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IN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA
COUNTY CIVIL DIVISION
Case No.: LE CC 88/9
SUMMER BAY PARTNERSHIP,
a Florida general partnership,
Plaintiff,
vs.
Count 1 KIMBERLY JOHNSON
Count 2. STEPHEN P. KINNEY and GENEVIEVE R. KINNEY
Count 3 JEANNETTE LORRAINE KNIGHT
Count 4. LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI II
Count 5 IVAN LEON and MISLEIDY IBARRA
Count 6 MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES
Count 7 CHARLES EDWARD MARTIN JR. and JANMARIE NOLEN MARTIN
Count 8 PEDRO MATOS TORRES and LEIDA L. MARTINEZ QUIROS
Count 9 THOMAS JOHN MC CAFFREY and BETH J. MC CAFFREY
Count 10 PETER D. MELENDEZ and CASSANDRA L, MELENDEZ
b>
Count 11 DANIELLE L. MYERS Bose x
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Count 12 JOSE GUILLERMO NATIVI and MARITZA I. TORRES BxQz SB
m
Count 13 CECILIO NUNEZ and VICTORIA NUNEZ Go z Qt
Count 14 JOSE NUNEZ and SOFIA E. NUNEZ asf
5°25
Count 15. MAYRA OCON z
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Sxx Ps hO4
(PrintedDNathe) 5
STATE OF FLORIDA
COUNTY OF LAKE
I, the undersigned authority, in and for said County, in said State, br eal shat Kimberly Johnson, whose name is signed
Le > Are
to the foregoing instrument, and who is known to me or who produced for identification, acknowledged
before me on this day that, being informed of the contents of the instrument, (he, she, they) executed the same voluntarily on the day
the same bears date.
Given under my hand and official seal this Ce YAday of.
Elizabeth Leon
Commission #DD23599)
xpires: Jul 29,
129, 2007
Atlantic Bonding Co., Inc
ORS© ContrsstNo.; 26338-1
PROMISSORY NOTE
AUTOMATIC DEBIT PROGRAM
September 10, 2003
1 Meaning of Words. “I,” “me”, or “my” means everyone who signs this note, “You” or “your” or
“Holder” means the Payee or anyone else who holds this note.
2. My Promise to Pay. I hereby promise to pay to the order of Holder the principal sum of NINE
THOUSAND FOUR HUNDRED EIGHT AND 00/100 ($9,408.00) together with interest as provided in paragraph 3
below in 84 consecutive equal monthly payments of $186.33 each, beginning on the 25th day of November, 2003, and
continuing on the same day of each month thereafter until paid in full. The amount of my last payment may vary if I have
paid any early or late, however, I recognize that I am not entitled to make any late payment. Payments are
payable at 25 Town Center Boulevard, Suite C, Clermont, Florida 34711, or at such other place as you designate.
3. Interest Rate. This Obligation shall bear interest at the rate of 15.90 per cent per annum commencing
on the date of this note and continuing until fully paid.
4, Consideration. This note is given to evidence any debt for the purchase of a Time-Share Estate located
at THE VILLAS AT SUMMER BAY, and designated as Time-Share Period/Unit Week No.(O)24 in Condominium Unit
No. 105108.
5 Security. This note is secured by a mortgage of even date on the Time-Share Estate.
6. Late Charge. If I am more than 10 days late in making a payment, I agree to pay a late charge of the
greater of $25.00 or five percent (5%) of each unpaid payment.
7. Prepayment. All installments or payments shall first be applied to accrued interest and the balance
thereof to the principal. I shall have the right to prepay this loan partially or in full at any time without penalty.
8. Default. These are Events of Default. IfI do not make a payment within thirty (30) days after the date
the same is due, provided I have been sent fifteen (15) days written notice of default following such thirty (30) days; if
I break any other written promise I make to you in this note or in the mortgage referred to in paragraph 5 above, or; if
anything I told you in a credit application was false when you received it. If 1 do default, you may without telling me
declare the entire unpaid balance due at once and otherwise proceed as authorized under applicable law. You can then
require me to pay that balance immediately (but you must give me the same credits and adjustments as you would if
prepaid in full). Then, if don't pay you immediately, you may charge me a default rate of interest at the highest lawful
rate then allowed by the laws of the State of Florida on the unpaid balances after you give me the agreed credits and
adjustments.
9. More Than One Signer. Ifmore than one person signs this note, each is responsible to perform its terms.
You may enforce this note against any one or more of the persons signing the Note.
10. Collection Costs. If you use an attorney to collect this note, I will pay the costs of collection, including
a reasonable attorney's fee at both the trial and appellate level.
ll. Waiver of Presentment, Protest and Notice of Dishonor. Presentment, Protest and Notice of Dishonor
are hereby waived.
12. Florida Law, This note is to be construed and enforced according to the laws of the State of Florida.
13, Automatic Debit Program. I have agreed to the terms of Holder's Automatic Debit Program wherein
I have authorized you to initiate monthly debit entries to my account as designated on the Automatic Debit
Authorization Form (hereinafter referred to as the ‘Automatic Debit Program’). I may be charged a Loan Service Charge
Fee of $282.24 (U.S.), representing three percent (3 %) of the principal sum of the original amount of the loan financed
in the event (yt ‘fail to participate in the Automatic Debit Program within 30 days of the date of this Note or (Q)1
discontinue participation in the Automatic Debit Program after I have elected to participate in the same, or (3) You elect
to discontinue my participation in the Automatic Debit Program in the event two (2) or more attempted debits to my
accot refused for Non-Sufficient Funds (or otherwise refused) or I close my bank account and fail to provide you
new wrmatiog, at least 30 days prior.
elo lence 0 KKenney 4W00l03
Stephen PXi Date Genevieve R. Kinney . Date
Exhibit 2-A~. "e" means an estimate * CFN 2003135352
Prepared by/Record and Return to: Bk 02433 Pos 0030 - 31; (2pgs)
sue DATE: 10/20/2003 11:35:17 AM
Paul M. Caldwell, Esquire J .
Paul M. Caldwell, PA. ime cat WATKINS, CLERK OF COURT
F.0.Box 120069 RECORDING FEES 9.00
Clermont, Florida 34712. TRUST FIND 1.50
Contract #:26338-1 ATG BOC 33.25
INTANGIBLE 18.82
THE VILLAS AT SUMMER BAY
MORTGAGE DEED
Executed the 10th day of September, 2003, by Stephen P. Kinney and Genevieve R. Kinney, hereinafter called the
Mortgagor, whose address is 7862 West Irlo Bronson Highway PMB 332 Kissimmee, FL 34747 to SUMMER BAY
PARTNERSHIP, a Florida General partnership, hereinafter called the Mortgagee, whose address is 25 Town Center
Boulevard, Suite C, Clermont, Florida 34711. Wherever used herein the terms "Mortgagor" and "Mortgage" include all the
parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of the
partnership, and the term "note" includes all the notes herein described (if more than one).
WITNESSETH, that for good and valuable considerations, and also in consideration of the principal sum of NINE.
THOUSAND FOUR HUNDRED EIGHT AND 00/100 Dollars ($9,408.00), together with interest thereon as evidenced in
the promissory note, of even date herewith, the Mortgagor intending to secure performance of the covenants herein and the
payment of the promissory note from Mortgagor to Mortgagee or the holder thereof, of even date herewith does hereby grant,
bargain, sell, alien, remise, convey and confirm unto the Mortgagee all the certain Time-Share Estate in Lake County, Florida,
to wit:
Time-Share Period Week (O)24 in Condominium Unit No. 105108 of THE VILLAS AT SUMMER
BAY, according to the Declaration of Condominium thereof recorded in Official Records Book
1897, page 1089, Public Records of Lake County, Florida, as amended
TOGETHER with the remainder over in fee simple absolute, as tenant in common with the other Owners of all Time-Share
Estates in the herein described Condominium parcel in that percentage interest determined and established by the aforesaid
Declaration of Condominium, with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances, remainders, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and
all fixtures, furniture and furnishings now or hereafter in or attached to the property, all of which, including replacements
and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage.
‘The designation of the Unit Week as (W), (E) or (O) assigns to the Mortgagor rights as set forth in the Warranty
Deed, wherein the Mortgagor is the Grantee,
Mortgagor agrees to promptly pay, when due, all ad valorem taxes and all assessments, fees and dues imposed by the
Association which govems the Condominium and/or Master Association and agrees to comply with all rules, regulations and
provisions set forth in the Declaration of Condominium, as amended (and all exhibits thereto) or promulgated pursuant
thereto.
Mortgagor agrees not to attempt a partition or subdivision of the Condominium or to support any amendment which
might charge the percentage interest of the Owners or which would affect the value of the security, without the prior written
consent of Mortgagee, which consent Mortgagee may withhold in its sole discretion.
If Mortgagor fails to perform any covenants or agreements of this Mortgage, or if any action is commenced which
materially affects Mortgagee's interest or the value of the security Mortgagee may, at its option, make such appearances,
disburse such monies and take all action necessary to protect the value of the security, including but not limited to disbursing
reasonable attorney's fees, paying condominium charges and assessments, making repairs, etc. Amounts disbursed, together
with interest thereon at the highest legal rate, shall become an additional indebtedness secured by this Mortgage.
If an Event of Default as defined in the note shall have occurred, Mortgagee may, either with or without entry or
taking possession as herein provided or otherwise, proceed by suit or suits at law or in equity or by any other appropriate
proceeding or remedy: (a) to enforce payment of the note or the performance of any term hereof or any other right; (b) to
foreclose this Mortgage; and (c) to pursue any other remedy, legal and/or equitable, available to it herein granted and/or under
applicable law.
As additional security, Mortgage shall be entitled, without notice to Mortgagor, to have a receiver appointed by a
Court to enter upon, take possession of and manage the property and have the right to collect and retain rents as they become
due, provided that this right shall not be utilized unless Mortgagor shall default hereunder or abandon the property.
_TO HAVE AND TO HOLD the same together with the tenements, hereditaments and appurtenances thereto
belonging, and the rents, issues and profits thereof, unto the Mortgage in fee simple.
. AND the Mortgagor covenants with the Mortgage that the Mortgagor is indefeasibly seized of said property in fee
simple; that the Mortgagor has good, right and lawful authority to convey said property as aforesaid; that the Mortgagor will
make such further assurances to perfect the fee simple title to said property in the Mortgagee as may reasonably be required;
that the Mortgagor hereby fully warrants the title to said property and will defend the same against the lawful claims of all
persons whomsoever and that said property is free and clear of all encumbrances except matters set forth in the Warranty
Deed respecting the Time-Share Estate given to the Mortgagor.
Exhibit 2-B. * OR BOOK 02433 PAGE 0031
- PROVIDED ALWAYS, that if the Mortgagor shall pay unto the Mortgagee the note herein identified and shall
perform, comply with and abide by each and every of the agreements, stipulations, conditions and covenants thereof, and of
this mortgage, then this mortgage and the estate hereby created, shall cease, determine and be null and void.
AND the Mortgagor hereby further covenants and agrees to pay promptly when due the principal and interest and
other sums of money provided for in the note and this mortgage or either; to pay all and singular maintenance fees, taxes,
assessments, dues, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit or
suffer no waste, impairment or deterioration of said Property or the improvements thereon at any time; to keep (or require
the Association to keep) the buildings within which the property is situated fully insured in a sum of not less than FULL
INSURABLE VALUE in a company or companies acceptable to the Mortgagee, the policy or policies to be held by and to
be payable to MORTGAGEE, and in the event any sum of money becomes payable by virtue of such insurance the Mortgagee
shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the Mortgagor for any
surplus; to pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the
Mortgagee because of the failure of the Mortgagor to promptly and fully comply with the agreements, stipulations, conditions
and covenants of said note and this mortgage, or either; to perform, comply with and abide by each and every of the
agreements, stipulations, conditions and covenants set forth in the note and this mortgage or either. In the event the
Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of the note
and this mortgage, or either, the Mortgagee may pay the same, without waiving or affecting the option to foreclose or any
other right hereunder and all such payments shall bear interest from date thereof at the highest lawful rate then allowed by
the laws of the State of Florida. Lawyer's fees shall include both trial and appellate proceedings.
Ifany sum of money herein referred to be not promptly paid within thirty (30) days next after the same becomes due,
provided I have been sent fifteen (15) days written notice of default following such thirty (30) days, or if each and every of
the agreements, stipulations, conditions and covenants of the note and this mortgage, or either, are not fully performed,
complied with and abided by, then the entire sum mentioned in said note, and this mortgage, or the entire balance unpaid
thereon, shall forthwith or thereafter, at the option of the Mortgagee, become and be due and payable, anything in said note
or herein to the contrary notwithstanding. Failure by the Mortgagee to exercise any of the rights or options herein provided
shall not constitute a waiver of any rights or options under said note or this mortgage accrued or thereafter accruing.
Nothing contained in this Mortgage or in the note shall be construed to entitle Mortgagee to receive, collect or apply
as interest, any amount in excess of the maximum rate of interest allowed by law. If Mortgage receives, demands, collects,
or applies as interest any such excess, such amount which would constitute excessive interest shall be applied to the reduction
of principal, and if such application results in payment in full of the principal, then the remaining excess shall be refunded
to Mortgagor.
This agreement embodies the entire agreement between the parties, supersedes any prior agreements and
understandings, and may be amended or modified only by an instrument in writing executed by the party against whom
enforcement is sought.
This agreement also shall constitute a security agreement under the Uniform Commercial Code.
IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed these presents the day and year first
above written.
Stephen P. Ki
ewe yee pe
Printed Name of Witness ‘Genevieve R. Kinhiey qT
EE gE
Witness
prunl-Cope LEystecale
Printed Name of Witness
STATEOF CoL92-400
COUNTY OF 42-4P440E
_1, the undersigned authority, in and for said County, in said State, hereby certify that Stephen P. Kinney and
Geneyieve R. Kinney., whose names are signed to the foregoing instrument, and who are known to me or who produced
- JO for identification, acknowledged before me on this day that, being informed of the contents of the
instrument, they executed the same voluntarily on the day the same bears date.
Given under ay hand and offical seal this /O7 “tay of SE PTE BL 00 3
y
eG Mac ®
Notary Public, State of at largeAccount # 281479 August 2, 2009
The Villas at Summer Bay
PROMISSORY NOTE
1. Meaning of Words. “I,” “me, or “my” means everyone who signs this notc, “You” or “your” or “Holder” means the
Payee or anyone clsc who holds this note.
2. My Promise to Pay. I hereby promise to pay to the order of Holder the principal sum of **EIGHT THOUSAND
SEVEN HUNDRED THREE AND 00/100** ($8,703.00) together with interest as provided in paragraph 3 below in 48 consccutive
equal monthly payments of $250.68 each, beginning on the 13th day of October, 2009, and continuing on the same day of each month
thereafter until paid in full. The amount of my last payment may vary if I have paid any payment early or late, however, I recognize that
am not entitled to make any late payment. Payments are payable at 25 Town Center Boulevard, Suite C, Clermont, Florida 34714, or at
such other place as you designate.
3. Intercst Rate, This Obligation shall bear interest at the rate of 16.90% per cent per annum commencing on the date of
this notc and continuing until fully paid.
4 Consideration. This note is given to evidence any debt for the purchase of a Unit Week located The Villas at Summer
Bay, and designated as Unit Week No. (O) 40 in Condominium Unit No. 104-302.
5. Security. This note is secured by a mortgage of even date on the Timeshare Estate.
6. Late Charge. If I am more than 10 days late in making a payment, I agree to pay a late charge of the greater of $25.00
of five percent (5%) of each unpaid payment.
7 Prepayment, All installments or payments shall first be applied to accrued interest and the balance thereof to the
principal. I shall have the right to prepay this loan partially or in full at any time without penalty.
8. Default. These are Events of Default. IfI do not make a payment within thirty (30) days aftcr the date the same is due,
provided I have been sent fifteen (15) days written notice of default following such thirty (30) days; if break any other written promise I
make to you in this note or in the mortgage referred to in paragraph 5 above, or; if anything J told you m a credit application was false
when you received it. If 1 do default, you may without telling me declare the entire unpaid balance due at once and otherwise proceed as
authorized under applicable law. You can then require me to pay. that balance immediately (but you must give me the same credits and
adjustments as you would if | prepaid in full}. Then, if I don't pay you immediately, you may charge me a default rate of interest at the
highest lawful rate then allowed by the laws of the State of Florida on the unpaid balances | after you give me the agreed credits and
adjustments.
9. More Than One Signer. If more than one-person signs this note, each is responsible to perform its terms. You may
enforce this note against any one or morc of the persons signing the note.
10, Collection Costs. If you use an atlornéy to collect this Note, I will pay the costs of collection, including a reasonable
attomey’s fee at both the trial and appellate level.
Waiver of Presentment, Protest and Notice of Dishonor. Presentment, Protest and Notice of Dishonor are hereby
‘waived.
12. Florida Law. This note is to be construed and enforced according to the laws of the State of Florida.
13. Automatic Debit Program. I have agreed to the terms of Holder’s Automatic Debit Program wherein | have
authorized you to iniciate monthly debit entries to my account as designated on the Automatic Debit Program Authorization Form
(hereinafter referred to as the ‘Automatic Debit Program’). I may be charged a Loan Service Charge Fee of $ 261.09 (U.S.),
representing three percent (3%) of the principal sum of the original amount of the loan financed in the event (1) I fail to participate
in the Automatic Debit Program within 30 days of the date of this Note or (2) I discontinue participation in the Automatic Debit
Program after I have elected to participate in the same, or (3) You elect to discontinue my participation in the Automatic Debit
Program in the event two (2) or more attempted debits to my account are refused for Non-Sufficient Funds (or otherwise refused)
or I close my bank account and fail to provide you new bank information at least 30 days prior.
Exccuted by Purchaser on August 2, 2009
Jeannette Lorraine Knight
Exhibit 3-AUI ORGY SU SE UU EER AE ARE
CPN BP2u0F1n45o¢
Prepared by and Return to:
Paul M: Caldwell 8k 0823 Ps ares (ies)
Caldwell & Payne, PA. DATE: OP/28/2009 1817818 Fr
*P.0. Box 120069" vere RELLY CLERK OF COURT
LAK i
Clermont, Florida 94712-0069 RECORDING FEES 10.00
Contract Number: 281479 HTG DOC 30.80
THTAHGIBLE 17.41
SHORT FORM MORTGAGE
THIS MORTGAGE (“Mortgage”) is made on 2nd day of August, 2009 between Jeannette Lorraine Knight (“Mortgagor”), whose address is 7862 West Irlo Bronson Highway
PMB 332, Kissimmee, Florida 34747 USA, and Summer Bay Partnership, a Florida general partnership (“Mortgage”), whose address is 25 Town Center Boulevard, Suite C,
Clermont, Florida 34714.
WHEREAS, Mortgagorhas executed and delivered to Mortgagee a promissory note (“Note”) bearing the same date as this Mortgage, under which Mortgagor has promised to
pay to Mortgage the principal sumn of $8,703.00 in lawful money of the United States, advanced or to be advanced by Mortgage to Mortgagor, with interest on the principal
‘sum at the rate and times, in the manner, and according to the terms and conditions specified in the Note;
NOW, THEREFORE, in consideration of the indebtedness, and as security for payment to Mortgagee of the principal, interest, and all other sums provided for in the Note
and in this Mortgage according to their respective terms and conditions, and for performance of the agreements, conditions, covenants, provisions, and stipulations contained
in this Mortgage and in the Note, Mortgagor grants, conveys, and mortgages to Mortgage that certain Timeshare Estate in Lake County, Florida, to wit:
Timeshare Period Week (0)40 in Condominium Unit No. 104-302 of The Villas at Summer Bay, according to the Declaration of Condominium thereof, as.
recorded in Official Records Book 1897, page 1089 of the Public Records of Lake County, Florida, as amended,
TOGETHER with the remainder over in fee simple absolute, as tenant in common with the other Owners of all Timeshare Estates in the herein described
Condominium parcel in that percentage interest determined and established by the aforesaid Declaration of Condominium, with all the improvements now or
hereafter erected on the property, and all easements, rights, appurtenances, remainders, rents, royalties, mineral, oil and gas rights and profits, water, water rights,
and water stock, and all fixtures, furniture and furnishings now or hereafter in or attached to the property, all of which, including replacements and additions
thereto, shall be deemed to be and remain a part of the property covered by this Mortgage. The designation of the Unit Week as (W), (E) or () assigns to the
Mortgagor rights as set forth in the Warranty Deed, wherein the Mortgagor is the Grantee.
TO HAVE AND TO HOLD for its own use forever, Mortgagee is granted, under this Mortgage, all of the interests and rights in the property described above.
By the execution and delivery of this Mortgage and the Note, Mortgagor covenants and agrees that until the indebtedness secured by this Mortgage i fully repaid, that all of
the general provisions, covenants, conditions, and qualifications recited in the “Master Mortgage,”” which has been recorded by Mortgagee in the Office of the Clerk of the
Circuit Court in and for Lake County, Florida on June 24, 2005 in Official Records Book 2870, page 966, are incorporated by reference in, and made an integral part of, this
Mortgage for all purposes. Mortgagor covenants and agrees to perform fully all of the general provisions, conditions, and obligations of this Mortgage and the Master
Mortgage. To the extent that there is any inconsistency between any of the provisions of this Mortgage or the Note and the Master Mortgage provisions, the provisions set
forth in this Mortgage or in the Note shall prevail.
This Mortgage is executed on the express condition that if Mortgagor pays to Mortgage the principal sum of the Note, the interest, and all other sums payable by Mortgagor
to Mortgagee that are secured by this Mortgage, in accordance with the provisions of the Note and this Mortgage, at the times and in the manner specified, and without
deduction, fraud, or delay, and if Mortgagor performs and complies with all the agreements, conditions, covenants, provisions, and stipulations contained in this Mortgage, in
the Note, and incorporated in these instruments by reference, then this Mortgage and the estate granted by it shall cease and become void.
has hereunto signed and sealed these presents the day and year first above written.
WH is [ecw he (oes
Des e Devae \)
or name) j 1
BEVERLY A. CANGRO
(Printed name)
STATE OF FLORIDA
COUNTY OF LAKE
1, the undersigned authority, in and for said County, in said State, hereby certify that Jeannette Lorraine Knight, whose name is signed to the foregoing
instrument, and who is known to me or who produced _ ff DR Lt for identification, acknowledged before me on this day that, being informed of the
contents of the instrument, (he, she, they) executed the same voluntarily on the day the same bears date.
Given under my hand and official seal this day of.
Commission # DD 785285
Bonded Through National Notary Assn.
Version 1.01
Exhibit 3-BAceoutt # 200140
The Villas at Summer Bay
PROMISSORY NOTE
October 15, 2006
1, Meaning of Words. “I,” “me, or “my” means everyone who signs this note, “You” or “your” or “Holder”
means the Payee or anyone else who holds this note.
2. My Promise to Pay. I hereby promise to pay to the order of Holder the principal sum of **EIGHT
THOUSAND NINE HUNDRED TEN AND 00/100** ($8,910.00) together with interest as provided in paragraph 3 below
in 84 consecutive equal monthly payments of $181.57 each, beginning on the Sth day of December, 2006, and continuing on
the same day of each month thereafter until paid in full. The amount of my last payment may vary if I have paid any
payment early or late, however, I recognize that I am not entitled to make any late payment. Payments are payable at 25
Town Center Boulevard, Suite C, Clermont, Florida 34714, or at such other place as you designate.
3. Interest Rate. This Obligation shall bear interest at the rate of 16.90% per cent per annum commencing on
the date of this note and continuing until fully paid.
4, Consideration. This note is given to evidence any debt for the purchase of a Unit Week located The Villas
at Summer Bay, and designated as Unit Week No. (O) 43 in Condominium Unit No. 103-201.
5. Security. This note is secured by a mortgage of even date on the Timeshare Estate.
6. Late Charge. If I am more than 10 days late in making a payment, I agree to pay a late charge of the greater
of $25.00 or five percent (5%) of each unpaid payment.
7. Prepayment. All installments or payments shall first be applied to accrued interest and the balance thereof
to the principal. | shall have the right to prepay this loan partially or in full at any time without penalty.
8. Default. These are Events of Default. If I do not make a payment within thirty (30) days after the date the
same is due, provided I have been sent fifteen (15) days written notice of default following such thirty (30) days; if I break
any other written promise I make to you in this note or in the mortgage referred to in paragraph 5 above, or; if anything I told
you in a credit application was false when you received it. If I do default, you may without telling me declare the entire
unpaid balance due at once and otherwise proceed as authorized under applicable law. You can then require me to pay that
balance immediately (but you must give me the same credits and adjustments as you would if I prepaid in full). Then, if I
don't pay you immediately, you may charge me a default rate of interest at the highest lawful rate then allowed by the laws of
the State of Florida on the unpaid balances after you give me the agreed credits and adjustments.
9. More Than One Signer. If more than one person signs this note, each is responsible to perform its terms.
You may enforce this note against any one or more of the persons signing the note.
10, Collection Costs. If you use an attomey to collect this Note, I will pay the costs of collection, including a
reasonable attomey's fee at both the trial and appellate level.
11. _ Waiver of Presentment, Protest and Notice of Dishonor. Presentment, Protest and Notice of Dishonor
are hereby waived.
12, Florida Law. This note is to be construed and enforced according to the laws of the State of Florida.
Purchaser on October 15, 2006
Hone Harry Kowalski I
Payable to the order of Textron Financial Corporation,
Its Successors and Assign, with recourse to the maker
of the note and with recourse to Summer Bay
Partnership, A Florida General Partnership
Date : 11/06/2006
By:
Christopher Sagherian, At
Exhibit 4-A: we intra woeeesucnn
This instrument prepared by (and return to):
CH 2006166659
Paul M. Caldwell Bk 03201 Ps 23684 (tea)
Attorney at Law DATE: 11/0/2006 11118812 al
P.O. Box 120069 PANES, Co UBTKIRE® CLERK OF ¢ouar
Clermont, Florida 34712-0069 RECORDING FEES 46.00
Contract Number: 200140 INTANGIBLE’ 17.82
The Villas at Summer Bay
SHORT FORM MORTGAGE
‘THIS MORTGAGE (“Mortgage”) is made on 15th day of October, 2006 between Leslie Magner Kowalski and Jerome Harry Kowalski III
(“Mortgagor”), whose address is P.O. Box 382, Umatilla, FL 32784, and SUMMER BAY PARTNERSHIP, a Florida general partnership
(“Mortgage”), whose address is 25 Town Center Boulevard, Suite C, Clermont, Florida 34714,
WHEREAS, Mortgagor has executed and delivered to Mortgagee a promissory note (“Note”) bearing the same date as this Mortgage, under which
Mortgagor has promised to pay to Mortgagee the principal sum of $8,910.00 in lawful money of the United States, advanced or to be advanced by
Mortgagee to Mortgagor, with interest on the principal sum at the rate and times, in the manner, and according to the terms and conditions
specified in the Note;
NOW, THEREFORE, in consideration of the indebtedness, and as security for payment to Mortgagee of the principal, interest, and all other sums
provided for in the Note and in this Mortgage according to their respective terms and conditions, and for performance of the agreements,
conditions, covenants, provisions, and stipulations contained in this Mortgage and in the Note, Mortgagor grants, conveys, and mortgages to
Mortgage that certain Timeshare Estate in Lake County, Florida, to wit:
TIMESHARE PERIOD/UNIT WEEK NO. 43(0) in Condominium Unit No. 103-201 of Villas at Summer Bay, according to the Declaration of
‘Condominium thereof, as recorded in Official Records Book 1897, Page 1089, Public Records of Lake County, Florida, and all amendments thereto, if
any,
‘TOGETHER with the remainder over in fe simple absolute, as tenant in common with the other Owners of ll Timeshare Estates in the herein described
Condominium parce! in that percentage interest determined and established by the aforesaid Declaration of Condominium, with all the improvements
now or hereafter erected on the property, and all easements, rights, appurtenances, remainders, ents, royalties, mineral, oil and gas rights and profits,
water, water rights, and water stock, and al fixtures, furniture and furnishings now or hereafter in or attached to the property, all of which, including
replacements and additions thereto, shall be deemed to be and remain a par ofthe property covered by this Mortgage. The designation ofthe Unit Week
425 (W), (E) or (O) assigns to the Mortgagor rights as set forth in the Warranty Deed, wherein the Mortgagor isthe Grantee.
‘TO HAVE AND TO HOLD for its own use forever, Mortgagee is granted, under this Mortgage, all of the interests and rights in the property
described above.
By the execution and delivery of this Mortgage and the Note, Mortgagor covenants and agrees that until the indebtedness secured by this Mortgage
is fully repaid, that all of the general provisions, covenants, conditions, and qualifications recited in the “Master Mortgage,”” which has been
recorded by Mortgage in the Office of the Clerk of the Circuit Court in and for Lake County, Florida on June 24, 2005 in Official Records Book
2870, page 966, are incorporated by reference in, and made an integral part of, this Mortgage for all purposes. Mortgagor covenants and agrees to
perform fully all of the general provisions, conditions, and obligations of this Mortgage and the Master Mortgage. To the extent that there is any
inconsistency between any of the provisions of this Mortgage or the Note and the Master Mortgage provisions, the provisions set forth in this
Mortgage or in the Note shall prevail.
‘This Mortgage is executed on the express condition that if Mortgagor pays to Mortgagee the principal sum of the Note, the interest, and all other
sums payable by Morigagor to Mortgage that are secured by this Mortgage, in accordance with the provisions ofthe Note and this Mortgage, at
the times and in the manner specified, and without deduction, fraud, or delay, and if Mortgagor performs and complies with all the agreements,
conditions, covenants, provisions, and stipulations contained in this Mortgage, in the Note, and incorporated in these instruments by reference,
then this Mortgage and the estate granted by it shall cease and become void
IN WITNESS WHEREOF, Mortgagor has hereunto signed and sealed peer presents the day and year first above written.
T\
“"°BATRICIA P. DAVIES
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(Printed name)
STATE OF FLORIDA
COUNTY OF LAKE
J, the undersigned authority, in and for said County, in said State, hereby certify that Leslie Magn ski and Jerome Harry
Kowalski II, whose names are signed to the foregoing instrument, and who are known to me or who produ &
for identification, acknowledged before me on this day that, being informed of the contents of the instrument, (he, she, they) executed the
same voluntarily on the day the same bears date.
Given under my hand and official seal this | S aay of Qc 2 Ovo
me PUBLIC, STATE OF FLORIDA
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By COMMEND 128
EXPIRES: ne 2 200
Exhibit 4-BAccount #213744
The Villas at Summer Bay
PROMISSORY NOTE
October 20, 2007
1 Meaning of Words. “I,” “me, or “my” means everyone who signs this note, “You” or “your” or “Holder”
means the Payee or anyone else who holds this note.
2. My Promise to Pay. I hereby promise to pay to the order of Holder the principal sum of **NINE
THOUSAND EIGHT HUNDRED TEN AND 00/100** ($9,810.00) together with interest as provided in paragraph 3
below in 120 consecutive equal monthly payments of $169.87 each, beginning on the Ist day of December, 2007, and
continuing on the same day of each month thereafter until paid in full. The amount of my last payment may vary if I have
paid any payment early or late, however, I recognize that I am not entitled to make any late payment. Payments are payable
at 25 Town Center Boulevard, Suite C, Clermont, Florida 34714, or at such other place as you designate.
3. Interest Rate. This Obligation shall bear interest at the rate of 16.90% per cent per annum commencing on
the date of this note and continuing until fully paid.
4, Consideration, This note is given to evidence any debt for the purchase of a Unit Week located The Villas
at Summer Bay, and designated as Unit Week No. (E) 40 in Condominium Unit No. 104-308.
5. Security. This note is secured by a mortgage of even date on the Timeshare Estate.
6. Late Charge. If I am more than 10 days late in making a payment, I agree to pay a late charge of the greater
of $25.00 or five percent (5%) of each unpaid payment.
7, Prepayment. All installments or payments shall first be applied to accrued interest and the balance thereof
to the principal. I shall have the right to prepay this loan partially or in fall at any time without penalty.
8. Default, These are Events of Default. If I do not make a payment within thirty (30) days after the date the
same is due, provided I have been sent fifteen (15) days written notice of default following such thirty (30) days; if I break
any other written promise I make to you in this note or in the mortgage referred to in paragraph 5 above, or; if anything I told
you in a credit application was false when you received it. If I do default, you may without telling me declare the entire
unpaid balance due at once and otherwise proceed as authorized under applicable law. You can then require me to pay that
balance immediately (but you must give me the same credits and adjustments as you would if I prepaid in full). Then, if I
don't pay you immediately, you may charge me a default rate of interest at the highest lawful rate then allowed by the laws of
the State of Florida on the unpaid balances after you give me the agreed credits and adjustments.
9. _ More Than One Signer. If more than one person signs this note, each is responsible to perform its terms.
‘You may enforce this note against any one or more of the persons signing the note.
10. Collection Costs. If you use an attorney to collect this Note, I will pay the costs of collection, including a
teasonable attorney's fee at both the trial and appellate level.
i. Waiver of Presentment, Protest and Notice of Dishonor. Presentment, Protest and Notice of Dishonor
are hereby waived.
12, Florida Law. This note is to be construed and enforced according to the laws of the State of Florida.
Executed on ber 20, 2007
ee P
Ivan Leon Misleidy Yatra
Pay to the order of Capital Source Finance LLC,
together with its successors and assigns, wi
Date: 11/9/07 nw course
By:
Christopher Sagherian, Attorney in Fact
Exhibit 5-AZ/ Ss Ly 3 S S : geen
Prepared by and Return to:
Sk Oesél Pa DSL5$ (Loa)
Paul M, Caldwoll, PA DATE: 11/16/2007 99207222 AM
P.O. Box 120069 NEIL KELLY) CLERK OF COURT
Clermont, Florida 34712-0069 CER COUNTY
RECORDING FEES 10.00
Contract Number: 213744 1TG DOC 34.65
INTANGIBLE 19.62
SHORT FORM MORTGAGE
‘THIS MORTGAGE (“Mortgage”) is made on 20th day of October, 2007 between Ivan Leon and Misleidy Tbarra(“Mortgagor”), whose address is
7862 West Irlo Bronson Highway PMB 332, Kissimmee, Florida 34747 USA, and Summer Bay Partnership, a Florida general partnership
(“Mortgage”), whose address is 25 Town Center Boulevard, Suite C, Clermont, Florida 34714.
WHEREAS, Mortgagor has executed and delivered to Mortgagee a promissory note (“Note”) bearing the same date as this Mortgage, under which
Mortgagor has promised to pay to Mortgagee the principal sum of $9,810.00 in lawful money of the United States, advanced or to be advanced by
Mortgage to Mortgagor, with interest on the principal sum at the rate and times, in the manner, and according to the terms and conditions
specified in the Note;
NOW, THEREFORE, in consideration of the indebtedness, and as security for payment to Mortgagee of the principal, interest, and all other sums
provided for in the Note and in this Mortgage according to their respective terms and conditions, and for performance of the agreements,
conditions, covenants, provisions, and stipulations contained in this Mortgage and in the Note, Mortgagor grants, conveys, and mortgages to
Mortgagee that certain Timeshare Estate in Lake County, Florida, to wit:
‘Timeshare Period Week (B)40 in Condominium Unit No. 104-308 of The Villas at Summer Bay, according to the Declaration of Condominium thereof,
as recorded in Official Records Book 1897, page 1089 of the Public Records of Lake County, Florida, as amended,
‘TOGETHER with the remainder over in fee simple absolute, as tenant in common with the other Owners of all Timeshare Estates in the herein described
‘Condominium parcel in that percentage interest determined and established by the aforesaid Declaration of Condominium, with all the improvements
‘now or hereafter erected on the property, and al easements, rights, appurtenances, remainders, rents, royalties, mineral, oil and gas rights and profits,
‘water, water rights, and water stock, and all fixtures, furniture and furnishings now or hereafter in or attached tothe property, all of which, including
replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage. The designation of the Unit Week
45 (W),(E) or (O) assigns to the Mortgagor rights as set forth in the Warranty Deed, wherein the Mortgagor isthe Grantee.
TO HAVE AND TO HOLD for its own use forever, Mortgagee is granted, under this Mortgage, al of the interests and rights in the property
described above.
By the execution and delivery ofthis Mortgage and the Note, Mortgagor covenants and agrees that until the indebtedness secured by this Mortgage
is fully repaid, that all of the general provisions, covenants, conditions, and qualifications recited in the “Master Mortgage,"" which has been
recorded by Mortgagee in the Office of the Clerk of the Circuit Court in and for Lake County, Florida on June 24, 2005 in Official Records Book
2870, page 966, are incorporated by reference in, and made an integral part of, this Mortgage for all purposes. Mortgagor covenants and agrees to
perform fully all of the general provisions, conditions, and obligations of this Mortgage and the Master Mortgage. To the extent that there is any
inconsistency between any of the provisions of this Mortgage or the Note and the Master Mortgage provisions, the provisions set forth in this
Mortgage or in the Note shall prevai
‘This Mortgage is executed on the express condition that if Mortgagor pays to Mortgagee the principal sum of the Note, the interest, and all other
sums payable by Mortgagor to Mortgagee that are secured by this Mortgage, in accordance with the provisions of the Note and this Mortgage, at
the times and in the manner specified, and without deduction, fraud, or delay, and if Mortgagor performs and complies with all the agreements,
conditions, covenants, provisions, and stipulations contained in this Mortgage, in the Note, and incorporated in these instruments by reference,
then this Mortgage and the estate granted by it shall Gease and become void.
IN WITNESS WHEREOF, Mortgagor has heyAinto signed and sealed these presents the gay
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Wimess
(Printed name)
STATE OF FLORIDA
COUNTY OF LAKE
1, the undersigned authority, in and for said County, in said State, hereby certify that Ivan Leon and Misleidy Ibarra, whose names are
signed tothe foregoing instrument, and who are known to me-or who produced E- (A for identification, acknowledged
before me on this day that, being informed of the contents of the instrument, (he, she, they) executed the same voluntarily on the day the same
ears date.
Given under my hand and official seal this) day of, CUDIYAL 20
@ HAST
MY GaviaMIgBION # 20869000
EXWIAES April 19, 2011
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Version 1.00
Exhibit 5-BAccount #203327
The Villas at Summer Bay
PROMISSORY NOTE
January 19, 2007
1. Meaning of Words. “I,” “me, or “my” means everyone who signs this note, “You” or “your” or “Holder”
‘means the Payee or anyone else who holds this note.
2. My Promise to Pay. I hereby promise to pay to the order of Holder the principal sum of **SEVEN
THOUSAND FOUR HUNDRED SEVENTY AND 00/100** ($7,470.00) together with interest as provided in paragraph 3
below in 84 consecutive equal monthly payments of $152.22 each, beginning on the 19th day of April, 2007, and continuing
on the same day of each month thereafter until paid in full. The amount of my last payment may vary if I have paid any
payment early or late, however, I recognize that I am not entitled to make any late payment. Payments are payable at 25
Town Center Boulevard, Suite C, Clermont, Florida 34714, or at such other place.as you designate.
3. Interest Rate, This Obligation shall bear interest at the rate of 16.90% per cent per annum commencing on
the date of this note and continuing until fully paid.
4, Consideration. This note is given to evidence any debt for the purchase of a Unit Week located The Villas
at Summer Bay, and designated as Unit Week No. (O) 18 in Condominium Unit No. 103-301.
5. Security. This note is secured by a mortgage of even date on the Timeshare Estate.
6. Late Charge. If I am more than 10 days late in making a payment, I agree to pay a late charge of the greater
of $25.00 or five percent (5%) of each unpaid payment.
7 Prepayment. All installments or payments shall first be applied to accrued interest and the balance thereof
to the principal. I shall have the right to prepay this loan partially or in full at any time without penalty.
8. Default. These are Events of Default. If I do not make a payment within thirty (30) days after the date the
same is due, provided I have been sent fifteen (15) days written notice of default following such thirty (30) days; if I break
any other written promise I make to you in this note or in the mortgage referred to in paragraph 5 above, or; if anything I told
you in a credit application was false when you received it. If I do default, you may without telling me declare the entire
unpaid balance due at once. and otherwise proceed as authorized under applicable law. You can then require me to pay that
balance immediately (but you must give me the same credits and adjustments as you would if I prepaid in full). Then, if 1
don't pay you immediately, you may charge me a default rate of interest at the highest lawful rate then allowed by the laws of
the State of Florida on the unpaid balances after you give me the agreed credits and adjustments.
9. More Than One Signer. If more than one person signs this note, each is responsible to perform its terms.
You may enforce this note against any one or more of the persons signing the note.
10. Collection Costs. If you use an attorney to collect this Note, I will pay the costs of collection, including a
reasonable attorney's fee at both the trial and appellate level.
11, __ Waiver of Presentment, Protest and Notice of Dishonor. Presentment, Protest and Notice of Dishonor
are hereby waived,
12. Florida Law. This note is to be construed and enforced according to the laws of the State of Florida.
Executed by Purchaser on January 19, 2007 .
—_ fou jronakee bDnNoad
Maytee Lois-Morales Elvis Daniel Morales
Pay to the order of Capital Source Finance LLC,
together with its sucesso} and assigns, with recourse
Date: 4/2/07 fo
By:
Christopher Sagherian, Attorney in Fact
Exhibit 6-ABC_-2073263F _
. ~ ‘sng hg AN
This instrument prepared by (and return to):
CFM 2007046350
Paul M. Caldwell Bk 03404 Ps 246178 (Ips)
Attorney at Law DATE: 04/05/2007 02214201
P. O. Box 120069 CANES C0 WATKIN, CLERK OP COURT
Clermont, Florida 34712-0069 LAKE COUNTY
RECORDING FEES 10.00
MTG DOC 26.25
Contract Number: 203327, INTANGIBLE 14.94
The Villas at Summer Bay
SHORT FORM MORTGAGE
THIS MORTGAGE (“Mortgage”) is made on 19th day of January, 2007 between Maytee Lois-Morales and Elvis Daniel Morales (“Mortgagor”),
whose address is 1335 W. 68Th Street Apt. 308, Hialeah, FL 33014, and SUMMER BAY PARTNERSHIP, a Florida general partnership
("Mortgage"), whose address is 25 Town Center Boulevard, Suite C, Clermont, Florida 34714.
WHEREAS, Mortgagor has executed and delivered to Mortgage a promissory note (“Note”) bearing the same date as this Mortgage, under which
Mortgagor has promised to pay to Mortgagee the principal sum of $7,470.00 in lawful money of the United States, advanced or to be advanced by
Mortgagee to Mortgagor, with interest on the principal sum at the rate and times, in the manner, and according to the terms and conditions
specified in the Note;
NOW, THEREFORE, in consideration of the indebtedness, and as security for payment to Mortgagee of the principal, interest, and all other sums
provided for in the Note and in this Mortgage according to their respective terms and conditions, and for performance of the agreements,
conditions, covenants, provisions, and stipulations contained in this Mortgage and in the Note, Mortgagor grants, conveys, and mortgages to
‘Mortgagee that certain Timeshare Estate in Lake County, Florida, to wit:
TIMESHARE PERIOD/UNIT WEEK NO. 18(0) in Condominium Unit No. 103-301 of Villas at Summer Bay, according to the Declaration of
Condominium thereof, as recorded in Official Records Book 1897, Page 1089, Public Records of Lake County, Florida, and all amendments thereto, if
any,
‘TOGETHER with the remainder over in fee simple absolute, as tenant in common with the other Owners of all Timeshare Estates in the herein described
‘Condominium parcel in that percentage interest determined and established by the aforesaid Declaration of Condominium, with alt the improvements.
‘now or hereafter erected on the property, and all easements, rights, appurtenances, remainders, rents, royalties, mineral, oil and gas rights and profits,
‘water, water rights, and water stock, and all fixtures, furniture and furnishings now or hereafter in or attached to the property, all of which, including
replacements and additions thereto, shall be deemed tobe and remain a pat of the property covered by this Mortgage. The designation ofthe Unit Week
as (W), (E) or (O) assigns to the Mort
Preview
IN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: LE CC 88/9 SUMMER BAY PARTNERSHIP, a Florida general partnership, Plaintiff, vs. Count 1 KIMBERLY JOHNSON Count 2. STEPHEN P. KINNEY and GENEVIEVE R. KINNEY Count 3 JEANNETTE LORRAINE KNIGHT Count 4. LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI II Count 5 IVAN LEON and MISLEIDY IBARRA Count 6 MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES Count 7 CHARLES EDWARD MARTIN JR. and JANMARIE NOLEN MARTIN Count 8 PEDRO MATOS TORRES and LEIDA L. MARTINEZ QUIROS Count 9 THOMAS JOHN MC CAFFREY and BETH J. MC CAFFREY Count 10 PETER D. MELENDEZ and CASSANDRA L, MELENDEZ b> Count 11 DANIELLE L. MYERS Bose x < m Count 12 JOSE GUILLERMO NATIVI and MARITZA I. TORRES BxQz SB m Count 13 CECILIO NUNEZ and VICTORIA NUNEZ Go z Qt Count 14 JOSE NUNEZ and SOFIA E. NUNEZ asf 5°25 Count 15. MAYRA OCON z - Sxx Ps hO4 (PrintedDNathe) 5 STATE OF FLORIDA COUNTY OF LAKE I, the undersigned authority, in and for said County, in said State, br eal shat Kimberly Johnson, whose name is signed Le > Are to the foregoing instrument, and who is known to me or who produced for identification, acknowledged before me on this day that, being informed of the contents of the instrument, (he, she, they) executed the same voluntarily on the day the same bears date. Given under my hand and official seal this Ce YAday of. Elizabeth Leon Commission #DD23599) xpires: Jul 29, 129, 2007 Atlantic Bonding Co., Inc ORS© ContrsstNo.; 26338-1 PROMISSORY NOTE AUTOMATIC DEBIT PROGRAM September 10, 2003 1 Meaning of Words. “I,” “me”, or “my” means everyone who signs this note, “You” or “your” or “Holder” means the Payee or anyone else who holds this note. 2. My Promise to Pay. I hereby promise to pay to the order of Holder the principal sum of NINE THOUSAND FOUR HUNDRED EIGHT AND 00/100 ($9,408.00) together with interest as provided in paragraph 3 below in 84 consecutive equal monthly payments of $186.33 each, beginning on the 25th day of November, 2003, and continuing on the same day of each month thereafter until paid in full. The amount of my last payment may vary if I have paid any early or late, however, I recognize that I am not entitled to make any late payment. Payments are payable at 25 Town Center Boulevard, Suite C, Clermont, Florida 34711, or at such other place as you designate. 3. Interest Rate. This Obligation shall bear interest at the rate of 15.90 per cent per annum commencing on the date of this note and continuing until fully paid. 4, Consideration. This note is given to evidence any debt for the purchase of a Time-Share Estate located at THE VILLAS AT SUMMER BAY, and designated as Time-Share Period/Unit Week No.(O)24 in Condominium Unit No. 105108. 5 Security. This note is secured by a mortgage of even date on the Time-Share Estate. 6. Late Charge. If I am more than 10 days late in making a payment, I agree to pay a late charge of the greater of $25.00 or five percent (5%) of each unpaid payment. 7. Prepayment. All installments or payments shall first be applied to accrued interest and the balance thereof to the principal. I shall have the right to prepay this loan partially or in full at any time without penalty. 8. Default. These are Events of Default. IfI do not make a payment within thirty (30) days after the date the same is due, provided I have been sent fifteen (15) days written notice of default following such thirty (30) days; if I break any other written promise I make to you in this note or in the mortgage referred to in paragraph 5 above, or; if anything I told you in a credit application was false when you received it. If 1 do default, you may without telling me declare the entire unpaid balance due at once and otherwise proceed as authorized under applicable law. You can then require me to pay that balance immediately (but you must give me the same credits and adjustments as you would if prepaid in full). Then, if don't pay you immediately, you may charge me a default rate of interest at the highest lawful rate then allowed by the laws of the State of Florida on the unpaid balances after you give me the agreed credits and adjustments. 9. More Than One Signer. Ifmore than one person signs this note, each is responsible to perform its terms. You may enforce this note against any one or more of the persons signing the Note. 10. Collection Costs. If you use an attorney to collect this note, I will pay the costs of collection, including a reasonable attorney's fee at both the trial and appellate level. ll. Waiver of Presentment, Protest and Notice of Dishonor. Presentment, Protest and Notice of Dishonor are hereby waived. 12. Florida Law, This note is to be construed and enforced according to the laws of the State of Florida. 13, Automatic Debit Program. I have agreed to the terms of Holder's Automatic Debit Program wherein I have authorized you to initiate monthly debit entries to my account as designated on the Automatic Debit Authorization Form (hereinafter referred to as the ‘Automatic Debit Program’). I may be charged a Loan Service Charge Fee of $282.24 (U.S.), representing three percent (3 %) of the principal sum of the original amount of the loan financed in the event (yt ‘fail to participate in the Automatic Debit Program within 30 days of the date of this Note or (Q)1 discontinue participation in the Automatic Debit Program after I have elected to participate in the same, or (3) You elect to discontinue my participation in the Automatic Debit Program in the event two (2) or more attempted debits to my accot refused for Non-Sufficient Funds (or otherwise refused) or I close my bank account and fail to provide you new wrmatiog, at least 30 days prior. elo lence 0 KKenney 4W00l03 Stephen PXi Date Genevieve R. Kinney . Date Exhibit 2-A~. "e" means an estimate * CFN 2003135352 Prepared by/Record and Return to: Bk 02433 Pos 0030 - 31; (2pgs) sue DATE: 10/20/2003 11:35:17 AM Paul M. Caldwell, Esquire J . Paul M. Caldwell, PA. ime cat WATKINS, CLERK OF COURT F.0.Box 120069 RECORDING FEES 9.00 Clermont, Florida 34712. TRUST FIND 1.50 Contract #:26338-1 ATG BOC 33.25 INTANGIBLE 18.82 THE VILLAS AT SUMMER BAY MORTGAGE DEED Executed the 10th day of September, 2003, by Stephen P. Kinney and Genevieve R. Kinney, hereinafter called the Mortgagor, whose address is 7862 West Irlo Bronson Highway PMB 332 Kissimmee, FL 34747 to SUMMER BAY PARTNERSHIP, a Florida General partnership, hereinafter called the Mortgagee, whose address is 25 Town Center Boulevard, Suite C, Clermont, Florida 34711. Wherever used herein the terms "Mortgagor" and "Mortgage" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of the partnership, and the term "note" includes all the notes herein described (if more than one). WITNESSETH, that for good and valuable considerations, and also in consideration of the principal sum of NINE. THOUSAND FOUR HUNDRED EIGHT AND 00/100 Dollars ($9,408.00), together with interest thereon as evidenced in the promissory note, of even date herewith, the Mortgagor intending to secure performance of the covenants herein and the payment of the promissory note from Mortgagor to Mortgagee or the holder thereof, of even date herewith does hereby grant, bargain, sell, alien, remise, convey and confirm unto the Mortgagee all the certain Time-Share Estate in Lake County, Florida, to wit: Time-Share Period Week (O)24 in Condominium Unit No. 105108 of THE VILLAS AT SUMMER BAY, according to the Declaration of Condominium thereof recorded in Official Records Book 1897, page 1089, Public Records of Lake County, Florida, as amended TOGETHER with the remainder over in fee simple absolute, as tenant in common with the other Owners of all Time-Share Estates in the herein described Condominium parcel in that percentage interest determined and established by the aforesaid Declaration of Condominium, with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, remainders, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures, furniture and furnishings now or hereafter in or attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage. ‘The designation of the Unit Week as (W), (E) or (O) assigns to the Mortgagor rights as set forth in the Warranty Deed, wherein the Mortgagor is the Grantee, Mortgagor agrees to promptly pay, when due, all ad valorem taxes and all assessments, fees and dues imposed by the Association which govems the Condominium and/or Master Association and agrees to comply with all rules, regulations and provisions set forth in the Declaration of Condominium, as amended (and all exhibits thereto) or promulgated pursuant thereto. Mortgagor agrees not to attempt a partition or subdivision of the Condominium or to support any amendment which might charge the percentage interest of the Owners or which would affect the value of the security, without the prior written consent of Mortgagee, which consent Mortgagee may withhold in its sole discretion. If Mortgagor fails to perform any covenants or agreements of this Mortgage, or if any action is commenced which materially affects Mortgagee's interest or the value of the security Mortgagee may, at its option, make such appearances, disburse such monies and take all action necessary to protect the value of the security, including but not limited to disbursing reasonable attorney's fees, paying condominium charges and assessments, making repairs, etc. Amounts disbursed, together with interest thereon at the highest legal rate, shall become an additional indebtedness secured by this Mortgage. If an Event of Default as defined in the note shall have occurred, Mortgagee may, either with or without entry or taking possession as herein provided or otherwise, proceed by suit or suits at law or in equity or by any other appropriate proceeding or remedy: (a) to enforce payment of the note or the performance of any term hereof or any other right; (b) to foreclose this Mortgage; and (c) to pursue any other remedy, legal and/or equitable, available to it herein granted and/or under applicable law. As additional security, Mortgage shall be entitled, without notice to Mortgagor, to have a receiver appointed by a Court to enter upon, take possession of and manage the property and have the right to collect and retain rents as they become due, provided that this right shall not be utilized unless Mortgagor shall default hereunder or abandon the property. _TO HAVE AND TO HOLD the same together with the tenements, hereditaments and appurtenances thereto belonging, and the rents, issues and profits thereof, unto the Mortgage in fee simple. . AND the Mortgagor covenants with the Mortgage that the Mortgagor is indefeasibly seized of said property in fee simple; that the Mortgagor has good, right and lawful authority to convey said property as aforesaid; that the Mortgagor will make such further assurances to perfect the fee simple title to said property in the Mortgagee as may reasonably be required; that the Mortgagor hereby fully warrants the title to said property and will defend the same against the lawful claims of all persons whomsoever and that said property is free and clear of all encumbrances except matters set forth in the Warranty Deed respecting the Time-Share Estate given to the Mortgagor. Exhibit 2-B. * OR BOOK 02433 PAGE 0031 - PROVIDED ALWAYS, that if the Mortgagor shall pay unto the Mortgagee the note herein identified and shall perform, comply with and abide by each and every of the agreements, stipulations, conditions and covenants thereof, and of this mortgage, then this mortgage and the estate hereby created, shall cease, determine and be null and void. AND the Mortgagor hereby further covenants and agrees to pay promptly when due the principal and interest and other sums of money provided for in the note and this mortgage or either; to pay all and singular maintenance fees, taxes, assessments, dues, levies, liabilities, obligations, and encumbrances of every nature on said property; to permit, commit or suffer no waste, impairment or deterioration of said Property or the improvements thereon at any time; to keep (or require the Association to keep) the buildings within which the property is situated fully insured in a sum of not less than FULL INSURABLE VALUE in a company or companies acceptable to the Mortgagee, the policy or policies to be held by and to be payable to MORTGAGEE, and in the event any sum of money becomes payable by virtue of such insurance the Mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the Mortgagor for any surplus; to pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the Mortgagee because of the failure of the Mortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said note and this mortgage, or either; to perform, comply with and abide by each and every of the agreements, stipulations, conditions and covenants set forth in the note and this mortgage or either. In the event the Mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of the note and this mortgage, or either, the Mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder and all such payments shall bear interest from date thereof at the highest lawful rate then allowed by the laws of the State of Florida. Lawyer's fees shall include both trial and appellate proceedings. Ifany sum of money herein referred to be not promptly paid within thirty (30) days next after the same becomes due, provided I have been sent fifteen (15) days written notice of default following such thirty (30) days, or if each and every of the agreements, stipulations, conditions and covenants of the note and this mortgage, or either, are not fully performed, complied with and abided by, then the entire sum mentioned in said note, and this mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the Mortgagee, become and be due and payable, anything in said note or herein to the contrary notwithstanding. Failure by the Mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said note or this mortgage accrued or thereafter accruing. Nothing contained in this Mortgage or in the note shall be construed to entitle Mortgagee to receive, collect or apply as interest, any amount in excess of the maximum rate of interest allowed by law. If Mortgage receives, demands, collects, or applies as interest any such excess, such amount which would constitute excessive interest shall be applied to the reduction of principal, and if such application results in payment in full of the principal, then the remaining excess shall be refunded to Mortgagor. This agreement embodies the entire agreement between the parties, supersedes any prior agreements and understandings, and may be amended or modified only by an instrument in writing executed by the party against whom enforcement is sought. This agreement also shall constitute a security agreement under the Uniform Commercial Code. IN WITNESS WHEREOF, the said Mortgagor has hereunto signed and sealed these presents the day and year first above written. Stephen P. Ki ewe yee pe Printed Name of Witness ‘Genevieve R. Kinhiey qT EE gE Witness prunl-Cope LEystecale Printed Name of Witness STATEOF CoL92-400 COUNTY OF 42-4P440E _1, the undersigned authority, in and for said County, in said State, hereby certify that Stephen P. Kinney and Geneyieve R. Kinney., whose names are signed to the foregoing instrument, and who are known to me or who produced - JO for identification, acknowledged before me on this day that, being informed of the contents of the instrument, they executed the same voluntarily on the day the same bears date. Given under ay hand and offical seal this /O7 “tay of SE PTE BL 00 3 y eG Mac ® Notary Public, State of at largeAccount # 281479 August 2, 2009 The Villas at Summer Bay PROMISSORY NOTE 1. Meaning of Words. “I,” “me, or “my” means everyone who signs this notc, “You” or “your” or “Holder” means the Payee or anyone clsc who holds this note. 2. My Promise to Pay. I hereby promise to pay to the order of Holder the principal sum of **EIGHT THOUSAND SEVEN HUNDRED THREE AND 00/100** ($8,703.00) together with interest as provided in paragraph 3 below in 48 consccutive equal monthly payments of $250.68 each, beginning on the 13th day of October, 2009, and continuing on the same day of each month thereafter until paid in full. The amount of my last payment may vary if I have paid any payment early or late, however, I recognize that am not entitled to make any late payment. Payments are payable at 25 Town Center Boulevard, Suite C, Clermont, Florida 34714, or at such other place as you designate. 3. Intercst Rate, This Obligation shall bear interest at the rate of 16.90% per cent per annum commencing on the date of this notc and continuing until fully paid. 4 Consideration. This note is given to evidence any debt for the purchase of a Unit Week located The Villas at Summer Bay, and designated as Unit Week No. (O) 40 in Condominium Unit No. 104-302. 5. Security. This note is secured by a mortgage of even date on the Timeshare Estate. 6. Late Charge. If I am more than 10 days late in making a payment, I agree to pay a late charge of the greater of $25.00 of five percent (5%) of each unpaid payment. 7 Prepayment, All installments or payments shall first be applied to accrued interest and the balance thereof to the principal. I shall have the right to prepay this loan partially or in full at any time without penalty. 8. Default. These are Events of Default. IfI do not make a payment within thirty (30) days aftcr the date the same is due, provided I have been sent fifteen (15) days written notice of default following such thirty (30) days; if break any other written promise I make to you in this note or in the mortgage referred to in paragraph 5 above, or; if anything J told you m a credit application was false when you received it. If 1 do default, you may without telling me declare the entire unpaid balance due at once and otherwise proceed as authorized under applicable law. You can then require me to pay. that balance immediately (but you must give me the same credits and adjustments as you would if | prepaid in full}. Then, if I don't pay you immediately, you may charge me a default rate of interest at the highest lawful rate then allowed by the laws of the State of Florida on the unpaid balances | after you give me the agreed credits and adjustments. 9. More Than One Signer. If more than one-person signs this note, each is responsible to perform its terms. You may enforce this note against any one or morc of the persons signing the note. 10, Collection Costs. If you use an atlornéy to collect this Note, I will pay the costs of collection, including a reasonable attomey’s fee at both the trial and appellate level. Waiver of Presentment, Protest and Notice of Dishonor. Presentment, Protest and Notice of Dishonor are hereby ‘waived. 12. Florida Law. This note is to be construed and enforced according to the laws of the State of Florida. 13. Automatic Debit Program. I have agreed to the terms of Holder’s Automatic Debit Program wherein | have authorized you to iniciate monthly debit entries to my account as designated on the Automatic Debit Program Authorization Form (hereinafter referred to as the ‘Automatic Debit Program’). I may be charged a Loan Service Charge Fee of $ 261.09 (U.S.), representing three percent (3%) of the principal sum of the original amount of the loan financed in the event (1) I fail to participate in the Automatic Debit Program within 30 days of the date of this Note or (2) I discontinue participation in the Automatic Debit Program after I have elected to participate in the same, or (3) You elect to discontinue my participation in the Automatic Debit Program in the event two (2) or more attempted debits to my account are refused for Non-Sufficient Funds (or otherwise refused) or I close my bank account and fail to provide you new bank information at least 30 days prior. Exccuted by Purchaser on August 2, 2009 Jeannette Lorraine Knight Exhibit 3-AUI ORGY SU SE UU EER AE ARE CPN BP2u0F1n45o¢ Prepared by and Return to: Paul M: Caldwell 8k 0823 Ps ares (ies) Caldwell & Payne, PA. DATE: OP/28/2009 1817818 Fr *P.0. Box 120069" vere RELLY CLERK OF COURT LAK i Clermont, Florida 94712-0069 RECORDING FEES 10.00 Contract Number: 281479 HTG DOC 30.80 THTAHGIBLE 17.41 SHORT FORM MORTGAGE THIS MORTGAGE (“Mortgage”) is made on 2nd day of August, 2009 between Jeannette Lorraine Knight (“Mortgagor”), whose address is 7862 West Irlo Bronson Highway PMB 332, Kissimmee, Florida 34747 USA, and Summer Bay Partnership, a Florida general partnership (“Mortgage”), whose address is 25 Town Center Boulevard, Suite C, Clermont, Florida 34714. WHEREAS, Mortgagorhas executed and delivered to Mortgagee a promissory note (“Note”) bearing the same date as this Mortgage, under which Mortgagor has promised to pay to Mortgage the principal sumn of $8,703.00 in lawful money of the United States, advanced or to be advanced by Mortgage to Mortgagor, with interest on the principal ‘sum at the rate and times, in the manner, and according to the terms and conditions specified in the Note; NOW, THEREFORE, in consideration of the indebtedness, and as security for payment to Mortgagee of the principal, interest, and all other sums provided for in the Note and in this Mortgage according to their respective terms and conditions, and for performance of the agreements, conditions, covenants, provisions, and stipulations contained in this Mortgage and in the Note, Mortgagor grants, conveys, and mortgages to Mortgage that certain Timeshare Estate in Lake County, Florida, to wit: Timeshare Period Week (0)40 in Condominium Unit No. 104-302 of The Villas at Summer Bay, according to the Declaration of Condominium thereof, as. recorded in Official Records Book 1897, page 1089 of the Public Records of Lake County, Florida, as amended, TOGETHER with the remainder over in fee simple absolute, as tenant in common with the other Owners of all Timeshare Estates in the herein described Condominium parcel in that percentage interest determined and established by the aforesaid Declaration of Condominium, with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, remainders, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures, furniture and furnishings now or hereafter in or attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage. The designation of the Unit Week as (W), (E) or () assigns to the Mortgagor rights as set forth in the Warranty Deed, wherein the Mortgagor is the Grantee. TO HAVE AND TO HOLD for its own use forever, Mortgagee is granted, under this Mortgage, all of the interests and rights in the property described above. By the execution and delivery of this Mortgage and the Note, Mortgagor covenants and agrees that until the indebtedness secured by this Mortgage i fully repaid, that all of the general provisions, covenants, conditions, and qualifications recited in the “Master Mortgage,”” which has been recorded by Mortgagee in the Office of the Clerk of the Circuit Court in and for Lake County, Florida on June 24, 2005 in Official Records Book 2870, page 966, are incorporated by reference in, and made an integral part of, this Mortgage for all purposes. Mortgagor covenants and agrees to perform fully all of the general provisions, conditions, and obligations of this Mortgage and the Master Mortgage. To the extent that there is any inconsistency between any of the provisions of this Mortgage or the Note and the Master Mortgage provisions, the provisions set forth in this Mortgage or in the Note shall prevail. This Mortgage is executed on the express condition that if Mortgagor pays to Mortgage the principal sum of the Note, the interest, and all other sums payable by Mortgagor to Mortgagee that are secured by this Mortgage, in accordance with the provisions of the Note and this Mortgage, at the times and in the manner specified, and without deduction, fraud, or delay, and if Mortgagor performs and complies with all the agreements, conditions, covenants, provisions, and stipulations contained in this Mortgage, in the Note, and incorporated in these instruments by reference, then this Mortgage and the estate granted by it shall cease and become void. has hereunto signed and sealed these presents the day and year first above written. WH is [ecw he (oes Des e Devae \) or name) j 1 BEVERLY A. CANGRO (Printed name) STATE OF FLORIDA COUNTY OF LAKE 1, the undersigned authority, in and for said County, in said State, hereby certify that Jeannette Lorraine Knight, whose name is signed to the foregoing instrument, and who is known to me or who produced _ ff DR Lt for identification, acknowledged before me on this day that, being informed of the contents of the instrument, (he, she, they) executed the same voluntarily on the day the same bears date. Given under my hand and official seal this day of. Commission # DD 785285 Bonded Through National Notary Assn. Version 1.01 Exhibit 3-BAceoutt # 200140 The Villas at Summer Bay PROMISSORY NOTE October 15, 2006 1, Meaning of Words. “I,” “me, or “my” means everyone who signs this note, “You” or “your” or “Holder” means the Payee or anyone else who holds this note. 2. My Promise to Pay. I hereby promise to pay to the order of Holder the principal sum of **EIGHT THOUSAND NINE HUNDRED TEN AND 00/100** ($8,910.00) together with interest as provided in paragraph 3 below in 84 consecutive equal monthly payments of $181.57 each, beginning on the Sth day of December, 2006, and continuing on the same day of each month thereafter until paid in full. The amount of my last payment may vary if I have paid any payment early or late, however, I recognize that I am not entitled to make any late payment. Payments are payable at 25 Town Center Boulevard, Suite C, Clermont, Florida 34714, or at such other place as you designate. 3. Interest Rate. This Obligation shall bear interest at the rate of 16.90% per cent per annum commencing on the date of this note and continuing until fully paid. 4, Consideration. This note is given to evidence any debt for the purchase of a Unit Week located The Villas at Summer Bay, and designated as Unit Week No. (O) 43 in Condominium Unit No. 103-201. 5. Security. This note is secured by a mortgage of even date on the Timeshare Estate. 6. Late Charge. If I am more than 10 days late in making a payment, I agree to pay a late charge of the greater of $25.00 or five percent (5%) of each unpaid payment. 7. Prepayment. All installments or payments shall first be applied to accrued interest and the balance thereof to the principal. | shall have the right to prepay this loan partially or in full at any time without penalty. 8. Default. These are Events of Default. If I do not make a payment within thirty (30) days after the date the same is due, provided I have been sent fifteen (15) days written notice of default following such thirty (30) days; if I break any other written promise I make to you in this note or in the mortgage referred to in paragraph 5 above, or; if anything I told you in a credit application was false when you received it. If I do default, you may without telling me declare the entire unpaid balance due at once and otherwise proceed as authorized under applicable law. You can then require me to pay that balance immediately (but you must give me the same credits and adjustments as you would if I prepaid in full). Then, if I don't pay you immediately, you may charge me a default rate of interest at the highest lawful rate then allowed by the laws of the State of Florida on the unpaid balances after you give me the agreed credits and adjustments. 9. More Than One Signer. If more than one person signs this note, each is responsible to perform its terms. You may enforce this note against any one or more of the persons signing the note. 10, Collection Costs. If you use an attomey to collect this Note, I will pay the costs of collection, including a reasonable attomey's fee at both the trial and appellate level. 11. _ Waiver of Presentment, Protest and Notice of Dishonor. Presentment, Protest and Notice of Dishonor are hereby waived. 12, Florida Law. This note is to be construed and enforced according to the laws of the State of Florida. Purchaser on October 15, 2006 Hone Harry Kowalski I Payable to the order of Textron Financial Corporation, Its Successors and Assign, with recourse to the maker of the note and with recourse to Summer Bay Partnership, A Florida General Partnership Date : 11/06/2006 By: Christopher Sagherian, At Exhibit 4-A: we intra woeeesucnn This instrument prepared by (and return to): CH 2006166659 Paul M. Caldwell Bk 03201 Ps 23684 (tea) Attorney at Law DATE: 11/0/2006 11118812 al P.O. Box 120069 PANES, Co UBTKIRE® CLERK OF ¢ouar Clermont, Florida 34712-0069 RECORDING FEES 46.00 Contract Number: 200140 INTANGIBLE’ 17.82 The Villas at Summer Bay SHORT FORM MORTGAGE ‘THIS MORTGAGE (“Mortgage”) is made on 15th day of October, 2006 between Leslie Magner Kowalski and Jerome Harry Kowalski III (“Mortgagor”), whose address is P.O. Box 382, Umatilla, FL 32784, and SUMMER BAY PARTNERSHIP, a Florida general partnership (“Mortgage”), whose address is 25 Town Center Boulevard, Suite C, Clermont, Florida 34714, WHEREAS, Mortgagor has executed and delivered to Mortgagee a promissory note (“Note”) bearing the same date as this Mortgage, under which Mortgagor has promised to pay to Mortgagee the principal sum of $8,910.00 in lawful money of the United States, advanced or to be advanced by Mortgagee to Mortgagor, with interest on the principal sum at the rate and times, in the manner, and according to the terms and conditions specified in the Note; NOW, THEREFORE, in consideration of the indebtedness, and as security for payment to Mortgagee of the principal, interest, and all other sums provided for in the Note and in this Mortgage according to their respective terms and conditions, and for performance of the agreements, conditions, covenants, provisions, and stipulations contained in this Mortgage and in the Note, Mortgagor grants, conveys, and mortgages to Mortgage that certain Timeshare Estate in Lake County, Florida, to wit: TIMESHARE PERIOD/UNIT WEEK NO. 43(0) in Condominium Unit No. 103-201 of Villas at Summer Bay, according to the Declaration of ‘Condominium thereof, as recorded in Official Records Book 1897, Page 1089, Public Records of Lake County, Florida, and all amendments thereto, if any, ‘TOGETHER with the remainder over in fe simple absolute, as tenant in common with the other Owners of ll Timeshare Estates in the herein described Condominium parce! in that percentage interest determined and established by the aforesaid Declaration of Condominium, with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, remainders, ents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and al fixtures, furniture and furnishings now or hereafter in or attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a par ofthe property covered by this Mortgage. The designation ofthe Unit Week 425 (W), (E) or (O) assigns to the Mortgagor rights as set forth in the Warranty Deed, wherein the Mortgagor isthe Grantee. ‘TO HAVE AND TO HOLD for its own use forever, Mortgagee is granted, under this Mortgage, all of the interests and rights in the property described above. By the execution and delivery of this Mortgage and the Note, Mortgagor covenants and agrees that until the indebtedness secured by this Mortgage is fully repaid, that all of the general provisions, covenants, conditions, and qualifications recited in the “Master Mortgage,”” which has been recorded by Mortgage in the Office of the Clerk of the Circuit Court in and for Lake County, Florida on June 24, 2005 in Official Records Book 2870, page 966, are incorporated by reference in, and made an integral part of, this Mortgage for all purposes. Mortgagor covenants and agrees to perform fully all of the general provisions, conditions, and obligations of this Mortgage and the Master Mortgage. To the extent that there is any inconsistency between any of the provisions of this Mortgage or the Note and the Master Mortgage provisions, the provisions set forth in this Mortgage or in the Note shall prevail. ‘This Mortgage is executed on the express condition that if Mortgagor pays to Mortgagee the principal sum of the Note, the interest, and all other sums payable by Morigagor to Mortgage that are secured by this Mortgage, in accordance with the provisions ofthe Note and this Mortgage, at the times and in the manner specified, and without deduction, fraud, or delay, and if Mortgagor performs and complies with all the agreements, conditions, covenants, provisions, and stipulations contained in this Mortgage, in the Note, and incorporated in these instruments by reference, then this Mortgage and the estate granted by it shall cease and become void IN WITNESS WHEREOF, Mortgagor has hereunto signed and sealed peer presents the day and year first above written. T\ “"°BATRICIA P. DAVIES @rinted-yame) < Wit ‘ - (Printed name) STATE OF FLORIDA COUNTY OF LAKE J, the undersigned authority, in and for said County, in said State, hereby certify that Leslie Magn ski and Jerome Harry Kowalski II, whose names are signed to the foregoing instrument, and who are known to me or who produ & for identification, acknowledged before me on this day that, being informed of the contents of the instrument, (he, she, they) executed the same voluntarily on the day the same bears date. Given under my hand and official seal this | S aay of Qc 2 Ovo me PUBLIC, STATE OF FLORIDA er STRICIAP. DAN By COMMEND 128 EXPIRES: ne 2 200 Exhibit 4-BAccount #213744 The Villas at Summer Bay PROMISSORY NOTE October 20, 2007 1 Meaning of Words. “I,” “me, or “my” means everyone who signs this note, “You” or “your” or “Holder” means the Payee or anyone else who holds this note. 2. My Promise to Pay. I hereby promise to pay to the order of Holder the principal sum of **NINE THOUSAND EIGHT HUNDRED TEN AND 00/100** ($9,810.00) together with interest as provided in paragraph 3 below in 120 consecutive equal monthly payments of $169.87 each, beginning on the Ist day of December, 2007, and continuing on the same day of each month thereafter until paid in full. The amount of my last payment may vary if I have paid any payment early or late, however, I recognize that I am not entitled to make any late payment. Payments are payable at 25 Town Center Boulevard, Suite C, Clermont, Florida 34714, or at such other place as you designate. 3. Interest Rate. This Obligation shall bear interest at the rate of 16.90% per cent per annum commencing on the date of this note and continuing until fully paid. 4, Consideration, This note is given to evidence any debt for the purchase of a Unit Week located The Villas at Summer Bay, and designated as Unit Week No. (E) 40 in Condominium Unit No. 104-308. 5. Security. This note is secured by a mortgage of even date on the Timeshare Estate. 6. Late Charge. If I am more than 10 days late in making a payment, I agree to pay a late charge of the greater of $25.00 or five percent (5%) of each unpaid payment. 7, Prepayment. All installments or payments shall first be applied to accrued interest and the balance thereof to the principal. I shall have the right to prepay this loan partially or in fall at any time without penalty. 8. Default, These are Events of Default. If I do not make a payment within thirty (30) days after the date the same is due, provided I have been sent fifteen (15) days written notice of default following such thirty (30) days; if I break any other written promise I make to you in this note or in the mortgage referred to in paragraph 5 above, or; if anything I told you in a credit application was false when you received it. If I do default, you may without telling me declare the entire unpaid balance due at once and otherwise proceed as authorized under applicable law. You can then require me to pay that balance immediately (but you must give me the same credits and adjustments as you would if I prepaid in full). Then, if I don't pay you immediately, you may charge me a default rate of interest at the highest lawful rate then allowed by the laws of the State of Florida on the unpaid balances after you give me the agreed credits and adjustments. 9. _ More Than One Signer. If more than one person signs this note, each is responsible to perform its terms. ‘You may enforce this note against any one or more of the persons signing the note. 10. Collection Costs. If you use an attorney to collect this Note, I will pay the costs of collection, including a teasonable attorney's fee at both the trial and appellate level. i. Waiver of Presentment, Protest and Notice of Dishonor. Presentment, Protest and Notice of Dishonor are hereby waived. 12, Florida Law. This note is to be construed and enforced according to the laws of the State of Florida. Executed on ber 20, 2007 ee P Ivan Leon Misleidy Yatra Pay to the order of Capital Source Finance LLC, together with its successors and assigns, wi Date: 11/9/07 nw course By: Christopher Sagherian, Attorney in Fact Exhibit 5-AZ/ Ss Ly 3 S S : geen Prepared by and Return to: Sk Oesél Pa DSL5$ (Loa) Paul M, Caldwoll, PA DATE: 11/16/2007 99207222 AM P.O. Box 120069 NEIL KELLY) CLERK OF COURT Clermont, Florida 34712-0069 CER COUNTY RECORDING FEES 10.00 Contract Number: 213744 1TG DOC 34.65 INTANGIBLE 19.62 SHORT FORM MORTGAGE ‘THIS MORTGAGE (“Mortgage”) is made on 20th day of October, 2007 between Ivan Leon and Misleidy Tbarra(“Mortgagor”), whose address is 7862 West Irlo Bronson Highway PMB 332, Kissimmee, Florida 34747 USA, and Summer Bay Partnership, a Florida general partnership (“Mortgage”), whose address is 25 Town Center Boulevard, Suite C, Clermont, Florida 34714. WHEREAS, Mortgagor has executed and delivered to Mortgagee a promissory note (“Note”) bearing the same date as this Mortgage, under which Mortgagor has promised to pay to Mortgagee the principal sum of $9,810.00 in lawful money of the United States, advanced or to be advanced by Mortgage to Mortgagor, with interest on the principal sum at the rate and times, in the manner, and according to the terms and conditions specified in the Note; NOW, THEREFORE, in consideration of the indebtedness, and as security for payment to Mortgagee of the principal, interest, and all other sums provided for in the Note and in this Mortgage according to their respective terms and conditions, and for performance of the agreements, conditions, covenants, provisions, and stipulations contained in this Mortgage and in the Note, Mortgagor grants, conveys, and mortgages to Mortgagee that certain Timeshare Estate in Lake County, Florida, to wit: ‘Timeshare Period Week (B)40 in Condominium Unit No. 104-308 of The Villas at Summer Bay, according to the Declaration of Condominium thereof, as recorded in Official Records Book 1897, page 1089 of the Public Records of Lake County, Florida, as amended, ‘TOGETHER with the remainder over in fee simple absolute, as tenant in common with the other Owners of all Timeshare Estates in the herein described ‘Condominium parcel in that percentage interest determined and established by the aforesaid Declaration of Condominium, with all the improvements ‘now or hereafter erected on the property, and al easements, rights, appurtenances, remainders, rents, royalties, mineral, oil and gas rights and profits, ‘water, water rights, and water stock, and all fixtures, furniture and furnishings now or hereafter in or attached tothe property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage. The designation of the Unit Week 45 (W),(E) or (O) assigns to the Mortgagor rights as set forth in the Warranty Deed, wherein the Mortgagor isthe Grantee. TO HAVE AND TO HOLD for its own use forever, Mortgagee is granted, under this Mortgage, al of the interests and rights in the property described above. By the execution and delivery ofthis Mortgage and the Note, Mortgagor covenants and agrees that until the indebtedness secured by this Mortgage is fully repaid, that all of the general provisions, covenants, conditions, and qualifications recited in the “Master Mortgage,"" which has been recorded by Mortgagee in the Office of the Clerk of the Circuit Court in and for Lake County, Florida on June 24, 2005 in Official Records Book 2870, page 966, are incorporated by reference in, and made an integral part of, this Mortgage for all purposes. Mortgagor covenants and agrees to perform fully all of the general provisions, conditions, and obligations of this Mortgage and the Master Mortgage. To the extent that there is any inconsistency between any of the provisions of this Mortgage or the Note and the Master Mortgage provisions, the provisions set forth in this Mortgage or in the Note shall prevai ‘This Mortgage is executed on the express condition that if Mortgagor pays to Mortgagee the principal sum of the Note, the interest, and all other sums payable by Mortgagor to Mortgagee that are secured by this Mortgage, in accordance with the provisions of the Note and this Mortgage, at the times and in the manner specified, and without deduction, fraud, or delay, and if Mortgagor performs and complies with all the agreements, conditions, covenants, provisions, and stipulations contained in this Mortgage, in the Note, and incorporated in these instruments by reference, then this Mortgage and the estate granted by it shall Gease and become void. IN WITNESS WHEREOF, Mortgagor has heyAinto signed and sealed these presents the gay \ oa VV jon Hast Ope Loy ~/ Chiu it? c| Lipase Wimess (Printed name) STATE OF FLORIDA COUNTY OF LAKE 1, the undersigned authority, in and for said County, in said State, hereby certify that Ivan Leon and Misleidy Ibarra, whose names are signed tothe foregoing instrument, and who are known to me-or who produced E- (A for identification, acknowledged before me on this day that, being informed of the contents of the instrument, (he, she, they) executed the same voluntarily on the day the same ears date. Given under my hand and official seal this) day of, CUDIYAL 20 @ HAST MY GaviaMIgBION # 20869000 EXWIAES April 19, 2011 ok ore com Version 1.00 Exhibit 5-BAccount #203327 The Villas at Summer Bay PROMISSORY NOTE January 19, 2007 1. Meaning of Words. “I,” “me, or “my” means everyone who signs this note, “You” or “your” or “Holder” ‘means the Payee or anyone else who holds this note. 2. My Promise to Pay. I hereby promise to pay to the order of Holder the principal sum of **SEVEN THOUSAND FOUR HUNDRED SEVENTY AND 00/100** ($7,470.00) together with interest as provided in paragraph 3 below in 84 consecutive equal monthly payments of $152.22 each, beginning on the 19th day of April, 2007, and continuing on the same day of each month thereafter until paid in full. The amount of my last payment may vary if I have paid any payment early or late, however, I recognize that I am not entitled to make any late payment. Payments are payable at 25 Town Center Boulevard, Suite C, Clermont, Florida 34714, or at such other place.as you designate. 3. Interest Rate, This Obligation shall bear interest at the rate of 16.90% per cent per annum commencing on the date of this note and continuing until fully paid. 4, Consideration. This note is given to evidence any debt for the purchase of a Unit Week located The Villas at Summer Bay, and designated as Unit Week No. (O) 18 in Condominium Unit No. 103-301. 5. Security. This note is secured by a mortgage of even date on the Timeshare Estate. 6. Late Charge. If I am more than 10 days late in making a payment, I agree to pay a late charge of the greater of $25.00 or five percent (5%) of each unpaid payment. 7 Prepayment. All installments or payments shall first be applied to accrued interest and the balance thereof to the principal. I shall have the right to prepay this loan partially or in full at any time without penalty. 8. Default. These are Events of Default. If I do not make a payment within thirty (30) days after the date the same is due, provided I have been sent fifteen (15) days written notice of default following such thirty (30) days; if I break any other written promise I make to you in this note or in the mortgage referred to in paragraph 5 above, or; if anything I told you in a credit application was false when you received it. If I do default, you may without telling me declare the entire unpaid balance due at once. and otherwise proceed as authorized under applicable law. You can then require me to pay that balance immediately (but you must give me the same credits and adjustments as you would if I prepaid in full). Then, if 1 don't pay you immediately, you may charge me a default rate of interest at the highest lawful rate then allowed by the laws of the State of Florida on the unpaid balances after you give me the agreed credits and adjustments. 9. More Than One Signer. If more than one person signs this note, each is responsible to perform its terms. You may enforce this note against any one or more of the persons signing the note. 10. Collection Costs. If you use an attorney to collect this Note, I will pay the costs of collection, including a reasonable attorney's fee at both the trial and appellate level. 11, __ Waiver of Presentment, Protest and Notice of Dishonor. Presentment, Protest and Notice of Dishonor are hereby waived, 12. Florida Law. This note is to be construed and enforced according to the laws of the State of Florida. Executed by Purchaser on January 19, 2007 . —_ fou jronakee bDnNoad Maytee Lois-Morales Elvis Daniel Morales Pay to the order of Capital Source Finance LLC, together with its sucesso} and assigns, with recourse Date: 4/2/07 fo By: Christopher Sagherian, Attorney in Fact Exhibit 6-ABC_-2073263F _ . ~ ‘sng hg AN This instrument prepared by (and return to): CFM 2007046350 Paul M. Caldwell Bk 03404 Ps 246178 (Ips) Attorney at Law DATE: 04/05/2007 02214201 P. O. Box 120069 CANES C0 WATKIN, CLERK OP COURT Clermont, Florida 34712-0069 LAKE COUNTY RECORDING FEES 10.00 MTG DOC 26.25 Contract Number: 203327, INTANGIBLE 14.94 The Villas at Summer Bay SHORT FORM MORTGAGE THIS MORTGAGE (“Mortgage”) is made on 19th day of January, 2007 between Maytee Lois-Morales and Elvis Daniel Morales (“Mortgagor”), whose address is 1335 W. 68Th Street Apt. 308, Hialeah, FL 33014, and SUMMER BAY PARTNERSHIP, a Florida general partnership ("Mortgage"), whose address is 25 Town Center Boulevard, Suite C, Clermont, Florida 34714. WHEREAS, Mortgagor has executed and delivered to Mortgage a promissory note (“Note”) bearing the same date as this Mortgage, under which Mortgagor has promised to pay to Mortgagee the principal sum of $7,470.00 in lawful money of the United States, advanced or to be advanced by Mortgagee to Mortgagor, with interest on the principal sum at the rate and times, in the manner, and according to the terms and conditions specified in the Note; NOW, THEREFORE, in consideration of the indebtedness, and as security for payment to Mortgagee of the principal, interest, and all other sums provided for in the Note and in this Mortgage according to their respective terms and conditions, and for performance of the agreements, conditions, covenants, provisions, and stipulations contained in this Mortgage and in the Note, Mortgagor grants, conveys, and mortgages to ‘Mortgagee that certain Timeshare Estate in Lake County, Florida, to wit: TIMESHARE PERIOD/UNIT WEEK NO. 18(0) in Condominium Unit No. 103-301 of Villas at Summer Bay, according to the Declaration of Condominium thereof, as recorded in Official Records Book 1897, Page 1089, Public Records of Lake County, Florida, and all amendments thereto, if any, ‘TOGETHER with the remainder over in fee simple absolute, as tenant in common with the other Owners of all Timeshare Estates in the herein described ‘Condominium parcel in that percentage interest determined and established by the aforesaid Declaration of Condominium, with alt the improvements. ‘now or hereafter erected on the property, and all easements, rights, appurtenances, remainders, rents, royalties, mineral, oil and gas rights and profits, ‘water, water rights, and water stock, and all fixtures, furniture and furnishings now or hereafter in or attached to the property, all of which, including replacements and additions thereto, shall be deemed tobe and remain a pat of the property covered by this Mortgage. The designation ofthe Unit Week as (W), (E) or (O) assigns to the Mort