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Filing # 128364258 E-Filed 06/08/2021 08:49:57 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA.
CIVIL DIVISION
TIAA FSB Case #: 19CA002485AX
Plaintiff,
-VS.-
Unknown Heirs, Devisees, Grantees, Assignees,
Creditors, Lienors, and Trustees of David George
Beltzer a/k/a David G. Beltzer, Deceased, and
All Other Persons Claiming by and Through,
Under, Against The Named Defendant(s); et al.
Defendant(s).
NOTICE OF SERVICE OF VERIFIED AMENDED COMPLAINT TO FORECLOSE
MORTGAGE
Plaintiff, TIAA FSB, hereby notifies all parties to this cause of the service of VERIFIED
AMENDED COMPLAINT TO FORECLOSE MORTGAGE upon all Defendants.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by U.S. Mail and/or email service if an email address is so listed below on this 8th_ day of
June , 2021 to the following:
David G. Beltzer, 316 Oak Lane Pass, Ocala, FL 34472
Unknown Spouse of David G. Beltzer n/k/a Jane Doe, 316 Oak Lane Pass, Ocala, FL 34472
Unknown Parties in Possession #1, 316 Oak Lane Pass, Ocala, FL 34472
Unknown Parties in Possession #2, 316 Oak Lane Pass, Ocala, FL 34472
Electronically Filed Marion Case # 19CA002485AX bev08/2021 08:49:57 PMBank of America, N.A., c/o Andrea K. Allen, Esq., genlit@albertellilaw.com &
servealaw@albertellilaw.com
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff’s counsel
hereby designates its primary email address for the purposes of
email service as: FLeService@logs.com*
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
4630 Woodland Corporate Blvd., Suite 100
Tampa, Florida 33614
Telephone: (813) 880-8888 Ext. 55139
Fax: (813) 880-8800
For Email Service Only: FLeService@logs.com
For all other inquiries: mtebbi@logs.com
By: /s/ Michael L. Tebbi
Michael L. Tebbi, Esq.
FL Bar # 70856
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.
19-321823 FCO1 ESSIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL DIVISION
TIAA, FSB
Plaintiff,
-vs.-
Unknown Heirs, Devisees, Grantees, Assignees, Creditors, Lienors,
and Trustees of David George Beltzer a/k/a David G. Beltzer,
Deceased, and All Other Persons Claiming by and Through, Under,
Against The Named Defendant(s); Bank of America, N.A.; Irene
Mary Beltzer; Debora Ann Beltzer-Harper a/k/a Debora A. Beltzer;
Frederick Bernard Beltzer, Jr.; Alan Joseph Beltzer; Birtram Arthur
Beltzer; William Edward Beltzer; Janet Sheila Flynn a/k/a Janet
Beltzer a/k/a Hyang Sook Ko; Stephen L. Beltzer; Susan I. Spiller
a/k/a Susan I. Mele a/k/a Susan Irene Messer; Rebecca R. Gagne;
Aleta R. Beltzer-Frost a/k/a Aleta Frost; Michael Bernard Beltzer;
Sheila Jeanne Weyant; Unknown Spouse of Irene Mary Beltzer;
Unknown Spouse of Debora Ann Beltzer-Harper a/k/a Debora A.
Beltzer; Unknown Spouse of Frederick Bernard Beltzer, Jr.;
Unknown Spouse of Alan Joseph Beltzer; Unknown Spouse of
Birtram Arthur Beltzer; Unknown Spouse of William Edward
Beltzer; Unknown Spouse of Janet Sheila Flynn a/k/a Janet Beltzer
a/k/a Hyang Sook Ko; Unknown Spouse of Stephen L. Beltzer;
Unknown Spouse of Susan I. Spiller a/k/a Susan I. Mele a/k/a Susan
Irene Messer; Unknown Spouse of Rebecca R. Gagne; Unknown
Spouse of Aleta R. Beltzer-Frost a/k/a Aleta Frost; Unknown Spouse
of Michael Bernard Beltzer; Unknown Spouse of Sheila Jeanne
Weyant; Unknown Parties in Possession #1, if living, and all
Unknown Parties claiming by, through, under and against the above
named Defendant(s) who are not known to be dead or alive, whether
said Unknown Parties may claim an interest as Spouse, Heirs,
Devisees, Grantees, or Other Claimants; Unknown Parties in
Possession #2, if living, and all Unknown Parties claiming by,
through, under and against the above named Defendant(s) who are
not known to be dead or alive, whether said Unknown Parties may
claim an interest as Spouse, Heirs, Devisees, Grantees, or Other
Claimants
Defendant(s).
Case #:
19CA002485AX
VERIFIED AMENDED COMPLAINT TO FORECLOSE MORTGAGE
Page 1 of 8Plaintiff, TIAA FSB, sues the Defendant(s) and states:
1. This is an action to foreclose a mortgage on real property located in Marion
County, Florida, and by reason thereof the venue for this matter is in Marion County, Florida.
2. Borrower(s) David G. Beltzer (Deceased) executed and delivered a Promissory
Note (“Note”) dated July 19, 2011 and David G. Beltzer (Deceased) executed a first Mortgage
(“Mortgage”) dated July 19, 2011 securing payment of the Note to the payee named thereon. The
Mortgage was recorded in Official Records Book 05552, at Page 1849, of the Public Records of
Marion County, Florida, and mortgaged the property described in the mortgage then owned by
and in possession of the mortgagor(s). True and correct copies of said Note and Mortgage, are
attached hereto as Exhibit "A" and Exhibit "B" respectively.
3. Plaintiff is in physical possession of the original Note, an exact copy of which is
attached hereto as Exhibit “A”, and by virtue of being in possession of such original Note, is the
holder of that Note.
4, The Mortgage of the Plaintiff is a lien superior in dignity to any prior or
subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's
predecessors in interest.
5. Defendants, Unknown Heirs, Devisees, Grantees, Assignees, Creditors, Lienors,
and Trustees of David George Beltzer a/k/a David G. Beltzer, Deceased, and All Other Persons
Claiming by and Through, Under, Against The Named Defendant(s), Irene Mary Beltzer, Debora
Ann Beltzer-Harper a/k/a Debora A. Beltzer, Frederick Bernard Beltzer, Jr., Alan Joseph Beltzer,
Birtram Arthur Beltzer, William Edward Beltzer, Janet Sheila Fiynn a/k/a Janet Beltzer a/k/a
Hyang Sook Ko, Stephen L. Beltzer, Susan I. Spiller a/k/a Susan I. Mele a/k/a
Susan Irene Messer, Rebecca R. Gagne, Aleta R. Beltzer-Frost a/k/a Aleta Frost, Michael Bernard
Page 2 of 8Beltzer and Sheila Jeanne Weyant, are the current owners of the real property which is the subject
of the Mortgage.
6. All conditions precedent to the acceleration of the Note and Mortgage and the
filing of the instant foreclosure complaint have been fulfilled.
7. There has been a default in the payment of the amounts due under the Note and
Mortgage in that the payment due for April 1, 2019 and all subsequent payments have not been
made.
8. Plaintiff declares the full amount payable under the Note and Mortgage to be due
and payable.
9. There is now due and owing the principal sum of $56,704.08, together with all
interest and sums that may be due for taxes, insurance, escrow advances, and expenses and costs
of suit including but not limited to filing fees, recording fees, title search and examination fees,
fees due for service of process and such other costs as may be allowed by the Court.
10. _ Plaintiff is obligated to pay plaintiffs attorney a reasonable fee for their services
and seeks an award of attomney’s fees. Plaintiff is entitled to recover its attorneys’ fees under the
Note and Mortgage.
1. That the Defendant, Bank of America, N.A., might have some claim or demand in
the subject property by virtue of a Mortgage in the amount of $60,000.00, recorded February 20,
2006, in Official Records Book 4345, Page 679, and by virtue of a Subordination Agreement,
recorded in Official Records Book 5552, Page 1860 of the Public Records of Marion County,
Florida, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or
unrecorded, if any in the subject real property. The above-described interest of said Defendant(s)
in the subject property is inferior to the interest of the Plaintiff in said property.
Page 3 of 812. That the Defendant, Unknown Spouse of Irene Mary Beltzer, might have some
claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all
other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if
any in the subject real property, The above-described interest of said Defendant(s) in the subject
property is inferior to the interest of the Plaintiff in said property.
13. That the Defendant, Unknown Spouse of Debora Ann Beltzer-Harper a/k/a
Debora A. Beltzer, might have some claim or demand in the subject property by virtue of a
spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and
equities, either recorded or unrecorded, if any in the subject real property. The above-described
interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in
said property.
14. That the Defendant, Unknown Spouse of Frederick Bernard Beltzer, Jr., might
have some claim or demand in the subject property by virtue of a spousal homestead interest, if
any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or
unrecorded, if any in the subject real property. The above-described interest of said Defendant(s)
in the subject property is inferior to the interest of the Plaintiff in said property.
15. That the Defendant, Unknown Spouse of Alan Joseph Beltzer, might have some
claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all
other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if
any in the subject real property. The above-described interest of said Defendant(s) in the subject
property is inferior to the interest of the Plaintiff in said property.
16. That the Defendant, Unknown Spouse of Birtram Arthur Beltzer, might have
some claim or demand in the subject property by virtue of a spousal homestead interest, if any,
Page 4 of 8oes abs
and all other rights, claims, liens, interest, encumbrances and equities, either recorded or
unrecorded, if any in the subject real property. The above-described interest of said Defendant(s)
in the subject property is inferior to the interest of the Plaintiff in said property.
17. That the Defendant, Unknown Spouse of William Edward Beltzer, might have
some claim or demand in the subject property by virtue of a spousal homestead interest, if any,
and all other rights, claims, liens, interest, encumbrances and equities, either recorded or
unrecorded, if any in the subject real property. The above-described interest of said Defendant(s)
in the subject property is inferior to the interest of the Plaintiff in said property.
18. That the Defendant, Unknown Spouse of Janet Sheila Flynn a/k/a Janet Beltzer
a/k/a Hyang Sook Ko, might have some claim or demand in the subject property by virtue of a
spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and
equities, either recorded or unrecorded, if any in the subject real property. The above-described
interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in
said property.
19. That the Defendant, Unknown Spouse of Stephen L. Beltzer, might have some
claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all
other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if
any in the subject real property. The above-described interest of said Defendant(s) in the subject
property is inferior to the interest of the Plaintiff in said property.
20. That the Defendant, Unknown Spouse of Susan I. Spiller a/k/a Susan I. Mele a/k/a
Susan Irene Messer, might have some claim or demand in the subject property by virtue of a
spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and
equities, either recorded or unrecorded, if any in the subject real property. The above-described
Page 5 of 8interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in
said property.
21. That the Defendant, Unknown Spouse of Rebecca R. Gagne, might have some
claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all
other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if
any in the subject real property. The above-described interest of said Defendant(s) in the subject
property is inferior to the interest of the Plaintiff in said property.
22. That the Defendant, Unknown Spouse of Aleta R. Beltzer-Frost a/k/a Aleta Frost,
might have some claim or demand in the subject property by virtue of a spousal homestead
interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either
recorded or unrecorded, if any in the subject real property. The above-described interest of said
Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property.
23. That the Defendant, Unknown Spouse of Michael Bernard Beltzer, might have
some claim or demand in the subject property by virtue of a spousal homestead interest, if any,
and all other rights, claims, liens, interest, encumbrances and equities, either recorded or
unrecorded, if any in the subject real property. The above-described interest of said Defendant(s)
in the subject property is inferior to the interest of the Plaintiff in said property.
24. That the Defendant, Unknown Spouse of Sheila Jeanne Weyant, might have some
claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all
other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if
any in the subject real property. The above-described interest of said Defendant(s) in the subject
property is inferior to the interest of the Plaintiff in said property.
Page 6 of 8WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs and for
attorneys’ fees, and respectfully requests that the court enter a Final Judgment: (a) enumerating
all amounts the court determines due to Plaintiff pursuant to said Note and Mortgage, (b)
ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in
whole or in part; (c) adjudging that the right, title and interest of any party claiming by, through,
under or against any Defendant named herein be deemed inferior and subordinate to the
Plaintiff's Mortgage lien and be forever barred and foreclosed; (d) retaining jurisdiction of the
court in this action to make any and ail further orders and judgments as may be necessary and
proper, including issuance of a writ of possession, to determine the amount of assessments due
pursuant to sections 718.116 or 720.3085 and the entry of a deficiency, only when and if such
(Space Intentionally Blank)
Page 7 of 8deficiency is sought; and, (e) for such other and further relief as the court may deem just and
proper.
FLA. R. CIV. P. 1.115(e) VERIFICATION
Under penalties of perjury, | declare that | have read the foregoing Amended Complaint to Foreclose
Mortgage, and the facts alleged therein are true and correct to the best of my knowledge and belief.
Tt xo
By:
Print Name: _
Title: AS
Date: _
‘are, LLC asa ct under a limited
power of attorney for TIAA, FSB FEA EVERBANK.
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's counsel
hereby designates its primary email address for the purposes of
email service as: FLeService@logs.com*
LOGS LEGAL GROUP LDP
Attorneys for Plaintiff
4630 Woodiand Corporate Blvd., Suite 100
‘Tampa, Florida 33614
Telephone: (813) 880-8888 Ext. 56701
Fax: (813) 880-8800
For Email Service Only: FLeService@logs.com
For all other inquiries: aconcilio@logs.com
By: Js/ Michael L. Tebbi
Amy-Goneilio,sq— Michael L. Tebbi, Esq.
EL ban HTT FL Bar # 70856
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.
19-321823 FCO1 ESS
Page 8 of 8Exhibit
A&
Peeparad bys NATHALIE CONTRERAS
LOAN #: gRREM3470
NOTE
JULY 19, 2012 OCALA FLORIDA
[Date . (Gig) (Se)
"316 OAK LANE PASS, OCALA, FL 34472-9340
{Property Adheess)
1, BORROWER'S PROMISE TO PAY
in retuen for & loin that E hove received, 1 promise to pay US. $69,200.00 (this amount is called “Principal”,
plus interest, to the order of the Lender. The Lender is
BANK OF AMERICA, N.A. . .
Twill make all payments ander this Note in the form of eash, check or maney order,
Funderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entittet to
receive payments undes this Note is called the "Note Holder."
2. INTEREST
Tiletest will be charged on unpsid principal until the full amount of Prifcipal has been paid I will pay interést at 9 yearly rate
of 5.375%.
The interest rate cequired by this Section 2 is the rate T will pay both before and after any default éescribed in Section 6(B)
of this Nowe.
3. PAYMENTS
(A) Timc’and Place of Payments
Twill pey principal and interest by making @ paymont every month.
L will make my nionthly paytaent on the FIRST day of each month beginning on SEPTEMBER 01, 3011 .
J will make these paynients every month untif | have paid all of the principal and interest and aay other charges described below that f
inay owe under this Note, Hach monthly payment will be applied as of ils acheduted due date arid will be applied to interest before
Princip. Hyon AUGUST 02, 2036 , U still owe amounts under this Note, f wilt pay those amounts in full on that date, which
is called the "Maturity Dat
twill make my monthly payments at
P.O. Box 650070, Dallas, TX 75265-0070
or ata different place if required by the Note Holder,
(B) Amount of Monthly Payments
My monthty payment wit! b¢ in the amount of U.S. $419.19
4, BORROWER'S RIGHT TO PREPAY .
T have the right to make payments of Principal at any tine before they are due. A payment of Principat only is known as a
“Prepayment.” Whea { make a Prepaymiont, | will toll the Note Holder in writing that Taun doing so. f may not dosignate a payment as
a Prepayment if | have not made ull fhe monthly payments due under the Note.
Vinay make a fill Prepayment or partial Prepayments without paying # Prepayment cliarge, The Note Holder will use my
Prepayments to reduce the umount of Principal that Y owe under this Note. However, the Note Holder may opply my Prepayment to
the avemed sod umpaid interest ou the Prepayment simaunt, before applying my Prepayment to reduce the Principal amount of the
Note, if T make a partial Prepayment, there will be no changes in the ruc date or fn the amount of my monthly payment aniess the
Note Holder agrees in writing to those changes. .
5. LOAN CHARGES
Ta law, which applies to this loan and which sels maxinzum toan charges, is finally interpreted so that the interest or other loan
charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shail be
reduced! by the amount necessary (0 reduce the charge to the permitted limit; and (b) sny sums alroady collected from me which
exceeded permitted limits will be refunded ta mye, ‘The Note Holder may choose to muike this refund by reducing the Principat { owe
vader this Note or by making a direct payment to me, Tf a refimd reduces Principal, the reduction will be teated ass pactial
Prepayment. F
6 BORROWER'S FAILURE TO PAY AS REQUIRED
{A)_ Late Charge for Overdue Payments
If the Note Holder has not received the fall amount of any monthly payment by the end of FTETEEN calendar
days afer the date it is due, I will pay a late charge to the Note Holder. The amount of the change will be 5.000 % of
my overdue payment of principal and interest. 1 will pay this late charge promptly bat only once on cach Inte payment.
(BR) Defautt
Tel do not pay the fill antount of exch monthly payment on the date it is due, 1 will be in default.
(©) Notice of Default
IFT am in default, the Note Holder awy send me # writken notice telling me that if Flo not pay the overduc amouat by a certain
date, the Note Holder may require me to pay inmediately-the fatf amount of Principal which has nol been paid and alt the inieres! that
Tose on that amount, That date must be at least 30 days afler the date on which the notice is mailed to me or delivered by other
means.
FLORIDA FIXED RATE NOTE--Single Family.-Farinla Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 104
Fixed Rate Note-FL
20OBN-FL {0908)(de} . Paga 4082ew oe
LORN 4: RuRREE3470
{D) No Waiver By Note Holder
Even if, al a time when Tam in defoult, the Note Holder does not requite me to pay immediately in full as described above, the
Note Holster will still have the right (o do so if T am iis defivalt at u dater time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required nit to pay immediately in full as described above, the Note Holder will have the right to be paid
back by aie for all of fis casts and expenses in enforcing this Nole to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable attorneys’ fees.
2, GIVING OF NOTICES
Unites applicable faw requires a different method, ony notice thal must be given to- me under this Nofe will be given by
delivering it or by maifing it by first class mai to wie at the Property Address above ot at a different address iff give the Note Helder a
notice of my different address,
Any notice that must be given te the Note Holder under this Note will be given by delivering it or by mailing it by first class mait
to the Note Holder al the address stated in Section 3(A) above or at a different address if | am given x notice of that different addruss,
8. ORLIGATIONS OF PERSONS UNDER THIS NOTE
Vf more than one person signs this Note, cach person is fully. and personally obligated to keep all of the promises made in this
Note, including the promise to pay the fill amiount owed. Any person who is a guaraitior, surely or endorser of this'Note is also
obligated to do these things. Any jerson who takes over these abligations, including the obtigations of a guarantor, surety or endorser
of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note
against each person individually or against all of us together. This means that any one of us muy be required to pay all of the amounts
owed under this Note,
9% WAIVERS .
T asd any other person who has obligations under this Noic waive the rights of Proscntment and Nolice of Dishonor.
“Presentment means the right te require the Note Holder to demand payment of amounts due, "Notice of Dishonor" means the right
40 require the Note Holder to give notice to other persons that amovats duc have not been paid.
10, UNIFORM SECURED NOTE P
This Note is a uniforu instsument with tinited voriations in some jurisdictions, In addition (o the protections given fo she Note
Hokicr ander this Note, # Mortgage, Decd of Trust, or Security Deed (the "Security Instrument"), dated the sume date as this Nole,
protects the Note Holder from possible tosses which might result #€ F do not keep the pronsises which I make ix this Note. That
Security fustrument describes how and mider what conditions ¥ may be required to aeake immediate payment in full of alt amounts
Towe under dhis Note. Some of those conditions are described as follows:
Tull oF any part of the Property or any Enferest in the Property is sold or wransforced (ar if Borrower is uot a
featur parson and 9 beneficial interest in Borrower is sold or uansferred) without Lenders prior weitten consent,
Lender may require-iminediate payment in full of al sums secured by this Sccurity Instrument. However, this option
shaft stot be exercised by Leudee if such excrelse is prohibited by Applicable Law.
Tf Leader exercises this option, Lender shall give Borrawer notice of acceleration, The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Bonower must pay all sums secured by this Security Instrument. {F Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any vemedies pecnitted by this Security Instrument without further
notice oF demand on Borrower,
11. DOCUMENTARY TAX ‘
“The state documentary fax due om this Note has been paid on the morlgage securing this indeblecness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Lict) Nites a» (Seal)
WID G. BELTZER ' -Borrower
Sal)
PAY TO TEE ORDER OF “Borrower
(Seal)
-Borrower
(Seal)
“Borrower
{Sign Original Only
FLORIDA FIXED RATE NOTE-Singte Famiy-Fannle Mae/Fraddie Mac UNIFORM INSTRUMENT Form 3210 1704
Fixed Rate Note Fl
‘2008N-FL (08/08) Page 2 of 2Exhibit
BThis docuenemt yas preparal by:
NATRALTE CONTRERAS:
BANK OF AMERICA, W.A.
pave ese CLERK OF COURT MARION COUNTY
DATE: 08/08/2011 12:46:55 PM
2595 W CHANDLER BLVD FILE #: 20141
2598 073964 OR BK 05552 PGS 1849-1859
AZ 85224 REC 05.00 MTG DS 241.85 INT 138.20 AK
Space Ate Pie Line Fur Herring Dati] eee ee
mesma 1 868 nal
iserowsCtex ing #1
‘When Recorded Return To:
Indecomm Global Services .
2925 Country Drive " € MORTGAGE
St. Paul, MN 58317
Recor (St \Re
TIAd0TI5-6l
DEFINTFIONS,
Words axed in ombipte sections of this docuient agg ekitited below and ether words are delince ia Seetions 3, 11. 12, 1S, 2 and
21, Cena rules regarding ihe usage of words used in this document are aise providked in Seetion 16
curity Instrument” picans this document, which ydaued JhY 19, together with all Ridders te this
Harrower isthe mor
(C1 Lender” is
WANK GP AKERTCA, NLA.
Lymer is 4 NATIONAL ASSOCINTTON
‘extstangs under UNITEE STATES:
Loner’ aul
vor vatder this Security fastramcnt
Strees, Chavlovce, NO 28255
Levies is the morgintee miter this Security lnseruaent
(D) “Nate meims the promissory note signed by Burrower and dated CULY 19, 2071 ‘The Nowe Hh
1D ONK HUNDRED and 06/100
Datlurs ES VES, 1. oe J ptus interest, Horawer bas promised tn pay this debt in reg
pay the lebs in Tull nor iar ian AEGUST 91, 2936
AF) Property” nicsans the ataperty that is described below uncler the heading “Transfer of Rights in the Property.”
AF) “Lan ncuns the clebi evicienced by the Note, plus interest, amy prepayment eliaiges and kare charges tue ander the Note
sav all suns dare andlor sis Scourity Instrument, plus interest.
AG) "Riders" inewns alt Kiders to this Security Instrument that ave exceuted by Boruwer. The following Riders
executed by Borrower [check bay as applicable
I} Adjustable Rate Riker (3 Candonininn Rider 1 Second Hume Rider
ber Pecioaliy Payments anid ie
aire ta be
©) Balloon Rider {2} Phansed Unit Development Rides E) 4-4 Fumly Ruder
f] Va Rider Biweekly Payment Rides CO) Gtherta) [specti} |
FLORIDA. Sige Fanaly. Fannie Mae/Froddie Mac UNIFORM INSTRUMENT Form 3010 108
Mongape-Fe
2056--FL G81 ey
ge tot 10
Book5552/Page1849_ CFN#2011073964 Page 1 of 11NOC TD ¥: RAEN 7 31 1
(CH) "Applicable Law" icans sll controlling applicable federal, stme and local stitutes, regulations, ordinances and
aadsninisteative ru lable judicial opiniens.
(1) "Community Association Dues, Fees, und Assessments" means ali dues, lees, ussessnienis and other charges tar are
inipoxed on Borrower oF the Properly by @ vandominium association, homeowners association or similar arganization,
a)" ic Funds Transfer meinty any imansfer of funds, vilier than a tansaction cniginmed by check, Uralt, or similar
paper instrument, which 1s initiated through aa electronic teron campules, ay shagnetig kape st ay to
order, instruct, or authunze a jul matitubon to debit er credit an account, Such ten ineiudes, but ty not Tinted to, poineal
sile Wansfers, automated teller sstivhine transactions, transfers initiated by telephone, wire tanslers, and automated clearingho
seatisfers
UK) "Escrow Herts! means hase items that ure dleseribed! in Sectiun 3
(1) “Miscethuncous Proceeds” nwvany woy compensation, settlement, awvard uf damages. or proceeds paid by any shird party
(oilwr than insurance proceeds paid wader the coverages described in Section 8) fon; (i) dane Fo, oF destruction of, the Property:
Gi) condenmanion oF other uiking of all or any part af the Property: tii) eunve in fies of condemnation: or
(iv) mmistepresentations of, ar omissians as i the vsilue anééor cundition othe Property.
(MD “Mortgage fnsurance” ineans insurance proiceting Lender against the nonpayment af, or defuel on, Gre Los
(N) "Perluile Payment" nicans the regularly schooled amount due for {i} principal and interest ander dhe Note, plus (ii) any
aniounts under Section 3 of this Security instrament,
{O) “RESPA" weuns the Real Fstate Seulement Procedwes Act (12 (LSC. Section 260) ef seq} and its implemer
regulstion. Regulation X G4 CER. Past 3509), as they might be amended fron: tine 1 tiie, ae any additional ar successear
lepiskitiont or regulation that gavems the wane subject marter. Ay used i they Security: Tnstrameal, "RESPA® refers ta all
requizerienty and restr: that are imposed in regard oa “tevleraily related murtyage loan” even if he Laan dees not quality as,
a “Federally relied moryeage loan” ander RESPA,
(P} "Successor in Interest of Borrower" means any patty
assutined Borrower's obligations under the Nate anor this Sox
has taken tithe 60 fhe Property, whether ur not thal party leas
iy Insirament
TRANSEER OF RIGHTS INTHE PROPERTY
‘Vhis Security Insuument secures ty Lender, ¢i) the repayment af the Luring and al! renewals, extensions aid modifications of the
Nove, and (ii) the performance of Borrower's cuceniats and agreements ander thiy Secunty Instrament and the Note, For dhis
irpuse, Harrower does herehy mongage. grant aind eonvey to Lender, the follow ing deserbed property foewted tn the
couNTY at MARTON
Liye ut Resin Jasin save of exorting
SEE PMMIBIT "A" ATTACHED HERETO AUS MADE A PART MIE
eto
Pacet 1D Number: R902B-aBsy- 08 which jeutly tas the adds nf
316 CAR LANE PASS, OCALA
est ey]
Flavids 24472-9346 ("Mupory Adkhess’?:
[ah Crate;
TOGETHER WYTIL ali the improvements how o1 hereafter ereeted on the propery, and all easements. appurtenances. anit
Tisiures naw or heveafler a part of the property. All replacements and additions shall also be covered by this Security Insite
Alf of the foreyaing is referred to in this Security Instrnnent as the "Prapeny."
BORROWER COVENANTS that forrower is lawfully seived of the estate hereby conveyed andl has dhe right to morgage,
and eenvey the Property and that the Property 1s unencumbered, except for encumbrances of reeurd Herrosver warrans sn
will defend generally the tithe «the Property aganatst all ctsimys and deanands, subject ta amy eneumbeunces oF record.
THIS SECURITY INSTRUMENT combines uniform covenuals far national use and don-unifamt covenmts with finite
\ariatians hy jurisdretion to constitute « uaitonm security instrument covering eal praperty.
UNIFORM COVENANTS, Borrower aid Lender coveaaat and agree as follows:
ue the priveipil af, and interest on, the debt eviddenesd hy the Note S
Note, Nurrower shall alsa pay funds for Eseeenw Heme parstiame ut S under the Note
Instrument shall be made an U.S, cunency. Hawever, if any check ur uther insivument revived hy Leader as pay
Note or this Security Instuament is returned ta Lender unpaid, Lender smay require that any or all sabsequent payments due unde:
the Note and this Security fostrument be made in ane ar mone of the Follevving fons. as selected by Lender: (a) cash (b) money
order: (c) certified check, bank check, wreasurer’s check or cashier's elieck, provided any such check is drawn upon gn jnstiwuban
whose depusits are insured by a federal agency, instrumentality, ar entity: or {el} Electronic Funds Traaster,
FLORIOA-Singie Family Fannie MaaiFradsio Mac UNIFORM INSTRUMENT Form 3010 1/01
Mortgage-Fi.
POE -FL (oErtt Powe 2 of 10
Book5552/Page1850 CFN#2011073964 Page 2 of 11DOC TD 4; RAMANA? 1 1
Payments are deemed feevived by Lender when reevived at the location designated in the Note or at such,
may be designated by Lender in aceordance with the notice provisions in Section 45, Leader may returty
paysnent if the payment ar partial payments are insufficient we being the Laan current, Leader may accept any paynient or partial
payment insufficient to being the Loan current, wrthout waiver af any rights hereunder or prejudice tw its rights t@ refuse such
payment oF partial payments in the fieuze, bur Lender is no! obligated 1 apply such payaenits at the time such payments are
accepted. If each Periodic Puyment is applied as of its seheduled duc dite, then Lender need not pay interest an unapplicd funels.
Lender nay hold such unapplied finsls until Saxrower takes payment to bring the Losn current, If Bustos er dues not do so within
atreasonabie period uf fime, Lender shail gither apply such funds or setum them to Bostawes. If not applied cartier, such funds will
he applied to the vatsiaading pringipal balance under the Note imarcduttely peior a foreclosure. No offset or cham wluch
Borrower might have now ay in the future ayainst Lender sh relieve Borrower froin piaking payments due under the Nate snd
‘his Security Instrument oF performing the covenants and agreetents secured by this Sectrity Instrument
2, Application of Payments or Proceeds, Except as vilierwise described in this Suction 2, ai} payrtents accepted art
applied by Lender shall be applied in the Hallow ing ander af priority: (a inieest due untder the Note; (hb) prineipat due uxster the
Note; (cf amauils due under Seetion 3, Such payments shall be applied to each Petiodie Payment in the order in whch if became
due. Any remarmng samcty shill be appheci fst late char ny uther snwunts duc under this Security Instrument,
anu thon t ceduce the principsl bakanive of the Nole.
HW Lender receives a payment fram Burrower far a detinqucet Peri ment sine includes a suffieient amount te pay
any late change duc, the payment nay be apphic ta the delinquent payment and the late charge. [aire tha one Periadic Syren
is outstanding, Lender may apply any paymiont received tions Borrawer tu the repaynent af the Periudic Payments if and to the
extent that, each payment can be pase i full, Fo the extent that any excess exists after the payment is gpplicd to the Tull payrrcai
of one oF spore Periodic Payments, such excess may be applied to any lage changes due, Volunkiry prepayicnts shall be applied
Fist lo any prcpayment charges sind thew ay described in the Nate.
Any applicutien af payments, insurance pracceds, or Miscellineuas Proceeds te principal due under the Note shalt wot extend
‘ar postpane the due date. of change she amount. af the Periadie Paynrents.,
3, Funds fur Escrow ems, Surswer shall pay i Lender un the day Pevivilie Payments are dae wndge he Noe, anil the
Note is paid i full, a sem (ihe "Furds") ta pesvide: WIXeS cD assessments and other tents
‘which ean atain priarity over this Security histusient ay Hien ar encumbrance ob the Property; (b} leaschokd payments or groin
rents on the Property, if’ any: (e) premiuies for any and all insurance required by Lender under Sesion S: and (d) Slory:
premiums, {7any. or any suns payable by Borrower tw Longer in lieu of the payment of Merigage Insurance prose
i accortance with the provisions of Section 40. These items are ealled "Escrow hems." AL arigination oF at any Ume during: the
tems of te Loan, Lender may require that Comunity: Asspeiatien! Dues, Pees and Assessments, ifany, be escrowed by Burraswer,
auf suclt dues, fees and assessments shail be an Esciene Lem, Bacrower shal prampity frist tu Lender afl natiges of aapintis te
be past ander this Section, Hlorrawes shat pay Lerafer the Fondly for Escrow items unless Lender warves Borrower's obtiqsiwon be
Iiiy He Funds for any or all Escrow Items, Leailes nay waive Borrower's obligation to pay to Lender Funds fur any er all 1
Heemss at aby ume, Any sugh waiser avy only be an ovriting. PL the event of such waiver, Borrower sitll jay directly, when
where payable, the amoums due for amy Exctaw Hems fae wh ment of Funds hay been warved by Lender and, 90 L
requires, shall Tienish tr Lender recvipis evisleucing such payment within sogh time period as Lender imay require. Borrower's
obhgatiaa f¢ make such payments and to provide receipis shall for all purposes be deemed tu be a covenant and agreement
‘contained in this Security Instrumwns, as the phrise “eos chant and agreement” is used in Section 9 1 Borrower is obligated 16 pay
Serenade. pursuant toa wiser Heme ets pay the snot se or 9 Escrow fem Lend may exces
rights under Section 9 and pay such amount and Horrawer shit! then by abtiyated under Seetion 9 to repay to Leader any stich
amount Lenstes una revoke the waiver as to aay or all Eseroe hems al any time by 1 nosice given in accordance with Section 15
and, upon sah revocation, Borrower shall pay ty Lender ail Funds, and in such amounts, thst are then reqnived under ihis
3
Lender nny, at any time, collect andl hoée Funds in am amount (ay suiTicient ty penal Lender to apply the Fundy at
specified ander RESPA. and (i) noc io exceed He maxienuar ammauat a levwder ean route adder RESPA Lender shall estinaie the
amount of Funds due an the basis of current data anid weasenabie estimates of expenditures of future Esciow Jagims or atherssise in
accordance with Applicable Law
‘The Funds shill be felt in an institution whase deposits are cecal ayeney, insuumencatity, oe entity Ginchuding
{.entler, if Longer is an instinition whose depts are so ingured) or in any Pedergd Home Low Bask, Leider shatl apply the Funds
ty pay the Eseraw Hems no Hater than the time specified under RESPA, Loudes shall not charge Borrower for holeling arid amply nye
the Funds, aniuaily analyzing she escrow account, or verifying the Esery Hems, antes Lender pays Borrower innerest on the
Funds and Applicable Law permits Lender tq aake suck a charge Unéess a agreement iy nude in asriung or Applicable Law
requiies raterest 0 be paid on the Funds, Lender shall not be required 10 pay Borrower aety interest or ewinings on the Funds,
Harrower and Lender ea agree in writing, however, that interest shall be paid on the Funds. Lender shall give tw Bonussgr,
wwathout charge, ait accounting of the Funds as required by RESPA.
W there isa surpius of Fundy held in esceow, as defined vader RESPA, Lender shall account 16 Borrower tiv the
cordance with RESPA. If thers is a shuclage of Funds held in escrow, as defined unulor RESPA, Louder shall notity Baztowuct
to Lender thie aniount aigcesary 1 make up the shortage dt aceurdamee with
Irihere is a deficiency oF Funds held in eseroty, ag defined under RESPA,
ess Huns.
RESPA, but in nu niore than 12 snunthly: paya
Lender shatl notify: Borower a requited by RESPA, and Rorvower shall pay to
dcfisicney in accordance with RESPA, but wy no mnety haa 12 monthly gaymenss
Vipon payment in ful uf all suas secured 8s this Severity bistument, Leader shall promptly refund 49 Barrower any Funds
held By Lender
4. Cluirges: Liens. Borrower shail pay ail tases, assessments, charges, fines, and impositions wtnibatable ta the Property
can attain priority over tus Sccurity Instrument, Ieasehok! payments or ground sents on the Property, iF any. and
Conununity Association Dues, Fees, and Assess, if'any, To the extent tial these irems are Escrow hems, Borrewer shill pay
them i the manner provide ah Sevtion 3
FLORIDA.-Single Fanly- Fannie MaclFrogdic Mac UNIFORM INSTRUMENT Form 3010 1701
Monigage-FL
2006--FL (O61) Page J of 19
Book5552/Page1851 CFN#2011073964 Page 3 of 11DOC TD t; Rae 70 1 1
Borrower shali prompily discharge any lien which hus priority over thix
rwpting to the payment of the ubligation secured by the Tien is a a
performing such agreement: (b) contests the lien ir good frth by, or defends forcement oF - legal progeediags
ishictt in Genders opinion aperie tt prevent the enforcement of the hen while thse pruceedings ate pending, but only until such
are vaticlusded: of (c) secures finer the holder af the Tien an agreement satistactory lo Lender sebordinating the Tien &
this Security fnsirument. If Lender determines that aay part of the Property is subject to a fien which ewn attain privrity over tins
Security Insitunent, Lendyr may give Horrawer a notiee identifying the hen. Within 10 days of the date on vdhicl thal notice is
given, Bustawer shall satisfy the lien or take ase ar mare of the actions sei forth above int this Seetson
© Leades may require Bonpwer to pay a one-time charge fur a real estate tay verilieation anckor reparting service used hy
Lender in connvetionn with this Los,
5. Property Insurance, Burrewer lull Keep the tmpcavements now existing oF hereafter eiveted on the Property insured
ayzinst loss by fire, hazards included withia the ieim “extended covernge,” aad any other hazards including, but not iumsied i,
rfxpakes and Hoods, for which Lender requires insurance, This insurance shalt he nudiitained in the smounts Gineludue
deductibie levels) and far the periods that Leader requites, What £4 Si 1 to the preceding sentences ean ehumge
luting the tenin of the Lent, The insurance cartier providing the insurance 8 wen by Dosrrower subject to Lendee’s Tight te
disupprve Barvower's choice, which right shall nol be eacreised unreasonably. Lender may reguire Borrower lo pay. in connection
wth this Laan, either: Ga) a one-time charge for food une desesninat ny services; a (b) a one-time
charge for food vone deiermnination and cortification serviees aad subseyuens charges each tinw remappings of sintilsr changes
wou which reasonably might affect such dstennination or certification. Harnawe shall is he responsible for the payinsnt of way
ct by the Federal Emerge of any flued gone deterni
tesutting fant an ebjection by Burnnwer
UW Borrower fails to maimain amy af the coverages deswsibed above, Lender may bla it
ceurity instrument unless unower: (4) agrees 1m
wwe cuverage, at Lender's aptian
aunt OF coverage, Therefore,
Pupory, aia any sks Raza bi ad engin prove ee ethan wats previausly i ebieet. Bornawer
know ledges On the ost of dy surance coverage x0 ohtfing Hugh Ngalfieany exec the cost aura that rower
could have gbtained. Any amoupls disbursed by Lender gaer Uris Suvtion 5 shall became additional debt of Borrower secured by
his Security instrament, These amounts shalt bar inlerest af the Note rate from the date ef disbursement and shal be payable,
‘sith such interest, upon notice Fosn Leader ns Harrower requesting payistent,
All insurance policves required by Lenser und renewals of such policies shall be subject to Lender's night to disapprove such
policies, shall anclide a standérd maoetgage claune, and shal! name Lender as morygayee anlar ay an addiianal toss payee, Lender
shall have the right t hold tke policies and renewat eornticates reypires, Bortaweer shall promptly give we Lender al
receipts uf paid premiums and renewal notices. If Horewer vba finn of insurance not otherwise reyuined by
Londler for daniage «0, oF destruction af, the Property. stich policy shail include jause anid stall naaie Lemter
norlyaytee sand as om additianal toss pay ce.
Inthe event ab loss. Barrower shill give promps notige to the insurance eistigr and Lender, Lender may nike proof at toss af
nice proveeds. whether or Ht
mvferlying insurance wie required by Lender. shall be applied to restoration oF repair of the Property, iF the restoration a1
ait ts ecutumicatly feasible ad Lencka’s sceurily i nat lessened. During such repair and restoration period, Lender shall hits
Ihe Fight to hold such insurmce procevtts wins { eneler has had an opportunity to inspect such Property te ensure the work fats been
-d to Lender's satisfaction, provided that such inspection still be undertaken promptly, Lender any: disburse proceeds for
1s and texioration jit single payment ae in a series oF prugress payments as the work is competed Cless a agever
made in writing or Applicable Law reqtires unierest 10 be poi an such inswwance pravesds, Lender shi nut be sexqmted «0 pay
Boreowet any interest or eamings on such proceeds. Fees for publie udjusiers, or other inl parties, retained hy Borrower shalt not
be patid out uf the insurance proceeds and stall be the sole ubligatiee of Barrower, IF tbe testarution or repair is not economically
feasible ur Londer'y security would be lessened, the inwmamee praceeds shall be applied wo the sits secured hy dhiy Seewsy
Instermenl, whether or nat thya dite. with che exvess, iP any, paid lo Boruwer, Such iisurance proceeds shall he applied i the
ponder provided fern Section 2
{Borrower abandons the Properly, Louder sii fie, uegutiaty aad settle any available insuance clan and relsied muitets.
Borrower dees not respond within 30 clays to a mutice fron Hensler that the insornice earier hits oltered s@ seule a slaian, chem
Lender may negotiate and scttle the chains The 10-day peciod will begin when the notice is given. th either event, or if Lender
res the Property ander Section 22 ar waberwise, Honuwer hereby assigas to Lender (aj Borrower's tights to ary insurance
proceeds in an umount nat fo exceed Die anaes uinpad under the Nowe ae this Sevunty Instrument, and (b) any offer of
rowey's rigins (other than the sight to any refund of uncamed preniusns paid by Borrower) under all insursnes plicses
ceovecing the Property, insofas ax such sips are appheahle to the cavetage of the Properly. Lender may use the mstitinee proces
citer ta sepan or restore the Property or ta pay amounts uopid under the Note or Gis Security Instrament, whether or not then
rot nuady prompily by Uorresver. Unless Lendcr and fonewer atherwine agree an wit
the
We
6 Oceupaney, Hunuaver shall aecupy. establish, atid we the Pruperty as Horrower’s principal residence within ott
aller the executui oF Us Secury Instrument and shall untinue to occupy the Pruperty as Borsower’s principal residetice for at
lenst ane yer after the date of occupancy. eiless Letler otherwise agrees in writing. whiel coment shall pet be ungeasonsty
bheld, ov uuless & ing circumstances e ist which ate beyond Bonowers contrat
1. Preservation, Maintenance and Protection of the Property: Inspections, Hostawer shail ai destroy, thinmge ot
inmpair the Property, allow the Property to deteriorate oF commit w sie an the Property. Whether wf not Hertower is resis tke
Propedty, Boriutver stall nanan ihe Property io order te prevent the Maoperty from sleteriorating ar decreasing an vilue due ts ies
condition, Unless it is detemuped pursuant ly Section $ that repair or restevalion is aol economically feasible, Burtawer shall
mrouplly repair the Property if darmaged tw avoid Cunther deterioration of damage. I iusurice or conderimation proc pout
4s connection with damage #0, oF the taking of, the Properly, Borrower shall be respunsibte for repairing, or resteniigy the Papert
only af Louder fas relesised provevds for such purpases, Lander nay disburse proceeds for the Yepatity ind cestonation in a single
FLORIOA-Singin Family--Fannig Mae/Fraddio Mac UNIFORM INSTRUMENT Form 3010 01
Monguuu-Ft,
2006--FL 196251) Page 4 of 10
Book5552/Page1852 CFN#2011073964 Page 4 of 11boc 1D ft: Mtmmanammewesg 721 +
payntent oF in a series of proysess payments ss the work ts comple! ‘or condlermiion proceeds are nut suff
fe remait oF restore tke Ptoper, Barrower is sot relieeed of Hotower's obligation for the completian af such repair or restoration
‘Loner or ils agent mary make reasonabte enines upan and inspectians af the Property, [at has reasonable enuse, Lemler inay
inspect the iniersor oF the tinpravenients on the Property. Letiler shall give Bonower notice at the tine of oF prior te seh om
interior inspection specifying such eesanable vanse.
¥. Borrower's Loan Applicatiug, Buxwwer shall be in detinult if, during the Loan applivation process, Bortuyer or ity
persons or eatlies acting at dhe direction wf Rusrower ot with Horrower's knowledge oF conven! gave raterialy Halse, omishen ig
pr inaceutate infarmation oF statements io Lever Cor failed to provide Lender wih materiat information) in connection wilh he
“Logh. Matetial representations inclu, but are nol fined ta, representations concerning Hoerower’s accupaney oF the Property ts
Borrower's principal residence.
9, Pratection of Lender's Interest In the Property and Rights Under this Seeurity Hastrument 17 (a) Borrower Fails
pesfonn the covenants and agreements contained! 1n this Security lstrument, ch these isa Kegal proveeding that alight significantly
ifeet Lender's avterest in the Property andr rights under sis Secustty Insirament (such ay a proceedings in bankruptey.
Preview
Filing # 128364258 E-Filed 06/08/2021 08:49:57 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA. CIVIL DIVISION TIAA FSB Case #: 19CA002485AX Plaintiff, -VS.- Unknown Heirs, Devisees, Grantees, Assignees, Creditors, Lienors, and Trustees of David George Beltzer a/k/a David G. Beltzer, Deceased, and All Other Persons Claiming by and Through, Under, Against The Named Defendant(s); et al. Defendant(s). NOTICE OF SERVICE OF VERIFIED AMENDED COMPLAINT TO FORECLOSE MORTGAGE Plaintiff, TIAA FSB, hereby notifies all parties to this cause of the service of VERIFIED AMENDED COMPLAINT TO FORECLOSE MORTGAGE upon all Defendants. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail and/or email service if an email address is so listed below on this 8th_ day of June , 2021 to the following: David G. Beltzer, 316 Oak Lane Pass, Ocala, FL 34472 Unknown Spouse of David G. Beltzer n/k/a Jane Doe, 316 Oak Lane Pass, Ocala, FL 34472 Unknown Parties in Possession #1, 316 Oak Lane Pass, Ocala, FL 34472 Unknown Parties in Possession #2, 316 Oak Lane Pass, Ocala, FL 34472 Electronically Filed Marion Case # 19CA002485AX bev08/2021 08:49:57 PMBank of America, N.A., c/o Andrea K. Allen, Esq., genlit@albertellilaw.com & servealaw@albertellilaw.com *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff’s counsel hereby designates its primary email address for the purposes of email service as: FLeService@logs.com* LOGS LEGAL GROUP LLP Attorneys for Plaintiff 4630 Woodland Corporate Blvd., Suite 100 Tampa, Florida 33614 Telephone: (813) 880-8888 Ext. 55139 Fax: (813) 880-8800 For Email Service Only: FLeService@logs.com For all other inquiries: mtebbi@logs.com By: /s/ Michael L. Tebbi Michael L. Tebbi, Esq. FL Bar # 70856 Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. 19-321823 FCO1 ESSIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA CIVIL DIVISION TIAA, FSB Plaintiff, -vs.- Unknown Heirs, Devisees, Grantees, Assignees, Creditors, Lienors, and Trustees of David George Beltzer a/k/a David G. Beltzer, Deceased, and All Other Persons Claiming by and Through, Under, Against The Named Defendant(s); Bank of America, N.A.; Irene Mary Beltzer; Debora Ann Beltzer-Harper a/k/a Debora A. Beltzer; Frederick Bernard Beltzer, Jr.; Alan Joseph Beltzer; Birtram Arthur Beltzer; William Edward Beltzer; Janet Sheila Flynn a/k/a Janet Beltzer a/k/a Hyang Sook Ko; Stephen L. Beltzer; Susan I. Spiller a/k/a Susan I. Mele a/k/a Susan Irene Messer; Rebecca R. Gagne; Aleta R. Beltzer-Frost a/k/a Aleta Frost; Michael Bernard Beltzer; Sheila Jeanne Weyant; Unknown Spouse of Irene Mary Beltzer; Unknown Spouse of Debora Ann Beltzer-Harper a/k/a Debora A. Beltzer; Unknown Spouse of Frederick Bernard Beltzer, Jr.; Unknown Spouse of Alan Joseph Beltzer; Unknown Spouse of Birtram Arthur Beltzer; Unknown Spouse of William Edward Beltzer; Unknown Spouse of Janet Sheila Flynn a/k/a Janet Beltzer a/k/a Hyang Sook Ko; Unknown Spouse of Stephen L. Beltzer; Unknown Spouse of Susan I. Spiller a/k/a Susan I. Mele a/k/a Susan Irene Messer; Unknown Spouse of Rebecca R. Gagne; Unknown Spouse of Aleta R. Beltzer-Frost a/k/a Aleta Frost; Unknown Spouse of Michael Bernard Beltzer; Unknown Spouse of Sheila Jeanne Weyant; Unknown Parties in Possession #1, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants; Unknown Parties in Possession #2, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants Defendant(s). Case #: 19CA002485AX VERIFIED AMENDED COMPLAINT TO FORECLOSE MORTGAGE Page 1 of 8Plaintiff, TIAA FSB, sues the Defendant(s) and states: 1. This is an action to foreclose a mortgage on real property located in Marion County, Florida, and by reason thereof the venue for this matter is in Marion County, Florida. 2. Borrower(s) David G. Beltzer (Deceased) executed and delivered a Promissory Note (“Note”) dated July 19, 2011 and David G. Beltzer (Deceased) executed a first Mortgage (“Mortgage”) dated July 19, 2011 securing payment of the Note to the payee named thereon. The Mortgage was recorded in Official Records Book 05552, at Page 1849, of the Public Records of Marion County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor(s). True and correct copies of said Note and Mortgage, are attached hereto as Exhibit "A" and Exhibit "B" respectively. 3. Plaintiff is in physical possession of the original Note, an exact copy of which is attached hereto as Exhibit “A”, and by virtue of being in possession of such original Note, is the holder of that Note. 4, The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in interest. 5. Defendants, Unknown Heirs, Devisees, Grantees, Assignees, Creditors, Lienors, and Trustees of David George Beltzer a/k/a David G. Beltzer, Deceased, and All Other Persons Claiming by and Through, Under, Against The Named Defendant(s), Irene Mary Beltzer, Debora Ann Beltzer-Harper a/k/a Debora A. Beltzer, Frederick Bernard Beltzer, Jr., Alan Joseph Beltzer, Birtram Arthur Beltzer, William Edward Beltzer, Janet Sheila Fiynn a/k/a Janet Beltzer a/k/a Hyang Sook Ko, Stephen L. Beltzer, Susan I. Spiller a/k/a Susan I. Mele a/k/a Susan Irene Messer, Rebecca R. Gagne, Aleta R. Beltzer-Frost a/k/a Aleta Frost, Michael Bernard Page 2 of 8Beltzer and Sheila Jeanne Weyant, are the current owners of the real property which is the subject of the Mortgage. 6. All conditions precedent to the acceleration of the Note and Mortgage and the filing of the instant foreclosure complaint have been fulfilled. 7. There has been a default in the payment of the amounts due under the Note and Mortgage in that the payment due for April 1, 2019 and all subsequent payments have not been made. 8. Plaintiff declares the full amount payable under the Note and Mortgage to be due and payable. 9. There is now due and owing the principal sum of $56,704.08, together with all interest and sums that may be due for taxes, insurance, escrow advances, and expenses and costs of suit including but not limited to filing fees, recording fees, title search and examination fees, fees due for service of process and such other costs as may be allowed by the Court. 10. _ Plaintiff is obligated to pay plaintiffs attorney a reasonable fee for their services and seeks an award of attomney’s fees. Plaintiff is entitled to recover its attorneys’ fees under the Note and Mortgage. 1. That the Defendant, Bank of America, N.A., might have some claim or demand in the subject property by virtue of a Mortgage in the amount of $60,000.00, recorded February 20, 2006, in Official Records Book 4345, Page 679, and by virtue of a Subordination Agreement, recorded in Official Records Book 5552, Page 1860 of the Public Records of Marion County, Florida, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. Page 3 of 812. That the Defendant, Unknown Spouse of Irene Mary Beltzer, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property, The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 13. That the Defendant, Unknown Spouse of Debora Ann Beltzer-Harper a/k/a Debora A. Beltzer, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 14. That the Defendant, Unknown Spouse of Frederick Bernard Beltzer, Jr., might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 15. That the Defendant, Unknown Spouse of Alan Joseph Beltzer, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 16. That the Defendant, Unknown Spouse of Birtram Arthur Beltzer, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, Page 4 of 8oes abs and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 17. That the Defendant, Unknown Spouse of William Edward Beltzer, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 18. That the Defendant, Unknown Spouse of Janet Sheila Flynn a/k/a Janet Beltzer a/k/a Hyang Sook Ko, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 19. That the Defendant, Unknown Spouse of Stephen L. Beltzer, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 20. That the Defendant, Unknown Spouse of Susan I. Spiller a/k/a Susan I. Mele a/k/a Susan Irene Messer, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described Page 5 of 8interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 21. That the Defendant, Unknown Spouse of Rebecca R. Gagne, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 22. That the Defendant, Unknown Spouse of Aleta R. Beltzer-Frost a/k/a Aleta Frost, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 23. That the Defendant, Unknown Spouse of Michael Bernard Beltzer, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 24. That the Defendant, Unknown Spouse of Sheila Jeanne Weyant, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. Page 6 of 8WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs and for attorneys’ fees, and respectfully requests that the court enter a Final Judgment: (a) enumerating all amounts the court determines due to Plaintiff pursuant to said Note and Mortgage, (b) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or in part; (c) adjudging that the right, title and interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior and subordinate to the Plaintiff's Mortgage lien and be forever barred and foreclosed; (d) retaining jurisdiction of the court in this action to make any and ail further orders and judgments as may be necessary and proper, including issuance of a writ of possession, to determine the amount of assessments due pursuant to sections 718.116 or 720.3085 and the entry of a deficiency, only when and if such (Space Intentionally Blank) Page 7 of 8deficiency is sought; and, (e) for such other and further relief as the court may deem just and proper. FLA. R. CIV. P. 1.115(e) VERIFICATION Under penalties of perjury, | declare that | have read the foregoing Amended Complaint to Foreclose Mortgage, and the facts alleged therein are true and correct to the best of my knowledge and belief. Tt xo By: Print Name: _ Title: AS Date: _ ‘are, LLC asa ct under a limited power of attorney for TIAA, FSB FEA EVERBANK. *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's counsel hereby designates its primary email address for the purposes of email service as: FLeService@logs.com* LOGS LEGAL GROUP LDP Attorneys for Plaintiff 4630 Woodiand Corporate Blvd., Suite 100 ‘Tampa, Florida 33614 Telephone: (813) 880-8888 Ext. 56701 Fax: (813) 880-8800 For Email Service Only: FLeService@logs.com For all other inquiries: aconcilio@logs.com By: Js/ Michael L. Tebbi Amy-Goneilio,sq— Michael L. Tebbi, Esq. EL ban HTT FL Bar # 70856 Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. 19-321823 FCO1 ESS Page 8 of 8Exhibit A& Peeparad bys NATHALIE CONTRERAS LOAN #: gRREM3470 NOTE JULY 19, 2012 OCALA FLORIDA [Date . (Gig) (Se) "316 OAK LANE PASS, OCALA, FL 34472-9340 {Property Adheess) 1, BORROWER'S PROMISE TO PAY in retuen for & loin that E hove received, 1 promise to pay US. $69,200.00 (this amount is called “Principal”, plus interest, to the order of the Lender. The Lender is BANK OF AMERICA, N.A. . . Twill make all payments ander this Note in the form of eash, check or maney order, Funderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entittet to receive payments undes this Note is called the "Note Holder." 2. INTEREST Tiletest will be charged on unpsid principal until the full amount of Prifcipal has been paid I will pay interést at 9 yearly rate of 5.375%. The interest rate cequired by this Section 2 is the rate T will pay both before and after any default éescribed in Section 6(B) of this Nowe. 3. PAYMENTS (A) Timc’and Place of Payments Twill pey principal and interest by making @ paymont every month. L will make my nionthly paytaent on the FIRST day of each month beginning on SEPTEMBER 01, 3011 . J will make these paynients every month untif | have paid all of the principal and interest and aay other charges described below that f inay owe under this Note, Hach monthly payment will be applied as of ils acheduted due date arid will be applied to interest before Princip. Hyon AUGUST 02, 2036 , U still owe amounts under this Note, f wilt pay those amounts in full on that date, which is called the "Maturity Dat twill make my monthly payments at P.O. Box 650070, Dallas, TX 75265-0070 or ata different place if required by the Note Holder, (B) Amount of Monthly Payments My monthty payment wit! b¢ in the amount of U.S. $419.19 4, BORROWER'S RIGHT TO PREPAY . T have the right to make payments of Principal at any tine before they are due. A payment of Principat only is known as a “Prepayment.” Whea { make a Prepaymiont, | will toll the Note Holder in writing that Taun doing so. f may not dosignate a payment as a Prepayment if | have not made ull fhe monthly payments due under the Note. Vinay make a fill Prepayment or partial Prepayments without paying # Prepayment cliarge, The Note Holder will use my Prepayments to reduce the umount of Principal that Y owe under this Note. However, the Note Holder may opply my Prepayment to the avemed sod umpaid interest ou the Prepayment simaunt, before applying my Prepayment to reduce the Principal amount of the Note, if T make a partial Prepayment, there will be no changes in the ruc date or fn the amount of my monthly payment aniess the Note Holder agrees in writing to those changes. . 5. LOAN CHARGES Ta law, which applies to this loan and which sels maxinzum toan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shail be reduced! by the amount necessary (0 reduce the charge to the permitted limit; and (b) sny sums alroady collected from me which exceeded permitted limits will be refunded ta mye, ‘The Note Holder may choose to muike this refund by reducing the Principat { owe vader this Note or by making a direct payment to me, Tf a refimd reduces Principal, the reduction will be teated ass pactial Prepayment. F 6 BORROWER'S FAILURE TO PAY AS REQUIRED {A)_ Late Charge for Overdue Payments If the Note Holder has not received the fall amount of any monthly payment by the end of FTETEEN calendar days afer the date it is due, I will pay a late charge to the Note Holder. The amount of the change will be 5.000 % of my overdue payment of principal and interest. 1 will pay this late charge promptly bat only once on cach Inte payment. (BR) Defautt Tel do not pay the fill antount of exch monthly payment on the date it is due, 1 will be in default. (©) Notice of Default IFT am in default, the Note Holder awy send me # writken notice telling me that if Flo not pay the overduc amouat by a certain date, the Note Holder may require me to pay inmediately-the fatf amount of Principal which has nol been paid and alt the inieres! that Tose on that amount, That date must be at least 30 days afler the date on which the notice is mailed to me or delivered by other means. FLORIDA FIXED RATE NOTE--Single Family.-Farinla Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 104 Fixed Rate Note-FL 20OBN-FL {0908)(de} . Paga 4082ew oe LORN 4: RuRREE3470 {D) No Waiver By Note Holder Even if, al a time when Tam in defoult, the Note Holder does not requite me to pay immediately in full as described above, the Note Holster will still have the right (o do so if T am iis defivalt at u dater time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required nit to pay immediately in full as described above, the Note Holder will have the right to be paid back by aie for all of fis casts and expenses in enforcing this Nole to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 2, GIVING OF NOTICES Unites applicable faw requires a different method, ony notice thal must be given to- me under this Nofe will be given by delivering it or by maifing it by first class mai to wie at the Property Address above ot at a different address iff give the Note Helder a notice of my different address, Any notice that must be given te the Note Holder under this Note will be given by delivering it or by mailing it by first class mait to the Note Holder al the address stated in Section 3(A) above or at a different address if | am given x notice of that different addruss, 8. ORLIGATIONS OF PERSONS UNDER THIS NOTE Vf more than one person signs this Note, cach person is fully. and personally obligated to keep all of the promises made in this Note, including the promise to pay the fill amiount owed. Any person who is a guaraitior, surely or endorser of this'Note is also obligated to do these things. Any jerson who takes over these abligations, including the obtigations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us muy be required to pay all of the amounts owed under this Note, 9% WAIVERS . T asd any other person who has obligations under this Noic waive the rights of Proscntment and Nolice of Dishonor. “Presentment means the right te require the Note Holder to demand payment of amounts due, "Notice of Dishonor" means the right 40 require the Note Holder to give notice to other persons that amovats duc have not been paid. 10, UNIFORM SECURED NOTE P This Note is a uniforu instsument with tinited voriations in some jurisdictions, In addition (o the protections given fo she Note Hokicr ander this Note, # Mortgage, Decd of Trust, or Security Deed (the "Security Instrument"), dated the sume date as this Nole, protects the Note Holder from possible tosses which might result #€ F do not keep the pronsises which I make ix this Note. That Security fustrument describes how and mider what conditions ¥ may be required to aeake immediate payment in full of alt amounts Towe under dhis Note. Some of those conditions are described as follows: Tull oF any part of the Property or any Enferest in the Property is sold or wransforced (ar if Borrower is uot a featur parson and 9 beneficial interest in Borrower is sold or uansferred) without Lenders prior weitten consent, Lender may require-iminediate payment in full of al sums secured by this Sccurity Instrument. However, this option shaft stot be exercised by Leudee if such excrelse is prohibited by Applicable Law. Tf Leader exercises this option, Lender shall give Borrawer notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Bonower must pay all sums secured by this Security Instrument. {F Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any vemedies pecnitted by this Security Instrument without further notice oF demand on Borrower, 11. DOCUMENTARY TAX ‘ “The state documentary fax due om this Note has been paid on the morlgage securing this indeblecness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Lict) Nites a» (Seal) WID G. BELTZER ' -Borrower Sal) PAY TO TEE ORDER OF “Borrower (Seal) -Borrower (Seal) “Borrower {Sign Original Only FLORIDA FIXED RATE NOTE-Singte Famiy-Fannle Mae/Fraddie Mac UNIFORM INSTRUMENT Form 3210 1704 Fixed Rate Note Fl ‘2008N-FL (08/08) Page 2 of 2Exhibit BThis docuenemt yas preparal by: NATRALTE CONTRERAS: BANK OF AMERICA, W.A. pave ese CLERK OF COURT MARION COUNTY DATE: 08/08/2011 12:46:55 PM 2595 W CHANDLER BLVD FILE #: 20141 2598 073964 OR BK 05552 PGS 1849-1859 AZ 85224 REC 05.00 MTG DS 241.85 INT 138.20 AK Space Ate Pie Line Fur Herring Dati] eee ee mesma 1 868 nal iserowsCtex ing #1 ‘When Recorded Return To: Indecomm Global Services . 2925 Country Drive " € MORTGAGE St. Paul, MN 58317 Recor (St \Re TIAd0TI5-6l DEFINTFIONS, Words axed in ombipte sections of this docuient agg ekitited below and ether words are delince ia Seetions 3, 11. 12, 1S, 2 and 21, Cena rules regarding ihe usage of words used in this document are aise providked in Seetion 16 curity Instrument” picans this document, which ydaued JhY 19, together with all Ridders te this Harrower isthe mor (C1 Lender” is WANK GP AKERTCA, NLA. Lymer is 4 NATIONAL ASSOCINTTON ‘extstangs under UNITEE STATES: Loner’ aul vor vatder this Security fastramcnt Strees, Chavlovce, NO 28255 Levies is the morgintee miter this Security lnseruaent (D) “Nate meims the promissory note signed by Burrower and dated CULY 19, 2071 ‘The Nowe Hh 1D ONK HUNDRED and 06/100 Datlurs ES VES, 1. oe J ptus interest, Horawer bas promised tn pay this debt in reg pay the lebs in Tull nor iar ian AEGUST 91, 2936 AF) Property” nicsans the ataperty that is described below uncler the heading “Transfer of Rights in the Property.” AF) “Lan ncuns the clebi evicienced by the Note, plus interest, amy prepayment eliaiges and kare charges tue ander the Note sav all suns dare andlor sis Scourity Instrument, plus interest. AG) "Riders" inewns alt Kiders to this Security Instrument that ave exceuted by Boruwer. The following Riders executed by Borrower [check bay as applicable I} Adjustable Rate Riker (3 Candonininn Rider 1 Second Hume Rider ber Pecioaliy Payments anid ie aire ta be ©) Balloon Rider {2} Phansed Unit Development Rides E) 4-4 Fumly Ruder f] Va Rider Biweekly Payment Rides CO) Gtherta) [specti} | FLORIDA. Sige Fanaly. Fannie Mae/Froddie Mac UNIFORM INSTRUMENT Form 3010 108 Mongape-Fe 2056--FL G81 ey ge tot 10 Book5552/Page1849_ CFN#2011073964 Page 1 of 11NOC TD ¥: RAEN 7 31 1 (CH) "Applicable Law" icans sll controlling applicable federal, stme and local stitutes, regulations, ordinances and aadsninisteative ru lable judicial opiniens. (1) "Community Association Dues, Fees, und Assessments" means ali dues, lees, ussessnienis and other charges tar are inipoxed on Borrower oF the Properly by @ vandominium association, homeowners association or similar arganization, a)" ic Funds Transfer meinty any imansfer of funds, vilier than a tansaction cniginmed by check, Uralt, or similar paper instrument, which 1s initiated through aa electronic teron campules, ay shagnetig kape st ay to order, instruct, or authunze a jul matitubon to debit er credit an account, Such ten ineiudes, but ty not Tinted to, poineal sile Wansfers, automated teller sstivhine transactions, transfers initiated by telephone, wire tanslers, and automated clearingho seatisfers UK) "Escrow Herts! means hase items that ure dleseribed! in Sectiun 3 (1) “Miscethuncous Proceeds” nwvany woy compensation, settlement, awvard uf damages. or proceeds paid by any shird party (oilwr than insurance proceeds paid wader the coverages described in Section 8) fon; (i) dane Fo, oF destruction of, the Property: Gi) condenmanion oF other uiking of all or any part af the Property: tii) eunve in fies of condemnation: or (iv) mmistepresentations of, ar omissians as i the vsilue anééor cundition othe Property. (MD “Mortgage fnsurance” ineans insurance proiceting Lender against the nonpayment af, or defuel on, Gre Los (N) "Perluile Payment" nicans the regularly schooled amount due for {i} principal and interest ander dhe Note, plus (ii) any aniounts under Section 3 of this Security instrament, {O) “RESPA" weuns the Real Fstate Seulement Procedwes Act (12 (LSC. Section 260) ef seq} and its implemer regulstion. Regulation X G4 CER. Past 3509), as they might be amended fron: tine 1 tiie, ae any additional ar successear lepiskitiont or regulation that gavems the wane subject marter. Ay used i they Security: Tnstrameal, "RESPA® refers ta all requizerienty and restr: that are imposed in regard oa “tevleraily related murtyage loan” even if he Laan dees not quality as, a “Federally relied moryeage loan” ander RESPA, (P} "Successor in Interest of Borrower" means any patty assutined Borrower's obligations under the Nate anor this Sox has taken tithe 60 fhe Property, whether ur not thal party leas iy Insirament TRANSEER OF RIGHTS INTHE PROPERTY ‘Vhis Security Insuument secures ty Lender, ¢i) the repayment af the Luring and al! renewals, extensions aid modifications of the Nove, and (ii) the performance of Borrower's cuceniats and agreements ander thiy Secunty Instrament and the Note, For dhis irpuse, Harrower does herehy mongage. grant aind eonvey to Lender, the follow ing deserbed property foewted tn the couNTY at MARTON Liye ut Resin Jasin save of exorting SEE PMMIBIT "A" ATTACHED HERETO AUS MADE A PART MIE eto Pacet 1D Number: R902B-aBsy- 08 which jeutly tas the adds nf 316 CAR LANE PASS, OCALA est ey] Flavids 24472-9346 ("Mupory Adkhess’?: [ah Crate; TOGETHER WYTIL ali the improvements how o1 hereafter ereeted on the propery, and all easements. appurtenances. anit Tisiures naw or heveafler a part of the property. All replacements and additions shall also be covered by this Security Insite Alf of the foreyaing is referred to in this Security Instrnnent as the "Prapeny." BORROWER COVENANTS that forrower is lawfully seived of the estate hereby conveyed andl has dhe right to morgage, and eenvey the Property and that the Property 1s unencumbered, except for encumbrances of reeurd Herrosver warrans sn will defend generally the tithe «the Property aganatst all ctsimys and deanands, subject ta amy eneumbeunces oF record. THIS SECURITY INSTRUMENT combines uniform covenuals far national use and don-unifamt covenmts with finite \ariatians hy jurisdretion to constitute « uaitonm security instrument covering eal praperty. UNIFORM COVENANTS, Borrower aid Lender coveaaat and agree as follows: ue the priveipil af, and interest on, the debt eviddenesd hy the Note S Note, Nurrower shall alsa pay funds for Eseeenw Heme parstiame ut S under the Note Instrument shall be made an U.S, cunency. Hawever, if any check ur uther insivument revived hy Leader as pay Note or this Security Instuament is returned ta Lender unpaid, Lender smay require that any or all sabsequent payments due unde: the Note and this Security fostrument be made in ane ar mone of the Follevving fons. as selected by Lender: (a) cash (b) money order: (c) certified check, bank check, wreasurer’s check or cashier's elieck, provided any such check is drawn upon gn jnstiwuban whose depusits are insured by a federal agency, instrumentality, ar entity: or {el} Electronic Funds Traaster, FLORIOA-Singie Family Fannie MaaiFradsio Mac UNIFORM INSTRUMENT Form 3010 1/01 Mortgage-Fi. POE -FL (oErtt Powe 2 of 10 Book5552/Page1850 CFN#2011073964 Page 2 of 11DOC TD 4; RAMANA? 1 1 Payments are deemed feevived by Lender when reevived at the location designated in the Note or at such, may be designated by Lender in aceordance with the notice provisions in Section 45, Leader may returty paysnent if the payment ar partial payments are insufficient we being the Laan current, Leader may accept any paynient or partial payment insufficient to being the Loan current, wrthout waiver af any rights hereunder or prejudice tw its rights t@ refuse such payment oF partial payments in the fieuze, bur Lender is no! obligated 1 apply such payaenits at the time such payments are accepted. If each Periodic Puyment is applied as of its seheduled duc dite, then Lender need not pay interest an unapplicd funels. Lender nay hold such unapplied finsls until Saxrower takes payment to bring the Losn current, If Bustos er dues not do so within atreasonabie period uf fime, Lender shail gither apply such funds or setum them to Bostawes. If not applied cartier, such funds will he applied to the vatsiaading pringipal balance under the Note imarcduttely peior a foreclosure. No offset or cham wluch Borrower might have now ay in the future ayainst Lender sh relieve Borrower froin piaking payments due under the Nate snd ‘his Security Instrument oF performing the covenants and agreetents secured by this Sectrity Instrument 2, Application of Payments or Proceeds, Except as vilierwise described in this Suction 2, ai} payrtents accepted art applied by Lender shall be applied in the Hallow ing ander af priority: (a inieest due untder the Note; (hb) prineipat due uxster the Note; (cf amauils due under Seetion 3, Such payments shall be applied to each Petiodie Payment in the order in whch if became due. Any remarmng samcty shill be appheci fst late char ny uther snwunts duc under this Security Instrument, anu thon t ceduce the principsl bakanive of the Nole. HW Lender receives a payment fram Burrower far a detinqucet Peri ment sine includes a suffieient amount te pay any late change duc, the payment nay be apphic ta the delinquent payment and the late charge. [aire tha one Periadic Syren is outstanding, Lender may apply any paymiont received tions Borrawer tu the repaynent af the Periudic Payments if and to the extent that, each payment can be pase i full, Fo the extent that any excess exists after the payment is gpplicd to the Tull payrrcai of one oF spore Periodic Payments, such excess may be applied to any lage changes due, Volunkiry prepayicnts shall be applied Fist lo any prcpayment charges sind thew ay described in the Nate. Any applicutien af payments, insurance pracceds, or Miscellineuas Proceeds te principal due under the Note shalt wot extend ‘ar postpane the due date. of change she amount. af the Periadie Paynrents., 3, Funds fur Escrow ems, Surswer shall pay i Lender un the day Pevivilie Payments are dae wndge he Noe, anil the Note is paid i full, a sem (ihe "Furds") ta pesvide: WIXeS cD assessments and other tents ‘which ean atain priarity over this Security histusient ay Hien ar encumbrance ob the Property; (b} leaschokd payments or groin rents on the Property, if’ any: (e) premiuies for any and all insurance required by Lender under Sesion S: and (d) Slory: premiums, {7any. or any suns payable by Borrower tw Longer in lieu of the payment of Merigage Insurance prose i accortance with the provisions of Section 40. These items are ealled "Escrow hems." AL arigination oF at any Ume during: the tems of te Loan, Lender may require that Comunity: Asspeiatien! Dues, Pees and Assessments, ifany, be escrowed by Burraswer, auf suclt dues, fees and assessments shail be an Esciene Lem, Bacrower shal prampity frist tu Lender afl natiges of aapintis te be past ander this Section, Hlorrawes shat pay Lerafer the Fondly for Escrow items unless Lender warves Borrower's obtiqsiwon be Iiiy He Funds for any or all Escrow Items, Leailes nay waive Borrower's obligation to pay to Lender Funds fur any er all 1 Heemss at aby ume, Any sugh waiser avy only be an ovriting. PL the event of such waiver, Borrower sitll jay directly, when where payable, the amoums due for amy Exctaw Hems fae wh ment of Funds hay been warved by Lender and, 90 L requires, shall Tienish tr Lender recvipis evisleucing such payment within sogh time period as Lender imay require. Borrower's obhgatiaa f¢ make such payments and to provide receipis shall for all purposes be deemed tu be a covenant and agreement ‘contained in this Security Instrumwns, as the phrise “eos chant and agreement” is used in Section 9 1 Borrower is obligated 16 pay Serenade. pursuant toa wiser Heme ets pay the snot se or 9 Escrow fem Lend may exces rights under Section 9 and pay such amount and Horrawer shit! then by abtiyated under Seetion 9 to repay to Leader any stich amount Lenstes una revoke the waiver as to aay or all Eseroe hems al any time by 1 nosice given in accordance with Section 15 and, upon sah revocation, Borrower shall pay ty Lender ail Funds, and in such amounts, thst are then reqnived under ihis 3 Lender nny, at any time, collect andl hoée Funds in am amount (ay suiTicient ty penal Lender to apply the Fundy at specified ander RESPA. and (i) noc io exceed He maxienuar ammauat a levwder ean route adder RESPA Lender shall estinaie the amount of Funds due an the basis of current data anid weasenabie estimates of expenditures of future Esciow Jagims or atherssise in accordance with Applicable Law ‘The Funds shill be felt in an institution whase deposits are cecal ayeney, insuumencatity, oe entity Ginchuding {.entler, if Longer is an instinition whose depts are so ingured) or in any Pedergd Home Low Bask, Leider shatl apply the Funds ty pay the Eseraw Hems no Hater than the time specified under RESPA, Loudes shall not charge Borrower for holeling arid amply nye the Funds, aniuaily analyzing she escrow account, or verifying the Esery Hems, antes Lender pays Borrower innerest on the Funds and Applicable Law permits Lender tq aake suck a charge Unéess a agreement iy nude in asriung or Applicable Law requiies raterest 0 be paid on the Funds, Lender shall not be required 10 pay Borrower aety interest or ewinings on the Funds, Harrower and Lender ea agree in writing, however, that interest shall be paid on the Funds. Lender shall give tw Bonussgr, wwathout charge, ait accounting of the Funds as required by RESPA. W there isa surpius of Fundy held in esceow, as defined vader RESPA, Lender shall account 16 Borrower tiv the cordance with RESPA. If thers is a shuclage of Funds held in escrow, as defined unulor RESPA, Louder shall notity Baztowuct to Lender thie aniount aigcesary 1 make up the shortage dt aceurdamee with Irihere is a deficiency oF Funds held in eseroty, ag defined under RESPA, ess Huns. RESPA, but in nu niore than 12 snunthly: paya Lender shatl notify: Borower a requited by RESPA, and Rorvower shall pay to dcfisicney in accordance with RESPA, but wy no mnety haa 12 monthly gaymenss Vipon payment in ful uf all suas secured 8s this Severity bistument, Leader shall promptly refund 49 Barrower any Funds held By Lender 4. Cluirges: Liens. Borrower shail pay ail tases, assessments, charges, fines, and impositions wtnibatable ta the Property can attain priority over tus Sccurity Instrument, Ieasehok! payments or ground sents on the Property, iF any. and Conununity Association Dues, Fees, and Assess, if'any, To the extent tial these irems are Escrow hems, Borrewer shill pay them i the manner provide ah Sevtion 3 FLORIDA.-Single Fanly- Fannie MaclFrogdic Mac UNIFORM INSTRUMENT Form 3010 1701 Monigage-FL 2006--FL (O61) Page J of 19 Book5552/Page1851 CFN#2011073964 Page 3 of 11DOC TD t; Rae 70 1 1 Borrower shali prompily discharge any lien which hus priority over thix rwpting to the payment of the ubligation secured by the Tien is a a performing such agreement: (b) contests the lien ir good frth by, or defends forcement oF - legal progeediags ishictt in Genders opinion aperie tt prevent the enforcement of the hen while thse pruceedings ate pending, but only until such are vaticlusded: of (c) secures finer the holder af the Tien an agreement satistactory lo Lender sebordinating the Tien & this Security fnsirument. If Lender determines that aay part of the Property is subject to a fien which ewn attain privrity over tins Security Insitunent, Lendyr may give Horrawer a notiee identifying the hen. Within 10 days of the date on vdhicl thal notice is given, Bustawer shall satisfy the lien or take ase ar mare of the actions sei forth above int this Seetson © Leades may require Bonpwer to pay a one-time charge fur a real estate tay verilieation anckor reparting service used hy Lender in connvetionn with this Los, 5. Property Insurance, Burrewer lull Keep the tmpcavements now existing oF hereafter eiveted on the Property insured ayzinst loss by fire, hazards included withia the ieim “extended covernge,” aad any other hazards including, but not iumsied i, rfxpakes and Hoods, for which Lender requires insurance, This insurance shalt he nudiitained in the smounts Gineludue deductibie levels) and far the periods that Leader requites, What £4 Si 1 to the preceding sentences ean ehumge luting the tenin of the Lent, The insurance cartier providing the insurance 8 wen by Dosrrower subject to Lendee’s Tight te disupprve Barvower's choice, which right shall nol be eacreised unreasonably. Lender may reguire Borrower lo pay. in connection wth this Laan, either: Ga) a one-time charge for food une desesninat ny services; a (b) a one-time charge for food vone deiermnination and cortification serviees aad subseyuens charges each tinw remappings of sintilsr changes wou which reasonably might affect such dstennination or certification. Harnawe shall is he responsible for the payinsnt of way ct by the Federal Emerge of any flued gone deterni tesutting fant an ebjection by Burnnwer UW Borrower fails to maimain amy af the coverages deswsibed above, Lender may bla it ceurity instrument unless unower: (4) agrees 1m wwe cuverage, at Lender's aptian aunt OF coverage, Therefore, Pupory, aia any sks Raza bi ad engin prove ee ethan wats previausly i ebieet. Bornawer know ledges On the ost of dy surance coverage x0 ohtfing Hugh Ngalfieany exec the cost aura that rower could have gbtained. Any amoupls disbursed by Lender gaer Uris Suvtion 5 shall became additional debt of Borrower secured by his Security instrament, These amounts shalt bar inlerest af the Note rate from the date ef disbursement and shal be payable, ‘sith such interest, upon notice Fosn Leader ns Harrower requesting payistent, All insurance policves required by Lenser und renewals of such policies shall be subject to Lender's night to disapprove such policies, shall anclide a standérd maoetgage claune, and shal! name Lender as morygayee anlar ay an addiianal toss payee, Lender shall have the right t hold tke policies and renewat eornticates reypires, Bortaweer shall promptly give we Lender al receipts uf paid premiums and renewal notices. If Horewer vba finn of insurance not otherwise reyuined by Londler for daniage «0, oF destruction af, the Property. stich policy shail include jause anid stall naaie Lemter norlyaytee sand as om additianal toss pay ce. Inthe event ab loss. Barrower shill give promps notige to the insurance eistigr and Lender, Lender may nike proof at toss af nice proveeds. whether or Ht mvferlying insurance wie required by Lender. shall be applied to restoration oF repair of the Property, iF the restoration a1 ait ts ecutumicatly feasible ad Lencka’s sceurily i nat lessened. During such repair and restoration period, Lender shall hits Ihe Fight to hold such insurmce procevtts wins { eneler has had an opportunity to inspect such Property te ensure the work fats been -d to Lender's satisfaction, provided that such inspection still be undertaken promptly, Lender any: disburse proceeds for 1s and texioration jit single payment ae in a series oF prugress payments as the work is competed Cless a agever made in writing or Applicable Law reqtires unierest 10 be poi an such inswwance pravesds, Lender shi nut be sexqmted «0 pay Boreowet any interest or eamings on such proceeds. Fees for publie udjusiers, or other inl parties, retained hy Borrower shalt not be patid out uf the insurance proceeds and stall be the sole ubligatiee of Barrower, IF tbe testarution or repair is not economically feasible ur Londer'y security would be lessened, the inwmamee praceeds shall be applied wo the sits secured hy dhiy Seewsy Instermenl, whether or nat thya dite. with che exvess, iP any, paid lo Boruwer, Such iisurance proceeds shall he applied i the ponder provided fern Section 2 {Borrower abandons the Properly, Louder sii fie, uegutiaty aad settle any available insuance clan and relsied muitets. Borrower dees not respond within 30 clays to a mutice fron Hensler that the insornice earier hits oltered s@ seule a slaian, chem Lender may negotiate and scttle the chains The 10-day peciod will begin when the notice is given. th either event, or if Lender res the Property ander Section 22 ar waberwise, Honuwer hereby assigas to Lender (aj Borrower's tights to ary insurance proceeds in an umount nat fo exceed Die anaes uinpad under the Nowe ae this Sevunty Instrument, and (b) any offer of rowey's rigins (other than the sight to any refund of uncamed preniusns paid by Borrower) under all insursnes plicses ceovecing the Property, insofas ax such sips are appheahle to the cavetage of the Properly. Lender may use the mstitinee proces citer ta sepan or restore the Property or ta pay amounts uopid under the Note or Gis Security Instrament, whether or not then rot nuady prompily by Uorresver. Unless Lendcr and fonewer atherwine agree an wit the We 6 Oceupaney, Hunuaver shall aecupy. establish, atid we the Pruperty as Horrower’s principal residence within ott aller the executui oF Us Secury Instrument and shall untinue to occupy the Pruperty as Borsower’s principal residetice for at lenst ane yer after the date of occupancy. eiless Letler otherwise agrees in writing. whiel coment shall pet be ungeasonsty bheld, ov uuless & ing circumstances e ist which ate beyond Bonowers contrat 1. Preservation, Maintenance and Protection of the Property: Inspections, Hostawer shail ai destroy, thinmge ot inmpair the Property, allow the Property to deteriorate oF commit w sie an the Property. Whether wf not Hertower is resis tke Propedty, Boriutver stall nanan ihe Property io order te prevent the Maoperty from sleteriorating ar decreasing an vilue due ts ies condition, Unless it is detemuped pursuant ly Section $ that repair or restevalion is aol economically feasible, Burtawer shall mrouplly repair the Property if darmaged tw avoid Cunther deterioration of damage. I iusurice or conderimation proc pout 4s connection with damage #0, oF the taking of, the Properly, Borrower shall be respunsibte for repairing, or resteniigy the Papert only af Louder fas relesised provevds for such purpases, Lander nay disburse proceeds for the Yepatity ind cestonation in a single FLORIOA-Singin Family--Fannig Mae/Fraddio Mac UNIFORM INSTRUMENT Form 3010 01 Monguuu-Ft, 2006--FL 196251) Page 4 of 10 Book5552/Page1852 CFN#2011073964 Page 4 of 11boc 1D ft: Mtmmanammewesg 721 + payntent oF in a series of proysess payments ss the work ts comple! ‘or condlermiion proceeds are nut suff fe remait oF restore tke Ptoper, Barrower is sot relieeed of Hotower's obligation for the completian af such repair or restoration ‘Loner or ils agent mary make reasonabte enines upan and inspectians af the Property, [at has reasonable enuse, Lemler inay inspect the iniersor oF the tinpravenients on the Property. Letiler shall give Bonower notice at the tine of oF prior te seh om interior inspection specifying such eesanable vanse. ¥. Borrower's Loan Applicatiug, Buxwwer shall be in detinult if, during the Loan applivation process, Bortuyer or ity persons or eatlies acting at dhe direction wf Rusrower ot with Horrower's knowledge oF conven! gave raterialy Halse, omishen ig pr inaceutate infarmation oF statements io Lever Cor failed to provide Lender wih materiat information) in connection wilh he “Logh. Matetial representations inclu, but are nol fined ta, representations concerning Hoerower’s accupaney oF the Property ts Borrower's principal residence. 9, Pratection of Lender's Interest In the Property and Rights Under this Seeurity Hastrument 17 (a) Borrower Fails pesfonn the covenants and agreements contained! 1n this Security lstrument, ch these isa Kegal proveeding that alight significantly ifeet Lender's avterest in the Property andr rights under sis Secustty Insirament (such ay a proceedings in bankruptey.