Exhibit 74 — USA v. McCabe (Dkt. 91.55)

Record facts

U.S. District Court for the Southern District of Florida · No. 9:24-cr-80103-AMC · Doc. 91-55 · 2025-03-10 · Docket on CourtListener

Full text

I 
EMAILED Batch#: 74341700 I Doc#: 6 / File Date: 3/18/2020 8:09:00 PM 
FIRST PREFERRED SHIP MORTGAGE 
ORIGINAL 
This is a Preferred Ship Mortgage ("the mortgage") dated MARCH 05, 2020 being created under federal law 
on the vessel SOUTHERN COMFORT (EX: PERSISTANCE), hull id: XYU7748FH788, Coast Guard official 
number: no. 930158. The amount of the mortgage is $ 60,000.00, (the "amount financed"), plus accrued 
interest and performance of mortgage covenants. The maturity date of the mortgage is MARCH 05, 2024, 
the date of the last scheduled payment. 
• 
1. PARTIES AND DEFINITIONS 
MORTGAGOR: 
DUSTIN S. MCCABE -100% (SOLE OWNER) 
633 SE MONET DRIVE. PORT SAINT LUCIE, FL. 34984-667 4 
being the sole owner(s) of the vessel, and residing or having a place of business at: 
MORTGAGEE: ST LIBERTY LLC -100% 
address: 
1560 SAWGRASS CORPORATE PARKWAY. 4TH FLOOR. 
FT. LAUDERDALE, FL. 33323 
The words you and your mean all (individuals, partners, trustees or corporations) who sign this Mortgage as 
Mortgagor and their heirs, executors, administrators and assigns. The words we, us and ours mean the Mortgagee 
and anyone who has Mortgagee's rights under this Mortgage. 
2. OBLIGATION SECURED: This mortgage secures your obligation (the "Debt") now due or which may become due 
in the future to us under this Mortgage and under the· provisions of a Fixed Rate Promissory Note and Security 
Agreement, ("the "Note"), dated MARCH 05, 2020. The provisions of the Note are incorporated herein by this 
reference as though set forth in full. If there is any inconsistency between the Note and this Mortgage, this Mortgage 
shall control. 
3. DESCRJPTION OF VESSEL: To secure the Debt, you mortgage to us the whole of the Vessel named and 
described herein. 
NAME: SOUTHERN COMFORT 
HAILINGPORT: KNOXVILLE, TN. 
USCG OFFICIAL NUMBER: 930158 
HULL 10: XYU7748FH788 
MANUFACTURER: OCEAN YACHTS INC. MODEL: 48 SUPER SPORT YEAR: 1988 
LOA: 48' 
ENGINE MFG: DETROIT DIESEL 6-71 HORSE POWER: 485 X 2 SERIAL NUMBERS: NIA & NIA 
Gas XX Diesel 
STATE OF PRINCIPAL USE: FLORIDA 
LOCATION (SUMMER): SAFE HARBOUR NORTH PALM BEACH.1037 MARINA DR. NORTH PALM BEACH, FL. 33408 
(\MNTER): SAFE HARBOUR NORTH PALM BEACH.1037 MARINA DR. NORTH PALM BEACH, FL. 33408 
together with all masts, towers, boiler, cables, engines, machinery, bowsprits, sails, rigging, auxiliary boats, anchors, chains, 
tackle, apparel, furniture, fittings, tools, pumps, radar and other electronic or other equipment and supplies, and all fishing and 
other appurtenances and accessories, now used in or on the Vessel or which may be substituted in or added to the Vessel in the 
future, whether or not removed from the Vessel; and all freights, subfreights and charter hire. The word "Vessel" as used in this 
Mortgage includes all of the above items as well as the hull, to the extent that they may be mortgaged under Chapter 313, Title 
46, U.S. Code. 
4. PROMISE TO PAY: You will pay and perform the debt. 
5. JOINT MORTGAGORS: If more than one of you signs this Mortgage as Mortgagor, each of you is responsible for 
paying the full amount due under this Mortgage, unless specifically stated otherwise below. We do not have to notify 
one Mortgagor that another has defaulted under this Mortgage. We may give one Mortgagor extensions to pay or 
change or release his responsibility without releasing any other Mortgagor. 
6. CITIZENSHIP: You are and shall continue to be a citizen of the United States until this M~n~j_~fH~ ~
lifE"II. 
NATIONAL VESSEL oocuM 
(Preferred Ship Mortgage, page 1of 3) 
US COAST GUARD 
I HEREBY CERTIFY THIS TO BE A TRUE COPY 
FOR OFFICIAL USE ONLY 
RELEASE OUTSIDE OF COAST GUARD 
PROHIBITED 
OROS OF THIS OFFICE 
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DOCUMENTATION OFFICER ,r.::. v, 
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Case 9:24-cr-80103-AMC   Document 91-55   Entered on FLSD Docket 03/10/2025   Page 1 of 5
24-CR-80103-AMC
GX74

ORIGINAL 
7. FEDERAL DOCUMENTATION AND RIGHT TO OWN AND OPERATE: You are, and shall continue to be entitled 
to own and operate this Vessel under her United States Coast Guard Certificate of Documentation in accordance 
with the endorsements thereon. You will continue to keep the Vessel's Certificate of Documentation in full force and 
effect. 
8. GOOD STANDING OF CORPORATE MORTGAGOR: If this Mortgage is given by a corporation, the corporation 
is properly incorporated and exists in good standing under the laws of the state of its incorporation. 
9. TITLE WARRANTY: You warrant title to the Vessel. This means that you are responsible for any expenses or 
losses to us, if anyone else successfully claims an interest in the Vessel or any part of it. 
10. RISK OF LOSS: Damage, destruction or other loss of the Vessel does not release you from this Debt. You must 
notify Mortgagee if the Vessel is damaged, destroyed or disappears. 
11. INSURANCE AND NOTICE OF LOSS: Until the Debt secured by this Mortgage is fully paid, you will insure the 
Vessel at all times for its full insurance value against fire, theft, collision, damage caused by water conditions, and 
such other hazards as we may reasonably require. The insurance company must be reasonably acceptable to us. 
Such insurance must protect us (up to the amount you owe under this Mortgage) as well as you. You will keep the 
insurance renewed and in full force, and will provide us wit proof of payment as we require. You will authorize the 
insurance company to pay any loss to us, and to name us as additional loss payee in the policy. If at any time before 
this Mortgage is paid in full such insurance lapses or is canceled, we may buy replacement insurance and the 
amount paid by us will be considered an additional indebtedness to be repaid by you subject to interest. If the Vessel 
is lost, stolen, damaged or destroyed, you will notify us within 24 hours of such occurrence. 
12. SALE OF THE VESSEL: You will not sell the Vessel without paying off the full balance due on the Debt secured 
by this Mortgage. 
13. LOCATION OF VESSEL: You will not, without our prior written approval, take this Vessel beyond the limits of the 
United States. You will not abandon the Vessel. 
14. DISPLAY OF MORTGAGE ON VESSEL: You will prominently display and keep the Coast Guard certificate of 
documentation and a completed copy of this Mortgage on board the Vessel. You will show them to all persons having 
business with the Vessel and to us upon demand. 
15. BILLS AND TAXES: You will pay all repair bills, storage bills, taxes, fines or other charges on the Vessel. If we 
pay any of these bills, you will repay us on demand, with interest. 
16. CARE OF THE VESSEL: You will keep the Vessel in good condition and repair. 
17. SEIZURE OF THE VESSEL: You will notify us promptly if the Vessel is libeled, attached, detained, seized or 
levied upon or taken into custody by any court or other authority. You will immediately take steps to have the Vessel 
released. 
• 
18. INSPECTION OF VESSEL: You will at all times allow us to inspect the Vessel and its cargo and papers and 
examine your related accounts. 
19. LATE CHARGES AND ATTORNEY'S FEE: You agree to pay any late charges that become due under the Debt. 
If proceedings are brought to foreclose this Mortgage, you agree to pay attorney's fees and court costs. 
20. DEMAND FOR FULL PA VMENT/DEFAUL T: You will be in default, and we may demand full payment at once of 
all you owe under the Debt secured by this Mortgage, if you (a) do not make any payment when duei or(~) fail to 
perform any of the terms and conditions of the Mortgage or the Debt it secures; or ( c) have made any m1sleadmg 
(Preferred Ship Mortgage, page 2 of 3) 
USE ONLY 
FOR Off\C\A~F COAST GUARD 
RELEASE OUTSIDE 
PROHIBITED 
Case 9:24-cr-80103-AMC   Document 91-55   Entered on FLSD Docket 03/10/2025   Page 2 of 5

0-RIGINAL 
statement about any important fact in this Mortgage or the Debt secured by this mortgage, or in your application for 
credit approval; or (d) die, or (e} become insolvent; or (f) file for bankruptcy or similar relief, or let a lien be placed on 
the Vessel; or if (g) the Vessel lessens in value or becomes valueless other than through normal depreciation; or if 
(h) your ability to make timely payments is cut off; or if (I) anything else happens that we in good faith and with 
reasonable cause believe may endanger your ability to pay this Mortgage. FOR CORPORA TE MORTGAGOR: If this 
Mortgage is given by a corporation, we may also request full payment if the corporation ceases doing business as a 
going concern or makes an assignment for benefit of creditors, liquidates substantially all of its assets, files for 
dissolution, or sells all or a controlling interest in the stock of the corporation. 
21. REPOSSESSION AND FORECLOSURE: If you are in default, we have the right to repossess and sell the 
Vessel without court order. Alternatively, we have the right to foreclose in federal court under the maritime laws of the 
United States. We also have the right to exercise any and all other remedies available under the Note, the Loan 
Documents, or applicable law. No action on our part will constitute an election or remedies to the exclusion of others. 
22. PROCESS OF SALE: If we resell the Vessel, we will subtract any late charges, cost of taking the Vessel, 
storage, costs of sale, reasonable attorney's fees and court costs from the price at which the Vessel is sold to arrive 
at net sale proceeds. If you owe more than the net sales proceeds, you will pay us the difference. If you owe less 
than the net sale proceeds, you will receive the difference from us. 
23. NO WAIVER OF RIGHTS: We may delay in enforcing any of our rights without losing any of them. 
24. CHOICE OF LAW: This mortgage is subject to the substantive laws of the State of Florida except to the extent it 
is governed by the laws of the United States. 
25. TIME IS OF THE ESSENCE: Time is of the essence in this Mortgage. 
26. INVALID PROVISIONS: If any provisions of this Mortgage cannot be enforced, the rest of the Mortgage will stay 
in effect. 
by:~~~ 
DUSTIN S. MCCABE 
ACKNOWLEDGMENT 
STATE OF:Fifi~DAt 
COUNTY OF: ~g~ 
The foregoing instrument was acknowledged before me this rot day of MARCH 2020 
By 
DUSTIN 
S. 
MCCABE, who 
is 
personally known 
to 
me; 
or who 
has 
produced 
(type 
of 
i entification} ______ 
,....,.............,,..---,.- as identification and who acknowledged execution of the foregoing 
i trument in their stated capacities for the purposes therein contained. 
• ness whereof, I have hereunto set my hand and seal this~ day of MARCH 2020 
/"\ 
X 
-~ 
( \_ N TARY PUBLIC 
(P eferred Ship Mortgage, page 3 of 3) 
USE ONLY 
FOR Of F\C\A~f COAST GUARD 
RELEASE OUTSIDE 
pROH\B\TED 
Case 9:24-cr-80103-AMC   Document 91-55   Entered on FLSD Docket 03/10/2025   Page 3 of 5

EMAILED Batch#: 74341 700 I Doc#: 8 / File Date: 3/18/2020 8:09:00 PM 
ORIG/N, 
ASSIGNMENT OF FIRST PREFERRED SHIP'S MORTGAGE 
~ L 
THIS ASSIGNMENT OF FIRST PREFERRED SHIP'S MORTGAGE made this 18th 
day of MARCH 2020, of the First Preferred Ship's Mortgage (the "Mortgage") dated 
MARCH 05, 2020, identified below. 
Vessel Name: 
"SOUTHERN COMFORT" 
Home Port: 
NVDC 
Hull Identification Number: XYU7748FH788 
U.S. Official Number: 
930158 
Mortgagor: 
DUSTIN S. MCCABE- 100% - (SOLE OWNER) 
(100%) owner(s) of the Vessel 
Address: 
633 SE MONET DRIVE. PORT SAINT LUCIE, FL 34984-6674 
Mortgagee: 
ST LIBERTY, LLC., the sole (100%) mortgagees of the Vessel 
1560 SAWGRASS CORPORATE PARKWAY, 4™ FLOOR 
Address: 
FT. LAUDERDALE, FL. 33323 
NATIONAL VESSEL DOCUMENTATION CENTER 
Filed Port: 
NVDC 
US COAST GUARD 
Mortgage Amount: $ 60,000.00 
I HEREBY CERTIFY THIS TO BE A TRUE COPY 
Dated Filed: 
OF THE RE 
RDS OF THIS OFFICE 
Time Filed: 
Book Number: 
Page Number: 
___,.n_, .... uMENTATI 
OFFICER ~~~ATE 
1. 
2. 
ASSIGNMENT: For the sum of Ten Dollars ($10.00) and other good and valuable 
consideration paid by 
Assignee: 
TD BANK, N.A.- COMMERCIAL LOAN DEPT.-100% 
Address: 
178 MAIN STREET, 2ND FLOOR 
NEW BRITAIN, CT. 06050-0174 
receipt of which is acknowledged, Mortgagee hereby transfers and assigns to 
Assignee all of Mortgagee's right, title, and interest as sole mortgagee under the 
Mortgage and in the Vessel, and all of Mortgagee's right, title, and interest as 
obligee under any and all instruments of indebtedness secured by the Mortgage and 
to the monies payable thereunder to have and to hold the same unto Assignee, its 
successors and assigns, forever. 
REPRESENTATIONS: 
Mortgagee further represents and warrants that the 
Mortgage was duly and validly executed and delivered, that Mortgagee has not 
otherwise assigned or encumbered its interest in the Mortgage and has the right to 
assign same to Assignee. 
241000/26528 
FOR OFFICIAL USE ONLY 
RELEASE OUTSIDE OF COAST GUARD 
PROHIBITED 
Case 9:24-cr-80103-AMC   Document 91-55   Entered on FLSD Docket 03/10/2025   Page 4 of 5

ORIGINAL 
2. 
REPRESENTATIONS: 
Mortgagee further represents and warrants that the 
Mortgage was duly and validly executed and delivered, that Mortgagee has not 
otherwise assigned or encumbered its interest in the Mortgage and has the right to 
assign same to Assignee. 
3. 
FURTHER ASSURANCES: Mortgagee further agrees to execute any and all 
documents and do any acts reasonably required by Assignee to perfect the 
Mortgage lien in favor of Assig~ee upon the Vessel. 
• 
4. 
AUTHORITY OF ASSIGNEE: Mortgagee ratifies and confirms the authority of 
Assignee, its successors and assigns, (a) to demand, collect, receive and sue for 
• moneys due on, or to become due under, the Mortgage or any and all instruments 
of indebtedness secured by the Mortgage; (b) to exercise all of the rights of 
mortgagee of the Mortgage in accordance with. Chapter 313, title 46, U.S. Code; ( c) 
to exercise all of the rights of obligee under any and all instruments of indebtedness 
secured by the Mortgage; (d) to do all acts and things necessary or proper to 
accomplish any of the foregoing purposes or to cause this Assignment to be filed, 
recorded, and indexed within the meaning of Chapter 313, title 46, U.S. Code; and 
(e) to exercise all rights of Assignee hereunder. 
STATE OF . FLORIDA 
COUNTY OF BROWARD 
) ss: 
ST. LIBERTY, LLC 
) 
) 
vv'\" ,:~~ foregoing_ was sworn and subscribed before me this I ?--tb day of 
1' tAYc..f' 2.020 
, by ALAN SWIMMER, Managing Member of ST. LIBERTY, 
LLC., on behalf of the company. 
He is . personally known to me or produced 
as identification. 
-------
Notary's Seal: 
. .,._:;iP..~ .. , USAS, lROCCOLI 
W
~~··:,c•=n ColmlllelonlGG230488 
~-:. 
:•1 &p1M October 20, 2022 
'•,,, ... fll!,, ," llalldtdTIIIITloJFIIIIIIIMIIOl~t cf~-J~ 
Signature of Notary Public 
241000/26528 
Case 9:24-cr-80103-AMC   Document 91-55   Entered on FLSD Docket 03/10/2025   Page 5 of 5

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