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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA, COUNTY, FLORIDA
FIRST LIDO CONDOMINIUM, INC.,
A FLORIDA not-for-profit corporation,
Plaintiffs, Case 2014 CA 004931 NC
Vs.
CLO-ANN GARRISON and
BANK OF AMERICA, NA,
Defendant.
PRO SE MOTION FOR ORDER DIRECTING COURT CLERK TO NOT ISSUE TITLE TO THIRD
PARTY BIDDER AND REFUND FUNDS FROM FORECLOSURE SALE
COMES NOW, Garet and Sarah Clark, Third Part Bidder, see Exhibit A, moves this Honorable Court to:
Not to proceed in issuance of certificate of title of the foreclosed property to Garet Clark and Sarah Clark
and to nullify the issued Certificate of Sale transaction and to return the original amount of $36,001.00
from the auction dated 12/10/2018.
The reasons for this request are:
1. Third Party Bidder was unaware of the action for foreclosure by mortgage company in Case No. 2018
CA 005432 in which the title and ownership that will be transferred to Garet Clark and Sarah Clark, Third
Party Bidder will become subject to that outcome. The title that will be awarded and fulfilled by case
2014 CA 04391 NC will become secondary in lien and title.
2. The completion of transfer of title will cause undue damage and harm to Third Party Bidder, including
and up to loss of original funds used to win the foreclosure auction and future use and ownership.
3. The transfer of title to Third Party Bidder with the action of foreclosure by mortgage in Case 2018 CA
005432, Exhibit B, will allow for undue stress and mental anguish to Third Party Bidder and will not allow
for Third Party Bidder to proceed with plans and opportunities for the awarded property.
In stating the previously mentioned reasons the Third Party Bidder is no longer interested in the property
and believes that awarding Third Party Bidder titles will not onty damage them but will only interfere in
the process of completing foreclosure proceedings by the mortgage company and future outcomes.
Exhibit A and Exhibit B Attached
4
Garet Clark and Sarah Clark
BACH bad Ube
6734 Devesta Loop
Palmetto, Fl , 34221
72/-709-8689
Filed 01/25/2019 10:12 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLE L ‘bit L
ki IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA
"] IN THE COUNTY COURT IN AND FOR SARASOTA COUNTY, FLORIDA
CASE NUMBER:
2014 CA 004931 NC
FIRST LIDO CONDOMINIUM, ING., A FLORIDA NOT-
PLAINTIFF(s)
FOR-PROFIT CORPORATION,
VS.
LO-ANN GARRISON; ET AL.
DEFENDANT(s
CERTIFICATE OF SALE
The undersigned Clerk of the Circuit Court certifies that notice of public sale of the property
described in the Order or Final Judgment was published in the Business Observer, a newspaper
circulated in Sarasota County, Fiorida, in the manner shown by the Proof of Publication
attached, and on December 12, 2018, the property was offered for public sale to the highest and
best bidder for cash. The highest and best bid received for the property in the amount of
$36,001.00 was submitted by: GARET CLARK SARAH CLARK to whom the property was sold.
The proceeds of the sale are retained for distribution in accordance with the Order or Final
Judgment.
WITNESS my hand and the seal of said Court on December 12, 2018.
KAREN E. RUSHING
get ‘#2
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oie? =
Deputy ClerkExhibit KB
a
Filing # 79251309 E-Filed 10/12/2018 11:05:07 AM
IN THE CIRCUIT COURT OF THE
TWELFTH JUDICIAL CIRCUIT, IN AND
FOR SARASOTA COUNTY, FLORIDA.
CASE No.
BANK OF AMERICA, N.A.,
PLAINTIFF,
VS.
CLO-ANN GARRISON A/K/A CLOANN
GARRISON A/K/A CLO-A GARRISON; UNITED
STATES OF AMERICA ON BEHALF OF
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT: FIRST LIDO
CONDOMINIUM, INC.; UNKNOWN SPOUSE
OF CLO-ANN GARRISON A/K/A CLOANN
GARRISON A/K/A CLO-A GARRISON:
UNKNOWN TENANT #1; ANY AND ALL
UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER AND AGAINST THE
NAMED INDIVIDUAL DEFENDANT(S) WHO
ARE NOT KNOWN TO BE DEAD OR ALIVE,
WHETHER UNKNOWN PARTIES MAY CLAIM
AN INTEREST AS SPOUSES, HEIRS,
DEVISEES, GRANTEES, OR OTHER
CLAIMANTS.
DEFENDANT(S).
/
COMPLAINT TO FORECLOSE MORTGAGE
Plamtiff BANK OF AMERICA, N.A., sues Defendant(s) and alleges:
COUNTI. MORTGAGE FORECLOSURE
1. This action to foreclose a mortgage on real property in Sarasota County, Florida.
2. The Court has jurisdiction over the subject matter.
3. Clo-Ann Garrison a/k/a Cloann Garrison a/k/a Clo-A Garrison, executed and delivered a
promissory note (“Note”), dated March 25, 2010 in favor of Reverse Mortgage Associates,
LLC. Acopy of the Note is attached hereto as Exhibit A.
4. Clo-Ann Garrison a/k/a Cloann Garrison a/k/a Clo-A Garrison, executed and delivered the
Home Equity Conversion Mortgage (“HECM” or “‘Mortgage”’) dated March 25, 2010, securing
the promise to pay the sums due under the Note. A copy of the Mortgage is attached hereto as
Exhibit B. The Mortgage was recorded on May 3, 2010 in Official Records Instrument
2010054136, of the Public Records of Sarasota County, Florida, and encumbered the property
Page | of 4
Our Case #: 5 7-001366-FHA-GNMA-REV\RMS
Filed 10/12/2018 05:13 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLdescribed in the Mortgage then owned by and in possession of the Mortgagor.
5. 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(s) or the mortgagor(s)’ predecessor(s) in interest.
6. Plaintiff is the holder of the original Note secured by the Mortgage pursuant to Fla. Stat. §
702.015(2)(a).
7. Plaintiff declares the full amount payable under the Note and Mortgage to be due, pursuant to
the terms of the Mortgage.
8. Grounds for acceleration exist because Clo-Ann Garrison a/k/a Cloann Garrison a/k/a Clo-A
Garrison failed to perform an obligation under the Mortgage: payment of Taxes and Insurance.
The Secretary of Housing and Urban Development approved this occurrence as grounds for
acceleration of the debt on or about February 16, 2016.
9. As of September 21, 2018, Defendant(s) owe Plaintiff $843,674.57 that is due and owing on
principal on the Note and Mortgage plus interest, and title search expenses for ascertaining
necessary parties to this action. Additional amounts may accrue hereafter.
10. 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.
11. The property is now owned by Defendant Clo-Ann Garrison and the record legal title to said
mortgaged property is now vested in Defendants(s), Clo-Ann Garrison, if living and if dead, the
unknown spouses, heirs and beneficiaries of Clo-Ann Garrison who hold or holds possession.
12. All conditions precedent to the acceleration of this Note and to foreclose of the Mortgage have
been fulfilled and have occurred.
13. Plaintiff is obligated to pay its attorneys a reasonable fee for their legal services. Plaintiff is
entitled to recover its attorneys’ fees pursuant to the express terms of the note and mortgage.
14. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and
subject to the prior claim of Plaintiff.
15. Plaintiff's Mortgage is superior in right, title, and seniority to any interest in the property
inuring to the Defendant, United States of America on Behalf of Secretary of Housing and
Urban Development, including, but not limited to, Mortgage recorded May 3, 2010, in Official
Records Instrument 2010054138 of the Public Records of Sarasota County, Florida. A copy is
attached hereto as Exhibit C.
16. Defendant, Unknown Spouse of Clo- Ann Garrison a/k/a Cloann Garrison a/k/a Clo-A Garrison,
Page 2 of 4
Our Case #: 17-001366-FHA-GNMA-REV\RMSmay claim some right, title, or interest in the property herein sought to be foreclosed by virtue
of homestead rights, possession or some other unknown interest, the exact nature of which is
unknown to Plaintiff and not a matter of public record. However, said interest, if any, is
subordinate, junior, and inferior to the lien of Plaintiffs mortgage.
17. Any interest m the property inuring to the Defendant, First Lido Condominium, Inc., is
subordinate and inferior to the lien of Plaintiff's Mortgage, including, but not limited to Final
Judgment recorded March 31, 2015, in Official Records Instrument 2015037588 of the Public
Records of Sarasota County, Florida.
18. Any interest in the property inuring to the Defendant, First Lido Condominium, Inc., is
subordinate and inferior to the lien of Plaintiff's Mortgage, including, but not limited to Final
Judgment recorded March 31, 2015, in Official Records Instrument 2015037189 of the Public
Records of Sarasota County, Florida.
19. Defendant(s), Unknown Tenant #1, may claim an interest in the subject property as tenant(s)
pursuant to a lease agreement, either written or oral, and/or by virtue of being in possession of
the subject property. Said interest is subject, subordinate, and inferior to the lien of the
Mortgage held by Plaintiff.
20. Defendant, First Lido Condominium, Inc., may claim some interest in the subject property as a
result of a Notice of Lis Pendens recorded on August 22, 2014 in Official Records Instrument
2014100949, of the Public Records of Sarasota County, Florida. Said interest is subject,
subordinate, and inferior to the lien of the Mortgage held by Plaintiff.
21. Defendant, First Lido Condominium, Inc., may claim some interest in the subject property by
virtue of possible association liens and assessments. Said interest is subject, subordinate, and
inferior to the lien of the Mortgage held by Plaintiff.
22. Any and all unknown parties claiming by, through, under and against the herein named
individual defendant(s) who are not known to be dead or alive, whether said unknown parties
may claim an interest as spouses, heirs, devisees, grantees, or other claimants are joined as
defendants herein. The claims of said defendants are subordinate, junior, and inferior to the
interest of Plaintiff.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and, when
applicable, for attorney’s fees); requests that the Court ascertain the amount due to Plaintiff for
principal and interest on the Mortgage and Note and for abstracting, taxes, expenses and costs,
including attomey’s fees, plus interest thereon; that if the sums due Plaintiff under the Mortgage
Page 3 of 4
Our Case #: 17-001366-FHA-GNMA-REV\IRMS |and Note are not paid immediately, the Court foreclose the Mortgage and direct the Clerk of the
Court sell the Property securing the indebtedness to satisfy the Plaintiffs Mortgage lien in
accordance with the provisions of Florida Statutes §45.031 (2006); that the rights, title and interest
of any Defendant, or any party claiming by, through, under or against any Defendant named herein
or heremafter made a Defendant be forever barred and foreclosed; that the Court appoint a receiver
of the Property and of the rents, issues, income and profits thereof, or in the alternative, order
sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and
that the Court retain jurisdiction of this action to make any and all further orders and judgments as
may be necessary and proper, including the issuance of a writ of possession.
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
Reverse Mortgage Solutions, Inc., duly authorized
Servicer & Attorney-in-Fact for BANK OF
AMERICA, N.A.
~ ‘
Name: Alicia Powers
Title: Authorized Signer
Date: October 2, 2018
RE: Borrower: Clo-Ann Garrison a/k/a Cloann Garrison a/k/a Clo-A Garrison
Address: 1900 Benjamin Franklin Dr #304 Arlington, Sarasota, FL 34236
File#: 17-001366-FHA-GNMA-REV
TROMBERG LAW GROUP, P.A.
Attorney for Plaintiff
1515 South Federal Highway, Suite 100
Boca Raton, FL 33432
Telephone #: 561-338-4101
Fax #: 561-338-4077
Email: ese ce@trombe glaw group.com
This is an attempt to collect a debt, and a Een obtained will be used for that purpose.
Page 4 of 4
Our Case #: 17-001366-FHA-GNMA-REVIRMSEXHIBIT A‘ State of Florida
Property Address:1800 Ben Franklin Dr # 304A, Sarasota, Fl. 34236
March 25,2010
Borrower's Post Office Address {if different from above):
MANNER OF PAYMENT
{A) Ttme
Borrower shail pay ei! outstanding peincipal and sccrued interest to Lender upon receipt of a notice by Lender
requiring immediale payment-in-full, as provided in Paragraph 6 of tis Note.
Place ‘
Payment shell be made et 268 East itarion Avenue, Sulle #116, Punta Gorda, FL. 33950 or any such
other place es Lender may designates in writing by nofice to Borrower.
Linitation of Lieblifty
Borrower shall have no personal Kebillly for payment of the debt. Lender shell enforce the debt only through
sate of the Property covered by the Security Instrument (Proporty’). i ths ote le enaiones £0 Sm to Lone
Borrower shall not be fable for any between the mortgage inewrance benefite paid to Lender
outstanding indebtedness, including eccrued interest, owed
S
3
the
and the by Borrower at the time of the
BORROWER'S RIGHT TO PREPAY
A Bomrower has the right to pay the dobt evisencod by Gus Note, in whee or a Part, Wes Ste oserieed
amount of debt prepaid will be eppiied to reduce the principe! belance of the Second Note desorbed in
Paragraph 11 of this Note and then to reduce the principal baiance of this Note.
All prepayments cf tha principa! balance shail be applied by Lender as follows:
Firat, to thet portion of the principal belence representing aggregete payments for mortgage insurance
_ Second, to thet portion of the principal balance represeniing agoregele payments for servicing fees;
Third, to that portion of the principel balance representing ecorusd interest due under the Note; and
Fotsth, to the remaining portion of the principal balance.
DAMEDIATE PAYMENT4IN-FULL
(A) Deeth or Sale
Lender may require immediate payment-in-full of all outstanding pstncipel and sccrusd interest U:
(@ ABorrower dies and the Property is not the principal residence of at least one surviving Borrower, or
BOM Poend Rate Closed End 1% date Fledde 1
fap 2087.
(3) A Gorrower conveys ef of his or her Wie to tha Properly and no other Borrower retains We to the
Property in fee simple or on a leasehold interest as sot forth in 24 CFR 206 45/a).
Grounds .
Lender may require immediete payment-in-fd of all outstending puincipel and accrued interest, upon approval
by an authorized represeniative of the Secretary, if .
() The Property ceases to be the principe! residence of @ Borrower for reasons other than death end the
Proporty is not the principal residence of at isasi one other Sorrower:
(8) For a period of longer than 12 conseculive months, a Borrower falls to physically occupy the Property
because of piysicel or mental Mnees snd te Property i not the princips! rasidence of ai least one
(@) An obligation of the Borrower under the Secusily inatrument Is not performed.
if Lender hes required (mmediate peyment-in-ful as described above, the debi enforced through sale of the
Property may Include coste and reasonable and customary fees, associated
with enforcement of this Note to the extent not protiibited by applicable law. Such fees and costs shall bear
interest from the date of dlebursoment at the seme mis as the paincipal of this Note.
Trusts
Conveyance of a Borrower's intereat in the Property to a tuet which meets te requirements of the Secretary,
or conveyance of a trust's intarests in the Property to a Borrower, sirall not be considered a conveyance for
purposes of thie Paragreph. A trust shad not be considered an cccupant or be considered se having 9
principal residence far purposes of this
WANERS °
Borrower weives the rights of prosentnent and notice of Gshonor. “Presentment” means the tight to require Lender
to demend payment of amounts due. “Notice of dishonor” means the tight to require Lender to give nofce to other
persone that amounts due have act been paid.
GIVING OF
Unines epnitcable tew requires a different method, sry notice that must be given to Borrower undor this Note wail be
given by cetivering It er by mailing It by first clees mail to Borrower at the property address sbove or at a different
address if Borrower has given Lender a notice of Borrower's diferent address.
Any notice thet must be given to Lender under this Note wii be by first chies mail to Lender at the address
stated In Paragreph 4(B) or at an different eddrees f Borrower is a notice of thet diferent addrose.
OBLIGATIONS OF PERSONS UNDER THiS NOTE
¥ more then one persan signs this Note, each person le fully obligated to keep ail of the promises made In this Note.
Lender may enforce fis rights under this Note only through sele of the Property.
Note
Because Borrower will be required to repay amounts which the Secreiasy may make to or cn behalf of
Borrower pursuant to Section 2660){1 XA) of the Netional Houstag Act and the Loen Agreement, the Secrvtaty
has required Borrower to grant a Second Note to the Secretary.
(B) Relationship of Secretary Peyments to this Note
Payments made by the Gecretary sheil not be Included In the debt due under this Nete uniess:
§): This Note is assigned to the Secretary; or
®) The Secrotary accepts reimbursements by the Lender for el payments made by the Secretary.
ff the clecumstences described In (1) or (i) occur, then all payments by the Secretary, including interest on the
payments, shail be included in the debt.
(C) Giect on Borrower .
Where there is no sseignment or sekmbursement as described in (6))) er Gi), and the Secretary makes
payments to Borrower, then Borrower shail not .
@ Be required to pay amounts owed under this Note unill the Secretary has reqsired payment-in-fdl of afi
outstanding principal and accrued tntersel under the Second Note held by the Secretary,
nobetthstending anything to the contrery in Paragraph 7 of this Note; or
5) Be obtigated to pay interest or shared appreciation under Uris Note at any time, whether accrued before
or after the payments by the Secretary, and whether or not accsued Interest has been included in the
batance of this Note, notatthetandiag enything to the convary in Paragraphs 2 or 5 of this Note
or any Allonge to this Note. °
SOU Feed Rate Cloned tind 4" tote Fledés 2
sagsnIaeeeThe state documentary tax due on this Nole hes been paid on the morigage securing the indebtedness.
BY SIGNING BELOW, Borrower accepis and agrees fo the terms and covenants conlained In this Note.
HEC Ficed Mate Closed End 1" Hote, Fiortéa 3
agent 2008PAY TO THE ORDER OF
WITHOUT RECOURSE
See ik 0
SOARCY A TYLER
OFFICERDIRECT ENDORSEMENT ALLONGE
For purposes of further endorsement of the following described note, this Allonge is affixed and
becomes a permanent part of said note this 25TH day of March 2010.
Borrower(s): Clo-Ann Garrison
Property Address: 1900 Ben Franklin Dr # 304A, Sarasota, FL 34236
Principal Balance: $ 938,250.00
Loan Date: March 25, 2010
PAY TO THE ORDER OF
Bank of America, N.A., a National Banking Association
WITHOUT RECOURSE
- ‘Company Name: neverse Morigage Associates, LLC
By: Robert Wyatt
omy
yf
monk AN & Ae LA
{Signature - Must be authorized corporate signor)
Vice President
(Title of corporate signor)EXHIBIT BWO (1) RECORDED IW CFFICTAL RECORDS
9318. aS
SN aS STRAT 2UO641% 15 8
, 2010 MAY 03 05:35 PM
KAREN E. RUSHING
Afar Recording Return To: CLERK OF THE CIRCUIT COURT
COEANKOP AMERICANA SE TG Race ptaiy7 3736
Reverse ASSOCIATES, _——_-SARRSOT COUNTY»
wivwwwe« Doc Stamp-Mort: 3,284.05
Intans. Tax: 1,876.50
Bank of America, WA Oh OL ie| Congles
11120 NE 33rd Place,
Bellevue, WA 96004
State of Florida
Parcel ID: 2017151030
FIXED RATE
HOME EQUITY CONVERSION MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on March 25, 2010 (‘Date’). The mortgagor Is:
Clo-Ann Garrison, aka Cloann Garrison, aka Cio-A Garrison, an Unmarried Woman whose
(b) the payment of ail other sums, with interest, advenced under paragraph
Security Instrument or otherwise due under the terms of this Security instrument; and (c) the performance
of Borrower's covenants and agreements under this Security Instrument and the Note. The full debt,
amounts described in (a), (b), and (c) above, I not paid earlier, is due and peyable on October
including
25, 2060. For this purpose, Borrower does hereby mortgage, gram end convey to
described property located in SARASOTA County, Florida:
See Attached APN #2017151030
which has the address of: 1900 Ben Franklin Dr # 304A, Sarasota, FL 34236 ("Property Address”).
Borrower's Post Office Address (if different from above):
Shall slaw be covered by this Seourity Instrument. All of the foregoing Is referred to in this Security
instrument as the “Property.”
Mortgege Cadence tne. © 0210 (02/06) 4Fire, Flood and Other Hazard Insurance. Borrower shell insure all improvements on the Property,
whether now in existence or subsequently erecied, against any hazards, casualties, and
contingencies, including fire. This insurance shail be maintained in the emounts, to the extent end
tn the event of forectosure of this Security Instrument or other transfer af tile to the Property that
the Indebledness, all right, title and interast of Borrower in and to Insurance policies In
extinguishes
force shail pass to the purchaser.
Occupancy,
Application; Leaseholds. Borrower shail . establish, and use the Property as Borrower's
principal after the execution of tis Security and Borrower (or at least cne
Borrower, if initially more then one person are Borrowers) shall continue to occupy the Property as
rasidence for the term of the Seourily ” shall4.
Borrower shail not commit waste or destroy, damage or substantially change the Property or allow
the Property to detertorate, reasonable wear snd tear excepted. Borrower shail eiso be in defeutt if
Borrower, during the losn application process, gave materially false or Inaccurate information or
stataments to Lender (or failed to Lender with any material information) in connection with
the joan evidenced by the Note, Including, but not Emiied to,
occupancy of the Property es a residence. ff this Security Instrument is on a leasehold,
principal
Borrower shail comply with the provisions of the lease. If Borrower acquires fee title to the Property,
the leasehold and fee tte shall not be merged untess Lender agrees to the merger in writing.
for
whatever Is necessary to protect the velue of the Property and Lender's rights in the Property,
including peyment of taxes, hazard insurence end other items mentioned in Paragraph 2.
To protect Lender's securtly in the Property, Lender shell advance and charge to Borrower si
gmounts due to the Secretery for the Mortgage Insurance Premium as defined in the Loan
Agreement as weil as ail sums dus to the loan servicer for servicing activities es defined in the Loan
instrument. Any excess proceeds over an amount required to pey ali outstanding
under the Note and this Security Instrument shalt be paid to the entity legally entitied thereto.
Fees. Lender may collect fees and charges authorized by the Secretery.{b)
(c)
(d)
(e)
()} A Borrower dies and the Property is not the principal residence of at least one surviving
* oF
(3) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning
ail or part of the Property) is sold or otherwise transferred and no other Borrower retains
beyond the date of the 100th birthday of the Borrower or retains a life estate,
(or retaining a beneficial Interest in a trust with such an interest in the Property).
Ove and Payable with Secretary Approval. Lender may require immediate payment-in-full of
afi sums secured by this Security Instrument, upon approval! of the Secretary, it:
() The Property ceaees to be the principal residence of a Borrower for reasons other than
death and the Property Is not the principe! residence of at least one other Borrower, or
(f} For a period of longer than 12 consecutive months, s Borrower fails to occupy the
Property because of physical or mental iiness end the Property ie not the principal
residence of at least one other Borrower, or
(ii) An obligation of the Borrower under this Security Instrument is not perfonned.
Notice to Lender. Borrower shail notify Lender whenever any of the events listed in this
Paragraph 9 (a)(li) and (b) occur.
Notice to Secretary and Borrower. Lender shail notify the Secretary and Borrower whenever
the loan becomes due and payable under Paragraph 9 (a){ii) and (b). Lender shall not have
the right to commence forectosure until Borrower hes had 30 days after notice {o either:
(i} | Correct the matter which resulted in the Security Instsument coming due and payable; or
() Pay the baiance in full; or
(i) Sell the Property for the lesser of the belance or 95% of the appraised value and apply
the net proceeds of the sale toward the belence; or
(iv) Provide the Lender with e deed-in-feu of foreciosure.14.
12.
:
Reinstatement. Borrower hes a fight to be reinstated H Lender has required
peyment-in-full. This right applies even after foreclosure proceedings are institulsd. To reinstate this
Security Instrument, Borrower shall correct the Condiion i eee en etome/ foes and
and
foreciosure preclude
different grounds in the future, or (ti) reinstatement wii adversely affect the priorily of the Security
Lien Status.
(2) Modification. Borrower agrees to extend this
Peragreph 12(a). If Lender determines that the original lien status of the Security instrument
is under state law (Including but
talad to have performed an obligation under this Security Instrument.
(b) Tax Deferral Programs. Borrower shell not participate in a real estate tax deferral program, if
any Kens created by the tax deferral ere not subordinate to this Security instrument.
(c) Prior Liens. Borrower shell prompt dlacharge any lien which hes priority ows’ te Gesstiy43.
14.
16.
16.
more of the actions set forth above within 10 days of the giving of notice.
Relationship to Second Security Instrument.
(a) Second Security Instrument. in order to secure payments which the Secretery may make to
(b) Relationship of First and Second Security Instruments. Payments made by the Secretary
shail not be included in the dabt under the Note unless:
(1) This Security Instrument Is assigned to the Secretary; or
(ii) The Secretary accepts reimbursement by the Lender for ail peyments made by the
Secretary.
If the circumstances described In (1) or Qf) occur, then ail payments by the Secretary, Inctuding
interest on the payments, but exciuding late charges paid by the Secretary, shal! be included
(c) Effect on Borrower. Where there is no assignment or reimbursement as dasoribed In (b){i)
or (ii) end the Secretary makes payments to Borrower, then Bosrower shail not
() Be required to psy amounts owed under the Nota, or pay any rents and revenues of the
Property under Paragraph 19 to Lender or a receiver of the Property, until the Secretary
has required paymentinful ofall outstanding principal and socrued interes! undor the
Second Note; or
(i) Be obligated to pay interest or shared appreciation under the Note al any time, whathar
accrued before or after the payments by the Secretary, and whether or not accrued
interest has been Included in the principal balance under the Note.
{d) No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the
Second Security Instrument or to take actions to preserve the value of the Property, even
though Lender may be unable fo collect amounts owed under the Note because of restrictions
in this Paragraph 13.
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or
remedy shall not be e waiver of or prectude the exercise of any right or remedy.
this Security Instrument shail bind and benefit the successors and assigns of Lender. Borrower may
not assign any rights or obligations under this Security Instrument or under the Note, except fo a
trust that meots he requremonts of he Secretary. Bermowers covenenis and sqreemonis halite
Notices. Any notice to Borrower provided for in thie Security instrument shall be given by delivering
i or by maling ft by fret cass mail unless epphoable lew ressinas Oo ot at Borrowore. jl17.
instrument shail be deemed to have been given to Borrower or Lender when given as provided in
this Paragraph 16.
Governing Lew; Severability. This Securty instrument shall be governed by Federe! law end the
law of the jurisdiction in which the Proparty Ia located. in the ever! that ary provision os ace oF
provisions of this Security Instrument or the Note which can be given elfect without the confiicting
provision. To this end the provisions of this Security instrument and the Note are deciared to be
46. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Securily
NON-UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
419. Assignment of Rents. Borrower unconditionally assigns and transfers to Lendor eil the rents and
revenues of the Property. Borrower suthorizes Lender or Lender's agents to collect the rents and
Security
the Property #s trustee for the benefit of Lender and Borrower. This assignment of rents constitvies
an absolute assignment and not an assignment for edditional security only.
instrument;
each tenant of the Property shail pay afl rents due and unpaid to Lender or Lender's agent on
Lender's written demand to the tanant.
Borrower hes not executed any prior assignment of the rents and has not and will not perform any
act that would prevent Lender from exercising tts rights under tis Paragraph 19.
Lender shall not be required to enter upon, take control of or maintsin the Property before cr sfter
giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so
at any time there is @ breach. Any application of rents shell not cure or waive any defaul 622. Release. Upon payment of all sums secured by thie Securtty Instrument, Lender shail release this
er reaing the Secuty norman ty feta psd ad py tr ove radars
rendered
23. Attorneys’ Fees. As used in this Security Instrument and the Note, attorneys’ fees shall include
those awarded by an appellate court end any altomeys' fees Incurred in # banicuptcy proceeding.
24. Jusy Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action,
proceeding, claim, or counterciaim, 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.
25. Roo es lt a ace Creare enor nam riders avo execuled by Borower and recorded
the
on nal ermend and suppioment he covenants and agreements of this Security Instrument as if
the rider{s) were a part of this Security Instrument. (Check applicable box(es).
{X] Condominium Rider { } Ptanned Unk Development Rider
{ ] Shared Appreciation Rider ( ] Other(s) fepectly}
Morignge Cadence inc. © 0210 (02/06)contained in
SY SIGNING BELOW, Borrower sccepts and agrees to the terms and covenants
this Security Instrument and in any rider(s) executed by and recorded wah it.
Signed, sealed and delivered In the presence of: _— 2
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The foregoing instrument was acknowledged before Me this LS day of
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Mortgage Cadence inc. © 0210 (0206) t6EXHIBIT “A”
Unit 304, Arlington House of Lido Harbour, a Condominium,
according to the Declaration of Condominium thereof,
recorded in Official Records Book 661, Page(s) 86 through 113,
and amendments thereto recorded in Condominium Book 2,
Page(s) 12 and 12A, of the Public Records of Sarasota County,
FloridaCONDOMINIUM RIDER
(Home Equity Conversion Mortgage)
THIS CONDOMINIUM RIDER Is made this 25TH day of March 2010 and Is incorporated into and shell
be deemed fo amend and supplement the Mortgage, Osed of Trust or Security Deed ("Security
instrument’) of the same date given by the undersigned Borrower") to secure Borrower's Note ("Note") to
REVERSE MORTGAGE ASSOCIATES, LLC (“Lender”) of the same date and covering the Property
described in the Security Instrument end Located et 1900 Ben Franklin Dr # 304A, Saresote, FL 34236
("Property Address”). The Property includes @ unit in, together with an undivided Interest In the common
elements of, 8 condominium project known ss:
Lido Harbour
[Name of Condominium Project}
(Condominium Project’) if the owners association or other enilly which acts for the Condominium Project
COwners Association”) holds tite to property for the benefit or use of lis members or sherehoidere, 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 Secuity
instrument, Borrower and Lender further covenant and agree as follows:
A So long 8s the Owners Association maintains, with a generally accepted Insurance carrer, &
documents, includingcreating and goveming the Condominium Project
if Borrower does not pay condominium dues ard assessments when due, then Lender may pay
them. Any amounts disbursed by Lender under this paragraph C shail become additional debt of
Borrower secured by the Security Instrument. Uniess Borrower and Lender agree to other terms of
payment, these amounts shell bear interest from the date of disbursement at the Note rate
NING BELOW, Borrower accepts and agrees to the tems and provisions contained in this
HECM 1* Conde RiderEXHIBIT CREOROED IH CFFICIA. RECORS
remra AV (3) TATRUMENT LOOK 13 gS
MARKET PLACE
286 E. Marion Avenue, #116 2010 MAY 03 05:35 PH
Punta Gorda, FL. 33050 meee ENE: RUSHING
IRCUIT COURT
. Ens mOnTOADe ASSOCIATES, LLC SARASOTA COUNTY FLORIDA
CEAGLETD Receiett1273738
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Bark of America, WA. oKarvel Canules
11120 NE 33rd Place, Suite 269
Bellevue, WA 88604
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State of Florida FHA Case
Parcel 1D: 2017451030 Application
Loan Servicing Number:
FIXED RATE
HOME EQUITY CONVERSION SECOND MORTGAGE
THIS MORTGAGE ("Security instrument’ or “Second Security instrument’) fs given on March 25, 2010
aka Clo-A Garrison,
purpose, does
located in SARASOTA County, Florida:
See Attached APN #2017151030
which has the address of: 1900 Ben Franklin Dr # 304A, Sarasota, Fl. $4236 (‘Proparty Address").
Borrower's Post Office Address (if different from above):
TOGETHER WITH ail the improvements now or hereafier erected on the property, and al! easements,
rights, appurtenances, and fixtures now cr hereafter 8 part of the property. All replacements and additions
shall also be covered by this Security Instrument. Al of the foregoing is referred to In this Security
Instrument as the “Property.”
Monigage Cadence Inc © - 028% (62008)UNIFORM COVENANTS. Borrower and Lender covenant and egree as follows:
1.
2.
Payment of Principal and Interest. Borrower shail pay when due the principal of, and interest on,
the debt evidenced by the Second Note. :
by Lender. Borrower shail also Insure aii improvements on the Property,
periods
whether now in existence or subsequently erected, against loss by floods to the extent required by
renewals shall be held by Lender and shall include loss
. any
payable clauses in favor of, and In a form acceptable to, Lender.
in the event of forectosure of this Security Instrument or other transfer of fie to the Property that
the indebtedness, ail right, tite and interest of Borrower in and to Insurance policies in
extinguishes
force shall pass to the purchaser.residence” shail have the same meening as in the Loan Agreement.
Borrower shail not commit waste or destroy, damege'or substantially change the Property or allow
reasonable weer and tear excepted. Borrower shail also be in default if
Borrower, during the loan applicetion process, gave materially faise or inaccurate information or
Borrower shell promptly furnish to Lender receipts evidencing these payments. Borrower shail
discharge any Ken which has priority over this Security Instrument In the manner provided
prompily
in Paragraph 12(c).
over sn smount required to pey all outstanding Indebtedness under the Second Note and this
Security instrument shail be paid to the entity legally entitled thereto.(0)
(b)
(c)
(d)
Due and Payable. Lender may require peyment-in-full of ail sums secured by this Security
Instrument ff: ° ”
(i) A Borrower dies and the Property is not the principal residence of at least one surviving
Borrower; or
(5) Ail of a Borrower's lle In the Property (or his or her beneficial interest in a trust owning
50 yeers beyond the date of the 100th birthday of the youngest Borrower or retains a
tife estate, (or retaining a beneficial interest in a trust with such an interest in the
Property); or
(ti) The Property ceases to be the principal residence of a Borrower for reasons other than
death and the Property is not the principe! residence of at least one other Borrower; or
(v) For a period of longer then 12 consecutive months, a Borrower fails to ocoupy the
Property because of physical or mental [ness and the Property is not the principal
residence of at least one other Borrower, or
(v) An obligation of the Borrower under this Securtly Instrument Is not performed.
Notice to Lender. Borrower shall notify the Lender whenever any of the events listed in
Paragraph 9(a){ii)}-{v) occur.
Notice to Borrower. Lender shall notify Borrower whenever the loan becomes due. and
payable under Paragraph 9(aXli)-(v). Lender shall not heve the right to commence
foreclosure unti! Borrower has had 30 days after notice to either:
() Correct the matter which resuited In the Security Instrument coming due and payabie;
or
(i) Pay the balance {n full or
(i) Sell the Property for the lesser of the belance or 85% of the appraised vaiue and apply
the net proceeds of the sale toward the balance; or
(lv) Provide the Lender with a deed-in-teu of foreclosure.
Trusts. Conveyance of a Borrower's interest In the Property to a trust which meets the
requirements of the Secretary, or conveyance of a trust's Interests in the Property to a
Borrower, shell not be considered a conveyance for purposes of this Paragraph 9. A trust
shail not be considered an occupant or be considesed as having a principal residence for
purposes of this Paragraph 9.11,
12,
Reinstatement. Borrower has a right to be reinstated if Lender has required immediate
payment-in-full. This right applies even sfer foreclosure proceedings are instiuted. To reinstate
Seauily Borrower shell for
of forectosure proceedings years
coramencement of a current foreclosure proceeding, (fi) reinstatemnent will preclude foreciosure on
diferent grounds in the future, or (ii) reinstatement will adversely affect the priority of the Security
(a) Modification. Borrower agrees to extend this Security Instrument in accordance with this
Paragraph 12(a). if Lender determines that the original len status of the Security Inetrument
is jeopardized under state law (including but not limited to situations where the amount
{b)} Tax Deferral Programe. Borrower shail not participate in a rea! estate tax deferral program,
if any liens created by the tax deferral are not subordinate to this Security Instrument.
(e) Prior Liens. Borrower shell promptly discharge any len which has priority over this Security14.
15.
16.
17.
Instrument.
{b) Retationship of First and Second Security instruments. Payments made by the Secretary
shall not be included in the debt under the First Note unless:
(i) The First Security instrument is assigned to the Secretary; or
The Secretary accepts reimbursement by the holder of the First Note for all payments
made by the Secretary.
If the circumstances described in (i) or (if) occur, then all payments by the Secretary,
including interest on the payments bik excluding tale charges paid by the Secretary, shail be
included in the debt under the First Note
{c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b){i)
or (8) and the Secretary makes payments to Borrower, then Borrower shail not:
(i) Be required to pay amounts owed under the First Note, or pay any rents end revenues
(3) Be obligated to pay inferest or shared appreciation under the First Note at any time,
whether accrued before or after the payments by the Secretary, and whether or not
accrued Interest has been included in the principal balance undor the First Note.
(d) No Duty of the Secretary. The Secretary has no duty to the hoider of the First Note to
. @nforce covenants of the Second Security Instrument or to take actions to preserve the value
of the Property, even though the holder of the First Note may be unable to collect amounts
owed under the First Note because of restricEons In this Paragraph 13.
(e) Restrictions on Enforcement. Notwithstanding anything else in this Security Instrument, the
Borrower shall not be obligated to comply with the covenants hersof, and Paragraph 19 shail
have no farce and effect, whenever there is no outstanding balance under the Second Note.
Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or
remady shall not be a waiver of or prectude the exercise of any right or remedy.
The shail the Property any
designate. Any nation to the Secretary shell be gisen by first clase mai te tne a Aw notes
jurladiction over the Property or any other address designated by the Secretary. Any notice
provided for in this Security instrument shel be deemed to have bean given to Borrower or Lencier
when given as provided in this Paragraph 16.
Governing Law; Severability. This Security instrument shall be govemed by Federal lew and the
bdorigega Cadence inc ©- 0281 (0206) 618.
law of the juriediction in which the Property is located. In the event thet any provision or clause of
Borrower's Copy. Borrower shall be given one conformed copy of the Second Nole and this
Security Instrument.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
19.
21.
Mortgage Cadence Inc © - 0281 (03/06)
Assignment of Rents. Borrower unconditionally assigns and tranefers to Lender all the rents and
an absolute assignment and not a assignment for additional security only.
If Lender gives notice of breach io Borrower: (a) ail rents received by Borrower shail be heid by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security
Instrument; (b) Lender shail be entitled to collect and receive ail of tha rents of the Property; and (c)
each tenant of the Property shail pay all rents due and unpaid to Lender or Lender's agent on
Lender's wiitten 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 19, except as
Lender shail 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 judicielly appointed receiver may do so
invatidate any other tight or remedy of Lender. This assignment of rents of the Property shall
terminate when the debt secured by this Seourtty Instrument is paid In ful.
Foreclosure Procedure. # Lender requires inmediate paymentn-fudl under Paragraph 4,
Llen Priority. The full amount secured by this Security instrument shail have lien priority
subordinate only to the full amount secured by the First Security Instrument.
Release. Upon payment of al! sums secured by this Security Instrument, Lender shail release this
Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security instrument, but only Nf the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable Law.
Attorneys’ Fees. As used In this Security instrument and the Note, atiomeys’ fees shall include
those awarded by an appellate court and eny attomeys’ fees incurred in a bankrupicy proceeding.
?24. Jury Trial Waiver. The Borrower hereby waives any right to a trie! by jury in any action,
proceeding, claim, or countercisim, whether in contract or tort, at law or in equity, arising ouf of or
in any way related to this Security instrument or the Note.
25. Riders to this Security Instrument. if one or more riders are executed by Borrower and recorded
the rider(s) were a part of this Security Instrument. [Check applicable box(es).}
[x] Condominium Rider [ ] Planned Unit Development Rider
[ ] Shared Appreciation Rider [ ] Other {Specify}
Mortgage Cadence tne © - 0261 (03/08) 8BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
’ this Security instrument end in ariy rider{s) executed by etd with it. °
Signed, sealed and delivered in the presence of:
(Vo Ay ‘ i Ci Anns’ 3-2-1
Mortgage Codence inc © - 0261 (02/08) 8¥ County Monsue
’ Tho foregoing irument was ackrowtedged before Me tis 2,57 dey of
by Clo Aan Garrison
SO OE So Me Or who fs Pree
. ‘(64 As identification.
Paths bed Darink
tr
Marigage Cadence Inc © - 0281 (02/08) 10EXHIBIT “A”
Unit 304, Arlington House of Lido Harbour, a Condominium,
according to the Declaration of Condominium thereof,
recorded in Official Records Book 661, Page(s) 86 through 113,
and amendments thereto recorded in Condominium Book 2,
Page(s) 12 and 12A, of the Public Records of Sarasota County,
FloridaCONDOMINIUM RIDER
(Home Equity Conversion Mortgage)
THIS CONDOMINIUM RIDER is made this 265TH dey of March 2010 and is Incorporated into and
FL. 34236 (“Property Address”). The Property includes @ unit in, together with en undivided interest in the
common elements of, a condominium project known
Lido Harbour
{Name of Condominium Project]
("Condominium Project”) if the owners association or other antity which acts for the Condominium Project
(Owners Association”) holds title to property for the benefit or use of ite members or shareholders, the
Property also includes Borrower's interest in the Owners Association and the uses, proceeds and
benefite of Borrower's Interest.
CONDOMINIUM COVENANTS. in addition to the covenants and agreements made in the Security
Borrower and Lender further covenant and agree as follows:
A So tong as the Owners Association maintains, with a generally accepted insurance carrier, a
documents, inciuding
:
|
|
i
i
Mortgage Cadence inc. © 0954-0200)Bs Borrower promises to pay ell
a rey dues and essessments imposed pursuant to the legal instruments
dues and assessments when due, then Lender may pay
Marigage Cadence inc. © 635440206)
Preview
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA, COUNTY, FLORIDA FIRST LIDO CONDOMINIUM, INC., A FLORIDA not-for-profit corporation, Plaintiffs, Case 2014 CA 004931 NC Vs. CLO-ANN GARRISON and BANK OF AMERICA, NA, Defendant. PRO SE MOTION FOR ORDER DIRECTING COURT CLERK TO NOT ISSUE TITLE TO THIRD PARTY BIDDER AND REFUND FUNDS FROM FORECLOSURE SALE COMES NOW, Garet and Sarah Clark, Third Part Bidder, see Exhibit A, moves this Honorable Court to: Not to proceed in issuance of certificate of title of the foreclosed property to Garet Clark and Sarah Clark and to nullify the issued Certificate of Sale transaction and to return the original amount of $36,001.00 from the auction dated 12/10/2018. The reasons for this request are: 1. Third Party Bidder was unaware of the action for foreclosure by mortgage company in Case No. 2018 CA 005432 in which the title and ownership that will be transferred to Garet Clark and Sarah Clark, Third Party Bidder will become subject to that outcome. The title that will be awarded and fulfilled by case 2014 CA 04391 NC will become secondary in lien and title. 2. The completion of transfer of title will cause undue damage and harm to Third Party Bidder, including and up to loss of original funds used to win the foreclosure auction and future use and ownership. 3. The transfer of title to Third Party Bidder with the action of foreclosure by mortgage in Case 2018 CA 005432, Exhibit B, will allow for undue stress and mental anguish to Third Party Bidder and will not allow for Third Party Bidder to proceed with plans and opportunities for the awarded property. In stating the previously mentioned reasons the Third Party Bidder is no longer interested in the property and believes that awarding Third Party Bidder titles will not onty damage them but will only interfere in the process of completing foreclosure proceedings by the mortgage company and future outcomes. Exhibit A and Exhibit B Attached 4 Garet Clark and Sarah Clark BACH bad Ube 6734 Devesta Loop Palmetto, Fl , 34221 72/-709-8689 Filed 01/25/2019 10:12 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLE L ‘bit L ki IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA "] IN THE COUNTY COURT IN AND FOR SARASOTA COUNTY, FLORIDA CASE NUMBER: 2014 CA 004931 NC FIRST LIDO CONDOMINIUM, ING., A FLORIDA NOT- PLAINTIFF(s) FOR-PROFIT CORPORATION, VS. LO-ANN GARRISON; ET AL. DEFENDANT(s CERTIFICATE OF SALE The undersigned Clerk of the Circuit Court certifies that notice of public sale of the property described in the Order or Final Judgment was published in the Business Observer, a newspaper circulated in Sarasota County, Fiorida, in the manner shown by the Proof of Publication attached, and on December 12, 2018, the property was offered for public sale to the highest and best bidder for cash. The highest and best bid received for the property in the amount of $36,001.00 was submitted by: GARET CLARK SARAH CLARK to whom the property was sold. The proceeds of the sale are retained for distribution in accordance with the Order or Final Judgment. WITNESS my hand and the seal of said Court on December 12, 2018. KAREN E. RUSHING get ‘#2 . “€2 e ¥, > - oie? = Deputy ClerkExhibit KB a Filing # 79251309 E-Filed 10/12/2018 11:05:07 AM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA. CASE No. BANK OF AMERICA, N.A., PLAINTIFF, VS. CLO-ANN GARRISON A/K/A CLOANN GARRISON A/K/A CLO-A GARRISON; UNITED STATES OF AMERICA ON BEHALF OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT: FIRST LIDO CONDOMINIUM, INC.; UNKNOWN SPOUSE OF CLO-ANN GARRISON A/K/A CLOANN GARRISON A/K/A CLO-A GARRISON: UNKNOWN TENANT #1; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS. DEFENDANT(S). / COMPLAINT TO FORECLOSE MORTGAGE Plamtiff BANK OF AMERICA, N.A., sues Defendant(s) and alleges: COUNTI. MORTGAGE FORECLOSURE 1. This action to foreclose a mortgage on real property in Sarasota County, Florida. 2. The Court has jurisdiction over the subject matter. 3. Clo-Ann Garrison a/k/a Cloann Garrison a/k/a Clo-A Garrison, executed and delivered a promissory note (“Note”), dated March 25, 2010 in favor of Reverse Mortgage Associates, LLC. Acopy of the Note is attached hereto as Exhibit A. 4. Clo-Ann Garrison a/k/a Cloann Garrison a/k/a Clo-A Garrison, executed and delivered the Home Equity Conversion Mortgage (“HECM” or “‘Mortgage”’) dated March 25, 2010, securing the promise to pay the sums due under the Note. A copy of the Mortgage is attached hereto as Exhibit B. The Mortgage was recorded on May 3, 2010 in Official Records Instrument 2010054136, of the Public Records of Sarasota County, Florida, and encumbered the property Page | of 4 Our Case #: 5 7-001366-FHA-GNMA-REV\RMS Filed 10/12/2018 05:13 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLdescribed in the Mortgage then owned by and in possession of the Mortgagor. 5. 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(s) or the mortgagor(s)’ predecessor(s) in interest. 6. Plaintiff is the holder of the original Note secured by the Mortgage pursuant to Fla. Stat. § 702.015(2)(a). 7. Plaintiff declares the full amount payable under the Note and Mortgage to be due, pursuant to the terms of the Mortgage. 8. Grounds for acceleration exist because Clo-Ann Garrison a/k/a Cloann Garrison a/k/a Clo-A Garrison failed to perform an obligation under the Mortgage: payment of Taxes and Insurance. The Secretary of Housing and Urban Development approved this occurrence as grounds for acceleration of the debt on or about February 16, 2016. 9. As of September 21, 2018, Defendant(s) owe Plaintiff $843,674.57 that is due and owing on principal on the Note and Mortgage plus interest, and title search expenses for ascertaining necessary parties to this action. Additional amounts may accrue hereafter. 10. 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. 11. The property is now owned by Defendant Clo-Ann Garrison and the record legal title to said mortgaged property is now vested in Defendants(s), Clo-Ann Garrison, if living and if dead, the unknown spouses, heirs and beneficiaries of Clo-Ann Garrison who hold or holds possession. 12. All conditions precedent to the acceleration of this Note and to foreclose of the Mortgage have been fulfilled and have occurred. 13. Plaintiff is obligated to pay its attorneys a reasonable fee for their legal services. Plaintiff is entitled to recover its attorneys’ fees pursuant to the express terms of the note and mortgage. 14. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and subject to the prior claim of Plaintiff. 15. Plaintiff's Mortgage is superior in right, title, and seniority to any interest in the property inuring to the Defendant, United States of America on Behalf of Secretary of Housing and Urban Development, including, but not limited to, Mortgage recorded May 3, 2010, in Official Records Instrument 2010054138 of the Public Records of Sarasota County, Florida. A copy is attached hereto as Exhibit C. 16. Defendant, Unknown Spouse of Clo- Ann Garrison a/k/a Cloann Garrison a/k/a Clo-A Garrison, Page 2 of 4 Our Case #: 17-001366-FHA-GNMA-REV\RMSmay claim some right, title, or interest in the property herein sought to be foreclosed by virtue of homestead rights, possession or some other unknown interest, the exact nature of which is unknown to Plaintiff and not a matter of public record. However, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiffs mortgage. 17. Any interest m the property inuring to the Defendant, First Lido Condominium, Inc., is subordinate and inferior to the lien of Plaintiff's Mortgage, including, but not limited to Final Judgment recorded March 31, 2015, in Official Records Instrument 2015037588 of the Public Records of Sarasota County, Florida. 18. Any interest in the property inuring to the Defendant, First Lido Condominium, Inc., is subordinate and inferior to the lien of Plaintiff's Mortgage, including, but not limited to Final Judgment recorded March 31, 2015, in Official Records Instrument 2015037189 of the Public Records of Sarasota County, Florida. 19. Defendant(s), Unknown Tenant #1, may claim an interest in the subject property as tenant(s) pursuant to a lease agreement, either written or oral, and/or by virtue of being in possession of the subject property. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 20. Defendant, First Lido Condominium, Inc., may claim some interest in the subject property as a result of a Notice of Lis Pendens recorded on August 22, 2014 in Official Records Instrument 2014100949, of the Public Records of Sarasota County, Florida. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 21. Defendant, First Lido Condominium, Inc., may claim some interest in the subject property by virtue of possible association liens and assessments. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 22. Any and all unknown parties claiming by, through, under and against the herein named individual defendant(s) who are not known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs, devisees, grantees, or other claimants are joined as defendants herein. The claims of said defendants are subordinate, junior, and inferior to the interest of Plaintiff. WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and, when applicable, for attorney’s fees); requests that the Court ascertain the amount due to Plaintiff for principal and interest on the Mortgage and Note and for abstracting, taxes, expenses and costs, including attomey’s fees, plus interest thereon; that if the sums due Plaintiff under the Mortgage Page 3 of 4 Our Case #: 17-001366-FHA-GNMA-REV\IRMS |and Note are not paid immediately, the Court foreclose the Mortgage and direct the Clerk of the Court sell the Property securing the indebtedness to satisfy the Plaintiffs Mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2006); that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or heremafter made a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be necessary and proper, including the issuance of a writ of possession. VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Reverse Mortgage Solutions, Inc., duly authorized Servicer & Attorney-in-Fact for BANK OF AMERICA, N.A. ~ ‘ Name: Alicia Powers Title: Authorized Signer Date: October 2, 2018 RE: Borrower: Clo-Ann Garrison a/k/a Cloann Garrison a/k/a Clo-A Garrison Address: 1900 Benjamin Franklin Dr #304 Arlington, Sarasota, FL 34236 File#: 17-001366-FHA-GNMA-REV TROMBERG LAW GROUP, P.A. Attorney for Plaintiff 1515 South Federal Highway, Suite 100 Boca Raton, FL 33432 Telephone #: 561-338-4101 Fax #: 561-338-4077 Email: ese ce@trombe glaw group.com This is an attempt to collect a debt, and a Een obtained will be used for that purpose. Page 4 of 4 Our Case #: 17-001366-FHA-GNMA-REVIRMSEXHIBIT A‘ State of Florida Property Address:1800 Ben Franklin Dr # 304A, Sarasota, Fl. 34236 March 25,2010 Borrower's Post Office Address {if different from above): MANNER OF PAYMENT {A) Ttme Borrower shail pay ei! outstanding peincipal and sccrued interest to Lender upon receipt of a notice by Lender requiring immediale payment-in-full, as provided in Paragraph 6 of tis Note. Place ‘ Payment shell be made et 268 East itarion Avenue, Sulle #116, Punta Gorda, FL. 33950 or any such other place es Lender may designates in writing by nofice to Borrower. Linitation of Lieblifty Borrower shall have no personal Kebillly for payment of the debt. Lender shell enforce the debt only through sate of the Property covered by the Security Instrument (Proporty’). i ths ote le enaiones £0 Sm to Lone Borrower shall not be fable for any between the mortgage inewrance benefite paid to Lender outstanding indebtedness, including eccrued interest, owed S 3 the and the by Borrower at the time of the BORROWER'S RIGHT TO PREPAY A Bomrower has the right to pay the dobt evisencod by Gus Note, in whee or a Part, Wes Ste oserieed amount of debt prepaid will be eppiied to reduce the principe! belance of the Second Note desorbed in Paragraph 11 of this Note and then to reduce the principal baiance of this Note. All prepayments cf tha principa! balance shail be applied by Lender as follows: Firat, to thet portion of the principal belence representing aggregete payments for mortgage insurance _ Second, to thet portion of the principal balance represeniing agoregele payments for servicing fees; Third, to that portion of the principel balance representing ecorusd interest due under the Note; and Fotsth, to the remaining portion of the principal balance. DAMEDIATE PAYMENT4IN-FULL (A) Deeth or Sale Lender may require immediate payment-in-full of all outstanding pstncipel and sccrusd interest U: (@ ABorrower dies and the Property is not the principal residence of at least one surviving Borrower, or BOM Poend Rate Closed End 1% date Fledde 1 fap 2087. (3) A Gorrower conveys ef of his or her Wie to tha Properly and no other Borrower retains We to the Property in fee simple or on a leasehold interest as sot forth in 24 CFR 206 45/a). Grounds . Lender may require immediete payment-in-fd of all outstending puincipel and accrued interest, upon approval by an authorized represeniative of the Secretary, if . () The Property ceases to be the principe! residence of @ Borrower for reasons other than death end the Proporty is not the principal residence of at isasi one other Sorrower: (8) For a period of longer than 12 conseculive months, a Borrower falls to physically occupy the Property because of piysicel or mental Mnees snd te Property i not the princips! rasidence of ai least one (@) An obligation of the Borrower under the Secusily inatrument Is not performed. if Lender hes required (mmediate peyment-in-ful as described above, the debi enforced through sale of the Property may Include coste and reasonable and customary fees, associated with enforcement of this Note to the extent not protiibited by applicable law. Such fees and costs shall bear interest from the date of dlebursoment at the seme mis as the paincipal of this Note. Trusts Conveyance of a Borrower's intereat in the Property to a tuet which meets te requirements of the Secretary, or conveyance of a trust's intarests in the Property to a Borrower, sirall not be considered a conveyance for purposes of thie Paragreph. A trust shad not be considered an cccupant or be considered se having 9 principal residence far purposes of this WANERS ° Borrower weives the rights of prosentnent and notice of Gshonor. “Presentment” means the tight to require Lender to demend payment of amounts due. “Notice of dishonor” means the tight to require Lender to give nofce to other persone that amounts due have act been paid. GIVING OF Unines epnitcable tew requires a different method, sry notice that must be given to Borrower undor this Note wail be given by cetivering It er by mailing It by first clees mail to Borrower at the property address sbove or at a different address if Borrower has given Lender a notice of Borrower's diferent address. Any notice thet must be given to Lender under this Note wii be by first chies mail to Lender at the address stated In Paragreph 4(B) or at an different eddrees f Borrower is a notice of thet diferent addrose. OBLIGATIONS OF PERSONS UNDER THiS NOTE ¥ more then one persan signs this Note, each person le fully obligated to keep ail of the promises made In this Note. Lender may enforce fis rights under this Note only through sele of the Property. Note Because Borrower will be required to repay amounts which the Secreiasy may make to or cn behalf of Borrower pursuant to Section 2660){1 XA) of the Netional Houstag Act and the Loen Agreement, the Secrvtaty has required Borrower to grant a Second Note to the Secretary. (B) Relationship of Secretary Peyments to this Note Payments made by the Gecretary sheil not be Included In the debt due under this Nete uniess: §): This Note is assigned to the Secretary; or ®) The Secrotary accepts reimbursements by the Lender for el payments made by the Secretary. ff the clecumstences described In (1) or (i) occur, then all payments by the Secretary, including interest on the payments, shail be included in the debt. (C) Giect on Borrower . Where there is no sseignment or sekmbursement as described in (6))) er Gi), and the Secretary makes payments to Borrower, then Borrower shail not . @ Be required to pay amounts owed under this Note unill the Secretary has reqsired payment-in-fdl of afi outstanding principal and accrued tntersel under the Second Note held by the Secretary, nobetthstending anything to the contrery in Paragraph 7 of this Note; or 5) Be obtigated to pay interest or shared appreciation under Uris Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accsued Interest has been included in the batance of this Note, notatthetandiag enything to the convary in Paragraphs 2 or 5 of this Note or any Allonge to this Note. ° SOU Feed Rate Cloned tind 4" tote Fledés 2 sagsnIaeeeThe state documentary tax due on this Nole hes been paid on the morigage securing the indebtedness. BY SIGNING BELOW, Borrower accepis and agrees fo the terms and covenants conlained In this Note. HEC Ficed Mate Closed End 1" Hote, Fiortéa 3 agent 2008PAY TO THE ORDER OF WITHOUT RECOURSE See ik 0 SOARCY A TYLER OFFICERDIRECT ENDORSEMENT ALLONGE For purposes of further endorsement of the following described note, this Allonge is affixed and becomes a permanent part of said note this 25TH day of March 2010. Borrower(s): Clo-Ann Garrison Property Address: 1900 Ben Franklin Dr # 304A, Sarasota, FL 34236 Principal Balance: $ 938,250.00 Loan Date: March 25, 2010 PAY TO THE ORDER OF Bank of America, N.A., a National Banking Association WITHOUT RECOURSE - ‘Company Name: neverse Morigage Associates, LLC By: Robert Wyatt omy yf monk AN & Ae LA {Signature - Must be authorized corporate signor) Vice President (Title of corporate signor)EXHIBIT BWO (1) RECORDED IW CFFICTAL RECORDS 9318. aS SN aS STRAT 2UO641% 15 8 , 2010 MAY 03 05:35 PM KAREN E. RUSHING Afar Recording Return To: CLERK OF THE CIRCUIT COURT COEANKOP AMERICANA SE TG Race ptaiy7 3736 Reverse ASSOCIATES, _——_-SARRSOT COUNTY» wivwwwe« Doc Stamp-Mort: 3,284.05 Intans. Tax: 1,876.50 Bank of America, WA Oh OL ie| Congles 11120 NE 33rd Place, Bellevue, WA 96004 State of Florida Parcel ID: 2017151030 FIXED RATE HOME EQUITY CONVERSION MORTGAGE THIS MORTGAGE ("Security Instrument") is given on March 25, 2010 (‘Date’). The mortgagor Is: Clo-Ann Garrison, aka Cloann Garrison, aka Cio-A Garrison, an Unmarried Woman whose (b) the payment of ail other sums, with interest, advenced under paragraph Security Instrument or otherwise due under the terms of this Security instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. The full debt, amounts described in (a), (b), and (c) above, I not paid earlier, is due and peyable on October including 25, 2060. For this purpose, Borrower does hereby mortgage, gram end convey to described property located in SARASOTA County, Florida: See Attached APN #2017151030 which has the address of: 1900 Ben Franklin Dr # 304A, Sarasota, FL 34236 ("Property Address”). Borrower's Post Office Address (if different from above): Shall slaw be covered by this Seourity Instrument. All of the foregoing Is referred to in this Security instrument as the “Property.” Mortgege Cadence tne. © 0210 (02/06) 4Fire, Flood and Other Hazard Insurance. Borrower shell insure all improvements on the Property, whether now in existence or subsequently erecied, against any hazards, casualties, and contingencies, including fire. This insurance shail be maintained in the emounts, to the extent end tn the event of forectosure of this Security Instrument or other transfer af tile to the Property that the Indebledness, all right, title and interast of Borrower in and to Insurance policies In extinguishes force shail pass to the purchaser. Occupancy, Application; Leaseholds. Borrower shail . establish, and use the Property as Borrower's principal after the execution of tis Security and Borrower (or at least cne Borrower, if initially more then one person are Borrowers) shall continue to occupy the Property as rasidence for the term of the Seourily ” shall4. Borrower shail not commit waste or destroy, damage or substantially change the Property or allow the Property to detertorate, reasonable wear snd tear excepted. Borrower shail eiso be in defeutt if Borrower, during the losn application process, gave materially false or Inaccurate information or stataments to Lender (or failed to Lender with any material information) in connection with the joan evidenced by the Note, Including, but not Emiied to, occupancy of the Property es a residence. ff this Security Instrument is on a leasehold, principal Borrower shail comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee tte shall not be merged untess Lender agrees to the merger in writing. for whatever Is necessary to protect the velue of the Property and Lender's rights in the Property, including peyment of taxes, hazard insurence end other items mentioned in Paragraph 2. To protect Lender's securtly in the Property, Lender shell advance and charge to Borrower si gmounts due to the Secretery for the Mortgage Insurance Premium as defined in the Loan Agreement as weil as ail sums dus to the loan servicer for servicing activities es defined in the Loan instrument. Any excess proceeds over an amount required to pey ali outstanding under the Note and this Security Instrument shalt be paid to the entity legally entitied thereto. Fees. Lender may collect fees and charges authorized by the Secretery.{b) (c) (d) (e) ()} A Borrower dies and the Property is not the principal residence of at least one surviving * oF (3) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning ail or part of the Property) is sold or otherwise transferred and no other Borrower retains beyond the date of the 100th birthday of the Borrower or retains a life estate, (or retaining a beneficial Interest in a trust with such an interest in the Property). Ove and Payable with Secretary Approval. Lender may require immediate payment-in-full of afi sums secured by this Security Instrument, upon approval! of the Secretary, it: () The Property ceaees to be the principal residence of a Borrower for reasons other than death and the Property Is not the principe! residence of at least one other Borrower, or (f} For a period of longer than 12 consecutive months, s Borrower fails to occupy the Property because of physical or mental iiness end the Property ie not the principal residence of at least one other Borrower, or (ii) An obligation of the Borrower under this Security Instrument is not perfonned. Notice to Lender. Borrower shail notify Lender whenever any of the events listed in this Paragraph 9 (a)(li) and (b) occur. Notice to Secretary and Borrower. Lender shail notify the Secretary and Borrower whenever the loan becomes due and payable under Paragraph 9 (a){ii) and (b). Lender shall not have the right to commence forectosure until Borrower hes had 30 days after notice {o either: (i} | Correct the matter which resulted in the Security Instsument coming due and payable; or () Pay the baiance in full; or (i) Sell the Property for the lesser of the belance or 95% of the appraised value and apply the net proceeds of the sale toward the belence; or (iv) Provide the Lender with e deed-in-feu of foreciosure.14. 12. : Reinstatement. Borrower hes a fight to be reinstated H Lender has required peyment-in-full. This right applies even after foreclosure proceedings are institulsd. To reinstate this Security Instrument, Borrower shall correct the Condiion i eee en etome/ foes and and foreciosure preclude different grounds in the future, or (ti) reinstatement wii adversely affect the priorily of the Security Lien Status. (2) Modification. Borrower agrees to extend this Peragreph 12(a). If Lender determines that the original lien status of the Security instrument is under state law (Including but talad to have performed an obligation under this Security Instrument. (b) Tax Deferral Programs. Borrower shell not participate in a real estate tax deferral program, if any Kens created by the tax deferral ere not subordinate to this Security instrument. (c) Prior Liens. Borrower shell prompt dlacharge any lien which hes priority ows’ te Gesstiy43. 14. 16. 16. more of the actions set forth above within 10 days of the giving of notice. Relationship to Second Security Instrument. (a) Second Security Instrument. in order to secure payments which the Secretery may make to (b) Relationship of First and Second Security Instruments. Payments made by the Secretary shail not be included in the dabt under the Note unless: (1) This Security Instrument Is assigned to the Secretary; or (ii) The Secretary accepts reimbursement by the Lender for ail peyments made by the Secretary. If the circumstances described In (1) or Qf) occur, then ail payments by the Secretary, Inctuding interest on the payments, but exciuding late charges paid by the Secretary, shal! be included (c) Effect on Borrower. Where there is no assignment or reimbursement as dasoribed In (b){i) or (ii) end the Secretary makes payments to Borrower, then Bosrower shail not () Be required to psy amounts owed under the Nota, or pay any rents and revenues of the Property under Paragraph 19 to Lender or a receiver of the Property, until the Secretary has required paymentinful ofall outstanding principal and socrued interes! undor the Second Note; or (i) Be obligated to pay interest or shared appreciation under the Note al any time, whathar accrued before or after the payments by the Secretary, and whether or not accrued interest has been Included in the principal balance under the Note. {d) No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the Second Security Instrument or to take actions to preserve the value of the Property, even though Lender may be unable fo collect amounts owed under the Note because of restrictions in this Paragraph 13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy shall not be e waiver of or prectude the exercise of any right or remedy. this Security Instrument shail bind and benefit the successors and assigns of Lender. Borrower may not assign any rights or obligations under this Security Instrument or under the Note, except fo a trust that meots he requremonts of he Secretary. Bermowers covenenis and sqreemonis halite Notices. Any notice to Borrower provided for in thie Security instrument shall be given by delivering i or by maling ft by fret cass mail unless epphoable lew ressinas Oo ot at Borrowore. jl17. instrument shail be deemed to have been given to Borrower or Lender when given as provided in this Paragraph 16. Governing Lew; Severability. This Securty instrument shall be governed by Federe! law end the law of the jurisdiction in which the Proparty Ia located. in the ever! that ary provision os ace oF provisions of this Security Instrument or the Note which can be given elfect without the confiicting provision. To this end the provisions of this Security instrument and the Note are deciared to be 46. Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Securily NON-UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 419. Assignment of Rents. Borrower unconditionally assigns and transfers to Lendor eil the rents and revenues of the Property. Borrower suthorizes Lender or Lender's agents to collect the rents and Security the Property #s trustee for the benefit of Lender and Borrower. This assignment of rents constitvies an absolute assignment and not an assignment for edditional security only. instrument; each tenant of the Property shail pay afl rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tanant. Borrower hes not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising tts rights under tis Paragraph 19. Lender shall not be required to enter upon, take control of or maintsin the Property before cr sfter giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is @ breach. Any application of rents shell not cure or waive any defaul 622. Release. Upon payment of all sums secured by thie Securtty Instrument, Lender shail release this er reaing the Secuty norman ty feta psd ad py tr ove radars rendered 23. Attorneys’ Fees. As used in this Security Instrument and the Note, attorneys’ fees shall include those awarded by an appellate court end any altomeys' fees Incurred in # banicuptcy proceeding. 24. Jusy Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action, proceeding, claim, or counterciaim, 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. 25. Roo es lt a ace Creare enor nam riders avo execuled by Borower and recorded the on nal ermend and suppioment he covenants and agreements of this Security Instrument as if the rider{s) were a part of this Security Instrument. (Check applicable box(es). {X] Condominium Rider { } Ptanned Unk Development Rider { ] Shared Appreciation Rider ( ] Other(s) fepectly} Morignge Cadence inc. © 0210 (02/06)contained in SY SIGNING BELOW, Borrower sccepts and agrees to the terms and covenants this Security Instrument and in any rider(s) executed by and recorded wah it. Signed, sealed and delivered In the presence of: _— 2 fhliuina Dine Mark 3-250 ¥ z 3\zs\| * Patcicss. Ghe Ganlste Date Witness Date (ik onal Ay a 7 rr ] Mongage Cadence inc. © 0210 (02006)ee SP Bins This Ling For Achntiosement State of Florida ° . ss. Yr County Monit The foregoing instrument was acknowledged before Me this LS day of —_Masid. _. _, DP, Ko UacAaa accion As identification. K Vokes Pisce Ha ruet _ a {ele declines Licewue Aa Fle. d 5 hk Mortgage Cadence inc. © 0210 (0206) t6EXHIBIT “A” Unit 304, Arlington House of Lido Harbour, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 661, Page(s) 86 through 113, and amendments thereto recorded in Condominium Book 2, Page(s) 12 and 12A, of the Public Records of Sarasota County, FloridaCONDOMINIUM RIDER (Home Equity Conversion Mortgage) THIS CONDOMINIUM RIDER Is made this 25TH day of March 2010 and Is incorporated into and shell be deemed fo amend and supplement the Mortgage, Osed of Trust or Security Deed ("Security instrument’) of the same date given by the undersigned Borrower") to secure Borrower's Note ("Note") to REVERSE MORTGAGE ASSOCIATES, LLC (“Lender”) of the same date and covering the Property described in the Security Instrument end Located et 1900 Ben Franklin Dr # 304A, Saresote, FL 34236 ("Property Address”). The Property includes @ unit in, together with an undivided Interest In the common elements of, 8 condominium project known ss: Lido Harbour [Name of Condominium Project} (Condominium Project’) if the owners association or other enilly which acts for the Condominium Project COwners Association”) holds tite to property for the benefit or use of lis members or sherehoidere, 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 Secuity instrument, Borrower and Lender further covenant and agree as follows: A So long 8s the Owners Association maintains, with a generally accepted Insurance carrer, & documents, includingcreating and goveming the Condominium Project if Borrower does not pay condominium dues ard assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph C shail become additional debt of Borrower secured by the Security Instrument. Uniess Borrower and Lender agree to other terms of payment, these amounts shell bear interest from the date of disbursement at the Note rate NING BELOW, Borrower accepts and agrees to the tems and provisions contained in this HECM 1* Conde RiderEXHIBIT CREOROED IH CFFICIA. RECORS remra AV (3) TATRUMENT LOOK 13 gS MARKET PLACE 286 E. Marion Avenue, #116 2010 MAY 03 05:35 PH Punta Gorda, FL. 33050 meee ENE: RUSHING IRCUIT COURT . Ens mOnTOADe ASSOCIATES, LLC SARASOTA COUNTY FLORIDA CEAGLETD Receiett1273738 me 2 * m a yg Bark of America, WA. oKarvel Canules 11120 NE 33rd Place, Suite 269 Bellevue, WA 88604 rn pees Above The Line Foriecoringiea==S=~=~=~<“‘<“<‘<‘<‘;2C;OS”*”*;‘S™S State of Florida FHA Case Parcel 1D: 2017451030 Application Loan Servicing Number: FIXED RATE HOME EQUITY CONVERSION SECOND MORTGAGE THIS MORTGAGE ("Security instrument’ or “Second Security instrument’) fs given on March 25, 2010 aka Clo-A Garrison, purpose, does located in SARASOTA County, Florida: See Attached APN #2017151030 which has the address of: 1900 Ben Franklin Dr # 304A, Sarasota, Fl. $4236 (‘Proparty Address"). Borrower's Post Office Address (if different from above): TOGETHER WITH ail the improvements now or hereafier erected on the property, and al! easements, rights, appurtenances, and fixtures now cr hereafter 8 part of the property. All replacements and additions shall also be covered by this Security Instrument. Al of the foregoing is referred to In this Security Instrument as the “Property.” Monigage Cadence Inc © - 028% (62008)UNIFORM COVENANTS. Borrower and Lender covenant and egree as follows: 1. 2. Payment of Principal and Interest. Borrower shail pay when due the principal of, and interest on, the debt evidenced by the Second Note. : by Lender. Borrower shail also Insure aii improvements on the Property, periods whether now in existence or subsequently erected, against loss by floods to the extent required by renewals shall be held by Lender and shall include loss . any payable clauses in favor of, and In a form acceptable to, Lender. in the event of forectosure of this Security Instrument or other transfer of fie to the Property that the indebtedness, ail right, tite and interest of Borrower in and to Insurance policies in extinguishes force shall pass to the purchaser.residence” shail have the same meening as in the Loan Agreement. Borrower shail not commit waste or destroy, damege'or substantially change the Property or allow reasonable weer and tear excepted. Borrower shail also be in default if Borrower, during the loan applicetion process, gave materially faise or inaccurate information or Borrower shell promptly furnish to Lender receipts evidencing these payments. Borrower shail discharge any Ken which has priority over this Security Instrument In the manner provided prompily in Paragraph 12(c). over sn smount required to pey all outstanding Indebtedness under the Second Note and this Security instrument shail be paid to the entity legally entitled thereto.(0) (b) (c) (d) Due and Payable. Lender may require peyment-in-full of ail sums secured by this Security Instrument ff: ° ” (i) A Borrower dies and the Property is not the principal residence of at least one surviving Borrower; or (5) Ail of a Borrower's lle In the Property (or his or her beneficial interest in a trust owning 50 yeers beyond the date of the 100th birthday of the youngest Borrower or retains a tife estate, (or retaining a beneficial interest in a trust with such an interest in the Property); or (ti) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principe! residence of at least one other Borrower; or (v) For a period of longer then 12 consecutive months, a Borrower fails to ocoupy the Property because of physical or mental [ness and the Property is not the principal residence of at least one other Borrower, or (v) An obligation of the Borrower under this Securtly Instrument Is not performed. Notice to Lender. Borrower shall notify the Lender whenever any of the events listed in Paragraph 9(a){ii)}-{v) occur. Notice to Borrower. Lender shall notify Borrower whenever the loan becomes due. and payable under Paragraph 9(aXli)-(v). Lender shall not heve the right to commence foreclosure unti! Borrower has had 30 days after notice to either: () Correct the matter which resuited In the Security Instrument coming due and payabie; or (i) Pay the balance {n full or (i) Sell the Property for the lesser of the belance or 85% of the appraised vaiue and apply the net proceeds of the sale toward the balance; or (lv) Provide the Lender with a deed-in-teu of foreclosure. Trusts. Conveyance of a Borrower's interest In the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's Interests in the Property to a Borrower, shell not be considered a conveyance for purposes of this Paragraph 9. A trust shail not be considered an occupant or be considesed as having a principal residence for purposes of this Paragraph 9.11, 12, Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment-in-full. This right applies even sfer foreclosure proceedings are instiuted. To reinstate Seauily Borrower shell for of forectosure proceedings years coramencement of a current foreclosure proceeding, (fi) reinstatemnent will preclude foreciosure on diferent grounds in the future, or (ii) reinstatement will adversely affect the priority of the Security (a) Modification. Borrower agrees to extend this Security Instrument in accordance with this Paragraph 12(a). if Lender determines that the original len status of the Security Inetrument is jeopardized under state law (including but not limited to situations where the amount {b)} Tax Deferral Programe. Borrower shail not participate in a rea! estate tax deferral program, if any liens created by the tax deferral are not subordinate to this Security Instrument. (e) Prior Liens. Borrower shell promptly discharge any len which has priority over this Security14. 15. 16. 17. Instrument. {b) Retationship of First and Second Security instruments. Payments made by the Secretary shall not be included in the debt under the First Note unless: (i) The First Security instrument is assigned to the Secretary; or The Secretary accepts reimbursement by the holder of the First Note for all payments made by the Secretary. If the circumstances described in (i) or (if) occur, then all payments by the Secretary, including interest on the payments bik excluding tale charges paid by the Secretary, shail be included in the debt under the First Note {c) Effect on Borrower. Where there is no assignment or reimbursement as described in (b){i) or (8) and the Secretary makes payments to Borrower, then Borrower shail not: (i) Be required to pay amounts owed under the First Note, or pay any rents end revenues (3) Be obligated to pay inferest or shared appreciation under the First Note at any time, whether accrued before or after the payments by the Secretary, and whether or not accrued Interest has been included in the principal balance undor the First Note. (d) No Duty of the Secretary. The Secretary has no duty to the hoider of the First Note to . @nforce covenants of the Second Security Instrument or to take actions to preserve the value of the Property, even though the holder of the First Note may be unable to collect amounts owed under the First Note because of restricEons In this Paragraph 13. (e) Restrictions on Enforcement. Notwithstanding anything else in this Security Instrument, the Borrower shall not be obligated to comply with the covenants hersof, and Paragraph 19 shail have no farce and effect, whenever there is no outstanding balance under the Second Note. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remady shall not be a waiver of or prectude the exercise of any right or remedy. The shail the Property any designate. Any nation to the Secretary shell be gisen by first clase mai te tne a Aw notes jurladiction over the Property or any other address designated by the Secretary. Any notice provided for in this Security instrument shel be deemed to have bean given to Borrower or Lencier when given as provided in this Paragraph 16. Governing Law; Severability. This Security instrument shall be govemed by Federal lew and the bdorigega Cadence inc ©- 0281 (0206) 618. law of the juriediction in which the Property is located. In the event thet any provision or clause of Borrower's Copy. Borrower shall be given one conformed copy of the Second Nole and this Security Instrument. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. 21. Mortgage Cadence Inc © - 0281 (03/06) Assignment of Rents. Borrower unconditionally assigns and tranefers to Lender all the rents and an absolute assignment and not a assignment for additional security only. If Lender gives notice of breach io Borrower: (a) ail rents received by Borrower shail be heid by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; (b) Lender shail be entitled to collect and receive ail of tha rents of the Property; and (c) each tenant of the Property shail pay all rents due and unpaid to Lender or Lender's agent on Lender's wiitten 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 19, except as Lender shail 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 judicielly appointed receiver may do so invatidate any other tight or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by this Seourtty Instrument is paid In ful. Foreclosure Procedure. # Lender requires inmediate paymentn-fudl under Paragraph 4, Llen Priority. The full amount secured by this Security instrument shail have lien priority subordinate only to the full amount secured by the First Security Instrument. Release. Upon payment of al! sums secured by this Security Instrument, Lender shail release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security instrument, but only Nf the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. Attorneys’ Fees. As used In this Security instrument and the Note, atiomeys’ fees shall include those awarded by an appellate court and eny attomeys’ fees incurred in a bankrupicy proceeding. ?24. Jury Trial Waiver. The Borrower hereby waives any right to a trie! by jury in any action, proceeding, claim, or countercisim, whether in contract or tort, at law or in equity, arising ouf of or in any way related to this Security instrument or the Note. 25. Riders to this Security Instrument. if one or more riders are executed by Borrower and recorded the rider(s) were a part of this Security Instrument. [Check applicable box(es).} [x] Condominium Rider [ ] Planned Unit Development Rider [ ] Shared Appreciation Rider [ ] Other {Specify} Mortgage Cadence tne © - 0261 (03/08) 8BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in ’ this Security instrument end in ariy rider{s) executed by etd with it. ° Signed, sealed and delivered in the presence of: (Vo Ay ‘ i Ci Anns’ 3-2-1 Mortgage Codence inc © - 0261 (02/08) 8¥ County Monsue ’ Tho foregoing irument was ackrowtedged before Me tis 2,57 dey of by Clo Aan Garrison SO OE So Me Or who fs Pree . ‘(64 As identification. Paths bed Darink tr Marigage Cadence Inc © - 0281 (02/08) 10EXHIBIT “A” Unit 304, Arlington House of Lido Harbour, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 661, Page(s) 86 through 113, and amendments thereto recorded in Condominium Book 2, Page(s) 12 and 12A, of the Public Records of Sarasota County, FloridaCONDOMINIUM RIDER (Home Equity Conversion Mortgage) THIS CONDOMINIUM RIDER is made this 265TH dey of March 2010 and is Incorporated into and FL. 34236 (“Property Address”). The Property includes @ unit in, together with en undivided interest in the common elements of, a condominium project known Lido Harbour {Name of Condominium Project] ("Condominium Project”) if the owners association or other antity which acts for the Condominium Project (Owners Association”) holds title to property for the benefit or use of ite members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefite of Borrower's Interest. CONDOMINIUM COVENANTS. in addition to the covenants and agreements made in the Security Borrower and Lender further covenant and agree as follows: A So tong as the Owners Association maintains, with a generally accepted insurance carrier, a documents, inciuding : | | i i Mortgage Cadence inc. © 0954-0200)Bs Borrower promises to pay ell a rey dues and essessments imposed pursuant to the legal instruments dues and assessments when due, then Lender may pay Marigage Cadence inc. © 635440206)