LOAN NO. 141401675365
PREPARED BY AND
RECORD AND RETURN TO:
JOSIAS N. DEWEY
HOLLAND & KNIGHT LLP
701 BRICKELL AVENUE, SUITE 3000
MIAMI, FLORIDA 33131
SPACE ABOVE LINE FOR RECORDER'S USE
ASSIGNMENT AND ASSUMPTION AGREEMENT AND MODIFICATION OF MORTGAGE
AND OTHER LOAN DOCUMENTS
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT AND MODIFICATION OF
MORTGAGE AND OTHER LOAN DOCUMENTS (this " Agreement "), dated as of July 1, 2010, is made
between and among (a) MUTINY ON THE PARK, LTD ., a Florida limited partnership (" Borrower "), (b)
SONESTA COCONUT GROVE, INC ., a Florida corporation (" Transferee "), (c) RICARDO DUNIN
(the " Existing Guarantor ") and (d) OCEAN BANK , a Florida banking corporation (the " Lender ").
The Lender is the holder of a loan (the " Loan ") to Borrower evidenced by an Amended and
Restated Promissory Note (the " Note "), dated as of October 30, 2008 (the " Original Closing Date ") in the
original principal amount of $8,000,000.00 from Borrower to Lender.
Borrower’s obligations under the Note are further evidenced and/or secured by the documents set
forth on Exhibit A attached hereto and incorporated herein (together with the Guaranty (as hereinafter defined)
and all other documents executed and delivered in connection with the Loan, the " Loan Documents ").
The real property (the " Real Property ") owned by Borrower located in Miami-Dade County,
Florida and known as Unit CU-1 at the Munity Park Condominium located at 2889 McFarlane Road, Miami,
Florida, (i) is more particularly described in the Mortgage (as defined in Exhibit A ), (ii) is encumbered by the
Mortgage and the Assignment of Leases (as defined in Exhibit A ), and (iii) together with all other property
encumbered by the Mortgage and the Assignment of Leases is referred to in this Agreement as the "Property."
NOTE TO RECORDER: Pursuant to this instrument, the Transferee is assuming the rem