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Filing # 174951429 E-Filed 06/08/2023 09:25:36 PM
IN THE CIRCUIT COURT OF THE
SIXTH JUDICIAL CIRCUIT, IN AND FOR
PASCO COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.:
MATRIX FINANCIAL SERVICES
CORPORATION
Plaintiff,
vs.
NATALIE M. FELIA, CHRISTOPHER D.
WILSON, HUNTER’S RIDGE
HOMEOWNER'S ASSOCIATION, INC., AND
UNKNOWN TENANT IN POSSESSION OF
THE SUBJECT PROPERTY,
Defendants.
VERIFIED COMPLAINT
The Plaintiff, MATRIX FINANCIAL SERVICES CORPORATION, sues the Defendants,
NATALIE M. FELIA, CHRISTOPHER D. WILSON, HUNTER’S RIDGE HOMEOWNER’S
ASSOCIATION, INC., AND UNKNOWN TENANT IN POSSESSION OF THE SUBJECT
PROPERTY and alleges:
COUNTI
FORECLOSURE OF MORTGAGE
1 This is an action to foreclose a mortgage on real property in Pasco County, Florida.
2. On or about July 13, 2020, NATALIE M. FELIA AND CHRISTOPHER D. WILSON executed
and delivered a promissory note to United Wholesale Mortgage. On or about July 13, 2020, NATALIE M.
FELIA AND CHRISTOPHER D. WILSON executed and delivered a mortgage securing payment of the
same to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for United Wholesale
Mortgage, its successors and assigns, which mortgage was recorded in the Official Records Book No. 10136,
Page 1811, of the Public Records of Pasco County, Florida and which mortgaged the property described
therein, then owned by and in possession of said mortgagor. A copy of the note, mortgage and assignment
of mortgage are attached hereto and made a part hereof. Hereinafter, the note and mortgage are referred to
collectively as the “loan documents.”
3 Plaintiff is the holder of the original note secured by the mortgage and is filing contemporaneously
herewith a certification of possession of the original note.
4 Defendant(s), NATALIE M. FELIA AND CHRISTOPHER D. WILSON, own(s) the property.
Electronically Filed Pasco Case # 2023CA003662CAAX
WS 06/08/2023 09:25:36 PM
5 There has been a default under the loan documents held by Plaintiff in that the payment due
December 1, 2022 and all subsequent payments have not been made. Plaintiff declares the full amount due
under the loan documents to be now due.
6. All conditions precedent to the filing of this action have occurred, been satisfied, or been waived.
7
There is now due and owing to the Plaintiff the following amounts: unpaid principal balance of
$262,128.88, plus interest, escrow, title search expenses for ascertaining necessary parties to this suit, title
search, title exam, filing fee, and attorney’s fees and costs.
8 Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services and
to advance or reimburse the attorneys for their taxable costs. Plaintiff is entitled to an award of attorney’s
fees and costs pursuant to the terms of the loan documents.
9. Defendant, HUNTER’S RIDGE HOMEOWNER'’S ASSOCIATION, INC., may claim some
interest in or lien upon the subject property by virtue of ANY ASSESSMENTS PURSUANT TO FL
STATUTE 720.3085. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage.
10. Defendant, UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY, may
claim some interest in or lien upon the subject property arising from being in actual possession of same, but
interest, if any, is subject and inferior to the lien of Plaintiff's mortgage.
WHEREFORE, Plaintiff prays as follows:
(a) That this Court will take jurisdiction of this cause, the subject matter and the parties
hereto.
(b) That this Court, subject to any applicable statute of limitations, ascertain and
determine the sums of money due and payable to the Plaintiff from the Defendant(s),
including without limitation principal, interest, advances, attorney fees, and costs pursuant
to the loan documents.
(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 Plaintiff’s mortgage.
(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 or interest of the Defendants herein or any person or parties claiming by, through or
under them since the institution of this suit.
(fp) 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 this Court grants general relief in this cause as in its discretion might be just
and proper.
VERIFICATION
Under penalties 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.
Mireles Woody,
Printed name: _NicoiéMooay
Title: AVP - Business Integration
Matrix Financial Services Corporation By: RoundPoint
Mortgage Servicing Corporation, its attorney-in-fact
Miller, George & Suggs, PLLC
210 N. University Drive, Suite 900
Coral Springs, FL 33071
Telephone: 786-268-9954
DESIGNATED PRIMARY EMAIL FOR
SERVICE PURSUANT TO FLA. R. JUD.
ADMIN 2.516:
ESERVICE@MGS-LEGAL.COM
By:|/s/ Sta Esq. for
Aamir Saeed, Esq.
Bar No. 102826
a a
NOTE
JULY 13, 2020 Palm Harbor FLORIDA
[Date] [City] [State]
5447 EL CERRO DR, NEW PORT RICHEY, FLORIDA 34655
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $275,500.00 (this amount is
called "Principal", plus interest, to the order of the Lender. The Lender is UNITED WHOLESALE
MORTGAGE
I will make all payments under this Note in the form of cash, check or money order.
T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the "Note Holder.”
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest
at a yearly rate of 2.999 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
1 will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on SEPTEMBER 1 ,
2020 . [will make these payments every month until ] have paid all of the principal and interest and any other
charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled
due date and will be applied to interest before Principal. If, on AUGUST 1, 2050 , I still owe
amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.”
I will make my monthly payments at PO Box 11733, Newark, New Jersey 07101
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 1,161.38
4 BORROWER'S RIGHT TO PREPAY
T have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a "Prepayment." When I make a Prepayment, | will tell the Note Holder in writing that I am doing so.
I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder
will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder
may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my
Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in
the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
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DARA
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment
to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
5.000 % of my overdue payment of principal and interest. 1 will pay this late charge promptly but only
‘once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has
not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which
the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address
if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing
it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am
given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including
the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in
this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of
us together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
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Fannie Mae/Freddie Mac UNIFORI INSTRUMENT www. ic.com
Form 3210 1/01 Page 2 of 3
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10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument")
dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep
the promises which | make in this Note That Security Instrument describes how and under what conditions | may
be required to make immediate payment in full of all amounts | owe under this Note Some of those conditions are
described as follows
ifall or any part of the Property or any Interest in the Property is sold or transferred
(or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Tnstrument However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower
41. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
_O.
os
_
(Seal) ke (Seal)
CHRISTOPHER D WILSON -Borrower LIE M FELIA -Borrower
Loan Originator: Sandra Ruth Lindsey, NMLSR ID 312690
Loan Originator Organization: ACM Funding Group Inc., NMLSR 1D 312665
Loan Originator Organization: UNITED WHOLESALE MORTGAGE, NMLSR ID 3038
[Sign Original Only}
FLORIDA FIXED RATE NOTE-Single Family Docliiagic eForms
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Form 3240 1/1 Page 3 of 3
DR AL
4
PAY TO THE ORDER OF
WITHOUT REC
UNITED WHOLESALE MORTGAGE
Se
MARIA SUBASHI, AVP GFERATIONS
instr¢ 2020111972 ork 10136 261811 Paget of 19
07/14/2020 08:42 AM Rept: 2181533 Rec: 163.00 DS: 964.25 IT: 551.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
This Instrument Prepared By:
Closer TEAM UCLOSE
Closer TEAM UCLOSE
585 South Boulevard E
Pontiac, MI 4
XN /
After Recording Return To:
UNITED SHORE FINANCIAL SERVICES, LLC
585 SOUTH BO
PONTIAC, MI 48341
A |AGER
[Space Above This Line For Recording Data
MORTGAGE
ee MERS Phone: 888-679-6377
DEFINITIONS
Words used in multiple scetions of this document are defined below and other words are defined in Sections 3, 11
13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated JULY 13, 2020 together
with all Riders to this document.
(B) "Borrower" i CHRISTOPHER D WILSON, A Married Man and NATALIE M FELIA, A Married
Woman, As Joint Tenants with Full Rights of Survivorship
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is United Wholesale Mortgage
Lender is a LIMITED LIABILITY COMPANY organized.
and existing under the laws of MICHIGAN
Lender's address is $85 South Boulevard E, Pontiac, Michigan 48341
(E) "Note" means the promissory note signed by Borrower and dated JULY 13, 2020
‘The Note states that Borrower owes Lender TWO HUNDRED SEVENTY-FIVE THOUSAND FIVE
HUNDRED AND 00/100 Dollars (U.S. $ 275,500.00 ) plus interest
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Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
AUGUST 1, 2050
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(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]:
(] Adjustable Rate Rider [RX] Planned Unit Development Rider
([] Balloon Rider ( Biweekly Payment Rider
[] 14 Family Rider () Second Home Rider
F] Condominium Rider (J Other(s) [specify]
() “Applicable Law" means all controlling applicable federal, state and local statutes, regulations. ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(K) “Electronic Funds Transfer" means any transfer of funds, other than a transaction ori inated 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 te, 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 Lean.
(O) “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.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument.
“RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan”
even if the Loan does not qualify as a "federally related mortgage loan" under RESPA,
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument.
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TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications
of the Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.
Tor this purpose, Borrower dues lereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's
Successors anc assigns) and to the successors and assigns of MERS, the following described property located in the
COUNTY of PASCO
[Type of Recording Jurisdiction] (Name of Recording Jurisdiction)
See Attached
which currently has the address of 5447 EL CERRO DR
[Street]
NEW PORT RICHEY ; Florida 34655 ("Property Address"):
[City] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
Berrower 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 sel] the Property; and to take any action required ender including, but not limited to, releasing and canceling
this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right
to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the tite to the Property against all claims and demands, sudject
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 Prin ipal, 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 fer Escrow Items pursuant to Section 3. Payments due
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DIES
A A
or BK 10136 261814 Pace sor 19
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 Iustrument 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 deposils are insured
by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return
any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds
until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of
time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be
applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower ¢o the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in ful!. 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 Escrew Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the “Funds") to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower
to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisi us of Sectien 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 [tems unless Lender waives Borrower's
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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 ltems 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 P'unds, 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 atherwise 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 shal! 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 wri ig 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 shall be paid on the Funds. Lender shal! give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA.
If there is a surplus 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 shall 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
12 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 attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, if any, 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, lega! 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
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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.
5.5 - 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 I'mited to, earthquakes and floods, for which Lender requires insurance. This insurance shall 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 Luau. The insurance carrier providing
the insurance shall be chosen by Borrower subject to Lender's rightto disapprove Borrower's choice, which right shall
not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (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 each time remappings or similar changes occur which
reasonably migh: 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.
If 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 purvhase 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, hazardor liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage $0
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 shali bear interest at the Note rate from the date of disbursement and skall be payable, with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shalt 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 shal! 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 shall name Lender as mortgagee and/or as an additional loss
payee.
In the cvent 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, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender's security is nol 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 werk 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
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required to pay Borrower any interest or carnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out uf the insurance proceeds and shall be the sole obligation of Borrower.
Ifthe 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. ifany, 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 setile the claim. The 30-day period will begin when the
notice i given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns te Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the t to any refund
of unearned 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.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days afier 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 occupan 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 shall 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 feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. Tf insurance or condemnation proceeds are paid in connection with damage to, or the taking
of, the Property, Borrower shall 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
ascrics 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. Ifit 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 o such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application, Borrower shalt be in default if, during the Loan application process,
Borrower or any persons o¢ 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. Material 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 a legal
proceedin: at 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 ofa lien which may
attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
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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 cou
Preview
Filing # 174951429 E-Filed 06/08/2023 09:25:36 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO COUNTY, FLORIDA CIVIL DIVISION CASE NO.: MATRIX FINANCIAL SERVICES CORPORATION Plaintiff, vs. NATALIE M. FELIA, CHRISTOPHER D. WILSON, HUNTER’S RIDGE HOMEOWNER'S ASSOCIATION, INC., AND UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. VERIFIED COMPLAINT The Plaintiff, MATRIX FINANCIAL SERVICES CORPORATION, sues the Defendants, NATALIE M. FELIA, CHRISTOPHER D. WILSON, HUNTER’S RIDGE HOMEOWNER’S ASSOCIATION, INC., AND UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY and alleges: COUNTI FORECLOSURE OF MORTGAGE 1 This is an action to foreclose a mortgage on real property in Pasco County, Florida. 2. On or about July 13, 2020, NATALIE M. FELIA AND CHRISTOPHER D. WILSON executed and delivered a promissory note to United Wholesale Mortgage. On or about July 13, 2020, NATALIE M. FELIA AND CHRISTOPHER D. WILSON executed and delivered a mortgage securing payment of the same to Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for United Wholesale Mortgage, its successors and assigns, which mortgage was recorded in the Official Records Book No. 10136, Page 1811, of the Public Records of Pasco County, Florida and which mortgaged the property described therein, then owned by and in possession of said mortgagor. A copy of the note, mortgage and assignment of mortgage are attached hereto and made a part hereof. Hereinafter, the note and mortgage are referred to collectively as the “loan documents.” 3 Plaintiff is the holder of the original note secured by the mortgage and is filing contemporaneously herewith a certification of possession of the original note. 4 Defendant(s), NATALIE M. FELIA AND CHRISTOPHER D. WILSON, own(s) the property. Electronically Filed Pasco Case # 2023CA003662CAAX WS 06/08/2023 09:25:36 PM 5 There has been a default under the loan documents held by Plaintiff in that the payment due December 1, 2022 and all subsequent payments have not been made. Plaintiff declares the full amount due under the loan documents to be now due. 6. All conditions precedent to the filing of this action have occurred, been satisfied, or been waived. 7 There is now due and owing to the Plaintiff the following amounts: unpaid principal balance of $262,128.88, plus interest, escrow, title search expenses for ascertaining necessary parties to this suit, title search, title exam, filing fee, and attorney’s fees and costs. 8 Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services and to advance or reimburse the attorneys for their taxable costs. Plaintiff is entitled to an award of attorney’s fees and costs pursuant to the terms of the loan documents. 9. Defendant, HUNTER’S RIDGE HOMEOWNER'’S ASSOCIATION, INC., may claim some interest in or lien upon the subject property by virtue of ANY ASSESSMENTS PURSUANT TO FL STATUTE 720.3085. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. 10. Defendant, UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY, may claim some interest in or lien upon the subject property arising from being in actual possession of same, but interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. WHEREFORE, Plaintiff prays as follows: (a) That this Court will take jurisdiction of this cause, the subject matter and the parties hereto. (b) That this Court, subject to any applicable statute of limitations, ascertain and determine the sums of money due and payable to the Plaintiff from the Defendant(s), including without limitation principal, interest, advances, attorney fees, and costs pursuant to the loan documents. (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 Plaintiff’s mortgage. (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 or interest of the Defendants herein or any person or parties claiming by, through or under them since the institution of this suit. (fp) 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 this Court grants general relief in this cause as in its discretion might be just and proper. VERIFICATION Under penalties 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. Mireles Woody, Printed name: _NicoiéMooay Title: AVP - Business Integration Matrix Financial Services Corporation By: RoundPoint Mortgage Servicing Corporation, its attorney-in-fact Miller, George & Suggs, PLLC 210 N. University Drive, Suite 900 Coral Springs, FL 33071 Telephone: 786-268-9954 DESIGNATED PRIMARY EMAIL FOR SERVICE PURSUANT TO FLA. R. JUD. ADMIN 2.516: ESERVICE@MGS-LEGAL.COM By:|/s/ Sta Esq. for Aamir Saeed, Esq. Bar No. 102826 a a NOTE JULY 13, 2020 Palm Harbor FLORIDA [Date] [City] [State] 5447 EL CERRO DR, NEW PORT RICHEY, FLORIDA 34655 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $275,500.00 (this amount is called "Principal", plus interest, to the order of the Lender. The Lender is UNITED WHOLESALE MORTGAGE I will make all payments under this Note in the form of cash, check or money order. T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.” 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 2.999 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on SEPTEMBER 1 , 2020 . [will make these payments every month until ] have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on AUGUST 1, 2050 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date.” I will make my monthly payments at PO Box 11733, Newark, New Jersey 07101 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,161.38 4 BORROWER'S RIGHT TO PREPAY T have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, | will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. FLORIDA FIXED RATE NOTE-—Si le Famil DocMagic eForms Fannie Mae/Freddie Mac UNIFOR' INSTRUMENT www.docmagic.com Form 3210 Page 1 of 3 DARA 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. 1 will pay this late charge promptly but only ‘once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. FLORIDA FIXED RATE NOTE-Sit le Famil Deoc Magic eForms Fannie Mae/Freddie Mac UNIFORI INSTRUMENT www. ic.com Form 3210 1/01 Page 2 of 3 De 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which | make in this Note That Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts | owe under this Note Some of those conditions are described as follows ifall or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Tnstrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower 41. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. _O. os _ (Seal) ke (Seal) CHRISTOPHER D WILSON -Borrower LIE M FELIA -Borrower Loan Originator: Sandra Ruth Lindsey, NMLSR ID 312690 Loan Originator Organization: ACM Funding Group Inc., NMLSR 1D 312665 Loan Originator Organization: UNITED WHOLESALE MORTGAGE, NMLSR ID 3038 [Sign Original Only} FLORIDA FIXED RATE NOTE-Single Family Docliiagic eForms Fannie Mae/Freddie Mac UNIFORM INSTRUMENT www.docmagic.com Form 3240 1/1 Page 3 of 3 DR AL 4 PAY TO THE ORDER OF WITHOUT REC UNITED WHOLESALE MORTGAGE Se MARIA SUBASHI, AVP GFERATIONS instr¢ 2020111972 ork 10136 261811 Paget of 19 07/14/2020 08:42 AM Rept: 2181533 Rec: 163.00 DS: 964.25 IT: 551.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller This Instrument Prepared By: Closer TEAM UCLOSE Closer TEAM UCLOSE 585 South Boulevard E Pontiac, MI 4 XN / After Recording Return To: UNITED SHORE FINANCIAL SERVICES, LLC 585 SOUTH BO PONTIAC, MI 48341 A |AGER [Space Above This Line For Recording Data MORTGAGE ee MERS Phone: 888-679-6377 DEFINITIONS Words used in multiple scetions of this document are defined below and other words are defined in Sections 3, 11 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JULY 13, 2020 together with all Riders to this document. (B) "Borrower" i CHRISTOPHER D WILSON, A Married Man and NATALIE M FELIA, A Married Woman, As Joint Tenants with Full Rights of Survivorship Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is United Wholesale Mortgage Lender is a LIMITED LIABILITY COMPANY organized. and existing under the laws of MICHIGAN Lender's address is $85 South Boulevard E, Pontiac, Michigan 48341 (E) "Note" means the promissory note signed by Borrower and dated JULY 13, 2020 ‘The Note states that Borrower owes Lender TWO HUNDRED SEVENTY-FIVE THOUSAND FIVE HUNDRED AND 00/100 Dollars (U.S. $ 275,500.00 ) plus interest FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS- DocMagic eForms Form 3010 1 Page 1 of 15 www.docmagic.com Tala Al orsk 10136 PG 1812 Page 2 of 19 Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 1, 2050 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (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]: (] Adjustable Rate Rider [RX] Planned Unit Development Rider ([] Balloon Rider ( Biweekly Payment Rider [] 14 Family Rider () Second Home Rider F] Condominium Rider (J Other(s) [specify] () “Applicable Law" means all controlling applicable federal, state and local statutes, regulations. ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) “Electronic Funds Transfer" means any transfer of funds, other than a transaction ori inated 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 te, 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 Lean. (O) “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. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument. “RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan” even if the Loan does not qualify as a "federally related mortgage loan" under RESPA, (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic eForms Form 3010 1/01 Page 2 of 1 www.docmagic.com DRE orsk 10136 PG 1813 Page 3 of 19 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. Tor this purpose, Borrower dues lereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's Successors anc assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY of PASCO [Type of Recording Jurisdiction] (Name of Recording Jurisdiction) See Attached which currently has the address of 5447 EL CERRO DR [Street] NEW PORT RICHEY ; Florida 34655 ("Property Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Berrower 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 sel] the Property; and to take any action required ender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tite to the Property against all claims and demands, sudject 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 Prin ipal, 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 fer Escrow Items pursuant to Section 3. Payments due FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DacMagic eForms Form 3010 1/01 Page 3 of 15 www.docmagic.com DIES A A or BK 10136 261814 Pace sor 19 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 Iustrument 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 deposils are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower ¢o the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in ful!. 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 Escrew Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the “Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisi us of Sectien 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 [tems unless Lender waives Borrower's FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ MERS DocMagic eForms Form 3010 1/01 Pago 4 of 15 www.docmagic.com DRcea vA orsk 10136 PG 1815 Page 5 of 19 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 ltems 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 P'unds, 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 atherwise 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 shal! 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 wri ig 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 shall be paid on the Funds. Lender shal! give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus 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 shall 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 12 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 attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, 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, lega! 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 FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic eForms Form 3010 1/01 Page 5 of 15 www.docmagic.com TR ec orsk 10136 PG 1816 Page 6 of 19 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. 5.5 - 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 I'mited to, earthquakes and floods, for which Lender requires insurance. This insurance shall 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 Luau. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's rightto disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (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 each time remappings or similar changes occur which reasonably migh: 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. If 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 purvhase 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, hazardor liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage $0 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 shali bear interest at the Note rate from the date of disbursement and skall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shalt 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 shal! 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 shall name Lender as mortgagee and/or as an additional loss payee. In the cvent 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, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is nol 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 werk 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 FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic eForms Form 3010 1/04 Page 6 of 15 www.doemagie.com DAR A | orsk 10136 PG 1817 Page 7 of 19 required to pay Borrower any interest or carnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out uf the insurance proceeds and shall be the sole obligation of Borrower. Ifthe 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. ifany, 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 setile the claim. The 30-day period will begin when the notice i given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns te Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the t to any refund of unearned 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. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days afier 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 occupan 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 shall 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 feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. Tf insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall 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 ascrics 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. Ifit 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 o such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application, Borrower shalt be in default if, during the Loan application process, Borrower or any persons o¢ 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. Material 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 a legal proceedin: at 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 ofa lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS. DocMagic eFarms Form 3010 1/01 Page oO www.docmagic.com DARA | orsk 10136 PG 1818 Page 8 of 19 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 cou