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IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR COLLIER COUNTY
Taylor, Bean & Whitaker Mortgage Corp.
Case #: OW 93 -Ch
Plaintiff, Division #:
-VS.-
UNC:
Karen L. Ramdeen and Carrie A. Ramdeen
a/k/a Carrie A. Peters; Zebulon Peters; Glades
Golf and Country Club, Inc.; Unknown
Parties in Possession #1; Unknown Parties in o
Possession #2; If living, and all Unknown
Parties claiming by, through, under and xr
against the above named Defendant(s) who o
are not known to be dead or alive, whether DZ
said Unknown Parties may claim an interest
as Spouse, Heirs, Devisees, Grantees, or
Other Claimants
Egil Kd £2 jar code
2
Defendant(s).
COMPLAINT
Comes Now, Plaintiff, Taylor, Bean & Whitaker Mortgage Corp. by and through its
undersigned counsel, and files this foreclosure action against the above named Defendant(s),
Karen L. Ramdeen and Carrie A. Ramdeen a/k/a Carrie A. Peters; Zebulon Peters; Glades Golf
and Country Club, Inc.; Unknown Parties in Possession #1; Unknown Parties in Possession #2; If
living, and all Unknown Parties claiming by, through, under and against the above named
Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim
an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants, and states:
GENERAL ALLEGATIONS
1. This is an action at law and in equity to enforce a promissory note (“the Note”)
and to foreclose a mortgage (“the Mortgage”) on real property located in Collier County, Florida.
2. This Court has jurisdiction based on Florida Statute §26.012.3. Venue is proper because the property is located in Collier County, Florida.
4, On June 6, 2007, there was executed and delivered a Promissory Note and a
Mortgage securing payment of said Note to the payee named thereon.
5. The Mortgage was recorded in Official Records Book 4243, Page 1412, of the
Public Records of Collier County, Florida, then owned by and in possession of mortgagee, a
copy of the Mortgage is attached hereto as composite Exhibit "A", and any subsequent re-
recordings, modifications, and/or assignments thereof, if any.
6. Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean &
Whitaker Mortgage Corp. is the original mortgagee on the subject mortgage.
7. Prior to the filing of this action, Plaintiff acquired the right to enforce the Note and
Mortgage from the party entitled to enforce the Note and Mortgage.
8. The Plaintiff is the owner and holder of the Note and Mortgage or is the party
entitled to enforce the subject Note consistent with Chapter 673 of the Florida Statutes.
9. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or
subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's
predecessors in interest.
10. There has been a default under the covenants, terms and agreements of the Note
and Mortgage in that the monthly installment due March 1, 2009, and all subsequent
installments, remain due and owing.
MW. Plaintiff declares the full amount payable under the Note and Mortgage to be due.
12. A principal balance of $189,205.44 is due and owing to the Plaintiff, with interest
from and after February 1, 2009, and title search expense for ascertaining necessary parties to
this action.13. In order to protect its security, the Plaintiff may have advanced and paid Ad
Valorem taxes, premiums on insurance required by the Mortgage and other necessary costs, or
may be required to make such advances during the pendency of this action. Any such sum so
paid will be due and owing Plaintiff.
14, All conditions precedent to the acceleration of this Mortgage Note and to
foreclosure of the Mortgage have been fulfilled or have occurred.
15. The record legal title to the property secured by the Mortgage is now vested in
Defendant(s), Karen L. Ramdeen and Carrie A. Ramdeen a/k/a Carrie A. Peters.
16. The Defendant(s) Carrie A. Peters, f/k/a Carrie A. Ramdeen, Married Woman,
Joined by Her Husband, Zebulon Peters, executed the Mortgage.
17. The rights of the mortgagor(s), note makers(s), current titleholders, and any parties
in possession are inferior to the rights of the Plaintiff in regards to the real property secured by
said Note and Mortgage.
18. For purposes of collection and foreclosure, the Plaintiff has retained the
undersigned attorney and is obligated to pay said attorney a reasonable fee for his services.
COUNT I
MORTGAGE FORECLOSURE
19. Plaintiff hereby realleges and incorporates herein all the allegations contained in
the section titled General Allegations, set forth above.
20. That the Defendant, Zebulon Peters, might have some claim or demand in the
subject property by virtue of all interest, if any, in subject mortgage herein as to marital interest
or homestead interest and as signatory therein, and all other rights, claims, liens, interest,
encumbrances and equities, either recorded or unrecorded, if any in the subject real property.
wThe above-described interest of said Defendant(s) in the subject property is inferior to the
interest of the Plaintiff in said property.
21. That the Defendant, Glades Golf and Country Club, Inc., might have some claim
or demand in the subject property by virtue of all unpaid assessments, if any, and all other rights,
claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the
subject real property. The above-described interest of said Defendant(s) in the subject property
is inferior to the interest of the Plaintiff in said property.
22. That the Defendants, UNKNOWN PARTIES IN POSSESSION #1; UNKNOWN
PARTIES IN POSSESSION #2, might have some claim or demand in the subject real property
by virtue of possession, whether by tenancy from the record title holder or mere possession only.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
a judgment of foreclosure against the Defendants herein, foreclosing any and all interest in the
subject Mortgage and any interest recorded after the Plaintiff's lis pendens, except for all real
property taxes or special assessments in favor of Municipalities and Counties, and any interest
subject to Florida Statutes §718.116 and §720.3085, if applicable; and if the proceeds of the sale
are insufficient to pay Plaintiff's claim, a deficiency judgment, unless any defendant personally
liable shall have been discharged from liability under the subject Note pursuant to the provisions
of the Bankruptcy Code 11 U.S.C. Section 101, et seq.; and award attorney fees, costs, interest,
advances, and for such other and further relief as this court deems just and proper.
COUNT I
REESTABLISHMENT OF LOST NOTE
23. Plaintiff hereby realleges and incorporates herein all the allegations contained in
the section titled General Allegations, set forth above.24. This is an action to reestablish a Promissory Note under Florida Statute
§673.3091.
25. On June 6, 2007, at Collier County, Florida, there was executed and delivered to
Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker
Mortgage Corp. a Promissory Note and Mortgage in favor of Mortgage Electronic Registration
Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp., in the principal amount
of $192,850.00.
26. Plaintiff is not in possession of the subject Promissory Note and Plaintiff cannot
reasonably obtain possession of said Note because it is lost, stolen, or destroyed.
27. Plaintiff has the right to enforce the subject Note when lost or destroyed or
Plaintiff has acquired the right to enforce the subject Note from the party who had the tight to
enforce it when it was lost or destroyed.
28. The loss of possession of the subject Note was not the result of a lawful transfer or
due to lawful seizure.
29. Plaintiff will prove the terms and conditions of the subject Note.
30. Plaintiff will indemnify third parties against future unlawful enforcement of the
subject Note.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment foreclosing the Mortgage; and enter an order reestablishing said lost document; and if
the proceeds of the sale are insufficient to pay Plaintiff's claim, a deficiency judgment, unless
any defendant personally liable shall have been discharged from liability under the subject Note
pursuant to the provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq., and awardattorney fees, costs, interest, advances, and for such other and further relief as this court deems
just and proper.
COUNT Ul
REFORMATION OF MORTGAGE
31. Plaintiff hereby realleges and incorporates herein all the allegations contained in
the section titled General Allegations, set forth above.
32. This is an action to reform the legal description contained in a Mortgage securing
real property in Collier County.
33. That at the closing of the subject mortgage referred to in Paragraph 1, a deficient
legal description was relied upon in the preparation of Mortgage and closing documents.
34, That when said Mortgage was prepared, an error was made in the legal description
of the property encumbered by the subject mortgage, as the description does not correctly
identify the land and improvements at 233 Palm Drive, Condo Unit #2, Building #233, Naples,
FL 34112 and did not correctly set forth the proper legal description intended by the parties.
35. The correct legal description as set forth in the deed is as follows:
UNIT NO. 2, BUILDING 233 OF NO. 3, THE GLADES COUNTRY CLUB APTS., A
CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM
THEREOF, OF RECORD IN OFFICIAL RECORD BOOK 485, PAGES 681 through 822, AS
AMENDED, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER
WITH AND UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT
THERETO
36. That apparently said error was mutual and undiscovered by the parties.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
judgment foreclosing the Mortgage; and enter an order reforming the legal description contained
in the Mortgage that is the subject of this action to reflect the proper legal description ascontained in the Plaintiff's lis pendens, and award attorney fees, costs, interest, advances, and for
such other and further relief as this court deems just and proper.
- HOLLAN FINTEL
Y FLORIDA BAR
8178 NO. 0847631
SHAPIRO & RISHMAN, LLP
Attorneys for#laintiff
Pyale'Mabry Highway, Suite 112
Tampa, FL 33618
Telephone: (813) 880-8888
Fax: (813) 880-8800
This is an attempt to collect a debt and any information obtained will be used for that
purpose.
09-146177o~ “~
L& 4032217 OR: 4243 PG: 1412
RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL
PREPARED BY: 06/13/2007 at 11:33AM DWIGHT §. BROCK, CLBRK
OBLD 192850.00
Name: OBLI 192850.00
RBC PER 86.50
Address: Taylor, Bean & Whitaker Mortgage Corp. DOC-.35 675.15
1417 North Magnolia Ave INT-.002 305.70
Ocala, FL 34475 Reta:
FORSYTH BRUGGER BT AL
Retum to: FORSYTH & BRUGGER 600 FIFTH AVE S #207
600 5TH AVENUE S, STE 207, STE, STE 207 WAPLES FL 34102 6669
NAPLES FL 34102
PLAINTIFF'S COMPOSITE EXHIBIT A
{Space Above This Line For Recording Data]
ee
MIN: 100029500018151187 095-0410075-734
THIS MORTGAGE (“Security Instrument”) is given on June 06, 2007
The mortgagor is Carrie A. Peters, fik/a Carrie A. Ramdeen, a married woman, joined by her husband,
Zebulon Peters
(“Borrower”). This Security Instrument is given to
Mortgage Electronic Registration Systems, Inc. (“MERS") (solely as nominee for Lender, as hereinafter defined, and
Lender’s successors and assigns), as beneficiary. 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. Taylor, Bean & Whitaker
Mortgage Corp.
(“Lender”) is organized and existing
under the laws of FL _ sand
has an address of 1417 North Magnolia Ave, Ocala, FL 34475
Borrower owes Lender the principal sum of One Hundred Ninety Two Thousand Eight Hundred Fifty and no/100
Dollars (U.S. $ 192,850.00 )
This debt is evidenced by Borrower's note dated the same date as this Security Instrument (“Note”), which provides for
monthly payments, with the full debt, if not paid earlier, due and payable on July 01, 2037
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all
renewals, extensions and modifications of the Note; (6) the payment of all other sums, with interest, advanced under
paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey
to MERS (solely as nominee for Lender and Lender’s successors and assigns) and to the successors and assigns of MERS the
following described property located in Collier ‘County, Florida:
See Attached Exhibit A.
FLORIDA FHA MORTGAGE 96
GREATLAND &
ITEM T9702L1 (0205}—MERS- (Page I of 7 pages) ‘To Order Cal: 1-800-830-9393 1) Fax: 616-791-1931
0242861816118"~ wan
OR: 4243 PG: 1413
which has the address of 233 Palm Drive #2
treet
i 12 (“I Address”);
Naples Florida 2, (“Property ")
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 or canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against 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.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on,
the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment,
together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special
assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c)
premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance
premium to the Secretary of Housing and Urban Development (“Secretary”), or in any year in which such premium would
have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for
the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ji) a monthly charge instead of a mortgage
insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the
Secretary. Except for the monthly charge by the Secretary, these items are called “Escrow Items” and the sums paid to
Lender are called “Escrow Funds.”
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of
1974, 12 U.S.C. §2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time
(“RESPA”), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before
the Borrower’s payments are available in the account may not be based on amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall
account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not
sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage
as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower
tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all
installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to
pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale
of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all
installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs | and 2 shall be applied by Lender as follows:
EIRST to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
the Secretary instead of the monthly mortgage insurance premium;
SECOND, to any taxes, special assessments, leaschold payments or ground rents, and fire, flood and other
hazard insurance premiums, as required;
THIRD, to interest due under the Note;
FLORIDA FHA MORTGAGE
GREATLANO &
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OR: 4243 PG: 1414
EQURTH, to amortization of the principal of the Note; and
HIEFIH, to late charges due under the Note.
4, Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now
in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall
also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the
extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies
and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to,
Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made
promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss
directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by
Lender, at its option, cither (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair
of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the
monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance
proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be
paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the
indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after
the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to
occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are
beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit
waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear
excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take
reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower,
during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to
provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower’s occupancy of the Property as a principal residence. If this Security Instrument is
‘on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the
leaschold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned
and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this
Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security
Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal.
Any application of the proceeds to the principal shall not extend or postpone the duc date of the monthly payments, which are
referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all
outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender’s Rights in the Property. Borrower shall pay all governmental
or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time
directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property,
upon Lender’s request Borrower shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect
Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then
Lender may do and pay whatever is necessary to protect the value of the Property and Lender’s rights in the Property,
including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
FLORIDA FHA MORTGAGE
GREATNO &
ITEM To70213 (0205)—MERS (Page 3 of 7 pages) To Onde Ca: 1-000 90-9050 0 Fax 616-791-110,oo . ~
OR: 4243 PG: 1415
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by
this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of
Lender shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the
lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender’s opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien
to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority
over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take
‘one or more of the actions set forth above within 10 days of the giving of notice.
8 Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults,
require immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior
to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this
Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the
Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the
Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
(i) Alll or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or
otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser
or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the
requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender
does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's
Tights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This
Security Instrument docs not authorize acceleration or foreclosure if not permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be
eligible for insurance under the National Housing Act within eight months
from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this
Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to
eight months from the date hereof, declining to insure this Security
Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing,
this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to
remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of
Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure
proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to
bring Borrower’s account current including, to the extent they are obligations of Borrower under this Security Instrument,
foreclosure costs and reasonable and customary attorneys’ fees and expenses properly associated with the foreclosure
proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in
effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i)
Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately
preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different
grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest
of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender
shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or
FLORIDA FHA MORTGAGE.
GREATLAND @
ITEM To702Lé (0205)—MERS. (Page 4 of 7 pages) Yo Order Call: 1-800-830-5099 0 Fax: 616-791-1131o~ o~
OR: 4243 PG: 1416
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12, Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph %(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear
or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's
consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property
Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail
to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any prot ‘ision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can
be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are
declared to be severable.
15. Borrower’s Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private pasty involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority,
that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, “Hazardous Substances” are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used
in this paragraph 16, “Environmental Law” means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the
Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of
the Property to pay the rents to Lender or Lender's agents. However, prior to Lender’s notice to Borrower of Borrower's
breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of
the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment
and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for
benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect
and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or
Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of
breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any
FLORIDA FHA MORTGAGE
GREATLAND
ITEM To70215 (0205)—-MERS (Page 5 of 7 pages) “To Order Ca: 1-800-530-5990 (3 Fax: 616-701-1131o~ “N
OR: 4243 PG: 1417
application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of
rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose
this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this paragraph 18, including, but not limited to, reasonable attomcys’ fees and costs of title evidence.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate
payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family
Mortgage Foreclosure Act of 1994 (“Act”) (12 U.S.C. 3751 gt sea.) by requesting a foreclosure commissioner designated
under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence
shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law.
19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security
Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under
applicable law.
20. Attorneys’ Fees. As used in this Security Instrument and the Note, attorneys’ fees shall include those awarded by
an appellate court and any attorneys’ fees incurred in a bankruptcy proceeding.
21. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action, proceeding, claim, or
counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Security Instrument
or the Note.
22, Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the
covenants and agreement of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)
[XJ Condominium Rider (1 Graduated Payment Rider (C1 Growing Equity Rider
(Planned Unit Development Rider [[] Adjustable Rate Rider [C1 Rehabilitation Loan Rider
(1) Non-Owner Occupancy Rider [other {Specify}
FLORIDA FHA MORTGAGE
GREATLAND =
ITEM T9702L6 (0205}—MERS- (Page 6 of 7 pages) To Order Call: 1-800-530-9999 C) Fax: 616-791-1131os -_~
OR: 4243 PG: 1418
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in Pages 1 through 7 of this Security
t and in any rider(s iy, XE
Ling say “A pf LL (Seal
Carrie A. Peters “Borrower Zebulon Peters “Borrower
233 Palm Drive #2 233 Palm Drive #2
Naples, FL 34112 Naples, FL 34112
Humd 2007 by
Carnie A. Reters , Eebulon Rters ancl
who is personally known to me or who has . Karen oP teen |
rivers Ucense.
as identification.
Notary Public
Teresa Marie Jackson
Oe ‘My Commission DD362051
wa f ‘Expires December 10. 20:
(ZltJog
FLORIDA FHA MORTGAGE
(TEM 1970217 (0206)—-MERS- (Page 7 of 7 pages) ‘To Order Catt: 1-200 590-0090 0 Fac ete POT
odExhibit A OR: 4243 PG: 1419
The Glades Country Club Apartments #3, Unit No. 2, Building 233, as recorded in OR Book 445, Page 45, Public
Records of Collier County, Florida.
Parcel Identification Number: 34991360003
DoubleTimee
File Number: 2007-088os “~~
OR: 4243 PG: 1420
FHACASENO,
Security Deed ("Security Instrument”) of the same date given the undersigned ("Borrower") secure
Borrower's Note ("Note”)to Taylor, Bean & Whitaker Mortgage Corp. ‘ °
("Lender") of the same date and covering the Property described in the Security Instrument and located at:
233 Palm Drive #2
Naples, FL 34112
[Property Address]
‘The Property includes a unit in, together with an undivided interest in the common elements of, a
condominium project known as: Glades Country Club
(Name of Condominium Project]
(Condominium Project”). If the owners association or other entity which acts for the Condominium Project
(Owners Association”) holds title to property for the benefit ‘or use of its members or shareholders, the
Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of
Borrower's interest.
CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
coverage,” and loss by flood, to the extent required by the Secretary, then: (i) Lender waives
the provision in Paragraph 2 of this Security Instrument for the monthly payment to Lender of
‘onetwelfth of the yearly premium installments for hazard insurance on the Property, and
i) Borrower's obligation under Paragraph 4 of this Security Instrument to maintain hazard
insurance coverage on the Property is deemed satisfied to the extent that the required coverage is
provided by the Owners Association Policy. Borrower shall give Lender prompt notice of any lapse
in required hazard insurance coverage and of any loss occurring from a hazard. In the event of a
distribution of hazard insurance proceeds in lieu of restoration or repair following a lass to the
Property, whether to the condominium unit or to the common elements, any proceeds payable to
Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by
this Security Instrument, with any excess paid to the entity legally entitled thereto.
B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments
creating and governing the Condominium Project.
GEA
ITEM T6544L1 (9612) (Page 1 of 2 pages} ‘To Order Cat: 1-800-530-9393 Difax 616-791-1131
°0231171815118"“os aN
** OR: 4243 PG: 1421 *e*
[Sign Original Only}
{ADD ANY NECESSARY ACKNOWLEDGEMENT PROVISIONS ]
ETA
TEM Tesa2 (612) {Page 2 of 2 pages) ‘To Order Catt 1-800-530-5993 CFax 616-791-1131
Preview
IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR COLLIER COUNTY Taylor, Bean & Whitaker Mortgage Corp. Case #: OW 93 -Ch Plaintiff, Division #: -VS.- UNC: Karen L. Ramdeen and Carrie A. Ramdeen a/k/a Carrie A. Peters; Zebulon Peters; Glades Golf and Country Club, Inc.; Unknown Parties in Possession #1; Unknown Parties in o Possession #2; If living, and all Unknown Parties claiming by, through, under and xr against the above named Defendant(s) who o are not known to be dead or alive, whether DZ said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants Egil Kd £2 jar code 2 Defendant(s). COMPLAINT Comes Now, Plaintiff, Taylor, Bean & Whitaker Mortgage Corp. by and through its undersigned counsel, and files this foreclosure action against the above named Defendant(s), Karen L. Ramdeen and Carrie A. Ramdeen a/k/a Carrie A. Peters; Zebulon Peters; Glades Golf and Country Club, Inc.; Unknown Parties in Possession #1; Unknown Parties in Possession #2; If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants, and states: GENERAL ALLEGATIONS 1. This is an action at law and in equity to enforce a promissory note (“the Note”) and to foreclose a mortgage (“the Mortgage”) on real property located in Collier County, Florida. 2. This Court has jurisdiction based on Florida Statute §26.012.3. Venue is proper because the property is located in Collier County, Florida. 4, On June 6, 2007, there was executed and delivered a Promissory Note and a Mortgage securing payment of said Note to the payee named thereon. 5. The Mortgage was recorded in Official Records Book 4243, Page 1412, of the Public Records of Collier County, Florida, then owned by and in possession of mortgagee, a copy of the Mortgage is attached hereto as composite Exhibit "A", and any subsequent re- recordings, modifications, and/or assignments thereof, if any. 6. Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp. is the original mortgagee on the subject mortgage. 7. Prior to the filing of this action, Plaintiff acquired the right to enforce the Note and Mortgage from the party entitled to enforce the Note and Mortgage. 8. The Plaintiff is the owner and holder of the Note and Mortgage or is the party entitled to enforce the subject Note consistent with Chapter 673 of the Florida Statutes. 9. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in interest. 10. There has been a default under the covenants, terms and agreements of the Note and Mortgage in that the monthly installment due March 1, 2009, and all subsequent installments, remain due and owing. MW. Plaintiff declares the full amount payable under the Note and Mortgage to be due. 12. A principal balance of $189,205.44 is due and owing to the Plaintiff, with interest from and after February 1, 2009, and title search expense for ascertaining necessary parties to this action.13. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be required to make such advances during the pendency of this action. Any such sum so paid will be due and owing Plaintiff. 14, All conditions precedent to the acceleration of this Mortgage Note and to foreclosure of the Mortgage have been fulfilled or have occurred. 15. The record legal title to the property secured by the Mortgage is now vested in Defendant(s), Karen L. Ramdeen and Carrie A. Ramdeen a/k/a Carrie A. Peters. 16. The Defendant(s) Carrie A. Peters, f/k/a Carrie A. Ramdeen, Married Woman, Joined by Her Husband, Zebulon Peters, executed the Mortgage. 17. The rights of the mortgagor(s), note makers(s), current titleholders, and any parties in possession are inferior to the rights of the Plaintiff in regards to the real property secured by said Note and Mortgage. 18. For purposes of collection and foreclosure, the Plaintiff has retained the undersigned attorney and is obligated to pay said attorney a reasonable fee for his services. COUNT I MORTGAGE FORECLOSURE 19. Plaintiff hereby realleges and incorporates herein all the allegations contained in the section titled General Allegations, set forth above. 20. That the Defendant, Zebulon Peters, might have some claim or demand in the subject property by virtue of all interest, if any, in subject mortgage herein as to marital interest or homestead interest and as signatory therein, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. wThe above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 21. That the Defendant, Glades Golf and Country Club, Inc., might have some claim or demand in the subject property by virtue of all unpaid assessments, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 22. That the Defendants, UNKNOWN PARTIES IN POSSESSION #1; UNKNOWN PARTIES IN POSSESSION #2, might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter a judgment of foreclosure against the Defendants herein, foreclosing any and all interest in the subject Mortgage and any interest recorded after the Plaintiff's lis pendens, except for all real property taxes or special assessments in favor of Municipalities and Counties, and any interest subject to Florida Statutes §718.116 and §720.3085, if applicable; and if the proceeds of the sale are insufficient to pay Plaintiff's claim, a deficiency judgment, unless any defendant personally liable shall have been discharged from liability under the subject Note pursuant to the provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq.; and award attorney fees, costs, interest, advances, and for such other and further relief as this court deems just and proper. COUNT I REESTABLISHMENT OF LOST NOTE 23. Plaintiff hereby realleges and incorporates herein all the allegations contained in the section titled General Allegations, set forth above.24. This is an action to reestablish a Promissory Note under Florida Statute §673.3091. 25. On June 6, 2007, at Collier County, Florida, there was executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp. a Promissory Note and Mortgage in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Taylor, Bean & Whitaker Mortgage Corp., in the principal amount of $192,850.00. 26. Plaintiff is not in possession of the subject Promissory Note and Plaintiff cannot reasonably obtain possession of said Note because it is lost, stolen, or destroyed. 27. Plaintiff has the right to enforce the subject Note when lost or destroyed or Plaintiff has acquired the right to enforce the subject Note from the party who had the tight to enforce it when it was lost or destroyed. 28. The loss of possession of the subject Note was not the result of a lawful transfer or due to lawful seizure. 29. Plaintiff will prove the terms and conditions of the subject Note. 30. Plaintiff will indemnify third parties against future unlawful enforcement of the subject Note. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment foreclosing the Mortgage; and enter an order reestablishing said lost document; and if the proceeds of the sale are insufficient to pay Plaintiff's claim, a deficiency judgment, unless any defendant personally liable shall have been discharged from liability under the subject Note pursuant to the provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq., and awardattorney fees, costs, interest, advances, and for such other and further relief as this court deems just and proper. COUNT Ul REFORMATION OF MORTGAGE 31. Plaintiff hereby realleges and incorporates herein all the allegations contained in the section titled General Allegations, set forth above. 32. This is an action to reform the legal description contained in a Mortgage securing real property in Collier County. 33. That at the closing of the subject mortgage referred to in Paragraph 1, a deficient legal description was relied upon in the preparation of Mortgage and closing documents. 34, That when said Mortgage was prepared, an error was made in the legal description of the property encumbered by the subject mortgage, as the description does not correctly identify the land and improvements at 233 Palm Drive, Condo Unit #2, Building #233, Naples, FL 34112 and did not correctly set forth the proper legal description intended by the parties. 35. The correct legal description as set forth in the deed is as follows: UNIT NO. 2, BUILDING 233 OF NO. 3, THE GLADES COUNTRY CLUB APTS., A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, OF RECORD IN OFFICIAL RECORD BOOK 485, PAGES 681 through 822, AS AMENDED, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH AND UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO 36. That apparently said error was mutual and undiscovered by the parties. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter judgment foreclosing the Mortgage; and enter an order reforming the legal description contained in the Mortgage that is the subject of this action to reflect the proper legal description ascontained in the Plaintiff's lis pendens, and award attorney fees, costs, interest, advances, and for such other and further relief as this court deems just and proper. - HOLLAN FINTEL Y FLORIDA BAR 8178 NO. 0847631 SHAPIRO & RISHMAN, LLP Attorneys for#laintiff Pyale'Mabry Highway, Suite 112 Tampa, FL 33618 Telephone: (813) 880-8888 Fax: (813) 880-8800 This is an attempt to collect a debt and any information obtained will be used for that purpose. 09-146177o~ “~ L& 4032217 OR: 4243 PG: 1412 RECORDED in OFFICIAL RECORDS of COLLIBR COUNTY, FL PREPARED BY: 06/13/2007 at 11:33AM DWIGHT §. BROCK, CLBRK OBLD 192850.00 Name: OBLI 192850.00 RBC PER 86.50 Address: Taylor, Bean & Whitaker Mortgage Corp. DOC-.35 675.15 1417 North Magnolia Ave INT-.002 305.70 Ocala, FL 34475 Reta: FORSYTH BRUGGER BT AL Retum to: FORSYTH & BRUGGER 600 FIFTH AVE S #207 600 5TH AVENUE S, STE 207, STE, STE 207 WAPLES FL 34102 6669 NAPLES FL 34102 PLAINTIFF'S COMPOSITE EXHIBIT A {Space Above This Line For Recording Data] ee MIN: 100029500018151187 095-0410075-734 THIS MORTGAGE (“Security Instrument”) is given on June 06, 2007 The mortgagor is Carrie A. Peters, fik/a Carrie A. Ramdeen, a married woman, joined by her husband, Zebulon Peters (“Borrower”). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. (“MERS") (solely as nominee for Lender, as hereinafter defined, and Lender’s successors and assigns), as beneficiary. 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. Taylor, Bean & Whitaker Mortgage Corp. (“Lender”) is organized and existing under the laws of FL _ sand has an address of 1417 North Magnolia Ave, Ocala, FL 34475 Borrower owes Lender the principal sum of One Hundred Ninety Two Thousand Eight Hundred Fifty and no/100 Dollars (U.S. $ 192,850.00 ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument (“Note”), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on July 01, 2037 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (6) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender’s successors and assigns) and to the successors and assigns of MERS the following described property located in Collier ‘County, Florida: See Attached Exhibit A. FLORIDA FHA MORTGAGE 96 GREATLAND & ITEM T9702L1 (0205}—MERS- (Page I of 7 pages) ‘To Order Cal: 1-800-830-9393 1) Fax: 616-791-1931 0242861816118"~ wan OR: 4243 PG: 1413 which has the address of 233 Palm Drive #2 treet i 12 (“I Address”); Naples Florida 2, (“Property ") 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 or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development (“Secretary”), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ji) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called “Escrow Items” and the sums paid to Lender are called “Escrow Funds.” Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. §2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time (“RESPA”), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower’s payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs | and 2 shall be applied by Lender as follows: EIRST to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; SECOND, to any taxes, special assessments, leaschold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; THIRD, to interest due under the Note; FLORIDA FHA MORTGAGE GREATLANO & ITEM To70212 (0205}—MERS (Page 2 of 7 pages) To Orde Cam: 1-200-590-9290 Cy Far: 616-791-1131oo an OR: 4243 PG: 1414 EQURTH, to amortization of the principal of the Note; and HIEFIH, to late charges due under the Note. 4, Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, cither (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower’s occupancy of the Property as a principal residence. If this Security Instrument is ‘on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leaschold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the duc date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender’s Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender’s request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender’s rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. FLORIDA FHA MORTGAGE GREATNO & ITEM To70213 (0205)—MERS (Page 3 of 7 pages) To Onde Ca: 1-000 90-9050 0 Fax 616-791-110,oo . ~ OR: 4243 PG: 1415 Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender’s opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take ‘one or more of the actions set forth above within 10 days of the giving of notice. 8 Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) Alll or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's Tights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument docs not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within eight months from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to eight months from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower’s account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys’ fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or FLORIDA FHA MORTGAGE. GREATLAND @ ITEM To702Lé (0205)—MERS. (Page 4 of 7 pages) Yo Order Call: 1-800-830-5099 0 Fax: 616-791-1131o~ o~ OR: 4243 PG: 1416 otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12, Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph %(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any prot ‘ision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower’s Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private pasty involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, “Hazardous Substances” are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, “Environmental Law” means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender’s notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any FLORIDA FHA MORTGAGE GREATLAND ITEM To70215 (0205)—-MERS (Page 5 of 7 pages) “To Order Ca: 1-800-530-5990 (3 Fax: 616-701-1131o~ “N OR: 4243 PG: 1417 application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attomcys’ fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 (“Act”) (12 U.S.C. 3751 gt sea.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 20. Attorneys’ Fees. As used in this Security Instrument and the Note, attorneys’ fees shall include those awarded by an appellate court and any attorneys’ fees incurred in a bankruptcy proceeding. 21. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action, proceeding, claim, or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Security Instrument or the Note. 22, Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreement of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es) [XJ Condominium Rider (1 Graduated Payment Rider (C1 Growing Equity Rider (Planned Unit Development Rider [[] Adjustable Rate Rider [C1 Rehabilitation Loan Rider (1) Non-Owner Occupancy Rider [other {Specify} FLORIDA FHA MORTGAGE GREATLAND = ITEM T9702L6 (0205}—MERS- (Page 6 of 7 pages) To Order Call: 1-800-530-9999 C) Fax: 616-791-1131os -_~ OR: 4243 PG: 1418 BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in Pages 1 through 7 of this Security t and in any rider(s iy, XE Ling say “A pf LL (Seal Carrie A. Peters “Borrower Zebulon Peters “Borrower 233 Palm Drive #2 233 Palm Drive #2 Naples, FL 34112 Naples, FL 34112 Humd 2007 by Carnie A. Reters , Eebulon Rters ancl who is personally known to me or who has . Karen oP teen | rivers Ucense. as identification. Notary Public Teresa Marie Jackson Oe ‘My Commission DD362051 wa f ‘Expires December 10. 20: (ZltJog FLORIDA FHA MORTGAGE (TEM 1970217 (0206)—-MERS- (Page 7 of 7 pages) ‘To Order Catt: 1-200 590-0090 0 Fac ete POT odExhibit A OR: 4243 PG: 1419 The Glades Country Club Apartments #3, Unit No. 2, Building 233, as recorded in OR Book 445, Page 45, Public Records of Collier County, Florida. Parcel Identification Number: 34991360003 DoubleTimee File Number: 2007-088os “~~ OR: 4243 PG: 1420 FHACASENO, Security Deed ("Security Instrument”) of the same date given the undersigned ("Borrower") secure Borrower's Note ("Note”)to Taylor, Bean & Whitaker Mortgage Corp. ‘ ° ("Lender") of the same date and covering the Property described in the Security Instrument and located at: 233 Palm Drive #2 Naples, FL 34112 [Property Address] ‘The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: Glades Country Club (Name of Condominium Project] (Condominium Project”). If the owners association or other entity which acts for the Condominium Project (Owners Association”) holds title to property for the benefit ‘or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: coverage,” and loss by flood, to the extent required by the Secretary, then: (i) Lender waives the provision in Paragraph 2 of this Security Instrument for the monthly payment to Lender of ‘onetwelfth of the yearly premium installments for hazard insurance on the Property, and i) Borrower's obligation under Paragraph 4 of this Security Instrument to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association Policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage and of any loss occurring from a hazard. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a lass to the Property, whether to the condominium unit or to the common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess paid to the entity legally entitled thereto. B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments creating and governing the Condominium Project. GEA ITEM T6544L1 (9612) (Page 1 of 2 pages} ‘To Order Cat: 1-800-530-9393 Difax 616-791-1131 °0231171815118"“os aN ** OR: 4243 PG: 1421 *e* [Sign Original Only} {ADD ANY NECESSARY ACKNOWLEDGEMENT PROVISIONS ] ETA TEM Tesa2 (612) {Page 2 of 2 pages) ‘To Order Catt 1-800-530-5993 CFax 616-791-1131