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Filing # 151981813 E-Filed 06/22/2022 02:16:48 PM
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT
IN AND FOR DUVAL COUNTY, FLORIDA
FIRST NIAGARA BANK, NATIONAL
ASSOCIATION;
Case No.: 2016-CA-002283
Plaintiff;
Vv. Judge: Foreclosure Judge
JENNIFER C. TAYLOR; KENNITH L.
TAYLOR; COMMUNITY ASSOCIATION
OF DEER RIDGE, INC.; et al.;
Defendants.
/
NOTICE OF APPEARANCE FOR DEFENDANT JENNIFER C. TAYLOR N/K/A
JENNIFER C. BATCHELOR’S ASSIGNEE, GET LIQUID FUNDING, LLC
The Clerk of the Circuit Court will please enter the appearance of the undersigned attorney
for Defendant Jennifer C. Taylor n/k/a Jennifer C. Batchelor’s exclusive Assignee, GET LIQUID
FUNDING, LLC, for all matters (see attached Recovery Agreement & Full Assignment). Please
direct all pleadings, correspondence and other documents or papers directly to the office of the
undersigned (all copies and notices to said Defendant directly should continue to be sent to her
address of record).
Pursuant to Florida Rule of Judicial Administration 2.516, for service of all documents
required to be served in this proceeding, the undersigned hereby designates her primary and
secondary email addresses in the signature block below.
I HEREBY CERTIFY that a true and correct copy of the foregoing was provided to all
parties listed on the attached Service List by U.S. Mail and/or Email this 22"! day of June, 2022.
LAW OFFICES OF MEGAN D. WIDMEYER, P.A.
Attorneys for Defendant Jennifer C. Taylor’s
exclusive Assignee, Get Liquid Funding, LLC
One East Broward Blvd., Suite 700
Fort Lauderdale, FL 33301
Tel: (954) 745-7476
Cell: (954) 494-1546
Primary: megan@widmeyerlaw.com
Secondary: mdwidmeyer@yahoo.com
By /s/ Megan D. Widmeyer
Megan D. Widmeyer
Florida Bar No.: 643556
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 06/22/2022 03:22:48 PM
SERVICE LIST — FIRST ARA BANK, N.A. V. TAYLOR, et al.
Jennifer Kopf, Esq.
2424 North Federal Highway, Suite 360
Boca Raton, FL 33431
jkopf@logs.com
Community Association of Deer Ridge, Inc.
c/o Gerald Dake & Associates, Inc., R.A.
13617 Atlantic Boulevard
Jacksonville, FL 32225
Jennifer C. Taylor
c/o Robert J. Slama, Esq.
6817 Southpoint Pkwy., Suite 2504
Jacksonville, FL 32216-8200
legalsecretary] @robertjslamapa.com
Kennith L. Taylor
8595 Beach Blvd.
Jacksonville, FL 32216
Kennith L. Taylor
1700 Mindanao Drive
Jacksonville, FL 32246
Any other parties listed in the e-Filing Portal for service.
Recovery Agreement & Full Assignment
as
This Recovery Agreement & Full Assignment (th e “Agreement”) is made between Jennifer
Cc Batchelor, (the “Customer”), with a mailing address of:
Telephone Number: and an email address of
and Get Liquid Funding, LLC, a Florida limited liability
company primarily engaged in the business of foreclosure surplus recovery and tax deed
auction/tax certificate surplus recovery, with a mailing address of: 2290 10th Ave N Ste 202 Lake
Worth , Florida 33461, Tel: (888) 944-4835
I RECITALS
A. The parties agree that with the Customer's signature below, the Customer exclusively
and permanently appointments Get Liquid Funding, LLC (“Assignee”) as his/her/their/its exclusive
Assignee to identify the existence of and/or take all reasonable steps necessary to recover/claim
any and all surplus funds and/or other monies due to Customer as a result of the forced sale of real
property situated at 10962 MINDANAO DR S, JACKSONVILLE, FL,32246, Duval Florida (the
“Property”); ParcelNo.: 162843-4555. The parties acknowledge that said sale has or is scheduled
to occur on 07/12/2021, but further acknowledge and agree that this Agreement survives any and
all vacations/voids of existing sales and/or sale reset dates, and is a permanent, exclusive and non-
expiring assignment, sale and/or transfer by Customer of all of his/her/their interest in said surplus
funds to the Assignee which cannot be cancelled or otherwise rescinded without the express written
approval of the Assignee, which Assignee is in no way obligated to do under any circumstances
unless Assignee in its sole discretion so elects.
B ACKNOWLEDGMENT OF CONSIDERATION AND PERMANENT TRANSFER OF
INTEREST; NON-EXPIRING TERM: Customer acknowledges and agrees that the surplus funds
which may be available to Customer may not have been discovered and/or easily obtained without
the assistance of Assignee, and for that and other good and valuable consideration, the receipt of
which Customer hereby acknowledges, Customer hereby fully, completely and permanently
assigns, sells, and/or transfers his/her/their entire right, title, claim to and/or interest in any and
all surplus/overbid funds (“surplus”) associated with the Property to Assignee
Customer further expressly acknowledges and agrees that said assignment, sale
and/or transfer is non-expiring and permanent, and cannot be rescinded without the express
written agreement of Assignee (which Customer explicitly agrees Assignee is under no obligation
to consider or offer at any time). The parties further agree that in exchange for said non-expiring
assignment/sale/transfer of Customer's entire interest as set forth herein, Assignee will make all
reasonable efforts (as determined in the sole discretion of Assignee) to claim any and all of the
overbid and/or surplus funds resulting from the sale of the Property which are due to Customer.
C. vOLINTARY ASSIGNMENT: pustomer understands and specifically acknowledges
that h anyone othe
company in order to claim the surplus funds, but further expressly acknowledges and agrees that it
is beneficial to Customer to hire Assignee to assist in claiming same, in that Assignee provides in
good faith to the Customer valuable non-legal advice, convenience, expertise, advancement against
available surplus funds where possible (as determined in the sole discretion of Assignee),
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J.B [—Pagetofat
advancement of legal fees as needed, desirable and/or appropriate (as also determined in the sole
discretion of Assignee), and/or other valuable services. Customer enters into this Agreement with
Assignee willingly and with the understanding that in order to seek possible recovery upon
his/her/their own initiative, Customer would be required to expend time, effort and money,
including but not limited to the possible retention of outside counsel to seek the recovery of the
overbid/surplus funds (though the parties again acknowledge that an attorney is not required by
law).
D. ACKNOWLEDGMENT THAT ASSIGNEE AND ITS AGENTS ARE NOT ATTORNEYS AND
AUTHORIZATION FOR ASSIGNEE TO SELECT AND RETAIN AN ATTORNEY: Customer hereby
acknowledges that agents/employees
Assignee and its are not attorneys, and cannot, has/have not,
and is/are not expected to provide Customer with legal advice. Customer understands that if
Customer desires legal advice, Customer must retain his/her/their own attorney. Customer further
fully grants /assigns to Assignee full authority and sole discretion to decide on his/her/their behalf
whether an attorney is needed and/or desirable to assist it in obtaining a successful outcome in the
surplus claims process, and, if so, which attorney to select. Customer further authorizes any such
attorney selected by Assignee to file in Customer's name with the Court, the Clerk of Court and/or
any other relevant entity any and all necessary documents in furtherance of Assignee’s efforts to
claim and/or collect Customer's assigned/sold surplus funds pursuant to this
Agreement/Assignment. Customer further expressly approves Assignee’s advancement of any and
all attorneys’ fees and costs that Assignee deems advisable and/or desirable in its efforts to
successfully claim and/or collect the surplus funds, and understands and expressly agrees that same
shall be paid from Customer's portion of the net surplus funds under this Agreement/Assignment.
E SCOPE AND LIMITATIONS OF ATTORNEY REPRESENTATION OF ASSIGNEE:
Customer understands and acknowledges that the representation of any attorney hired by Assignee
to assist it in claiming the surplus funds assigned/sold/transferred to it by Customer is limited to
the claiming of said surplus funds.
In_no event shall said representation include any efforts to assist Customer in
attempting to cancel, vacate and/or delay the sale of the Property and/or to otherwise stop the sale
of the Property. Additionally, if Assignee has provided a cash advance to Customer, Customer agrees
that it shall not use any portion of said cash advance to support any effort to cancel, vacate and/or
delay the sale of the Property and/or to otherwise stop the sale of the Property, and any such usage
of the cash advance shall constitute a material breach of this Agreement resulting in liquidated
damages as set forth below.
If Customer takes any action to cancel, vacate, and/or otherwise stop the sale of the
Property and is successful such that there is no surplus, then Customer agrees that within 30 days
of demand for same, he/she/they shall fully repay to Assignee any advances provided to Customer,
along with its attorneys’ fees and any other costs incurred up to the date the sale is cancelled (not
to be reset), vacated, or the Propertyis otherwise no longer subject to forced sale (as determined in
Assignee’s sole discretion). If Customer fails to repay the above advances, fees and/or costs as set
forth above, then the Customer acknowledges and agrees that Assignee will at that time be entitled
to liquidated damages in the amount of the balance due to Assignee plus (beginning on the 31% day)
interest at the allowable statutory rate. Customer further agrees that Assignee shall be entitled to
a Consensual Lien against any real property owned or purchased in the future by Customer in whole
or in part, and that Assignee has the right to record both the Lien and a Lis Pendens against any such
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real property and/or to seek collection of said liquidated damages/balance due through any other
available legal means, for which collection costs Customer also agrees he/she/they shall be solely
responsible.
Customer also acknowledges and agrees that Assignee is not required, either itself or
through any selected attorney, to challenge any claims made by other lienors and/or debtors, but
that Assignee may do so if in its sole discretion it deems it advisable and/or desirable to bring such
a challenge.
F. WAIVER OF CONFLICT OF INTEREST: Customer also hereby fully acknowledges that
conflicts of interest may occur between Customer and Assignee which put their respective interests
at odds. Customer expressly waives any and all such conflicts of interest and/or the right to object
to same in favor of Assignee, and further acknowledges and agrees that any attorney selected by
Assignee pursuant to this Agreement may continue to represent Assignee without reservation, even
if said representation is in conflict with Customer's interests, as any such attorney's acknowledged
job is to assist Assignee in collecting Customer's assigned/sold/transferred interest in the surplus
funds on behalf of Assignee under the terms of this Agreement (and not to represent Customer's
interests directly).
G COOPERATION OF CUSTOMER; WAIVER OF NOTICE AND APPEARANCE UNLESS
REQUIRED: Customer agrees to promptly answer/return all calls and requests made by Assignee
and/or its attorney, if any, and to otherwise fully cooperate with Assignee and/or its attorney as
needed to assist in obtaining the overbid/surplus funds. Customer waives the receipt of all Notices
relating to the Assignee’s efforts to claim said surplus funds, including but not limited to notices of
hearing, copies of motions, pleadings, and the like, and further waives his/her/their appearance at
any and all hearings related to Assignee’s claim of the surplus funds unless specifically requested
by Assignee and/or ordered by the Court (in which case Customer agrees to attend any such hearing
as requested and/or ordered, and further agrees that failure to do so constitutes a material breach
of this Agreement).
H ACKNOWLEDGMENT OF POSSIBLE LENGTH OF CLAIMS PROCESS: The parties
acknowledge that the claims process may take months-- in some cases more than 12 months--
depending on the requirements of the Court, Clerk of Court, and/or other applicable agencies
involved in the processing of surplus claims and disbursement of funds. Assignee agrees to take all
reasonable steps necessary to advance its claims of Customer's surplus unless and until Assignee
deems it no longer practical and/or desirable to do so in its sole discretion.
I NO FEES OR COSTS IF NO SURPLUS COLLECTED: If other superior claims are made
against the surplus by banks, mortgagees, government agencies, Homeowners or Condominium
Associations, and/or any other entity with an interest in the surplus superior to Customer's interest
(prior to assignment/sale/transfer to Assignee) such that there remain no surplus funds to be
claimed by Assignee, the parties agree that Customer shall not be responsible for any fees and costs
incurred by Assignee, including but not limited to attorney's fees and costs, except for cash advances
made to Customer, which the parties agree shall be repaid as set forth below. NOTE: This section
specifically does not include any third party claims made by Assignee’s competitors and/or by or at
the behest of Customer, as the parties agree that such claims constitute a material breach of this
agreement and Customer agrees that any such breach shall result in liquidated damages as set forth
below.
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J REPAYMENT OF CASH ADVANCES: If Assignee has provided a cash advance to
Customer against the expected surplus funds and for any reason Customer's net surplus is
insufficient to repay said cash advance(s) and/or other circumstances arise (as determined in the
sole discretion of Assignee) that cause Assignee not to be fully repaid from the surplus funds,
Customer agrees that he/she/they shall be solely responsible for repayment of all such advances
within 90 days of Assignee’s demand for same. If Customer fails to make said full repayment within
the 90 day period, then beginning on the 91* day after demand for payment has been made, interest
on the unpaid balance due shall begin to accrue at the allowable statutory rate, Assignee shall be
entitled to a Consensual Lien against any real property owned and/or purchased in the future by
Customer in whole or in part, and Assignee has the right to record both the Lien and a Lis Pendens
against any such real property and/or to seek collection of said balance due through any other
available legal means, for which collection costs Customer agrees he/she/they shall be solely
responsible.
K. NO COMPETING AGREEMENTS; EFFECT OF BREACH; CONSENT TO IMPOSITION OF
LIEN(S): Customer hereby acknowledges and agrees that Customer's breach of any term of this
Agreement is a material breach of this Agreement. If Customer breaches this Agreement in any way,
including but not limited to failing to cooperate with Assignee’s efforts to claim and collect the
surplus Customer has assigned to Assignee and/or executing competing contracts with any third
party competitor which in any way attempt to interfere with the Assignee’s exclusive ownership of
Customer's assigned/sold/transferred interest in the surplus funds or otherwise impede Assignee’s
ability to perform and make its claims under this Agreement, Customer acknowledges and agrees
that, regardless of whether this Agreement is upheld and/or honored in the original claims process,
Assignee shall be entitled to liquidated damages in the full amount owed to it in fees as set forth
below, plus interest and any and all attorney's fees and costs associated with the enforcement of
same, including but not limited to trial and appellate fees and costs. In the event that there is a
dispute regarding this Agreement between Assignee and Customer and/or Assignee and any other
company Customer may have contracted with, Customer agrees that 100% of the surplus funds at
issue shall be held in escrow by the Court Registry and/or GLF's attorney, as appropriate under the
circumstances until such time as said dispute is resolved, including separate enforcement actions
and appeals, and further agrees that Assignee may place a lien upon any and all property, whether
real or personal at the time any such breach occurs (in the sole discretion of Assignee), and that
satisfaction of said lien(s) shall include but not be limited to the principal liquidated damages,
statutory interest, and costs of collection, including but not limited to attorney’s fees and costs.
L. FEE STRUCTURE: The parties agree that Customer shall be entitled to 88% of the net
amount of the overbid/surplus funds, and that Assignee shall be entitled to 12 % of the
overbid/surplus funds. Customer acknowledges that during the course of making the
overbid/surplus claim, it will become necessary for the Assignee to accrue certain fees and costs
(including but not limited to attorney's fees and costs as set forth herein) in furtherance of its
claim(s) on behalf of Customer, and Customer agrees that Assignee shall be reimbursed for same
from Customer's net portion of the surplus funds prior to any disbursement to the Customer.
M. PAYMENT OF COLLECTED FUNDS: The parties agree that any and all funds collected
by Assignee shall be paid directly to Assignee and delivered to its usual place of business or, if an
attorney has assisted in the surplus claims process, to its selected attorney's trust account and
delivered to said attorney's usual place of business. Customer specifically and fully authorizes
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Assignee and its attorney, if any, to disburse any collected funds to all parties as mandated by the
terms of this agreement and/or the terms of any relevant Court Order without further notice to or
consent from Customer.
N. NO GUARANTEE OF SUCCESS: The parties agree that this Agreement does not
guarantee a successful recovery of any Overbid or surplus funds amount and the actual recovery
may be zero dollars. Customer fully acknowledges that the likelihood of a positive recovery will be
adversely affected if the Property was encumbered by a mortgage lien or any other liens or
judgments at the time of the foreclosure sale. Assignee in its sole discretion will determine whether
or not success under the terms of this Agreement is possible/worth seeking as circumstances
develop in the claims process.
Il. GENERAL PROVISIONS
A ENTIRE AGREEMENT: The parties agree that this written instrument represents and
contains the entire agreement of the parties, and that any promises, inducements, terms, etc., which
are not included herein are not part of the parties’ agreement and are waived.
B TIME TO REVIEW; TERMS JOINTLY AGREED: The parties agree and individually
warrant that each has had adequate time to review and consider the various terms of this
Agreement, each has equally negotiated its various terms such that neither party should be deemed
the sole or primary author of same for purposes of legal interpretation, and each understands all of
its terms or waives the opportunity to seek further information. Each party further warrants by
their respective signatures that each has entered into this Agreement freely, knowingly and
voluntarily and without emotional strain or duress which would otherwise render this Agreement
invalid. Customer further acknowledges Assignee’s good faith and fair dealings with regard to the
negotiation of and performance under this Agreement.
C. CONSENT TO PERSONAL JURISDICTION; PREVAILING PARTY ATTORNEY'S FEES:
The parties agree that Jurisdiction and venue for issues relating to this Agreement shall be in the
circuit court in Palm Beach County, Florida, and Customer gives specific consent to personal
jurisdiction him/her/it regardless of the state of Customer's primary residence/business. Each
party hereby waives any objection that it may have based upon lack of personal jurisdiction, improper
venue or forum non conveniens. IN ANY SUCH PROCEEDINGS, EACH PARTY HEREBY
KNOWINGLY AND WILLINGLY WAIVES AND SURRENDERS SUCH PARTY’S RIGHT TO
TRIAL BY JURY AND AGREES THAT SUCH LITIGATION SHALL BE TRIED TO/BY A JUDGE
SITTING ALONE AS THE TRIER OF BOTH FACT AND LAW, IN A BENCH TRIAL WITHOUT A
JURY. If either party is required to retain an attorney to enforce this agreement or with regard to
any issue relating to this Agreement arising under Florida law, then the prevailing party will be
entitled to a reasonable attorney fee costs, including appellate attorney's fees. This Agreement shall
be interpreted and/or enforced under the laws of the State of Florida.
D. DISCLOSURE OF RECORDED PHONE CALLS: The Customer hereby acknowledges
that Assignee may record any and all calls between Customer and Assignee on any telephone line,
whether Customer is notified at the time of the call or not, for quality assurance and confirmation
purposes, and consents fully tosame. Customer further agrees that any and all such recordings are
the sole property of the Assignee, and the Customer waives any right to same.
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E ACKNOWLEDGMENT OF VERACITY OF DIGITAL/ELECTRONIC SIGNATURES FOR
CONVENIENCE: Customer hereby acknowledges and agrees that he/she/they may sign this
Agreement electronically for convenience and/or efficiency, and therefore agrees that
his/her/their/its signature in Docusign or other electronic/digital form carries the same legal
weight and effect of his/her/their physical signature and waives his/her/their right to challenge
same.
F. TITLES FOR CONVENIENCE ONLY: Customer further acknowledges and agrees that
any and all titles used in this Agreement are for convenience and general reference only, and said
titles are in no way meant as a limiting or specific description of each and every term contained said
title’s following paragraph(s).
FINANCIAL DISCLOSURE
Approximate Assessed Value of Property: $154,000.00
NOTE: The assessed value may be lower than the actual value of the property
Approximate amount of known debt encumbering the property: $97,411.86
Approximate amount of known equity in the property: $56,588.14
EFFECTIVE DATE OF THIS AGREEMENT is the date of the Customer’s execution.
Jeaulfer C Batchelor Jallue DaCosta
2021-07-06 2021-07-06
Jennifer C Batchelor DATE JAIME DACOSTA DATE
CEO, GET LIQUID FUNDING, LLC
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Preview
Filing # 151981813 E-Filed 06/22/2022 02:16:48 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA FIRST NIAGARA BANK, NATIONAL ASSOCIATION; Case No.: 2016-CA-002283 Plaintiff; Vv. Judge: Foreclosure Judge JENNIFER C. TAYLOR; KENNITH L. TAYLOR; COMMUNITY ASSOCIATION OF DEER RIDGE, INC.; et al.; Defendants. / NOTICE OF APPEARANCE FOR DEFENDANT JENNIFER C. TAYLOR N/K/A JENNIFER C. BATCHELOR’S ASSIGNEE, GET LIQUID FUNDING, LLC The Clerk of the Circuit Court will please enter the appearance of the undersigned attorney for Defendant Jennifer C. Taylor n/k/a Jennifer C. Batchelor’s exclusive Assignee, GET LIQUID FUNDING, LLC, for all matters (see attached Recovery Agreement & Full Assignment). Please direct all pleadings, correspondence and other documents or papers directly to the office of the undersigned (all copies and notices to said Defendant directly should continue to be sent to her address of record). Pursuant to Florida Rule of Judicial Administration 2.516, for service of all documents required to be served in this proceeding, the undersigned hereby designates her primary and secondary email addresses in the signature block below. I HEREBY CERTIFY that a true and correct copy of the foregoing was provided to all parties listed on the attached Service List by U.S. Mail and/or Email this 22"! day of June, 2022. LAW OFFICES OF MEGAN D. WIDMEYER, P.A. Attorneys for Defendant Jennifer C. Taylor’s exclusive Assignee, Get Liquid Funding, LLC One East Broward Blvd., Suite 700 Fort Lauderdale, FL 33301 Tel: (954) 745-7476 Cell: (954) 494-1546 Primary: megan@widmeyerlaw.com Secondary: mdwidmeyer@yahoo.com By /s/ Megan D. Widmeyer Megan D. Widmeyer Florida Bar No.: 643556 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 06/22/2022 03:22:48 PM SERVICE LIST — FIRST ARA BANK, N.A. V. TAYLOR, et al. Jennifer Kopf, Esq. 2424 North Federal Highway, Suite 360 Boca Raton, FL 33431 jkopf@logs.com Community Association of Deer Ridge, Inc. c/o Gerald Dake & Associates, Inc., R.A. 13617 Atlantic Boulevard Jacksonville, FL 32225 Jennifer C. Taylor c/o Robert J. Slama, Esq. 6817 Southpoint Pkwy., Suite 2504 Jacksonville, FL 32216-8200 legalsecretary] @robertjslamapa.com Kennith L. Taylor 8595 Beach Blvd. Jacksonville, FL 32216 Kennith L. Taylor 1700 Mindanao Drive Jacksonville, FL 32246 Any other parties listed in the e-Filing Portal for service. Recovery Agreement & Full Assignment as This Recovery Agreement & Full Assignment (th e “Agreement”) is made between Jennifer Cc Batchelor, (the “Customer”), with a mailing address of: Telephone Number: and an email address of and Get Liquid Funding, LLC, a Florida limited liability company primarily engaged in the business of foreclosure surplus recovery and tax deed auction/tax certificate surplus recovery, with a mailing address of: 2290 10th Ave N Ste 202 Lake Worth , Florida 33461, Tel: (888) 944-4835 I RECITALS A. The parties agree that with the Customer's signature below, the Customer exclusively and permanently appointments Get Liquid Funding, LLC (“Assignee”) as his/her/their/its exclusive Assignee to identify the existence of and/or take all reasonable steps necessary to recover/claim any and all surplus funds and/or other monies due to Customer as a result of the forced sale of real property situated at 10962 MINDANAO DR S, JACKSONVILLE, FL,32246, Duval Florida (the “Property”); ParcelNo.: 162843-4555. The parties acknowledge that said sale has or is scheduled to occur on 07/12/2021, but further acknowledge and agree that this Agreement survives any and all vacations/voids of existing sales and/or sale reset dates, and is a permanent, exclusive and non- expiring assignment, sale and/or transfer by Customer of all of his/her/their interest in said surplus funds to the Assignee which cannot be cancelled or otherwise rescinded without the express written approval of the Assignee, which Assignee is in no way obligated to do under any circumstances unless Assignee in its sole discretion so elects. B ACKNOWLEDGMENT OF CONSIDERATION AND PERMANENT TRANSFER OF INTEREST; NON-EXPIRING TERM: Customer acknowledges and agrees that the surplus funds which may be available to Customer may not have been discovered and/or easily obtained without the assistance of Assignee, and for that and other good and valuable consideration, the receipt of which Customer hereby acknowledges, Customer hereby fully, completely and permanently assigns, sells, and/or transfers his/her/their entire right, title, claim to and/or interest in any and all surplus/overbid funds (“surplus”) associated with the Property to Assignee Customer further expressly acknowledges and agrees that said assignment, sale and/or transfer is non-expiring and permanent, and cannot be rescinded without the express written agreement of Assignee (which Customer explicitly agrees Assignee is under no obligation to consider or offer at any time). The parties further agree that in exchange for said non-expiring assignment/sale/transfer of Customer's entire interest as set forth herein, Assignee will make all reasonable efforts (as determined in the sole discretion of Assignee) to claim any and all of the overbid and/or surplus funds resulting from the sale of the Property which are due to Customer. C. vOLINTARY ASSIGNMENT: pustomer understands and specifically acknowledges that h anyone othe company in order to claim the surplus funds, but further expressly acknowledges and agrees that it is beneficial to Customer to hire Assignee to assist in claiming same, in that Assignee provides in good faith to the Customer valuable non-legal advice, convenience, expertise, advancement against available surplus funds where possible (as determined in the sole discretion of Assignee), 1 Document Ref: THBNQ-PTSCE-Y7IAN-W76N8 J.B [—Pagetofat advancement of legal fees as needed, desirable and/or appropriate (as also determined in the sole discretion of Assignee), and/or other valuable services. Customer enters into this Agreement with Assignee willingly and with the understanding that in order to seek possible recovery upon his/her/their own initiative, Customer would be required to expend time, effort and money, including but not limited to the possible retention of outside counsel to seek the recovery of the overbid/surplus funds (though the parties again acknowledge that an attorney is not required by law). D. ACKNOWLEDGMENT THAT ASSIGNEE AND ITS AGENTS ARE NOT ATTORNEYS AND AUTHORIZATION FOR ASSIGNEE TO SELECT AND RETAIN AN ATTORNEY: Customer hereby acknowledges that agents/employees Assignee and its are not attorneys, and cannot, has/have not, and is/are not expected to provide Customer with legal advice. Customer understands that if Customer desires legal advice, Customer must retain his/her/their own attorney. Customer further fully grants /assigns to Assignee full authority and sole discretion to decide on his/her/their behalf whether an attorney is needed and/or desirable to assist it in obtaining a successful outcome in the surplus claims process, and, if so, which attorney to select. Customer further authorizes any such attorney selected by Assignee to file in Customer's name with the Court, the Clerk of Court and/or any other relevant entity any and all necessary documents in furtherance of Assignee’s efforts to claim and/or collect Customer's assigned/sold surplus funds pursuant to this Agreement/Assignment. Customer further expressly approves Assignee’s advancement of any and all attorneys’ fees and costs that Assignee deems advisable and/or desirable in its efforts to successfully claim and/or collect the surplus funds, and understands and expressly agrees that same shall be paid from Customer's portion of the net surplus funds under this Agreement/Assignment. E SCOPE AND LIMITATIONS OF ATTORNEY REPRESENTATION OF ASSIGNEE: Customer understands and acknowledges that the representation of any attorney hired by Assignee to assist it in claiming the surplus funds assigned/sold/transferred to it by Customer is limited to the claiming of said surplus funds. In_no event shall said representation include any efforts to assist Customer in attempting to cancel, vacate and/or delay the sale of the Property and/or to otherwise stop the sale of the Property. Additionally, if Assignee has provided a cash advance to Customer, Customer agrees that it shall not use any portion of said cash advance to support any effort to cancel, vacate and/or delay the sale of the Property and/or to otherwise stop the sale of the Property, and any such usage of the cash advance shall constitute a material breach of this Agreement resulting in liquidated damages as set forth below. If Customer takes any action to cancel, vacate, and/or otherwise stop the sale of the Property and is successful such that there is no surplus, then Customer agrees that within 30 days of demand for same, he/she/they shall fully repay to Assignee any advances provided to Customer, along with its attorneys’ fees and any other costs incurred up to the date the sale is cancelled (not to be reset), vacated, or the Propertyis otherwise no longer subject to forced sale (as determined in Assignee’s sole discretion). If Customer fails to repay the above advances, fees and/or costs as set forth above, then the Customer acknowledges and agrees that Assignee will at that time be entitled to liquidated damages in the amount of the balance due to Assignee plus (beginning on the 31% day) interest at the allowable statutory rate. Customer further agrees that Assignee shall be entitled to a Consensual Lien against any real property owned or purchased in the future by Customer in whole or in part, and that Assignee has the right to record both the Lien and a Lis Pendens against any such 2 JG Document Ref: THBNQ-PTSCE-Y7IAN-W76N8 [—Page2oitt) real property and/or to seek collection of said liquidated damages/balance due through any other available legal means, for which collection costs Customer also agrees he/she/they shall be solely responsible. Customer also acknowledges and agrees that Assignee is not required, either itself or through any selected attorney, to challenge any claims made by other lienors and/or debtors, but that Assignee may do so if in its sole discretion it deems it advisable and/or desirable to bring such a challenge. F. WAIVER OF CONFLICT OF INTEREST: Customer also hereby fully acknowledges that conflicts of interest may occur between Customer and Assignee which put their respective interests at odds. Customer expressly waives any and all such conflicts of interest and/or the right to object to same in favor of Assignee, and further acknowledges and agrees that any attorney selected by Assignee pursuant to this Agreement may continue to represent Assignee without reservation, even if said representation is in conflict with Customer's interests, as any such attorney's acknowledged job is to assist Assignee in collecting Customer's assigned/sold/transferred interest in the surplus funds on behalf of Assignee under the terms of this Agreement (and not to represent Customer's interests directly). G COOPERATION OF CUSTOMER; WAIVER OF NOTICE AND APPEARANCE UNLESS REQUIRED: Customer agrees to promptly answer/return all calls and requests made by Assignee and/or its attorney, if any, and to otherwise fully cooperate with Assignee and/or its attorney as needed to assist in obtaining the overbid/surplus funds. Customer waives the receipt of all Notices relating to the Assignee’s efforts to claim said surplus funds, including but not limited to notices of hearing, copies of motions, pleadings, and the like, and further waives his/her/their appearance at any and all hearings related to Assignee’s claim of the surplus funds unless specifically requested by Assignee and/or ordered by the Court (in which case Customer agrees to attend any such hearing as requested and/or ordered, and further agrees that failure to do so constitutes a material breach of this Agreement). H ACKNOWLEDGMENT OF POSSIBLE LENGTH OF CLAIMS PROCESS: The parties acknowledge that the claims process may take months-- in some cases more than 12 months-- depending on the requirements of the Court, Clerk of Court, and/or other applicable agencies involved in the processing of surplus claims and disbursement of funds. Assignee agrees to take all reasonable steps necessary to advance its claims of Customer's surplus unless and until Assignee deems it no longer practical and/or desirable to do so in its sole discretion. I NO FEES OR COSTS IF NO SURPLUS COLLECTED: If other superior claims are made against the surplus by banks, mortgagees, government agencies, Homeowners or Condominium Associations, and/or any other entity with an interest in the surplus superior to Customer's interest (prior to assignment/sale/transfer to Assignee) such that there remain no surplus funds to be claimed by Assignee, the parties agree that Customer shall not be responsible for any fees and costs incurred by Assignee, including but not limited to attorney's fees and costs, except for cash advances made to Customer, which the parties agree shall be repaid as set forth below. NOTE: This section specifically does not include any third party claims made by Assignee’s competitors and/or by or at the behest of Customer, as the parties agree that such claims constitute a material breach of this agreement and Customer agrees that any such breach shall result in liquidated damages as set forth below. dG. 3 Document Ref: THBNQ-PTSCE-Y7IAN-W76N8 [—Pagesoftt J REPAYMENT OF CASH ADVANCES: If Assignee has provided a cash advance to Customer against the expected surplus funds and for any reason Customer's net surplus is insufficient to repay said cash advance(s) and/or other circumstances arise (as determined in the sole discretion of Assignee) that cause Assignee not to be fully repaid from the surplus funds, Customer agrees that he/she/they shall be solely responsible for repayment of all such advances within 90 days of Assignee’s demand for same. If Customer fails to make said full repayment within the 90 day period, then beginning on the 91* day after demand for payment has been made, interest on the unpaid balance due shall begin to accrue at the allowable statutory rate, Assignee shall be entitled to a Consensual Lien against any real property owned and/or purchased in the future by Customer in whole or in part, and Assignee has the right to record both the Lien and a Lis Pendens against any such real property and/or to seek collection of said balance due through any other available legal means, for which collection costs Customer agrees he/she/they shall be solely responsible. K. NO COMPETING AGREEMENTS; EFFECT OF BREACH; CONSENT TO IMPOSITION OF LIEN(S): Customer hereby acknowledges and agrees that Customer's breach of any term of this Agreement is a material breach of this Agreement. If Customer breaches this Agreement in any way, including but not limited to failing to cooperate with Assignee’s efforts to claim and collect the surplus Customer has assigned to Assignee and/or executing competing contracts with any third party competitor which in any way attempt to interfere with the Assignee’s exclusive ownership of Customer's assigned/sold/transferred interest in the surplus funds or otherwise impede Assignee’s ability to perform and make its claims under this Agreement, Customer acknowledges and agrees that, regardless of whether this Agreement is upheld and/or honored in the original claims process, Assignee shall be entitled to liquidated damages in the full amount owed to it in fees as set forth below, plus interest and any and all attorney's fees and costs associated with the enforcement of same, including but not limited to trial and appellate fees and costs. In the event that there is a dispute regarding this Agreement between Assignee and Customer and/or Assignee and any other company Customer may have contracted with, Customer agrees that 100% of the surplus funds at issue shall be held in escrow by the Court Registry and/or GLF's attorney, as appropriate under the circumstances until such time as said dispute is resolved, including separate enforcement actions and appeals, and further agrees that Assignee may place a lien upon any and all property, whether real or personal at the time any such breach occurs (in the sole discretion of Assignee), and that satisfaction of said lien(s) shall include but not be limited to the principal liquidated damages, statutory interest, and costs of collection, including but not limited to attorney’s fees and costs. L. FEE STRUCTURE: The parties agree that Customer shall be entitled to 88% of the net amount of the overbid/surplus funds, and that Assignee shall be entitled to 12 % of the overbid/surplus funds. Customer acknowledges that during the course of making the overbid/surplus claim, it will become necessary for the Assignee to accrue certain fees and costs (including but not limited to attorney's fees and costs as set forth herein) in furtherance of its claim(s) on behalf of Customer, and Customer agrees that Assignee shall be reimbursed for same from Customer's net portion of the surplus funds prior to any disbursement to the Customer. M. PAYMENT OF COLLECTED FUNDS: The parties agree that any and all funds collected by Assignee shall be paid directly to Assignee and delivered to its usual place of business or, if an attorney has assisted in the surplus claims process, to its selected attorney's trust account and delivered to said attorney's usual place of business. Customer specifically and fully authorizes 4 dG. Document Ref: THBNQ-PTSCE-Y7IAN-W76N8 [—Pagesorat Assignee and its attorney, if any, to disburse any collected funds to all parties as mandated by the terms of this agreement and/or the terms of any relevant Court Order without further notice to or consent from Customer. N. NO GUARANTEE OF SUCCESS: The parties agree that this Agreement does not guarantee a successful recovery of any Overbid or surplus funds amount and the actual recovery may be zero dollars. Customer fully acknowledges that the likelihood of a positive recovery will be adversely affected if the Property was encumbered by a mortgage lien or any other liens or judgments at the time of the foreclosure sale. Assignee in its sole discretion will determine whether or not success under the terms of this Agreement is possible/worth seeking as circumstances develop in the claims process. Il. GENERAL PROVISIONS A ENTIRE AGREEMENT: The parties agree that this written instrument represents and contains the entire agreement of the parties, and that any promises, inducements, terms, etc., which are not included herein are not part of the parties’ agreement and are waived. B TIME TO REVIEW; TERMS JOINTLY AGREED: The parties agree and individually warrant that each has had adequate time to review and consider the various terms of this Agreement, each has equally negotiated its various terms such that neither party should be deemed the sole or primary author of same for purposes of legal interpretation, and each understands all of its terms or waives the opportunity to seek further information. Each party further warrants by their respective signatures that each has entered into this Agreement freely, knowingly and voluntarily and without emotional strain or duress which would otherwise render this Agreement invalid. Customer further acknowledges Assignee’s good faith and fair dealings with regard to the negotiation of and performance under this Agreement. C. CONSENT TO PERSONAL JURISDICTION; PREVAILING PARTY ATTORNEY'S FEES: The parties agree that Jurisdiction and venue for issues relating to this Agreement shall be in the circuit court in Palm Beach County, Florida, and Customer gives specific consent to personal jurisdiction him/her/it regardless of the state of Customer's primary residence/business. Each party hereby waives any objection that it may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. IN ANY SUCH PROCEEDINGS, EACH PARTY HEREBY KNOWINGLY AND WILLINGLY WAIVES AND SURRENDERS SUCH PARTY’S RIGHT TO TRIAL BY JURY AND AGREES THAT SUCH LITIGATION SHALL BE TRIED TO/BY A JUDGE SITTING ALONE AS THE TRIER OF BOTH FACT AND LAW, IN A BENCH TRIAL WITHOUT A JURY. If either party is required to retain an attorney to enforce this agreement or with regard to any issue relating to this Agreement arising under Florida law, then the prevailing party will be entitled to a reasonable attorney fee costs, including appellate attorney's fees. This Agreement shall be interpreted and/or enforced under the laws of the State of Florida. D. DISCLOSURE OF RECORDED PHONE CALLS: The Customer hereby acknowledges that Assignee may record any and all calls between Customer and Assignee on any telephone line, whether Customer is notified at the time of the call or not, for quality assurance and confirmation purposes, and consents fully tosame. Customer further agrees that any and all such recordings are the sole property of the Assignee, and the Customer waives any right to same. 3.6. 5 Document Ref: THBNQ-PTSCE-Y7IAN-W76N8 [—PageSoftt E ACKNOWLEDGMENT OF VERACITY OF DIGITAL/ELECTRONIC SIGNATURES FOR CONVENIENCE: Customer hereby acknowledges and agrees that he/she/they may sign this Agreement electronically for convenience and/or efficiency, and therefore agrees that his/her/their/its signature in Docusign or other electronic/digital form carries the same legal weight and effect of his/her/their physical signature and waives his/her/their right to challenge same. F. TITLES FOR CONVENIENCE ONLY: Customer further acknowledges and agrees that any and all titles used in this Agreement are for convenience and general reference only, and said titles are in no way meant as a limiting or specific description of each and every term contained said title’s following paragraph(s). FINANCIAL DISCLOSURE Approximate Assessed Value of Property: $154,000.00 NOTE: The assessed value may be lower than the actual value of the property Approximate amount of known debt encumbering the property: $97,411.86 Approximate amount of known equity in the property: $56,588.14 EFFECTIVE DATE OF THIS AGREEMENT is the date of the Customer’s execution. Jeaulfer C Batchelor Jallue DaCosta 2021-07-06 2021-07-06 Jennifer C Batchelor DATE JAIME DACOSTA DATE CEO, GET LIQUID FUNDING, LLC dG. Document Ref: THBNQ-PTSCE-Y7IAN-W76N8 [—Pagesoftt)