Complaint,Petition: GRP LOAN LLC vs PARISI, MARY A

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                IN THE CIRCUIT COURT OF THE
TWELFTH JUDICIAL CIRCUIT, IN

AND FOR SARASOTA COUNTY,
FLORIDA
CASE NO. J C
FREMONT INVESTMENT & LOAN, 2 00? CA 50 (S
Plaintiff,
VS.
MARY A. PARISI; GLEN J. PARISI; ANY AND ALL
UNKNOWN PARTIES CLAIMING BY, THROUGH,
UNDER, AND AGAINST THE HEREIN NAMED
INDIVIDUAL DEFENDANT(S) WHO ARE NOT nl mw
KNOWN TO BE DEAD OR ALIVE, WHETHER SAID Pa, S =
UNKNOWN PARTIES MAY CLAIM AN INTEREST Sc OM
AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR eso fe >
OTHER CLAIMANTS; UNKNOWN TENANTS! IN Om TO
POSSESSION OF THE SUBJECT PROPERTY; B52) “
UNKNOWN TENANT#2 IN POSSESSION OF THE SSG WF
SUBJECT PROPERTY; Kee 2
Defendants. aS ™ &- s

/
COMPLAINT IN REFORMATION OF MORTGAGE
AND FORECLOSURE OF MORTGAGE

Plaintiff, FREMONT INVESTMENT & LOAN (hereafter “Plaintiff’) by and through
undersigned counsel, hereby sues Defendants, MARY A. PARISI; GLEN J. PARISI; 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; UNKNOWN
TENANT#1 IN POSSESSION OF THE SUBJECT PROPERTY; UNKNOWN TENANT#2 IN
POSSESSION OF THE SUBJECT PROPERTY; and alleges:

and alleges:

COUNT I - REFORMATION OF MORTGAGE

l. This ts an action to reform the Mortgage.

“iid

F13938-072.

On December 20, 2006, Defendant MARY A. PARISI; GLEN J. PARISI executed a

mortgage encumbering the real property in question.

3.

That due to a scrivener’s error, the legal description in the mortgage was incorrectly set

forth as:

THE SOUTH 12 FEET OF LOT 5 AND THE NORTH 30 FEET OF LOT 6, COLONY
LAKES SUBDIVISION, UNIT 1, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 38, PAGES 17, 17A, 17B, OF THE PUBLIC RECORDS
OF SARASOTA COUNTY, FLORIDA.

See legal attached to Mortgage (Mortgage Ex. A) attached to Complaint as Exhibit “C”

4.

That the correct legal description on the mortgage should read as follows:

THE SOUTH 12 FEET OF LOT 5 AND THE NORTH 30.25 FEET OF LOT 6,
COLONY LAKES SUBDIVISION, UNIT 1, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 38, PAGES 17, 17A, 17B, OF THE
PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.

See Corrective Warranty Deed attached to Complaint as Exhibit “A”.

5.

That the reformation of the mortgage will not prejudice any party to this cause of action.

A copy of the Mortgage is attached hereto.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court will enter an

Order reforming the legal description of Plaintiffs mortgage, recorded in Official Records

Instrument No. 2007001214 of the Public Records of SARASOTA County, Florida, nunc pro

tunc, to the date of the initial recording of the Mortgage, to wit: January 3, 2007, so that said

Mortgage is corrected to contain the following legal description:

THE SOUTH 12 FEET OF LOT 5 AND THE NORTH 30.25 FEET OF LOT 6,
COLONY LAKES SUBDIVISION, UNIT 1, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 38, PAGES 17, 17A, 17B, OF THE
PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA.

COUNT II - RE-ESTABLISH LOST NOTE

6. This is an action to re-establish a promissory note under Section 673.3091 of the Florida

Statutes.

FI3938-077. On December 20, 2006, in SARASOTA County, Florida, MARY A. PARISI and GLEN J.
PARISI, executed and delivered to FREMONT INVESTMENT & LOAN, a promissory note in
the principal amount of $265,200.00. Attached hereto is a substantial copy of the note marked as
Exhibit “B”.

8. The original promissory note was lost or destroyed subsequent to Plaintiff's acquisition
thereof. The exact time and manner of said loss or destruction being unknown to Plaintiff.
Plaintiff was in possession of the promissory note and entitled to enforce it when loss of
possession occurred. The loss of possession was not the result of a transfer by Plaintiff or a lawful
seizure. Said note is not in the custody or control of Plaintiff.

10. Plaintiff cannot reasonably obtain possession of the promissory note because its whereabouts
cannot be determined.

11. The Defendants named in this complaint are the only persons known to Plaintiff who are
interested for or against the reestablishment of the subject note.

I2. WHEREFORE, Plaintiff demands that this court reestablish the attached exhibit.

COUNT Ill - FORECLOSURE OF MORTGAGE

13. This is an action to foreclose a mortgage on real property located in SARASOTA
County, Florida.

14. All condition precedent to the filing of this matter have been completed and/or waived.
15. On December 20, 2006, Defendants, MARY A. PARISI and GLEN J. PARISI,

executed and delivered a promissory note a mortgage securing payment of same to FREMONT
INVESTMENT & LOAN The mortgage was recorded on January 3, 2007 in Instrument No.
2007001214 of the Official Public Records of SARASOTA County, Florida, and mortgaged the
property described therein owned by and in possession of the mortgagor. Attached hereto is a
copy of the recorded mortgage.

16. Plaintiff owns and holds the note and the mortgage.

17. The property is now owned by Defendants MARY A. PARISI and GLEN J. PARISI,

who hold possession.

F13938-0718. There has been a default under the note and mortgage held by Plaintiff in that the
payment due, April 1, 2007, and all subsequent payments have not been made. Plaintiff declares
the full amount due under the same mortgage to be now due.
19. Plaintiff declares the full amount payable under the note and mortgage to be due.
20. There ts now due and owing to Plaintiff herein $ $264,974.22 on principal of said note and
mortgage, plus interest from March 1, 2007, and title search expense for ascertaining necessary
parties to this action, all costs of this action, including any expenses incurred for locating parties
and serving process, and any other advances that are proper under the note and mortgage being
foreclosed herein including, but not limited to, taxes, insurance, mortgage insurance, late charges,
property inspections, property preservation and maintenance. Said indebtedness has been
accelerated pursuant to the terms of the subject note and mortgage.
16. Defendant, 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, may claim an interest in the subject property by virtue of any possible interest as a
result of their relationship to a named defendant. Said interest, if any, is subject and inferior to the
lien of Plaintiff's mortgage.
17. Defendant, UNKNOWN TENANT#I1 IN POSSESSION OF THE SUBJECT PROPERTY,
may claim an interest in the subject property by virtue of being in actual possession of same, but
the interest, if any, is subject and inferior to the lien of Plaintiffs mortgage.
18. Defendant, UNKNOWN TENANT#1 IN POSSESSION OF THE SUBJECT PROPERTY,
may claim an interest in the subject property by virtue of being in actual possession of same, but
the interest, if any, is subject and inferior to the lien of Plaintiff’s mortgage.
19. Plaintiff is obligated to pay its attorneys a reasonable fee for their services and is entitled
to recover its attorney’s fees pursuant to Florida Statute and the promissory note.
WHEREFORE, Plaintiff prays as follows:
(a) That this Court will take jurisdiction of this cause, of the subject matter and the
parties hereto.

(b) That this Court ascertains and determines the sums of money due and payable to
the Plaintiff from the Defendants.

(c) That the sum of money found to be due as aforesaid be decreed by this Court to

be a lien upon the lands described in Plaintiffs mortgage.

F13938-07(d) That such lien be foreclosed in accordance with the rules and established practice
of this Court, and upon failure of the Defendants to pay the amount of money found to be due by
them to the Plaintiff, the said land be sold to satisfy said lien.

(e) That this Court decree that the lien of the Plaintiff is superior to any and all right,

title and interest of the Defendants herein or any person or parties claiming by, through or under

them since the institution of this suit.

(f) That all right, title or interest of the Defendants or any person claiming by,

through or under them be forever barred and foreclosed.
(g) That the Court retain jurisdiction of this cause to grant further relief as the Court

deems just and proper including, but not limited to, deficiency judgment(s) if the proceeds of the

sale are insufficient to pay Plaintiff's claim.

THIS COMMUNICATION, FROM A DEBT COLLECTOR, IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
TO ALL DEFENDANTS: PLEASE READ THE NEXT PAGE CONTAINING IMPORTANT

INFORMATION IF YOU WANT TO DISPUTE THE VALIDITY OF THE DEBT PLAINTIFF

IS ATTEMPTING TO COLLECT IN THIS LAWSUIT.

Dated: July 9, 2007

VAN NESS LAW FIRM, P.A.
1239 E. Newport Center Drive,
Suite 110

Deerfield Beach FL 33442
Phone (954) 571-2031
Fax (954) 57I-

F13938-07This Notice is Required by the Fair Debts Collection Practices Act (the “Act”) 15 U.S.C.
§§1601 et seqg., as amended.

1. The Plaintiff as named in the attached summons and complaint is the creditor to
whom the debt is owed or is the servicing agent for the creditor to whom the debt is owed.

2. The debtor may dispute the validity of this debt, or any portion thereof, within
thirty (30) days of receipt of the Notice. If the debtor fails to dispute the debt
within thirty (30 days, the debt will be assumed valid by the creditor.

3. Ifthe debtor notifies the creditor’s law firm in writing within thirty day (30) days from
receipt of this notice that the debt, or any portion thereof, is disputed, the creditor’s law
firm will obtain verification of the debt, or a copy of a judgment and a copy of the
verification will be mailed to the debtor by the creditor’s law firm.

4. The name of the original creditor is set forth in the mortgage and note attached
hereto, if the creditor named as Plaintiff in the attached summons and complaint is not
the original creditor, and if the debtor makes a written request to the creditor’s law firm
within (30) days from the receipt of this notice, the address of the original creditor will
be mailed to the debtor by the creditor’s law firm.

5. As of the date affixed to the Complaint filed herein, the amount of the debt is stated in
the attached Complaint attached hereto. Because of interest, late charges, and other
charges that may vary from day to day, the amount due on the day you may pay may be
greater. Hence, if you pay the amount shown above, an adjustment may be necessary
after we receive your check, in which event we will inform you before depositing the
check for collection. For further information, please contact the law firm listed below.

6. Written request required by this Act should be addressed to:

VAN NESS LAW FIRM, P.A.
1239 E Newport Center Drive
Suite 110
Deerfield Beach FL 33442
7. The law does not require me (the debt collector) to wait until the end of the thirty (30)

day period before suing you (the consumer) to collect this debt. If, however, you request
proof of the debt or the name and address of the original creditor within the thirty (30)
period which begins with your receipt of this notice, the law requires me to suspend my
efforts (through litigation or otherwise) to collect the debt until I mail the requested
information to you.

This communication is for the purpose of collecting a debt, and any information obtained
from the debtor will be used for that purpose.

FI3938-07° EXHIBIT n\n me OFFICIAL REDORI

DTHNENT HeOULCATFPa

2001 F 225
KAREN-ES RUSHING
CLERK OF CIRGUIT COURT
SARASOTA COUNTY »FLORIDA
JCARRERA Receipt#016178

Doc Stame-Deed: (9.0

2001024722

7pe 8

CORRECTIVE DEED

THIS WARRANTY DEED made hzom Zom_ day of February, sooll bp Halleraft Homes, ine} corporation
"existing under the laws of the State of Florida, and having tts principal place of business at 5111 Ocean Boulevard,
Barasot, FL 34242, hereinafter called the Grancor, tLarry E. Croy, Harvey C. Holton and Geraldine Saab vos
post office address 1s 2100 S Tamiami Trail, Sarasota, FL 34230, hereinafter called the Grantee:

TELEPHONE (941

°
{Wherever used herein the terms "Grantor’ and ’Grancee” include all the parties to thts instrument and the hetrs, legal representatives and assigns
pf individusls, and the successors and essigns of corporation)

EN

é WITNESSETH: That the Grantor, for and in consideration of the sum of $1000 and other valuable
tronsiderations, receipt whereof is hereby acknowledged, hereby grancs, bargains, sells, aliens, remises, releases, conveys
d confirms unto the Grantee, all that certain land situate in Manatee County, Flonda, viz:

Parcel A:

The South 30 00 feet of Lor 2 and the North 12.25 feet of Lot 3, COLONY LAKE SUBDIVISION,
Unit 1, as per plat thereof recorded in Plat Book 17, Pages 17, 17A and 17B, of the Public Records
of Sarasota County, Flonda

Parcel B.

The South 24.00 feet of Lot 3 and the North 18.25 feet of Lot 4, COLONY LAKE SUBDIVISION,
Unut 1, as per plat thereof recorded tn Plat Book 17, Pages 17, 17A and 17B, of the Public Records
of Sarasota County, Florida.

Parcel C:

the South 18.00 feet of Lot 4 and the North 24.25 feet of Lot 5, COLONY LAKE SUBDIVISION,
Unut 1, as per plat thereof recorded in Plat Book 38, Pages 17, 17A and 17B, of the Public Records
of Sarasota County, Flonda.

Parcel D.

The South 12 00 feet of Lot § and the North 30.25 feet of Lot 6, COLONY LAKE SUBDIVISION,
Unit 1, a3 per plat thereof recorded in Plat Book 38, Pages 17, 17A and 178, of the Public Records
of Sarasota County, Flonda

This 1s a corrective deed, given to correct the legal description in Warranty Deed recorded May 8,
2000 in the Official Records at Instrument No 20000057235.

SSS EE oo FELDMAN B&B ROBACK ATTORNEYS AT LAW 3908 26TH mses

—S——— 2 a — —_ Eee ee ow -= _- =

wees ie, CE ewe® ©
-. OFFICTAL RECORDS INSTRUMENT # 2001024722 2 pas

rf
®

SUBJECT TO reservations, restrictions and easements of record.

TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining,

TO HAVE AND TO HOLD, the same in fee simple forever.

56 6808

a AND the Grantor hereby covenants with said Grantee that the Grantor 1s lawfully seized of sard land in fee
¢simple, that the Grantor has good nght anid lawful authonity to sell and convey said land; that the Grantor hereby
wfully warrants the title to said land and will defend the same against the lawful claims of al! persons whomsoever; and
fthat satd land 1s free of all encumbrances, except ad valorem real property taxes accruing subsequent to December
431, 1999.

IN WITNESS WHEREOEF the grantor has caused these presents to be
executed in its name, and its corporate seal to be hereunto affixed, by us
proper officers thereunto duty authonzed, the day and year first above written.

LORIOA 34205

Fi

Signed, sealed and delivered in our

8 DENTON
f
e

”

Hallcraft Home, Inc., a Florida corporation

Prin ame: Pe. 997 Su shee

byt _, - By
Printed Name. A-iwawa & ad Rodney s, President

3STATE OF FLORIDA
-21 §N (9404) Page 3 of « initials __
®@XSG-01/18/2007

Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.

if all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall nox be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shal! not exercise this
option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended
transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's
security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this
Security Instrument is acceptable to Lender.

To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lendcr's
consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in
this Security Inswrument. Borrower will continue to be obligated under the Note and this Security Instrument unless
Lender releases Borrower in writing.

If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance
with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to
pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.

** SEE PREPAYMENT RIDER ATTACHED HERETO AND MADE A PART HEREOF **

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.

(Seal) hela (Scal)

MARY -Borrower GLEN J. PARIS] -Borrower
(Seal) (Seal)

-Borrower -Borrower

(Seal) (Seal)

~Borrower “Borrower

(Seat) (Seal)

-Borrower -Borrower

{Sign Original Only]

G81 SN cosoe Page sole Form 5520 3/040”

“y

SE el we

' ran RECORD WOFPICTA mes
EXHIBIT C INSTRUMENT OyTO0icL PES

Retum To: ; F 2007 JA ofr

Fremont’ Investment & Ldan ' FO AEN El Oe ReHITT COURT

FULLERTON, "Ch 92634-34078 “CEAGLETD Recent #868658
. Stamp : ,

This document was prepared by: em ntana. Tax: 50.40

Barbara Licon

2007001214

30000000840313 y i ERAN
space Above This Line. For Recording Data)

“MORTGAGE. Ac

MIN 1001944+ 3000840313- ‘4

DEFINITIONS gt cae

Words used in multiple sections of this document are defined below and .other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of Avords used in this document are
also provided i in Section 16.

(A) "Security Instrument" means this document, which is sul) December 20, 2o0al) ,
together with all Riders to this document.
(B) "Borrower" iVGLEN J. PARISI and MARY A. PARISI, husband and wife

ERS" } Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is

ng solely“as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee

under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and “ip number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.

Borroyrer is s the ortgagor under this Security Instrument.
(

(D) "Lender" remont Investment & Loan

VMP MORTGAGE FORME - (800)521-7291

FLORIDA-Single Family-Fannte Mae/Freddle Mac UNIFORM INSTRUMENT WITH MERS Form 3010 t/0t
By sarricome AN ARS CPS
Pages | of 16 IP Initials: tat ner : oy

“8 3
' “oe
vt "4Lender is a CORPORATION
organized and existing under the laws of = CALTFO RNIA
Lender's address is 2727 East Imperial Highway, Brea, CA 92821

(E) "Note" means the promissory note signed by Borrower and datedDecember 20, 2006 .
The Note states that Borrawer owes Lender Two Hundred Sixty-Five Thousand Two Rundred

and §/100ths Dollars
(U.S74§265, 200.0 ) plus interest. Borrower has promised to pay this debt in regular Periodic
P nts and to pay thd debt in full not later than January 01, 2037

(F) 'Property"t means the property that is described below under the heading "Transfer of Rights in the

Property."

(G) “Lean" means the debt evidenced by the Note, plus interest, any prepayment charges and jate charges
due under the Note, and all sums due under this Security Instrument, plus interest.

(H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable}:

[J Adjustable Rate Rider |_| Condominium Rider (—] Second Home Rider
{__] Balloon Rider Planned Unit Development Rider [_| t-4 Family Rider
L_] VA Rider (__] Biweekly Payment Rider Lj Other(s} [specify]

(1) “Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.

(J) "Community Association Dues, Fees, sud Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.

(K) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.

(L) "Escrow Items" means those items that are described in Section 3.

(M) “Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.

(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.

(Q) ‘Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.

inittats:
pS ALFL) (0005).02 Page 2 of 16 $ Form 3010 4/04ep oe A VY -

Oo —— a

(P) "RESPA" means the Rea! Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seg.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan” even if the Loan does not qualify as a "federally related martgage
loan” under RESPA.

(Q) "Successor in Interest of Borrower" means eny party that has taken title to the Property, whether or
not that party has assumed Bostower’s obligations under the Note and/or this Security Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY

This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ji) the performance of Borrower's covenants and agreements under this
Security Instrument end the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS, the following described property located in the County (Type of Recording Jurisdiction]
of Sarasota (Name of Recording Jurisdiction}:
SEE ATTACHED LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF

Parcel ID Number: 0092-01-0017 which currently has the address of
5367 COLONY LAKE LANE {Street}
Sarasota [City], Florida 34233 [Zip Code}
(“Property Address"):

TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, apputtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security

Instrument. .
Form 3040 4/04

EDFA rey (0006}.02 Page 3 of 16BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record, Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.

THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:

1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.

Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need oot pay
interest on unapplied funds. Lender may hold such unapplied funds unti] Borrower makes payment fo bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.

2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note: (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shali be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.

If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment

GED SAIFL) (0005).02 Page 4 of 16 Form 30160 1/04

- - - oe ee meee ve 0 cE ace on oe a «+ ae a a eee enecan be paid in full, To the extent that any excess exists after the payment is applied to the full payment of
one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the Note.

Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.

3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds”) to provide for payment of amounts duc
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.

Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shali apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest

ar SQ
aD. -§ A(FL} (0005).02 Page & of 16 _ off Form 3070 1/01

Rk te ek ee me Ok eee ee eeshall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.

If there is a surptus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shail pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than I2 monthly payments.

Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender,

4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can ettain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if amy, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow items, Borrower shall pay them in the manner provided in Section 3.

Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender’s opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.

Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.

5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term “extended coverage,” and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shal] be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender’s
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
_require Borrower to pay, in connection with this Loan, cither: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges cach time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.

Gm
CED BA (FL) (0006).02 Page & of 16 Form 3010 4/01If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.

All insurance policies required by Lender and renewals of such policies shali be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shail name Lender as mortgagee and/or as an additional loss payee.

In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shali
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender’ s security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or eamings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.

If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (2) Borrower's rights to amy insurance
proceeds in an amount not to exceed the emounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.

A vis
Zp SALFU) (oeos).02 Page 7 of 18 5 Form 3016 1/046. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.

7, Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shali maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feastble, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shal! be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.

Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause,

8. Borrower's Loan Application. Borrower shal] be in default if during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Maternal
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.

9, Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is 2 legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations}, or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attomeys’ fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all

actions authorized under this Section 9.
Form 3070 1/04

GD SA (FL) (0005).02 Page 6 of 18Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting

ent.
rt this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease, If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in wniting.

10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. Jf substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reser¥e in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage {in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.

Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a pasty to the Mortgage
Insurance.

Martgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have avaitable (which may include funds obtained from Mortgage
Insurance premiums).

As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing tosses. If such agreement
provides that an affiliate of Lender takes 2 share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed “captive reinsurance.” Further:

(a) Any such agreements will not affect the amounts that Borrower has