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Filing # 97065147 E-Filed 10/10/2019 03:43:51 PM
BAYVIEW LOAN SERVICING, LLC, IN THE CIRCUIT COURT OF THE
Plaintiff, 5TH JUDICIAL CIRCUIT, IN AND FOR
vs. MARION COUNTY, FLORIDA
UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, CIVIL DIVISION
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES CASE NO.:
AND ALL OTHERS WHO MAY CLAIM AN
INTEREST IN THE ESTATE OF BARBARA
CASTRO A/K/A BARBARA A. CASTRO A/K/A
BARBARA ANN CASTRO, et al.,
Defendants.
NOTICE OF FILING
PLEASE TAKE NOTICE that the Plaintiff, BAY VIEW LOAN SERVICING, LLC, has filed herewith:
© CERTIFICATION OF ORIGINAL NOTE
Choice Legal Group, P.A.
P.O. Box 771270
Coral Springs, Florida 33077
Telephone: (954) 453-0365
Facsimile: (954) 771-6052
Toll Free: 1-800-441-2438
DESIGNATED PRIMARY EMAIL FOR SERVICE
PURSUANT TO FLA. R. JUD. ADMIN 2.516
eservice@clegalgroup.com
By:
: LA.
Joanne Galipspi Esq
Bar Numbgr7S8935
Elegtgiically Filed Marion Case # 19CA002257AX 10/10/2019 03:43:51 PMCERTIFICATION OF POSSESSION OF ORIGINAL NOTE
‘The undersigned hereby certifies:
moa
“That plaintiff's counsel is in possession of the original promissory note upon which this action is brought.
The original promissory note was executed by BARBARA CASTRO and payable to JPMORGAN CHASE
BANK.N.A.
The location of the original promissory note is: CHOICE LEGAL GROUP, PA - 1999 NORTH
UNIVERSITY DRIVE, SUITE 204, CORAL SPRINGS, FL 33071
‘The name and title of the person giving the certification is: ADRIANNE MOBLEY: MAIL CLERK
‘The name of the person who personally verified such possession is: ADRIANNE MOBLEY.
The time and date on which possession was verified were: SEPTEMBER 3, 2019 AT 12:15 PM
Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the
note) are attached to this certification.
I give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and
that the facts stated in it are true.
on SEPTEMBER 3, 2019
(Person Signing Certification)
19-0301sect
t
EXHIBIT_}\_
NOTE
October 07, 2009 OCALA Florida
{Daie] {City] [State]
812 SE 23 STREET
OCALA, FL 34471
Tear Ae
1, BORROWER'S PROMISE TO PAY
In return for a loan that | have received, | promise to pay U.S. $110, 400.00 {this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is JPMorgan Chase Bank, N.A.
I will make all payments under this Note in the form of cash, check or money order.
{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 until the full amount of Principal has been paid. | will pay interest at a yearly
rate of 5.750 %.
1 interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B)
of this Note
3. PAYMENTS
(A) Time and Place of Payments
| will pay principal and interest by making a payment every month
1 will make my monthly payment on the 1st. day of each month beginning on December 01, 2009 — . | will
make these payments every month until I have paid all of the principal and interest and any other charges described below that |
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, onNovember 01, 2039 , Ustill owe amounts under this Note, 1 will pay those amounts in full on
that date, which is called the "Maturity Date.”
Twill make my monthly payments at P.O. Box 78420, Phoenix, AZ 85062-8420
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. $ 644.27
4, BORROWER'S RIGHT TO PREPAY
Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment." When I make a Prepayment, | will tell the Note Holder in writing that am doing so. | may not designate
payment as a Prepayment if | have not made all the monthly payments due under the Note.
| 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 | make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
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Wolters Gawar Financia Services
Troon5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximuin loan charges, is finally interpreted so that the interest or other
Joan 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. Ifa refund reduces Principal, the reduction will be treated
as a partial Prepayment.
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days
after the date it is due, | will pay a late charge (o the Note Holder. The amount of the charge will be 5.000% of
my overdue payment of principal and interest. I 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, { will be in default.
(©) Notice of Default
If | am in default, the Note Holder may send me a written notice telling me that if { do not pay the overdue amount by @
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the 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 | am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if | am in default at a later time.
(&) 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 I give the Note
Holder a notice of my different address.
‘Any notice that must be given to the Nate 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 | 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, ineluding 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 aver 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 each 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
1 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 notice to other persons that amounts due have not been paid,
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|10, UNIFORM SECURED NOTE
This Note is 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 "Seourity Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which I 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 | 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 a 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 shall
provide a period of not Jess 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 seouring this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
(Seal) (Seal)
BARBARA CASTRO -Borrower Borrower
(Seal) (Seal)
“Borrower Borrower
(Seal) (Seal)
Borrower “Bocrower
(Seal) (Seal)
Porrower “Borrower
[Sign Original Only]
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