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Filing # 166596798 E-Filed 02/10/2023 03:33:43 PM
IN THE CIRCUIT COURT OF THE
SECOND JUDICIAL CIRCUIT IN AND
FOR LIBERTY COUNTY, FLORIDA
JOHNNY AND BETHEL EUBANKS,
Plaintiff,
v. CASE #
RICHARD G. BROWN; JAMES ELTON
HALL; JOELLEN HALL; AND ALL
UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER, AND AGAINST
THE HEREIN NAMED INDIVIDUAL
DEFENDANTS WHO ARE NOT KNOWN
TO BE DEAD OR ALIVE, WHETHER
SAID UNKNOWN PARTIES MAY CLAIM
AN INTEREST AS SPOUSES, HEIRS,
DEVISEES, GRANTEES OR OTHER
CLAIMANTS,
Defendants.
/
VERIFIED COMPLAINT
COMES NOW, Plaintiffs Johnny and Bethel Eubanks and sue the defendants, and in
support thereof says:
1 Plaintiffs are natural persons and residents of Liberty County, Florida.
2. Defendant Richard G. Brown is a natural person and resident of Liberty County,
Florida.
3 Defendants James Elton Hall and Joellen Hall are natural persons and residents of
Franklin County, Florida.
4 Venue is proper in this Court because:
a This is a foreclosure action in part and the real property at issue is situated
in Liberty County, Florida;
b. Pursuant to §47.061, Fla. Stat., and/or §47.011, Fla. Stat., and
Electronically Filed Liberty Case # 23000003CAMXAX 02/10/2023 03:33:43 PM.
c. The causes of action accrued in Liberty County, Florida.
5 All conditions precedent to the foregoing causes of action have occurred or
have been waived.
COUNT I-MORTGAGE FORECLOSURE
6. Plaintiff realleges and incorporates by reference the allegations contained in
paragraphs | through 5.
7
This is an action to foreclose a mortgage on real properties in Liberty County,
Florida, more particularly as:
Parcel #1; ID: 026-1S-6W-00699-000
Commence at a point marking the Southwest Corner of the Northwest Quarter of Section
26, Township 1 South, Range 6 West, Liberty County, Florida, thence run North 33 degrees
58 minutes 03 seconds East 290.34 feet; thence North 65 degrees 55 minutes 03 seconds East
351.57 feet; thence South 77 degrees 14 minutes 57 seconds East 181.71 feet; thence North 81
degrees 10 minutes 03 seconds East 191.59 feet; thence North 71 degrees 10 minutes 03
seconds East 311.08 feet; thence North 78 degrees 40 minutes 03 seconds East 107.64 feet;
thence North 44 degrees 18 minutes 03 seconds East 144.92 feet to a rod and cap; said point
lying on the approximate waters edge for the POINT OF BEGINNING, thence from said
POINT OF BEGINNING, run North 38 degrees 19 minutes 16 seconds West 717.05 feet to a
concrete monument; thence North 51 degrees 17 minutes 21 seconds West 459.20 feet to a
concrete monument lying on the Southerly right of way of the Apalachicola Northern
Railroad; thence run along said right of way North 51 degrees 00 minutes 00 seconds East
409.53 feet to an “X” in pavement; thence leaving said right of way run North 39 degrees 01
minutes 07 seconds West 119.85 feet to an "X" in pavement lying on the Southerly right of
way of State Road Number 65; thence run along said right of way North 51 degrees 44
minutes 20 seconds East 23.75 feet to an 11x11 in pavement; thence leaving said right of way
run South 38 degrees 56 minutes 59 seconds East 119.54 feet to a re-bar lying on the
Southerly right of way of Apalachicola Northern Railroad; thence run along said right of
way North 51 degrees 00 minutes 00 seconds East 309.74 feet to a concrete monument; thence
leaving said right of way run South 24 degrees 01 minutes 29 seconds East 631.32 feet to a
oncrete monument; thence North 50 degrees 56 minutes 47 seconds East 653.47 feet to a
concrete monument lying on the Southwesterly right of way of State Road No. 67-A, said
point being the point of curve to the left having a radius of 1197.15 feet; thence run
Southeasterly along said right of way and said curve for 100.47 feet, thru a central angle of
04 degrees 50 minutes 12 seconds, chord of said arc being South 72 degrees 50 minutes 34
seconds East 101.03 feet to a concrete monument; thence continue along said right of way
South 76 degrees 12 minutes 46 seconds East 20.15 feet to a rod and cap marking the
intersection of said right of way with the approximate waters edge of Dave Cannon Branch;
thence leaving said right of way run along said approximate waters edge as follows: South
22 degrees 00 minutes 03 seconds West 23.04 feet; thence South 06 degrees 43 minutes 57
seconds East 89.87 feet; thence North 83 degrees 16 minutes 03 seconds East 52.34 feet;
thence South 17 degrees 50 minutes 57 seconds East 209.36 feet; thence South 61 degrees 38
minutes 03 seconds West 125.42 feet; thence South 49 degrees 08 minutes 03 seconds West
331.82 feet; thence South 25 degrees 25 minutes 03 seconds West 164.92 feet; thence South
67 degrees 25 minutes 03 seconds West 171.84 feet; thence South 27 degrees 35 minutes 03
seconds West 324.91 feet; thence South 42 degrees 10 minutes 26 seconds West 46.53 feet to
the Point of Beginning.
Parcel #2; ID 025-1S-5W-00145-000
Commence at the Southwest Corner of Section 25, Township 1 South, Range 5 West, Liberty
County, Florida, thence run East 2352.00 feet; thence North 2086.00 feet to a rod and cap
for the POINT OF BEGINNING; thence from said POINT OF BEGINNING, continue
North 990.00 feet to a concrete monument; thence East 2250.94feet to a point lying on the
approximate waters edge of Bluff Creek; thence run along said waters edge as follows: South
28 degrees 04 minutes 28 seconds East 20.38 feet; thence South 59 degrees 23 minutes 12
seconds East 40.33 feet; thence South 47 degrees 48 minutes 02 seconds East 37.78 feet;
thence South 02 degrees 28 minutes 21 seconds East 84.83 feet; thence South 23 degrees 32
minutes 50 seconds West 58.68 feet; thence South 14 degrees 41 minutes 55 seconds West
53.05 feet; thence South 19 degrees 05 Minutes 06 seconds West 41.32 feet; thence South 18
degrees 20 minutes 24 seconds West 80.22 feet thence South 13 degrees 38 minutes 54 seconds
West 53.02 feet; thence South 18 degrees 40 minutes 53 seconds West 55.45 feet; thence South
20 degrees 27 minutes 04 seconds West 40.70 feet; thence South 00 degrees 30 minutes 45
seconds East 44.31 feet; thence South 11 degrees 40 minutes 32 seconds West 48.90 feet;
thence South 07 degrees 43 minutes 16 seconds East 65.23 feet; thence South 01 degrees 38
minutes 59 seconds East 71.10 feet; thence South 16 degrees 49 minutes 23 seconds East 52.40
feet; thence South 28 degrees 24 minutes 25 seconds East 40.49 feet; thence South 48 degrees
10 minutes 22 seconds East 87.87 feet’ thence South 36 degrees 56 minutes 25 seconds East
42.11 feet; thence South 59 degrees 01 minutes 19 seconds East 48.43 feet; thence South 45
degrees 24 minutes 43 seconds East 68.37 feet; thence leaving said approximate waters edge
run West 2423.47 feet to the POINT OF BEGINNING.
8 On or about August 8, 2006, Defendant Richard Brown executed a promissory note
in favor of Plaintiffs secured by a mortgage as recorded in O.R. Book 165, Page 507, et seq., Public
Records of Liberty County, Florida, thereafter amended and renewed on or about December 31,
2011. Copies of the note(s) and mortgage(s) are attached hereto as Composite Exhibit “A” and
incorporated by reference.
9. The mortgage loan is in default for failure to pay the October 9, 2019 payment or
any payment thereafter.
10. As a result of the aforesaid defaults and pursuant to the loan documents, the entire
unpaid balance of the principal and interest is due and payable.
11. As of January 1, 2023, Plaintiffs are owed $849,065.96 on the obligation at issue.
Interest, late fees, court costs, and attorneys’ fees continue to accrue on such obligation.
12. Defendant Richard G. Brown, sought relief under Title 11 U.S.C., however
Plaintiffs obtained relief from the bankruptcy stay to pursue the action at bar. A copy of the Order
Granting Relief from the Automatic Stay is attached hereto as Exhibit “B” and incorporated by
reference.
13. The above-described property is now owned by Defendant Richard G. Brown, who
to the best of Plaintiffs’ knowledge, information, and belief, is still the record owner.
14. Defendants James Elton Hall and JoEllen Hall may have some interest in the
property by virtue of a mortgage recorded in O.R. Book 166, Page 81, Public Records of Liberty
County, Florida, however such interest(s) are inferior to that of Plaintiffs.
15. The notice required by the Fair Debt Collection Practices Act, 15 U.S.C. § 1601 et
seq., as amended, is attached to the Complaint as Exhibit “C”.
16. Plaintiffs have retained the undersigned attorneys and is obligated to pay them a
reasonable fee for their services, and Plaintiffs are entitled to recover attorneys’ fees pursuant to
the terms of the loan documents.
WHEREFORE, Plaintiff demands judgment against Defendants for the sums due to
Plaintiff under the promissory note, mortgage, and attorneys’ fees and costs expended by Plaintiff
in this action. If the sum due is not paid within the time set by this court, that the property be sold
to satisfy Plaintiff's claim, that a deficiency judgment be entered for the sum remaining unpaid
g
against Defendants and that Delindants, and the estate of Defendants, and all persons claimin
ed.
under or against Defendants since the filing of the notice of Lis Pendens be forectos
VERIFICATION
| have read the foregoing, and the facts
alleged
Under penalty of perjury, { declare that
therein are true and correet to the best of my knowledge and belief.
STATE OF FLORIDA
COUNTY OF Liberty
Eubanks by means of
owledged before m ¢ by Johnny
The foregoing instrument twas ackn purposes th crein expressed.
dged signing this document for the
physical presence who acknowle
t day of Feb 2023,
me this
Sworn to and subscribed before
-
Sa. ans ~
Signature of N ovary Publ ic. a te of Florida
Aw \
‘MARY KINCAID issioned Name of N ary Public
smmnission
# HH 105046 Printed Col
xpires
July 18, 2025 My Commission Exp nk Melo ao25
‘Borded Tew Troy Fain insurance 809-385-7018 Personally Known
gay of February, 2023.
RESPECTFULLY SUBMITTED this1Oth
ICK A. 8 GE
Florida Bar No, 0026y
SAVAGE LAW 01 CE, PLLC
{HL N. Calhoun St. Suite 8
Tallahassee, Jorida 32301
Telephon $50) 222-6167
ricki agelawoffice.com
ATTORNEY FOR PLAINTIFF
eo
Exhibit A
MORTGAGE NOTE
$ 710,968.15 Hosford + Florida
August 8th, 2006
For value received, the undersigned jointly and severally agrees and promises to pay to the order of
JOHNNY B. EUBANKS AND HIS WIFE, BETHEL 8. EVBANKS
the principal sum of § 710,968.15 with interest thereon at the rate of 9,000 porsentum
per annum from the
date hereof until maturity, the interest being payable as set forth below in lawful money of the United States of America at:
P.O. Box 454 Bristol, Florida 32321
or such other address as the holder from time to tine may specify by written notice to the maker, the principal and interest
to be paid as follows:
In the event of default under this note, the unpaid balance of the
principal sum of the debt evidenced by this note and interest thereon
shall immediately become due and payable, and the mortgage securing
such debt shall become subject to foreclosure proceedings, at the
election of the holder.
TE the Note Holder has not received the full amount of any scheduled
payment by the date it is due, I will pay a late charge to the Note
Holder, The amount of the charge will be 5% of my overdue payment of
principal and interest or $50.00 the Greater amount. I will pay this
late charge promptly but only once on each late payment.
Principal and accrued interest, at the rate of Nine (9.00%) percent,
per annum, payable in 156 weekly instaliments of $1,474.67 each,
commencing on the Lith day of August, 2006, and continuing weekly
for 156 months with a balloon payment of $668,761.30 becoming due on
July 31, 2009.
Tngt:G020061118 Date:68/08/2006 Times1$:10
‘DOC STARFS/HTG ; at I
TWTANGISLE TA : 142496
ann ROBERE HULL, LABRET County 8:165 7:50
~ = - ~ ~ ~
‘his note with intevest is secured by a mortgage on real estate, of even date herewith, and shall be construed and
enforced accordingly.
If there is a default in payment of any of the sums or interest or in said mortgage, or in the performance of any
agreements contained herein or in said mortgage, and it continues fora period of FIPTEEN (15) days then, at the
become due
option of the holder of the note, the principal sum then remaining unpaid with accrued interest shall immediately interest
and collectible without notice, time being of the essence of this contract, and the principal sum and accrued shalt
both bear interest at the highest rate allowable by law from the date of default until paid. All sums paid under this note shall
of the
be credited first to accrued interest and then to principal. Failure to exercise this option shall not constitute a waiver
right to exercise the same in the event of any subsequent default.
to pay
Each maker and endorser waives presentment, protest, notice of protest and notice of dishonor and agrees
reasonable attorneys’ fees and expenses in the enforcement of this note prior or subsequent to judgment and in any and alt
shall be employed
trial and appellate tribunals, whether suit be brought or not if, after maturity of this note or default, counsel
to collect this note or to protect the security of said mortgage.
“Phe indebtedness evidenced by this note may be prepaid in whole gf i art at any time without penalty or premium.
4 Gea)
MAKER'S ADDRESS: RICHARD G. BROWN
Lape BO BSG thers eorechy Bir SRS
TST ine Gardby Wagy Spa, tc, 2005 (409) 755558 Frm LS
Engst: 0020081318 Date: yugspaaes Pies t5:10
‘DOC STANPS/HTG :
INTANGIBLE TAZ + Hat
‘This Document Prepared By and Retuento: DC ROBERT RILL, LIBERTY County B:165 P:502
MELODY Di
TITLE SERVICES, Inc. cers -
7030 STREET
+ FLORIDA 32424
THIS 1S A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE
PRINCIPAL BALANCE DUE. UPON MATURITY IS $ 668,761.30 TOGETHER
WITH ACCRUED INTEREST, If ANY, AND ALL ADVANCEMENTS MADE BY THE
MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE.
Real Estate Mortgage
THIS MORTGAGE made this ath day of August AD. 2006 between
RICHARD G. BROWN, A SINGLE MAN
‘herein called Mortgagor, in consideration of the sum manned in the promissory abte herein devcribed received from
JOHNNY B. EUBANKS & BETHEL S. EUBANKS HUSBAND AND WIFE
bere) cated Mortgagee, (the torms "Morigagor” and "Mongagee" include all panties én each capacity to this Snstrumont and their respective belts,
personal representatives, successors and assigns; the term “note” includes ull promissory ates desovibed herein) Mortgagor hereby mortgages to
Morigagerthe real propeny in. Liberty County, Florida deveribed as:
PARCEL NO, I (ID#026-18~-6W-00699-000)
Commence at a point marking the Southwest Corner of the Northwest
Quarter of Section 26, Township 1 South, Range 6 West, Liberty
County, Florida, thence run North 33 degrees 58 minutes 03 seconds
East 290.34 feet; thence North 65 degrees 55 minutes 03 seconds East
351.57 feet; thence South 77 degrees 14 minutes 57 seconds Hast
181,71 feet; thence North 81 degrees 10 minutes 03 seconds Bast
191.59 feet; thence North 71 degrees 10 minutes 03 seconds Bast
311.08 feet; thence North 78 degrees 40 minutes 03 seconds East
107.64 feet; thence North 44 degrees 18 minutes 03 seconds East
144.92 feet to a rod and cap; said point lying on the approximate
waters edge for the POINT OF BEGINNING, thence from said POINT OF
BEGINNING, run North 38 degrees 19 minutes 16 seconds West 717.05
feet to a concrete monument; thence North 51 degrees 17 minutes 21
seconds West 459.20 feet to a concrete monument lying on the :
TOGETHER with sit eascments, connected thereul RORSAORRE nA AEGRERIRE Minereon, fixtures attached thereio, aay funiture i
furnishings located thercon or thorsin and any reversions, remainders, reuts, issues end profits thereof as security for the payment of the promissory ote,
a copy of which is tached.
‘AND Mortgagor hereby covenanis:
1 Fhat Mortgagor iS in actus! possession and seized of soit real property in fe simple with full power and lawful vight 10 mortgage. the
same, that suid property is thee from all fieng and encumbrances except as set forth hercins that Mortgagor fully warrana dhe tile 10 suid, real
[property snd will defend the same against lewful claims ofall persons whosoever,
2 ‘To pay all money required by Sait note und this mortgage. or either, promptly when due.
3 ‘To pay all taxes, nents, fevies, Hiabilties, ob Si 8 ard ee ces of every description now on or which may hereafter accrue
‘on ssid property, this mortgage and the debi secured hereby, or any of these, when duc. If any part thercof is not paid when due, Mongagee may pay it
vwitliout waiving the option ta foreclose this morgage or any other right heveundes.
4 “Fe pay wll costs and expenses rogether with rearonable attorney's fees (including appellate procevitings) incurred by Morigagee because of
any defaskby Mortgagor under this mortgage and suid note. or either,
5 “To keep the fimprovements now or hereafter on said property insured agaimt toss by fire or other Ineards included in the terms
"extended coverage” and “other peri” in the amount scoured by this mortgage by av insurer approved by Mortgages. The policy shall be held by and
coude payable to Morgagec by standaed New York mortgagee clause without contribution as Mortgagee’s interest may appear. If any money becomes
payable tinder each policy, then all checks for sand money will be made payable 10 Mortgagor and Mortgagce and the proceeds shall be fist applied to
restore the meirtgayed property to the condition it was immediately before dhe loss occured and if there be any excess or if the property not so restored
then Morigagee may apply the same to the payments lst due on the debt socured howby or may permit Mortgagor bo use it, or any part thereof, for
‘thor purposcs without waiving or impairing any tien ot right bercunder. AF Mortyagor fails wo obtain auch policy, Morigagee nay procure @ and pay
sherefos without waiving the option to foreclose this mortgage or any other right hereunder.
6 ‘To pert, commit or sufferno waste, impairaeat or deterioration of ssl property or any part thereat.
1 ‘Vit iF said property, cr any part thereat, iS taken by eminent domain, Mortgagee shall have the sight 1 receive ana apply all rxmey
paid lor such thing w the payments last diie on the debt secured herchy or may permit Morigagor 10 use at, or any part thereof, for other purpasesof
‘without waiving or inpairing any lien or right under this mortgage. IF the remaining par of said propesty is inadequate security for she ompaid balasce
‘suid debt, Mortgager may accelerate payment dhereo! inwnediately.
8 ‘That i Morigagee shal) bold another mortgage of lion om said property, a default uedor such other mortgage or orlise ten.shall 1 constitute &
efault andor this morgage also. Any delauk under this morgage shall Hkewise corstiute a defi umnisr such other mortgage farockosute
procceings under any morgage oF Hen (whether held by Morigegoe ur another) affecting said property ore instituted, ths shall constitute a defaatt
sander this morigage payment of any
9. ‘That Mortgages may forbear «9 enforce defanits under this morgage ani! said note, or either, or muy extent the time for penning to this
money secuted bereby oF may tke other or additional scourty and ray deol dircetly with any owner of said property in all respects
morigage and said note, oF either, without nom to the consent of any person Hisble under this mortgage and said note, or either, and without
‘ischargg or affecting thy liability of wny person Hable weder this mortgage and xakl nots, oF ether
taser Gener by © pay Some ne, 2005 (85 TNS Fam LINEN
Real Estate Mortgage - page 2 Inst sQ020061118 pate:00/09/2006
Yine:t8 ait
‘DOC STAMPS/NEG ¢ 2488.58
THTANGIBLE TAL + Wah
9, ROBERT ILL LIBSRIY Coumty B:185 B03
a
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10, ‘Mat the rents, profs, iacome, issues and revenues of said property (including any personal propeny located therson or therein) ste
assigned and pleiged as father security for the payment ofthe debt secured hereby with the right (but no duly) on the part of Morigagee fo dem and
receive and apply them om said debt at any time after w default hereunder, If suit is instinted 10 foreclose o¢ reform this mortgage oF to determine the
validity or priority thereof, Mortgage shall be entitled to appointment of 2 receiver pendent lite without motice for saad property and of alt rents,
income, profits, issues and revenue thereo!. It is covenanted and agreed that the Court shall fortwith appoint a receiver of said property and of such
‘ents, income, profits, issues ane reveuuos. Such appointment shall be rude as a mater of sitit right to Mangagee without reference to the adequacy or
inadequacy of the value ofthe property herchy mortgaged orto tho solvency or insolvency af Mortgage
i ‘That if any dispute arises involving said note and this mortgage, or either, whiercin Mortgages incurs any costs (regardless of whether or nat
egal proceedings are instiruted) or if any action or proceeding (inchiding appellate proceedings) shall be rusintained by any person other than Morgagee
wihversin Mortgagee is made a pany, all expenses incwral by Mongagee i prosecute ar defend the rights ercated by this morgage and said noe,
‘or either, together with reasonable attorney's fees and cosle, whether same be rendered for negotistion, tial or appellate work, shall be paid by Mortgager.
12 ‘That if any money sorured hereby is aot filly paid within THIRTY (30) days after it becomes due, oF if aay covensat oe
‘agreement of suid note and this mortgage, or either, is breached, Mortgager shall have the option to accelerate payment of the extire principal and any
other money secured hereby as immediately due sod payable without notice. ‘Time is of tho essence of this mortgage. Any payment made by Mortgager
under paragraphs 3, 4, 5, of TE shall bear interest at the owximum legal rate from the date of payment and shall be secured by this mortgage. No waiver
any subsequent delilt ot of the
of oF failure to enforce any default or obligation under this morgage and said note, or either, shall constitule a waiver of shall
tens of either instrament. If thore is any conflict between the terms of this mortgage an) said note the terms of this mortgage preva
In Witness Whereof, ihe mortgagor has hereunto set his hand und sea) the day and year first above written,
THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE
PRINCIPAL BALANCE DUE UPON MATURITY IS $ 668,761.30 TOGETHER | :
WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE
MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE.
Signed, sealed and delivered in our presence: ‘
1, Hitn
Witness Signat ure RICHARD G. BROWN
a
Printed Name: Jed Mm. Hiecs P.O, Address: P.O. BOX 298, Hosford, FL 32334
Hd, Le t fet
oe
ens ignature
nted DaWwiun
Name: Th4.ay
STATE OF Florida
COUNTY OF caLHOUN
‘The foregaing instrument was acknowledged before me this a day of August +2006 by
RICHARD G. BROWN, A SINGLE MAN
he is personally knawn to me or he has produced bis Florida driver's License as identification,
Px, ted ubDyY A. DoW AAS
ary
@
Lic
Iw A ‘Comenission Expires:
MCOMNESSION & “Tomi es
BONDED NED rw IE,
3751, taser Geneated by © Dipay Sem, ec, 2085 (48) 769955 Form FLPMA
Real Estate Mortgage - rage 3
Inst :O020061118 Dater 8/09/2006 Timest5:10
DOG STARPS/ATG + 2488.50
‘TRTAHGIBLB TA Hangt
ences
DC ROBBRE HULL LIBERTY County B:165 F504
Southerly right of way of the Apalachicola Northern Railroad; thence
run along said right of way North 51 degrees 00 minutes 00 seconds
Bast 409.53 feat to an "X" in pavement; thence leaving said right of
way xun North 39 degrees 01 minutes 07 seconds West 119.85 feet to an
“X™ in pavement lying on the Southerly right of way of State Road
Number 65; thence run along said right of way North 51 degrees 44
minutes 20 seconds East 23.75 feet to an "XK" in pavement; thence
leaving said right of way run South 38 degrees 56 minutes 59 seconds
Hast 119.54 feet to a re-bar lying on the Southerly right of way of
Apalachicola Northern Railroad; thence run along said right of way
North 51 degrees 00 minutes 09 seconds Fast 309.74 feet to a concrete
monument; thence leaving said right of way run South 24 degrees 01
minutes 29 seconds East 631.32 feat to a concrete monument; thence
North 50 degrees 56 minutes 47 seconds East 653.47 feet to a concrete
monument Lying on the Southwesterl y right of way of State Road No..
67-A, said point being the point o: £ curve to the left having a radius
of 1197.15 feet; thence run Southeasterly along said right of way and
said curve for 100.47 feet, thru a central angle of 04 degrees 50
minutes 12 seconds, chord of said arc being South 72 degrees 50
minutes 34 seconds East 101,03 feet to a concrete monument; thence
continue along said right of way South 76 degrees the12 minutes 46
East 20.15 feet to aintersection
rod and cap marking of”
seconds
gaid right of way with the approximate waters edge of Dave Cannon
Branch; thence leaving said right of way run along said approximate
waters edge as follows: & jouth 22 degrees 00 minutes 03 seconds West
23.04 feet; thence South 06 degrees 43 minutes 57 seconds Bast 89.87
feet; thence North 83 degrees 16 minutes 03 seconds East 52.34 feet:
thence South a7 degrees 50 minutes 5 seconds Bast 209.36 feet:
feet: ‘
thence South 61 degrees 38 minutes 03 seconds West 128.42
thence South a9 degrees 08 minutes: 03 seconds West 331.82 feet;
thence south 25 degrees 25 minutes 93 seconds West 164.92 feet;
e
thence South 67 dagrees 25 minutes 03 seconds West 171.84 feet;
thence South 27 degrees 35 minutes 03 seconds Weat 324.91 feet;
thence South 42 degrees 20 minutes 26 seconds West 46.53 feet to thee
POINT OF BEGINNING.
IN THE RIGHT OF WAY OF THE
LESS AND EXCEPT PROPERTY WHICH LIES
APALACHICOLA NORTHERN RAILROAD.
PARCEL NO. 2 (PARCEL ID#025-18-SW-00145-000)
Commence the Southwest Corner of Section 25, Township 1 South,
at
2352.00 feet;
Range 5 West, Liberty county, Florida, thence run East
thence North 208: 6.00 feet to a rod and cap for the POINT OF
North 990,00
BEGINNING; thence from said POINT OF BEGII NNING, continue
feet to a concrete monument; thence Bast 2250.94 feet to a point
lying on the approximat e waters edge of Bluff Creek; thence run along
said waters edge as follows: South 28 degrees 04 minutes 28 seconds
Bast 20.38 feet; thence Sout! h 59 degrees 23 minutes 12 seconds East
40,33 feat; thence South 47 degrees 48 minutes 02 seconde East
37.78
South 02 degrees 28 minutes 21 seconds Bast 84.83 feet;
feet; thence
thence South 23 degrees 32 minutes 50 second: js West 58.68 feet; thende
South 14 degrees 41 minutes 55 seconds West 53.05 feet; thence South
feet; thence South 18
19 degrees 05 minutes 06 seconds West 4 1.32
feet thence South 13 degrees
degrees 20 minutes 24 seconds West 80.22 18 degrees 46
38 minutes 54 seconds West 53.02 feet; thence South degrees a7
minutes 53 seconds West 55.45 feet: thence South 20
south 00. degrees 30
minutes O4 seconds West 40.70 feet; thence 40
44.31 feet; thence South i degrees
minutes 45 seconds Bast o7 degrees 43
minutes 32 seconds West 48.90 feet; thence South OL degrees 38
minutes 16 seconds East 65.23 feet; thence South 16 degrees 49
minutes 59 seconds Bast 72.10 feet; thence gouth
degrees 24
minutes 23 seconds Bast 52.40 feet; thence South
ae
minutes 25 seconds Bast 40.49 feet; thence south
48 degrees 10
iG
87.87 feet; thence South 36 degrees 56
minutes 22 seconds East
degrees 01
59
minutes 25 seconds East 42.11 feet; thence South degrees 24
minutes 19 seconds East 48.43 feet; thence South 45 said approximate
minutes 43 seconds Bast 68.37 thence leaving
feats
(Cont inued on Attached)
es een oy Dy Seen, 2008 (86 TORSSES Fann FLAMINEL
Real Estate Mortgage - page «
Inst:0020061138 Date;06/09/2006 Tines5:16
‘BOC STAMPS/NTG. + 2488.50
ERTANGIBLE TAZ : M23
P5058.
cD ROBERT ‘BILE, LIBBRET County B:165
- - - ~ -
-
waters edge run West 2423.47 feet to the POINT OF BEGINNING.
PARCEL NO. 3 (PARCEL ID#033-18-5W-00172-001)
Commence at the Northeast Corner of Section 33, Township 1 South,
Range 5 West, Liberty County, Florida; thence run west 1461.24 feet;
thence North 10 degrees 06 minutes 00 seconds West 854.70 feet;
thence South 80 degree 00 minutes 00 seconds West 1320.00 feat;
thence North 10 degrees 10 minutes 43 seconds West 86.07 feet to the
Southerly maintained right of way of a 40 foot wide county graded
road; thence cun along said maintained right of way as follows:
north 80 degrees 22 minutes 08 seconds Weat $71.05 feet to a rod and
cap; thence South 89 degrees 09 minutes 41 seconds Weet 79.56 feet;
thence South 88 degrees 57 minutes 28 seconds West 178.56 feet to a
rod and cap for the POINT OF BEGINNING; thence from said POINT OF
BEGINNING, continue South 88 degrees 57 minutes 28 seconds West 33.18
feet to a rod and cap; thence North 82 degrees 08 minutes 42 seconds
West 1190.00 feet to a rod and cap; thence South 88 degrees 08
minutes 41 seconds West 100.57 feet to a rod and cap; thence South 78
degrees 34 minutes 42 seconds West 126.38 feet to a rod and cap;
thence South 02 degrees 01 minutes 56 seconds East 42.94 feet to a
rod and cap; thence South 22 degrees 32 minutes 43 seconds East
513.24 feet; thence leaving said maintained right of way run North 67
degrees 27 minutes 17 seconds Bast 348.48 feet; thence South 22
degrees 32 minutes #3 seconds East 250.00 feet) thence South 67
degrees 27 minutes 17 seconds West 348.48 feat to a rod and cap lying
on the Easterly maintained right of way of said county road; thence’
run along said maintained right of way as follows; South 22 degrees
32 minutes 43 seconds East 30.00 feet to a rod and cap; thence South
14 degrees 16 minutes 18 seconds East 17.56 feet to a rod and cap;
thence leaving said maintained right of way run South 89 degrees 46
minutes 00 seconds West 649.00 feet to a concrete monument; thence
South 83 degrees 4@ minutes 29 seconds East 527.07 feet to a concret: S8
monument; thence North 79 degrees 41 minutes 18 seconds Eaat 80.35
feet to a rod and cap; thence North 10 degrees 11 minutes 40 seconds
West 709.84 feet to the POINT OF BEGINNING, @
Also, commence at the Northeast Corner of Section 33, Township i
South, Range 5 West, Liberty County, Florida, thence run West 1461.24
feet; thence North 10 degrees 00 minutes 00 seconds West 854.70 feetz
thence South 80 degrees 00 minutes 00 seconds West 1320.00 feet;
thence South 10 degrees 10 minutes 43 seconds East 141.90 feet to a
concrete monument; thence South 46 degrees 46 minutes 00 seconds West
451.22 £eet to a litewood hub; thence South 79 degrees 41 minutes 18”
seconds West 494,02 feet to a concrete monument; thence South 04
degrees 56 minutes $4 seconds West 224.65 feat to a xod and cap;
to a
thence south 20 degrees 11 minutes 27 seconds Hast 251.23 feet
rod and cap fox the POINT OF BEGINNING; thence from said POINT OF
BEGINNING continue South 20 degrees 11 minutes 27 seconds East 244.07
feet to a concrete monument; thence South 85 degrees 48 minutes 03
seconds West 802.07 feet to a rod and cap; thence North 01 degrees 05
89
minutes 24 seconds West 344.07 feet to a rod and cap; thence South
degrees 26 minutes 29 seconds West 551.82 feet ta a rod and cap?
thence North 13 degrees 22 minutes 59 seconds East 30.91 feet; thence
South 89 degrees 26 minutes 28 seconds Bast 642.22 feet to a concrete
monument; thence South 82 degrees 06 minu tes 12 seconds East 630.45
‘
feet to the POINT OF BEGINNING. i:
WITH A NON-EXLUSIVE PERPETUAL EASEMENT FOR INGRESS, EGRESS,”
SOGETHER
AND UTILITIES, ACROSS THE FOLLOWING DESCRIBED LANDS:
Commence at the Northeast Corner of Section 33, Township 1 South,
Range 5 West, Liberty County, Florida, thence run West 1461.24 feet;
North 10 degrees 00 minutes 00 seconds West 854.70 feet;
thence
South 80 degrees 00 minutes 00 seconds West 1320.00 feet; >
thence
Preview
Filing # 166596798 E-Filed 02/10/2023 03:33:43 PM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LIBERTY COUNTY, FLORIDA JOHNNY AND BETHEL EUBANKS, Plaintiff, v. CASE # RICHARD G. BROWN; JAMES ELTON HALL; JOELLEN HALL; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANTS WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS, Defendants. / VERIFIED COMPLAINT COMES NOW, Plaintiffs Johnny and Bethel Eubanks and sue the defendants, and in support thereof says: 1 Plaintiffs are natural persons and residents of Liberty County, Florida. 2. Defendant Richard G. Brown is a natural person and resident of Liberty County, Florida. 3 Defendants James Elton Hall and Joellen Hall are natural persons and residents of Franklin County, Florida. 4 Venue is proper in this Court because: a This is a foreclosure action in part and the real property at issue is situated in Liberty County, Florida; b. Pursuant to §47.061, Fla. Stat., and/or §47.011, Fla. Stat., and Electronically Filed Liberty Case # 23000003CAMXAX 02/10/2023 03:33:43 PM. c. The causes of action accrued in Liberty County, Florida. 5 All conditions precedent to the foregoing causes of action have occurred or have been waived. COUNT I-MORTGAGE FORECLOSURE 6. Plaintiff realleges and incorporates by reference the allegations contained in paragraphs | through 5. 7 This is an action to foreclose a mortgage on real properties in Liberty County, Florida, more particularly as: Parcel #1; ID: 026-1S-6W-00699-000 Commence at a point marking the Southwest Corner of the Northwest Quarter of Section 26, Township 1 South, Range 6 West, Liberty County, Florida, thence run North 33 degrees 58 minutes 03 seconds East 290.34 feet; thence North 65 degrees 55 minutes 03 seconds East 351.57 feet; thence South 77 degrees 14 minutes 57 seconds East 181.71 feet; thence North 81 degrees 10 minutes 03 seconds East 191.59 feet; thence North 71 degrees 10 minutes 03 seconds East 311.08 feet; thence North 78 degrees 40 minutes 03 seconds East 107.64 feet; thence North 44 degrees 18 minutes 03 seconds East 144.92 feet to a rod and cap; said point lying on the approximate waters edge for the POINT OF BEGINNING, thence from said POINT OF BEGINNING, run North 38 degrees 19 minutes 16 seconds West 717.05 feet to a concrete monument; thence North 51 degrees 17 minutes 21 seconds West 459.20 feet to a concrete monument lying on the Southerly right of way of the Apalachicola Northern Railroad; thence run along said right of way North 51 degrees 00 minutes 00 seconds East 409.53 feet to an “X” in pavement; thence leaving said right of way run North 39 degrees 01 minutes 07 seconds West 119.85 feet to an "X" in pavement lying on the Southerly right of way of State Road Number 65; thence run along said right of way North 51 degrees 44 minutes 20 seconds East 23.75 feet to an 11x11 in pavement; thence leaving said right of way run South 38 degrees 56 minutes 59 seconds East 119.54 feet to a re-bar lying on the Southerly right of way of Apalachicola Northern Railroad; thence run along said right of way North 51 degrees 00 minutes 00 seconds East 309.74 feet to a concrete monument; thence leaving said right of way run South 24 degrees 01 minutes 29 seconds East 631.32 feet to a oncrete monument; thence North 50 degrees 56 minutes 47 seconds East 653.47 feet to a concrete monument lying on the Southwesterly right of way of State Road No. 67-A, said point being the point of curve to the left having a radius of 1197.15 feet; thence run Southeasterly along said right of way and said curve for 100.47 feet, thru a central angle of 04 degrees 50 minutes 12 seconds, chord of said arc being South 72 degrees 50 minutes 34 seconds East 101.03 feet to a concrete monument; thence continue along said right of way South 76 degrees 12 minutes 46 seconds East 20.15 feet to a rod and cap marking the intersection of said right of way with the approximate waters edge of Dave Cannon Branch; thence leaving said right of way run along said approximate waters edge as follows: South 22 degrees 00 minutes 03 seconds West 23.04 feet; thence South 06 degrees 43 minutes 57 seconds East 89.87 feet; thence North 83 degrees 16 minutes 03 seconds East 52.34 feet; thence South 17 degrees 50 minutes 57 seconds East 209.36 feet; thence South 61 degrees 38 minutes 03 seconds West 125.42 feet; thence South 49 degrees 08 minutes 03 seconds West 331.82 feet; thence South 25 degrees 25 minutes 03 seconds West 164.92 feet; thence South 67 degrees 25 minutes 03 seconds West 171.84 feet; thence South 27 degrees 35 minutes 03 seconds West 324.91 feet; thence South 42 degrees 10 minutes 26 seconds West 46.53 feet to the Point of Beginning. Parcel #2; ID 025-1S-5W-00145-000 Commence at the Southwest Corner of Section 25, Township 1 South, Range 5 West, Liberty County, Florida, thence run East 2352.00 feet; thence North 2086.00 feet to a rod and cap for the POINT OF BEGINNING; thence from said POINT OF BEGINNING, continue North 990.00 feet to a concrete monument; thence East 2250.94feet to a point lying on the approximate waters edge of Bluff Creek; thence run along said waters edge as follows: South 28 degrees 04 minutes 28 seconds East 20.38 feet; thence South 59 degrees 23 minutes 12 seconds East 40.33 feet; thence South 47 degrees 48 minutes 02 seconds East 37.78 feet; thence South 02 degrees 28 minutes 21 seconds East 84.83 feet; thence South 23 degrees 32 minutes 50 seconds West 58.68 feet; thence South 14 degrees 41 minutes 55 seconds West 53.05 feet; thence South 19 degrees 05 Minutes 06 seconds West 41.32 feet; thence South 18 degrees 20 minutes 24 seconds West 80.22 feet thence South 13 degrees 38 minutes 54 seconds West 53.02 feet; thence South 18 degrees 40 minutes 53 seconds West 55.45 feet; thence South 20 degrees 27 minutes 04 seconds West 40.70 feet; thence South 00 degrees 30 minutes 45 seconds East 44.31 feet; thence South 11 degrees 40 minutes 32 seconds West 48.90 feet; thence South 07 degrees 43 minutes 16 seconds East 65.23 feet; thence South 01 degrees 38 minutes 59 seconds East 71.10 feet; thence South 16 degrees 49 minutes 23 seconds East 52.40 feet; thence South 28 degrees 24 minutes 25 seconds East 40.49 feet; thence South 48 degrees 10 minutes 22 seconds East 87.87 feet’ thence South 36 degrees 56 minutes 25 seconds East 42.11 feet; thence South 59 degrees 01 minutes 19 seconds East 48.43 feet; thence South 45 degrees 24 minutes 43 seconds East 68.37 feet; thence leaving said approximate waters edge run West 2423.47 feet to the POINT OF BEGINNING. 8 On or about August 8, 2006, Defendant Richard Brown executed a promissory note in favor of Plaintiffs secured by a mortgage as recorded in O.R. Book 165, Page 507, et seq., Public Records of Liberty County, Florida, thereafter amended and renewed on or about December 31, 2011. Copies of the note(s) and mortgage(s) are attached hereto as Composite Exhibit “A” and incorporated by reference. 9. The mortgage loan is in default for failure to pay the October 9, 2019 payment or any payment thereafter. 10. As a result of the aforesaid defaults and pursuant to the loan documents, the entire unpaid balance of the principal and interest is due and payable. 11. As of January 1, 2023, Plaintiffs are owed $849,065.96 on the obligation at issue. Interest, late fees, court costs, and attorneys’ fees continue to accrue on such obligation. 12. Defendant Richard G. Brown, sought relief under Title 11 U.S.C., however Plaintiffs obtained relief from the bankruptcy stay to pursue the action at bar. A copy of the Order Granting Relief from the Automatic Stay is attached hereto as Exhibit “B” and incorporated by reference. 13. The above-described property is now owned by Defendant Richard G. Brown, who to the best of Plaintiffs’ knowledge, information, and belief, is still the record owner. 14. Defendants James Elton Hall and JoEllen Hall may have some interest in the property by virtue of a mortgage recorded in O.R. Book 166, Page 81, Public Records of Liberty County, Florida, however such interest(s) are inferior to that of Plaintiffs. 15. The notice required by the Fair Debt Collection Practices Act, 15 U.S.C. § 1601 et seq., as amended, is attached to the Complaint as Exhibit “C”. 16. Plaintiffs have retained the undersigned attorneys and is obligated to pay them a reasonable fee for their services, and Plaintiffs are entitled to recover attorneys’ fees pursuant to the terms of the loan documents. WHEREFORE, Plaintiff demands judgment against Defendants for the sums due to Plaintiff under the promissory note, mortgage, and attorneys’ fees and costs expended by Plaintiff in this action. If the sum due is not paid within the time set by this court, that the property be sold to satisfy Plaintiff's claim, that a deficiency judgment be entered for the sum remaining unpaid g against Defendants and that Delindants, and the estate of Defendants, and all persons claimin ed. under or against Defendants since the filing of the notice of Lis Pendens be forectos VERIFICATION | have read the foregoing, and the facts alleged Under penalty of perjury, { declare that therein are true and correet to the best of my knowledge and belief. STATE OF FLORIDA COUNTY OF Liberty Eubanks by means of owledged before m ¢ by Johnny The foregoing instrument twas ackn purposes th crein expressed. dged signing this document for the physical presence who acknowle t day of Feb 2023, me this Sworn to and subscribed before - Sa. ans ~ Signature of N ovary Publ ic. a te of Florida Aw \ ‘MARY KINCAID issioned Name of N ary Public smmnission # HH 105046 Printed Col xpires July 18, 2025 My Commission Exp nk Melo ao25 ‘Borded Tew Troy Fain insurance 809-385-7018 Personally Known gay of February, 2023. RESPECTFULLY SUBMITTED this1Oth ICK A. 8 GE Florida Bar No, 0026y SAVAGE LAW 01 CE, PLLC {HL N. Calhoun St. Suite 8 Tallahassee, Jorida 32301 Telephon $50) 222-6167 ricki agelawoffice.com ATTORNEY FOR PLAINTIFF eo Exhibit A MORTGAGE NOTE $ 710,968.15 Hosford + Florida August 8th, 2006 For value received, the undersigned jointly and severally agrees and promises to pay to the order of JOHNNY B. EUBANKS AND HIS WIFE, BETHEL 8. EVBANKS the principal sum of § 710,968.15 with interest thereon at the rate of 9,000 porsentum per annum from the date hereof until maturity, the interest being payable as set forth below in lawful money of the United States of America at: P.O. Box 454 Bristol, Florida 32321 or such other address as the holder from time to tine may specify by written notice to the maker, the principal and interest to be paid as follows: In the event of default under this note, the unpaid balance of the principal sum of the debt evidenced by this note and interest thereon shall immediately become due and payable, and the mortgage securing such debt shall become subject to foreclosure proceedings, at the election of the holder. TE the Note Holder has not received the full amount of any scheduled payment by the date it is due, I will pay a late charge to the Note Holder, The amount of the charge will be 5% of my overdue payment of principal and interest or $50.00 the Greater amount. I will pay this late charge promptly but only once on each late payment. Principal and accrued interest, at the rate of Nine (9.00%) percent, per annum, payable in 156 weekly instaliments of $1,474.67 each, commencing on the Lith day of August, 2006, and continuing weekly for 156 months with a balloon payment of $668,761.30 becoming due on July 31, 2009. Tngt:G020061118 Date:68/08/2006 Times1$:10 ‘DOC STARFS/HTG ; at I TWTANGISLE TA : 142496 ann ROBERE HULL, LABRET County 8:165 7:50 ~ = - ~ ~ ~ ‘his note with intevest is secured by a mortgage on real estate, of even date herewith, and shall be construed and enforced accordingly. If there is a default in payment of any of the sums or interest or in said mortgage, or in the performance of any agreements contained herein or in said mortgage, and it continues fora period of FIPTEEN (15) days then, at the become due option of the holder of the note, the principal sum then remaining unpaid with accrued interest shall immediately interest and collectible without notice, time being of the essence of this contract, and the principal sum and accrued shalt both bear interest at the highest rate allowable by law from the date of default until paid. All sums paid under this note shall of the be credited first to accrued interest and then to principal. Failure to exercise this option shall not constitute a waiver right to exercise the same in the event of any subsequent default. to pay Each maker and endorser waives presentment, protest, notice of protest and notice of dishonor and agrees reasonable attorneys’ fees and expenses in the enforcement of this note prior or subsequent to judgment and in any and alt shall be employed trial and appellate tribunals, whether suit be brought or not if, after maturity of this note or default, counsel to collect this note or to protect the security of said mortgage. “Phe indebtedness evidenced by this note may be prepaid in whole gf i art at any time without penalty or premium. 4 Gea) MAKER'S ADDRESS: RICHARD G. BROWN Lape BO BSG thers eorechy Bir SRS TST ine Gardby Wagy Spa, tc, 2005 (409) 755558 Frm LS Engst: 0020081318 Date: yugspaaes Pies t5:10 ‘DOC STANPS/HTG : INTANGIBLE TAZ + Hat ‘This Document Prepared By and Retuento: DC ROBERT RILL, LIBERTY County B:165 P:502 MELODY Di TITLE SERVICES, Inc. cers - 7030 STREET + FLORIDA 32424 THIS 1S A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE. UPON MATURITY IS $ 668,761.30 TOGETHER WITH ACCRUED INTEREST, If ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. Real Estate Mortgage THIS MORTGAGE made this ath day of August AD. 2006 between RICHARD G. BROWN, A SINGLE MAN ‘herein called Mortgagor, in consideration of the sum manned in the promissory abte herein devcribed received from JOHNNY B. EUBANKS & BETHEL S. EUBANKS HUSBAND AND WIFE bere) cated Mortgagee, (the torms "Morigagor” and "Mongagee" include all panties én each capacity to this Snstrumont and their respective belts, personal representatives, successors and assigns; the term “note” includes ull promissory ates desovibed herein) Mortgagor hereby mortgages to Morigagerthe real propeny in. Liberty County, Florida deveribed as: PARCEL NO, I (ID#026-18~-6W-00699-000) Commence at a point marking the Southwest Corner of the Northwest Quarter of Section 26, Township 1 South, Range 6 West, Liberty County, Florida, thence run North 33 degrees 58 minutes 03 seconds East 290.34 feet; thence North 65 degrees 55 minutes 03 seconds East 351.57 feet; thence South 77 degrees 14 minutes 57 seconds Hast 181,71 feet; thence North 81 degrees 10 minutes 03 seconds Bast 191.59 feet; thence North 71 degrees 10 minutes 03 seconds Bast 311.08 feet; thence North 78 degrees 40 minutes 03 seconds East 107.64 feet; thence North 44 degrees 18 minutes 03 seconds East 144.92 feet to a rod and cap; said point lying on the approximate waters edge for the POINT OF BEGINNING, thence from said POINT OF BEGINNING, run North 38 degrees 19 minutes 16 seconds West 717.05 feet to a concrete monument; thence North 51 degrees 17 minutes 21 seconds West 459.20 feet to a concrete monument lying on the : TOGETHER with sit eascments, connected thereul RORSAORRE nA AEGRERIRE Minereon, fixtures attached thereio, aay funiture i furnishings located thercon or thorsin and any reversions, remainders, reuts, issues end profits thereof as security for the payment of the promissory ote, a copy of which is tached. ‘AND Mortgagor hereby covenanis: 1 Fhat Mortgagor iS in actus! possession and seized of soit real property in fe simple with full power and lawful vight 10 mortgage. the same, that suid property is thee from all fieng and encumbrances except as set forth hercins that Mortgagor fully warrana dhe tile 10 suid, real [property snd will defend the same against lewful claims ofall persons whosoever, 2 ‘To pay all money required by Sait note und this mortgage. or either, promptly when due. 3 ‘To pay all taxes, nents, fevies, Hiabilties, ob Si 8 ard ee ces of every description now on or which may hereafter accrue ‘on ssid property, this mortgage and the debi secured hereby, or any of these, when duc. If any part thercof is not paid when due, Mongagee may pay it vwitliout waiving the option ta foreclose this morgage or any other right heveundes. 4 “Fe pay wll costs and expenses rogether with rearonable attorney's fees (including appellate procevitings) incurred by Morigagee because of any defaskby Mortgagor under this mortgage and suid note. or either, 5 “To keep the fimprovements now or hereafter on said property insured agaimt toss by fire or other Ineards included in the terms "extended coverage” and “other peri” in the amount scoured by this mortgage by av insurer approved by Mortgages. The policy shall be held by and coude payable to Morgagec by standaed New York mortgagee clause without contribution as Mortgagee’s interest may appear. If any money becomes payable tinder each policy, then all checks for sand money will be made payable 10 Mortgagor and Mortgagce and the proceeds shall be fist applied to restore the meirtgayed property to the condition it was immediately before dhe loss occured and if there be any excess or if the property not so restored then Morigagee may apply the same to the payments lst due on the debt socured howby or may permit Mortgagor bo use it, or any part thereof, for ‘thor purposcs without waiving or impairing any tien ot right bercunder. AF Mortyagor fails wo obtain auch policy, Morigagee nay procure @ and pay sherefos without waiving the option to foreclose this mortgage or any other right hereunder. 6 ‘To pert, commit or sufferno waste, impairaeat or deterioration of ssl property or any part thereat. 1 ‘Vit iF said property, cr any part thereat, iS taken by eminent domain, Mortgagee shall have the sight 1 receive ana apply all rxmey paid lor such thing w the payments last diie on the debt secured herchy or may permit Morigagor 10 use at, or any part thereof, for other purpasesof ‘without waiving or inpairing any lien or right under this mortgage. IF the remaining par of said propesty is inadequate security for she ompaid balasce ‘suid debt, Mortgager may accelerate payment dhereo! inwnediately. 8 ‘That i Morigagee shal) bold another mortgage of lion om said property, a default uedor such other mortgage or orlise ten.shall 1 constitute & efault andor this morgage also. Any delauk under this morgage shall Hkewise corstiute a defi umnisr such other mortgage farockosute procceings under any morgage oF Hen (whether held by Morigegoe ur another) affecting said property ore instituted, ths shall constitute a defaatt sander this morigage payment of any 9. ‘That Mortgages may forbear «9 enforce defanits under this morgage ani! said note, or either, or muy extent the time for penning to this money secuted bereby oF may tke other or additional scourty and ray deol dircetly with any owner of said property in all respects morigage and said note, oF either, without nom to the consent of any person Hisble under this mortgage and said note, or either, and without ‘ischargg or affecting thy liability of wny person Hable weder this mortgage and xakl nots, oF ether taser Gener by © pay Some ne, 2005 (85 TNS Fam LINEN Real Estate Mortgage - page 2 Inst sQ020061118 pate:00/09/2006 Yine:t8 ait ‘DOC STAMPS/NEG ¢ 2488.58 THTANGIBLE TAL + Wah 9, ROBERT ILL LIBSRIY Coumty B:185 B03 a ~ - 10, ‘Mat the rents, profs, iacome, issues and revenues of said property (including any personal propeny located therson or therein) ste assigned and pleiged as father security for the payment ofthe debt secured hereby with the right (but no duly) on the part of Morigagee fo dem and receive and apply them om said debt at any time after w default hereunder, If suit is instinted 10 foreclose o¢ reform this mortgage oF to determine the validity or priority thereof, Mortgage shall be entitled to appointment of 2 receiver pendent lite without motice for saad property and of alt rents, income, profits, issues and revenue thereo!. It is covenanted and agreed that the Court shall fortwith appoint a receiver of said property and of such ‘ents, income, profits, issues ane reveuuos. Such appointment shall be rude as a mater of sitit right to Mangagee without reference to the adequacy or inadequacy of the value ofthe property herchy mortgaged orto tho solvency or insolvency af Mortgage i ‘That if any dispute arises involving said note and this mortgage, or either, whiercin Mortgages incurs any costs (regardless of whether or nat egal proceedings are instiruted) or if any action or proceeding (inchiding appellate proceedings) shall be rusintained by any person other than Morgagee wihversin Mortgagee is made a pany, all expenses incwral by Mongagee i prosecute ar defend the rights ercated by this morgage and said noe, ‘or either, together with reasonable attorney's fees and cosle, whether same be rendered for negotistion, tial or appellate work, shall be paid by Mortgager. 12 ‘That if any money sorured hereby is aot filly paid within THIRTY (30) days after it becomes due, oF if aay covensat oe ‘agreement of suid note and this mortgage, or either, is breached, Mortgager shall have the option to accelerate payment of the extire principal and any other money secured hereby as immediately due sod payable without notice. ‘Time is of tho essence of this mortgage. Any payment made by Mortgager under paragraphs 3, 4, 5, of TE shall bear interest at the owximum legal rate from the date of payment and shall be secured by this mortgage. No waiver any subsequent delilt ot of the of oF failure to enforce any default or obligation under this morgage and said note, or either, shall constitule a waiver of shall tens of either instrament. If thore is any conflict between the terms of this mortgage an) said note the terms of this mortgage preva In Witness Whereof, ihe mortgagor has hereunto set his hand und sea) the day and year first above written, THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY IS $ 668,761.30 TOGETHER | : WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. Signed, sealed and delivered in our presence: ‘ 1, Hitn Witness Signat ure RICHARD G. BROWN a Printed Name: Jed Mm. Hiecs P.O, Address: P.O. BOX 298, Hosford, FL 32334 Hd, Le t fet oe ens ignature nted DaWwiun Name: Th4.ay STATE OF Florida COUNTY OF caLHOUN ‘The foregaing instrument was acknowledged before me this a day of August +2006 by RICHARD G. BROWN, A SINGLE MAN he is personally knawn to me or he has produced bis Florida driver's License as identification, Px, ted ubDyY A. DoW AAS ary @ Lic Iw A ‘Comenission Expires: MCOMNESSION & “Tomi es BONDED NED rw IE, 3751, taser Geneated by © Dipay Sem, ec, 2085 (48) 769955 Form FLPMA Real Estate Mortgage - rage 3 Inst :O020061118 Dater 8/09/2006 Timest5:10 DOG STARPS/ATG + 2488.50 ‘TRTAHGIBLB TA Hangt ences DC ROBBRE HULL LIBERTY County B:165 F504 Southerly right of way of the Apalachicola Northern Railroad; thence run along said right of way North 51 degrees 00 minutes 00 seconds Bast 409.53 feat to an "X" in pavement; thence leaving said right of way xun North 39 degrees 01 minutes 07 seconds West 119.85 feet to an “X™ in pavement lying on the Southerly right of way of State Road Number 65; thence run along said right of way North 51 degrees 44 minutes 20 seconds East 23.75 feet to an "XK" in pavement; thence leaving said right of way run South 38 degrees 56 minutes 59 seconds Hast 119.54 feet to a re-bar lying on the Southerly right of way of Apalachicola Northern Railroad; thence run along said right of way North 51 degrees 00 minutes 09 seconds Fast 309.74 feet to a concrete monument; thence leaving said right of way run South 24 degrees 01 minutes 29 seconds East 631.32 feat to a concrete monument; thence North 50 degrees 56 minutes 47 seconds East 653.47 feet to a concrete monument Lying on the Southwesterl y right of way of State Road No.. 67-A, said point being the point o: £ curve to the left having a radius of 1197.15 feet; thence run Southeasterly along said right of way and said curve for 100.47 feet, thru a central angle of 04 degrees 50 minutes 12 seconds, chord of said arc being South 72 degrees 50 minutes 34 seconds East 101,03 feet to a concrete monument; thence continue along said right of way South 76 degrees the12 minutes 46 East 20.15 feet to aintersection rod and cap marking of” seconds gaid right of way with the approximate waters edge of Dave Cannon Branch; thence leaving said right of way run along said approximate waters edge as follows: & jouth 22 degrees 00 minutes 03 seconds West 23.04 feet; thence South 06 degrees 43 minutes 57 seconds Bast 89.87 feet; thence North 83 degrees 16 minutes 03 seconds East 52.34 feet: thence South a7 degrees 50 minutes 5 seconds Bast 209.36 feet: feet: ‘ thence South 61 degrees 38 minutes 03 seconds West 128.42 thence South a9 degrees 08 minutes: 03 seconds West 331.82 feet; thence south 25 degrees 25 minutes 93 seconds West 164.92 feet; e thence South 67 dagrees 25 minutes 03 seconds West 171.84 feet; thence South 27 degrees 35 minutes 03 seconds Weat 324.91 feet; thence South 42 degrees 20 minutes 26 seconds West 46.53 feet to thee POINT OF BEGINNING. IN THE RIGHT OF WAY OF THE LESS AND EXCEPT PROPERTY WHICH LIES APALACHICOLA NORTHERN RAILROAD. PARCEL NO. 2 (PARCEL ID#025-18-SW-00145-000) Commence the Southwest Corner of Section 25, Township 1 South, at 2352.00 feet; Range 5 West, Liberty county, Florida, thence run East thence North 208: 6.00 feet to a rod and cap for the POINT OF North 990,00 BEGINNING; thence from said POINT OF BEGII NNING, continue feet to a concrete monument; thence Bast 2250.94 feet to a point lying on the approximat e waters edge of Bluff Creek; thence run along said waters edge as follows: South 28 degrees 04 minutes 28 seconds Bast 20.38 feet; thence Sout! h 59 degrees 23 minutes 12 seconds East 40,33 feat; thence South 47 degrees 48 minutes 02 seconde East 37.78 South 02 degrees 28 minutes 21 seconds Bast 84.83 feet; feet; thence thence South 23 degrees 32 minutes 50 second: js West 58.68 feet; thende South 14 degrees 41 minutes 55 seconds West 53.05 feet; thence South feet; thence South 18 19 degrees 05 minutes 06 seconds West 4 1.32 feet thence South 13 degrees degrees 20 minutes 24 seconds West 80.22 18 degrees 46 38 minutes 54 seconds West 53.02 feet; thence South degrees a7 minutes 53 seconds West 55.45 feet: thence South 20 south 00. degrees 30 minutes O4 seconds West 40.70 feet; thence 40 44.31 feet; thence South i degrees minutes 45 seconds Bast o7 degrees 43 minutes 32 seconds West 48.90 feet; thence South OL degrees 38 minutes 16 seconds East 65.23 feet; thence South 16 degrees 49 minutes 59 seconds Bast 72.10 feet; thence gouth degrees 24 minutes 23 seconds Bast 52.40 feet; thence South ae minutes 25 seconds Bast 40.49 feet; thence south 48 degrees 10 iG 87.87 feet; thence South 36 degrees 56 minutes 22 seconds East degrees 01 59 minutes 25 seconds East 42.11 feet; thence South degrees 24 minutes 19 seconds East 48.43 feet; thence South 45 said approximate minutes 43 seconds Bast 68.37 thence leaving feats (Cont inued on Attached) es een oy Dy Seen, 2008 (86 TORSSES Fann FLAMINEL Real Estate Mortgage - page « Inst:0020061138 Date;06/09/2006 Tines5:16 ‘BOC STAMPS/NTG. + 2488.50 ERTANGIBLE TAZ : M23 P5058. cD ROBERT ‘BILE, LIBBRET County B:165 - - - ~ - - waters edge run West 2423.47 feet to the POINT OF BEGINNING. PARCEL NO. 3 (PARCEL ID#033-18-5W-00172-001) Commence at the Northeast Corner of Section 33, Township 1 South, Range 5 West, Liberty County, Florida; thence run west 1461.24 feet; thence North 10 degrees 06 minutes 00 seconds West 854.70 feet; thence South 80 degree 00 minutes 00 seconds West 1320.00 feat; thence North 10 degrees 10 minutes 43 seconds West 86.07 feet to the Southerly maintained right of way of a 40 foot wide county graded road; thence cun along said maintained right of way as follows: north 80 degrees 22 minutes 08 seconds Weat $71.05 feet to a rod and cap; thence South 89 degrees 09 minutes 41 seconds Weet 79.56 feet; thence South 88 degrees 57 minutes 28 seconds West 178.56 feet to a rod and cap for the POINT OF BEGINNING; thence from said POINT OF BEGINNING, continue South 88 degrees 57 minutes 28 seconds West 33.18 feet to a rod and cap; thence North 82 degrees 08 minutes 42 seconds West 1190.00 feet to a rod and cap; thence South 88 degrees 08 minutes 41 seconds West 100.57 feet to a rod and cap; thence South 78 degrees 34 minutes 42 seconds West 126.38 feet to a rod and cap; thence South 02 degrees 01 minutes 56 seconds East 42.94 feet to a rod and cap; thence South 22 degrees 32 minutes 43 seconds East 513.24 feet; thence leaving said maintained right of way run North 67 degrees 27 minutes 17 seconds Bast 348.48 feet; thence South 22 degrees 32 minutes #3 seconds East 250.00 feet) thence South 67 degrees 27 minutes 17 seconds West 348.48 feat to a rod and cap lying on the Easterly maintained right of way of said county road; thence’ run along said maintained right of way as follows; South 22 degrees 32 minutes 43 seconds East 30.00 feet to a rod and cap; thence South 14 degrees 16 minutes 18 seconds East 17.56 feet to a rod and cap; thence leaving said maintained right of way run South 89 degrees 46 minutes 00 seconds West 649.00 feet to a concrete monument; thence South 83 degrees 4@ minutes 29 seconds East 527.07 feet to a concret: S8 monument; thence North 79 degrees 41 minutes 18 seconds Eaat 80.35 feet to a rod and cap; thence North 10 degrees 11 minutes 40 seconds West 709.84 feet to the POINT OF BEGINNING, @ Also, commence at the Northeast Corner of Section 33, Township i South, Range 5 West, Liberty County, Florida, thence run West 1461.24 feet; thence North 10 degrees 00 minutes 00 seconds West 854.70 feetz thence South 80 degrees 00 minutes 00 seconds West 1320.00 feet; thence South 10 degrees 10 minutes 43 seconds East 141.90 feet to a concrete monument; thence South 46 degrees 46 minutes 00 seconds West 451.22 £eet to a litewood hub; thence South 79 degrees 41 minutes 18” seconds West 494,02 feet to a concrete monument; thence South 04 degrees 56 minutes $4 seconds West 224.65 feat to a xod and cap; to a thence south 20 degrees 11 minutes 27 seconds Hast 251.23 feet rod and cap fox the POINT OF BEGINNING; thence from said POINT OF BEGINNING continue South 20 degrees 11 minutes 27 seconds East 244.07 feet to a concrete monument; thence South 85 degrees 48 minutes 03 seconds West 802.07 feet to a rod and cap; thence North 01 degrees 05 89 minutes 24 seconds West 344.07 feet to a rod and cap; thence South degrees 26 minutes 29 seconds West 551.82 feet ta a rod and cap? thence North 13 degrees 22 minutes 59 seconds East 30.91 feet; thence South 89 degrees 26 minutes 28 seconds Bast 642.22 feet to a concrete monument; thence South 82 degrees 06 minu tes 12 seconds East 630.45 ‘ feet to the POINT OF BEGINNING. i: WITH A NON-EXLUSIVE PERPETUAL EASEMENT FOR INGRESS, EGRESS,” SOGETHER AND UTILITIES, ACROSS THE FOLLOWING DESCRIBED LANDS: Commence at the Northeast Corner of Section 33, Township 1 South, Range 5 West, Liberty County, Florida, thence run West 1461.24 feet; North 10 degrees 00 minutes 00 seconds West 854.70 feet; thence South 80 degrees 00 minutes 00 seconds West 1320.00 feet; > thence