and holders thereof of each and every mortgage,lien or other encumbrance on the land describe herein which is paid and/or satisfied,in whole or in part,out of the proceeds of the loan described herein or secured hereby, and the respective liens of said mortgages,liens or other encumbrances,shall be and the same and each of them hereby is preserved and shall pass to and beheld by the Mortgagee herein, as�security for the indebtedness to the Mortgagee herein described or hereby secured, to the same extent that it would have been preserved and would have passed to and been held by the Mortgagee and had it been duly and regularly assigned,transferred,set over and delivered unto the Mortgagee by separate deed of assignment notwithstanding the tact that the same may be satisfied and canceled of record, it being the intention of the parties hereto that the same will be satisfied and canceled of record by the holders thereof at or about the time of the recording of this Mortgage. i 15. If any of the sums of money herein referred to be not promptly and fully paid within fifteen calendar days next after the same severally come due and payable,or if each and every o j the stipulations, agreements, conditions and covenants of said promissory note and this mortgage, or either, are not duly performed, complied with and abided by, and aggregate sums mentioned in said Promissory Note then remaining unpaid with interest accrued to that time, and all monies secured hereby,shall become due and payable forthwith,or thereafter,at the option of the Mortgagee, as fully and completely as if all of the sums of money were originally stipulated to be paid on such day,anything in said note or in this;Mortgage to the contrary notwithstanding; and thereupon or thereafter at the option of said Mortgagee without notice or demand,suit at law or in equity may be prosecuted as if all monies secured.hereby have matured prior to its institution. 16. That it is the intention hereof to secure payment of said note and obligation whether the entire amount shalt have been advanced to the Mortgagor at the date hereot, or at a later date, and to secure any other amount or amounts that may be added to the mortgage indebtedness under the terms dt this instrument. The total amount of indebtedness secured hereby may decrease or increase trom time to time and this Mortgage snail secure any and all additional or other monies which may be advanced by Mortgagee to the Mortgagor after the date hereot, which Tuture advances of money, it made, shall be evidenced by a note or notes executed by the Mortgagor to the Mortgagee bearing such rate of interest and with such maturities as snail be determined trom time to time, but any and au such tuture advances secured by this Mortgage snail be made not more than five(b)years after the date thereof and shall not exceed the original principal amount. Nothing herein contained shaii be deemed an obiigation oil the part of the OR BOOK 3843 PAGE 905 Mortgagee to make any future advances. 17. That in the event the premises hereby mortgaged,or any part hereof,shall be condemned and take for public use under the power of eminent domain,the Mortgagee shall have they right to demand that all damages awarded for the taking of or damages to said premises shall be paid to the Mortgagee, its successors or assigns, up to the amount then unpaid on this Mortgage and may be applied upon the payment or payments last payable thereon. 18. The Mortgagor shall,within five(5)days from written demand by the mortgagee, execute in such form as shall be required by the Mortgagee, an estoppel certificate and waiver of defenses, duly acknowledged,setting forth the amount of principal and interest unpaid hereunder and the'general status of said mortgage, and the failure of the Mortgagor to make and deliver said estoppel certificate and waiver of defenses within the time aforesaid shall constitute a default and a breach of this Mortgage and shall entitle this holder hereof to declare all of the unpaid principal balance immediately due and payable. 19. It is specifically agreed that time is of the essence to this Mortgage and the Promissory Note and that no waiver of any obligation hereunder of the obligation secured hereby shall at any time thereafter be held to be a waiver of the terms hereot or of the instrument secured hereby. 20. It is understood and agreed that the Mortmee may at anv time, without notice to anv person, orant to the Mortoaoor anv modification of anv kind or nature whatsoever. or allow anv chance or chanoes. substitution or substitutions of anv of the property described in this Mortoaae or anv other collateral which may be held by the Mortgagee without in any manner affecting the liabilitvlof the Mortgage; anv endorsers of the indebtedness, hereby secured or any other person for the payment of said indebtedness together with interest and any other sums which may be due and payable to the Mortgage and also without in any manner affecting or impairing the lien of this Mortgage upon the remainder of the property and other collateral which is not changed or substituted;and it is also understood and agreed that the Mortgagee may at any time,without notice to any person, release any portion of the property described in this Mortgage or any other collateral,or any property described in this Mortgage or any other collateral,or any portion of any other collateral which may be held as security for the payment of indebtedness hereby secured, either with or without any consideration for such release or releases, without in any manner affecting the liability of the Mortgagor,all endorsers, if any, and all other persons who are,or shall be liable for the payment of said indebtedness,without affecting,disturbing or impairing in any manner whomever the validity and priority of the lien of this Mortgage for full amount of the indebtedness remaining unpaid, together with all interest and advances which shall become payable, upon the entire remainder of the mortgaged property which is unreleased, and without in any manner affecting or impairing to any extent whatsoever any and all other collateral security which may be held by,the Mortgaged.. It is distinctly understood and agreed by the Mortgagor and the Mortgagee that any release or releases nay be made by the Mortgagee with the consent or approval of any other person or persons whomsoever. 21. A conveyance,transter or exchange of the subject property without the express written consent of the Mortgagee shall entitle the Mortgagee,at his option,to declare immediately due and payable the entire unpaid principal balance of the promissory note hereby secured,anything contained herein or in said promissory note to the contrary notwithstanding. 22. If the Mortgagor defaults in the performance of any of Mortgagor's covenants and agreements contained herein,and the said defauit can be cured by the payment of money;Mortgagee shall have the right at any time, and without waiving or affecting his option to foreclose or;any other rights hereunder,to pay such sums of money as may be necessary or required to cure the default, and all sums so paid shall forthwith upon payment thereof,together with interest thereon at the default rate and any and all costs, charges, abstract fees, attorney's fees and other expenses incurred or expended in connection i OR BOOK 3843 PAGE 906 i i I i with the said payment, be due and payable from the Mortgagor to the Mortgagee,and the,Mortgagee shall stand as security therefore, and any sum so paid shall be deemed an indebtedness in addition to the indebtedness hereby secured. i 23. In order to satisfy this mortgage, the payoff funds must be paid only by a local bank cashier's check or wire transfer. Once the funds have cleared, Mortgagee shall deliver to it, a Mortgagor a Satisfaction executed in recordable form, and return the original documents herein.The Mortgagor shall be responsible for the recording the said Satisfaction in the county public records. 24. Mortgagor stipulates and submits to the jurisdiction of the Circuit Court of Saint Lucie County, FL, admits as true the authenticity of the Mortgage and Note;waives the right to assert or file: (i) affirmative detenses.to any Complaint;and(ii)permissive or mandatory counterclaims against Mortgagee or any of its predecessors in interest,subsidiaries,affiliates,officers,directors,agents or attotneys,except for any claims which might exist solely related to Mortgagor's rights to receive notice and have an opportunity to cure a detault after this date and that Mortgagee shall have the right of an immediate judgment in this lawsuit based upon the admissions contained herein. 5. It shall be presumed that if Mortgagor, throuqh subsequent pleading, denies the 11 allegations of the Complaint. or otherwise files affirmative defenses or counterclaims, that such filings are paid in bad faith and for the sole purpose of hindednq and delaying the lawsuit. 26. The parties herein expressly agree that the un-enforceability of any term contained herein shall not affect the enforceability of all of the other terms contained herein. i i i i The remainder of this page left intentionally blank, i i i I i I i i I i f I I I OR BOOK 3843 PAGE 907 i p • f{� 9 { I IN WITNESS WHEREOF, the Mortgagor on the day and year first above written has executed these presents under seal;in the manner prescribed by law. Signed,sealed and delivered in the presence of: ry DRMCGEE,LLC Witn ssI`t l<� DONALD R. MCGEE,AMBR 598 Palomar Street,Fort Pierce,FL 34951 � I Witness S <� 74, 7`'j' 6'(Ve/l j STATE OF FLORIDA COUNTY OF SAINT LUCIE The foregoing instrument was acknowledged before me on this 29th day 'of February, 2016 by DONALD R. MCGEE, AMBR.OF DRMCGEE, LLC a Florida Limited Liability Company who produced Driver's License as identification and who did not take an oath. Q ,l NOTARY PUBLIC I �I irs�v°w''r'•,,� SUSAN A.BOD _, �s Notary Public-statFlorida Commission#FMy CommExpires J I i p i i a 9 1 P f p f i a I I 1 a i i i jy1 I Fetter of Agreement 19333 W 3 . Country Club Drive#1822 Aventura,Florida 33180 April 30,2017 Richard McGee on Behalf of Investment Hunting LLC &DRMcGEE LLC 328 Pandora Ave Fort Pierce, Florida 34951 Dear Richard McGee on Behalf of Investment Hunting LLC&DRMcGEE LLC: This'letter(the "Agreement") summarizes my understanding of the agreement that we reached on April 30,2017 after our meeting. If this Agreement is acceptable to you,please sign below in the space designated for your signature. As I understand it,we have agreed as follows: 1. Agreement It is my understanding we have agreed to the following in regards to: The transfer of the . properties owned by Investment Hunting LLC and DRMcGEE LLC And Mortgaged by Sandra Simon Trust. Richard McGee as anticipated Executor of the Estate of Donald McGee which is the owner of Investment Hunting LLC and DRMcGEE LLC hereby agrees to: Transfer Immediate Control and Management of Properties listed below owned by Investment Hunting LLC and DRMcGEE LLC to-the Mortgagee Sandra Simon Trust. Execute Immediately Quit Claim Deeds on each of the Properties listed at which time he is named Executor of Donald McGee's Estate. Sandra Simon Trust Mortgagee of Properties listed below herby agrees to: Except Properties as Deed In Lieu of Foreclose excepting all debt and responsibility of properties listed below. Satisfy all Debt of Mortgages,Promissory Notes and uncollected loans owed by Investment Hunting LLC,DRMcGEE LLC and Donald McGee upon successful Transfer of ownership to Sandra Simon Trust on Properties listed below. PROPERTIES: *193 Liberty Way Fort Pierce FL 34951, *158 Liberty Way Fort Pierce FL 34951, * 152 Liberty Way Fort Pierce FL 34951 *130 Imperial� rty y Way Fort Pierce,FL 34951, 133 i This is a RocketLawyer.com document. i i Imperial Way Fort Pierce FL 34951, *149 Imperial Way Fort Pierce FL 34951,*179 Imperial Way Fort Pierce FL 34951, *318 Pandora Ave. Fort Pierce FL 34951, *328 Pandora Ave.Fort Pierce FL 3495131 *572 Palomar St Fort Pierce FL 34951, * 598 Palomar St Fort Pierce FL 34951, *119 Vindale Ave.Fort Pierce FL 34951,&*129 Vindale Ave.Fort Pierce FL 34951 **Along with Mobile homes as seen 4/30/17 2.Term The term of this Agreement("Term")will commence as of April 30,-20;17, and will e 1 2017 at which point it shall terminate unless the Term continue in effect until October 3 , p , ,I is extended or terminated earlier in a written document signed by both of us in the manner described in Paragraph 5 of this Agreement or as otherwise provided for in this Agreement. j 3.Force Majeure Neither of us will be liable to the other for any loss,damage or default;occasioned by .strike, civil disorder, governmental decree or regulation,acts of God or any other force majeure(collectively, a"Force Majeure Event").We agree that upon conclusion of a Force Majeure Event,each of us will use commercially reasonable means to recommence full performance of our obligations under this Agreement. 4.Notice Any notices to be given under this Agreement by either of;us may be effected either by personal delivery in writing or by mail,registered or certified,postage prepaid with return receipt requested to the addresses set forth in this Agreement unless one of us notifies the other,in writing,of a change of address. 1 5.No Other Agreement This Letter of Agreement contains the entire agreement between us.No part of this Letter of Agreement may be changed,modified, amended or supplemented except in a written document, signed by both of us which specifically states that the document is being signed for the purposes of modifying this Agreement.Each of us acknowledges and agrees that the other has not made any representations,warranties or agreement f any kind,except as is expressly described in this Agreement. 6. Governing Law This Agreement shall be interpreted in accordance with the laws of Florida.In interpreting . this contract,we each hereby acknowledge that we have mutually agreed to the terms of this Agreement and thus waive the protections of any law or statute which provides that in the case of uncertainty not removed by the laws relating to the interpretation of the contracts,the language of a contact should be interpreted against the.��drafter of the contact. . Further,we agree that in the event that any one or more of the provisions of this unenforceable in an respect the Agreement shall be found to be invalid,illegal,or y validity, legality, and enforceability of the remaining provisions contained herein shall not be in any way affected or impaired. i This is a Rodwd awyer.com document 1 7.Attorney's Fees ! Vie agr th If any a n is commenced t orce any cla' and,debt,action, cause o ac ' li ,cost,right,d or obligation pr ' ed herein, or if lion is co �d enforce any of provisions of thi Bement,the pie ' mg party in such an a 'a all be entitle ' addition to any er remedies,to and of out-of-pocket att ey's fees,inclu ' g all actual costs' erred by the pre ' g party. 8.Remedy of the Parties j Except as otherwise specifically provided for in this Agreement, in the event one of us is in default or in breach of any of the material provisions of this Agreement and fails to cure the default or breach-within ten(10)days after written notice of such default or breach by the other,the non'-breaching party shall have the right to terminate this Agreement. 9. Assignment This Agreement shall only be assignable or transferable by one of us upon the written approval from the other. i 10.Relationship of the Parties a It is understood and agreed that this Agreement does not create a partnership,joint venture or employment relationship of any kind between us;that,each of us is acting as independent contractors with respect to each other;and that none of the employees of either of us will be deemed to be employees of the other for any purpose. 11.Termination � Either of us shall-have the right,fo with and without Phther notice,to,terminate this Agreement by written notice to a other,upon the urrence of any of a followin events: (a)A breact or d ul of a provision of ' Agreement which ' not cured 'thin the period set f rth agraph 8 of this Bement; (b)A For jeure Event that times for a period f thirty(3Q) ;'ys;or (c)The d th or incapacity o either of us during a Term. ; In th event of a t 'on, any moneys on the date of ination shall be ediately due an ayable. i 12.Headings Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. j f If the above correctly expresses your understanding of the terms reached during our negotiations, please sign and date a copy of this Agreement and return the signed and dated 'Agreement to me. i This is a Rockets awyercom document i Sandra Simon Trust of February 28, 1985 19333 W. Country Club Drive#1822 I Aventura,Florida 33180 Accepted and agreed to on " l^ , = ,20 /-7by I Richard McGee on Behalf of Investment Hunting LLC&DRMcGEE LLC i i I I ' i i i j I� i i i I / I 9 1 I I 1 This is a RocketLawyer.com document i