“ Eu 1-13 GIBRALTAR PRIVATE BANK & TRUST COMPANY, a federal savings bank, e Plaintiff, vs. 507024Y0: LEONARDO GOMEZ, and GYLMAR DEVELOPMENTS, INC., a Florida corporation, a/k/a GYLMAR DEVELOPMENT, INC., jointly and severally, and Alfredo Carbonell, P.E., Nachon Enterprises, Inc., Hertz Equipment Rental Corporation, Universal Concrete & Ready Mix Corp, Board of County Commissioners, Miami-Dade County, Florida, Xavier Hawley a/k/a Ignacio Javier Hawley, Mario Rodriguez, Aura Rodriguez, Noe M. ‘Aguilar, and Rafael Echeverry Defendants. / BREST. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT. IN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NC e02 ng % sti 2 Hd C 63 FINAL JUDGMENT IN FAVOR OF PLAINTIFF, GIBRALTAR PRIVATE BANK & TRUST COMPANY, AND AGAINST DEKENDANTS LE: DO This cause came on to be considered on May 8, 2008 upon the plaintiff's, Gibraltar Privare Bank & Trust Company, Motion for Summary Judgment and Supporting Memorandum of Fact and Law (dated February 4, 2008), which motion and memorandum were supplemented on February 22, 2008 and March 19, 2008 (collectively, the counsel for defendants Glymar Developments, Inc. a/k/a Gylmar Development, Inc. (hereinafter referred to as “Gylmar Developments, Inc.”), and Leonardo Gomez a/k/a Leonardo D. Gomez aa Leonardo DeJesus Gomez a/k/a Leonardo J. Gomez (hereinafter referred to as “Leonardo Gomez"), and Universal Concrete & Ready Mix Corp.,and being otherwise duly advised in the premises, finds, RD) ED Motion”) and the Court, having heard argument of jms oor SATE! Srey on Reith, choo. Bk 26397 Pg 2702 CFN 20080431004 05/27/2008 12:38:03 Pg 1 of 6 Mia-Dade Cty, FL Book26441/Page2948 CFN#20080509598 oxets01 2002/07/90 3040934 (3809) scar fii Seq T9$9z Ha YO #4S40S0¥9007 ND ARNU LUCEY UTA A UE OTUOTS “ANNO 3QVO-TNVIH «LUNG 40 WIT) “NIA ABAYH Page 1 of 6CASE NO.:07-42605-CA-15 concludes and ADJUDGES as follows: 1. That there is no genuine issue of material fact and plaintiff is entitled to a judgment upon all its claims as a matter of law. 2. TheMotionis granted. Service of process has been duly and regularly obtained over defendants Glymar Developments, Inc., Leonardo Gomez, Universal Concrete & Ready Mix Corp.. ‘Mario Rodriguez, Aura Rodriguez, Noe M. Aguilar, Rafael Echeverry, Alfredo Carbonell, P.E., and Xavier Hawley a/k/a Ignacio Javier Hawley. 3. Plaintiff, GIBRALTAR PRIVATE BANK & TRUST COMPANY, does have and shall recover of and from defendants GLYMAR DEVELOPMENTS, INC., and LEONARDO GOMEZ, jointly and severally, upon counts I and II of the verified complaint filed in this civil action, the following sums and for which let execution issue: Principal due on the note and guaranty: $ 2,643,510.73 Interest (September 9, 2007 to March 25, 2008): $428,248.62 Late charges: $133,778.64 TOTAL SUM: $ 3,205,537.99 4, Inadditionto the Total Sum, the plaintiffis entitled to recover a] the amount plaintiff incurred pre-judgment and post-judgment as and for reasonable attomeys’ fees and costs, and (b] the amount plaintiff incurred, incurs and is obligated to pay for all receivership fees, costs and expenses associated with this civil action, the amounts of such fees. costs and expenses shall be determined upon application(s) therefor made by plaintiff at any time arising hereafter. Sykes cony SERRATE sac, THI BRE Bk 26397 Pg 2703 CFN 20080431004 05/27/2008 12:38:03 Pg 2 of 6 Mia-Dade Cty, FL Book26441/Page2949 CFN#20080509598 Page 2 of 6CASE NO.:07-42605-CA-15 5, The Total Sum and this judgment shall bear interest until fully satisfied at the rate prescribed by Florida law, see $55.03, Fla. Siat., which for the calendar year of 2008 is eleven percent (11%) per annum. 6. Upon count Ill of the verified complaint, the plaintiff, GIBRALTAR PRIVATE BANK & TRUST COMPANY, whose address is Gibraltar Private Bank & Trust Company, Attn: ‘Maria Wervenbos, Vice President, 220 Alhambra Circle, 4* Floor, Coral Gables, FL 33134, holds alien for the Total Sum (plus, if adjudicated prior to conduct of the foreclosure sale allowed by operation of this judgment, the fees, costs and expenses referred to in 4 4 above) that is superior in dignity to any right, tite, interest or claim of all defendants and all persons, corporations, or other entities claiming by, though, or under the defendants or any of them and the property will be sold free and clear of all claims of the defendants, with the exception of any assessments that are superior pursuant to Florida Statutes, Section 718.116. The plaintiff's lien encumbers the subject property located in Miami-Dade County, Florida and described as (and is hereinafter referred to as the “Mortgaged Property”): Units 1 thru 12, Extension to Building B, of Galenus Complex, a Condominium, according to the Declaration of Condominium thereof as recorded in O.R. Book 20688, Page 1544, as amended by amendments recorded in O.R. Book 21433, Page 4290; O.R. Book 21844, Page 2418; O.R. Book 22606, Page 3405; and O.R. Book 24514 at Page 2862, Public Records of Miami-Dade County, Florida. Property address believed to be: 13656/13690 $,W. 142.A\ fami, FI B. __ Ifthe Total Sum with interest thereon as described in 5 and all costs acerued subsequent to this judgment are not paid, the Clerk of the Court shall sell the Mortgaged Property Bk 26397 Pg 2704 CFN 20080431004 05/27/2008 12:38:03 Pg 3 of 6 Mia-Dade Cty, FL Book26441/Page2950 CFN#20080509598 Page 3 of 6~ CASE NO.:07-42605-CA-15 @, public sale on we AS 2008 at 11:00 a.m. to the highest bidder for cash, except as prescribed in J C below, at Room 908, 140 West Flagler Street,, Miami, Florida, after having first given notice as required by § 45.031, Florida Statutes. The Clerk shall not conduct the sale in the absence of the plaintiff or its representative. Cc Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the Clerk if plaintiff is not the purchaser ‘of the property for sale. If plaintiff is the purchaser, the Clerk shall credit plaintiff's bid with the Total Sum with interest and costs accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. The Clerk shall receive the service charge imposed in § 45.031, Florida Statutes, for services in making, recording, and certifying the sale and title that shall be assessed as costs. D. _ Onfiling the Certificate of Sale, the defendant's right if any of redemption as proscribed by Florida Statutes § 45.0315 shall be terminated. E. On filing the Certificate of Title, the Clerk shall distribute the proceeds of the sale, so faras they are sufficient, by paying: first, all of plaintiff's costs; second, documentary stamps affixed to the Certificate; third, plaintiff's attomneys' fees; fourth, the Total Sum (plus, if adjudicated prior to conduct of the foreclosure sale allowed by operation of this judgment, the fees, costs and expenses referred to in § 4 above) due to the plaintiff, less the items paid, plus interest at the rate prescribed in § 5 from this date to the date of the sale. During the sixty (60) days after the Clerk issues the certificate of disbursements, the Clerk shall hold the surplus pending further Order of this Court. TRUS comm COP CERION On apace Pa By Bk 26397 Pg 2705 CFN 20080431004 05/27/2008 12:38:03 Pg 4 of 6 Mia-Dade Cty, FL Book26441/Page2951 | CFN#20080509598 Page 4 of 6CASE NO.:07-42605-CA-15 F. Upon filing of the Certificate of Title, all of the defendants and all persons claiming under or against them since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or claim in the Mortgaged Property and, subject to the duties, rights and interests of the Receiver for said property, the purchaser at sale shall be let unto possession of the Mortgaged Property. G. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT, IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDSREMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO- LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. 7. Thecurrentaddress of defendant LEONARDO GOMEZis believed to be 2415 8.W. 102 Place, Miami, Florida 33165, and his Social Security Number is believed to be 261-99-8993. 8. The current address of defendant GYLMAR DEVELOPMENTS, INC., is believed to be 3370 S.W. 107" Avenue, Miami, Florida 33165. 9. Jurisdiction of this action is retained to [a] administer and adjudicate the receivership currently in place, which receivership shall continue in full force and effect notwithstanding this judgment, [b] consider requests for and enter such further orders, judgments, writs and declarations, including without limitation, the amount of costs and reasonable attorneys’ fees to be recovered by 5 nr os CRIA usar. HARVEY Beis! Bk 26397 Pg 2706 CFN 20080431004 05/27/2008 12:38:03 Pg 5 of 6 Mia-Dade Cty, FL Book26441/Page2952 CFN#20080509598 Page 5 of 6BOOK 26441 PAGE 2953 Last PAGE E2953 CASE NO.:07-42605-CA-15 plaintiff from defendants LEONARDO GOMEZ and GYLMAR DEVELOPMENTS, INC., and fd award relief upon counts IV (receivership) and V (enfggeement of assignment agreements). ORDERED in Miami, Florida this t aul D. Friedman, Esq. Priedman & Frost, P.L. ‘Attomeys for plaintiff Mellon Financial Center 11H Brickell Avenue, Suite 2050 Miami, Florida 33131 305.377.4100 George M. Evans, Esq ‘Attorney for defendants Leonardo Gomez ‘and Gylmar Developments, Inc. Law Offices of George M. Evans, P.A. ‘The Cathedral Room, Suite 101 £200 Douglas Road Coral Gables, FL 33134 Steven D. Losner, Esq. ‘Attorney for defendants Aguilar and Echeverry, ‘Steven D. Losner, P.A. 65 N.W. 16 Street Homestead, FL 33030 Lisa Woodburn, Esq, ‘Attomey for defendants M/M Rodriguez £8600 $.W. 212 Street, Suite 211 Miami, FL. 33189 Jeffery C. Schneider, Esa ‘Attorney for Receiver, Jorge J. Perez ‘Tew Cardenas LLP Four Seasons Tower, 15° Floor 1441 Brickell Ave. Miami, FL 33133 Patricia M, Arias, Esq, ‘Attorneys for defendant Universal Concrete ‘Sherar & Arias Coconut Grove Bank Building 2701 South Bayshore Drive Suite 303 ‘Miami, FL 33131 ‘Alfredo Carbonell P-E., pro se Consulting Engineers & Contractors 12355 SW 129th Court, Unit #04 Miami, Florida 33186 ‘Stephen P, Walroth-Sadumi, Esa Walroth-Saduri & Mendoze-Tirado,P.A. 1221 Brickell Center 1221 Brickell Avenue Ninth Floor Miami, FL 33131 Bk 26397 Pg 2707 CFN 20080431004 05/27/2008 12:38:03 Pq 6 of 6 Mia-Dade Cty, FL Book26441/Page2953_ CFN#20080509598 Page 6 of 6