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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 2021 CA 000611 , ,
TRINITY FINANCIAL SERVICES, LLC,
Plaintiff,
vs. |
) DIEULIFORT BIEN-AIME AND KEDNIE PROPHETE, et al.
a
| Defendent(s)
- NOTICE OF FILING
| On this (A day of Pprit 2022, Plaintiff, by and through its undersigned
attorney herebyfiles:
e Original Note
; ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
- Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
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cgehes
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By: ny
NLSjinu_alia) —_
RY Christopher Earle, Esquire
Florida Bar No. 1008280
cee 6 CE UAE Communication Email: cearle@raslg.com
ge Res TiffanieAshley FeuerWaldman
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Lane 8
Fiorida Bar No: 86891
1 .
UIA T TAA
21-061799 - AsL
WIAA WUTTNATAN
| SERVICE LIST
DIEULIFORT BIEN-AIME
8416 104TH AVENUE
VERO BEACH, FL 32967
KEDNIE PROPHETE
8416 104TH AVENUE
VERO BEACH, FL 32967
_ UNKNOWN SPOUSE OF DIEULIFORT BIEN-AIME
8416 104TH AVENUE
VERO BEACH, FL 32967
ERIC PROPHETE |
8416 104TH AVENUE
VERO BEACH, FL 32967
; PAGE 2
21-061799 - AsL
ey on fm, 100025440003039580
0037594348
February 28 , 2006 ST LUCIE FLORIDA
: Date City State
8416 104TH AVENUE, VERO BEACH, FLORIDA 32967
Property Address
1. BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 44,760.00 (this amount will be called
“‘principal’’), plus interest, to the order of the Lender. The Lender is
LEHMAN BROTHERS BANK, FSB , A FEDERAL SAVINGS BANK
. I 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 will be called
the ‘“Note Holder.”’
2. INTEREST
I will pay interest at a yearly rate of 10.625 %. . -
Interest will be charged on unpaid principal until the full amount of principal has been paid.
3. PAYMENTS
I will pay principal and interest by making payments each month of U.S.$ 413.63 .
I will make my payments on the . first day of each month beginning on April ;
2006 . I will make these payments every month until I have paid all of the principal and interest and any other charges,
described below, that I may owe under this Note. If,on march 1, 2036 ;
I still owe amounts under this Note, I will pay all those amounts, in full, on that date.
I will make my monthly payments ata99 PROFESSIONAL DRIVE, SUITE 500
GAITHERSBURG, MD 20879 or at a different place if required 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 the full amount of any of my monthly payments by theendof 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
5.00 % of my overdue payment, but not less than U.S. $ 20.69 and not more than
U.S. $ 20.69 . I will pay this late charge only once on any late payment.
(B) Notice from Note Holder
IfI do not pay the full amount of each monthly payment on time, the Note Holder may send me a written notice telling me
that if I do not pay the overdue amount by a certain date I will be in default. That date must be at least 10 days after the date on
which the notice is mailed to me or, if it is not mailed, 10 days after the date on which it is delivered to me.
(C) Default .
If I do not pay the overdue amount by the date stated in the notice described in (B) above, I will be in default. If J am 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 I owe on that amount.
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.
FLORIDA - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT
Form 3910 : :
VMP MORTGAGE FORMS- (800)521-7291 .
Page 1 of 3 Initials: » Ps
~ Ls o (™\ 100025440003039580
0037594348
‘():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 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 the protections given to the Note Holder under this Note, a Mortgage, dated
February 28, 2006 , protects the Note Holder from possible losses which might result ifIdo 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
I 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, 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 prepayment 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. I may make a full prepayment at any time. 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. The 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
- [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 paid (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 I fail to keep my promises under this Note, or who signs this Note to
transfer it to someone else also waives these rights. These persons are known as ‘‘guarantors, sureties and endorsers.”’
8. GIVING OF NOTICES
Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed
to me at the Property Address above. A notice will be delivered or mailed 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 mailing it by certified mail to the Note
Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address ifI 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 Note. Any
person who takes over the rights or obligations 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 this indebtedness. ,
Initlals: ab
p-75(FL) (0303) Page 2of 8 Form 3910
wi* o~ fm, 1.00025440003039580
[
0037594348
"yt NOTICE TO BORROWER
Do not sign this Note if it contains blank spaces.
All spaces should be completed before you sign.
x . rc
A Ss ~ ° (Seal) Sel)
IEULIFORT BIEN-AIME -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
Saal) eS all)
~Borrower ~Borrower
Seal) oO eal)
; ~Borrower -Borrower
. [Sign Original Only]
CZD-75(FL) (0203) Page 8 of 8 Form 3910
PAY TO THE ORDER OF
. LEHMAN BROTHERS HOLDINGS INC.
WITHOUT RECOURSE
. LEHMAN BROTHERS BANK, FSB
RICKW. bs
BY: )
VICE PRESIDENT
TRINITY FINANCIAL SERVICES, LLC
PAY TO THE ORDER OF
WITHOUT RECOURSE |
LERMAN BROTHERS HOLDINGS IN.
BY: DENISE
ee E. ELWELL
SENIOR VICE PRESIDENT
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IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2021 CA 000611 , , TRINITY FINANCIAL SERVICES, LLC, Plaintiff, vs. | ) DIEULIFORT BIEN-AIME AND KEDNIE PROPHETE, et al. a | Defendent(s) - NOTICE OF FILING | On this (A day of Pprit 2022, Plaintiff, by and through its undersigned attorney herebyfiles: e Original Note ; ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 - Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com ae cgehes aEs ax oo: ESE By: ny NLSjinu_alia) —_ RY Christopher Earle, Esquire Florida Bar No. 1008280 cee 6 CE UAE Communication Email: cearle@raslg.com ge Res TiffanieAshley FeuerWaldman “ee fe eee gt = He Lane 8 Fiorida Bar No: 86891 1 . UIA T TAA 21-061799 - AsL WIAA WUTTNATAN | SERVICE LIST DIEULIFORT BIEN-AIME 8416 104TH AVENUE VERO BEACH, FL 32967 KEDNIE PROPHETE 8416 104TH AVENUE VERO BEACH, FL 32967 _ UNKNOWN SPOUSE OF DIEULIFORT BIEN-AIME 8416 104TH AVENUE VERO BEACH, FL 32967 ERIC PROPHETE | 8416 104TH AVENUE VERO BEACH, FL 32967 ; PAGE 2 21-061799 - AsL ey on fm, 100025440003039580 0037594348 February 28 , 2006 ST LUCIE FLORIDA : Date City State 8416 104TH AVENUE, VERO BEACH, FLORIDA 32967 Property Address 1. BORROWER’S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 44,760.00 (this amount will be called “‘principal’’), plus interest, to the order of the Lender. The Lender is LEHMAN BROTHERS BANK, FSB , A FEDERAL SAVINGS BANK . I 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 will be called the ‘“Note Holder.”’ 2. INTEREST I will pay interest at a yearly rate of 10.625 %. . - Interest will be charged on unpaid principal until the full amount of principal has been paid. 3. PAYMENTS I will pay principal and interest by making payments each month of U.S.$ 413.63 . I will make my payments on the . first day of each month beginning on April ; 2006 . I will make these payments every month until I have paid all of the principal and interest and any other charges, described below, that I may owe under this Note. If,on march 1, 2036 ; I still owe amounts under this Note, I will pay all those amounts, in full, on that date. I will make my monthly payments ata99 PROFESSIONAL DRIVE, SUITE 500 GAITHERSBURG, MD 20879 or at a different place if required 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 the full amount of any of my monthly payments by theendof 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 5.00 % of my overdue payment, but not less than U.S. $ 20.69 and not more than U.S. $ 20.69 . I will pay this late charge only once on any late payment. (B) Notice from Note Holder IfI do not pay the full amount of each monthly payment on time, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date I will be in default. That date must be at least 10 days after the date on which the notice is mailed to me or, if it is not mailed, 10 days after the date on which it is delivered to me. (C) Default . If I do not pay the overdue amount by the date stated in the notice described in (B) above, I will be in default. If J am 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 I owe on that amount. 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. FLORIDA - SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT Form 3910 : : VMP MORTGAGE FORMS- (800)521-7291 . Page 1 of 3 Initials: » Ps ~ Ls o (™\ 100025440003039580 0037594348 ‘():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 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 the protections given to the Note Holder under this Note, a Mortgage, dated February 28, 2006 , protects the Note Holder from possible losses which might result ifIdo 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 I 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, 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 prepayment 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. I may make a full prepayment at any time. 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. The 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 - [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 paid (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 I fail to keep my promises under this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as ‘‘guarantors, sureties and endorsers.”’ 8. GIVING OF NOTICES Any notice that must be given to me under this Note will be given by delivering it or by mailing it by certified mail addressed to me at the Property Address above. A notice will be delivered or mailed 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 mailing it by certified mail to the Note Holder at the address stated in Section 3 above. A notice will be mailed to the Note Holder at a different address ifI 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 Note. Any person who takes over the rights or obligations 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 this indebtedness. , Initlals: ab p-75(FL) (0303) Page 2of 8 Form 3910 wi* o~ fm, 1.00025440003039580 [ 0037594348 "yt NOTICE TO BORROWER Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign. x . rc A Ss ~ ° (Seal) Sel) IEULIFORT BIEN-AIME -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Saal) eS all) ~Borrower ~Borrower Seal) oO eal) ; ~Borrower -Borrower . [Sign Original Only] CZD-75(FL) (0203) Page 8 of 8 Form 3910 PAY TO THE ORDER OF . LEHMAN BROTHERS HOLDINGS INC. WITHOUT RECOURSE . LEHMAN BROTHERS BANK, FSB RICKW. bs BY: ) VICE PRESIDENT TRINITY FINANCIAL SERVICES, LLC PAY TO THE ORDER OF WITHOUT RECOURSE | LERMAN BROTHERS HOLDINGS IN. BY: DENISE ee E. ELWELL SENIOR VICE PRESIDENT ~ a . a “* : te cad : . ( _— ) (