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35-2022-CA-000834-AXXX-XX
Filing # 149237580 E-Filed 05/09/2022 04:57:58 PM
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT IN AND FOR LAKE
COUNTY, FLORIDA
CASE NO.
AJAX MORTGAGE LOAN TRUST 2021-G,
MORTGAGE-BACKED SECURITIES,
SERIES 2021-G, BY U.S. BANK NATIONAL
ASSOCIATION, AS INDENTURE TRUSTEE,
Plaintiff,
VS.
DALE A. WILSON; UNKNOWN SPOUSE OF
DALE WILSON; DENNIS A. WILSON; DEBRA
J WILSON; UNKNOWN TENANT i
UNKNOWN TENANT IL.
Defendants.
/
CERTIFICATION OF POSSESSION OF ORIGINAL PROMISSORY NOTE
Under penalty of perjury, the undersigned hereby certifies:
1 That as the attorney and authorized agent of Plaintiff AJAX MORTGAGE LOAN
TRUST 2021-G, MORTGAGE-BACKED SECURITIES, SERIES 2021-G, BY U.S. BANK
NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE (‘Plaintiff’), the undersigned is in
possession of the original promissory note (the “Note”) on behalf of the Plaintiff and upon which this
action is brought.
2 The location of the Note is: 1601 W. Colonial Dr., Orlando, FL 32804.
3 The name and title of the person giving the certification is: Name:.August J. Stanton, III.
Title: Attorney for Plaintiff.
4, The name of the person who personally verified such possession is: Name: August J.
St anton, III, Title: Attorney for Plaintiff.
The time and date on which possession was verified was: at Z/FO am. Gm2n
the day of fs 2022.
Correct copies of the Note (and, if applicable, all endorsements, transfers, allonges or
assignments of the Note) are attached to this certification.
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 05/10/2022 02:53:03 PM.
7. I give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing Certification of Possession
of Original Note and that the facts stated in it are true.
By:
August J. Stanton, IIT
STATE OF FLORIDA.
COUNTY OF ORANGE
Sworn to and subscribed before me by means of Ef physical presence or 0) online
notarization on this Q" day of 2022, by August J. Stanton, III, who is
+_“ personally known to me and who did take an oath.
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Notary Public
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I TEREST-ONLY PERIOD ADJUSTABLE RATE NOTE
(One-Year LIBOR Index (As Published In
The Wall Street Journal)
Rate Caps — 10 Year Interest Only Period)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR A CHANGE IN MY FIXED
INTEREST RATE TO AN ADJUSTABLE INTEREST RATE AND FOR CHANGES IN MY
MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I
MUST PAY.
March 24, 2008 MAITLAND Florida
[Date] [City] [State]
34920 SPRINGFIELD ROAD, SORRENTO, FL 32776
[Property Address]
1 BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $325,000.00 (this amount is called
“Principal”), plus interest, to the order of Lender. Lender is SUNTRUST MORTGAGE, INC. I will make all
payments under this Note in the form of cash, check or money order.
T understand that Lender may transfer this Note. 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. I will pay
interest at a yearly rate of 5.875%. The interest rate I will pay may change in accordance with Section 4 of this
Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and
after any default described in Section 7(B) of this Note.
3 PAYMENTS
A) Time and Place of Payments
I will make a payment on the first day of every month, beginning on May 1, 2008. Before the First
Principal and Interest Payment Due Date as described in Section 4 of this Note, my payment will consist only of the
interest due on the unpaid principal balance of this Note. Thereafter, I will pay principal and interest by making a
payment every month as provided below.
FLORIDA INTEREST-ONLY PERIOD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR INDEX—
10 Year fnterest Only Period—Single Family—Fannie Mae Uniform {nstrumeat Form 3535 06/05 (rev. 9/06
—THE COMPLIANCE SOURCE, INC.— Page 1 of6 20054FL. 02/05 Rev, 09/06
Www compliancesource.com ©2006, The Compliance Source, Inc.
‘
I will make my monthly paynients of principal and interest beginning on the First Principal and Interest
Payment Due Date as described in Section 4 of this Note. I will make these payments every month until I have paid
all of the principal and interest and any other charges described below that I may owe under this Note. Each
monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and
interest, it will be applied to interest before Principal. If, on April 1, 2038, I still owe amounts under this Note,.1
will pay those amounts in full on that date, which is called the “Maturity Date.”
I will make my monthly payments at P.O, BOX 79041, BALTIMORE, MD 21279--0041 or at a different
place ifrequired by the Note Holder.
@) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $1,591.15 until the first Change Date.
After the first Change Date, my monthly payment will be in an amount sufficient to pay accrued interest, at the rate
determined as described in Section 4 of this Note until the First Principal and Interest Payment Due Date. On that
date and thereafter, my monthly payment will be in an amount sufficient to repay the principal and interest at the
rate determined as described in Section4 of this Note in substantially equal installments by the Maturity Date. The
Note Holder will notify me prior to the date of changes in monthly payment.
© Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest
rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 or 5 of this Note.
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of April 1,
2013, and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on
which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable
interest rate could change, is called a “Change Date.”
@) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The “Index” is
the average of interbank offered rates for one-year U.S. dollar-denominated deposits in the London market
(“LIBOR”), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days
before each Change Date is called the “Current Index.”
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
«© Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and
250/1000ths percentage points (2.250%) to the Current Index. The Note Holder will then round the result of this
addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D)
below, this rounded amount will be my new interest rate until the next Change Date. -
FLORIDA INTEREST-ONLY PERI OD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR INDEX—
10 Year Interest Only Period—Single Family—Fannie Mae Uniform Instrument Form 3535 06/05 (rev. 9/06
—THE COMPLIANCE SOURCE, INC.— Page 2 of6 FL 02005 Rev. 09/06
‘wwww.compliancesource.com, 92006, The Compliance Source, [nc
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The Note Holder will then determine the amount of my monthly payment. For payment adjustments
occurring before the First Principal and Interest Payment Due Date, the amount of my monthly payment will be
sufficient to repay all accrued interest each month on the unpaid principal balance at the new interest rate. If [ make
a voluntary payment of principal before the First Principal and Interest Payment Due Date, my payment amount for
subsequent payments will be reduced to the amount necessary to repay all accrued interest on the reduced principal
balance at the current interest rate. For payment adjustments occurring on or after the First Principal and Interest
Payment Due Date, the amount of my monthly payment will be sufficient to repay unpaid principal and interest that
I am expected to owe in full on the Maturity Date at the current interest rate insubstantially equal payments.
@) Limits on Interest Rate Changes
The interest rate [ am required to pay at the first Change Date will not be greater than 10.875% or less than
2.250%. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by
ore than two percentage points from the rate of interest I have been paying for the preceding 12 months. My
interest rate will never be greater than 10.875%.
© Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again.
@) Notice of Changes
Before the effective date of any change in my interest rate and/or monthly payment, the Note Holder will
deliver or mail to me a notice of such change. The notice will include information required by law to be given to me
and also the title and telephone number of a person who will answer any question I may have regarding the notice.
@ Date of First Principal and Interest Payment
The date of my first payment consisting of both principal and interest on this Note (the “First Principal and
Interest Payment Due Date”) shall be that date which is the 10th anniversary date of the first payment due date, as
reflected in Section 3(A) of the Note.
5. BORROWER’S RIGHT TO PREPAY
I 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, I will tell the Note Holder in writing that I am doing
so. I may not designate a payment as a Prepayment ifI 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 I 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 I make a partial Prepayment, there will be no changes
in the due date of my monthly payment unless the Note Holder agrees in writing to those changes. If the partial
Prepayment is made during the period when my monthly payments consist only of interest, the amount of the
monthly payment will decrease for the remainder of the term when my payments consist only of interest. If the
partial Prepayment is made during the period when my payments consist of principal and interest, my partial
Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial
Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase.
-
FLORIDA INTEREST-ONLY PERIOD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR INDEX—
10 Year Interest Only Period—Single Family—Fannie Mae Uniform fastrameat Form 3535 06/05 (rev. 9/09
—THE COMPLIANCE SOURCE, INC— Page
3 of 6 20054FL 02/05 Rev. 09/06
‘woew.compliancesoutce.com ©2006, The Compliance Source, Inc.
me
6. LOAN CHARGES .
Ifa 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 that exceeded permitted limits will be refunded to me. The Note Holder
may choose to make this refund by reducing the Principal I 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.
7. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charges 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 interest, during the period when my payment is interest only, and of principal and interest
thereafter. I will pay this late charge promptly but only once on each late payment.
@) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
© Notice of Default
If I am 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 that has
not been paid and all the interest that I 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 whenI 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 I 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 attomeys’ fees.
8. 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.
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under
this Note will be given 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 ifI am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
2
FLORIDA INTEREST-ONLY PERI OD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR INDEX—
10 Year [nterest Only Period—Single Family—Fannie Mae Uniform fnstrument Form 3535. 06/05 (rev. 9/06
—THE COMPLIANCE SOURCE, INC— Page
4 of 6 20054FL 02/05 Rev. 09/06
‘woww.compliancesource.com ©2006, The Compliance Source, inc.
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 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.
10. WAIVERS
J 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.
li. 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 “Security
Instrument”), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do
not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I
may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions
read as follows:
(A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section
18, “Interest in the Property” means any legal or beneficial interest in the Property, including, but
not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
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 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.
(B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cease
to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section
18, “Interest in the Property” means any legal or beneficial interest in the Property, including, but
:
FLORIDA INTEREST-ONLY PERI OD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR INDEX—
10 Year [uterest Only Period—Single Family—Fannie Mae Uniform Instrument Form 3535 06/05 (rev. 9109
—TH COMPLIANCE SOURCE, INC._— Page Sof 6 20054FL 02/05 Rev. 09/06
‘woww.compliancesource.com ©2006, The Compliance Source, In.
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.
not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
Ifall 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. Lender also shall not exercise this option iff (a)
Borrower causes to be submitted to Lender information required by Lender to evaluate the
intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably
determines that Lender’s security will not be impaired by the loan assumption and that the risk of
a breach of any covenant or agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender’s consent to the loan assumption. Lender also may require the transferee to
sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep
all the promises and agreements made in the Note and in this Security Instrument. Borrower will
continue to be obligated under the Note and this Security Instrument unless Lender releases
Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give
Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from
the date the notice is given in accordance with Section 15 within which Borrower must pay all
sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
12. 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.
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FLORIDA INTEREST-ONLY PERIOD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR [NDEX—_
10 Year Interest Only Period—Single Famnily—Faunie Mae Uniform fastrument Form 3535 06/05 (rev. 9/06
—THE COMPLIANCE SOURCE, INC_— Page 6 of6 20054FL 02/05 Rev. 09/06
www.compliancesource.com ©2006, The Ce Hiance Source, Ine
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Bk 03610 Pas 1465 - 14857 (219s)
DATES 04/11/2008 12234218 PH
HEIL KELLY? CLERK OF COURT
LAKE COUNTY
After-vecording-pleasetetamirty: RECORDING FEES 120.00
SUNTRUST MORTGAGE, INC. FTG DOC 1+137.50
INTANGIBLE 650.00
[Name]
RVW 5093
[Attention]
1001 SEMMES AVENUE
[Street Address]
RICHMOND, VIRGINIA 23224
[Gity,State Zip Code
roe Or
This document prepared by:
[Company Name]
[Name of Natural Person] fo .
+
Title America of Florida, Inc
[Street Address] 495 N Keller Rd, Suite 100A ~
[City, State Zip Code] Maitland, FL. 32751
O®8CO|Stem FUL
[Space Above This Line For Recording Data].
MIN:
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 March 24, 2008, together with all Riders to
this document.
-
@) “Borrower” is DALE WILSON, AN UNMARRIED MAN Borrower is the mortgagor under this
Security Instrument.
© “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a 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.
@) “Lender” is SUNTRUST MORTGAGE, INC.. Lender is a corporation organized and existing under
the laws of THE COMMONWEALTH OF VIRGINIA. Lender’s address is 901 SEMMES AVENUE,
RICHMOND, VA 23224.
Florida Mortgage—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3010 1/01
MERS Modified
The Compliance Source, Inc. Page 1 of 15 Modified by Compliance Source 14301FL 11/04 Rev. 02/07
www.compliancesource.com
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.
) “Note” means the promissory note signed by Borrower and dated March 24, 2008. The Note states that
Borrower owes Lender Three Hundred Twenty Five Thousand and 00/100ths Dollars (U.S. $325,000.00) plus
interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not late:
than April 1, 2038. .
®) “Property” means the property that is described below under the heading “Transfer of Rights in the
Property.”
© “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.
@) “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]:
&] Adjustable Rate Rider (1 Condominium Rider (1 Second Home Rider
(J Balloon Rider (J Planned Unit Development Rider (C1 Biweekly Payment Rider
( 1-4 Family Rider C1 Revocable Trust Rider
[1 Other(s) [specify]
@ “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 all 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.
© “Escrow Items” means those items that are described in Section 3.
™) “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 5) for: (i) damage to,
or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance
in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
™ | “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the
(0) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
Florida Mortgage—Single Faraily_—Fannie Mae/Fredate Mac Uniform Instrument Form 3010 1/01
MERS Modified
The Compliance Source, Inc. Page 2 of 1S Modified by Compliance Source 14301FL 11/04 Rey. 02407
www.compliancesource.com ©2004, The Compliance Source, Inc,
.
(P) “RESPA” means the+Real Estate Settlement Procedures Act (12 U.S.C. §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 “federally related
mortgage loan” even if the Loan does not qualify as a “federally related mortgage lo: 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
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender’s
successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: @
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
irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in
the
COUNTY of LAKE
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
SEE ATTACHED SCHEDULE A
which currently has the address of 34920 SPRINGFIELD ROAD
[Street]
SORRENTO s Florida 32776 (‘Property Address”):
[City] [Zip Code]
Tax Parcel ID No.:
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 to 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 Instrument.
BORROWER COVENANTS that Borrower is lawfully seized 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 all 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.
Florida Morigage—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3010 1/01
MERS Modified
The Compliance Source, Inc. Page 3 of 1S Modified by Compliance Source 14301FL 11/04 Rev. 02/07
wey.complia
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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 rights 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 can 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 propayment charges and
then as described in the Note.
Any 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 Items. 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 shall pay Lender the Funds for Escrow Items unless Lender
Florida Mortgage—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3010 1/01
MERS Modified
The Compliance Source, Inc. Page4 of 15 Modified by Compliance Source 14301FL 11/04 Rev. 02/07
www.compliancesource.com ©2004, The Compliance Source, Inc.
waives Borrower’s obligation ta 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 inwriting.
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. If Borrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower fails to 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 15 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
Preview
35-2022-CA-000834-AXXX-XX Filing # 149237580 E-Filed 05/09/2022 04:57:58 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CASE NO. AJAX MORTGAGE LOAN TRUST 2021-G, MORTGAGE-BACKED SECURITIES, SERIES 2021-G, BY U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, Plaintiff, VS. DALE A. WILSON; UNKNOWN SPOUSE OF DALE WILSON; DENNIS A. WILSON; DEBRA J WILSON; UNKNOWN TENANT i UNKNOWN TENANT IL. Defendants. / CERTIFICATION OF POSSESSION OF ORIGINAL PROMISSORY NOTE Under penalty of perjury, the undersigned hereby certifies: 1 That as the attorney and authorized agent of Plaintiff AJAX MORTGAGE LOAN TRUST 2021-G, MORTGAGE-BACKED SECURITIES, SERIES 2021-G, BY U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE (‘Plaintiff’), the undersigned is in possession of the original promissory note (the “Note”) on behalf of the Plaintiff and upon which this action is brought. 2 The location of the Note is: 1601 W. Colonial Dr., Orlando, FL 32804. 3 The name and title of the person giving the certification is: Name:.August J. Stanton, III. Title: Attorney for Plaintiff. 4, The name of the person who personally verified such possession is: Name: August J. St anton, III, Title: Attorney for Plaintiff. The time and date on which possession was verified was: at Z/FO am. Gm2n the day of fs 2022. Correct copies of the Note (and, if applicable, all endorsements, transfers, allonges or assignments of the Note) are attached to this certification. FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 05/10/2022 02:53:03 PM. 7. I give this statement based on my personal knowledge. Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true. By: August J. Stanton, IIT STATE OF FLORIDA. COUNTY OF ORANGE Sworn to and subscribed before me by means of Ef physical presence or 0) online notarization on this Q" day of 2022, by August J. Stanton, III, who is +_“ personally known to me and who did take an oath. nan EVANS POOLE Notary Public € orOESee g Be ed jond *. Notary Public - State ofFlorida Commission #GG 930073 hy Comm, Expires Nov 7, 2023 an Assn. National Notary Marela Sens Role ZHBUO~64| ae ve coon I TEREST-ONLY PERIOD ADJUSTABLE RATE NOTE (One-Year LIBOR Index (As Published In The Wall Street Journal) Rate Caps — 10 Year Interest Only Period) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE AND FOR CHANGES IN MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. March 24, 2008 MAITLAND Florida [Date] [City] [State] 34920 SPRINGFIELD ROAD, SORRENTO, FL 32776 [Property Address] 1 BORROWER’S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $325,000.00 (this amount is called “Principal”), plus interest, to the order of Lender. Lender is SUNTRUST MORTGAGE, INC. I will make all payments under this Note in the form of cash, check or money order. T understand that Lender may transfer this Note. 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. I will pay interest at a yearly rate of 5.875%. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3 PAYMENTS A) Time and Place of Payments I will make a payment on the first day of every month, beginning on May 1, 2008. Before the First Principal and Interest Payment Due Date as described in Section 4 of this Note, my payment will consist only of the interest due on the unpaid principal balance of this Note. Thereafter, I will pay principal and interest by making a payment every month as provided below. FLORIDA INTEREST-ONLY PERIOD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR INDEX— 10 Year fnterest Only Period—Single Family—Fannie Mae Uniform {nstrumeat Form 3535 06/05 (rev. 9/06 —THE COMPLIANCE SOURCE, INC.— Page 1 of6 20054FL. 02/05 Rev, 09/06 Www compliancesource.com ©2006, The Compliance Source, Inc. ‘ I will make my monthly paynients of principal and interest beginning on the First Principal and Interest Payment Due Date as described in Section 4 of this Note. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest, it will be applied to interest before Principal. If, on April 1, 2038, I still owe amounts under this Note,.1 will pay those amounts in full on that date, which is called the “Maturity Date.” I will make my monthly payments at P.O, BOX 79041, BALTIMORE, MD 21279--0041 or at a different place ifrequired by the Note Holder. @) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $1,591.15 until the first Change Date. After the first Change Date, my monthly payment will be in an amount sufficient to pay accrued interest, at the rate determined as described in Section 4 of this Note until the First Principal and Interest Payment Due Date. On that date and thereafter, my monthly payment will be in an amount sufficient to repay the principal and interest at the rate determined as described in Section4 of this Note in substantially equal installments by the Maturity Date. The Note Holder will notify me prior to the date of changes in monthly payment. © Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 or 5 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of April 1, 2013, and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a “Change Date.” @) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The “Index” is the average of interbank offered rates for one-year U.S. dollar-denominated deposits in the London market (“LIBOR”), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the “Current Index.” If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. «© Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and 250/1000ths percentage points (2.250%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. - FLORIDA INTEREST-ONLY PERI OD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR INDEX— 10 Year Interest Only Period—Single Family—Fannie Mae Uniform Instrument Form 3535 06/05 (rev. 9/06 —THE COMPLIANCE SOURCE, INC.— Page 2 of6 FL 02005 Rev. 09/06 ‘wwww.compliancesource.com, 92006, The Compliance Source, [nc at Hoe ’ The Note Holder will then determine the amount of my monthly payment. For payment adjustments occurring before the First Principal and Interest Payment Due Date, the amount of my monthly payment will be sufficient to repay all accrued interest each month on the unpaid principal balance at the new interest rate. If [ make a voluntary payment of principal before the First Principal and Interest Payment Due Date, my payment amount for subsequent payments will be reduced to the amount necessary to repay all accrued interest on the reduced principal balance at the current interest rate. For payment adjustments occurring on or after the First Principal and Interest Payment Due Date, the amount of my monthly payment will be sufficient to repay unpaid principal and interest that I am expected to owe in full on the Maturity Date at the current interest rate insubstantially equal payments. @) Limits on Interest Rate Changes The interest rate [ am required to pay at the first Change Date will not be greater than 10.875% or less than 2.250%. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by ore than two percentage points from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 10.875%. © Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. @) Notice of Changes Before the effective date of any change in my interest rate and/or monthly payment, the Note Holder will deliver or mail to me a notice of such change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. @ Date of First Principal and Interest Payment The date of my first payment consisting of both principal and interest on this Note (the “First Principal and Interest Payment Due Date”) shall be that date which is the 10th anniversary date of the first payment due date, as reflected in Section 3(A) of the Note. 5. BORROWER’S RIGHT TO PREPAY I 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, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment ifI 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 I 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 I make a partial Prepayment, there will be no changes in the due date of my monthly payment unless the Note Holder agrees in writing to those changes. If the partial Prepayment is made during the period when my monthly payments consist only of interest, the amount of the monthly payment will decrease for the remainder of the term when my payments consist only of interest. If the partial Prepayment is made during the period when my payments consist of principal and interest, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. - FLORIDA INTEREST-ONLY PERIOD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR INDEX— 10 Year Interest Only Period—Single Family—Fannie Mae Uniform fastrameat Form 3535 06/05 (rev. 9/09 —THE COMPLIANCE SOURCE, INC— Page 3 of 6 20054FL 02/05 Rev. 09/06 ‘woew.compliancesoutce.com ©2006, The Compliance Source, Inc. me 6. LOAN CHARGES . Ifa 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 that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I 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. 7. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charges 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 interest, during the period when my payment is interest only, and of principal and interest thereafter. I will pay this late charge promptly but only once on each late payment. @) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. © Notice of Default If I am 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 that has not been paid and all the interest that I 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 whenI 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 I 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 attomeys’ fees. 8. 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. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given 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 ifI am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE 2 FLORIDA INTEREST-ONLY PERI OD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR INDEX— 10 Year [nterest Only Period—Single Family—Fannie Mae Uniform fnstrument Form 3535. 06/05 (rev. 9/06 —THE COMPLIANCE SOURCE, INC— Page 4 of 6 20054FL 02/05 Rev. 09/06 ‘woww.compliancesource.com ©2006, The Compliance Source, inc. 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 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. 10. WAIVERS J 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. li. 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 “Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. 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 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. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the Property” means any legal or beneficial interest in the Property, including, but : FLORIDA INTEREST-ONLY PERI OD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR INDEX— 10 Year [uterest Only Period—Single Family—Fannie Mae Uniform Instrument Form 3535 06/05 (rev. 9109 —TH COMPLIANCE SOURCE, INC._— Page Sof 6 20054FL 02/05 Rev. 09/06 ‘woww.compliancesource.com ©2006, The Compliance Source, In. , Mt ae . not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. Ifall 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. Lender also shall not exercise this option iff (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender’s security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender’s consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12. 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. pater Reco, top (Seal) pitino anf teal) DALE ON -Borrower Bch an i Diese Le Va ts -Borower Nat wore hot PAyYT? NEO A po OF (Seal) -Borrower (Seal) -Borrower cen re nace [Sign Original Only] ye Lj te Presid eb . Elis, Vice iy FLORIDA INTEREST-ONLY PERIOD ADJUSTABLE RATE NOTE— ONE-YEAR LIBOR [NDEX—_ 10 Year Interest Only Period—Single Famnily—Faunie Mae Uniform fastrument Form 3535 06/05 (rev. 9/06 —THE COMPLIANCE SOURCE, INC_— Page 6 of6 20054FL 02/05 Rev. 09/06 www.compliancesource.com ©2006, The Ce Hiance Source, Ine wt EAE mo ein A EAE Bk 03610 Pas 1465 - 14857 (219s) DATES 04/11/2008 12234218 PH HEIL KELLY? CLERK OF COURT LAKE COUNTY After-vecording-pleasetetamirty: RECORDING FEES 120.00 SUNTRUST MORTGAGE, INC. FTG DOC 1+137.50 INTANGIBLE 650.00 [Name] RVW 5093 [Attention] 1001 SEMMES AVENUE [Street Address] RICHMOND, VIRGINIA 23224 [Gity,State Zip Code roe Or This document prepared by: [Company Name] [Name of Natural Person] fo . + Title America of Florida, Inc [Street Address] 495 N Keller Rd, Suite 100A ~ [City, State Zip Code] Maitland, FL. 32751 O®8CO|Stem FUL [Space Above This Line For Recording Data]. MIN: 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 March 24, 2008, together with all Riders to this document. - @) “Borrower” is DALE WILSON, AN UNMARRIED MAN Borrower is the mortgagor under this Security Instrument. © “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a 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. @) “Lender” is SUNTRUST MORTGAGE, INC.. Lender is a corporation organized and existing under the laws of THE COMMONWEALTH OF VIRGINIA. Lender’s address is 901 SEMMES AVENUE, RICHMOND, VA 23224. Florida Mortgage—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3010 1/01 MERS Modified The Compliance Source, Inc. Page 1 of 15 Modified by Compliance Source 14301FL 11/04 Rev. 02/07 www.compliancesource.com ot . ) “Note” means the promissory note signed by Borrower and dated March 24, 2008. The Note states that Borrower owes Lender Three Hundred Twenty Five Thousand and 00/100ths Dollars (U.S. $325,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not late: than April 1, 2038. . ®) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.” © “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. @) “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]: &] Adjustable Rate Rider (1 Condominium Rider (1 Second Home Rider (J Balloon Rider (J Planned Unit Development Rider (C1 Biweekly Payment Rider ( 1-4 Family Rider C1 Revocable Trust Rider [1 Other(s) [specify] @ “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 all 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. © “Escrow Items” means those items that are described in Section 3. ™) “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 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. ™ | “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the (0) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. Florida Mortgage—Single Faraily_—Fannie Mae/Fredate Mac Uniform Instrument Form 3010 1/01 MERS Modified The Compliance Source, Inc. Page 2 of 1S Modified by Compliance Source 14301FL 11/04 Rey. 02407 www.compliancesource.com ©2004, The Compliance Source, Inc, . (P) “RESPA” means the+Real Estate Settlement Procedures Act (12 U.S.C. §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 “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage lo: 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 The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender’s successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: @ 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 irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of LAKE [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE ATTACHED SCHEDULE A which currently has the address of 34920 SPRINGFIELD ROAD [Street] SORRENTO s Florida 32776 (‘Property Address”): [City] [Zip Code] Tax Parcel ID No.: 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 to 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 Instrument. BORROWER COVENANTS that Borrower is lawfully seized 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 all 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. Florida Morigage—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3010 1/01 MERS Modified The Compliance Source, Inc. Page 3 of 1S Modified by Compliance Source 14301FL 11/04 Rev. 02/07 wey.complia ‘ 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 rights 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 can 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 propayment charges and then as described in the Note. Any 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 Items. 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 shall pay Lender the Funds for Escrow Items unless Lender Florida Mortgage—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3010 1/01 MERS Modified The Compliance Source, Inc. Page4 of 15 Modified by Compliance Source 14301FL 11/04 Rev. 02/07 www.compliancesource.com ©2004, The Compliance Source, Inc. waives Borrower’s obligation ta 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 inwriting. 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. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to 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 15 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