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Filing # 155465256 E-Filed 08/16/2022 05:49:33 PM
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR INDIAN RIVER COUNTY FLORIDA
TRINITY FINANCIAL SERVICES, LLC, CIRCUIT CIVIL DIVISION
Plaintiff,
¥. CASE NO.: 2021-CA-000611
DIBULIFORT BIEN-AIME, e/ al.,
Defendants
NOTICE OF FILING
PLEASE TAKE NOTICE that the Plaintiff, TRINITY FINANCIAL SERVICES, LLC, has filed
herewith.
. CERTIFICATION OF BUSINESS RECORDS
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by
Electronic Mail pursuant to Rule 2.516. Fla. R. Jud. Admin. And /or by U.S. Mail to any other
parties in accordance with the attached service list this 16th day of AUGUST 2022:
Dieulifort Bien-Aime
8416 104th Avenue
Vero Beach, FL 32967
Kednie Prophete
8416 104th Avenue
Vero Beach, FL 32967
Eric Prophete
8416 104th Avenue
Vero Beach, FL 32967
HOWARD LAW GROUP
4755 Technology Way, Suite 104
Boca Raton, FL 33431
Telephone: (954) 893-7874
Service eMail: Pleadings@HowardLaw.com
By s, CE. Meewias
Anya I, Macias, Esq.
Florida Bar No,; 048600
E-Mail: Anya@HowardLaw.com
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR INDIAN RIVER COUNTY FLORIDA
TRINITY FINANCIAL SERVICES, LLC, CIRCUIT CIVIL DIVISION
Plaintiff,
¥. CASE NO,; 2021-CA-000611
DIEULIF ‘ORT BIEN-AIME, ev al.,
Defendants
CERTIFICATION OF BUSINESS RECORDS
STATE OF Florida
COUNTY OF Palm Beach
BEFORE me, personally appeared Don A. Madden, III who, being of
lawful age and after being first duly sworn, deposes, and says:
Lam _ President of TRINITY FINANCIAL, LLC, the servicing agent for the
Plaintiff, TRINITY FINANCIAL SERVICES, LLC, in this action, In the capacity, I have
personal knowledge of the facts and matters stated herein, and | am authorized to execute
this Affidavit on behalf of PLAINTIFF.
The information contained in this affidavit is contained in the original books and records
maintained by TRINITY FINANCIAL, LLC, and the records referenced or summarized
herein constitute records or data compilations (“the records”) of transactions (“the
Transactions”) relating to the servicing of the mortgage loan at issue in this foreclosure
action.
The records were made at or near the indicated time based on information transmitted by,
or from a person with knowledge of the Transactions. The records are kept in the course of
TRINITY FINANCIAL, LLC regularly conducted business activity, In the course of my
regular job duties | have access to and am familiar with these records, and I reviewed and
relied upon these records in executing this Affidavit.
True and correct copies of records I have reviewed and relied upon in executing this
Affidavit are attached to this Affidavit and incorporated herein,
According to the records, prior to the filing of the Complaint, the Plaintiff was the
designated holder of the note, or otherwise authorized to enforce, the promissory note and
mortgage upon which this foreclosure action is base, A true and correct copy of the original
note is attached hereto.
According to the records, the borrower(s) have defaulted pursuant to the terms of the
promissory note and mortgage sued upon, by failing to tender the Plaintiff the required
payments when due,
The borrower(s) were sent a notice of default. A copy of this letter and any proof of mailing
same is/are attached hereto.
The default has not been cured and the Plaintiff has elected, in accordance with the terms
of the note and mortgage, to accelerate the payment of the entire principal sum, together
with accrued interest.
A true and correct copy of the borrower’s payment history is attached hereto,
10. A true and correct copy of the business records showing the amounts due and owing is
attached hereto.
Affiant Signature:
> [tee laa
Print Name;
Bon A, Madden, I
_Titles*
President
The foregoing instrument was sworn to and subscribed before me this ia day of
August , 2022, by_Don A. Madden, I » who is personally known
to me. Zé
6 dy My [
NOTARY PUBLIC, State of | 10Li
My commission expires: Ged
mh
olan Pubiic State of Fiorida
asley Feinsllver
‘ommission
Het a
Exp, 11/30/2026
e ma
February 26 , 2006
NOTE, ST LUCIE FLORIDA
Date Oy State
8416 104TH AVENUE, VERQ BEACH, FLORIDA 32967
Property Address
1, BORROWER'S PROMISE TO PAY
In return for a loan that I have recelved, I promise to pay U.S. $ 44,760.00 {his ainount will-be called
“‘pHlincipal”), plus interest, to the order of the Lender. ‘The Lender is
LEHMAN BROTHERS BANK, FSB , A FEDERAL SAVINGS BANK
. Lunderstand that the Lender may transfer this
Noié. The Lender or artyone who fakeg this Note by transfet and who Is entitled to receive payaients under this Note will be called
: the ‘Note Holder.”
2. INTEREST
‘Twill pay Interest at a yearly rate of %.
Interest will b¢.charged on unpaid principal usiti 1 etal amount of principal has been patd.
3, PAYMENTS
[will pay principal and interestby itiaking payments each nionth of U.S. $ 413.63 ‘
Lwill make ny payments on the first day. of each month beginning on April
I will make these'paymenis every. month until T have paid all of the ‘principal and interest.and any other charges,
dewhbed betow,. that I inay owe under this Note-If,on March 1, 20 >
L still 6we amounts under this Note, J will pay all those amounts, in full, o abt date.
Twill stiake my:monthly payments al4o9 PROFESSIONAL DRIVE; SUITE 500.
GAITHERSBURG, MD 20879 of at a different place if tequired by the Note Holder.
.
4. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received ihe-full aniountof dny of sny monthly payments by the end of 45
ealendat days after the date it Is due, I will pay a late charge to the Note Holder. The amount of the charge will be
% of my overdue payment, but not less than U:S. $ 20.69 and not. more than
5.00
GS. $ . » Twill pay this laje charge only once on any late payment,
(®) Notice from Note Holder
Tf 1 do not pay the fall amount of each monthly payment on time, the Note Holder:may send mé a-written nolice telling me
that {£1 do ‘not. pay the overdue amount by a ceftain date 1 will be in default. That date must:be at least 10 days after-the date on.
which the notice ig mailed fo me. or, if it is not mailed, 10 days after the date on which it is delivered to me.
(€) Default
If I do not pay the. overdue amiount. by the date stated in the notice described in (B) above, I will be.in default. Jf Tam in
default, the. Note Holder may require me to pay immediately. the full amount of principal which has not been. paid and all the
interest that] owe oni that Amount,
Byett if, at a time when’ 4m in default, the Note Holder doesnot require me to pay immediately ‘in full as desctibed above,
the Note Holder will still have the right to do so if] adm-in default at a later time.
FLORIDA - SECOND. MORTGAGE: « 1/80'- FNMAIFHLMG UNIFORM INSTRUMENT
-
a
Form 4910
D_7HIFL) 000 Amended 10/98
\VMP MORTGAGE FORMS - (800)621-7281
Page told totes Px
EXHIBIT oA"
.
®
‘()'Payment of Note Holder’s Costs and Expenses
ora
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 for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example,
reasonable attorneys’ fees.
5, THIS NOTE SECURED BY A MORTGAGE
In __ addition to {he protections gl to the Note
VER Holder under this Note, a Mortgage, dated
February 28, + Protects the Note Holder from possible losses which might result if I do not keep
the promises which I make in this Note. That Mortgage describes how and under what conditions I may be required to make
immediate payment in full of all amounts that I owe under this Note,
6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE
Thave the right to make payments of princi at any time before they are due. A payment of principal only 1s known as a
“prepayment.’* When I make a prepayment, I will tell the Note Holder in a letter that I am doing so. A prepayment of all of the
unpaid principal is known as a ‘‘full prepayment.’’ A prepayment of only part of the unpaid principal is known as a “‘partial
prepayment.”
I may make a full prepayment or a‘partial prepaythent without paying any penalty. The Note Holder will use all of my
prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in
the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or
changes. | may make a full prepayment at any {ime. If I choose to make a partial prepayment, the Note Holder may require me to
make the prepayment on the same day that one of my monthly payments is due, ie Note Holder may also require that the amount
of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments.
7, BORROWER’S WAIVERS
I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due
(known as ‘‘presentment’’); (B) to give notice that amounts due have not been id (known as “notice of dishonor’’); (C) to
obtain an official certification of nonpayment (known as a ‘‘protest"’), Anyone else who agrees to keep the promises made in this
Note, or who agrees to make payments to the Note Holder if J fail to keep my promises under this Note, or who signs this Note to
transfer {t to someone else also waives these rights. These persons are knownas “guarantors, suretles and endorsers,’’
8. GIVING OF NOTICES
Any notice that must be-glven to me under this Note will be given by delivering it or by mailing it by certified mall addressed
to me at the Property Address above. A notice will be delivered or malled to me 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 malling it by certifled mail to the Note
Holder at the address stated In Section 3 above. A notice will be malled to the Note Holder at a different address {f I am given a
notice of that different address.
9, RESPONSIBILITY OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each of us Is fully and personally obligated to pay the full amount owed and to keep
all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) Is also
obligated to do these things. The Note Holder may enforce its rights under this Note against each of us 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. Any person who takes
over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Noie. Any
person who takes over the rights or obligatlons of a guarantor, surety, or endorser of this Note (as described in Section ‘7 above) is
also obligated to keep all of the promises made in this Note.
10. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the Mortgage securing thls indebtedness.
foitale: ab.
ED;THIFL) 0300, Page 20f2 Form 3910
e NOTICE TO BORROWER
om”
Do not sign this Note if it contains blank spaces.
All spaces should be completed before you sign.
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EULT: a STmN-AIME Borrower Borrower
eal) (Seal)
Borrower Borrower
(Seal) Gea)
-Borrower Borrower
(Seal) eal)
Borrower Borrower
[Sign Original ond}
QD; TFL) 0200 Page 3ol3 Form 3910
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1734969 RECORDED IN 'THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2006 pG: 1670; 63/14/2006 12:59 BM DOG STAMPS MTG
$156.80 INT TAX $89,562
O5-[eog-
Anchor Land Title, inc,
ito BW Port 81. Lucte Bivd,
Part St. Lucle, FL aqga
Return Tor
AURORA LOAN SERVICKS, LLC
603, Bth Ava, PO Box 4000
Sdotteblutk, NE 69363
‘Thig instnusont was prepared by; CXNTHIA JOY ROLAN
400 PROVESSIONAL DRIVE, SUITE 100
GALTHERSBURG, MD 20879
MORTGAGE
THIS MORTGAGE js made this 28 of Febyuaxy 2008 s between
th Morigagor,
DIEULIFORT ‘BIEN-AIMB , A SINGLE AD Lt. AN
XEPNIE PROPHETE, JOINED BY HER HUSBAND ERIC PROPHETE
1 Whose adress tg
416 104TH AVENUE VERO BEACH, PLORIDA 92567 (hereln "Borrower"), and the Mortgagee,
Mortgage Blectronlo’ Registration Systems, Isic, (TMERS"), (olely as aominee for Lender, as herelnafter defined, and Lenders
successors and assigns). MBRS Js organized-and existing under the laws of Delaware, and has an address and felephone-number of
P.O: Box 2026, Flint, MI 48501-2026,
tel. (888) 679-MERS,
‘USHMAN BROTHERS BANK, ¥88, A FEDERAL: SAVINGS BANK ‘CLender*) is organized and
ening urider the hws of UNETED STATES wand has an addressof
00 PROFESSIONAL DRIVE, SUITE 590, GAITHERSHURG, MD 20679
‘WHEREAS, Borrower Js indebied to Lender in the principal sym of U:S. 44,760.00 whieh
indebtedness is évideficed by Borrower's itote dated Vebrusry 28, 2006 and extenstons and renewals
thereof (herein "Noie*), providing for monthly installments of principal and Inferedt, wlth the balance. ofthe Indebledness, If not
sooner pald, duc aud payable on. oh 1, 203
‘TO SECURE to Lender the repayment of the indebtedoess evidenced by-the Note, ‘with, ‘nerest ahereon; thé payment of all
other suins, with interest thereon, advarictd tn accoidénce herewith {o protect the security cof this Mortgage; and the perfoomance of
the covenants and agreenionts of Bortower herelf contatnéd, Borrower does hereby inor(gage, grant and convey to MERS ‘Golely
as nominee for Lender and Lender's successors and agsigvis) and (a the successors and assigns of MERS, tho following described
property located in the County of Tndian River +
State of Florida:
Ad] that txpot or parcel Gf land as shown on Schedule "A" attached
haieto which dg incorporated herein tind inade a part. hereof.
Lot 25, in Block D, VERO LAKE ESTATES, UNLT 0, accotding to the Plat thereat,
as recorded in Plat: Book 6, at Page 22, of the Public Records of Indian River
County, Ploridas
which has the address ‘8426 104% AVENUE [steget ,
VERO BEACH (chy, Plorida 32967 [24 Code} flierein "Propeity Addréss");
[FLonipa SECOND MORTGAGE - 160 - RIMMING OMFORI OTHUNENT vari weno | . E P
Pape ate Form 3819.
Bp VoHKel): gas, ‘Yup oRtORO
FORD font tens, AB ‘Apmbided 2701
EXHIBIT” i
BK! 2006 PG: 1671
a
‘TOGETHER with all the Improvements now or hereafter erected on the property, and all easements, rights, appurtenances and
renis, all of whlch shall be deemed to be and remain a part of the property covered by this Mortgago; and all of the foregoing,
together with sald property (or the leasehold estate Ifthla Mortgage is on a leasehold) are hereinafter referred to as the “Property.”
Borrower understands and agrecs that MERS holds only legal title to the Interests granted by Borrower in this Mortgage; but, if
necessary to comply with law or custom, MBRS, (as nonilnee for Lender and Lender’s successoré and assigns), has the right: to
exercise any or all of those interests, including, but not Iimlted to, the right to foreclose and sell the Property; and to take any action
required of Lender including, but not limited to, releasing or canceling this Morigage,
Borrower covenants that Borrower Is lawfully selsed of the estate hereby conveyed and has the right to mortgage,
grant and
convey the Property, and that the Properly Is unencumbered, except for encumbrances of record. Borrower covenants that
Borrower warrants and will defend generally the tile to the Property against all clalms and demands, subject to encumbrances of
record.
UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:
1, Payment of Brinclpal and Interest, Borrower shall promptly pay when due the principal and Interest Indebtedness
evidenced by the Note and late charges as provided In the Note,
2, Funds for Taxes and Insurance, Subject to appllcable law or a written waiver by Lender, Borrower shall pay to Lender
on the day monthly payments of principal and interest are payable under the Noto, until the Note is pald in full, a sum (uereln
“Ponds") equal fo one-twelfth of the yearly taxes and assessments (Including condominium nd planned unit development
assessments, If any) which may attaln prlority over this Mortgage and ground renta on the Property, if any, plos one-twelfth of
yeatly premium installments for hazard insurance, plus ons-twelfth of yearly premlum installments for morigage insurance, If any,
all a3 reasonably estimated Inltlally and from time to time by Lender on the basle of assessments and bills and reasonable estimates
thereof, Borrower shall not be obligated to make such payments of Funds to Lender fo the extent that Borrower makes such
payments to the holder of a prior mortgage or deed of trust If such holder{s an Inslltuonal lender.
If Borrower pays Funds to Lender, the Funds shall be held In an institution the deposits or accounts of which are Insured or
guaranteed by a federal or slate agency (lacliding Lender If Lender Is such an institullor), Lender shall apply the Funds to pay sald
taxes, assessments, insurance premfums and ground rents. Lender may not charge for so holding and applying the Punds, analyzing
sald account or verifying and compiling sald assessments and bills, unless Lender pays Borrower Interest on the Funds end
applicable law permits Lender to make such a charge, Borrower and Lender may agree In writing at the time of execution of this
Mortgage that intereston the Funds shall be pald to Borrower, and unless such agreement is made or applicable law requltes such
Interest to be pald, Lender shall not be required to pay Borrower any Interest ot earnings on the Funds, Lender shall give (0
Borrower, without charge, an annual accounting of the Funds showlng credits and deblts to the Funds and the purpose for which
each debit to the Funds was made, The Funds are pledged as additional security for the sums secured by this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due
dates of taxes, assessments, Insurance premiums and ground rents, shall exceed the amount required to pay sald taxes, assessments,
Sosurance premiums and ground rents as they fall due, such excess ahull be, at Borrower'a option, elther promptly repaid to
Borrower or credited to Borrower on monthly installments of Funds, If the amount of the Funds held by Lender shall not be
sufficlent to pay taxes, assessments, Insurance premlums anid ground rents as they fall due, Borrower shall pay to Lender any
amount necessary to make up the deficiency in one or more payments as Lender may require.
Upon payment in full of all mms securedby thls Mortgage, Lender shall promptly refund to Borrower any Punds held by
Lender. If under paragraph 17 hereof the Property 4s sold or the Property is otherwlso acquired by Lender, Lender stall apply, no
Aster than isnmedlately prlor to the sale of the Property or its aequiallon by Lender, any Punds held by Lender at the tme of
applicationas a credit agalnst the sums secured by this Mortgage.
43. Application of Payments, Unless applicable law provides otherwise, all payments recelved by Lender under the Note and
paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph
hereof, thento interest payable on the Note, and then to the principal of tho Note,
4, Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any
mortgage, deed of trust or other security agreement with a lien which has priorlty over this Mortgage, Including Borrower's
covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and
{mpositlons atiribulable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, If
any.
5, Hazard Insurance, Borrower shall keep the improvements now existing or hereaRer erected on the Property insured
against loss by fire, hazarda Included within the term "extended coverage,” and such other hazards as Lender may require
and in
such amounts abd for such periods as Lender:
‘The insurance carrler providing the Insurance shall be chosen by Borrower subject to approval by Lender; provided, that suctt
approval shalf not be unreatonably withheld, Alt insurance policles and renewals thereof shall be in a form acceptable (o Lender
and shall include @ standard mortgage clause in favor of and in a form acceptabte to Lender, Lender shall have the right to hold the
policies and renewals thereof, subject to the temas of any mortgage, deed of trust or other security agreement with a ilea which has
prlority over thls Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of lose If
‘not made promptly by Borrower.
If the Property Is abandoned by Borrower, or If Borrower fails to respond to Lender within 30 days from the date notice is
mailed by Lender to Borrower that the insurance carrler offers to settle a claim for Insurance benefits, Lender Is authorized to
collect and apply the insurance proceeds at Lender’s option elther o restorationar sepatr of the Property or fo tho sums secured by
this Mortgage.
EQ TUNEFL) x09 Peano
BK: 2006 PG: 1672
a
6, Preservation and Maintenance of Property; Leaseholds; Condominiums; Pianned Unit Developments, Borrower
shall keep the Property
in good repalr and shall not commit waste or impairment or deterboratton of the Property and shall
comply with the provisions of any Icasc if this Mortgage is on a Icaschold. If this Mortgage is on a unlt ina condominium or a
planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
governing the condominium or planned ualt development, the by-laws and regulations of the condominium or planned unit
development, and constituent documents,
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contalned in thls Mortgage,
or If any acthon or proceeding 4s commenced which materially affecta Lender's Interest in the Property, then Lender, at Lender's
option, upon notice to Borrower, may ntake much appearances, dlsburte such sums, Including reasonable altornaya' fees, and take
auch action as ls necessary to protect Lender's inierest. If Lender required morlgage insurance as a condition of making the loan
secured by this Morigage, Borzower shall pay the premiums required to malnialn such tnurance in effect unlit such Une ag the
requirement for guch Insurance ter! accordance with Borrower's and Lender's wrillea agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rats, shall become additional
Indebtedness of Borrower secured by this Morigage. Unless Borrower and Lender agree to other terms of payment, such amounts
aball be payable upon notice fiom Lender ta Borrower requestlng payment thereof, Nothing contalned in thls paragraph 7 shall
require Lender ta incur any expeno or take any actlon hereunder,
8. Inspectlon, Lender may make or causo to be made reasonable entries upon and Inspections of the Property, provided that
Lender shall give Borrower nntice prior to any such inspection specifying reasonable cause therefor related to Lender's Interest in
the Property.
. Condemnation, The proceeds of any award or claim for damages, direct ot consequential, in connection with any
condemnation or other taking of the Property, or part thereof, ar for conveyance in lien of condernnation, are hereby assigned aud
shall be paid to Lender, evbjnt to he terms of any roxtgng, dnd of ist or ober sen agreomen! wil sen which has
priority over this Mortgage.
10, Borrower Not Released; Forbearance By Lender Not a Walver. Extension of the dime for payment or modification of
amortization
of the sums secured
by this Morigage granted
by Lender to any sucesssor
in inlerest of Borrower shall not operateto
ieee nay manner, the lability of the original Borrower and Borrower's successors in interest. Lender shall no! be required to
release,
agalnst such successor or refuse to extend tme for payment or otherwhse amortization of the suns
feouedby is Mortgage by reason of soy demand made by Ue eriina Borrower and Borrower's svessors In ners, Any
forbearance
by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a walver
of or prechile the exerelse of any such right or remedy.
Hi, Successors and Assigns Bound; Joint and Several Liabliity; Co-signers. The covenants and agreements herein
contained shall bind, and the rights hereunder shall Inure to, the respective successors and assigns of Lender and Borrower, subject
to the provisions of paragraph. 16 hereof. All covenants and agreements of Borcower shall be jolat and several, Any Borrower who
co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that
Borrower’s interest in the Property to Lender under the terms of thls Mortgage, (t) is not personally Hable on the Note or under
this Mortgage, and (c) agrecs that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any
other accommodations wlth regard to the terms of thls Mortgage or the Note without that Borrower's consent and without releasing
that Borrower or modifying this Mortgageas to that Borrower's Interest In the Property.
12, Notice, Bxcept for any notice required under applicable aw to be given in another manner, (@) aay notice to Borrower
provided for in thls Mortgage shall be given by delivering Jt or by malting such notice by cemifted mall addressed to Borrower at
tbe ty Address or at such ober address as Borrower may desigate by notice to Lender as provided herein, and (b) any
Tetice to Lender shall be given by certified mail to Lender's address stated herein or to such other address aa Lender may designate
by notice to Borrower as provided herein. Any notice provided for in this Morigage shall be deemed fo have been given to
Borrower or Lender when given in the manner designated herein.
13, Governing Law; Severablily, ‘The stats and local lewe applicable to thls Mortgage shall be the laws of the jurisdiclon In
‘which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the event
that any provision or clause of this Mortgage or tho Note conflicts with applicable law, euch conflict shall not affect other
provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions
of this Mortgage and the Note are declared to be severable. Ag used hereln, “costs,” “expenses” and “attorneys' fees” include all
‘sums to the extent not prohibited by applicable law or Jimled herein,
14, Borrower’s Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of
execution or after recordation hereof,
15, Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation,
improvement, repair, or ouher loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require
Borrower 0 execute and deliver to Lender, in a form accepiable to Lender, an assignment of any rights, clalins or defenses which
Borrower may have agalast partles who supply labor, materials or services in connection with Improvements made to the Property,
16. Transfer of the Property or 8 Beneficlal Interest In Borrower. If aif or any part of the Property or any interest in il is
sold or transferred (or Lf a beneficial Interest in Borrower is sold or transferred and Borrower Je not a natural person) without
Lender's prior written consent, Lender may, at {ls option, require immediate payntent In full of all sums secured by this Morigage.
However, this optton shalt not be exercised by Lender if exercise is prohibited by federal lawas of the date of this Mortgage,
ER
BTML) 209 Papeete pe Form aat0
BK: 2006 PG: 1673
a
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a perlod of not less
than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If
Borrower falls to pay these sums prior to the explrailon of this perlod, Lender may Invoke any remedies permitted by this
Morigage without further notice or demand on Borrower,
NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agteo as follows:
17. Acceleration; Remedles. Except as provided In paragraph 16 hereof, upon Borrower's breach of any covenant or
agreement of Borrower In this Mortgage, including the covenants to pay when due any sums secured by thls Mortgage,
Lander prior to acceleration shall glve notice (o Borrower as provided In paragraph 12 hereof specifying: (1) the breach;
2) the actlon required to cure such breach; (3) a date, not tess than 10 days from the date the notice Is mallad to Borrawer,
by which such breach must he cured; and (4) that falture to cure such breach on or before the date specified In the notlee
may result In acceleration of the sume secured by thly Mortgage, foreclosure by Judicial proceeding, and sale of the
Property, The notice shall further Inform Borrower of the right fo relnstate after acceleration and the right to assert in the
foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleratlon and foreclosure. It the
breach Is not cured on or before the date specified In the notice, Lender, at Lender’s option, may declare all of the sums
secured by this Morigage to be Immediately due and payable without further demand and may foreclose this Mortgage by
Judlclal proceeding. Lender shall be entitled to collect tn such proceeding all expenses of foreclosure, including, hut not
limited to, reasonable attorneys" fees, court costs, and costs of documentary evidence, abstracts and fille reports.
18, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by (his Mortgage due to
Borrower's breach, Borrower shall have the right to have any proceedings begun by Leader to enforce this Mortgage discontimed
at any tims prior to entry of a Judgment enforcing ibis Mortgage if: (2) Borrower pays Lender ail sums whlch would be then due
under thls Mortgage and the Note had no acceleration ocearced; (0) Borrower cures all breaches of any other covenanis or
agreements of Borrower contained in this Morigage; (c) Borrower pays ail reasonable expenses incurred by Lender In enforcing the
covenants and agreenients of Borrower contalned fn this Mortgage,and in enforcing Lender’s remedies ax provided in paragraph
17 hereof, Including, but not limited (0, reasonable attorneys’ fees and court costs; and (d) Borrower takes such notton a8 Lender
may ceasonably require fo assure thal the Hen of this Mortgage, Lender's intereat in the Property and Borrower's obligation fo pay
the sums seaured by this Mortgage shall continue uaimpalted. Upon such payment and cure by Borrower, this Mortgage and the
obligations secured hereby shall remainin full force and effectas if no acceleration
had occurred.
19. Assignment of Rents; Appointment of Recelver, As additional securlty hereunder, Borrower hereby assigns to Lender
the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the
Property, have the right (o collect and relain such reais as they become due and payable.
‘Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender shall be entitled to have a recelver
appulnted by @ court to enter upon, take possesslon of and manage the Property and 10 collect the renla of ths Property including
those past due, All rents collected by the recelyer shall be applied first to payment of the costs of management of the Property and
collection of renla, Juciuding, but not lraited to, recelver's fees, premhuns on recelver's bonds and reasonable altorneys’ fees, and
then to the sums secured by this Mortgage, The recelver shall be lable to account only for those rents actually received.
20, Release, Upon payment of all sums secured by this Morigago, Lender shall release this Mortgage without charge to
Borrower, Borrower ahalt pay all costs of recordatlon, if any.
21, Attorneys’ Fees. As used in this Mortgage and in the Note, “allorneys” fees* shall include attorneys’ fees, if any, which
maybe awarded by an appellate court.
BYTOM) (0209 Poor ste
BK: 2006 Pa: 1674
a
REQUEST YOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR,
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any morlgage, deed of tcust or other encumbrance with a lien which has prtocity
‘over thls Mortgage 40 give Notice to Lender, at Lender's address set orth on pago one of this Mortgage, of any default under tho
superior encumbrance and of any sale or other foreclosure action,
IN WITNESS WHBREOF, Borrower has executed this Morigage.
NOTICE TO BORROWER.
‘Do not sign thls Mortgage
1 it contains blank spacea. All spices should be completed before you sign.
Si; sealed and deli in the presenceof:
4 ‘
LawfyeH. Brown 7
AAddress)
Dobe
Sabrin
ZL eda Kodace prop oat (Seal)
a L. Blaok KEDNIE PROPRETE: V Borrower
(Address)
Lx
Seal) (Seal)
‘Borrower ERIC PROPHETE
(Addrees)
(Seal) (Seal)
Borrower Borrower
(Addie) (Address)
Borrower (Seal)
Borrower
Address)
ign Orightal Only)
STATE OF FLORIDA,
At. cee County ssi
The foregolng Instrument was acknowledged before me this 7/78 [pool by
Dieul ifort 7Bien - Hime Arete
Kedvie Peep hete + Evic Rophete
Sy
sho fa personally wee produced Dy. License. as identification.
{at pen, ¥28; der 0
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ecowet”
Hon g7464 Notary Pubile Oz df
Lawean- A ™.
BY;7ONEL) 209 ME Page gots Form asta
TRINITY FIMARICIAL SERVICTS, TEC.
8/5/2022
Dieulifort Bien Aime
8416 104Th Avenue
Vero Beach, Fl 32967
Account: iii?
Dear Dieulifort Bien Aime,
You are authorized to use the following amounts to payoff the above-mentioned Joan. All necessary legal
documents will be forwarded to the trustee for Full Reconveyance upon receipt of payment in full.
Payoff Date 8/22/2022)
Maturity Date 3/1/2036)
Next Payment Due 2/1/2009
Interest Rate 10,625%
Interest Paid-To Date 1/1/2008
Principal Balance
Preview
Filing # 155465256 E-Filed 08/16/2022 05:49:33 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY FLORIDA TRINITY FINANCIAL SERVICES, LLC, CIRCUIT CIVIL DIVISION Plaintiff, ¥. CASE NO.: 2021-CA-000611 DIBULIFORT BIEN-AIME, e/ al., Defendants NOTICE OF FILING PLEASE TAKE NOTICE that the Plaintiff, TRINITY FINANCIAL SERVICES, LLC, has filed herewith. . CERTIFICATION OF BUSINESS RECORDS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by Electronic Mail pursuant to Rule 2.516. Fla. R. Jud. Admin. And /or by U.S. Mail to any other parties in accordance with the attached service list this 16th day of AUGUST 2022: Dieulifort Bien-Aime 8416 104th Avenue Vero Beach, FL 32967 Kednie Prophete 8416 104th Avenue Vero Beach, FL 32967 Eric Prophete 8416 104th Avenue Vero Beach, FL 32967 HOWARD LAW GROUP 4755 Technology Way, Suite 104 Boca Raton, FL 33431 Telephone: (954) 893-7874 Service eMail: Pleadings@HowardLaw.com By s, CE. Meewias Anya I, Macias, Esq. Florida Bar No,; 048600 E-Mail: Anya@HowardLaw.com IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY FLORIDA TRINITY FINANCIAL SERVICES, LLC, CIRCUIT CIVIL DIVISION Plaintiff, ¥. CASE NO,; 2021-CA-000611 DIEULIF ‘ORT BIEN-AIME, ev al., Defendants CERTIFICATION OF BUSINESS RECORDS STATE OF Florida COUNTY OF Palm Beach BEFORE me, personally appeared Don A. Madden, III who, being of lawful age and after being first duly sworn, deposes, and says: Lam _ President of TRINITY FINANCIAL, LLC, the servicing agent for the Plaintiff, TRINITY FINANCIAL SERVICES, LLC, in this action, In the capacity, I have personal knowledge of the facts and matters stated herein, and | am authorized to execute this Affidavit on behalf of PLAINTIFF. The information contained in this affidavit is contained in the original books and records maintained by TRINITY FINANCIAL, LLC, and the records referenced or summarized herein constitute records or data compilations (“the records”) of transactions (“the Transactions”) relating to the servicing of the mortgage loan at issue in this foreclosure action. The records were made at or near the indicated time based on information transmitted by, or from a person with knowledge of the Transactions. The records are kept in the course of TRINITY FINANCIAL, LLC regularly conducted business activity, In the course of my regular job duties | have access to and am familiar with these records, and I reviewed and relied upon these records in executing this Affidavit. True and correct copies of records I have reviewed and relied upon in executing this Affidavit are attached to this Affidavit and incorporated herein, According to the records, prior to the filing of the Complaint, the Plaintiff was the designated holder of the note, or otherwise authorized to enforce, the promissory note and mortgage upon which this foreclosure action is base, A true and correct copy of the original note is attached hereto. According to the records, the borrower(s) have defaulted pursuant to the terms of the promissory note and mortgage sued upon, by failing to tender the Plaintiff the required payments when due, The borrower(s) were sent a notice of default. A copy of this letter and any proof of mailing same is/are attached hereto. The default has not been cured and the Plaintiff has elected, in accordance with the terms of the note and mortgage, to accelerate the payment of the entire principal sum, together with accrued interest. A true and correct copy of the borrower’s payment history is attached hereto, 10. A true and correct copy of the business records showing the amounts due and owing is attached hereto. Affiant Signature: > [tee laa Print Name; Bon A, Madden, I _Titles* President The foregoing instrument was sworn to and subscribed before me this ia day of August , 2022, by_Don A. Madden, I » who is personally known to me. Zé 6 dy My [ NOTARY PUBLIC, State of | 10Li My commission expires: Ged mh olan Pubiic State of Fiorida asley Feinsllver ‘ommission Het a Exp, 11/30/2026 e ma February 26 , 2006 NOTE, ST LUCIE FLORIDA Date Oy State 8416 104TH AVENUE, VERQ BEACH, FLORIDA 32967 Property Address 1, BORROWER'S PROMISE TO PAY In return for a loan that I have recelved, I promise to pay U.S. $ 44,760.00 {his ainount will-be called “‘pHlincipal”), plus interest, to the order of the Lender. ‘The Lender is LEHMAN BROTHERS BANK, FSB , A FEDERAL SAVINGS BANK . Lunderstand that the Lender may transfer this Noié. The Lender or artyone who fakeg this Note by transfet and who Is entitled to receive payaients under this Note will be called : the ‘Note Holder.” 2. INTEREST ‘Twill pay Interest at a yearly rate of %. Interest will b¢.charged on unpaid principal usiti 1 etal amount of principal has been patd. 3, PAYMENTS [will pay principal and interestby itiaking payments each nionth of U.S. $ 413.63 ‘ Lwill make ny payments on the first day. of each month beginning on April I will make these'paymenis every. month until T have paid all of the ‘principal and interest.and any other charges, dewhbed betow,. that I inay owe under this Note-If,on March 1, 20 > L still 6we amounts under this Note, J will pay all those amounts, in full, o abt date. Twill stiake my:monthly payments al4o9 PROFESSIONAL DRIVE; SUITE 500. GAITHERSBURG, MD 20879 of at a different place if tequired by the Note Holder. . 4. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received ihe-full aniountof dny of sny monthly payments by the end of 45 ealendat days after the date it Is due, I will pay a late charge to the Note Holder. The amount of the charge will be % of my overdue payment, but not less than U:S. $ 20.69 and not. more than 5.00 GS. $ . » Twill pay this laje charge only once on any late payment, (®) Notice from Note Holder Tf 1 do not pay the fall amount of each monthly payment on time, the Note Holder:may send mé a-written nolice telling me that {£1 do ‘not. pay the overdue amount by a ceftain date 1 will be in default. That date must:be at least 10 days after-the date on. which the notice ig mailed fo me. or, if it is not mailed, 10 days after the date on which it is delivered to me. (€) Default If I do not pay the. overdue amiount. by the date stated in the notice described in (B) above, I will be.in default. Jf Tam in default, the. Note Holder may require me to pay immediately. the full amount of principal which has not been. paid and all the interest that] owe oni that Amount, Byett if, at a time when’ 4m in default, the Note Holder doesnot require me to pay immediately ‘in full as desctibed above, the Note Holder will still have the right to do so if] adm-in default at a later time. FLORIDA - SECOND. MORTGAGE: « 1/80'- FNMAIFHLMG UNIFORM INSTRUMENT - a Form 4910 D_7HIFL) 000 Amended 10/98 \VMP MORTGAGE FORMS - (800)621-7281 Page told totes Px EXHIBIT oA" . ® ‘()'Payment of Note Holder’s Costs and Expenses ora 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 for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 5, THIS NOTE SECURED BY A MORTGAGE In __ addition to {he protections gl to the Note VER Holder under this Note, a Mortgage, dated February 28, + Protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Mortgage describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Note, 6. BORROWER'S PAYMENTS BEFORE THEY ARE DUE Thave the right to make payments of princi at any time before they are due. A payment of principal only 1s known as a “prepayment.’* When I make a prepayment, I will tell the Note Holder in a letter that I am doing so. A prepayment of all of the unpaid principal is known as a ‘‘full prepayment.’’ A prepayment of only part of the unpaid principal is known as a “‘partial prepayment.” I may make a full prepayment or a‘partial prepaythent without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no delays in the due dates or changes in the amounts of my monthly payments unless the Note Holder agrees in writing to those delays or changes. | may make a full prepayment at any {ime. If I choose to make a partial prepayment, the Note Holder may require me to make the prepayment on the same day that one of my monthly payments is due, ie Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 7, BORROWER’S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as ‘‘presentment’’); (B) to give notice that amounts due have not been id (known as “notice of dishonor’’); (C) to obtain an official certification of nonpayment (known as a ‘‘protest"’), Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if J fail to keep my promises under this Note, or who signs this Note to transfer {t to someone else also waives these rights. These persons are knownas “guarantors, suretles and endorsers,’’ 8. GIVING OF NOTICES Any notice that must be-glven to me under this Note will be given by delivering it or by mailing it by certified mall addressed to me at the Property Address above. A notice will be delivered or malled to me 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 malling it by certifled mail to the Note Holder at the address stated In Section 3 above. A notice will be malled to the Note Holder at a different address {f I am given a notice of that different address. 9, RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us Is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 7 above) Is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us 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. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Noie. Any person who takes over the rights or obligatlons of a guarantor, surety, or endorser of this Note (as described in Section ‘7 above) is also obligated to keep all of the promises made in this Note. 10. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the Mortgage securing thls indebtedness. foitale: ab. ED;THIFL) 0300, Page 20f2 Form 3910 e NOTICE TO BORROWER om” Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign. ‘ . eal) (Seal) EULT: a STmN-AIME Borrower Borrower eal) (Seal) Borrower Borrower (Seal) Gea) -Borrower Borrower (Seal) eal) Borrower Borrower [Sign Original ond} QD; TFL) 0200 Page 3ol3 Form 3910 ” AN3dISSud 3; OIA HO INAS T13M73 * 3 3SSINaG BF. “AG “ON! SBNITION sus —Seateanonuin OWg NYWMET is YNOOSY Ln OHLLIM, SO HRCQUO SHI OL AVd O71 ‘sz9o1Auas WI ONYNIS ALINESL AN3cisaud 301A DROS ‘M HOI 1 tag 884 YNV@ SHYSHLOWG NVWMST ASuNOOSY LNOHLI ‘ONT SONICIOH SHAHLONS NVINMST SO H3QHO 3HL OL AVd 1734969 RECORDED IN 'THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2006 pG: 1670; 63/14/2006 12:59 BM DOG STAMPS MTG $156.80 INT TAX $89,562 O5-[eog- Anchor Land Title, inc, ito BW Port 81. Lucte Bivd, Part St. Lucle, FL aqga Return Tor AURORA LOAN SERVICKS, LLC 603, Bth Ava, PO Box 4000 Sdotteblutk, NE 69363 ‘Thig instnusont was prepared by; CXNTHIA JOY ROLAN 400 PROVESSIONAL DRIVE, SUITE 100 GALTHERSBURG, MD 20879 MORTGAGE THIS MORTGAGE js made this 28 of Febyuaxy 2008 s between th Morigagor, DIEULIFORT ‘BIEN-AIMB , A SINGLE AD Lt. AN XEPNIE PROPHETE, JOINED BY HER HUSBAND ERIC PROPHETE 1 Whose adress tg 416 104TH AVENUE VERO BEACH, PLORIDA 92567 (hereln "Borrower"), and the Mortgagee, Mortgage Blectronlo’ Registration Systems, Isic, (TMERS"), (olely as aominee for Lender, as herelnafter defined, and Lenders successors and assigns). MBRS Js organized-and existing under the laws of Delaware, and has an address and felephone-number of P.O: Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS, ‘USHMAN BROTHERS BANK, ¥88, A FEDERAL: SAVINGS BANK ‘CLender*) is organized and ening urider the hws of UNETED STATES wand has an addressof 00 PROFESSIONAL DRIVE, SUITE 590, GAITHERSHURG, MD 20679 ‘WHEREAS, Borrower Js indebied to Lender in the principal sym of U:S. 44,760.00 whieh indebtedness is évideficed by Borrower's itote dated Vebrusry 28, 2006 and extenstons and renewals thereof (herein "Noie*), providing for monthly installments of principal and Inferedt, wlth the balance. ofthe Indebledness, If not sooner pald, duc aud payable on. oh 1, 203 ‘TO SECURE to Lender the repayment of the indebtedoess evidenced by-the Note, ‘with, ‘nerest ahereon; thé payment of all other suins, with interest thereon, advarictd tn accoidénce herewith {o protect the security cof this Mortgage; and the perfoomance of the covenants and agreenionts of Bortower herelf contatnéd, Borrower does hereby inor(gage, grant and convey to MERS ‘Golely as nominee for Lender and Lender's successors and agsigvis) and (a the successors and assigns of MERS, tho following described property located in the County of Tndian River + State of Florida: Ad] that txpot or parcel Gf land as shown on Schedule "A" attached haieto which dg incorporated herein tind inade a part. hereof. Lot 25, in Block D, VERO LAKE ESTATES, UNLT 0, accotding to the Plat thereat, as recorded in Plat: Book 6, at Page 22, of the Public Records of Indian River County, Ploridas which has the address ‘8426 104% AVENUE [steget , VERO BEACH (chy, Plorida 32967 [24 Code} flierein "Propeity Addréss"); [FLonipa SECOND MORTGAGE - 160 - RIMMING OMFORI OTHUNENT vari weno | . E P Pape ate Form 3819. Bp VoHKel): gas, ‘Yup oRtORO FORD font tens, AB ‘Apmbided 2701 EXHIBIT” i BK! 2006 PG: 1671 a ‘TOGETHER with all the Improvements now or hereafter erected on the property, and all easements, rights, appurtenances and renis, all of whlch shall be deemed to be and remain a part of the property covered by this Mortgago; and all of the foregoing, together with sald property (or the leasehold estate Ifthla Mortgage is on a leasehold) are hereinafter referred to as the “Property.” Borrower understands and agrecs that MERS holds only legal title to the Interests granted by Borrower in this Mortgage; but, if necessary to comply with law or custom, MBRS, (as nonilnee for Lender and Lender’s successoré and assigns), has the right: to exercise any or all of those interests, including, but not Iimlted to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Morigage, Borrower covenants that Borrower Is lawfully selsed of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Properly Is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the tile to the Property against all clalms and demands, subject to encumbrances of record. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1, Payment of Brinclpal and Interest, Borrower shall promptly pay when due the principal and Interest Indebtedness evidenced by the Note and late charges as provided In the Note, 2, Funds for Taxes and Insurance, Subject to appllcable law or a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Noto, until the Note is pald in full, a sum (uereln “Ponds") equal fo one-twelfth of the yearly taxes and assessments (Including condominium nd planned unit development assessments, If any) which may attaln prlority over this Mortgage and ground renta on the Property, if any, plos one-twelfth of yeatly premium installments for hazard insurance, plus ons-twelfth of yearly premlum installments for morigage insurance, If any, all a3 reasonably estimated Inltlally and from time to time by Lender on the basle of assessments and bills and reasonable estimates thereof, Borrower shall not be obligated to make such payments of Funds to Lender fo the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust If such holder{s an Inslltuonal lender. If Borrower pays Funds to Lender, the Funds shall be held In an institution the deposits or accounts of which are Insured or guaranteed by a federal or slate agency (lacliding Lender If Lender Is such an institullor), Lender shall apply the Funds to pay sald taxes, assessments, insurance premfums and ground rents. Lender may not charge for so holding and applying the Punds, analyzing sald account or verifying and compiling sald assessments and bills, unless Lender pays Borrower Interest on the Funds end applicable law permits Lender to make such a charge, Borrower and Lender may agree In writing at the time of execution of this Mortgage that intereston the Funds shall be pald to Borrower, and unless such agreement is made or applicable law requltes such Interest to be pald, Lender shall not be required to pay Borrower any Interest ot earnings on the Funds, Lender shall give (0 Borrower, without charge, an annual accounting of the Funds showlng credits and deblts to the Funds and the purpose for which each debit to the Funds was made, The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, Insurance premiums and ground rents, shall exceed the amount required to pay sald taxes, assessments, Sosurance premiums and ground rents as they fall due, such excess ahull be, at Borrower'a option, elther promptly repaid to Borrower or credited to Borrower on monthly installments of Funds, If the amount of the Funds held by Lender shall not be sufficlent to pay taxes, assessments, Insurance premlums anid ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all mms securedby thls Mortgage, Lender shall promptly refund to Borrower any Punds held by Lender. If under paragraph 17 hereof the Property 4s sold or the Property is otherwlso acquired by Lender, Lender stall apply, no Aster than isnmedlately prlor to the sale of the Property or its aequiallon by Lender, any Punds held by Lender at the tme of applicationas a credit agalnst the sums secured by this Mortgage. 43. Application of Payments, Unless applicable law provides otherwise, all payments recelved by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph hereof, thento interest payable on the Note, and then to the principal of tho Note, 4, Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priorlty over this Mortgage, Including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and {mpositlons atiribulable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, If any. 5, Hazard Insurance, Borrower shall keep the improvements now existing or hereaRer erected on the Property insured against loss by fire, hazarda Included within the term "extended coverage,” and such other hazards as Lender may require and in such amounts abd for such periods as Lender: ‘The insurance carrler providing the Insurance shall be chosen by Borrower subject to approval by Lender; provided, that suctt approval shalf not be unreatonably withheld, Alt insurance policles and renewals thereof shall be in a form acceptable (o Lender and shall include @ standard mortgage clause in favor of and in a form acceptabte to Lender, Lender shall have the right to hold the policies and renewals thereof, subject to the temas of any mortgage, deed of trust or other security agreement with a ilea which has prlority over thls Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of lose If ‘not made promptly by Borrower. If the Property Is abandoned by Borrower, or If Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrler offers to settle a claim for Insurance benefits, Lender Is authorized to collect and apply the insurance proceeds at Lender’s option elther o restorationar sepatr of the Property or fo tho sums secured by this Mortgage. EQ TUNEFL) x09 Peano BK: 2006 PG: 1672 a 6, Preservation and Maintenance of Property; Leaseholds; Condominiums; Pianned Unit Developments, Borrower shall keep the Property in good repalr and shall not commit waste or impairment or deterboratton of the Property and shall comply with the provisions of any Icasc if this Mortgage is on a Icaschold. If this Mortgage is on a unlt ina condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned ualt development, the by-laws and regulations of the condominium or planned unit development, and constituent documents, 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contalned in thls Mortgage, or If any acthon or proceeding 4s commenced which materially affecta Lender's Interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may ntake much appearances, dlsburte such sums, Including reasonable altornaya' fees, and take auch action as ls necessary to protect Lender's inierest. If Lender required morlgage insurance as a condition of making the loan secured by this Morigage, Borzower shall pay the premiums required to malnialn such tnurance in effect unlit such Une ag the requirement for guch Insurance ter! accordance with Borrower's and Lender's wrillea agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rats, shall become additional Indebtedness of Borrower secured by this Morigage. Unless Borrower and Lender agree to other terms of payment, such amounts aball be payable upon notice fiom Lender ta Borrower requestlng payment thereof, Nothing contalned in thls paragraph 7 shall require Lender ta incur any expeno or take any actlon hereunder, 8. Inspectlon, Lender may make or causo to be made reasonable entries upon and Inspections of the Property, provided that Lender shall give Borrower nntice prior to any such inspection specifying reasonable cause therefor related to Lender's Interest in the Property. . Condemnation, The proceeds of any award or claim for damages, direct ot consequential, in connection with any condemnation or other taking of the Property, or part thereof, ar for conveyance in lien of condernnation, are hereby assigned aud shall be paid to Lender, evbjnt to he terms of any roxtgng, dnd of ist or ober sen agreomen! wil sen which has priority over this Mortgage. 10, Borrower Not Released; Forbearance By Lender Not a Walver. Extension of the dime for payment or modification of amortization of the sums secured by this Morigage granted by Lender to any sucesssor in inlerest of Borrower shall not operateto ieee nay manner, the lability of the original Borrower and Borrower's successors in interest. Lender shall no! be required to release, agalnst such successor or refuse to extend tme for payment or otherwhse amortization of the suns feouedby is Mortgage by reason of soy demand made by Ue eriina Borrower and Borrower's svessors In ners, Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a walver of or prechile the exerelse of any such right or remedy. Hi, Successors and Assigns Bound; Joint and Several Liabliity; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall Inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph. 16 hereof. All covenants and agreements of Borcower shall be jolat and several, Any Borrower who co-signs this Mortgage, but does not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower’s interest in the Property to Lender under the terms of thls Mortgage, (t) is not personally Hable on the Note or under this Mortgage, and (c) agrecs that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations wlth regard to the terms of thls Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgageas to that Borrower's Interest In the Property. 12, Notice, Bxcept for any notice required under applicable aw to be given in another manner, (@) aay notice to Borrower provided for in thls Mortgage shall be given by delivering Jt or by malting such notice by cemifted mall addressed to Borrower at tbe ty Address or at such ober address as Borrower may desigate by notice to Lender as provided herein, and (b) any Tetice to Lender shall be given by certified mail to Lender's address stated herein or to such other address aa Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Morigage shall be deemed fo have been given to Borrower or Lender when given in the manner designated herein. 13, Governing Law; Severablily, ‘The stats and local lewe applicable to thls Mortgage shall be the laws of the jurisdiclon In ‘which the Property is located. The foregoing sentence shall not limit the applicability of federal law to this Mortgage. In the event that any provision or clause of this Mortgage or tho Note conflicts with applicable law, euch conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. Ag used hereln, “costs,” “expenses” and “attorneys' fees” include all ‘sums to the extent not prohibited by applicable law or Jimled herein, 14, Borrower’s Copy. Borrower shall be furnished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof, 15, Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or ouher loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower 0 execute and deliver to Lender, in a form accepiable to Lender, an assignment of any rights, clalins or defenses which Borrower may have agalast partles who supply labor, materials or services in connection with Improvements made to the Property, 16. Transfer of the Property or 8 Beneficlal Interest In Borrower. If aif or any part of the Property or any interest in il is sold or transferred (or Lf a beneficial Interest in Borrower is sold or transferred and Borrower Je not a natural person) without Lender's prior written consent, Lender may, at {ls option, require immediate payntent In full of all sums secured by this Morigage. However, this optton shalt not be exercised by Lender if exercise is prohibited by federal lawas of the date of this Mortgage, ER BTML) 209 Papeete pe Form aat0 BK: 2006 PG: 1673 a If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a perlod of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower falls to pay these sums prior to the explrailon of this perlod, Lender may Invoke any remedies permitted by this Morigage without further notice or demand on Borrower, NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agteo as follows: 17. Acceleration; Remedles. Except as provided In paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower In this Mortgage, including the covenants to pay when due any sums secured by thls Mortgage, Lander prior to acceleration shall glve notice (o Borrower as provided In paragraph 12 hereof specifying: (1) the breach; 2) the actlon required to cure such breach; (3) a date, not tess than 10 days from the date the notice Is mallad to Borrawer, by which such breach must he cured; and (4) that falture to cure such breach on or before the date specified In the notlee may result In acceleration of the sume secured by thly Mortgage, foreclosure by Judicial proceeding, and sale of the Property, The notice shall further Inform Borrower of the right fo relnstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleratlon and foreclosure. It the breach Is not cured on or before the date specified In the notice, Lender, at Lender’s option, may declare all of the sums secured by this Morigage to be Immediately due and payable without further demand and may foreclose this Mortgage by Judlclal proceeding. Lender shall be entitled to collect tn such proceeding all expenses of foreclosure, including, hut not limited to, reasonable attorneys" fees, court costs, and costs of documentary evidence, abstracts and fille reports. 18, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by (his Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Leader to enforce this Mortgage discontimed at any tims prior to entry of a Judgment enforcing ibis Mortgage if: (2) Borrower pays Lender ail sums whlch would be then due under thls Mortgage and the Note had no acceleration ocearced; (0) Borrower cures all breaches of any other covenanis or agreements of Borrower contained in this Morigage; (c) Borrower pays ail reasonable expenses incurred by Lender In enforcing the covenants and agreenients of Borrower contalned fn this Mortgage,and in enforcing Lender’s remedies ax provided in paragraph 17 hereof, Including, but not limited (0, reasonable attorneys’ fees and court costs; and (d) Borrower takes such notton a8 Lender may ceasonably require fo assure thal the Hen of this Mortgage, Lender's intereat in the Property and Borrower's obligation fo pay the sums seaured by this Mortgage shall continue uaimpalted. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remainin full force and effectas if no acceleration had occurred. 19. Assignment of Rents; Appointment of Recelver, As additional securlty hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right (o collect and relain such reais as they become due and payable. ‘Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender shall be entitled to have a recelver appulnted by @ court to enter upon, take possesslon of and manage the Property and 10 collect the renla of ths Property including those past due, All rents collected by the recelyer shall be applied first to payment of the costs of management of the Property and collection of renla, Juciuding, but not lraited to, recelver's fees, premhuns on recelver's bonds and reasonable altorneys’ fees, and then to the sums secured by this Mortgage, The recelver shall be lable to account only for those rents actually received. 20, Release, Upon payment of all sums secured by this Morigago, Lender shall release this Mortgage without charge to Borrower, Borrower ahalt pay all costs of recordatlon, if any. 21, Attorneys’ Fees. As used in this Mortgage and in the Note, “allorneys” fees* shall include attorneys’ fees, if any, which maybe awarded by an appellate court. BYTOM) (0209 Poor ste BK: 2006 Pa: 1674 a REQUEST YOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR, MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any morlgage, deed of tcust or other encumbrance with a lien which has prtocity ‘over thls Mortgage 40 give Notice to Lender, at Lender's address set orth on pago one of this Mortgage, of any default under tho superior encumbrance and of any sale or other foreclosure action, IN WITNESS WHBREOF, Borrower has executed this Morigage. NOTICE TO BORROWER. ‘Do not sign thls Mortgage 1 it contains blank spacea. All spices should be completed before you sign. Si; sealed and deli in the presenceof: 4 ‘ LawfyeH. Brown 7 AAddress) Dobe Sabrin ZL eda Kodace prop oat (Seal) a L. Blaok KEDNIE PROPRETE: V Borrower (Address) Lx Seal) (Seal) ‘Borrower ERIC PROPHETE (Addrees) (Seal) (Seal) Borrower Borrower (Addie) (Address) Borrower (Seal) Borrower Address) ign Orightal Only) STATE OF FLORIDA, At. cee County ssi The foregolng Instrument was acknowledged before me this 7/78 [pool by Dieul ifort 7Bien - Hime Arete Kedvie Peep hete + Evic Rophete Sy sho fa personally wee produced Dy. License. as identification. {at pen, ¥28; der 0 fs tee ie ecowet” Hon g7464 Notary Pubile Oz df Lawean- A ™. BY;7ONEL) 209 ME Page gots Form asta TRINITY FIMARICIAL SERVICTS, TEC. 8/5/2022 Dieulifort Bien Aime 8416 104Th Avenue Vero Beach, Fl 32967 Account: iii? Dear Dieulifort Bien Aime, You are authorized to use the following amounts to payoff the above-mentioned Joan. All necessary legal documents will be forwarded to the trustee for Full Reconveyance upon receipt of payment in full. Payoff Date 8/22/2022) Maturity Date 3/1/2036) Next Payment Due 2/1/2009 Interest Rate 10,625% Interest Paid-To Date 1/1/2008 Principal Balance