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Filing # 90126808 E-Filed 05/25/2019 09:42:19 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
IRIS BEAUGRAND, individually and as
POA for Heidrun Riedner,
Plaintiff,
Vv. CASE NO: 2017 CA 181
ROBERT O’TOOLE,
Defendant.
Exhibit
Transcript of Sarasota Proceeding
Evidence Exhibits Plaintiff 1 through 4
1|Page
Filing # 90126808 E-Filed 05/25/2019 09:42:19 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
IRIS BEAUGRAND, individually and as
POA for Heidrun Riedner,
Plaintiff,
Vv. CASE NO: 2017 CA 181
ROBERT O’TOOLE,
Defendant.
Exhibit
Transcript of Sarasota Proceeding
Evidence Exhibits Plaintiff 1 through 4
1|Page
EVIDENCE/EXHIBIT RECORD
NUMBER: 40779
CASE NI UMBER: jo G4 635/ wc DATE: 2-2
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CLERK:
PLAINTIFFISTATE: IDEFENDANT/RESPONDENT:
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Attorney:
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Complete for Criminal Cases Only:
Agency: Agency: State Atty # Property #
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Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Chain of Custody
1) Exhibit(s) received in court and stored for a period of time:
C (2
Exhibits have been secured at Darher Sc from_2-- 35-1 to 3-l1&
‘Specific storage/area location) ‘date (date) el
2) Exhibits transferred to Jury for deliberation: From date & time
(CAM admitted items [_] Excluded items: To date & time
Comments:
3) Custody Transferred: Alternative Court Clerk Judge Other
Custody transferred from:
(deputy clerk or supervisor signature) (position title) (date)
Delivered to:
(name) (title) (date)
4) Exhibit(s) Secured Transported Stored for Court Event Continued Other
Delivered to:
(deputy clerk or supervisor signature) (position title) (date)
Exhibits secured at
(location)
Returned to: I
‘deputy clerk or supervi: isor signature) al ‘position titie) (date)
5) Records Management receives exhibits:
A) Exhibit(s) to be filed for record only:
Location: (J Secure In vault (3 Secure in case file CJ Other
1B) Exhibit(s) to be filed for record and scanned:
sh 2.
Location: ure in vault (J Secure In case file C other
Received from: “3 A Delivered to: Koven Petrip
Ga LohAan Cr—_ | 3-(-¥ (
Ka )
name. ink nal
Received from:7.
(pr
Delivered to: Ka’ Petco 1 3-18
(signature and date) (signature and date)
— —
RECEIPT
, , have received the following Exhibit(s)
Per oral/written order of Judge on this day of
/
Signature Title
SPECIAL NOTES
Side B - Page 2 of >
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Plif, Exhibit #
Case # SING
Piet,
deft:
10:
ADM. “f
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Plif, Exhibit #
Case # SING
Piet,
deft:
10:
ADM. “f
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Prepared
by and Retum to:
“RECOROEDIW OFFICIAL
Leura
L. Fitzgerald
‘Coastal Security Title, inc.
ISTREAT 4 AIR 1%
2007, Nay 27 122
2260S. McCall Rosd KAREN £.
Englewood, Florids 34224 CLERK OF THE cinauty COURT
SARASOTA COUNTY FLORIDA
File Number: 722219 CEABLETO Receipts9ge57e
Doc Stamp-Deed: 0.70
General Warranty Deed
Made this November 26, 2007 A.D. By Robert O'Toole, a single man, whose address is: 1855 Bayshore Dr., Englewood,
FL 34223,
nu ll
hereinafter
called the grantor, to Irts Beaugrand and Rebert O'Toole, joint tenants with full rights of survivorship, whove post office
address ix: 185$ Bayshore Drive, Englewoed, FL 34223, hereinafter called the grantee:
‘used herein the term “grantor” and "yrantes” include all cha partics ‘0 this instrument end the eirs, legal representatives
and assrgres of
individuala,
and the suocemors and assigns of
‘Witnesseth,
that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations,
receiptsheeo is heeby scknowdgnbreby pen, arsine, ai, ome, tlie, conveys ad conf unto the rae,
| all that certain land situate in Serssom.
Lot 953, Englewood Gardens, Unit 5, a8 per plat thereof, recorded
in Plat Book 4, Page 72 and 73, of the
Public Records of Sarasota County,
‘Subject to taxes for the current year, covenants, restrictions
and easements of record, if any.
Parcel ID Number; €487-12-0012
Together with all the tenements, hereditaments and appurtenances therew belonging or in anywise appertaining.
@
To Have and to Hold, the same in fee sirmple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of seid land in foe sienple; that the grantor
has good right and lawful suthority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend
‘the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing
Subsequentto December 31, 2¢
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
‘Signed, sealed and delivered
in our presence:
aoe
tet Witness Printed Neme Dawn
LO QLIN Campo
Gano
=<»
(Seal)
fod Witnene Sigpanure
2nd Witnens. Printed Nazre td
‘Stave of Florida
‘County of Chartone
ie Soresoing insrunet way acknowledged before me chit November 26, 2007 by Robert OvTooke, 2 singe sea, who is/are personally
known to me or who has/have produced. as identif
Prdgure BPithgire td
(affix notary seal) Priet Nese,
My Comaatanian Explres:
een LAA
ws: (WY Comeau
100 eaerey
‘att a tg 28 2040,
DEED individual Warranty Deed - Legal
on Face
Closer’ Choice
I
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Prepared
by and Retum to:
“RECOROEDIW OFFICIAL
Leura
L. Fitzgerald
‘Coastal Security Title, inc.
ISTREAT 4 AIR 1%
2007, Nay 27 122
2260S. McCall Rosd KAREN £.
Englewood, Florids 34224 CLERK OF THE cinauty COURT
SARASOTA COUNTY FLORIDA
File Number: 722219 CEABLETO Receipts9ge57e
Doc Stamp-Deed: 0.70
General Warranty Deed
Made this November 26, 2007 A.D. By Robert O'Toole, a single man, whose address is: 1855 Bayshore Dr., Englewood,
FL 34223,
nu ll
hereinafter
called the grantor, to Irts Beaugrand and Rebert O'Toole, joint tenants with full rights of survivorship, whove post office
address ix: 185$ Bayshore Drive, Englewoed, FL 34223, hereinafter called the grantee:
‘used herein the term “grantor” and "yrantes” include all cha partics ‘0 this instrument end the eirs, legal representatives
and assrgres of
individuala,
and the suocemors and assigns of
‘Witnesseth,
that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations,
receiptsheeo is heeby scknowdgnbreby pen, arsine, ai, ome, tlie, conveys ad conf unto the rae,
| all that certain land situate in Serssom.
Lot 953, Englewood Gardens, Unit 5, a8 per plat thereof, recorded
in Plat Book 4, Page 72 and 73, of the
Public Records of Sarasota County,
‘Subject to taxes for the current year, covenants, restrictions
and easements of record, if any.
Parcel ID Number; €487-12-0012
Together with all the tenements, hereditaments and appurtenances therew belonging or in anywise appertaining.
@
To Have and to Hold, the same in fee sirmple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of seid land in foe sienple; that the grantor
has good right and lawful suthority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend
‘the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing
Subsequentto December 31, 2¢
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
‘Signed, sealed and delivered
in our presence:
aoe
tet Witness Printed Neme Dawn
LO QLIN Campo
Gano
=<»
(Seal)
fod Witnene Sigpanure
2nd Witnens. Printed Nazre td
‘Stave of Florida
‘County of Chartone
ie Soresoing insrunet way acknowledged before me chit November 26, 2007 by Robert OvTooke, 2 singe sea, who is/are personally
known to me or who has/have produced. as identif
Prdgure BPithgire td
(affix notary seal) Priet Nese,
My Comaatanian Explres:
een LAA
ws: (WY Comeau
100 eaerey
‘att a tg 28 2040,
DEED individual Warranty Deed - Legal
on Face
Closer’ Choice
I
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
a ee
PILE. Exhibit
Case a.
Pitty
Deft: 0.
to:
ADM: 1-13
-~25-
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
a ee
PILE. Exhibit
Case a.
Pitty
Deft: 0.
to:
ADM: 1-13
-~25-
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
_
Return To: * RECORDED IN OFFICIAL RECORDS
‘oastal Security Tide, Inc.
2260 S. McCall Rd. INSTRUMENT & 2007176762 12 PGS
Englewood, FL 34224 ny yw 2007 NOV 29 11:28 AM
@ Prepared by or under the supervision of:
KAREN E. RUSHING
CLERK OF THE CIRCUIT COURT
DALIA ENGEL SARASOTA COUNTY FLORIDA
tName
of Natural CEAGLETO Receipt #988578
2601 CATTLEMAN ROAD, SUITE 400
[Street Address}
SARASOTA, FL 34232
Doc Stamp-Mort: 982.00
ICly, State Zip Code] Intang. Tax: 504.00
" il i nnn
-
After recording please return to:
SUNTRUST MORTGAGE, INC.
{Company Name]
RVW 5093
{Name
of Natural 206717676:
1001 SEMMES AVENUE
[Street Address]
RICHMOND, ), VIRGINIA 23224
(City, State
[Space Above This Line For Recording Data)
Loan No.: 0267101684
MORTGAGE
MIN: 100010402071016848
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
A) “Security Instrument” means this document, which is dated Nevember 26, 2007, together with all Riders
to this document.
(B) “Borrower” is IRIS BEAUGRAND, ROBERT O'TOOLE, JOINT OWNERS Borrower is the
mortgagor under this Sccurity Instrument.
© “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is 2 separate corporation that is acting
solely as a nominee
for Lender and Lender's successors and assigns. MERS fs the mortgagee under this Security
Instrument. MERS is jized und 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.
(0) “Lender” is SUNTRUST MORTGAGE, INC.._ Lender is » corporation
the laws of THE COMMONWEALTH OF VIRGINIA. Lender's address is 901 SEMMES AVENUE,
RICHMOND, VA 23224.
{E) “Note” means the promissory note signed by Borrower and dated Nevember 26, 2007. The Note states
that Borrower owes Lender Two Hundred Fifty Two Thousand and 60/100ths Dollars (U.S. $22,000.00) plus.
interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than December 1, 2037.
Flarida Morigage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Medified Form 3018 9101
—Tik ComPLiance Source, INc— Pagel
of 14 oun, 104
A gm a
www couplisancenenes
con (©2004, The Counplisncs
Sowren, lat
e
Ta ~\\
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
_
Return To: * RECORDED IN OFFICIAL RECORDS
‘oastal Security Tide, Inc.
2260 S. McCall Rd. INSTRUMENT & 2007176762 12 PGS
Englewood, FL 34224 ny yw 2007 NOV 29 11:28 AM
@ Prepared by or under the supervision of:
KAREN E. RUSHING
CLERK OF THE CIRCUIT COURT
DALIA ENGEL SARASOTA COUNTY FLORIDA
tName
of Natural CEAGLETO Receipt #988578
2601 CATTLEMAN ROAD, SUITE 400
[Street Address}
SARASOTA, FL 34232
Doc Stamp-Mort: 982.00
ICly, State Zip Code] Intang. Tax: 504.00
" il i nnn
-
After recording please return to:
SUNTRUST MORTGAGE, INC.
{Company Name]
RVW 5093
{Name
of Natural 206717676:
1001 SEMMES AVENUE
[Street Address]
RICHMOND, ), VIRGINIA 23224
(City, State
[Space Above This Line For Recording Data)
Loan No.: 0267101684
MORTGAGE
MIN: 100010402071016848
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
A) “Security Instrument” means this document, which is dated Nevember 26, 2007, together with all Riders
to this document.
(B) “Borrower” is IRIS BEAUGRAND, ROBERT O'TOOLE, JOINT OWNERS Borrower is the
mortgagor under this Sccurity Instrument.
© “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is 2 separate corporation that is acting
solely as a nominee
for Lender and Lender's successors and assigns. MERS fs the mortgagee under this Security
Instrument. MERS is jized und 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.
(0) “Lender” is SUNTRUST MORTGAGE, INC.._ Lender is » corporation
the laws of THE COMMONWEALTH OF VIRGINIA. Lender's address is 901 SEMMES AVENUE,
RICHMOND, VA 23224.
{E) “Note” means the promissory note signed by Borrower and dated Nevember 26, 2007. The Note states
that Borrower owes Lender Two Hundred Fifty Two Thousand and 60/100ths Dollars (U.S. $22,000.00) plus.
interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than December 1, 2037.
Flarida Morigage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Medified Form 3018 9101
—Tik ComPLiance Source, INc— Pagel
of 14 oun, 104
A gm a
www couplisancenenes
con (©2004, The Counplisncs
Sowren, lat
e
Ta ~\\
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
@ ®) “Property” means the property that is described below under the heading “Transfer of Rights in the
) “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.
@® “Riders” means all Riders to this Security Instrument that are executed by Borrowcr. The following
Riders arc to be executed by Borrower (check box as applicable]:
Adjustable
Rate Rider O Condominium Rider Second Home Rider
Balloon Rider © Planned Unit Developme Rider [] Biweekly Payment Rider
1-4 Family Rider Revocable
Trust Ri
C1 Othes(s) (specify)
@ “Applicable Law” means all controlling applicable federal, state and local stanxes, regulations, ordinances
and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable
judicial opinions,
® “Community Association Dues, Fees, and Assessments” means all dues, fees, asscssments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association or
similar organization.
«) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check,
le
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer,
or ic tape so us to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions; transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
a) “Escrow Items” means those items that aro described in Section 3.
(™) “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, of omissions as to, the value and/or condition of the Property.
@) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the
(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.
@) “RESPA” means the Real Estate Scttlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any
additional or successor legislation or regulation that govems 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.
Florida Mortgage
Singio Furaly--Fannic Mae/Freddie
Mac UNIF¢ "ORM INSTRUMENT MERS Madified Form 3018 61/01
THe ComPLiaNce, Poge2erie OIF 1
A go a
‘wow complinacanouren
com (© 2004, The Compliawen
Sones, Jac.
®
AA__(Yn
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
@ ®) “Property” means the property that is described below under the heading “Transfer of Rights in the
) “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.
@® “Riders” means all Riders to this Security Instrument that are executed by Borrowcr. The following
Riders arc to be executed by Borrower (check box as applicable]:
Adjustable
Rate Rider O Condominium Rider Second Home Rider
Balloon Rider © Planned Unit Developme Rider [] Biweekly Payment Rider
1-4 Family Rider Revocable
Trust Ri
C1 Othes(s) (specify)
@ “Applicable Law” means all controlling applicable federal, state and local stanxes, regulations, ordinances
and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable
judicial opinions,
® “Community Association Dues, Fees, and Assessments” means all dues, fees, asscssments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association or
similar organization.
«) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check,
le
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer,
or ic tape so us to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions; transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
a) “Escrow Items” means those items that aro described in Section 3.
(™) “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, of omissions as to, the value and/or condition of the Property.
@) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the
(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.
@) “RESPA” means the Real Estate Scttlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any
additional or successor legislation or regulation that govems 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.
Florida Mortgage
Singio Furaly--Fannic Mae/Freddie
Mac UNIF¢ "ORM INSTRUMENT MERS Madified Form 3018 61/01
THe ComPLiaNce, Poge2erie OIF 1
A go a
‘wow complinacanouren
com (© 2004, The Compliawen
Sones, Jac.
®
AA__(Yn
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
@ “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.
COUNTY of SARASOTA
iption {Type
of: of Recording Jurisdiction}, {Name of Recording Jurtadiction]
which has a le;
SEE ATTACHED SCHEDULE A
which currently has the address of 1855 BAYSHORE DRIVE
ENGLEWOOD, Florida 34223 (“Property Address”):
[Chy} (Zip Code}
TOGETHER WITH ail the improvements now or hereafter erected on the property, and all casements,
appurtenances, and fixtures now or hereafter a part of thc property. All replace
and additions
ments shall also be
covered by this Security Instrument. All
of the foregoing is referred to in this Security Instrument as the “Property.”
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in thi
Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's
‘success and assigns) has
ors
the right: to exercise any or all of those interests, including, but not limited to, the right
to foreclose and sell the Property, and to take any action required of Lender including, but not limited to, releasing
and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seized 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
Borrower warrants and will defend generally the title to the Property against all claimas and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and a