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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; Unknown Spouse of David
G. Beltzer; Bank of America, N.A.; 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).
VERIFIED COMPLAINT TO FORECLOSE MORTGAGE
Plaintiff, TLAA 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 executed and delivered a Promissory Note (“Note”)
dated July 19, 2011 and David G. Beltzer 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
Electronically Filed Marion Case # 19CA002485AX 11/12/2019 04:01:55 PMmortgagor(s). True and correct copies of said Note and Mortgage, are attached hereto as Exhibit
"A" and Exhibit "B" respectively.
3. Plaintiff is in possession of the original note through its counsel, which is in
physical possession of the note on behalf of the Plaintiff.
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. Defendant, David G. Beltzer, is the current owner 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. Defendant who may be held personally liable for a deficiency, if any, is the
notemaker, David G. Beltzer, unless any of such Defendant have been discharged in bankruptcy
in which event no deficiency is or will be sought.
10. 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.11. Plaintiff is obligated to pay plaintiff's attorney a reasonable fee for their services
and seeks an award of attomey’s fees. Plaintiff is entitled to recover its attorneys’ fees under the
Note and Mortgage.
12. That the Defendant, Unknown Spouse of David G. Beltzer, might have some
claim or demand in the subject property by virtue of 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, 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 on 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.
14. That the Defendant, 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 might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.
15. That the Defendant, Unknown Parties in Possession #2, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) whoare not known to be dead or alive, whether said Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs and for
attomeys’ 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 all 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
(This space intentionally left blank)deficiency is sought; and, (e) for such other and further relief as the court may deem just and
proper.
VERIFICATION OF COMPLAINT.
Under penalty of perjury, I declare that I have read the foregoing Complaint to Foreclose
Mortgage, and the facts alleged therein are true and correct to the best of my knowledge and
belief.
by. “blow © plActelen —
Name: lana ©.
Title: Assistant Vice President
TIAA FSB
Date:_NO! \ é
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiffs counsel
hereby designates its primary email address for the purposes of
email service as: SFGService@logs.com*
SHAPIRO, FISHMAN & GACHE, LLP
Attomeys for Plaintiff
4630 Woodland Corporate Blvd., Ste 100
Tampa, FL 33614
Telephone: (813) 880-8888 Ext. 5122
Fax: (813) 880-8800
FL Bar # 89337
Pursuant to the Fair Debt Collections Practices Act, youka
deemed a debt collector and any information obtained may beuséd for that purpose.
19-321823 FCO] AMCExhibit
APrepared by: NATHALIE CONTRERAS
LOAN #: 3470
NOTE
JULY 19, 2011 OCALA FLORIDA
(ba {Ci} (State)
“316 OAK LANE PASS, OCALA, FL 34472-9340
{Property Audress)
1, BORROWER'S PROMISE TO PAY
In return for a town that I have received, | promise to pay U.S. $69,100.00 (this aniount is called “Principat"),
plus interest, to the order of the Lender. The Lender is
BANK OF AMERICA, N.A.
1 will make all payments under this Note in the form of cash, check or money order.
Junderstand that the Lender may transfer this Note. The Lender or anyone who takes thiy Note by transfer and who is entitled to
teceive payments under this Note is called the "Note Holder."
2, INTEREST
Interest will be charged on unpaid prineipal until the full amount of Principal has been paid. | will pay interest at a yearly rate
of §.375%.
The interest rate required by this Section 2 is the rate T will pay both before and after any default described in Section 6(B)
of this Note
3. PAYMENTS
(A). Time and Place of Payments
will pay principal and interest by making a payment every month.
1 will make my monthly payment on the FIRST day of cach month beginning on SEPTEMBER 01, 2021 .
1 will make these paymienis every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to imerest betore
Principal. Ifjon AUGUST 02, 2036 I still owe amiounts under this Note, I will pay those amounts in full on that date, which
is called the "Maturity Date.”
Twill make my monthly payments at
P.O. Box 650070, Dallas, TX 75265-0070
oF at a different place if required by the Note Holder,
(B) Amount of Monthly Payments
My monthly payment wil! be in the amount of U.S, $419.19
4, BORROWER'S RIGHT TO PREPAY
Thave the right to make payments of Principal at any time before they are due, A payment of Principal only is known as a
“Prepayment.” When | make a Prepayment, { will tell the Note Hokier in writing that Twn doing so. | may not designate 9 payment as,
4 Prepayment if have not made all the monthly payments due under the Note
Linay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the umount of Principal tat 1 owe under this Note, However, the Nove Holder may apply my Prepayment to
the acerued and unpaid interest on the Prepaynient amount, before applying my Prepayment to reduce the Principal amount of the
Note. If 1 make a partial Prepayment, 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 changes.
5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum toan charges, is finally interpreted so that the interest or other loan
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 to reduce the charge to the permitied limit; and (b) any sums already collected from me which
exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal | owe
under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial
Prepayment. p
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A). Late Charge for Overdue Payments
If the Note Holder thas not received the full amount of any monthly payment by the end of FIFTEEN calendar
days atter the date it is duc, Twill pay late charge to the Note Holder, The amount of the charge will be 5,000 % of
ny overdue payment of principal and interest. | will pay this late charge promptly but only once on cach late payment.
(B) Default
IFT do not pay the full amount of each monthly payment on the date itis due, 1 will be in default
(C) Notice of Default
If Lam in default, te Note Holder may send me a written notice telling me that if T do not pay the overdue amount by # certain
date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the intevest that
T owe 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
aeans
FLORIDA FIXED RATE NOTE--Sing'e Family-Fannle Mae/Freddie Nac UNIFORM INSTRUMENT Form 3210 101
Fixed Rate Nole-FL
2OO5N-FL (09/08\a/) Page tol 2LOAN #: M470
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder docs not require me to pay immediately in full as described ubove, the
Note Holder wil still have the right to do so iT am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the 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
include, for example, reasonable attorneys’ (ees.
7. GIVING OF NOTICES
Unless applicable aw requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by First class mail 10 me at the Property Address above or at a different address if I give the Note Holder a
notice of my different uddress.
Any notice that must be given to the Note Holder under this Note will be given by delivering it ar by mailing it by first class nail
to the Note Holder at the addiess stated in Section 3(A) above or at a different address if | am given « notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER TIIIS NOTE.
If more than one person sigas this Note, each 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 # guarmitor, surely or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser
of this Note, is also obligated 10 keep all of the promiscs miade in this Note. The Note Holder may enforce its rights under this Note
against euch person individually or against all of us together. This means thal any onc of us omy be required (o pay all of the amounts
owed under this Note.
9. WAIVERS
T and any other person who has obligations under iis Note waive the rights of Pr
“Presentment means the right to require the Note Holder to demand payment of amounts due, ”
to requite the Note Hoider to give notice to other persons that amounts duc have not been paid.
eveniment and Notice of Dishonor.
lolice uf Dishonor" means the right
10, UNIFORM SECURED NOTE
This Note is a uniform instrument with linited variations in some jurisdictions. In addition to the protections given to the Note
Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the sume date as this Note,
protects the Notc Holder from possibie losses which might result if 1 do not keep the promises which | make in this Note. That
Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts
Towe under this Note. Some of those conditions are described as follows:
Wall or any pact of the Property or any Interest in the Property is sold or transferred (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 require 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 this option, Lender shall give Borrower notice of acceleration. The notice shali 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 pecmitied by this Security Instrument without further
notice or demand on Borrower,
11, DOCUMENTARY TAX
The state documentary tax due on this Note lias been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED,
DAVID G. BELTZER ~Borrower
PAY TO THE ORDER OF
WITHOUT RECOURSE
OF AMERICA, NA.
BY,
‘Ascant Viee President (Seal)
“Borrower
[Sign Original Only}
FLORIDA FIXED RATE NOTE-Singie Fairily~Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 3/01
Fixed Rate Note-FL
2005N-FL (09/08) Page 2 of 2Exhibit
BThis document sway prepared by
ATHALIE. CONTRERAS
MK OF ANER Nea
2a e cus ERK OF COURT MARION COUNTY
DATE: 08/08/2011 12:46:55 PM
FILE #: 2011073964 OR BK 05552 PGS 1849-1859
REC 95.00 MTG DS 241.85 INT 138.20 ~YK
cL ISieace Steve ns Line Far Reco
wm ce O —
rg Data) =
Bacrow/Chowina 1 tooe 46
When Recorded Retum To:
Indecomm Global Services ‘GC. 7
2925 Country Drive — & MORTGAGE
St. Paul, MN 55117 a
Record (St
7194071901
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, HEX, 1S, 20 and
21 Certain rules regarding the usage of words used it this document ig also provided in Section 16.
“Security Lnstrument™ means this document, which iy dated JULY 19, 207% together wal alt Riders this
(BY "Borrower" is
DAVID GO BRLTR:
Hortower is the mortyuger under this Security Jasirument
(CG) "Lender" is
BANK OF AMPRYCA, NA
fonler is a NATIONAL ASSOCIATION erganized anit
jaws ol THE UNTTED STATES
existing unde
her's aultress 1s
mtn Tryon Steet, Charlotre, ue 78285
Louder iste mnortgaes under this Security Instrument
{D) "Note" meuns the promissory nate signed by Borrower and dated JULY 19, 2071 The Note sues ths
Borrower owes Lender
SIXTY NINB THOUSAND ONR HUNDRED and 00/100
Doilars (US See
Pay the debt in full not later than AUGUST 91, 2046
AE) "Property" means the properly that is described below undey the heading "Transfer of Rights ia the Property.”
AF) “Loan means the debt eviclenced by the Note, plus iierest. amy prepayment charges and late eharyes due under the Note
anid all sums due under this Security dustrument, plus interest
(G) “Riders” rcans all Ridets 10 this Security Instcument that are excuted by Bortower. The following Riders are to be
executed by Borrower [check hoy as applicable}
10.00 J plus interest, Hotrower has promised to pay this debi in regular Peviewdic Payanenss and se
[Adjustable Rate Rider (Condominium Rider [J Second Home Rider
(2 Balloon Rider (2 Phamicd Unit Developnient Riker] 14 Family Rider
GVA Rider CE Biweekly Payinent Rider CO) Omhests) fspecily |
FLORIDA. Sing'o Family. Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Form 3010 1/05
Mocgage-Ft
2006--FL (08:4 }i89) Page tof 10
Book5552/Page1849 CFN#2011073964 Page 1 of 111) |: a 2
(H) “Applicable Law" means all controlling applicable federal, state and focal st
administrative rules and orders (that hive the effect of lave) as well as all applicable final, non-appeslable judicial opinions
(D "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and ather charges that are
inposed on Borrower or the Property hy a condominium association, homeowners association of similar organization,
(J) “Electronic Funds Transfer” meany any transfer of funds, other than a tansaction originated by check, dratt, or sinter
paper instrument, which is initiated trough an efectronie terminal, telephonic instrument, computer, oF magneliv {ape So as 10
order, insttuct, or authorize i financial mstitution to debit or credit am account. Such tern ineludks, but is not limited 10, point-ot
sale transfers, automated teller machine transactions, transfers initiated by telephone, wire translers, and automated clearinghouse
trartsfers
(&)Eserow Items” means those items that we described in Section 3.
(L) "Miscellaneous Proceeds" means way compensation, settlement, award of damages, or proceeds paid by any third party
(other than insurance proceeds paid under the coverages desvribed in Section 8) for; (i) damage lo, o destruction of, the Property
(ii) condemnation or other taking of all or any part of the Property: (ii) conveyance in fica of condemnation: oF
(0x) mistepresentations of, or omissions as to, the value andior condition af ike Property.
(SD "Mortgage Insuranee” meany insurance protecting Lender against the nonpayment af, or def
(N). “Periodic Payment" means the regularly scheduled amount due fur () principal and inten
amounts uncer Section 3 of this Security Insirument
(0) “RESPA" cans the Real Fstote Settlement Procedures Act (12 U.S.C. Section 2601 et seq) and its implementing
regulation, Regulation X (24 CER. Part 3500), as they might be amended from time 10 time, oF any additional or successor
epistition oF regulation that govemy the same subject matter, Ay used in this Security Instrument, “RESPA" refers 10 all
ments and restrietions that ave inposed in regard to a “federally related mortgage loan even if tke Loan does not quality as
lated mortgage loan” under RESPA
(P) "Successor in Interest of Borrower” means any party that hay takew title to the Property, whether or not that party: has
assumed Borrower's obligations under the Note andor this Security Instrument
ren, the Loan,
under the Note, plus (ii) any
TRANSFER OF RIGHTS IN THE PROPERTY,
This Security Instrument secures to Lender: (i) the repayment of the Hoan, and all renewals, extensions and modifications of the
Note: ancl (ii) the performance of Borrower's covenants und agreements under this Security Instrument and the Note. Por this
purpose, Burrawer docs hereby mortgage. grant and convey lo Lender, the following described property located 1 the
COUNTY of MARTON,
Lyne of Reswudin wi [Name ot Recording Jusiatict]
AY RUTACHRD HERETO AND MADE A PA
Parcel 1D Number: R9028 0859-08 which currently hay the atklress at
316 OAK LANE PASS, OCALA .
Suweriyt
Hlotida 34472-9346 (Property Address")
HAP Caxic}
TOGETHER WITH all the improvements now or hereafler erected on the property. and all easements, appurtenances, ad
fixtures now of hereatier a past of the propetty. Ail replacements and additions shall also be covered by thiy Security Instrunsent
All of tite foregoing is referred to an this Secuily Instrument as the “Property.”
BORROWER COVENANTS that Borrower is lawfully seised of the estat
grant and oavey the Propenly and that the Property is unencumbered, except for encumbrances af record. Borrower warrants i
ill defend generally the tile (o the Property against all clams and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
Variations by jurisiict L covering real property
hereby conveyed and fas the night to mortgage,
1 to constitute @ uniform secusity instume
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and
ue the principal of, and interest on, the debt evidenced hy the Note and any prepayment charges and late charges due uitder the
Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security
cunency. However, iFany cheek oF of ler as payment under the
ty Leader unpaid, Lender may sequire that any ar all subsequent payments due under
the Note and this Secunty Instrument be made mone oF more af the following forms, as selected by Lender: (a) cash, (b) money
onder: (€) cestified check, bank clievk, treasurer's check ot cashier's check, provided aay such check is drawn upon an institution
whose deposits are insured by a federal agency, instrumemality, ox entity: or (d) Flevironie Funds Transfer.
ate Charges. Borrower shall pay when
ent received hy Ler
Jastrument shall be urade a 1
Note of thts Security Insuument is returned
FLORIDA.-Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Mortgage-FL
2008 FL (OBIT) Page 2af t0
Book5552/Page1850 CFN#2011073964 Page 2 of 11boc 1 5) MVM S21
jon designated in the Note or at such other location as
Payments are deemed received by Lender when received st th
may be designated by Lender in accordance with the ootice provisions i Section 1S. Lender may relury any payntent of partial
payment if the payment or partial payments c the Loan current, Leader mi pL any payment or partial
Payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice 1 its riphis to refuse such
Payment oF partial payments in the finure, bul Lender is not obligated 10 apply such payments at the time such payniems are
accepted. IF cach Periodic Payment is applied as of its schedulect due date, then Lender necd not pay interest un unapplied funds
Lender my hold such anapplied funds until Borrower makes payment to bring the Loan current, Hf Borrower does not do so within
a reasonable period of time, Lender shall either apply such fends of cetarn them lo Borrower. If not applicd earlier, such funds will
he spplied to the outstanding principal balance under the Note immediately prior to foreclosure, No offset or clans whieh
Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and
this Security tnstrument oF performing the covcnants and agreements sceused by this Security Instrument
2. Application of Payments or Proceeds. Excep! ay otherwise described in thiy Section 2, all paynients accepted sane
applied by Lender shall be applied ia the following order of priority: (a) uvterest dice under the Note, tb} prineipal due
Note, (¢) amounts due under Seetian 3, Such paymenty shall be applied to each Periodic Payment in the order in which i bee
dug, Any remaining amounts shall be apphied first to fale charges, second to any other amounts due wader this Security hustrument,
and then to reduce the principal balance of the Note
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay
amy Tate charge due, the payment may be applied to the defiaquent payment and the late charge, H-anore than one Periodic Payment
is outstanding, Lender may apply any payment received fiom Borrower te the repayment of the Periodic Payments if, and te the
extent thut, each payment can be paid it fll, To the extent that any excess exists afer the payment is applied to the full payment
of one or more Periodic Pay ‘esn may by applied to any late charges due. Voluntary prepayments shall de applic!
Fitsi t any prepayment charges and then as deseribed in the Note.
Any application of payments, insurance prucveds. of Miscellaneous Proveeds to principal due under the Note shall not extend
‘or postpone the due date. or change the amount, of the Periadic Payments.
3. Funds for Escrow ems. Borrower shall pay to Lender on the day Periodi¢ Payments are due ander the Note, until the
Note is paid is fail, a stim (the "Funds”) to provide for payment of amounts due for: (6) tases and assessments and other items
which can atiain priority over this Security Instrument ay a hen oF encumbrance on the Property: (b) leasehold payments or ground
rents op the Property. if any: (c) premiuns for any and all insurance required by Lender under Seetion $, and (d) Montyaze
Insurance premiums. if any. or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insuranes premiums
in accordance with the provisions of Section 10, These items arc ealled "Escrow Hens "“AL origination or at any time during the
term of the Loan, Lender may require that Comnunity Assoctation Dus, Pees and Assessments, if any. be excrowed by Borrower,
and such dues, fees and assessments shall be ain Escrow tient Borrower shall prumptly furnish co Lender all notices of amounis to
wens, such ¢
the paid ander this Section. Borrower shall pay Tener the Funds for &
sry the Funds for any or all Es
kems at any 4
ww Tens unless Lender wanves Borrower's obligation te
Escrow.
jow Hes Fender nny waive Borrower's obligation to pay to Lender Funds for any or 3
of such waiver, Borrower sill pay directly. when andl
whete payable, the amounts Jue for any Esciow Items for which payment of Pundls hay been waived by Lender and, if Lender
requires, shall furnish (@ Lender receipis evidencing suctt payment within such ame period as Lender may requite, Borrower's
obligation to make such payments and 10 provide receipiy shall for all purposes be deemed tw be a cove
contained in this Security ment, as the phrase “covenant and agreement” is used i Section 9. If Borower is obligated 16 pay
Hisctow ftems ditcetly, pursuant to a waiversind Borrower 4tils to pay the amount due for an Escrow fens, Lender may exereise iis
fights under Section 9 and pay such amount and Borrower shall then be obligated under Seetion 9 to cepay to Lender any such
amount Lender may revoke the waiver as to any or all
iand, upon such revocation, Borrower shall pay i0 Lend
R
ne. Any stich waiver avy oily be an writing, In the ex
it and agreement
Escrow Items al any time by a motive given in accordance with Section 15
all Funcls, and in such amounts, that are then requited under this Section
Lender nay, at any time, collect and hokd Funds in an amount (a) sufficient to permit Lender w apply the Funds at the time
specified under RESPA, and (b) not fo execed the maximum sinount a fender can require under RESPA. Lender shill estimate the
amount of Funds due on the basis of current data aaxd reasonable estinates of expenditures of future Escrow Htems or ethensvise in
accoralanoe with Applicable Law
‘The Punds shall be held in an institotion
der, if Lender is an imstitution whose deposits ate so insared) or mn any Federal Home Loan Bank, Leriler shall apply the Funls
hose deposits are insured by a federal agency, instrumentality. of entity (inehuding
i
to pay the Escrow Items no later than the tine specified under RESPA Lender shall not cirarge Borrower far holding and apply ing,
the Funds, annually analyzing the escrow account, or verifying the Escrow hems, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge Unless ai agreement ys nade in writing or Applicable Las
Fequites terest tw be putid on the Funds, Lender shail not be tequired @ pay Borrower any interest or eamnings on the Bunds.
Borrower and Leader can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual accounting of the Funds as required by RESPA,
Tethers ts # surplus of Fundy held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds
in uecordance with RESPA. If there 1s a shoriaye of Funds held in eserow, ay defined under RESPA, Lender shall notify Borrower
d by RESPA, and Bonower shall pay ta Lender the atount necessary 10 make up the shortage m accordance with,
RESPA, bat inno more than 12 monthly payments, If there is a deficiency of Funds hekd in escrow, as defined under RESPA
Lender shall notify Borrower as requited by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
Ueficicey in accordance with RESPA, but m no mere than 12 monthly payments
Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Fundy
held by Lender
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges. tines, and impositions attributable to the Property
which can allain priority oser this Security Instrument, Ieaschokl payments oF ground rents on the Property, if aap. and
Community Association Dugs, Fees, and Assesstients, if'any. To the extent that these items are Escrow Hems, Borrower shall pay
them in the manner provided in Section 3
as requ
FLORIDA..Single Family. Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Mortgage: FL
2006 -FL (0611) Page 3 of 10
Book5552/Page1851 CFN#2011073964 Page 3 of 11doc 1), ATM 71
Borrower shall prompily discharge any lien whieh hus priority over this Sceurity Instrument unless Borrower: (a) agrees in
wating to the payment of te obligation secured by the lien in a manner veceplable jo Lender, but anly so long as Borrower is
performing such agreement; (b) contests the hen in good fath by. or defends against enforcement of the lien in, legal proveedings
which in Lender's opimon operate to prevent the enforcement of the hen while those proceedings ave pending, but only until such
proccedings are canchuded: o (¢) seures from the holder of the lien an agreement saustaclury to Lender subordinutng the tier 10
shiy Sceurity Instrument. If Lender determines that Hof the Property is subject to a fien Which vam atiain priority over this
Security Iustument, Lender may give Borrower a notice identifying the hen Within 10 days of the date on shel that natice is
#iven, Borrower shall satisty the tien or lake one of more of the actions set forth above in this Seton 4,
+ Lender may require Borrower to pay a one-time charge for a real estate tax verification anor reparting service sed hy
Lender in connection with this Loan.
Property Insurance, Borrower sisll keep the improvements now existing oF hereafter erected on the Property ansuredl
against loss by fire, Razands included within the terns "ewtended coverage,” and any other hazards including, bat not binted to,
earthquakes aod floods, for which Lender requires insurance. This inserance shall be maintained in the amounts tiaclading
deductible levels) and for the periods that | ender requites. What Lender requires pursuant to the preceding sentences ean ei
dhuting the term of the Loan, The insurance cartier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Bortoswer's choice, which right shall aut be exercised unreasonably, Lender may require Borrower to pay. in connection
with chis Loan, either: (a) a one-time charge for flood coue determination, certification and tracking seeviees; oF (by a one time
charge for flood one determination and certification services atid subsequent charges each time remappings oF similar chan
occur which reasonably might affect such determination or certification, Bortower shail also be responsible for the payment of aa
fees imposed by the Federal Emergcacy Manivement Ageney 1 conection with the review of any flood gone determination
result
ig from an wbjection by Borrower
TT Borrower fails to maint overage, af Lond's option
aund Borrower's expense. . The
coverage shall cover Lender, but ntigh! or might not protect Borrower, Barrower's equity in the Property, oF the contents of the
Propeny, against any risk, hazard oF lability and might provide greater oF lesser coverage than was previously in effect, Borruwer
acknowledges that 1 so obtinted might significantly exceed the cost of insurance that Borrower
vould have obtained. Any amounts disbursed by Lender ander this Section 5 shall become additions! debt of Bomower secured by
tis Security Instrument. These aniounts shalt bear ialerest al the Note raie fiom the date of disbursement and shall be payable,
With such interest, upon notice from Lender to Borrower requesting paysicat
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such
Policies, shall include a standard mortgage elaune, sind shall aane Lender as morgage andor as an additional loss payee. Leider
Borawer shall promptly give to Lender all
receipts of paid premiums and renewal notiees 1f Borrower obtains any form of insu 1c. not otherwise required by
Lenuler, for damage to, or destruction of, the Property. stich poticy shall include y standard mortgage clause and shall name Lender
ais mortgagee andor as an additional loss jx
In the event of loss, Borrower shall pive prompt notice fo the insurance earrier and Lender, Lender may matke proof of foss if
in writing, any insurance proceeds, whether ar not
the underlying insurance was required by Lender, shall be applied ta restoration or repair of the Property, if the restoration 4
‘epair is economically: feasible and Lender's secarity is wot lessened During such repair and restoration period, Lender shall hus ¢
the right ta hold such insurance proceeds until Tender has had an opportunity to inspect such Property to ensure the work has been
completed to Lender's satisfaction, provided that such inspection shall be undertsken promptly. Lender may disburse proceeds for
the repairs and sestoration in a single payment os ina series of progress payments as the work is completed. Unless an agreement is
tnade in writing or Applicable Law requires aierest io be paid on such insurance proceeds, Lender shall not be required 10 pay
Borrower any interest oF cimiags on such piveeeds. Fees for public adiusiers, or uther this parties, retained by Hozrawer saul not
be paid out of the msurance proveeds and still be the sole obligation of Borrower, If the restoration or repair is not economically
feasible or Lender's secarity would be lesscried the insurauve proceeds shall he apphed to the sums secured by this Security
weribed above, Lender ay oblain
ion £0. purel
any of the coverages des
ender is under no bli sfore, such
Ise any’ parlicular ype or amount of cover
e cust of the insurance cover
shall have the right tw hold the policies and renewal certificates. If Lender require
hot made promptly by Borrower, Unless Lender and Borrower otherwise are
Instrument, whether or nat thet duc, with she excess, iFany. pai to Bosrower. Such insurance proceeds shall be applied in the
order provided for in
I Borrower abandons the Property, Lender may file, negotiate and settle any available insurance clains and related matters, 1
Borromer dogs not respond within 30 slays 10 a notice fram Lender that the insurance carrier has offered to settle a elain, then
Lender may negotiate and seitie the claim The 30-day period wall bepin when the notice is given. In either event, or if Leng
acquires the Property under Section 22 oF utherwise, Battower hereby aysigns to Lender (a) Bortawer’s nyhts to ay insurance
proceeds in an amount not to exvced the ainounts unpad under the Now or this Secunty Instrument, and (b) any other of
Borrower's rights (other than the right to any refund of uncamed premiums paid by Borrower} under all insu
covering the Property. insotiras such rights are applicable to the coverage of the Property. | ender may use the msurance proceeds
either to repair or restore the Property or tw pay amounts unpaid under the Note er this Security lastrument, wheter or nor then
Section 2
mice prticnes
due
6 Occupancy, Horuwer shall occupy, establish, and use the Property as Burrower’s principal residence withit 6€ days
ue to occupy the Property as Borsuwer’s principal residence for a
which consent shall not be anreasonatly
afler the execution of his Sevunty Instrument and shall eont
least one year alter the date af occupancy, cailess Fender atherwive agrees in writin
withheld, or un sexist which are beyond Borrower's cuntral
7. Preservation, Maintenance and Protection of the Property: Inspections. Borrower shall nut destroy, damage or
impair the Property, allow the Properly to sloteriorate or commit waste on the Property. Whether or not Borrower is residing. in the
Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating ov decreasing in value due to iis
condition, Unless it is determined pursuant to Sections $ that repair ur restoration is not economically feasible, Bostower shall
promptly repat the Property if damaged lo avoid further deterioration or damage, If insurance or condermation proceeds are pad
vking of the Property. Borrower shal be responsible tor repairing o¢ restoring the Property
estoration in a sin
Ss extenuating cireumstan
in connection with damage bo, oF U
enly af Lender hay reteased proceeds for suck purposes. Lender may disburse proceeds for the repairs and
FLORIDA.-Single Famiy--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Mongage-Ft.
2006--FL 106!11) Page 4 of 19
Book5552/Page1852 CFN#2011073964 Page 4 of 11ne): IT 79
pitynient of ina series of progiess payments as the work ts vompleied. Ifthe insurance or condetnation proceeds are nor suficrent
{o repair of restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair oF restoration
Lender or ils agent may make reasonable entries upon and inspections of the Property. Hf it hay reasonable cause, Leader may
inspect the interior of the umpcavemtents on the Property, Lender shall give Bostower notice at the time ef or prior to such on
interior inspection specifying such rewsonable cause
8. Borrawer's Loan Application, Borrower shall be in default if, during the Loan application proves, Borrower or any
persons or entities acting at the direction of Bouower or with Borrower's know ledge oF convent gave unaterially false, misleading,
or inaceurate information of statements (@ Lender (or farted to provide Lender with material information) in connection with the
Laat, Material representations include, but are nol limited 10, representations concerning Borrowers occupancy oF the Property ts
Borrower's principal residence
9, Protection of Lender's Interest in the Property and Rights Under ¢
form the covenants and ayreements cor
Sccurity Instrument, If (a) Borrower fails to
ned sn this Security fnstrument, () there is a tegal proceeding tha night siguificantly
est in the Property andor rights under this Security Instrument (such ay a proc bankro
for condemnation oF forfeiture, for enforcement uf'a hen which may attain priority over this Security Instrument or 19 enforee Lawes
or regulations}, or (¢} Borrower hus abandoned the Proporty, then Lender may do and pay for whatever is reasonable oF appropri
to protect Lender's interest in the Properly: and rights under this Security {nstrument, inefading protecting: and oF assessing the
value of the Property, and securing andor repinsing the Property. Lender's actions can inelude, but are mot Tinted to. (a) yay
juty suans secured by a lien which has priatity aver this Securty Insirument, (b) appearing in court, and fe) paying reasonable
sitorneys! fees 10 protect iis interest in thy Property andar aghts under this Security Instrument, including Hs secured postion a st
bankruptey proceeding. Securing the Propery includes, bul is not limited t, enterng the Property lo make repairs, change focks
replace oF beard up doors and windows, drain water trom pipes, climate building ue other cade violations wr dangerous
Condnions, aud have ublities tured on or off, Although Lender may take ation under this Seetion 9, Lender does nat have to do
curs no Tiability for not Gking any oe all actions
po
affect Lender's inter
ey. probate.
so and is wot under any duty or obligation to do x0, 1 is agseed that Lender
authorized under this Section 9
‘Any amounts disbursed by Lender under this Section 9 shall become additional debt af Borrower sccused by this Secuttty
iment ‘These amounts shall bear anterest at the Note nde fionr the date oF disbursement and shitll be payable, wath sox!
Interest, upon notice from Lender to Bosrower requesting paytent
[this Security Instrument is on a feasehiokd, Borvower shall comply with all the provision of the fesse. I Bosrow
fe title fo the Property, the leasehold and the fee stle shall not merge unless Lender agrees to the merger in writing,
10, Mortgage Insurance. If Lender required Mortgage Insurance as 2 condition of makinigthe Laan, Bormawer shall ray
the premiums required to maintain the Mogae Tusurance in effect 11, tor any reasons the Mortgage Insurance coverage regu
by Lender ceases to be available fron the morgage msurer that previously provided such insurance and Borrower was required te
stake separately designated payments toward the prennims for Moriyge insurance, Borrower shall pay the pretmuunny required
cabiain coverage substantially equivalent to the Mortgage Insarance previously in effect, at a gos! substantially equivatent fo the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender, Th
Substantially equivalent Mougage Inswranes coverage is not available, Borzower shall cantinuc to pty 0 Lender the aout of the
separately designated y due when the ansurance coserage ceased to be an effect. Lender will accept use and
Tetain these payments as a non-refundable loss reserve in heu of Morigage Insurnce: Such loss reserve shall be non-refundable,
rufwithstandine the fact that the Loan is ultimately paid tr full, and Lender shall not be required pay Borrower any interest or
ceanings on stich loss reserve. Lend:
squires
fayiments that were
wy pos longer require loss reserve payments if Mongage Insurance coverage (in the amount
and for the period tr Lawler requires) provided by an insurer selected by Lender again becomes avatlable, ws ebtaned, at
ye Insurance. If Lender required: Mortgage
Lender requires separaiely designated paymcots toward the premiums tor Morty
Insurance as a condition of making the Loan and Borrower was required to mtke separately designated payments toward the
premiuns for Mortgage Insurance, Borrower shall pay the premiuins required to mauntain Morgage Insurance in effet or 0
provide a non-refundable loss reserve, until Tenders requirement tor Mortgage Insurance ends accardanee with any writen
went between, Borrower ahd Lender providing for sach termination or until termination is required by Applwable Cass
ton 10 yftcets Buniower’s obligation ( pay mtefest at the rate provided m the Note
ses the Note} foe certain losses Hmiay incur uf Rarsower
agree!
Nothing ta this Se
Mortgage Insurance reimburses Lender (or any ently that pureh
does not repay the Loans agreed. Borrower is not a party to fhe Mortgage fasunimee
Mortgage insurers evaluate theit total risk on all such insurance in free from time to tH
with odher parties that share er anodify sbeit risk, or reduce losses These agreements are on terms and conditians
falistactory to the mortgage isurer and the other party (or parties) to these ayyeements may require ‘he
rogage wsurer to make paymenls using any source Of funds that the morigage msurer ray have available (which may include
funds obtained trom Mortgage Insurance prcnnians).
‘As a result of these agreements, Letder, amy purchaser of the Note, a
aftihate of any of the foregoing, nay receive (dixectly or indirectty) amounts that derive from tor nrg be characierized as) 3
portion of Borrowers payments for Mortgage Insoratice, in exchange for sharing oF niodifying the mortgage inserers yk.
reducing losses, If such agreement provides that an affihate of Letider takes share of the asurer’s risk in exchange far a share of
the prevniums paid lo the insurer, the derangement 1s often termed “capiive reinsurance.” Further
(a) Amy such agecements will not affect the amounts that Borrower has agreed 0 pay for Mortgage Insurance, or
any other terms of the Loan, Such agecements will not increase the amount Borrower will owe for Mortgage Insuran
and they will not entitle Borrower to any refund,
(by Any such agreements will not affect the rights Borrower has - if any + with respect to the Mortage Insurance
under the Homeowners Protection Act of 1998 or any other law, These rights nay include the right to recive certa
Gisclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance term
Suiomatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
eanceltat
and may enter into agreements
eeementy, The:
other insurer er amy other entity, or any
Forfeiture, All Miscellancotiy Proceeds are hereby assigned (and shall be
FLORIDA--Single Family:-Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Morigage-FL
2006-FL (6!11) Page 5 0! 10
Book5552/Page1853_ CFN#2011073964 Page 5 of 11If the Property is damaged. such Miscellancans Proceeds: shall be applicd te Festoriuon or repair of the Property, iP the
restoration of repair is economically teasible and Lender's security is nut fessened. During such repair and restoration period,
Lender shall have the right to hold such Miscellancous Preeeeds until Leader his hiad an opportunity ta atspect stich Property to
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender
may pay for the repairs and gestoration ns single dishuusement or in u serivs of progress payments as the work 4s completed.
Unies an agreement is mace in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender
shalt not be required 10 pay Borrower any interes! or earings on such Miscellaneous als. Ifthe restoration or repatr 18 not
economically feasible or Lender's security would be lessened, the Misceliancous Proceeds shall be applied 10 the sums secured by
this Security Instrument, whether or not then duc, with the excess. HFany, piel to Borrower, Such Miscell
Preview
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; Unknown Spouse of David G. Beltzer; Bank of America, N.A.; 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). VERIFIED COMPLAINT TO FORECLOSE MORTGAGE Plaintiff, TLAA 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 executed and delivered a Promissory Note (“Note”) dated July 19, 2011 and David G. Beltzer 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 Electronically Filed Marion Case # 19CA002485AX 11/12/2019 04:01:55 PMmortgagor(s). True and correct copies of said Note and Mortgage, are attached hereto as Exhibit "A" and Exhibit "B" respectively. 3. Plaintiff is in possession of the original note through its counsel, which is in physical possession of the note on behalf of the Plaintiff. 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. Defendant, David G. Beltzer, is the current owner 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. Defendant who may be held personally liable for a deficiency, if any, is the notemaker, David G. Beltzer, unless any of such Defendant have been discharged in bankruptcy in which event no deficiency is or will be sought. 10. 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.11. Plaintiff is obligated to pay plaintiff's attorney a reasonable fee for their services and seeks an award of attomey’s fees. Plaintiff is entitled to recover its attorneys’ fees under the Note and Mortgage. 12. That the Defendant, Unknown Spouse of David G. Beltzer, might have some claim or demand in the subject property by virtue of 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, 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 on 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. 14. That the Defendant, 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 might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage. 15. That the Defendant, Unknown Parties in Possession #2, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) whoare not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage. WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs and for attomeys’ 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 all 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 (This space intentionally left blank)deficiency is sought; and, (e) for such other and further relief as the court may deem just and proper. VERIFICATION OF COMPLAINT. Under penalty of perjury, I declare that I have read the foregoing Complaint to Foreclose Mortgage, and the facts alleged therein are true and correct to the best of my knowledge and belief. by. “blow © plActelen — Name: lana ©. Title: Assistant Vice President TIAA FSB Date:_NO! \ é *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiffs counsel hereby designates its primary email address for the purposes of email service as: SFGService@logs.com* SHAPIRO, FISHMAN & GACHE, LLP Attomeys for Plaintiff 4630 Woodland Corporate Blvd., Ste 100 Tampa, FL 33614 Telephone: (813) 880-8888 Ext. 5122 Fax: (813) 880-8800 FL Bar # 89337 Pursuant to the Fair Debt Collections Practices Act, youka deemed a debt collector and any information obtained may beuséd for that purpose. 19-321823 FCO] AMCExhibit APrepared by: NATHALIE CONTRERAS LOAN #: 3470 NOTE JULY 19, 2011 OCALA FLORIDA (ba {Ci} (State) “316 OAK LANE PASS, OCALA, FL 34472-9340 {Property Audress) 1, BORROWER'S PROMISE TO PAY In return for a town that I have received, | promise to pay U.S. $69,100.00 (this aniount is called “Principat"), plus interest, to the order of the Lender. The Lender is BANK OF AMERICA, N.A. 1 will make all payments under this Note in the form of cash, check or money order. Junderstand that the Lender may transfer this Note. The Lender or anyone who takes thiy Note by transfer and who is entitled to teceive payments under this Note is called the "Note Holder." 2, INTEREST Interest will be charged on unpaid prineipal until the full amount of Principal has been paid. | will pay interest at a yearly rate of §.375%. The interest rate required by this Section 2 is the rate T will pay both before and after any default described in Section 6(B) of this Note 3. PAYMENTS (A). Time and Place of Payments will pay principal and interest by making a payment every month. 1 will make my monthly payment on the FIRST day of cach month beginning on SEPTEMBER 01, 2021 . 1 will make these paymienis every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to imerest betore Principal. Ifjon AUGUST 02, 2036 I still owe amiounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.” Twill make my monthly payments at P.O. Box 650070, Dallas, TX 75265-0070 oF at a different place if required by the Note Holder, (B) Amount of Monthly Payments My monthly payment wil! be in the amount of U.S, $419.19 4, BORROWER'S RIGHT TO PREPAY Thave the right to make payments of Principal at any time before they are due, A payment of Principal only is known as a “Prepayment.” When | make a Prepayment, { will tell the Note Hokier in writing that Twn doing so. | may not designate 9 payment as, 4 Prepayment if have not made all the monthly payments due under the Note Linay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the umount of Principal tat 1 owe under this Note, However, the Nove Holder may apply my Prepayment to the acerued and unpaid interest on the Prepaynient amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, 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 changes. 5. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum toan charges, is finally interpreted so that the interest or other loan 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 to reduce the charge to the permitied limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. p 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A). Late Charge for Overdue Payments If the Note Holder thas not received the full amount of any monthly payment by the end of FIFTEEN calendar days atter the date it is duc, Twill pay late charge to the Note Holder, The amount of the charge will be 5,000 % of ny overdue payment of principal and interest. | will pay this late charge promptly but only once on cach late payment. (B) Default IFT do not pay the full amount of each monthly payment on the date itis due, 1 will be in default (C) Notice of Default If Lam in default, te Note Holder may send me a written notice telling me that if T do not pay the overdue amount by # certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the intevest that T owe 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 aeans FLORIDA FIXED RATE NOTE--Sing'e Family-Fannle Mae/Freddie Nac UNIFORM INSTRUMENT Form 3210 101 Fixed Rate Nole-FL 2OO5N-FL (09/08\a/) Page tol 2LOAN #: M470 (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder docs not require me to pay immediately in full as described ubove, the Note Holder wil still have the right to do so iT am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the 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 include, for example, reasonable attorneys’ (ees. 7. GIVING OF NOTICES Unless applicable aw requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by First class mail 10 me at the Property Address above or at a different address if I give the Note Holder a notice of my different uddress. Any notice that must be given to the Note Holder under this Note will be given by delivering it ar by mailing it by first class nail to the Note Holder at the addiess stated in Section 3(A) above or at a different address if | am given « notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER TIIIS NOTE. If more than one person sigas this Note, each 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 # guarmitor, surely or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated 10 keep all of the promiscs miade in this Note. The Note Holder may enforce its rights under this Note against euch person individually or against all of us together. This means thal any onc of us omy be required (o pay all of the amounts owed under this Note. 9. WAIVERS T and any other person who has obligations under iis Note waive the rights of Pr “Presentment means the right to require the Note Holder to demand payment of amounts due, ” to requite the Note Hoider to give notice to other persons that amounts duc have not been paid. eveniment and Notice of Dishonor. lolice uf Dishonor" means the right 10, UNIFORM SECURED NOTE This Note is a uniform instrument with linited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the sume date as this Note, protects the Notc Holder from possibie losses which might result if 1 do not keep the promises which | make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts Towe under this Note. Some of those conditions are described as follows: Wall or any pact of the Property or any Interest in the Property is sold or transferred (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 require 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 this option, Lender shall give Borrower notice of acceleration. The notice shali 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 pecmitied by this Security Instrument without further notice or demand on Borrower, 11, DOCUMENTARY TAX The state documentary tax due on this Note lias been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED, DAVID G. BELTZER ~Borrower PAY TO THE ORDER OF WITHOUT RECOURSE OF AMERICA, NA. BY, ‘Ascant Viee President (Seal) “Borrower [Sign Original Only} FLORIDA FIXED RATE NOTE-Singie Fairily~Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 3/01 Fixed Rate Note-FL 2005N-FL (09/08) Page 2 of 2Exhibit BThis document sway prepared by ATHALIE. CONTRERAS MK OF ANER Nea 2a e cus ERK OF COURT MARION COUNTY DATE: 08/08/2011 12:46:55 PM FILE #: 2011073964 OR BK 05552 PGS 1849-1859 REC 95.00 MTG DS 241.85 INT 138.20 ~YK cL ISieace Steve ns Line Far Reco wm ce O — rg Data) = Bacrow/Chowina 1 tooe 46 When Recorded Retum To: Indecomm Global Services ‘GC. 7 2925 Country Drive — & MORTGAGE St. Paul, MN 55117 a Record (St 7194071901 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, HEX, 1S, 20 and 21 Certain rules regarding the usage of words used it this document ig also provided in Section 16. “Security Lnstrument™ means this document, which iy dated JULY 19, 207% together wal alt Riders this (BY "Borrower" is DAVID GO BRLTR: Hortower is the mortyuger under this Security Jasirument (CG) "Lender" is BANK OF AMPRYCA, NA fonler is a NATIONAL ASSOCIATION erganized anit jaws ol THE UNTTED STATES existing unde her's aultress 1s mtn Tryon Steet, Charlotre, ue 78285 Louder iste mnortgaes under this Security Instrument {D) "Note" meuns the promissory nate signed by Borrower and dated JULY 19, 2071 The Note sues ths Borrower owes Lender SIXTY NINB THOUSAND ONR HUNDRED and 00/100 Doilars (US See Pay the debt in full not later than AUGUST 91, 2046 AE) "Property" means the properly that is described below undey the heading "Transfer of Rights ia the Property.” AF) “Loan means the debt eviclenced by the Note, plus iierest. amy prepayment charges and late eharyes due under the Note anid all sums due under this Security dustrument, plus interest (G) “Riders” rcans all Ridets 10 this Security Instcument that are excuted by Bortower. The following Riders are to be executed by Borrower [check hoy as applicable} 10.00 J plus interest, Hotrower has promised to pay this debi in regular Peviewdic Payanenss and se [Adjustable Rate Rider (Condominium Rider [J Second Home Rider (2 Balloon Rider (2 Phamicd Unit Developnient Riker] 14 Family Rider GVA Rider CE Biweekly Payinent Rider CO) Omhests) fspecily | FLORIDA. Sing'o Family. Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Form 3010 1/05 Mocgage-Ft 2006--FL (08:4 }i89) Page tof 10 Book5552/Page1849 CFN#2011073964 Page 1 of 111) |: a 2 (H) “Applicable Law" means all controlling applicable federal, state and focal st administrative rules and orders (that hive the effect of lave) as well as all applicable final, non-appeslable judicial opinions (D "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and ather charges that are inposed on Borrower or the Property hy a condominium association, homeowners association of similar organization, (J) “Electronic Funds Transfer” meany any transfer of funds, other than a tansaction originated by check, dratt, or sinter paper instrument, which is initiated trough an efectronie terminal, telephonic instrument, computer, oF magneliv {ape So as 10 order, insttuct, or authorize i financial mstitution to debit or credit am account. Such tern ineludks, but is not limited 10, point-ot sale transfers, automated teller machine transactions, transfers initiated by telephone, wire translers, and automated clearinghouse trartsfers (&)Eserow Items” means those items that we described in Section 3. (L) "Miscellaneous Proceeds" means way compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages desvribed in Section 8) for; (i) damage lo, o destruction of, the Property (ii) condemnation or other taking of all or any part of the Property: (ii) conveyance in fica of condemnation: oF (0x) mistepresentations of, or omissions as to, the value andior condition af ike Property. (SD "Mortgage Insuranee” meany insurance protecting Lender against the nonpayment af, or def (N). “Periodic Payment" means the regularly scheduled amount due fur () principal and inten amounts uncer Section 3 of this Security Insirument (0) “RESPA" cans the Real Fstote Settlement Procedures Act (12 U.S.C. Section 2601 et seq) and its implementing regulation, Regulation X (24 CER. Part 3500), as they might be amended from time 10 time, oF any additional or successor epistition oF regulation that govemy the same subject matter, Ay used in this Security Instrument, “RESPA" refers 10 all ments and restrietions that ave inposed in regard to a “federally related mortgage loan even if tke Loan does not quality as lated mortgage loan” under RESPA (P) "Successor in Interest of Borrower” means any party that hay takew title to the Property, whether or not that party: has assumed Borrower's obligations under the Note andor this Security Instrument ren, the Loan, under the Note, plus (ii) any TRANSFER OF RIGHTS IN THE PROPERTY, This Security Instrument secures to Lender: (i) the repayment of the Hoan, and all renewals, extensions and modifications of the Note: ancl (ii) the performance of Borrower's covenants und agreements under this Security Instrument and the Note. Por this purpose, Burrawer docs hereby mortgage. grant and convey lo Lender, the following described property located 1 the COUNTY of MARTON, Lyne of Reswudin wi [Name ot Recording Jusiatict] AY RUTACHRD HERETO AND MADE A PA Parcel 1D Number: R9028 0859-08 which currently hay the atklress at 316 OAK LANE PASS, OCALA . Suweriyt Hlotida 34472-9346 (Property Address") HAP Caxic} TOGETHER WITH all the improvements now or hereafler erected on the property. and all easements, appurtenances, ad fixtures now of hereatier a past of the propetty. Ail replacements and additions shall also be covered by thiy Security Instrunsent All of tite foregoing is referred to an this Secuily Instrument as the “Property.” BORROWER COVENANTS that Borrower is lawfully seised of the estat grant and oavey the Propenly and that the Property is unencumbered, except for encumbrances af record. Borrower warrants i ill defend generally the tile (o the Property against all clams and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited Variations by jurisiict L covering real property hereby conveyed and fas the night to mortgage, 1 to constitute @ uniform secusity instume UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and ue the principal of, and interest on, the debt evidenced hy the Note and any prepayment charges and late charges due uitder the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security cunency. However, iFany cheek oF of ler as payment under the ty Leader unpaid, Lender may sequire that any ar all subsequent payments due under the Note and this Secunty Instrument be made mone oF more af the following forms, as selected by Lender: (a) cash, (b) money onder: (€) cestified check, bank clievk, treasurer's check ot cashier's check, provided aay such check is drawn upon an institution whose deposits are insured by a federal agency, instrumemality, ox entity: or (d) Flevironie Funds Transfer. ate Charges. Borrower shall pay when ent received hy Ler Jastrument shall be urade a 1 Note of thts Security Insuument is returned FLORIDA.-Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Mortgage-FL 2008 FL (OBIT) Page 2af t0 Book5552/Page1850 CFN#2011073964 Page 2 of 11boc 1 5) MVM S21 jon designated in the Note or at such other location as Payments are deemed received by Lender when received st th may be designated by Lender in accordance with the ootice provisions i Section 1S. Lender may relury any payntent of partial payment if the payment or partial payments c the Loan current, Leader mi pL any payment or partial Payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice 1 its riphis to refuse such Payment oF partial payments in the finure, bul Lender is not obligated 10 apply such payments at the time such payniems are accepted. IF cach Periodic Payment is applied as of its schedulect due date, then Lender necd not pay interest un unapplied funds Lender my hold such anapplied funds until Borrower makes payment to bring the Loan current, Hf Borrower does not do so within a reasonable period of time, Lender shall either apply such fends of cetarn them lo Borrower. If not applicd earlier, such funds will he spplied to the outstanding principal balance under the Note immediately prior to foreclosure, No offset or clans whieh Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security tnstrument oF performing the covcnants and agreements sceused by this Security Instrument 2. Application of Payments or Proceeds. Excep! ay otherwise described in thiy Section 2, all paynients accepted sane applied by Lender shall be applied ia the following order of priority: (a) uvterest dice under the Note, tb} prineipal due Note, (¢) amounts due under Seetian 3, Such paymenty shall be applied to each Periodic Payment in the order in which i bee dug, Any remaining amounts shall be apphied first to fale charges, second to any other amounts due wader this Security hustrument, and then to reduce the principal balance of the Note If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay amy Tate charge due, the payment may be applied to the defiaquent payment and the late charge, H-anore than one Periodic Payment is outstanding, Lender may apply any payment received fiom Borrower te the repayment of the Periodic Payments if, and te the extent thut, each payment can be paid it fll, To the extent that any excess exists afer the payment is applied to the full payment of one or more Periodic Pay ‘esn may by applied to any late charges due. Voluntary prepayments shall de applic! Fitsi t any prepayment charges and then as deseribed in the Note. Any application of payments, insurance prucveds. of Miscellaneous Proveeds to principal due under the Note shall not extend ‘or postpone the due date. or change the amount, of the Periadic Payments. 3. Funds for Escrow ems. Borrower shall pay to Lender on the day Periodi¢ Payments are due ander the Note, until the Note is paid is fail, a stim (the "Funds”) to provide for payment of amounts due for: (6) tases and assessments and other items which can atiain priority over this Security Instrument ay a hen oF encumbrance on the Property: (b) leasehold payments or ground rents op the Property. if any: (c) premiuns for any and all insurance required by Lender under Seetion $, and (d) Montyaze Insurance premiums. if any. or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insuranes premiums in accordance with the provisions of Section 10, These items arc ealled "Escrow Hens "“AL origination or at any time during the term of the Loan, Lender may require that Comnunity Assoctation Dus, Pees and Assessments, if any. be excrowed by Borrower, and such dues, fees and assessments shall be ain Escrow tient Borrower shall prumptly furnish co Lender all notices of amounis to wens, such ¢ the paid ander this Section. Borrower shall pay Tener the Funds for & sry the Funds for any or all Es kems at any 4 ww Tens unless Lender wanves Borrower's obligation te Escrow. jow Hes Fender nny waive Borrower's obligation to pay to Lender Funds for any or 3 of such waiver, Borrower sill pay directly. when andl whete payable, the amounts Jue for any Esciow Items for which payment of Pundls hay been waived by Lender and, if Lender requires, shall furnish (@ Lender receipis evidencing suctt payment within such ame period as Lender may requite, Borrower's obligation to make such payments and 10 provide receipiy shall for all purposes be deemed tw be a cove contained in this Security ment, as the phrase “covenant and agreement” is used i Section 9. If Borower is obligated 16 pay Hisctow ftems ditcetly, pursuant to a waiversind Borrower 4tils to pay the amount due for an Escrow fens, Lender may exereise iis fights under Section 9 and pay such amount and Borrower shall then be obligated under Seetion 9 to cepay to Lender any such amount Lender may revoke the waiver as to any or all iand, upon such revocation, Borrower shall pay i0 Lend R ne. Any stich waiver avy oily be an writing, In the ex it and agreement Escrow Items al any time by a motive given in accordance with Section 15 all Funcls, and in such amounts, that are then requited under this Section Lender nay, at any time, collect and hokd Funds in an amount (a) sufficient to permit Lender w apply the Funds at the time specified under RESPA, and (b) not fo execed the maximum sinount a fender can require under RESPA. Lender shill estimate the amount of Funds due on the basis of current data aaxd reasonable estinates of expenditures of future Escrow Htems or ethensvise in accoralanoe with Applicable Law ‘The Punds shall be held in an institotion der, if Lender is an imstitution whose deposits ate so insared) or mn any Federal Home Loan Bank, Leriler shall apply the Funls hose deposits are insured by a federal agency, instrumentality. of entity (inehuding i to pay the Escrow Items no later than the tine specified under RESPA Lender shall not cirarge Borrower far holding and apply ing, the Funds, annually analyzing the escrow account, or verifying the Escrow hems, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge Unless ai agreement ys nade in writing or Applicable Las Fequites terest tw be putid on the Funds, Lender shail not be tequired @ pay Borrower any interest or eamnings on the Bunds. Borrower and Leader can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA, Tethers ts # surplus of Fundy held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in uecordance with RESPA. If there 1s a shoriaye of Funds held in eserow, ay defined under RESPA, Lender shall notify Borrower d by RESPA, and Bonower shall pay ta Lender the atount necessary 10 make up the shortage m accordance with, RESPA, bat inno more than 12 monthly payments, If there is a deficiency of Funds hekd in escrow, as defined under RESPA Lender shall notify Borrower as requited by RESPA, and Borrower shall pay to Lender the amount necessary to make up the Ueficicey in accordance with RESPA, but m no mere than 12 monthly payments Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Fundy held by Lender 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges. tines, and impositions attributable to the Property which can allain priority oser this Security Instrument, Ieaschokl payments oF ground rents on the Property, if aap. and Community Association Dugs, Fees, and Assesstients, if'any. To the extent that these items are Escrow Hems, Borrower shall pay them in the manner provided in Section 3 as requ FLORIDA..Single Family. Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Mortgage: FL 2006 -FL (0611) Page 3 of 10 Book5552/Page1851 CFN#2011073964 Page 3 of 11doc 1), ATM 71 Borrower shall prompily discharge any lien whieh hus priority over this Sceurity Instrument unless Borrower: (a) agrees in wating to the payment of te obligation secured by the lien in a manner veceplable jo Lender, but anly so long as Borrower is performing such agreement; (b) contests the hen in good fath by. or defends against enforcement of the lien in, legal proveedings which in Lender's opimon operate to prevent the enforcement of the hen while those proceedings ave pending, but only until such proccedings are canchuded: o (¢) seures from the holder of the lien an agreement saustaclury to Lender subordinutng the tier 10 shiy Sceurity Instrument. If Lender determines that Hof the Property is subject to a fien Which vam atiain priority over this Security Iustument, Lender may give Borrower a notice identifying the hen Within 10 days of the date on shel that natice is #iven, Borrower shall satisty the tien or lake one of more of the actions set forth above in this Seton 4, + Lender may require Borrower to pay a one-time charge for a real estate tax verification anor reparting service sed hy Lender in connection with this Loan. Property Insurance, Borrower sisll keep the improvements now existing oF hereafter erected on the Property ansuredl against loss by fire, Razands included within the terns "ewtended coverage,” and any other hazards including, bat not binted to, earthquakes aod floods, for which Lender requires insurance. This inserance shall be maintained in the amounts tiaclading deductible levels) and for the periods that | ender requites. What Lender requires pursuant to the preceding sentences ean ei dhuting the term of the Loan, The insurance cartier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Bortoswer's choice, which right shall aut be exercised unreasonably, Lender may require Borrower to pay. in connection with chis Loan, either: (a) a one-time charge for flood coue determination, certification and tracking seeviees; oF (by a one time charge for flood one determination and certification services atid subsequent charges each time remappings oF similar chan occur which reasonably might affect such determination or certification, Bortower shail also be responsible for the payment of aa fees imposed by the Federal Emergcacy Manivement Ageney 1 conection with the review of any flood gone determination result ig from an wbjection by Borrower TT Borrower fails to maint overage, af Lond's option aund Borrower's expense. . The coverage shall cover Lender, but ntigh! or might not protect Borrower, Barrower's equity in the Property, oF the contents of the Propeny, against any risk, hazard oF lability and might provide greater oF lesser coverage than was previously in effect, Borruwer acknowledges that 1 so obtinted might significantly exceed the cost of insurance that Borrower vould have obtained. Any amounts disbursed by Lender ander this Section 5 shall become additions! debt of Bomower secured by tis Security Instrument. These aniounts shalt bear ialerest al the Note raie fiom the date of disbursement and shall be payable, With such interest, upon notice from Lender to Borrower requesting paysicat All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such Policies, shall include a standard mortgage elaune, sind shall aane Lender as morgage andor as an additional loss payee. Leider Borawer shall promptly give to Lender all receipts of paid premiums and renewal notiees 1f Borrower obtains any form of insu 1c. not otherwise required by Lenuler, for damage to, or destruction of, the Property. stich poticy shall include y standard mortgage clause and shall name Lender ais mortgagee andor as an additional loss jx In the event of loss, Borrower shall pive prompt notice fo the insurance earrier and Lender, Lender may matke proof of foss if in writing, any insurance proceeds, whether ar not the underlying insurance was required by Lender, shall be applied ta restoration or repair of the Property, if the restoration 4 ‘epair is economically: feasible and Lender's secarity is wot lessened During such repair and restoration period, Lender shall hus ¢ the right ta hold such insurance proceeds until Tender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertsken promptly. Lender may disburse proceeds for the repairs and sestoration in a single payment os ina series of progress payments as the work is completed. Unless an agreement is tnade in writing or Applicable Law requires aierest io be paid on such insurance proceeds, Lender shall not be required 10 pay Borrower any interest oF cimiags on such piveeeds. Fees for public adiusiers, or uther this parties, retained by Hozrawer saul not be paid out of the msurance proveeds and still be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's secarity would be lesscried the insurauve proceeds shall he apphed to the sums secured by this Security weribed above, Lender ay oblain ion £0. purel any of the coverages des ender is under no bli sfore, such Ise any’ parlicular ype or amount of cover e cust of the insurance cover shall have the right tw hold the policies and renewal certificates. If Lender require hot made promptly by Borrower, Unless Lender and Borrower otherwise are Instrument, whether or nat thet duc, with she excess, iFany. pai to Bosrower. Such insurance proceeds shall be applied in the order provided for in I Borrower abandons the Property, Lender may file, negotiate and settle any available insurance clains and related matters, 1 Borromer dogs not respond within 30 slays 10 a notice fram Lender that the insurance carrier has offered to settle a elain, then Lender may negotiate and seitie the claim The 30-day period wall bepin when the notice is given. In either event, or if Leng acquires the Property under Section 22 oF utherwise, Battower hereby aysigns to Lender (a) Bortawer’s nyhts to ay insurance proceeds in an amount not to exvced the ainounts unpad under the Now or this Secunty Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uncamed premiums paid by Borrower} under all insu covering the Property. insotiras such rights are applicable to the coverage of the Property. | ender may use the msurance proceeds either to repair or restore the Property or tw pay amounts unpaid under the Note er this Security lastrument, wheter or nor then Section 2 mice prticnes due 6 Occupancy, Horuwer shall occupy, establish, and use the Property as Burrower’s principal residence withit 6€ days ue to occupy the Property as Borsuwer’s principal residence for a which consent shall not be anreasonatly afler the execution of his Sevunty Instrument and shall eont least one year alter the date af occupancy, cailess Fender atherwive agrees in writin withheld, or un sexist which are beyond Borrower's cuntral 7. Preservation, Maintenance and Protection of the Property: Inspections. Borrower shall nut destroy, damage or impair the Property, allow the Properly to sloteriorate or commit waste on the Property. Whether or not Borrower is residing. in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating ov decreasing in value due to iis condition, Unless it is determined pursuant to Sections $ that repair ur restoration is not economically feasible, Bostower shall promptly repat the Property if damaged lo avoid further deterioration or damage, If insurance or condermation proceeds are pad vking of the Property. Borrower shal be responsible tor repairing o¢ restoring the Property estoration in a sin Ss extenuating cireumstan in connection with damage bo, oF U enly af Lender hay reteased proceeds for suck purposes. Lender may disburse proceeds for the repairs and FLORIDA.-Single Famiy--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Mongage-Ft. 2006--FL 106!11) Page 4 of 19 Book5552/Page1852 CFN#2011073964 Page 4 of 11ne): IT 79 pitynient of ina series of progiess payments as the work ts vompleied. Ifthe insurance or condetnation proceeds are nor suficrent {o repair of restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair oF restoration Lender or ils agent may make reasonable entries upon and inspections of the Property. Hf it hay reasonable cause, Leader may inspect the interior of the umpcavemtents on the Property, Lender shall give Bostower notice at the time ef or prior to such on interior inspection specifying such rewsonable cause 8. Borrawer's Loan Application, Borrower shall be in default if, during the Loan application proves, Borrower or any persons or entities acting at the direction of Bouower or with Borrower's know ledge oF convent gave unaterially false, misleading, or inaceurate information of statements (@ Lender (or farted to provide Lender with material information) in connection with the Laat, Material representations include, but are nol limited 10, representations concerning Borrowers occupancy oF the Property ts Borrower's principal residence 9, Protection of Lender's Interest in the Property and Rights Under ¢ form the covenants and ayreements cor Sccurity Instrument, If (a) Borrower fails to ned sn this Security fnstrument, () there is a tegal proceeding tha night siguificantly est in the Property andor rights under this Security Instrument (such ay a proc bankro for condemnation oF forfeiture, for enforcement uf'a hen which may attain priority over this Security Instrument or 19 enforee Lawes or regulations}, or (¢} Borrower hus abandoned the Proporty, then Lender may do and pay for whatever is reasonable oF appropri to protect Lender's interest in the Properly: and rights under this Security {nstrument, inefading protecting: and oF assessing the value of the Property, and securing andor repinsing the Property. Lender's actions can inelude, but are mot Tinted to. (a) yay juty suans secured by a lien which has priatity aver this Securty Insirument, (b) appearing in court, and fe) paying reasonable sitorneys! fees 10 protect iis interest in thy Property andar aghts under this Security Instrument, including Hs secured postion a st bankruptey proceeding. Securing the Propery includes, bul is not limited t, enterng the Property lo make repairs, change focks replace oF beard up doors and windows, drain water trom pipes, climate building ue other cade violations wr dangerous Condnions, aud have ublities tured on or off, Although Lender may take ation under this Seetion 9, Lender does nat have to do curs no Tiability for not Gking any oe all actions po affect Lender's inter ey. probate. so and is wot under any duty or obligation to do x0, 1 is agseed that Lender authorized under this Section 9 ‘Any amounts disbursed by Lender under this Section 9 shall become additional debt af Borrower sccused by this Secuttty iment ‘These amounts shall bear anterest at the Note nde fionr the date oF disbursement and shitll be payable, wath sox! Interest, upon notice from Lender to Bosrower requesting paytent [this Security Instrument is on a feasehiokd, Borvower shall comply with all the provision of the fesse. I Bosrow fe title fo the Property, the leasehold and the fee stle shall not merge unless Lender agrees to the merger in writing, 10, Mortgage Insurance. If Lender required Mortgage Insurance as 2 condition of makinigthe Laan, Bormawer shall ray the premiums required to maintain the Mogae Tusurance in effect 11, tor any reasons the Mortgage Insurance coverage regu by Lender ceases to be available fron the morgage msurer that previously provided such insurance and Borrower was required te stake separately designated payments toward the prennims for Moriyge insurance, Borrower shall pay the pretmuunny required cabiain coverage substantially equivalent to the Mortgage Insarance previously in effect, at a gos! substantially equivatent fo the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender, Th Substantially equivalent Mougage Inswranes coverage is not available, Borzower shall cantinuc to pty 0 Lender the aout of the separately designated y due when the ansurance coserage ceased to be an effect. Lender will accept use and Tetain these payments as a non-refundable loss reserve in heu of Morigage Insurnce: Such loss reserve shall be non-refundable, rufwithstandine the fact that the Loan is ultimately paid tr full, and Lender shall not be required pay Borrower any interest or ceanings on stich loss reserve. Lend: squires fayiments that were wy pos longer require loss reserve payments if Mongage Insurance coverage (in the amount and for the period tr Lawler requires) provided by an insurer selected by Lender again becomes avatlable, ws ebtaned, at ye Insurance. If Lender required: Mortgage Lender requires separaiely designated paymcots toward the premiums tor Morty Insurance as a condition of making the Loan and Borrower was required to mtke separately designated payments toward the premiuns for Mortgage Insurance, Borrower shall pay the premiuins required to mauntain Morgage Insurance in effet or 0 provide a non-refundable loss reserve, until Tenders requirement tor Mortgage Insurance ends accardanee with any writen went between, Borrower ahd Lender providing for sach termination or until termination is required by Applwable Cass ton 10 yftcets Buniower’s obligation ( pay mtefest at the rate provided m the Note ses the Note} foe certain losses Hmiay incur uf Rarsower agree! Nothing ta this Se Mortgage Insurance reimburses Lender (or any ently that pureh does not repay the Loans agreed. Borrower is not a party to fhe Mortgage fasunimee Mortgage insurers evaluate theit total risk on all such insurance in free from time to tH with odher parties that share er anodify sbeit risk, or reduce losses These agreements are on terms and conditians falistactory to the mortgage isurer and the other party (or parties) to these ayyeements may require ‘he rogage wsurer to make paymenls using any source Of funds that the morigage msurer ray have available (which may include funds obtained trom Mortgage Insurance prcnnians). ‘As a result of these agreements, Letder, amy purchaser of the Note, a aftihate of any of the foregoing, nay receive (dixectly or indirectty) amounts that derive from tor nrg be characierized as) 3 portion of Borrowers payments for Mortgage Insoratice, in exchange for sharing oF niodifying the mortgage inserers yk. reducing losses, If such agreement provides that an affihate of Letider takes share of the asurer’s risk in exchange far a share of the prevniums paid lo the insurer, the derangement 1s often termed “capiive reinsurance.” Further (a) Amy such agecements will not affect the amounts that Borrower has agreed 0 pay for Mortgage Insurance, or any other terms of the Loan, Such agecements will not increase the amount Borrower will owe for Mortgage Insuran and they will not entitle Borrower to any refund, (by Any such agreements will not affect the rights Borrower has - if any + with respect to the Mortage Insurance under the Homeowners Protection Act of 1998 or any other law, These rights nay include the right to recive certa Gisclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance term Suiomatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such eanceltat and may enter into agreements eeementy, The: other insurer er amy other entity, or any Forfeiture, All Miscellancotiy Proceeds are hereby assigned (and shall be FLORIDA--Single Family:-Fannie MaeiFreddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Morigage-FL 2006-FL (6!11) Page 5 0! 10 Book5552/Page1853_ CFN#2011073964 Page 5 of 11If the Property is damaged. such Miscellancans Proceeds: shall be applicd te Festoriuon or repair of the Property, iP the restoration of repair is economically teasible and Lender's security is nut fessened. During such repair and restoration period, Lender shall have the right to hold such Miscellancous Preeeeds until Leader his hiad an opportunity ta atspect stich Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and gestoration ns single dishuusement or in u serivs of progress payments as the work 4s completed. Unies an agreement is mace in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shalt not be required 10 pay Borrower any interes! or earings on such Miscellaneous als. Ifthe restoration or repatr 18 not economically feasible or Lender's security would be lessened, the Misceliancous Proceeds shall be applied 10 the sums secured by this Security Instrument, whether or not then duc, with the excess. HFany, piel to Borrower, Such Miscell