Preview
0703
IN THE CIRCUIT COURT OF THE NINTH
JUDICLSL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
CrVIL ACTION
WELLS FARGO BANK, NA,
Plaintiff,
CASE NO.
vs. DIVISION
BERT L. BILL; THE UNKNOWN SPOUSE OF BERT L. BILL; ANY AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN
PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER
CLAIMANTS; WACHOVIA BANK, NATIONAL ASSOCIATION; S.C.O. CONDOMINIUM
ASSOCLATION, INC.; TENANT #1, TENANT #2, TENANT #3, and TENANT #4 the names being fictitious
to account for parties in possession c-> 4> f-j
Defendant(s). ^ji; ^^-^—co
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MORTGAGE FORECLOSURE COMPLAINT
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Plaintiff,WELLS FARGO BANK, NA, sues Defendants, BERT L. BILL, THE UNKNffiVN S^USg:::^
OF BERT L. BILL; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUSJW-^NDER; AND^j?
AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWT5 TO Bl^EAD
OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS,
DEVISEES, GRANTEES, OR OTHER CLAIMANTS; WACHOVLA BANK, NATIONAL ASSOCIATION;
S.C.O. CONDOMINIUM ASSOCL\TION, INC.; TENANT #1, TENANT #2, TENANT #3 and TENANT #4 the
names being fictitious to account for parties in possession, and alleges:
COUNT I - MORTGAGE FORECLOSURE
1. This is an in rem action to foreclosea mortgage on real property located and situated in ORANGE
County, Florida.
2. This firm has complied with the notice requirement ofthe Fair Debt Collection Practices Act, 15
U.S.C. § 1692, et seq, as amended. The Notice(s) previously mailed by the firm is attached hereto andincorporated
herein as an Exhibit.
FILE NUMBER: F08040824 DOC ID: M000100
3. On October 31, 2005, there was executed and dehvered a Promissory Note ("Mortgage Note") and a
Purchase Money Mortgage ("Mortgage") securing the payment ofthe Mortgage Note. The Mortgage was recorded on
November 7, 2005, in OfBcial Records Book 8290 at Page 994, ofthe Public Records of ORANGE County, Florida,
(All subsequent recording references are to the pubhc records of ORANGE County, Florida) and mortgaged the real and
personal property ("Property") described therein, then owned by and in possession ofthe Mortgagor(s). A copy ofthe
original Mortgage is attached hereto and incorporated herein as an Exhibit.
4. Plaintiff is now the holder oftheMortgage Note and Mortgage.
5. The Property is now owned of record by Defendant(s), BERT L. BILL.
6. The Mortgage Note and Mortgage are in default. The required installment payment of February I,
2008, was not paid, and no subsequent payments have been made. The Mortgage is contractually due for the
February 1, 2008, payment. The lastpayment received was applied to the January 1, 2008, installment, and no
subsequent payments have been applied to the loan.
7. Plaintiff declares the Bill amount payable imder the Mortgage Note and Mortgage to be now due.
8. Plaintiff must be paid $302,050.03 in principal on the Mortgage Note and Mortgage, together with
interest from January 1, 2008, late charges, and all costs of collection including title search expenses for ascertaining
necessary parties to this action and reasonable attomey's fees.
9. All conditions precedent to the acceleration ofthe Mortgage Note and foreclosure ofthe Mortgage
have been performed or have occurred.
10. Plaintiffhasretained the law firm ofFlorida Default Law Group, P.L., in this action and is obUgated
to pay it a reasonable fee for its services in bringing this action as well as all costs of collection.
11. The mterests of each Defendant are subject, subordinate, and inferior to the right, title, interest, and
lien of PlaintifTs Mortgage with the exception of any special assessments that are superior pursuant to Florida
Statutes § 159 (2006) and Florida Statutes § 170.09 (2006).
12. THE UNKNOWN SPOUSE OF BERT L. BILL 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.
13. WACHOVL\ BANK, NATIONAL ASSOCLATION may have or claim an interest in tiie Property
that is the subjectof this Foreclosure action by virtue of a Mortgage recorded in OfBcial Records Book 8907, Page
2151, or may otherwise claim an interest in the Property.
14. S.C.O. CONDOMINIUM ASSOCLATION, INC. may have or claim an interest m the Property tfiat is
the subject of thisForeclosure acrion by virtue of any unpaid condominium assessments levied pursuant to the
Declaration of Condominium and any interest acquired pursuant to Chapter 718 F:S., or may othenvise claim an interest
in the Property.
15. TENANT #1, TENANT #2, TENANT #3 and TENANT #4, tfie names being Bctirious to account
for parties in possession may claim some interest in the Property that is the subject ofthis
foreclosure action by virtue of
an unrecorded lease or purchase oprion, by virtue of possession, or may otherwise claim an interest in the Property.
The
names of these Defendants are unknown to the Plaintiff
WHEREFORE, PlaintifF requests that the Court ascertain the amount due PlaintifF for principal and interest on
the Mortgage Note and Mortgage and for late charges, abstracting, taxes, expenses and costs, including attomey's fees,
plus interest thereon; that if the sums due PlaintifF under the Mortgage Note and Mortgage are not paid immediately, the
Court foreclose the Mortgage and the Clerk ofthe Court sell the Property securing the indebtedness to satisfy
Plaintiffs
mortgage lien in accordance with the provisions ofFlorida Statutes §45.031 (2006); that the rights, title and interest of
any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereafter made a
Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues,
income and profitsthereof,or in the altemative, order sequestration of rents,issues, income and profits pursuant to
Florida Statutes §697.07 (2006); and that the Court retain jurisdiction ofthis
action to make any and all further orders
and judgments as may be necessary and proper, mciuding the issuance of a writ of possession and the entry of a
deficiency decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in
bankmptcy.
COUNT II - RE-ESTABLISHMENT OF NOTE
16. This isan action to re-establish a lost Mortgage Note pursuant to Florida Statutes §673.3091
(2006).
17. Plaintiff incorporates by reference the allegations previous pled as Billy set forth herein.
18. The Plaintiff and the Defendants named herein are the only persons known to Plaintiff to have an
interest for or against the re-establishment ofthe
Mortgage Note.
19. PlaintifF was in possession ofthe Mortgage Note and entitled to enforce it when loss of possession
occurred or Plaintiff has been assigned the right to enforcethe Mortgage Note. (Plaintiff does not presently have a
copy ofthe note, but is seeking to obtain a copy, and will file a copy with the Court when obtained.)
20. The terms ofthe Note are as follows:
a. Original loan amount: $311,440.00
b. Amount of monthly principal and interest payment: $ 1,768.32
c. Interest rate: 5.500%
d. Loan beginning date: October 31,2005
21. At some time between October 31, 2005, and the present, the Mortgage Note has either been lost or
destroyed and the PlaintifFis imable to state the maimer in which this occurred. After due and diligent search,
Plaintiffhas been unable to obtain possession ofthe Mortgage Note.
22. The Mortgage Note has not been seized or transferred by Plaintiff.
WHEREFORE, Plaintiffrequests that the Court re-establishthe Mortgage Note which this Mortgage
secures.
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-^18
(813)251-4766
Lindsey Diehl
Florida Bar No. 27688
Colleen E. Lehmann
Florida Bar No. 33496
Anne M. Cmz-Alvarez
Florida Bar No. 17140
NMNC-SPECFHLMC-R-ejayska
FLORIDA DEFAULT LAW GROUP, P.L.
ATTORNEYS AT LAW
9119 CORPORATE LAKE DRIVE
3^ FLOOR
TAMPA, FLORJDA 33634
Please reply to: Telephone (813) 251-4766
Post Oflfice Box 25018 Telefax (813) 251-1541
Tampa, FL 33622-5018
May 19,2008
BERT BILL
100 S EOLA DRIVE UNIT 903
ORLANDO, FL 328012897
Re:
Loan Number: 0051426831
Mortgage Servicer WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO
WELLS FARGO HOME MORTGAGE, INC.
Creditor to whom WELLS FARGO BANK, NA
the debt is owed:
Property Address: 100 EOLA AVENUE S, ORLANDO, FL 32801
Our File No.: F08040824
Dear Borrower:
The law firm ofFlorida Default Law Group, P.L. (hereinafter referred to as "law firm") has been retained to
represent WELLS FARGO BANK, NA with regards to its interests in the promissory Note and Mortgage executed
by BERT BILL on October 31, 2005. Pursuant to the terms ofthe promissory Note and Mortgage, our client has
accelerated all sums due and owing, which means that the entire principal balance and all other sums recoverable
under the terms ofthe promissory Note and Mortgage are now due.
As ofthe date of this letter, the amount owed to our client is $308,687.13, which includes the unpaid
principal balance, accmed interest tfirough today, late charges, and other default-related costs recoverable under the
terms ofthe promissory Note and Mortgage. Additional interest will accme after the date ofthisletter.
This correspondence is being sent to comply with the Fair Debt Collection Practices Act and should not be
considered a payoff letter. Our client may make advances and incur fees and expenses after the date ofthis letter
which are recoverable under the terms ofthe promissory Note and Mortgage. Therefore, ifyou wish to receive
figures to reinstate (bring your loan current) or pay off your loan through a specific date, please contact this law firm
at (813) 251-4766 or cUent.services@defaultlawfl.com.
Unless you notify this law firm within thirty (30) days after your receipt ofthis
letter that the validity of
this debt, or any portion thereof, is disputed, this law firm will assume that the debt is valid.
Ifyou do notify this
law firm in writing within thirty (30) days after receipt ofthis
letter that the debt, or any portion thereof, is disputed.
FILE NUMBER: F08040824 DOC ID: M005104
this law firm will obtain verification
ofthe debt or a copy of the judgment against you, if any, and mail it to you.
Also, upon your written request within thirty (30) days after your receipt ofthisletter, this law firm will provide you
with the name and address ofthe original creditor, if different from the current creditor.
Florida Default Law Group,
P.L. is a debt collector.This law firm is attempting to collect a debt, and any informationobtained will be used for
that purpose.
All written requests should be addressed to Lindsey Diehl, Florida Default Law Group, P.L., P.O. Box
25018, Tampa, Florida 33622-5018.
This law firm is in the process of filing a Complaint on the promissory Note and Mortgageto foreclose on
real estate.The advice in this letter pertains to your dealings with this law firm as a debt collector.
It does notaffect
your dealings with the Court, and in particular, it does not change the time at which you must answer the Complaint.
The Summons is a command from the Court, not from this law firm, and you must follow its instmctions even ifyou
dispute the validity or amount ofthe debt. The advice in this letter also does not affect this law firm's relations with
the Court. This law firm may file papers in the suit according to the Court's mles and the judge's instmctions.
Finally, ifyoupreviously received a discharge in a bankraptcy involving this loan and did not sign a
reaffirmation agreement, then this letter is not an attempt to collect a debt from you personally.
This law firm is
seeking solely to foreclose the creditor's lien on real estate and this law firm will not be seeking a personal money
judgment against you.
Ifyou have questions regarding this matter, please do not hesitate to contact this law firm.
Florida Defauh Law Group, P.L.
Attomeys for WELLS FARGO BANK, NA
LINDSEY DIEHL
NOTICE
Florida Default Law Group, P.L. is a debt collector. This Firm is attempting to collect a
debt, and information obtained may be used for the purpose.
Retum To: W. Scott Callahan, Esq. INSTR 20050754388
/•••
Stump, Storey, Callahan, Dietrich & Spears OR BK 08290 PG 0994 PGS=24
37 N. Orange Avenue, Suite 200 MftRTHfl 0. HflYNIE, COMPTROLLER
P. O. Box 3388 ORANGE COUNTY, FL
Orlando, FL 32802-3388 11/07/2005 01:30:18 PM
MTG DOC TftX 1,090.25
INTANG TftX 622.88
REC FEE 205.50
This document was prq)ared by:
HELLS FARGO BANK, N.A.
2600 LAKE LUCIEN DR,, MAITLAND,
FL 327517233
TRENNA AMERSON
[Space Above This Line For Recording Data]-
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defmed below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certainmles regarding the usage of words used in this document are
also provided in Section16.
(A) "Security Instrument" means tfiis document, which is dated OCTOBER 31, 2005
together with all Riders to this document.
(B) "Borrower" is BERT L. BILL, A SINGLE PERSON
Borrower is the mortgagor under this SecurityInstrument.
(C) "Lender" is WELLS FARGO BANK, N.A.
Lender is aNATIONAL ASSOCIATION
organized and existing under the laws ofTHE UNITED STATES
0051426831
FLX>RIOA-Single Family-Fannie Mae/Freddie (Viae UNIFORAfI tIMSTRUiVIByiT Fonn 3010 1/01
4 ^ ^ - 6 < F L ) (OOOS)
P a j e l of 16 MB.
Initials:
VMP MORTGAGE FORMS - (800)521-7291
Book8290/Page994 CFN#20050754388 Page 1 of 24
Lender's address is P.O. BOX 10304, DES MOINES, IA 503060304
Lender is the mortgagee under this SecurityInstrument.
(D) "Note" means tfie promissory note signed by Borrower and datedOCTOBER 31, 2005
The Note states tfiat Borrower owes Lender THREE HUNDRED EI£VEN THOUSAND FOUR HUNDRED
FORTY AND 00/100 Dollars
(U. S. $ * * * * 3 1 1 , 4 4 0 . 0 0
) plus interest.
Borrower has promised to pay this debt in regularPeriodic
Payments and to pay tfie debt in full not later than
NOVEiffiER 01, 2035
(E) 'Property" means the property thatis described below under the heading "Transfer of Rights in the
Property."
(F) "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 Instmment,plus interest.
(G) "Riders" means allRiders to thisSecurity Instmment that are executed by Borrower. The foUowing
Riders are to be executed by Borrower [check box as applicable]:
LxJ Adjustable Rate Rider LxJ Condominium Rider L_J Second Home Rider
LJ Balloon Rider LJ Planned Unit Development Rider LJ 1-4 Family Rider
CJ VA Rider C U Biweekly Payment Rider LJ Otfier(s)[specify]
(H) "Applicable Law" means all controlling applicable federal,state and local statutes,regulations,
ordinances and administrative mles and orders (that have the effectof law) as wellas all applicablefinal,
non-apf»ealab!e judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues,fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J) "Electronic Funds Transfer" means any transferof funds, other than a transaction originated by
check, draft,or similar paper instmment, which is initiatedthrough an electronicterminal, telephonic
instmment, computer, or magnetic tape so as to order,
instmct. or authorize a financial
institution to debit
or credit an account. Such term includes, but is not limitedto, point-of-saletransfers,automated teller
machine transactions,transfers initiatedby telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement,award of damages, or proceeds paid
by any third party (other than insurance proceeds paid unda- the coverages describedin Section 5) for:(i)
damage to, or destruction of, the Projjerty;(ii)condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieuof condemnation; or (iv) misrepresentationsof,or omissions as to,the
value and/or condition of the Propertj'.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of,or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for {i) principaland interestunder the
Note, plus (ii) any amounts under Section 3 of this Security
Instmment.
<^^-6(FL) (0005) Page2of16
.ALB- Fom)3010 1/01
"
Book8290/Page995 CFN#20050754388 Page 2 of 24
(O) "RESPA" means the Real Estate Settiement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
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 "federallyrelated mortgage loan" even if the Loan does not qualify as a "federallyrelatedmortgage
loan" under RESPA.
(P) "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 Instmment.
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
Lender, the following described property located in theCOUNTY IT>'pe of Recording Jurisdiction]
of ORANGE [NameofRecordingJurisdiction];
•SEE ADJUSTABLE RATE RIDER
THIS IS A PURCHASE MONEY SECURITY INSTRUMENT.
TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX
10304, DES MOINES, IA 503060304
Parcel ID Number: which currently has the address of
100 S EOLA AVENUE #903 [Street]
ORLANDO tCity], Florida32801 {Zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the projjoty, and all
easements, appurtenances, and fixturesnow or hereaftera part of the property. All replacements and
additions shall alsobe covered by thisSecurity Instrament. All of the foregoing is referred to in this
Security Instmment as the "Property."
. ^
4S>-6(FL)(0005) P a g e s of 16 Form 3010 1/01
Book8290/Page996 CFN#20050754388 Page 3 of 24
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby
convqred and has
the right to mortgage, grant and convey the Property and thatthe Property is unencumbered, except for
encumbrances of record.Borrower warrants and will defend generallythe tiUe to the Property againstall
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limitedvariations by jurisdictionto constitutea 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 shallpay when due the principal of, and intereston, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shaU also pay funds forEscrow Items
pursuant to Section 3.Payments due under the Note and thisSecuritj'Instrument shallbe made in U.S.
currency. However, if any check or other instmment received by Lender as payment imder the Note or this
Securit>' Instmment is returaedto Lender unpaid. Lender may require that anyor all subsequent payments
due under the Note and this Security InsUument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c)certifiedcheck, bank check, treasurer's check or
cashier's check, provided any such check isdrawn upon an institution
whose d^wsits are insured by a
federal agency, instrumentality,or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender when received at the locationdesignated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section
15.
Lcndo" may retum any payment or partialpayment ifthe payment or partialpayments are insufficient to
bring the Loan current. Lenda- may accept any payment or partial payment insufficientto bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refiise
such payment or partial
payments in the future, but Lender is not obligatedto apply such payments al the time such payments are
accepted. Ifeach Periodic Payment is applied as of itsscheduled 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 jjeriod of time. Lender shall eithCT apply
such funds or retum them to Borrower. If not applied earliCT, such funds will be applied to the outstanding
principal balance undCT the Note immediately prior to foreclosure. No offset or claim which BorroWCT
might have now or in the futureagainst LendCT shall relieve BorrowCT from making payments due undCT
the Note and this Security Instmment or performing the covenants and agreements secured by this Security
Instmment.
2. Application of Payments or Proceeds. Except as otherwise described in thisSection 2, all
payments accepted and appliedby LendCT shall be applied in the following ordCT of priority:(a) intCTest
due undCT the Note; (b) principaldue undw the Note; (c) amounts due undCT Section 3. Such payments
shallbe applied toeach Periodic Payment in the ordCT inwhich itbecame due. Any remaining amounts
shaU be applied firstto late charges,second to any other amounts due undCT this Security Instrument, and
then to reduce the principal balance of the Note.
If LendCT receives a payment from BorrowCT for a delinquent PCTiodic Payment which includes a
sufficientamount lo pay any late charge due, the payment may be appliedto the delinquent payment and
the late charge.If more than one PCTiodic Payment is outstanding,LendCT may apply any payment received
from BorrowCT to the repayment of the PCTiodic Payments if, and to the extent that, each payment
<^fe-6(FL)(O005) Ra9e4o(16
.:4ia-
' Foim 3 0 1 01/01
Book8290/Page997 CFN#20050754388 Page 4 of 24
can be paid in full.To the extent that anyexcess exists aftCT 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.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due undCT
the Note shall not extend or postpone the due date, or change the amount,
of the Periodic Payments.
3. Funds for Escrow Items. BOITOWCT shallpay to Lender on the day Periodic Payments are due
undCT 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 othw items which can attain priorityOVCT this SecurityInstmmait as a
lien or encumbrance on the Property; (b) leaseholdpayments or ground rents on the Property,if any; (c)
premiums for any and allinsurance required by LendCT undCT Section 5; and (d)Mortgage Insurance
premiums, ifany, or any sums payable by BorrowCT to LendCT in lieu of the paymait of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At originationor at any time during the term of the Loan, LendCT may require thatCommunity
Association Dues, Fees, and Assessments, if any, be escrowed by BorrowCT, and such dues, fees and
assessments shall be an ESCTOW Item. BorrowCT shall promptly furnish lo LendCT all notices of amounts to
be paid undCT this Section.BorrowCT shall pay LendCT the Funds for Escrow Items unless LendCT waives
BorrowCT's obligation to pay the Funds for any or all Escrow Items. LendCT may waive BOFTOWCT'S
obligation to pay to LendCT Funds for any or all ESCTOW Items at any time. Any such waivCT may only be
in writing.In the event of such waivCT, BorrowCT shall pay directly,
when and whCTe payable, the amounts
due for any ESCTOW Items for which payment of Funds has been waived by LendCT and, if LendCT requires,
shallfurnish to Lender receipts evidencing such payment within such time pwiod as LendCT may require.
BorrowCT' s obligationto 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 "covoiantand agreement"
is used in Section 9. If BorrowCT is obligated to pay Escrow Items directly,pursuant to a waivCT, and
BorrowCT fails lo pay the amount due for an ESCTOW Item, LendCT may exCTcise its rightsundCT Section 9
and pay such amount and BorrowCT shall then be obligated undCT Section 9 to repay to LendCT any such
amount. Laider may revoke the waivCT as to any or allEscrow Items atany time by a notice given in
accordance with Section 15 and, upon such revocation, BorrowCT shall pay to LendCT all Funds, and in
such amounts, that are then required undCT this Section 3.
LendCT may, at any time, collect and hold Funds in an amount (a) sufficient
to f)ermit Lendw to apply
the Funds at the time sjjecified
undCT RESPA, and (b) not to exceed the maximum amount a lendCT can
require undCT RESPA. LendCT shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future. ESCTOW Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institutionwhose deposits are insured by a fedwal agaicy,
instrumentality,or entity(including LendCT, if LendCT is an institution whose dejxjsits
are so insured) or in
any FedCTal Home Loan Bank. LendCT shall apply the Funds to pay the ESCTOW Items no latCT than the time
specified under RESPA. LendCT shall not charge BOTTOWCT for holding and applying the Funds, annually
analyzing the escrow account, or vCTifying the Escrow Items, unless LendCT pays BOTTOWCT intCTest on the
Funds and Applicable Law permits LendCT to make such a charge. Unless an agreement is made in writing
or Applicable Law requires intCTest to be paid on the Funds, LendCT shall not be required to pay BOTTOWCT
any intCTest oreamings on the Funds. Borrower and LendCT can agree in writing, howevCT, thatintCTest
_ Initia&jtiZ-p—
<^>.6(Fl.)(0005) P&ge5o(16 1=omi 3010 1/01
Book8290/Page998 CFN#20050754388 Page 5 of 24
shallbe paid on the Funds. LendCT shall give to BOTTOWCT, without charge, an annual accounting of the
Funds as required by RESPA.
IfthCTC is a surplus of Funds held in escrow, as defined undCT RESPA, LendCT diall account to
BorrowCT for the excess funds in accordance with RESPA. If thwe is a shortage of Funds held in escrow,
as definedundCT RESPA, LendCT shall notify BOTTOWCT as required by RESPA, and BOTTOWCT diall pay to
LendCT the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If ihCTe is a deficiency
of Fimds held in escrow, as defined undCT RESPA, LendCT shall
notify BOTTOWCT as required by RESPA, and BOTTOWCT shall pay to LendCT the amount necessary tomake
up the deficiencyin accordance wilh RESPA, but in no more than 12 monlhly payments.
Upon payment in full
of all sums secured by this SecurityInstrument, LendCT shall promptly refund
to BOTTOWCT any Funds held by LendCT.
4. Charges; Liens. BOTTOWCT shallpay all taxes, assessments, charges, fines, and imp)ositions
attributable to the Property
which can attain priorit>' over
this SecurityInstrument, leasehold payments or
ground rents on the Property,if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent thai these items are Escrow Items, BOTTOWCT shall pay them in the mannCT provided in Section 3.
BOTTOWCT shall promptly discharge any lien which has priority over thisSecurity Instrument imless
BorrowCT; (a) agrees in writing to the payment of the obligation secured by the lien in a mannCT acceptable
to LendCT, but only so long as Borrower is performing such agreement; (b) contests the lien in good
faith
by, or defends against enforcement of the lienin,legal proceedings which in LendCT's opinion opCTate to
prevent the enforcement of the lienwhile those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holdCT of the lien an agreement
satisfactoryto LendCT subordinating
the liento this SecurityInstmment, If LendCT determines that any part of the Projjerty
is subject toa lien
which can attain priorityOVCT this Security Instrument,LendCT may give BOTTOWCT a notice identifying the
lien.Within 10 days of the dale on which that notice is given, BorrowCT shall satisfy
the lien or take one or
more of the actions set forth
above in this Section 4.
LendCT may require BOTTOWCT to pay a one-time charge for a real estate tax verificationand/or
reporting service used by LendCT in connection with this Loan.
5. Property Insurance. BorrowCT shall keep the improvements now existing or hCTeaftCT CTected on
the Property insured against loss by fire,hazards included within the term "extended covo-age," and any..
OthCT hazards including, but not limitedlo, earthquakes and floods, for which LendCT requires insurance.
This insurance shallbe maintained in the amounts (including deductible levels)and for the periods that
LendCT requires. What LdndCT requires pursuant to the preceding sentoices can change during the term of
the Loan. The insurance carriCT providing theinsurance shall be chosen by BorrowCT subject to LendCT's
Preview
0703 IN THE CIRCUIT COURT OF THE NINTH JUDICLSL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CrVIL ACTION WELLS FARGO BANK, NA, Plaintiff, CASE NO. vs. DIVISION BERT L. BILL; THE UNKNOWN SPOUSE OF BERT L. BILL; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; WACHOVIA BANK, NATIONAL ASSOCIATION; S.C.O. CONDOMINIUM ASSOCLATION, INC.; TENANT #1, TENANT #2, TENANT #3, and TENANT #4 the names being fictitious to account for parties in possession c-> 4> f-j Defendant(s). ^ji; ^^-^—co / >>:3R;—. rvj Zzzzzs MORTGAGE FORECLOSURE COMPLAINT o—5? ~0 CZCZ) Plaintiff,WELLS FARGO BANK, NA, sues Defendants, BERT L. BILL, THE UNKNffiVN S^USg:::^ OF BERT L. BILL; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUSJW-^NDER; AND^j? AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWT5 TO Bl^EAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; WACHOVLA BANK, NATIONAL ASSOCIATION; S.C.O. CONDOMINIUM ASSOCL\TION, INC.; TENANT #1, TENANT #2, TENANT #3 and TENANT #4 the names being fictitious to account for parties in possession, and alleges: COUNT I - MORTGAGE FORECLOSURE 1. This is an in rem action to foreclosea mortgage on real property located and situated in ORANGE County, Florida. 2. This firm has complied with the notice requirement ofthe Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq, as amended. The Notice(s) previously mailed by the firm is attached hereto andincorporated herein as an Exhibit. FILE NUMBER: F08040824 DOC ID: M000100 3. On October 31, 2005, there was executed and dehvered a Promissory Note ("Mortgage Note") and a Purchase Money Mortgage ("Mortgage") securing the payment ofthe Mortgage Note. The Mortgage was recorded on November 7, 2005, in OfBcial Records Book 8290 at Page 994, ofthe Public Records of ORANGE County, Florida, (All subsequent recording references are to the pubhc records of ORANGE County, Florida) and mortgaged the real and personal property ("Property") described therein, then owned by and in possession ofthe Mortgagor(s). A copy ofthe original Mortgage is attached hereto and incorporated herein as an Exhibit. 4. Plaintiff is now the holder oftheMortgage Note and Mortgage. 5. The Property is now owned of record by Defendant(s), BERT L. BILL. 6. The Mortgage Note and Mortgage are in default. The required installment payment of February I, 2008, was not paid, and no subsequent payments have been made. The Mortgage is contractually due for the February 1, 2008, payment. The lastpayment received was applied to the January 1, 2008, installment, and no subsequent payments have been applied to the loan. 7. Plaintiff declares the Bill amount payable imder the Mortgage Note and Mortgage to be now due. 8. Plaintiff must be paid $302,050.03 in principal on the Mortgage Note and Mortgage, together with interest from January 1, 2008, late charges, and all costs of collection including title search expenses for ascertaining necessary parties to this action and reasonable attomey's fees. 9. All conditions precedent to the acceleration ofthe Mortgage Note and foreclosure ofthe Mortgage have been performed or have occurred. 10. Plaintiffhasretained the law firm ofFlorida Default Law Group, P.L., in this action and is obUgated to pay it a reasonable fee for its services in bringing this action as well as all costs of collection. 11. The mterests of each Defendant are subject, subordinate, and inferior to the right, title, interest, and lien of PlaintifTs Mortgage with the exception of any special assessments that are superior pursuant to Florida Statutes § 159 (2006) and Florida Statutes § 170.09 (2006). 12. THE UNKNOWN SPOUSE OF BERT L. BILL 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. 13. WACHOVL\ BANK, NATIONAL ASSOCLATION may have or claim an interest in tiie Property that is the subjectof this Foreclosure action by virtue of a Mortgage recorded in OfBcial Records Book 8907, Page 2151, or may otherwise claim an interest in the Property. 14. S.C.O. CONDOMINIUM ASSOCLATION, INC. may have or claim an interest m the Property tfiat is the subject of thisForeclosure acrion by virtue of any unpaid condominium assessments levied pursuant to the Declaration of Condominium and any interest acquired pursuant to Chapter 718 F:S., or may othenvise claim an interest in the Property. 15. TENANT #1, TENANT #2, TENANT #3 and TENANT #4, tfie names being Bctirious to account for parties in possession may claim some interest in the Property that is the subject ofthis foreclosure action by virtue of an unrecorded lease or purchase oprion, by virtue of possession, or may otherwise claim an interest in the Property. The names of these Defendants are unknown to the Plaintiff WHEREFORE, PlaintifF requests that the Court ascertain the amount due PlaintifF for principal and interest on the Mortgage Note and Mortgage and for late charges, abstracting, taxes, expenses and costs, including attomey's fees, plus interest thereon; that if the sums due PlaintifF under the Mortgage Note and Mortgage are not paid immediately, the Court foreclose the Mortgage and the Clerk ofthe Court sell the Property securing the indebtedness to satisfy Plaintiffs mortgage lien in accordance with the provisions ofFlorida Statutes §45.031 (2006); that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereafter made a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues, income and profitsthereof,or in the altemative, order sequestration of rents,issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction ofthis action to make any and all further orders and judgments as may be necessary and proper, mciuding the issuance of a writ of possession and the entry of a deficiency decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in bankmptcy. COUNT II - RE-ESTABLISHMENT OF NOTE 16. This isan action to re-establish a lost Mortgage Note pursuant to Florida Statutes §673.3091 (2006). 17. Plaintiff incorporates by reference the allegations previous pled as Billy set forth herein. 18. The Plaintiff and the Defendants named herein are the only persons known to Plaintiff to have an interest for or against the re-establishment ofthe Mortgage Note. 19. PlaintifF was in possession ofthe Mortgage Note and entitled to enforce it when loss of possession occurred or Plaintiff has been assigned the right to enforcethe Mortgage Note. (Plaintiff does not presently have a copy ofthe note, but is seeking to obtain a copy, and will file a copy with the Court when obtained.) 20. The terms ofthe Note are as follows: a. Original loan amount: $311,440.00 b. Amount of monthly principal and interest payment: $ 1,768.32 c. Interest rate: 5.500% d. Loan beginning date: October 31,2005 21. At some time between October 31, 2005, and the present, the Mortgage Note has either been lost or destroyed and the PlaintifFis imable to state the maimer in which this occurred. After due and diligent search, Plaintiffhas been unable to obtain possession ofthe Mortgage Note. 22. The Mortgage Note has not been seized or transferred by Plaintiff. WHEREFORE, Plaintiffrequests that the Court re-establishthe Mortgage Note which this Mortgage secures. Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-^18 (813)251-4766 Lindsey Diehl Florida Bar No. 27688 Colleen E. Lehmann Florida Bar No. 33496 Anne M. Cmz-Alvarez Florida Bar No. 17140 NMNC-SPECFHLMC-R-ejayska FLORIDA DEFAULT LAW GROUP, P.L. ATTORNEYS AT LAW 9119 CORPORATE LAKE DRIVE 3^ FLOOR TAMPA, FLORJDA 33634 Please reply to: Telephone (813) 251-4766 Post Oflfice Box 25018 Telefax (813) 251-1541 Tampa, FL 33622-5018 May 19,2008 BERT BILL 100 S EOLA DRIVE UNIT 903 ORLANDO, FL 328012897 Re: Loan Number: 0051426831 Mortgage Servicer WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. Creditor to whom WELLS FARGO BANK, NA the debt is owed: Property Address: 100 EOLA AVENUE S, ORLANDO, FL 32801 Our File No.: F08040824 Dear Borrower: The law firm ofFlorida Default Law Group, P.L. (hereinafter referred to as "law firm") has been retained to represent WELLS FARGO BANK, NA with regards to its interests in the promissory Note and Mortgage executed by BERT BILL on October 31, 2005. Pursuant to the terms ofthe promissory Note and Mortgage, our client has accelerated all sums due and owing, which means that the entire principal balance and all other sums recoverable under the terms ofthe promissory Note and Mortgage are now due. As ofthe date of this letter, the amount owed to our client is $308,687.13, which includes the unpaid principal balance, accmed interest tfirough today, late charges, and other default-related costs recoverable under the terms ofthe promissory Note and Mortgage. Additional interest will accme after the date ofthisletter. This correspondence is being sent to comply with the Fair Debt Collection Practices Act and should not be considered a payoff letter. Our client may make advances and incur fees and expenses after the date ofthis letter which are recoverable under the terms ofthe promissory Note and Mortgage. Therefore, ifyou wish to receive figures to reinstate (bring your loan current) or pay off your loan through a specific date, please contact this law firm at (813) 251-4766 or cUent.services@defaultlawfl.com. Unless you notify this law firm within thirty (30) days after your receipt ofthis letter that the validity of this debt, or any portion thereof, is disputed, this law firm will assume that the debt is valid. Ifyou do notify this law firm in writing within thirty (30) days after receipt ofthis letter that the debt, or any portion thereof, is disputed. FILE NUMBER: F08040824 DOC ID: M005104 this law firm will obtain verification ofthe debt or a copy of the judgment against you, if any, and mail it to you. Also, upon your written request within thirty (30) days after your receipt ofthisletter, this law firm will provide you with the name and address ofthe original creditor, if different from the current creditor. Florida Default Law Group, P.L. is a debt collector.This law firm is attempting to collect a debt, and any informationobtained will be used for that purpose. All written requests should be addressed to Lindsey Diehl, Florida Default Law Group, P.L., P.O. Box 25018, Tampa, Florida 33622-5018. This law firm is in the process of filing a Complaint on the promissory Note and Mortgageto foreclose on real estate.The advice in this letter pertains to your dealings with this law firm as a debt collector. It does notaffect your dealings with the Court, and in particular, it does not change the time at which you must answer the Complaint. The Summons is a command from the Court, not from this law firm, and you must follow its instmctions even ifyou dispute the validity or amount ofthe debt. The advice in this letter also does not affect this law firm's relations with the Court. This law firm may file papers in the suit according to the Court's mles and the judge's instmctions. Finally, ifyoupreviously received a discharge in a bankraptcy involving this loan and did not sign a reaffirmation agreement, then this letter is not an attempt to collect a debt from you personally. This law firm is seeking solely to foreclose the creditor's lien on real estate and this law firm will not be seeking a personal money judgment against you. Ifyou have questions regarding this matter, please do not hesitate to contact this law firm. Florida Defauh Law Group, P.L. Attomeys for WELLS FARGO BANK, NA LINDSEY DIEHL NOTICE Florida Default Law Group, P.L. is a debt collector. This Firm is attempting to collect a debt, and information obtained may be used for the purpose. Retum To: W. Scott Callahan, Esq. INSTR 20050754388 /••• Stump, Storey, Callahan, Dietrich & Spears OR BK 08290 PG 0994 PGS=24 37 N. Orange Avenue, Suite 200 MftRTHfl 0. HflYNIE, COMPTROLLER P. O. Box 3388 ORANGE COUNTY, FL Orlando, FL 32802-3388 11/07/2005 01:30:18 PM MTG DOC TftX 1,090.25 INTANG TftX 622.88 REC FEE 205.50 This document was prq)ared by: HELLS FARGO BANK, N.A. 2600 LAKE LUCIEN DR,, MAITLAND, FL 327517233 TRENNA AMERSON [Space Above This Line For Recording Data]- MORTGAGE DEFINITIONS Words used in multiple sections of this document are defmed below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certainmles regarding the usage of words used in this document are also provided in Section16. (A) "Security Instrument" means tfiis document, which is dated OCTOBER 31, 2005 together with all Riders to this document. (B) "Borrower" is BERT L. BILL, A SINGLE PERSON Borrower is the mortgagor under this SecurityInstrument. (C) "Lender" is WELLS FARGO BANK, N.A. Lender is aNATIONAL ASSOCIATION organized and existing under the laws ofTHE UNITED STATES 0051426831 FLX>RIOA-Single Family-Fannie Mae/Freddie (Viae UNIFORAfI tIMSTRUiVIByiT Fonn 3010 1/01 4 ^ ^ - 6 < F L ) (OOOS) P a j e l of 16 MB. Initials: VMP MORTGAGE FORMS - (800)521-7291 Book8290/Page994 CFN#20050754388 Page 1 of 24 Lender's address is P.O. BOX 10304, DES MOINES, IA 503060304 Lender is the mortgagee under this SecurityInstrument. (D) "Note" means tfie promissory note signed by Borrower and datedOCTOBER 31, 2005 The Note states tfiat Borrower owes Lender THREE HUNDRED EI£VEN THOUSAND FOUR HUNDRED FORTY AND 00/100 Dollars (U. S. $ * * * * 3 1 1 , 4 4 0 . 0 0 ) plus interest. Borrower has promised to pay this debt in regularPeriodic Payments and to pay tfie debt in full not later than NOVEiffiER 01, 2035 (E) 'Property" means the property thatis described below under the heading "Transfer of Rights in the Property." (F) "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 Instmment,plus interest. (G) "Riders" means allRiders to thisSecurity Instmment that are executed by Borrower. The foUowing Riders are to be executed by Borrower [check box as applicable]: LxJ Adjustable Rate Rider LxJ Condominium Rider L_J Second Home Rider LJ Balloon Rider LJ Planned Unit Development Rider LJ 1-4 Family Rider CJ VA Rider C U Biweekly Payment Rider LJ Otfier(s)[specify] (H) "Applicable Law" means all controlling applicable federal,state and local statutes,regulations, ordinances and administrative mles and orders (that have the effectof law) as wellas all applicablefinal, non-apf»ealab!e judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues,fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transferof funds, other than a transaction originated by check, draft,or similar paper instmment, which is initiatedthrough an electronicterminal, telephonic instmment, computer, or magnetic tape so as to order, instmct. or authorize a financial institution to debit or credit an account. Such term includes, but is not limitedto, point-of-saletransfers,automated teller machine transactions,transfers initiatedby telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement,award of damages, or proceeds paid by any third party (other than insurance proceeds paid unda- the coverages describedin Section 5) for:(i) damage to, or destruction of, the Projjerty;(ii)condemnation or other taking of all or any part of the Property; (iii) conveyance in lieuof condemnation; or (iv) misrepresentationsof,or omissions as to,the value and/or condition of the Propertj'. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of,or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for {i) principaland interestunder the Note, plus (ii) any amounts under Section 3 of this Security Instmment. <^^-6(FL) (0005) Page2of16 .ALB- Fom)3010 1/01 " Book8290/Page995 CFN#20050754388 Page 2 of 24 (O) "RESPA" means the Real Estate Settiement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to 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 "federallyrelated mortgage loan" even if the Loan does not qualify as a "federallyrelatedmortgage loan" under RESPA. (P) "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 Instmment. 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 Lender, the following described property located in theCOUNTY IT>'pe of Recording Jurisdiction] of ORANGE [NameofRecordingJurisdiction]; •SEE ADJUSTABLE RATE RIDER THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: WELLS FARGO HOME MORTGAGE, P.O. BOX 10304, DES MOINES, IA 503060304 Parcel ID Number: which currently has the address of 100 S EOLA AVENUE #903 [Street] ORLANDO tCity], Florida32801 {Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the projjoty, and all easements, appurtenances, and fixturesnow or hereaftera part of the property. All replacements and additions shall alsobe covered by thisSecurity Instrament. All of the foregoing is referred to in this Security Instmment as the "Property." . ^ 4S>-6(FL)(0005) P a g e s of 16 Form 3010 1/01 Book8290/Page996 CFN#20050754388 Page 3 of 24 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby convqred and has the right to mortgage, grant and convey the Property and thatthe Property is unencumbered, except for encumbrances of record.Borrower warrants and will defend generallythe tiUe to the Property againstall claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limitedvariations by jurisdictionto constitutea 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 shallpay when due the principal of, and intereston, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shaU also pay funds forEscrow Items pursuant to Section 3.Payments due under the Note and thisSecuritj'Instrument shallbe made in U.S. currency. However, if any check or other instmment received by Lender as payment imder the Note or this Securit>' Instmment is returaedto Lender unpaid. Lender may require that anyor all subsequent payments due under the Note and this Security InsUument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)certifiedcheck, bank check, treasurer's check or cashier's check, provided any such check isdrawn upon an institution whose d^wsits are insured by a federal agency, instrumentality,or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the locationdesignated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lcndo" may retum any payment or partialpayment ifthe payment or partialpayments are insufficient to bring the Loan current. Lenda- may accept any payment or partial payment insufficientto bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refiise such payment or partial payments in the future, but Lender is not obligatedto apply such payments al the time such payments are accepted. Ifeach Periodic Payment is applied as of itsscheduled 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 jjeriod of time. Lender shall eithCT apply such funds or retum them to Borrower. If not applied earliCT, such funds will be applied to the outstanding principal balance undCT the Note immediately prior to foreclosure. No offset or claim which BorroWCT might have now or in the futureagainst LendCT shall relieve BorrowCT from making payments due undCT the Note and this Security Instmment or performing the covenants and agreements secured by this Security Instmment. 2. Application of Payments or Proceeds. Except as otherwise described in thisSection 2, all payments accepted and appliedby LendCT shall be applied in the following ordCT of priority:(a) intCTest due undCT the Note; (b) principaldue undw the Note; (c) amounts due undCT Section 3. Such payments shallbe applied toeach Periodic Payment in the ordCT inwhich itbecame due. Any remaining amounts shaU be applied firstto late charges,second to any other amounts due undCT this Security Instrument, and then to reduce the principal balance of the Note. If LendCT receives a payment from BorrowCT for a delinquent PCTiodic Payment which includes a sufficientamount lo pay any late charge due, the payment may be appliedto the delinquent payment and the late charge.If more than one PCTiodic Payment is outstanding,LendCT may apply any payment received from BorrowCT to the repayment of the PCTiodic Payments if, and to the extent that, each payment <^fe-6(FL)(O005) Ra9e4o(16 .:4ia- ' Foim 3 0 1 01/01 Book8290/Page997 CFN#20050754388 Page 4 of 24 can be paid in full.To the extent that anyexcess exists aftCT 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. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due undCT the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. BOITOWCT shallpay to Lender on the day Periodic Payments are due undCT 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 othw items which can attain priorityOVCT this SecurityInstmmait as a lien or encumbrance on the Property; (b) leaseholdpayments or ground rents on the Property,if any; (c) premiums for any and allinsurance required by LendCT undCT Section 5; and (d)Mortgage Insurance premiums, ifany, or any sums payable by BorrowCT to LendCT in lieu of the paymait of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At originationor at any time during the term of the Loan, LendCT may require thatCommunity Association Dues, Fees, and Assessments, if any, be escrowed by BorrowCT, and such dues, fees and assessments shall be an ESCTOW Item. BorrowCT shall promptly furnish lo LendCT all notices of amounts to be paid undCT this Section.BorrowCT shall pay LendCT the Funds for Escrow Items unless LendCT waives BorrowCT's obligation to pay the Funds for any or all Escrow Items. LendCT may waive BOFTOWCT'S obligation to pay to LendCT Funds for any or all ESCTOW Items at any time. Any such waivCT may only be in writing.In the event of such waivCT, BorrowCT shall pay directly, when and whCTe payable, the amounts due for any ESCTOW Items for which payment of Funds has been waived by LendCT and, if LendCT requires, shallfurnish to Lender receipts evidencing such payment within such time pwiod as LendCT may require. BorrowCT' s obligationto 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 "covoiantand agreement" is used in Section 9. If BorrowCT is obligated to pay Escrow Items directly,pursuant to a waivCT, and BorrowCT fails lo pay the amount due for an ESCTOW Item, LendCT may exCTcise its rightsundCT Section 9 and pay such amount and BorrowCT shall then be obligated undCT Section 9 to repay to LendCT any such amount. Laider may revoke the waivCT as to any or allEscrow Items atany time by a notice given in accordance with Section 15 and, upon such revocation, BorrowCT shall pay to LendCT all Funds, and in such amounts, that are then required undCT this Section 3. LendCT may, at any time, collect and hold Funds in an amount (a) sufficient to f)ermit Lendw to apply the Funds at the time sjjecified undCT RESPA, and (b) not to exceed the maximum amount a lendCT can require undCT RESPA. LendCT shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future. ESCTOW Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institutionwhose deposits are insured by a fedwal agaicy, instrumentality,or entity(including LendCT, if LendCT is an institution whose dejxjsits are so insured) or in any FedCTal Home Loan Bank. LendCT shall apply the Funds to pay the ESCTOW Items no latCT than the time specified under RESPA. LendCT shall not charge BOTTOWCT for holding and applying the Funds, annually analyzing the escrow account, or vCTifying the Escrow Items, unless LendCT pays BOTTOWCT intCTest on the Funds and Applicable Law permits LendCT to make such a charge. Unless an agreement is made in writing or Applicable Law requires intCTest to be paid on the Funds, LendCT shall not be required to pay BOTTOWCT any intCTest oreamings on the Funds. Borrower and LendCT can agree in writing, howevCT, thatintCTest _ Initia&jtiZ-p— <^>.6(Fl.)(0005) P&ge5o(16 1=omi 3010 1/01 Book8290/Page998 CFN#20050754388 Page 5 of 24 shallbe paid on the Funds. LendCT shall give to BOTTOWCT, without charge, an annual accounting of the Funds as required by RESPA. IfthCTC is a surplus of Funds held in escrow, as defined undCT RESPA, LendCT diall account to BorrowCT for the excess funds in accordance with RESPA. If thwe is a shortage of Funds held in escrow, as definedundCT RESPA, LendCT shall notify BOTTOWCT as required by RESPA, and BOTTOWCT diall pay to LendCT the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If ihCTe is a deficiency of Fimds held in escrow, as defined undCT RESPA, LendCT shall notify BOTTOWCT as required by RESPA, and BOTTOWCT shall pay to LendCT the amount necessary tomake up the deficiencyin accordance wilh RESPA, but in no more than 12 monlhly payments. Upon payment in full of all sums secured by this SecurityInstrument, LendCT shall promptly refund to BOTTOWCT any Funds held by LendCT. 4. Charges; Liens. BOTTOWCT shallpay all taxes, assessments, charges, fines, and imp)ositions attributable to the Property which can attain priorit>' over this SecurityInstrument, leasehold payments or ground rents on the Property,if any, and Community Association Dues, Fees, and Assessments, if any. To the extent thai these items are Escrow Items, BOTTOWCT shall pay them in the mannCT provided in Section 3. BOTTOWCT shall promptly discharge any lien which has priority over thisSecurity Instrument imless BorrowCT; (a) agrees in writing to the payment of the obligation secured by the lien in a mannCT acceptable to LendCT, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lienin,legal proceedings which in LendCT's opinion opCTate to prevent the enforcement of the lienwhile those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holdCT of the lien an agreement satisfactoryto LendCT subordinating the liento this SecurityInstmment, If LendCT determines that any part of the Projjerty is subject toa lien which can attain priorityOVCT this Security Instrument,LendCT may give BOTTOWCT a notice identifying the lien.Within 10 days of the dale on which that notice is given, BorrowCT shall satisfy the lien or take one or more of the actions set forth above in this Section 4. LendCT may require BOTTOWCT to pay a one-time charge for a real estate tax verificationand/or reporting service used by LendCT in connection with this Loan. 5. Property Insurance. BorrowCT shall keep the improvements now existing or hCTeaftCT CTected on the Property insured against loss by fire,hazards included within the term "extended covo-age," and any.. OthCT hazards including, but not limitedlo, earthquakes and floods, for which LendCT requires insurance. This insurance shallbe maintained in the amounts (including deductible levels)and for the periods that LendCT requires. What LdndCT requires pursuant to the preceding sentoices can change during the term of the Loan. The insurance carriCT providing theinsurance shall be chosen by BorrowCT subject to LendCT's