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Partial Release of Mrtge. 'l., ';':" :"~ ~, . ~ It t~, ' t):' ~ ".. . . -., --'---'- - . ' ... "",c - --f~ r.i ~ 10872 i ~2[fJ7 AND WHEREAS THE SAID CITY NATIONAL BANK OF MIAMI as Trustee under Land Trust No. 5003918 has requested THE BANK OF .\IOi\TREAL to release tf)e premises hereinafter described, being part of said mortgaged premises, from the lien and operation of all of the above-described Mortgages, the above-described Chattel Mortgage, and the above-described form UCC-l and has agreed to pay valuable consideration therefor; " ,/ I NOW, THEREFORE, KNOW YE, That THE BANK OF MONTREAL. a CanadIan banking corporation, in consideration of the premises and the sum of $10.00, to it in hand paid by the CITY NA TONAL BANK OF MIAMI as Trustee under Land Trust No. 5003918 at the time of execution hereof, the receipt whereof is hereby acknowledged, does remise, release, quit-claim, exonerate and discharge from the lien and Operation of all of the above-referenced and described Mortgages, Chattel Mortgage, and form UCC-I to the CITY NATIONAL BANK OF MIAMI as Trustee under Land Trust No. 5003918 its assigns, all that piece, parcel or tract of land, being a part of the premises conveyed by said Mortgages, Chattel Mortgage, and form UCC-I, to wit:, Condominium Parcel Number ~ f' O'f PARK VIE\\' POINT, a Condominium, in accordance with the Declaration of Condominium thereof, recorded among the Public Records of Dade County, Florida, in Official Records Book 10454, at Page 1419, and as amended. , i , L ~ ; i! I' I ! 41 . TO HA VE AND TO HOLD the same, with the appurtenances, to the said CITY NATIONAL BANK OF MIAMI as Trustee under Land Trust No. 5003918 and its assigns, forever, fr~d, exonerated and discharged of and from the lien of said Mortgages. Chattel Mortgage, and form UCC-I, and every part thereof; provided, always neverthell'ss, that nothing herein contained shall in anywise impair, alter or diminiSh the effect. lien or incumbrance of the aforesaid Mortgages, Chattel Mortgage, and form UCC-I on the remaining part o~ said mortgaged premises not hereby released therefrom, or any of the nghts and remedies of the holder thereof. '1 . ! j l' OF ,\IONTREAL THE BANK OF MONTREAL has hereunto set its hand and seaJ ,1980. . ~ d, ;[) '(j )'~":'(l~ ,~_ J .". ~lJ'WOod. 0 11 nagar. ~1 ,- , , . - "41' .. \.,,:-~ A~si!:ta~f ~ ...._r;>t:>ry By: AtterAey ,~ ! QUEBEC PROVINCE OFXUXA~ ) HOCHELAGA ) ss: COUNTY OF .BmXKlUX ) r, THE FOREGOING I"'STRU,\lEI\T WdS acknowl~dgcd~&>efore me this 'day of L, ,1980. by L Lu-..... , a subscribing witness, who haVing by me been duly sworn made oath and said that TH,E BANK OF "'O"'TREAL by the hands of its duly authorized officers executed the same In h,~ presence. _ ,.....", - 0 . 0' - MontrE?a,)/l~~b~c IN WITNESS \l.IiEREOF, I hereunto set my hand dnd offtClal seal at Il.1m~7.~3~'.. ho I da f 1\ 0 1980 .:..' ,'. _ ~.-;- ". ':" ,.. tlS~ yo ,n.. . .I:.'~ _ '..,:. , ,'t"''t,C( .4~ 'r. (: :. . ~ \ - :\ .:....:.. "J \ .: > -\:'~ I!'-. .j ~. I !'lOT AR Y roBLlC. PRO" If-'. _^!-oJ" '<"i (,/ ~mmu QUEBEC"J,/ .......-. .'. "'" :Jf7a o'l\i ." -"" It,. . \4y commission is for life. This instrument prepared by; ."OT AR Y SEAL , I , j 1 I I STANLEY A!':CEl --, Cot~n. Angc-l Ix Rogovin un Nonheast 125th Str~t North MWni, FloridA llJ61 _..._~- . - -. "- -- RJCHlslm P. S.F?!.\'1' nr. ( fd' r :....:r il-r- I t J I f ",,' .-r ~~~~,jj;.~~ ....... ','..~,.,7:"..,,~~, ..... .. - .~.:,~"'-,'Y'-I(-"I'rWJ1~"''': '.:<'f:f :~' t'\,~"l~-~ '_!::.."'!,"IiI:':.:'L .,'~,.. :iI.~:<, ........_.._..--...:~? &:'=,":.:'.:4.: ~ "l It I , ~I - --Tt-~ [) ---- ._~..........._..~.. "'--'~ -...oI....~ .~ - ' -, '~'."'" ...... .'I!!.L '::.'",", ~ :.. PAR TlAL RELEASE OF .".1 OR TGAGE~ A,~ OTHER SECUI(/Ty l~sTln;.\IE:'\T~ 1980 SEP I 7 PH 2: 34 KNOW ALL MEN BY THESE PRESENTS: ~9R::'1.~3j1 ': ',.108....2 1<1 ,_ ( WHEREAS, JOSEPH GOROON by Indenture of MortJ.;age, recorded on "'arch 25. 1%14, in the offtce of the Clerk of the Circuit Court in and for Dade County. "tate of Flurid... in, Official Records Book 4072, at Page 468, granted and con\ley('d to CE:'IJTR,A,L BANK A1\:D TRUST COMPANY, as Mortgagee, the premises therein particularly described. to ~Cure the payment of the Sum of $3,000,000.00, with intp.rest as therem mentioned; and WHEREAS, JOSEPH GOROON by Indenture of Mortgage, recorded on April 19, i96f" in the' office of the Clerk of the Circuit Court in and for Dade County, State of Florida, in Official Records Book 5025, at Page 192, granted and con\leyed to CENTRAL BA,'''K AND TRUST COMPANY, as Mortgagee. the premises therein particularly described, to secure the payment of the sum of $300,000.00, with interest as therein mentioned; and WHEREAS, JOSEPH GORDON by Indenture of Mortgage. recorded on January 214, 1967, in the office of the Clerk of the Circuit Court in and for Dade County, State of Florida. in Official Records Book 5354, at Page 274, granted and con\leyed to CENTRAL BANK AND TRUST COMPANY, as Mortgagee, the premises therein particularly described, to secure the payment of the sum of $200,000;00, with interest as therein mentionedj and WHEREAS, the three \Iortgages referenced above were assigned to NEW YORK LIFE INSURANCE CO,\1PANY, a New York corporation, by the recording of an Assignment of Mortgage amongst the Public Records of Dade County, Florida, on February 24, 1967, under Clerk's File Number 67R-28803; and . . 1 1 WHEREAS, the three Mortgages referenced above were modified and consolidated into { one mortgage indebtedness by the recording of an agreement amongst the Public Records j. of Dade County, Florida, on February 24, 1967. under Clerk's File Number 67R-28804 between JOSEPH GORDON, a single man, and NEW YORK LIFE INSURANCE COMPANY, a New York corporation; and WHEREAS, JOSEPH GORDON by Chattel Mortgage, recorded on February 214,' 1967, in the office of the Clerk of the Circuit Court in and for Dade COunty, State of Florida, under Clerk's File Number 67R-28805, granted and conveyed to N[~' YOI{K LIFE INSURANCE CO.\1PANY, as \Iortgagee, the items of personalty and 1 j, tures therein particularly described, to secure the payment of the consolidated debt of the three .\Iortgages . Qreferenced above in ~he sum of $3,500,000.00, with interest as thet.ein mentionedj and "-... ' '---- " . .- ~ WHEREAS, the three ~.'ortgages referenced ab,ove, as conso. lidated. were assigned to THE ',J BANK OF MO,\JTREAL by the recording of an Assignment of .\Iortgage on September 4, { 1980, in the office of the Clerk of the Circuit Court in and for Dade County, State ~ Florida, under Clerk's File Number 80R-232640j and , ~IHEREAS, the Chattel ""ortgage referenced abo\le was assIgned to THE E\A~K OF ~'ONTREAL b~' the recording of an Assignrnent of Cbdttcl .\h>rtgage on Septelllber 4, 1980, in the office of the Clerk of the Circuit Court In and for Dade County, State of Florida, under Clerk's File Number 80R-232641j and WHEREAS, CITY NA TluNAL It-\SK OF ~lIA."'11 as Trustee under Land Trust ~o. 5093,918 by Indenture of .\Iortgage. recorded on ApriI17,.!2J9, Hl the OHlCe of the Clerk of the Circuit Court in and for Dade County. 5t,Ue-OTFlorida, in OffICial I~ecords Book 10364, at Page 1383. granted and con\leyed to KERMIT GORD0~, IR VI;\;G R. (jORDON. and. CHARLES GORD01\:, as co-exeuctors of the Estate of JOSCilh Gordon. Deceased, the premises therein partICularl}' described. to secure the paYfllent of the sum of' $6,300,000.00, with interest as therein mentioned; and .......... \\'HEREAS, the S6.300,U'Jf).'JO ~lurtgage refl'rl'nced abov(' ~'as asslgf1C'd to TIfE B,\,'\:K OF "'ONTREAL by the recording of two AssignmC'nts of '.1ortgJg(' on Septe,nber 4, I~S'J, In the office of the Cler>.: of the Circuit Court in and for Ihde COLJnh', Stdte 01 Florida, under Clerk's File Number 8OR-232643 and 80R-2J2644, respectl\lely; and U'HEREAS, CITY ~:, Tk.~;\;:'L HA:\;K or ~.lI'\,\1I as Truqcl" undN L.lnd TrtJ~t :\;0. ~Ci03~IS by form UCC-I, recordec on I\pril 17, 1979, in th~ OftlC(' of tl,(' l~J('rk 0f the CircUit Court in and for Dade Count}', State of Florida. in OfrlCial llecords /'1..\0:" 1'))64, at P.Jge J)'JS, granted and conveve-d unto KER \lIT GORDON. IInT'\(, I~. L\ 'H [)\'),\:. and Ctl'\I~ LES GORDoN, as co-e~t'uct,\,,\.,.Of the [state of Jo~ph Gordon. D<:-cea'o('d. the ite.ns 01 personalty and IIll.tures tt>e~1n partICularly describeod, t~ !>ecu;:~ the paym~nt of the sum of 50,300,000.00, with Interest as therem m~ntloned; and , "'HEREAS, the form t;CC-l r("ferencd above was a~sigrl('d to THE BA:'JK ~)F \IO,\'TUEAL by the recordmg of il ;vU;, L:CC-3 AS~>ij:nlrl('nt on ~pternber 4, I'IS0, In the offICe 01 the Clerk of the Circuit C0'':~: .n ..,nd lor Dade County, 5t.1l;: of Florld.l, under Clerk's File Number lGR-2J264.5; :. t".:~ ... , "\\." 'i ^ -"_&L&-....An_,.._ u...~\ &a&CU9_ -~. -- IE .,., ...<<&. ._,,. "''''''. "LO.'DA JI... A '. /""' ' I:' ~2066 " ) .-...::. ..._~ - EXHIBIT A TRUSTEE'S DEED 1. Taxes for the year 1980 and following. 2. Reservation in favor of the trustees of the Internal Improvement Fund of the State of Flor ida, appear ing in Deed Book 712, at Page 29, of the Public Records of Dade County, Florida, as to an undivided 3/4 interest in all phosphate, minerals, and metals and. an undivided 1/2 interest in all petroleum. 3. Protective covenants recorded on March 8, 1955, in Deed Book 4054, at Page 450, of the Public Records of Dade County, Florida, which do not contain a reverter provision. 4. Easements contained accordance with the 77, at Page 12,.. of Florida. in the plat of, parkview Point, in plat thereof, recorded in Plat Book the Public Records. of Dade County, 5. Easements contained accordance with the 60, at Page 6, of Florida. in the Plat of Park View Island, in plat thereof, recorded in Plat BOOK the Public Records of Dade County, 6. The matters set forth in the Declaration of Condominium for Parkview Point, a Condominium, in accordance with the Declaration of Condominium therefor, recorded among the Public Records of Dade County, Florida, in Official Records Book 10454, at Page 1419, and as amended, which, among other things, contains or provides for certain easements, the rights of others in and to .limited common elements. as therein defined, assessments, liens, and the subordination therof, limitation of rights to mortgage or otherwise alienate, options to purchase and/or lease or rights of first refusal, powers of attorney, provisions relating to partition, restrictions on severability of component interest and covenants arid restrictions affecting said estate or interest. . ~DlD . .'.,., 1I(OIl" - 01 _ "",,,,". ,Ll>II"- _ WUIIlO IUCBARD P. SRIN KElt. .. I:WlK QIlClIll COUll :0-('" ......n .. ~.. . ATTo--IfY. AT ........ ~ '"I &&CC.vTrvc e",.LDt... . .,7.. c.__ .a.!l!" .....~&",. . "0-"" ........... r'LO_IOA 1.1'" ""!t'" COMMITMENT FOR TITLE INSURANCE NO. SCHEDULE B - Section I REQUIREMENTS The following are the requirements to be complied with: 1. Instruments in insurable form which must be executed, delivered and duly filed for record: 2. Paid receipts from The Dade County Tax Collectors office that the 1980 Municipal, State, County and Drainage taxes have been paid. 3. Trustees Deed from The City National Bank as Trustee under Land Trust No. 5003918. 4. Partial release or satisfaction of the subject property from the following mortgages held by The Bank of Montreal: 1. That Mortgage in the original principal sum of $3,000,000.00 recorded on March 25, 1964 in Official Record Book 4072 at Page 468 of the Public Records of Dade County, Florida, in favor of Central Bank and Trust Company, as Mortgagee. Mortgage in the original principal sum of $300,000.00 recorded on April 19, 1966 in Official Record Book 5025 at Page- 192 of the Public Records of Dade County, Florida, in favor of Central Bank and Truct Company, as Mortgagee. Mortgage in the original principal sum of $200,000.00 recorded on January 24, 1967 in Official Record Book 5354 at Page 274 of the Public Records of Dade County, Florida, in favor of Central Bank and Trust Company, as Mortgagee. The three mortgages referred to herein were assigned to New York LIfe Insurance Company, a New York corporation, by the recording amongst the Public Records of Dade County on February 24, 1967 of an Assignment of Mortgage, under Clerk's File No. 67R-28803. The three mortgages described above were modified an consolidated into one mortgage indebtedness by the recording of an agreement amongst the Public Records of Dade County Florida, on February 24, 1967, under Clerk's File No. 67R-28804 between Joseph Gordon, a single man (the then fee simple holder to all of the subject property), and New York Life Insurance Company, a New York corporation. The three mortgages referenced herein, as consolidated were assigned to the Bank of Montreal by the recording of an Assignment of Mortgage on September 4, 1980 in Public Records of Dade County, Florida, under Clerk's File No.80R-232640 2. That wrap-around mortgage in the original principal sum of $6,300,000.00 recorded on April 17, 1979 in Official Record Book 10364 at Page 1383 of the Public Records of Dade County, Florida in favor of Kermit Gordon, Irving R. Gordon and Charles Gordon, as co-executors of the Estate of Joseph Gordon, Deceased, as mortgagees. This mortgage was assigned on April 17, 1979 by the recording of an Assignment of Mortgage in Dade Count: Official Records Book 10364 at Page 1397 to Irving Gordon ( an undivided 25% interest), Kermit Gordon (an undivided 25% interest), the Estate of Joseph Gordon (an undivided 25% interest), and Glenn Brooke Trust (an undivided 25% interest). This mortgage was assigned to the Bank of Montreal by the recording of two Assignments of Mortgage on September 4, 1980 in the Public Records of Dade County, Florida, under Clerk's File Nos. 80R-232643 and 80R-232644. P,288-B (G,S) 11/77 ALTA Comm.tmeot - 1966 fiOI. OFFICE OF THE CITY ATTORNEY '6~ rI J1dumi 11t'ilM F L o R o A JOHN A. RITTER CITY ATTORNEY P.o. BIN 190000 MIAMI BEACH, FLORIDA 33119 TELEPHONE: 673.7470 May 6, 1981 James Cohen, Esq. Cohen, Angel & Rogovin 1175 N.E. 125th Street North Miami, Florida 33161 RE: Tract "B", PARKVIEW POINT, according to the Plat thereof, as recorded in Plat Book 77, at Page 12 of the Public Records of Dade County, Florida. Dear Mr. Cohen: The City of Miami Beach is prepared to close on the above-described property subject to your satisfaction of the requirements described on the attached commitment for title insur- ance. The City is agreeable to depositing the purchase price, less the 1981 tax proration and documentary stamps, into your trust ac- count in return for securing a recordable deed upon your affidavit that the mortgages have been paid with respect to the subject prop- erty and that a release or satisfaction will be received and recorded in a reasonable time, and that you will not release the funds to your client until the satisfaction is recorded. I am agreeable to allowing these funds to be placed in trust or a savings account at interest to your client. Please review my title binder and tell me whether at the time of closing you can show me in the abstract where the mortgages come together. a;::y ~1b? John A. Ritter JAR/LTA/mp BY COURIER" I Speediset @ Moore Business Forml, Inc.-. r ~ ., .. ~ ~'::JLL'U COMMITMENT FOR TITLE INSURANCE NO. SCHEDULE B - Section I REQUIREMENTS The following are the requirements to be complied with: 1, Instruments in insurable form which must be executed, delivered and duly filed for record: 2. Paid receipts from The Dade County Tax Collectors office that the 1980 Municipal, State, County and Drainage taxes have been paid. 3. Trustees Deed from The City National Bank as Trustee under Land Trust No. 5003918. 4. Partial release or satisfaction of the subject property from the following mortgages held by The Bank of Montreal: 1. That Mortgage in the original principal sum of $3,000,000.00 recorded on March 25, 1964 in Official Record Book 4072 at Page 468 of the Public Records of Dade County, Florida, in favor of Central Bank and Trust Company, as Mortgagee. Mortgage in the original principal sum of $300,000.00 recorded on April 19, 1966 in Official Record Book 5025 at Page' 192 of the Public Records of Dade County, Florida, in favor of Central Bank and Truct Company, as Mortgagee. Mortgage in the original principal sum of $200,000.00 recorded on January 24, 1967 in Official Record Book 5354 at Page 274 of the Public Records of Dade County, Florida, in favor of Central Bank and Trust Company, as Mortgagee. The three mortgages referred to herein were assigned to New York LIfe Insurance Company, a New York corporation, by the recording amongst the Public Records of Dade County on February 24, 1967 of an Assignment of Mortgage, under Clerk's File No. 67R-28803. The three mortgages described above were modified an consolidated into one mortgage indebtedness by the recording of an agreement amongst the Public Records of Dade County Florida, on February 24, 1967, under Clerk's File No. 67R-28804 between Joseph Gordon, a single man (the then fee simple holder to all of the subject property), and New York Life Insurance Company, a New York corporation. The three mortgages referenced herein, as consolidated were assigned to the Bank of Montreal by the recording of an Assignment of Mortgage on September 4, 1980 in Public Records of Dade County, Florida, under Clerk's File No.80R-232640 2. That wrap-around mortgage in the original principal sum of $6,300,000.00 recorded on April 17, 1979 in Official Record Book 10364 at Page 1383 of the Public Records of Dade County, Florida in favor of Kermit Gordon, Irving R. Gordon and Charles Gordon, as co-executors of the Estate of Joseph Gordon, Deceased, as mortgagees. This mortgage was assigned on April 17, 1979 by the recording of an Assignment of Mortgage in Dade Count Official Records Book 10364 at Page 1397 to Irving Gordon ( an undivided 25% interest), Kermit Gordon (an undivided 25% interest), the Estate of Joseph Gordon (an undivided 25% interest), and Glenn Brooke Trust (an undivided 25% interest). This mortgage was assigned to the Bank of Montreal by the recording of two Assignments of Mortgage on September 4, 1980 in the Public Records of Dade County, Florida, under Clerk's File Nos. 80R-232643 and 80R-232644. P.288-B (G,S) 11/7 7 ALTA Co"mutment. 1966 ~. . CLOSING STATEMENT Date: May 13, 1981 BUYER: THE CITY OF MIAMI BEACH CITY NATIONAL BANK OF MIAMI, as Trustee SELLER: Description of Property: Tract "B", PARKVIEW POINT, according to the Plat thereof, as recorded in Plat Book 77, at Page 12 of the Public Records of Dade County, Florida. Credit Buyer Due Seller Purchase Price 423,500 00 1981 Tax Proration ,1,154, 97 Documentary Stamps 1,694 00 2,848 97 423,500 00 Sub-Totals Cash to Close 420,651 03 TOTALS 423,500 00 423,500 00 APPROVED F ?/ BUYER APPROVED FOR SELLER BY: fOY ~~ BY: /2~~~~ ~/ , ,,;'1 ..';'{~L,<'<1x:1; ;r:';c;~~\,thh1?~