Preview
Filing # 99549363 E-Filed 11/27/2019 12:20:19 PM
IN THE CIRCUIT COURT OF THE 5
JUDICIAL CIRCUIT, IN AND FOR MARION
COUNTY, FLORIDA
CIVIL DIVISION:
CASE NO.:
BAY VIEW LOAN SERVICING, LLC,
Plaintiff,
VS.
PATRICIA ANN GUNTER A/K/A PATRICIA A.
GUNTER; JACK GERARD GUNTER:
UNKNOWN SPOUSE OF PATRICIA ANN
GUNTER A/K/A PATRICIA A. GUNTER;
UNKNOWN SPOUSE OF JACK GERARD
GUNTER; WILLIAM W. RAYNER; RHONDA
D. RAYNER; UNKNOWN TENANT #1 AND
UNKNOWN TENANT #2,
Defendants.
VERIFIED COMPLAINT FOR FORECLOSURE
Plaintiff, BAYVIEW LOAN SERVICING, LLC, by and through its undersigned
counsel, sues the above referenced Defendants, and alleges the following:
COUNTI
FORECLOSURE OF MORTGAGE
1. This is an action to foreclose a mortgage on real property in MARION County, Florida.
2. Venue is proper in this jurisdiction as the real property is located in MARION County,
Florida.
3. On December 20, 2007, Defendant, PATRICLA ANN GUNTER A/K/A PATRICIA A.
GUNTER, executed and delivered a Promissory Note (“Note”). A true and correct copy of said Note
is attached hereto as Exhibit “A.”
4. On December 20, 2007, Defendant, PATRICIA ANN GUNTER A/K/A PATRICIA A.
GUNTER, executed and delivered a Mortgage recorded December 31, 2007 in Official Records
Book 4956, Page 1641 in the official records of MARION County. securing the payment of the Note
to the payee named thereon. A true and correct copy of said Mortgage is attached hereto as Exhibit
ope
19-03476-F
Electronically Filed Marion Case # 19CA002605AX 11/27/2019 12:20:19 PM5. The loan was subsequently modified pursuant to the Loan Modification Agreement(s), which
are attached hereto as Exhibit "C."
6. Plaintiff's counsel is in physical possession of the Note endorsed in blank which is the subject
of this action and therefore, is the holder of that Note.
7. The property is now owned by Defendants, PATRICIA ANN GUNTER A/K/A PATRICIA
A. GUNTER and JACK GERARD GUNTER, who hold possession.
8. There is a default under the terms of the Note, Mortgage and Loan Modification(s) for the
March 1, 2019 payment and all subsequent payments due thereafter.
9. Plaintiff declares the full amount payable under the Note, Mortgage and Loan
Modification(s) to be due.
10. Plaintiff asserts that all conditions precedent to acceleration of the subject loan and
foreclosure of the subject Mortgage, have been performed, have occurred, or were waived.
11. Defendant owes Plaintiff $55,411.94 that is due on principal on the Note, Mortgage and Loan
Modification(s), plus interest from February 1, 2019, and title search expenses for ascertaining
necessary parties to this suit, escrow shortage, advances, late fees, and costs.
12. As a result of the Defendant(s) default of the terms of the Note, Mortgage and Loan
Modification(s), the Plaintiff has been required to retain the undersigned attorneys and is obligated
to pay said attorneys a reasonable fee for their services,
13. Defendant, UNKNOWN SPOUSE OF PATRICIA ANN GUNTER A/K/A PATRICIA A.
GUNTER, may have or claim an interest in the Property that is the subject of this foreclosure action
by virtue of homestead rights, possession, or any right of redemption, or may otherwise claim an
interest in the Property.
14, Defendant, UNKNOWN SPOUSE OF JACK GERARD GUNTER, may have or claim an
interest in the Property that is the subject of this foreclosure action by virtue of homestead rights,
possession, or any right of redemption, or may otherwise claim an interest in the Property.
45. Defendant(s), UNKNOWN TENANT #1, is joined because he/she may claim some interest
in the property described by virtue of being in actual possession of same or by virtue of a tenancy at
will, but this interest, if any, is subject and inferior to the hen of Plaintiff's Mortgage, is not that of a
bona fide tenant, as defined by law, or is otherwise terminable as provided by law.
16. Defendant(s), UNKNOWN TENANT #2, is joined because he/she may claim some interest
in the property described by virtue of being in actual possession of same or by virtue of a tenancy at
19-03476-Fwill, but this interest, if any, is subject and inferior to the lien of Plaintiff's Mortgage, is not that of a
bona fide tenant, as defined by law, or is otherwise terminable as provided by law.
WHEREFORE, Plaintiff prays:
a) That this Court will take jurisdiction of this cause, the subject matter and the parties
hereto.
b) That an accounting may be had and taken under the direction of this Court of what is due
the Plaintiff for principal and interest on said mortgage and note, and for the cost, charges
and expenses, including attorney's fees and title search cost, and advancements which
Plaintiff may be put to or incur in and about this suit.
c) That this Court decree that Plaintiff's lien is superior to any and all right, title or interest
of the Defendants herein or any person or parties claiming by, through or under them since
the institution of the suit.
d) That the Defendant(s) are found responsible for same be ordered to pay the Plaintiff herein
the amount so found to be due it; that in default of such payments, all right, title, interest,
claim, demand, or equity of redemption of the Defendants and all other persons claiming
by, through, under or against said Defendants since the filing of the Lis Pendens herein
be absolutely barred and foreclosed and that said mortgaged property be sold under the
direction of this Court:
e) That out of the proceeds of said sale, the amounts due the Plaintiff may be paid so far as
same will suffice; and that a deficiency judgment be entered if applicable and only in the
event no Order of Discharge of Personal Liability in Bankruptcy has been entered as to
any of the Defendants who signed the subject note and mortgage and a writ of possession
be issued,
COUNT
REFORMATION OF WARRANTY DEED
16. This is an action to reform a Warranty Deed that has been recorded in the Public Records of
MARION County, Florida. This is an equitable action with no adequate remedy at law.
17. Atall times material to this cause, Defendant owned real property (hereinafter “Property”)
in MARION County, Florida, more particularly described as follows:
A PORTION OF LOT 8, BLOCK B, CORONADO VILLAGE, AND LYING
WITHIN SECTION 22, TOWNSHIP 16 SOUTH, RANGE 24 EAST, MARION
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
19-03476-FFOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID
SECTION 22; THENCE NORTH ALONG THE WEST BOUNDARY OF SAID
SECTION 22 A DISTANCE OF 654.36 FEET; THENCE DEPARTING FROM
SAID WEST BOUNDARY N.89°S60'16"E. A DISTANCE OF 669.80 FEET;
THENCE NORTH A DISTANCE OF 138.89 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF A 60 FOOT WIDE COUNTY ROAD
KNOWN AS SE. 99TH PLACE; THENCE EAST ALONG SAID
SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 200.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE EAST ALONG SAID
SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 305.95 FEET TO THE
POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING
A RADIUS OF 814.80 FEET AND A CENTRAL ANGLE OF 12°05'07";
THENCE EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT
A DISTANCE OF 171.86 FEET, SAID ARC SUBTENDED BY A CHORD
WHICH BEARS S.83°57'26"E. A DISTANCE OF 171.55 FEET TO A POINT
ON SAID CURVE; THENCE DEPARTING SAID SOUTHERLY RIGHT OF
WAY LINE S.12°05'07" W. A DISTANCE OF 278.10 FEET; THENCE WEST A
DISTANCE OF 448.32 FEET; THENCE N.05°S4'22'E. A DISTANCE OF
291.55 FEET TO THE POINT OF BEGINNING.
This is evidenced by a true and correct copy of the Warranty Deed as shown recorded in Official
Records Book 1268 at Page 1481,
18. Plaintiff hereby re-alleges and reasserts all of the allegations contained in Count 1 of the
Plaintiff's Complaint in this cause,
19. On August 4, 1999, Defendants, WILLIAM W. RAYNER, hereinafter “Grantors” executed
a Warranty Deed conveying the real property in question to WILLIAM W. RAYNER and RHONDA
D. RAYNER, hereinafter “Grantee”, which was recorded August 20, 1999, in Official Records Book
2686 Page 957 MARION County, Florida. A copy of the Warranty Deed is attached hereto as Exhibit
“p”.
20. Inadvertently, and contrary to the clear intentions of the parties to the Warranty Deed a
scrivener’s error resulted from mutual mistake. Consequently, the legal description in the deed
contained the following incorrect underlined information:
A PORTION OF LOT 8, BLOCK B, CORONADO VILLAGE, AND LYING
WITHIN SECTION 22, TOWNSHIP 16 SOUTH, RANGE 24 ‘T, MARION
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID
SECTION 22; THENCE NORTH ALONG THE EAST BOUNDARY OF SAID
SECTION 22 A DISTANCE OF 654.36 FEET; THENCE DEPARTING FROM
SAID EAST BOUNDARY N.89°50'16"E. A DISTANCE OF 669.80 FEET;
THENCE NORTH A DISTANCE OF 138.89 FEET TO A POINT ON THE
19-03476-FSOUTHERLY RIGHT OF WAY LINE OF A 60 FOOT WIDE COUNTY ROAD
KNOWN AS S.E. 99TH PLACE; THENCE EAST ALONG SAID
SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 200.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE EAST ALONG SAID
SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 305.95 FEET TO THE
POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING
A RADIUS OF 814,80 FEET AND A CENTRAL ANGLE OF 12°05'07";
THENCE EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT
A DISTANCE OF 171.86 FEET, SAID ARC SUBTENDED BY A CHORD
WHICH BEARS S.83°57'26"E. A DISTANCE OF 171.55 FEET TO A POINT
ON SAID CURVE; THENCE DEPARTING SAID SOUTHERLY RIGHT OF
WAY LINE S.12°05'07" W. A DISTANCE OF 278.10 FEET; THENCE WEST A
DISTANCE OF 448.32 FEET; THENCE N.05°54'22’E. A DISTANCE OF
291.55 FEET TO THE POINT OF BEGINNING.
21. Based on these errors, the documents may not accurately reflect the intentions of the parties
to the Warranty Deed.
22. Equity requires that this Court reform the legal descriptions to conform with the legal
description set forth in paragraph seventeen (17) above.
23. The reformation sought will not prejudice any parties to this action.
WHEREFORE, Plaintiff requests that the Court reform the legal description in the Warranty
Deed to correct the scrivener’s error and to reflect the true intention of the parties.
THIS SPACE INTENTIONALLY LEFT BLANK
VERIFICATION CONTINUED ON NEXT PAGE
19-03476-FELA.LR. P.1.113(c) VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing Complaint, and the
facts alleged therein are true and correct to the best of my knowledge and belief.
BAYVIEW LOAN SERVICING, LLC
Signature /
Printed name
Document Coordinator
Title
lt | a la
Date
Orlando DeLuca, Esq.
DELUCA LAW GROUP, PLLC
2101 NE 26" Street
Ft. Lauderdale, FL 33305
Phone: (954) 368-1311 Fax: (954) 200-8649
Bar Number: 719501
Email: odeluca @delucalawgroup.com
DESIGNATED PRIMARY E-MAIL FOR
SERVICE PURSUANT TO FLA. R. JUD.
ADMIN 2.516 service @delucalawgroup.com
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector
and any information obtained may be used for that purpose.
19-03476-FEXHIBIT “A”MIN
: NOTE © uers telephi
December 20, 2007 Fort Lauderdale FL
{Date} {Cityy {State}
1. BORROWER'S PROMISE TO PAY
In return for loan that I have received, I promise to pay U.S, $80,000.00 (this amount is called “Principal"),
plus interest, to the order of the Lender. The Lender is Freedom Mortgage Corporation
15100 SE 99th PL
Ocklawaha, FL 32179
{Property Address]
I will make all payments under this Note in the form of cash, check or money order.
T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder.“
2. INTEREST
Interest will be charged on unpaid principal unti} the full amount of Principal has been paid, I will pay interest at a yearly
rate of 6.375 %
The interest rate required by this Section 2 is the rate I 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.
Twill make my monthly payment on the ist day of each month beginning on February 1, 2008 . Twill
make these payments every month until | 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 interest
before Principal. If, on January 1, 2028 » still owe amounts under this Note, | will pay those amounts in fall on
that date, which is called the "Maturity Date.”
1 will make my monthly payments atP.O. Box 8068, Virginia Beach, VA 23450-8068
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 590.59
4. BORROWER'S RIGHT TO PREPAY
1 have 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 I make a Prepayment, | will tell the Note Holder in writing that | am doing so. | may not designate a
payment as a Prepayment if | have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that | owe under this Note However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If | meke 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.
FLORIDA FIXED RATE NOTE-Singie Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
QD SNF 1005) Form 3240 1/04
© WMP MORTGAGE FoRaNS 00)821.771
Peet ve,5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted 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 8 partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after. the date it is due, I will pay a late charge to the Note Holder, The amount of the charge will be 5.000% of
my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment.
(B) Default
*If do not pay the full amount of each monthly payment on the date it is due, I will be in default.
{C) Notice of Default :
If Tam in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that | owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Hotder will still have the right to do so if 1 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’ fees.
7. GIVING OF NOTICES
Unless applicable law 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 to me at the Property Address above or at a different address if | give the Note
Holder a notice of my different address,
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address,
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs 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 a guarantor, surety 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 to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against cach person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
9 WAIVERS
| and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor" means the
right to require the Note Holder to give natice to other persons that amounts due have not been paid.
Form 3240 1/04
SD SNry {2005} Page 2 ot 3 fonials, ff10, UNIFORM SECURED NOTE
‘This Note 1s a uniform instrument with limited 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 same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this
Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full
of all amounts f owe under this Note. Some of those conditions are described as follows:
If all or any part 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, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shell
> 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 permitted by this Security
Instrument without further notice or demand on Borrower.
11, DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
Qotniewes G 1 Zee ea (Seal)
Patricia Ann Gunter ~Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower “Borrower
(Seal) (Seal)
-Borrower -Borrower
ay of 2OL
“ne Corporation
[Sign Original Only
99938081 a
SD, snr {9005} Page d of 3 Form 3240 1/01EXHIBIT “B”Return To:
Freedom Mortgage Corporation
Attn: Final Documents DAVID R. ELUSPERMANN, CLERK OF COUR MARION COUNTY
P.O. Box 8001
: DATE: 479 38:
Lehane A teede-nead . ATE 12/31/2007 03:38:07 PM
FILE # 2007153906 OR BK 54956 PGS 1641-1658
This document was prepared by: RECORDING FEES 154.50
Freedom Mortgage Corporation
MOR? GOC TAX 29000
BENCHMARK TITLE & ABSTRACT CO INTANS TAX 169.00 VR
410 E BROWARD BLVD STE 1560
FORT LAUDERDALE, FL 33201
{Space Above This Line For Recording Dats]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16,
{A) "Security Instrument” means this document, which is dated December 20, 2007 ‘
together with all Riders to this document,
(B) "Borrower" is Patricia Ann Gunter an unmarried person.
Borrower is the mortgagor under this Security Instrument.
(C) "MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as 8 nominee for Lender and Lender's successors and assigns. MERS is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is Freedom Mortgage Corporation
FLORIDA-Singie Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3010 1/01
BD, BAF) coogi:
feet rom Vaug
MP MORT GAGE FORMS - (800}521-726+Lender is a Corporation
organized and existing under the laws of The State of New Jersey
Lender's address is 907 Pleasant Valley Av Ste 300, Mount Laurel, NJ 08054
(E) "Note" means the promissory noe signed by Borrower and dated December 20, 2007
The Note states that Borrower owes Lender Eighty Thousand and 00/100
Dollars
(U.S. $80,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than January 1, 2028 ’
(F) "Property" means the property that is described below under the heading. “Transfer of Rights in the
Property."
{G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
[J Adjustable Rate Rider [—] Condominium Rider (J Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(s) {specify}
Manufactured Home Rider
(1) “Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
() "Community Association Dues, Fees, and Assessments" means ail dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
{L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section $) for: a
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in liew of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment” means the regularly scheduled amount due for Q) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument
55938082 Rage 0082053927
was
GB, BAIFL) 19005) 01 Page 2 ot 16 ~ Form 3010 1704(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 260) et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time io
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a “federally related mortgage loan” even if the Loan does not qualify as a "federally related mortgage
loan” under RESPA.
(Q) "Successor in Interest of Borrower” means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the suecessors and
assigns of MERS, the following described property located in the County Flype of Recording Jurisdiction}
of Marion [Name of Recording Jurisdiction}:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A. PART HEREOF
Parcel ID Number: 3963002008 which currently has the address of
15100 SE 99th Pi {Street}
Ocklawaha {City}, Florida 32179 {Zip Code}
(“Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary lo comply with law or
custom, MERS (as nominee for Lender and Lender’ s successors and assigns) has the right: to exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security
asirument,
55938082 0082053927
nites
ZDVSAL (000552 Pages ot 18 ~ Form 3010 1/04BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against ali
claims 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 jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its tights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note, (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, 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 any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment
55938082 0082053927
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SD sary 19605) 07 Page 4 of 16 Form 3010 1/01can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of
‘one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the Note.
Aay application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Htems.” At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section, Borrower shail pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement”
is used in Section 9. {f Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails 10 pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 1$ and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law,
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow ftems, unless lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Apphcable law requires interest to be paid on the Funds, Lender shail not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
55938082
Beary {0005} 0+ Page 5 of 16
0082053927
Form 3010 1/01shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shail pay to
Lender the amount necessary to make up the shortage in necordance with RESPA, but in no more than 12
monthly payments. If there is # deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, F ees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement, (b) contests the lien in good faith
, or defends against enforcement of the lien in, legal proceedings which in Lender's ‘opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines thet any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage,” and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts Gneluding deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services, or {b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
55938082 0082053927
nai’
Beary (0065}.07 Page 8 of 18 Form 3010 1/04if Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense, Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
al the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
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 clause, and shall name Lender as
mortgagee and/or as an additionsl loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payce.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
im writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender 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 undertaken
prompily. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
Fequires interest to be paid on suich insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair ig not economically feasible or Lender’ s security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's fights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
55938082 0082053927
‘tats
GZ SAIFL 10008) 02 Page? of 16 fy Form 3010 4/046. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower’ s control
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate 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 or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shail
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
Process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by # lien
which has priority over this Security Instrument; (b) appearing in court, and (c) paying reasonable
attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
‘on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
55938082 Y 0082053927
ina,
sary (9005) 01 Page 8 of 16 ~ Form 3010 1/01Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
‘ment.
If this Security Instrument is on @ leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance im effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in liew of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insuranc
Preview
Filing # 99549363 E-Filed 11/27/2019 12:20:19 PM IN THE CIRCUIT COURT OF THE 5 JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA CIVIL DIVISION: CASE NO.: BAY VIEW LOAN SERVICING, LLC, Plaintiff, VS. PATRICIA ANN GUNTER A/K/A PATRICIA A. GUNTER; JACK GERARD GUNTER: UNKNOWN SPOUSE OF PATRICIA ANN GUNTER A/K/A PATRICIA A. GUNTER; UNKNOWN SPOUSE OF JACK GERARD GUNTER; WILLIAM W. RAYNER; RHONDA D. RAYNER; UNKNOWN TENANT #1 AND UNKNOWN TENANT #2, Defendants. VERIFIED COMPLAINT FOR FORECLOSURE Plaintiff, BAYVIEW LOAN SERVICING, LLC, by and through its undersigned counsel, sues the above referenced Defendants, and alleges the following: COUNTI FORECLOSURE OF MORTGAGE 1. This is an action to foreclose a mortgage on real property in MARION County, Florida. 2. Venue is proper in this jurisdiction as the real property is located in MARION County, Florida. 3. On December 20, 2007, Defendant, PATRICLA ANN GUNTER A/K/A PATRICIA A. GUNTER, executed and delivered a Promissory Note (“Note”). A true and correct copy of said Note is attached hereto as Exhibit “A.” 4. On December 20, 2007, Defendant, PATRICIA ANN GUNTER A/K/A PATRICIA A. GUNTER, executed and delivered a Mortgage recorded December 31, 2007 in Official Records Book 4956, Page 1641 in the official records of MARION County. securing the payment of the Note to the payee named thereon. A true and correct copy of said Mortgage is attached hereto as Exhibit ope 19-03476-F Electronically Filed Marion Case # 19CA002605AX 11/27/2019 12:20:19 PM5. The loan was subsequently modified pursuant to the Loan Modification Agreement(s), which are attached hereto as Exhibit "C." 6. Plaintiff's counsel is in physical possession of the Note endorsed in blank which is the subject of this action and therefore, is the holder of that Note. 7. The property is now owned by Defendants, PATRICIA ANN GUNTER A/K/A PATRICIA A. GUNTER and JACK GERARD GUNTER, who hold possession. 8. There is a default under the terms of the Note, Mortgage and Loan Modification(s) for the March 1, 2019 payment and all subsequent payments due thereafter. 9. Plaintiff declares the full amount payable under the Note, Mortgage and Loan Modification(s) to be due. 10. Plaintiff asserts that all conditions precedent to acceleration of the subject loan and foreclosure of the subject Mortgage, have been performed, have occurred, or were waived. 11. Defendant owes Plaintiff $55,411.94 that is due on principal on the Note, Mortgage and Loan Modification(s), plus interest from February 1, 2019, and title search expenses for ascertaining necessary parties to this suit, escrow shortage, advances, late fees, and costs. 12. As a result of the Defendant(s) default of the terms of the Note, Mortgage and Loan Modification(s), the Plaintiff has been required to retain the undersigned attorneys and is obligated to pay said attorneys a reasonable fee for their services, 13. Defendant, UNKNOWN SPOUSE OF PATRICIA ANN GUNTER A/K/A PATRICIA A. GUNTER, may have or claim an interest in the Property that is the subject of this foreclosure action by virtue of homestead rights, possession, or any right of redemption, or may otherwise claim an interest in the Property. 14, Defendant, UNKNOWN SPOUSE OF JACK GERARD GUNTER, may have or claim an interest in the Property that is the subject of this foreclosure action by virtue of homestead rights, possession, or any right of redemption, or may otherwise claim an interest in the Property. 45. Defendant(s), UNKNOWN TENANT #1, is joined because he/she may claim some interest in the property described by virtue of being in actual possession of same or by virtue of a tenancy at will, but this interest, if any, is subject and inferior to the hen of Plaintiff's Mortgage, is not that of a bona fide tenant, as defined by law, or is otherwise terminable as provided by law. 16. Defendant(s), UNKNOWN TENANT #2, is joined because he/she may claim some interest in the property described by virtue of being in actual possession of same or by virtue of a tenancy at 19-03476-Fwill, but this interest, if any, is subject and inferior to the lien of Plaintiff's Mortgage, is not that of a bona fide tenant, as defined by law, or is otherwise terminable as provided by law. WHEREFORE, Plaintiff prays: a) That this Court will take jurisdiction of this cause, the subject matter and the parties hereto. b) That an accounting may be had and taken under the direction of this Court of what is due the Plaintiff for principal and interest on said mortgage and note, and for the cost, charges and expenses, including attorney's fees and title search cost, and advancements which Plaintiff may be put to or incur in and about this suit. c) That this Court decree that Plaintiff's lien is superior to any and all right, title or interest of the Defendants herein or any person or parties claiming by, through or under them since the institution of the suit. d) That the Defendant(s) are found responsible for same be ordered to pay the Plaintiff herein the amount so found to be due it; that in default of such payments, all right, title, interest, claim, demand, or equity of redemption of the Defendants and all other persons claiming by, through, under or against said Defendants since the filing of the Lis Pendens herein be absolutely barred and foreclosed and that said mortgaged property be sold under the direction of this Court: e) That out of the proceeds of said sale, the amounts due the Plaintiff may be paid so far as same will suffice; and that a deficiency judgment be entered if applicable and only in the event no Order of Discharge of Personal Liability in Bankruptcy has been entered as to any of the Defendants who signed the subject note and mortgage and a writ of possession be issued, COUNT REFORMATION OF WARRANTY DEED 16. This is an action to reform a Warranty Deed that has been recorded in the Public Records of MARION County, Florida. This is an equitable action with no adequate remedy at law. 17. Atall times material to this cause, Defendant owned real property (hereinafter “Property”) in MARION County, Florida, more particularly described as follows: A PORTION OF LOT 8, BLOCK B, CORONADO VILLAGE, AND LYING WITHIN SECTION 22, TOWNSHIP 16 SOUTH, RANGE 24 EAST, MARION COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 19-03476-FFOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 22; THENCE NORTH ALONG THE WEST BOUNDARY OF SAID SECTION 22 A DISTANCE OF 654.36 FEET; THENCE DEPARTING FROM SAID WEST BOUNDARY N.89°S60'16"E. A DISTANCE OF 669.80 FEET; THENCE NORTH A DISTANCE OF 138.89 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF A 60 FOOT WIDE COUNTY ROAD KNOWN AS SE. 99TH PLACE; THENCE EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 305.95 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 814.80 FEET AND A CENTRAL ANGLE OF 12°05'07"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF 171.86 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS S.83°57'26"E. A DISTANCE OF 171.55 FEET TO A POINT ON SAID CURVE; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE S.12°05'07" W. A DISTANCE OF 278.10 FEET; THENCE WEST A DISTANCE OF 448.32 FEET; THENCE N.05°S4'22'E. A DISTANCE OF 291.55 FEET TO THE POINT OF BEGINNING. This is evidenced by a true and correct copy of the Warranty Deed as shown recorded in Official Records Book 1268 at Page 1481, 18. Plaintiff hereby re-alleges and reasserts all of the allegations contained in Count 1 of the Plaintiff's Complaint in this cause, 19. On August 4, 1999, Defendants, WILLIAM W. RAYNER, hereinafter “Grantors” executed a Warranty Deed conveying the real property in question to WILLIAM W. RAYNER and RHONDA D. RAYNER, hereinafter “Grantee”, which was recorded August 20, 1999, in Official Records Book 2686 Page 957 MARION County, Florida. A copy of the Warranty Deed is attached hereto as Exhibit “p”. 20. Inadvertently, and contrary to the clear intentions of the parties to the Warranty Deed a scrivener’s error resulted from mutual mistake. Consequently, the legal description in the deed contained the following incorrect underlined information: A PORTION OF LOT 8, BLOCK B, CORONADO VILLAGE, AND LYING WITHIN SECTION 22, TOWNSHIP 16 SOUTH, RANGE 24 ‘T, MARION COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 22; THENCE NORTH ALONG THE EAST BOUNDARY OF SAID SECTION 22 A DISTANCE OF 654.36 FEET; THENCE DEPARTING FROM SAID EAST BOUNDARY N.89°50'16"E. A DISTANCE OF 669.80 FEET; THENCE NORTH A DISTANCE OF 138.89 FEET TO A POINT ON THE 19-03476-FSOUTHERLY RIGHT OF WAY LINE OF A 60 FOOT WIDE COUNTY ROAD KNOWN AS S.E. 99TH PLACE; THENCE EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 305.95 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 814,80 FEET AND A CENTRAL ANGLE OF 12°05'07"; THENCE EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT A DISTANCE OF 171.86 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS S.83°57'26"E. A DISTANCE OF 171.55 FEET TO A POINT ON SAID CURVE; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY LINE S.12°05'07" W. A DISTANCE OF 278.10 FEET; THENCE WEST A DISTANCE OF 448.32 FEET; THENCE N.05°54'22’E. A DISTANCE OF 291.55 FEET TO THE POINT OF BEGINNING. 21. Based on these errors, the documents may not accurately reflect the intentions of the parties to the Warranty Deed. 22. Equity requires that this Court reform the legal descriptions to conform with the legal description set forth in paragraph seventeen (17) above. 23. The reformation sought will not prejudice any parties to this action. WHEREFORE, Plaintiff requests that the Court reform the legal description in the Warranty Deed to correct the scrivener’s error and to reflect the true intention of the parties. THIS SPACE INTENTIONALLY LEFT BLANK VERIFICATION CONTINUED ON NEXT PAGE 19-03476-FELA.LR. P.1.113(c) VERIFICATION Under penalty of perjury, I declare that I have read the foregoing Complaint, and the facts alleged therein are true and correct to the best of my knowledge and belief. BAYVIEW LOAN SERVICING, LLC Signature / Printed name Document Coordinator Title lt | a la Date Orlando DeLuca, Esq. DELUCA LAW GROUP, PLLC 2101 NE 26" Street Ft. Lauderdale, FL 33305 Phone: (954) 368-1311 Fax: (954) 200-8649 Bar Number: 719501 Email: odeluca @delucalawgroup.com DESIGNATED PRIMARY E-MAIL FOR SERVICE PURSUANT TO FLA. R. JUD. ADMIN 2.516 service @delucalawgroup.com Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. 19-03476-FEXHIBIT “A”MIN : NOTE © uers telephi December 20, 2007 Fort Lauderdale FL {Date} {Cityy {State} 1. BORROWER'S PROMISE TO PAY In return for loan that I have received, I promise to pay U.S, $80,000.00 (this amount is called “Principal"), plus interest, to the order of the Lender. The Lender is Freedom Mortgage Corporation 15100 SE 99th PL Ocklawaha, FL 32179 {Property Address] I will make all payments under this Note in the form of cash, check or money order. T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.“ 2. INTEREST Interest will be charged on unpaid principal unti} the full amount of Principal has been paid, I will pay interest at a yearly rate of 6.375 % The interest rate required by this Section 2 is the rate I 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. Twill make my monthly payment on the ist day of each month beginning on February 1, 2008 . Twill make these payments every month until | 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 interest before Principal. If, on January 1, 2028 » still owe amounts under this Note, | will pay those amounts in fall on that date, which is called the "Maturity Date.” 1 will make my monthly payments atP.O. Box 8068, Virginia Beach, VA 23450-8068 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 590.59 4. BORROWER'S RIGHT TO PREPAY 1 have 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 I make a Prepayment, | will tell the Note Holder in writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that | owe under this Note However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If | meke 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. FLORIDA FIXED RATE NOTE-Singie Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT QD SNF 1005) Form 3240 1/04 © WMP MORTGAGE FoRaNS 00)821.771 Peet ve,5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted 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 8 partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after. the date it is due, I will pay a late charge to the Note Holder, The amount of the charge will be 5.000% of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default *If do not pay the full amount of each monthly payment on the date it is due, I will be in default. {C) Notice of Default : If Tam in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that | owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Hotder will still have the right to do so if 1 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’ fees. 7. GIVING OF NOTICES Unless applicable law 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 to me at the Property Address above or at a different address if | give the Note Holder a notice of my different address, Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs 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 a guarantor, surety 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 to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against cach person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9 WAIVERS | and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor" means the right to require the Note Holder to give natice to other persons that amounts due have not been paid. Form 3240 1/04 SD SNry {2005} Page 2 ot 3 fonials, ff10, UNIFORM SECURED NOTE ‘This Note 1s a uniform instrument with limited 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 same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts f owe under this Note. Some of those conditions are described as follows: If all or any part 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, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shell > 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 permitted by this Security Instrument without further notice or demand on Borrower. 11, DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED Qotniewes G 1 Zee ea (Seal) Patricia Ann Gunter ~Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower “Borrower (Seal) (Seal) -Borrower -Borrower ay of 2OL “ne Corporation [Sign Original Only 99938081 a SD, snr {9005} Page d of 3 Form 3240 1/01EXHIBIT “B”Return To: Freedom Mortgage Corporation Attn: Final Documents DAVID R. ELUSPERMANN, CLERK OF COUR MARION COUNTY P.O. Box 8001 : DATE: 479 38: Lehane A teede-nead . ATE 12/31/2007 03:38:07 PM FILE # 2007153906 OR BK 54956 PGS 1641-1658 This document was prepared by: RECORDING FEES 154.50 Freedom Mortgage Corporation MOR? GOC TAX 29000 BENCHMARK TITLE & ABSTRACT CO INTANS TAX 169.00 VR 410 E BROWARD BLVD STE 1560 FORT LAUDERDALE, FL 33201 {Space Above This Line For Recording Dats] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16, {A) "Security Instrument” means this document, which is dated December 20, 2007 ‘ together with all Riders to this document, (B) "Borrower" is Patricia Ann Gunter an unmarried person. Borrower is the mortgagor under this Security Instrument. (C) "MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as 8 nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is Freedom Mortgage Corporation FLORIDA-Singie Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3010 1/01 BD, BAF) coogi: feet rom Vaug MP MORT GAGE FORMS - (800}521-726+Lender is a Corporation organized and existing under the laws of The State of New Jersey Lender's address is 907 Pleasant Valley Av Ste 300, Mount Laurel, NJ 08054 (E) "Note" means the promissory noe signed by Borrower and dated December 20, 2007 The Note states that Borrower owes Lender Eighty Thousand and 00/100 Dollars (U.S. $80,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1, 2028 ’ (F) "Property" means the property that is described below under the heading. “Transfer of Rights in the Property." {G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [J Adjustable Rate Rider [—] Condominium Rider (J Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) {specify} Manufactured Home Rider (1) “Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. () "Community Association Dues, Fees, and Assessments" means ail dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. {L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section $) for: a damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in liew of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment” means the regularly scheduled amount due for Q) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument 55938082 Rage 0082053927 was GB, BAIFL) 19005) 01 Page 2 ot 16 ~ Form 3010 1704(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 260) et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time io time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a "federally related mortgage loan” under RESPA. (Q) "Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the suecessors and assigns of MERS, the following described property located in the County Flype of Recording Jurisdiction} of Marion [Name of Recording Jurisdiction}: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A. PART HEREOF Parcel ID Number: 3963002008 which currently has the address of 15100 SE 99th Pi {Street} Ocklawaha {City}, Florida 32179 {Zip Code} (“Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary lo comply with law or custom, MERS (as nominee for Lender and Lender’ s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security asirument, 55938082 0082053927 nites ZDVSAL (000552 Pages ot 18 ~ Form 3010 1/04BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against ali claims 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 jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its tights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note, (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, 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 any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 55938082 0082053927 inti SD sary 19605) 07 Page 4 of 16 Form 3010 1/01can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of ‘one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Aay application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Htems.” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, Borrower shail pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement” is used in Section 9. {f Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails 10 pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 1$ and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow ftems, unless lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Apphcable law requires interest to be paid on the Funds, Lender shail not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 55938082 Beary {0005} 0+ Page 5 of 16 0082053927 Form 3010 1/01shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shail pay to Lender the amount necessary to make up the shortage in necordance with RESPA, but in no more than 12 monthly payments. If there is # deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, F ees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement, (b) contests the lien in good faith , or defends against enforcement of the lien in, legal proceedings which in Lender's ‘opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines thet any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts Gneluding deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services, or {b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 55938082 0082053927 nai’ Beary (0065}.07 Page 8 of 18 Form 3010 1/04if Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest al the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. 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 clause, and shall name Lender as mortgagee and/or as an additionsl loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payce. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree im writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender 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 undertaken prompily. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law Fequires interest to be paid on suich insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair ig not economically feasible or Lender’ s security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's fights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 55938082 0082053927 ‘tats GZ SAIFL 10008) 02 Page? of 16 fy Form 3010 4/046. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower’ s control 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate 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 or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shail promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application Process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by # lien which has priority over this Security Instrument; (b) appearing in court, and (c) paying reasonable attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned ‘on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 55938082 Y 0082053927 ina, sary (9005) 01 Page 8 of 16 ~ Form 3010 1/01Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting ‘ment. If this Security Instrument is on @ leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance im effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in liew of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insuranc