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Filing # 98757812 E-Filed 11/12/2019 04:01:55 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL DIVISION
TIAA FSB Case #:
Plaintiff,
-Vs.-
David G. Beltzer; et al.
Defendant(s).
NOTICE OF FILING
PLAINTIFF, TIAA FSB, hereby gives Notice of Filing of: Certification of Possession
of Original Note.
onthis 1A day o Novein bere zo
*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: SFGService@logs.com*
SHAPIRO, FISHMAN & GACHE, LLP
Attorneys for Plaintiff
4630 Woodland Corporate Blvd., Ste 100
Tampa, FL 33614
Telephone: (813) 880-8888 Ext. 5122
Fax: (813) 388
ice Only: SFGService@logs.com
quiries: apaye@logs.com
fon
Pursuant to the Fair Debt Collections Practices Act, yo oa office may be
deemed a debt collector and any information obtained may be used for that purpose.
FL Bar # 89337
19-321823 FCO1 AMC
Electronically Filed Marion Case # 19CA002485AX 11/12/2019 04:01:55 PMProperty Address: 316 Oak Lane Pass, Ocala, FL 34472
Note Signer: David G. Beltzer
CERTIFICATION OF POSSESSION OF ORIGINAL NOTE
The undersigned hereby certifies:
1. That plaintiff is in possession of the original promissory note upon which this action is
brought.
2. The location of the original promissory note is: 2424 North Federal Highway, Suite 360, Boca
Raton, FL 33431
3. The name and title of the person giving the certification is; Catherine Watson, Original
Document Custodian.
4, The name of the person who personally verified such possession is: Catherine Watson.
5. The time and date on which passession was verified were:
¢ AM.
. 2019
6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or
assignments of the note) are attached to this certification.
7. I give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of
Original Note and that the facts stated in it are true. ”
Ex d on f 2019
Catherine Watson
Original Document Custodian
Shapiro, Fishman & Gaché, LLP
19-321823 FCO] AMCi. 4
LOAN #; mmm 3.470
NOTE
SULY 19, 2012 OCALA FLORIDA
[Dae Ici) {State}
"316 OAK LANE PASS, OCALA, FL 34472-9340
[Propeny Address]
1, BORROWER'S PROMISE TO PAY
In retum for a oan that T have received, | promise to pay U.S, $69, 100.00 (this amount is called "Prineipat"),
plus interest, to the order of the Lender. The Lender is
BANK OF AMERICA, NLA.
Twill make all payments under this Note in the form of cash, check or moncy order.
J understand that the Lender nay Iransfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to
teceive payments under this Note is called the "Note Holder.”
2. INTEREST
Intetest will be charged on unpaid pr
of 5.378%,
The interest rate required by this Section 2 is the rate I will pay both before and afer any default described in Section 6(B)
Note.
cipal wtil the full amount of Principal has been paid. | will pay interest at a yearly rate
of
3 PAYMENTS
(A). Time and Place of Payments
Twill pay principal and interest by making o payment every month.
Twill make my monthly payment on the FIRST day of cach month beginning on SEPTEMBER 01, 2012
{will make these payments every month until | have paid all of the principal and interest and any other charges described below that |
may owe under this Note. Each monthly payment will be applied as of its scheduled due dute and will be applied to interest betore
Principal. fon AUGUST 02, 2036, 1 sul owe amounts under this Note, {will pay those amounts in full on that date, which
is called the "Maturity Date."
Iwill make my monthly payments at
P.O. Box 650070, Dallas, TX 75265-0070
or at a different place if required by the Note Holder,
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $419.29
4. BORROWER'S RIGHT TO PREPAY
Thave the right to make paysents of Principal at any time before they are due, A payment of Prine
“Prepaysyent.” When { make @ Prepayment, f will tell the Note Holier in writing that T an doing so. T may not d
4 Propayment if | have not made all the monthly paysnents dve under the Note,
Uinay make a full Prepayment or partial Picpayments without paying a Prepayment charge. The Note Holder will use my
Prepayments t0 reduce the umount of Principal that 1 owe under this Note, However, the Note Holder may apply my Prepayment to
the acerued and unpaid interest on the Prepayment amount, before applying my Prepaynrent to reduce the Principal amount of the
Nove. If 1 make partial Propayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those chanyes.
1 only is known as a
signate a payment as
5, LOAN CHARGES
Tha law, which applies to this loan and which sets maximum foan charges, is finally interpreted so that the interest or other foan
charges collected or to be collected in connection with this loan execed the permitted limits, then: {a) any such loan charge shall be
reduced by the amount necessary 10 reduce Ue charge to the permitted limit; and (b) any sums already collected fiom me which
exceeded permitted limits will be refunded to me, ‘The Note Holder may choose to make this vefund by reducing the Principal | owe
under this Note or by making a direct paymweat to me. If a refund seduces Principal, the reduction will be treated as a partial
Prepayment
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
IF the Note Holder tras not received the full amount of any monthly payment by the end of FIFTEEN calendar
days afier the daic it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of
mny overdue payment of principal and interest. { will pay this late charge promptly but only once on each late payment,
(B) Default
{f1 do not pay the fill amount of each monthly payment on the date it is due, | will be in default.
(C) Notice of Default
INT am in default, the Note Holder ma
date, the Note Holder may require me 10 pay immediately the fl amount of Principal which has no! been paid and all the interest tat
Towe on that amount. That date musi be at feast 30 days afier the date on whieh the notice is mailed to me or delivered by other
means,
send me a written notice telling me that if T do not pay the overdue amount by a certain
FLORIDA FIXED RATE NOTE--Single Family--Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Form 3210 1101
Fixed Rate Note-FL
2O0SK-FL (O5/08KO/) Page 1 of 2LOAN + NS 470
(D)_No Waiver By Note Holder
Even if, at atime when | am in default, the Note Holder does noi require me to pay immediately in full as described ubove, the
Note Holder will still have the right to do so if | am in defauk at a later time.
(E) Payment of Note Holder's Costs and Expenses
Ifthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid
back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses
incude, for example, reasonable attomeys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given (o me under this Note will be given by
delivering it or by mnaiting i by first class mait to me at the Property Address above or at a different address if I give the Note Holder a
notice of my different address.
Any notice that must be given to the Note Holder under this Note wit! be given by delivering it or by mailing it by first lass nail
to the Note Holder at the aildress stated in Section 3(A) above or at a different address if | ain given a notice of that different address,
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If 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 full amount owed. Any person who is a guaraitor, surety or endorser of this Note is also
obligated 10 do these things. Any person who takes over these obligations, including the obligations of a gueranior, surety or endorser
of this Note, is also obligated to Keep all of the promises made in this Note, The Note Holder may enforee is rights under this Note
against cuch person individually or against all of us togethicr. This means that any one of us may be required to pay all of the amounts,
owed under this Note,
9. WAIVERS
T and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor
“Presentment” means the right lo require the Note Holder to demand paynient of amounts duc. "Notice of Dishonor" means the right
to requite the Note Holder to give notice to other persons that amounts due have not been paid,
10. UNIFORM SECURED NOTE
This Note is a uniform instrumcut with limited variations in some jurisdictions. tn addition to the protections given to the Nowe
Holder under this Note, a Mortgage, Deed of Trust, of Security Deed (the "Security Instrument"), dated the same date as this Note,
protecis the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note. That
Security Instrument describes how and under what conditions | may be required to make immediate payment in Full of all amounts
Towe under this Note. Some of those conditions are described as follows:
fall or any part of the Property or any fnterest in the Property is sold or tansteived (or if Borrower is not
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Leuder may requite immediate payment in full ofall sums secured by this Security Instrument, However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
Tf Lender exercises «his option, Lender shall give Borrower 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
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies pennitied by this Security Instrument without further
notice or demand on Borrower.
11, DOCUMENTARY TAX
‘The state documentary tax due on this Note las been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
= (eB AFEO (Sal)
DAVID G. BELTZER -Borrower
—- __ (Seal)
PAY TO THE ORDER OF Borrower
WITHOUT RECOURSE (Sea!)
OF AMERICA, N.A. Sn =, Se)
BY,
Astistant Vite Preaidesit a se
“Borrower
[Sign Original Only
FLORIDA FIXED RATE NOTE-Singie Family.-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01
Fixed Rate Note-FL
2005N-FL (09/08) Page 20f2
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Filing # 98757812 E-Filed 11/12/2019 04:01:55 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA CIVIL DIVISION TIAA FSB Case #: Plaintiff, -Vs.- David G. Beltzer; et al. Defendant(s). NOTICE OF FILING PLAINTIFF, TIAA FSB, hereby gives Notice of Filing of: Certification of Possession of Original Note. onthis 1A day o Novein bere zo *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: SFGService@logs.com* SHAPIRO, FISHMAN & GACHE, LLP Attorneys for Plaintiff 4630 Woodland Corporate Blvd., Ste 100 Tampa, FL 33614 Telephone: (813) 880-8888 Ext. 5122 Fax: (813) 388 ice Only: SFGService@logs.com quiries: apaye@logs.com fon Pursuant to the Fair Debt Collections Practices Act, yo oa office may be deemed a debt collector and any information obtained may be used for that purpose. FL Bar # 89337 19-321823 FCO1 AMC Electronically Filed Marion Case # 19CA002485AX 11/12/2019 04:01:55 PMProperty Address: 316 Oak Lane Pass, Ocala, FL 34472 Note Signer: David G. Beltzer CERTIFICATION OF POSSESSION OF ORIGINAL NOTE The undersigned hereby certifies: 1. That plaintiff is in possession of the original promissory note upon which this action is brought. 2. The location of the original promissory note is: 2424 North Federal Highway, Suite 360, Boca Raton, FL 33431 3. The name and title of the person giving the certification is; Catherine Watson, Original Document Custodian. 4, The name of the person who personally verified such possession is: Catherine Watson. 5. The time and date on which passession was verified were: ¢ AM. . 2019 6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification. 7. I give this statement based on my personal knowledge. Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true. ” Ex d on f 2019 Catherine Watson Original Document Custodian Shapiro, Fishman & Gaché, LLP 19-321823 FCO] AMCi. 4 LOAN #; mmm 3.470 NOTE SULY 19, 2012 OCALA FLORIDA [Dae Ici) {State} "316 OAK LANE PASS, OCALA, FL 34472-9340 [Propeny Address] 1, BORROWER'S PROMISE TO PAY In retum for a oan that T have received, | promise to pay U.S, $69, 100.00 (this amount is called "Prineipat"), plus interest, to the order of the Lender. The Lender is BANK OF AMERICA, NLA. Twill make all payments under this Note in the form of cash, check or moncy order. J understand that the Lender nay Iransfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to teceive payments under this Note is called the "Note Holder.” 2. INTEREST Intetest will be charged on unpaid pr of 5.378%, The interest rate required by this Section 2 is the rate I will pay both before and afer any default described in Section 6(B) Note. cipal wtil the full amount of Principal has been paid. | will pay interest at a yearly rate of 3 PAYMENTS (A). Time and Place of Payments Twill pay principal and interest by making o payment every month. Twill make my monthly payment on the FIRST day of cach month beginning on SEPTEMBER 01, 2012 {will make these payments every month until | have paid all of the principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due dute and will be applied to interest betore Principal. fon AUGUST 02, 2036, 1 sul owe amounts under this Note, {will pay those amounts in full on that date, which is called the "Maturity Date." Iwill make my monthly payments at P.O. Box 650070, Dallas, TX 75265-0070 or at a different place if required by the Note Holder, (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $419.29 4. BORROWER'S RIGHT TO PREPAY Thave the right to make paysents of Principal at any time before they are due, A payment of Prine “Prepaysyent.” When { make @ Prepayment, f will tell the Note Holier in writing that T an doing so. T may not d 4 Propayment if | have not made all the monthly paysnents dve under the Note, Uinay make a full Prepayment or partial Picpayments without paying a Prepayment charge. The Note Holder will use my Prepayments t0 reduce the umount of Principal that 1 owe under this Note, However, the Note Holder may apply my Prepayment to the acerued and unpaid interest on the Prepayment amount, before applying my Prepaynrent to reduce the Principal amount of the Nove. If 1 make partial Propayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those chanyes. 1 only is known as a signate a payment as 5, LOAN CHARGES Tha law, which applies to this loan and which sets maximum foan charges, is finally interpreted so that the interest or other foan charges collected or to be collected in connection with this loan execed the permitted limits, then: {a) any such loan charge shall be reduced by the amount necessary 10 reduce Ue charge to the permitted limit; and (b) any sums already collected fiom me which exceeded permitted limits will be refunded to me, ‘The Note Holder may choose to make this vefund by reducing the Principal | owe under this Note or by making a direct paymweat to me. If a refund seduces Principal, the reduction will be treated as a partial Prepayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments IF the Note Holder tras not received the full amount of any monthly payment by the end of FIFTEEN calendar days afier the daic it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of mny overdue payment of principal and interest. { will pay this late charge promptly but only once on each late payment, (B) Default {f1 do not pay the fill amount of each monthly payment on the date it is due, | will be in default. (C) Notice of Default INT am in default, the Note Holder ma date, the Note Holder may require me 10 pay immediately the fl amount of Principal which has no! been paid and all the interest tat Towe on that amount. That date musi be at feast 30 days afier the date on whieh the notice is mailed to me or delivered by other means, send me a written notice telling me that if T do not pay the overdue amount by a certain FLORIDA FIXED RATE NOTE--Single Family--Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Form 3210 1101 Fixed Rate Note-FL 2O0SK-FL (O5/08KO/) Page 1 of 2LOAN + NS 470 (D)_No Waiver By Note Holder Even if, at atime when | am in default, the Note Holder does noi require me to pay immediately in full as described ubove, the Note Holder will still have the right to do so if | am in defauk at a later time. (E) Payment of Note Holder's Costs and Expenses Ifthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses incude, for example, reasonable attomeys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given (o me under this Note will be given by delivering it or by mnaiting i by first class mait to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note wit! be given by delivering it or by mailing it by first lass nail to the Note Holder at the aildress stated in Section 3(A) above or at a different address if | ain given a notice of that different address, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If 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 full amount owed. Any person who is a guaraitor, surety or endorser of this Note is also obligated 10 do these things. Any person who takes over these obligations, including the obligations of a gueranior, surety or endorser of this Note, is also obligated to Keep all of the promises made in this Note, The Note Holder may enforee is rights under this Note against cuch person individually or against all of us togethicr. This means that any one of us may be required to pay all of the amounts, owed under this Note, 9. WAIVERS T and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor “Presentment” means the right lo require the Note Holder to demand paynient of amounts duc. "Notice of Dishonor" means the right to requite the Note Holder to give notice to other persons that amounts due have not been paid, 10. UNIFORM SECURED NOTE This Note is a uniform instrumcut with limited variations in some jurisdictions. tn addition to the protections given to the Nowe Holder under this Note, a Mortgage, Deed of Trust, of Security Deed (the "Security Instrument"), dated the same date as this Note, protecis the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in Full of all amounts Towe under this Note. Some of those conditions are described as follows: fall or any part of the Property or any fnterest in the Property is sold or tansteived (or if Borrower is not natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Leuder may requite immediate payment in full ofall sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Tf Lender exercises «his option, Lender shall give Borrower 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 Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitied by this Security Instrument without further notice or demand on Borrower. 11, DOCUMENTARY TAX ‘The state documentary tax due on this Note las been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. = (eB AFEO (Sal) DAVID G. BELTZER -Borrower —- __ (Seal) PAY TO THE ORDER OF Borrower WITHOUT RECOURSE (Sea!) OF AMERICA, N.A. Sn =, Se) BY, Astistant Vite Preaidesit a se “Borrower [Sign Original Only FLORIDA FIXED RATE NOTE-Singie Family.-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01 Fixed Rate Note-FL 2005N-FL (09/08) Page 20f2