Preview
Filing #72938763 E-Filed 06/01/2018 10:06:11 AM
IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT IN AND
FOR HILLSBOROUGH COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 18-CA-001436
PAT FRANK, NOT INDIVIDUALLY,
BUT IN HER CAPACITY AS CLERK OF
THE CIRCUIT COURT IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA
Plaintiff,
vs.
NELSON RODRIGUEZ, CIT BANK INC,
as successor-in-interest to Indy Mac Bank,
FSB, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., THE
FALLS AT NEW TAMPA
CONDOMINIUM ASSOCIATION, INC.,
and ALL UNKNOWN CLAIMANTS,
Defendants.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.’S MOTION TO
SUBSTITUTE PARTY DEFENDANTS
Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
(“MERS”)! by and through the undersigned attorneys hereby files this Motion to Substitute Party
Defendants pursuant to Florida Rule of Civil Procedure 1.260 (c), and states as follows:
1 On February 14, 2018, Plaintiff filed a Complaint for Interpleader naming CIT
BANK INC., as successor-in-interest to IndyMac Bank, FSB and MERS as Defendants and
attached a Mortgage recorded on October 11, 2006 in OR Book 17045 at Pages 0318-337 of the
Public Records of Hillsborough County which was executed by Nelson Rodriguez in favor of
' MERS appears here only in its capacity as mortgagee as nominee for Indymac Bank, F.S.B., its successors and
assigns, under that certain Mortgage recorded in OR Book 17045 at Pages 318-337 of the Public Records of
Hillsborough County.
IME AAA UT ATAU
AGE 1
18-159798 - AmS
6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 1
MERS as mortgagee as nominee for Indymac Bank, FSB, its successors and assigns (the
“Mortgage”).
2 On May 1, 2018, an Assignment of Mortgage was recorded in OR Book 25734 at
pages 747-749 of the Public Records of Hillsborough County publicizing the assignment and
transfer of all rights, title and interest to the Mortgage from MERS as nominee for INDYMAC
BANK, FSB, its successors and assigns to Deutsche Bank National Trust Company, as Trustee
and Supplemental Interest Trustee for IndyMac ABS, Inc., Home Equity Mortgage Loan Asset-
Backed Trust, Series INDS 2006-3, its successors and assigns (“DEUTSCHE BANK”). A copy
of the Assignment of Mortgage is attached hereto as Exhibit “A”. A copy of the Note subject to
the Mortgage endorsed in blank by IndyMac Bank, FSB is attached hereto as Exhibit “B”.
2 DEUTSCHE BANK is now the real party in interest under the Mortgage and
3
should be substituted in for MERS.
4 DITECH FINANCIAL LLC (“Ditech”), is the servicer for DEUTSCHE BANK
and should be allowed to participate in the action as such. A copy of the Power of Attorney from
DEUTSCHE BANK to Green Tree Servicing, LLC (“Green Tree”) is attached hereto as Exhibit
“Cc”. A copy of the merger documents between Green Tree and Ditech is attached hereto as
Exhibit “D”.
WHEREFORE, MERS respectfully requests that this Honorable Court enter an Order
Substituting DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE AND
SUPPLEMENTAL INTEREST TRUSTEE FOR INDYMAC ABS, INC., HOME EQUITY
MORTGAGE LOAN ASSET-BACKED TRUST, SERIES INDS 2006-3, its successors and
assigns as the party Defendant in this action.
PAGE 2
18-159798 - AmS
6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished to the parties listed
on the attached service on this, day of
Deg 2018.
Robertson, Anschutz & Schneid, P.L.
Attorney for Defendants
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901 Facsimile: 561-997-6909
Service Email naili« asflaw.com.
Communication Emai asumacewski@rasflaw.com
(
By
ry Sur ‘wski, Esquire
Florida Bar No. 22053
SERVICE LIST
DE LA PARTE & GILBERT, P.A.
DAVID M. CALDEVILLA, ESQ
ATTORNEY FOR PAT FRANK, NOT INDIVIDUALLY, BUT IN HER CAPACITY AS
CLERK OF THE CIRCUIT COURT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
C/O DE LA PARTE & GILBERT, P.A.
POST OFFICE BOX 2350
TAMPA, FL 33601
PRIMARY EMAIL: DCALDEVILLA@DGFIRM.COM
SECONDARY EMAIL: DGREIWE@DGFIRM.COM
WETHERINGTON HAMILTON, P.A.
KALEI MCELROY BLAIR, ESQ.
ATTORNEY FOR THE FALLS AT NEW TAMPA CONDOMINIUM ASSOCIATION, INC.
C/O WETHERINGTON HAMILTON, P.A.
1010 N. FLORIDA AVE
TAMPA, FL 33602
PRIMARY EMAIL: KMBPLEADINGS@WHHLAW.COM
PAGE 3
18-159798 - AmS
6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 3
INSTRUMENT#: 01/2018172415, O BK 25734
G 747-749 05! 2018 at 12: 34:0 APM ,
TI AN Pat Frank,
DEPUTY CLERK) +: SCHRIS Hillsborough County
the Circuit Co u it
Clerk of
Prepared by and Return To:
Barbara Jandt
Ditech Financial LLC
TMP RP.
2100 E. Elliot Road
Mail Stop T330
Tempe, AZ 85284
(888) 315-8733
ASSIGNMENT OF MORTGAGE
Account: iy
Ni
PIN#: Part of
MERS MIN #:
MERS Phone # 1-888-679-6377
FOR VALUE RECEIVED, Mortgage Electronic Registration Systems, Inc. ("MERS"), as nominee for
IndyMac Bank, F.S.B., its successors and assigns, whose address is P.O. Box 2026, Flint, MI 48501-
2026, hereby assigns and transfers to Deutsche Bank National Trust Company, as Trustee and
Supplemental Interest Trustee for IndyMac ABS, Inc., Home Equity Mortgage Loan Asset-Backed
Trust, Series INDS 2006-3, its successors and assigns, whose address is clo 2100 E. Elliot Road, T-
314, Tempe, AZ 85284 , all its rights, title and interest in and to a certain Mortgage described below.
Mortgage Executed By Nelson Rodriguez a single person
Mortgage Date: 09/25/2006
Original Principal Sum: $32,338.00
Recorded Date: 10/11/2006
Book/Page/Instrument O Book 17045 Page 0318 Instrument # 2006487944
Number:
County: Hillsborough
State: FL
Legal Description: See Attached Exhibit “A”
TO HAVE AND TO HOLD the same unto Assignee, its successor and assigns, forever, subject only to
the terms and conditions of the above-described Mortgage
IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on
018
EXHIBIT Assignment of Mortgage
1A Page |
6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 4
Mortgage Electronic Registration Systems. Inc.
(MERS")
a \ O6nOU By:
Name:
Zhrth Po
Edward Born
Vitne See Bell ue | Title: Assistant Vice President
Witness: Duan (wba
State of ARIZONA
County of MARICOPA
APR 1 4 2018
in , before me, the undersigned, personally appeared
Eaward Born , Assistant Vice President for Mortgage Electronic Registration
Systems, Inc., personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument and that such individua! made such appearance before the undersigned in the City of Tempe,
State of Arizona.
Tami Wycoft
Notary Public
aie)
Notary Public
“Ph
Maricopa County, AZ
Expires March 4, 2022
nr
Account: a
Assignment of Mortgage
Page 2
6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 5
EXHIBIT “A”
‘TAMPA, A CONDOMINIUM,
8811 , BUI LDI NG 2, THE FALLS AT NEW
COND OMIN IUM UNIT ELEMENTS, ACCORDING TO THE
AN UNDI VI DED INTEREST IN THE COMVON
TOG ETH ER WITE FFICIAL RECORD BOOK 167093,
OF CON DOM INI UM THEREOF RECORDED IN O
DEC LAR ATI ON IC RECORDS OF
T- IME TO TIME, OF THE PUBL
PAGE 0769, AS AMENDED FROM
HILLSBOROUGH COUNTY, FLORIDA
Account: I
Assignment of Mortgage
Page 3
6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 6
(29
NOTE ee
THIS NOTE IS A CONTRACT FOR A SHORT-’ ‘TERM LOAN.
Podeiner 2
SINCE YOU HAVE SELECTED A PAYMENT SCHEDULE WHITHIS LOAN IS PAYABLE IN FULL AT MATURITY.
MATURITY DATE, YOU WIL! L NEED TO PAY A LUMP iCH_WILL NOT PAY THE L OAN IN FULL BY
THE
OFF THE ENTIRE AMOUNT OF THE PRINCIPAL BALA SI UM, OR BALLOON PAYMEN’ 'T, WHICH WILL P,
THEN DUE. THE LENDER IS UNDER NO OBLIGATION NCE OF THE LOAN AND A! NY UNPAID INTEREST
WILL THEREFORE, BE REQUIRED TO MAKE PAYMENT TO REFIN ANCE THE Li OAN AT THAT TIME. YOU
YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE OUT OF OTHER ASSETS THAT YOU M. AY OWN OR
WILLING TO LEND YOU THE ™ JONEY. IF YOU REFINANCE THE THIS
I LENDER YOU HAVE THI IS LOAN WITH,
RATE AND TERMS WILL BE AT T HE PREVAILING INTER LOAN AT MATURITY, Yt OUR INTEREST
HIGHER THAN THE INTERE, ST RATE ON THIS LOA‘ EST R. ATE, WHICH MAY BE CONS IDERABLY
CLOSING COSTS NORMALLY ASSOCIATED WITH ANI YOU MAY HAVE TO PAY SOME OR ALL OF THE
FROM THE SAME LENDER. EW LOAN EVEN IF YOU OBTAIN REFINANCING
September 25, 2006 ‘TAMPA
Date Florida
City Stare
8811 ISLAND BREEZE LN TAMPA
Property Address Florida 33637
Ciy State ZIP Code
1, BORROWER’S PROMISE TO PAY
In return for a loan that I have received, [ promise to pay U.S. $
“‘principal’’), plus interest, to the order of the Lender, The Lender
32,338.00 (this amount will be calle
is INDYMAC BANK, F.S.E., A FEDERALLY
CHARTERED SAVINGS BANK
- Lunderstand 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
called the ‘‘Note Holder."” will be
2. INTEREST
I will pay interest at a yearly rate of 10.875 %
Interest will be charged on unpaid princi pal until the full amount of
principal has been paid,
3, PAYMENTS
1 will pay principal and interest by making payments each month of
U.S. $ 304.91
I will make my payments on the ist day of each month beginning on
2006 . Twill make these payments every month until 1 I have paid all
November 1 ,
of the principal and interes ‘st and any other charg
described below, that I may owe under this Note. If, on es,
October 1, 2021
I still owe amounts under this Note, [ will pay all those amounts,
in full, on that date. :
1 will make my monthly payments at INDYMAC BANK, F.S.B., P.O. BOX 78826,
85062-8826 PHOENIX, AZ
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 payment
calendar days after the date it s due, I will pay a late charge to the Note Holder.
s by the end of 15
5.000
The amount of the charge will be
% of my overdue payment, but not less than U.S. $ N/A
US. $ N/A - Ewill pay this late charge only once on any late payment and not more than
(B) Notice from Note Holder
If T do not pay the full amount of cach monthly payment on time, the
Note Holder may send me a written notice telling
me that if do not pay the overdue amount by a certain date
| will be in default. That date must be at least 10
date on which the notice is mailed to me or, if it is not mailed, days after the
10 days after the date on whic! h it is delivered to me.
(C) Default
If 1 do not pay the overdue amount by the date state ‘d in the notice
described in (B) above, I will be in default. If
default, the Note Holder may Tequire me to pay immedi iatcly the Iam in
full amount of principal which has not been paid
interest that | owe on that amount. and all the
Even if, at a Gme when I am in default, the Note H older does
above, the Note Holder will still have the right to do so if I
not require me to pay immediately in full as described
am in default at a later time.
-
[Loria SECOND MORTGAGE - 1/80 |
fh 2100066 9808) ELECTRONIC tf EXHIBIT Form 75(FL) Rev, 7/97
te sta re.
| | 1B MAC
6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 7
(D) Payment of Note Hoider’s Costs and Expenses
Loan No:
Preview
Filing #72938763 E-Filed 06/01/2018 10:06:11 AM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 18-CA-001436 PAT FRANK, NOT INDIVIDUALLY, BUT IN HER CAPACITY AS CLERK OF THE CIRCUIT COURT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA Plaintiff, vs. NELSON RODRIGUEZ, CIT BANK INC, as successor-in-interest to Indy Mac Bank, FSB, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., THE FALLS AT NEW TAMPA CONDOMINIUM ASSOCIATION, INC., and ALL UNKNOWN CLAIMANTS, Defendants. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.’S MOTION TO SUBSTITUTE PARTY DEFENDANTS Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”)! by and through the undersigned attorneys hereby files this Motion to Substitute Party Defendants pursuant to Florida Rule of Civil Procedure 1.260 (c), and states as follows: 1 On February 14, 2018, Plaintiff filed a Complaint for Interpleader naming CIT BANK INC., as successor-in-interest to IndyMac Bank, FSB and MERS as Defendants and attached a Mortgage recorded on October 11, 2006 in OR Book 17045 at Pages 0318-337 of the Public Records of Hillsborough County which was executed by Nelson Rodriguez in favor of ' MERS appears here only in its capacity as mortgagee as nominee for Indymac Bank, F.S.B., its successors and assigns, under that certain Mortgage recorded in OR Book 17045 at Pages 318-337 of the Public Records of Hillsborough County. IME AAA UT ATAU AGE 1 18-159798 - AmS 6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 1 MERS as mortgagee as nominee for Indymac Bank, FSB, its successors and assigns (the “Mortgage”). 2 On May 1, 2018, an Assignment of Mortgage was recorded in OR Book 25734 at pages 747-749 of the Public Records of Hillsborough County publicizing the assignment and transfer of all rights, title and interest to the Mortgage from MERS as nominee for INDYMAC BANK, FSB, its successors and assigns to Deutsche Bank National Trust Company, as Trustee and Supplemental Interest Trustee for IndyMac ABS, Inc., Home Equity Mortgage Loan Asset- Backed Trust, Series INDS 2006-3, its successors and assigns (“DEUTSCHE BANK”). A copy of the Assignment of Mortgage is attached hereto as Exhibit “A”. A copy of the Note subject to the Mortgage endorsed in blank by IndyMac Bank, FSB is attached hereto as Exhibit “B”. 2 DEUTSCHE BANK is now the real party in interest under the Mortgage and 3 should be substituted in for MERS. 4 DITECH FINANCIAL LLC (“Ditech”), is the servicer for DEUTSCHE BANK and should be allowed to participate in the action as such. A copy of the Power of Attorney from DEUTSCHE BANK to Green Tree Servicing, LLC (“Green Tree”) is attached hereto as Exhibit “Cc”. A copy of the merger documents between Green Tree and Ditech is attached hereto as Exhibit “D”. WHEREFORE, MERS respectfully requests that this Honorable Court enter an Order Substituting DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE AND SUPPLEMENTAL INTEREST TRUSTEE FOR INDYMAC ABS, INC., HOME EQUITY MORTGAGE LOAN ASSET-BACKED TRUST, SERIES INDS 2006-3, its successors and assigns as the party Defendant in this action. PAGE 2 18-159798 - AmS 6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to the parties listed on the attached service on this, day of Deg 2018. Robertson, Anschutz & Schneid, P.L. Attorney for Defendants 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email naili« asflaw.com. Communication Emai asumacewski@rasflaw.com ( By ry Sur ‘wski, Esquire Florida Bar No. 22053 SERVICE LIST DE LA PARTE & GILBERT, P.A. DAVID M. CALDEVILLA, ESQ ATTORNEY FOR PAT FRANK, NOT INDIVIDUALLY, BUT IN HER CAPACITY AS CLERK OF THE CIRCUIT COURT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA C/O DE LA PARTE & GILBERT, P.A. POST OFFICE BOX 2350 TAMPA, FL 33601 PRIMARY EMAIL: DCALDEVILLA@DGFIRM.COM SECONDARY EMAIL: DGREIWE@DGFIRM.COM WETHERINGTON HAMILTON, P.A. KALEI MCELROY BLAIR, ESQ. ATTORNEY FOR THE FALLS AT NEW TAMPA CONDOMINIUM ASSOCIATION, INC. C/O WETHERINGTON HAMILTON, P.A. 1010 N. FLORIDA AVE TAMPA, FL 33602 PRIMARY EMAIL: KMBPLEADINGS@WHHLAW.COM PAGE 3 18-159798 - AmS 6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 3 INSTRUMENT#: 01/2018172415, O BK 25734 G 747-749 05! 2018 at 12: 34:0 APM , TI AN Pat Frank, DEPUTY CLERK) +: SCHRIS Hillsborough County the Circuit Co u it Clerk of Prepared by and Return To: Barbara Jandt Ditech Financial LLC TMP RP. 2100 E. Elliot Road Mail Stop T330 Tempe, AZ 85284 (888) 315-8733 ASSIGNMENT OF MORTGAGE Account: iy Ni PIN#: Part of MERS MIN #: MERS Phone # 1-888-679-6377 FOR VALUE RECEIVED, Mortgage Electronic Registration Systems, Inc. ("MERS"), as nominee for IndyMac Bank, F.S.B., its successors and assigns, whose address is P.O. Box 2026, Flint, MI 48501- 2026, hereby assigns and transfers to Deutsche Bank National Trust Company, as Trustee and Supplemental Interest Trustee for IndyMac ABS, Inc., Home Equity Mortgage Loan Asset-Backed Trust, Series INDS 2006-3, its successors and assigns, whose address is clo 2100 E. Elliot Road, T- 314, Tempe, AZ 85284 , all its rights, title and interest in and to a certain Mortgage described below. Mortgage Executed By Nelson Rodriguez a single person Mortgage Date: 09/25/2006 Original Principal Sum: $32,338.00 Recorded Date: 10/11/2006 Book/Page/Instrument O Book 17045 Page 0318 Instrument # 2006487944 Number: County: Hillsborough State: FL Legal Description: See Attached Exhibit “A” TO HAVE AND TO HOLD the same unto Assignee, its successor and assigns, forever, subject only to the terms and conditions of the above-described Mortgage IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on 018 EXHIBIT Assignment of Mortgage 1A Page | 6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 4 Mortgage Electronic Registration Systems. Inc. (MERS") a \ O6nOU By: Name: Zhrth Po Edward Born Vitne See Bell ue | Title: Assistant Vice President Witness: Duan (wba State of ARIZONA County of MARICOPA APR 1 4 2018 in , before me, the undersigned, personally appeared Eaward Born , Assistant Vice President for Mortgage Electronic Registration Systems, Inc., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument and that such individua! made such appearance before the undersigned in the City of Tempe, State of Arizona. Tami Wycoft Notary Public aie) Notary Public “Ph Maricopa County, AZ Expires March 4, 2022 nr Account: a Assignment of Mortgage Page 2 6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 5 EXHIBIT “A” ‘TAMPA, A CONDOMINIUM, 8811 , BUI LDI NG 2, THE FALLS AT NEW COND OMIN IUM UNIT ELEMENTS, ACCORDING TO THE AN UNDI VI DED INTEREST IN THE COMVON TOG ETH ER WITE FFICIAL RECORD BOOK 167093, OF CON DOM INI UM THEREOF RECORDED IN O DEC LAR ATI ON IC RECORDS OF T- IME TO TIME, OF THE PUBL PAGE 0769, AS AMENDED FROM HILLSBOROUGH COUNTY, FLORIDA Account: I Assignment of Mortgage Page 3 6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 6 (29 NOTE ee THIS NOTE IS A CONTRACT FOR A SHORT-’ ‘TERM LOAN. Podeiner 2 SINCE YOU HAVE SELECTED A PAYMENT SCHEDULE WHITHIS LOAN IS PAYABLE IN FULL AT MATURITY. MATURITY DATE, YOU WIL! L NEED TO PAY A LUMP iCH_WILL NOT PAY THE L OAN IN FULL BY THE OFF THE ENTIRE AMOUNT OF THE PRINCIPAL BALA SI UM, OR BALLOON PAYMEN’ 'T, WHICH WILL P, THEN DUE. THE LENDER IS UNDER NO OBLIGATION NCE OF THE LOAN AND A! NY UNPAID INTEREST WILL THEREFORE, BE REQUIRED TO MAKE PAYMENT TO REFIN ANCE THE Li OAN AT THAT TIME. YOU YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE OUT OF OTHER ASSETS THAT YOU M. AY OWN OR WILLING TO LEND YOU THE ™ JONEY. IF YOU REFINANCE THE THIS I LENDER YOU HAVE THI IS LOAN WITH, RATE AND TERMS WILL BE AT T HE PREVAILING INTER LOAN AT MATURITY, Yt OUR INTEREST HIGHER THAN THE INTERE, ST RATE ON THIS LOA‘ EST R. ATE, WHICH MAY BE CONS IDERABLY CLOSING COSTS NORMALLY ASSOCIATED WITH ANI YOU MAY HAVE TO PAY SOME OR ALL OF THE FROM THE SAME LENDER. EW LOAN EVEN IF YOU OBTAIN REFINANCING September 25, 2006 ‘TAMPA Date Florida City Stare 8811 ISLAND BREEZE LN TAMPA Property Address Florida 33637 Ciy State ZIP Code 1, BORROWER’S PROMISE TO PAY In return for a loan that I have received, [ promise to pay U.S. $ “‘principal’’), plus interest, to the order of the Lender, The Lender 32,338.00 (this amount will be calle is INDYMAC BANK, F.S.E., A FEDERALLY CHARTERED SAVINGS BANK - Lunderstand 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 called the ‘‘Note Holder."” will be 2. INTEREST I will pay interest at a yearly rate of 10.875 % Interest will be charged on unpaid princi pal until the full amount of principal has been paid, 3, PAYMENTS 1 will pay principal and interest by making payments each month of U.S. $ 304.91 I will make my payments on the ist day of each month beginning on 2006 . Twill make these payments every month until 1 I have paid all November 1 , of the principal and interes ‘st and any other charg described below, that I may owe under this Note. If, on es, October 1, 2021 I still owe amounts under this Note, [ will pay all those amounts, in full, on that date. : 1 will make my monthly payments at INDYMAC BANK, F.S.B., P.O. BOX 78826, 85062-8826 PHOENIX, AZ 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 payment calendar days after the date it s due, I will pay a late charge to the Note Holder. s by the end of 15 5.000 The amount of the charge will be % of my overdue payment, but not less than U.S. $ N/A US. $ N/A - Ewill pay this late charge only once on any late payment and not more than (B) Notice from Note Holder If T do not pay the full amount of cach monthly payment on time, the Note Holder may send me a written notice telling me that if do not pay the overdue amount by a certain date | will be in default. That date must be at least 10 date on which the notice is mailed to me or, if it is not mailed, days after the 10 days after the date on whic! h it is delivered to me. (C) Default If 1 do not pay the overdue amount by the date state ‘d in the notice described in (B) above, I will be in default. If default, the Note Holder may Tequire me to pay immedi iatcly the Iam in full amount of principal which has not been paid interest that | owe on that amount. and all the Even if, at a Gme when I am in default, the Note H older does above, the Note Holder will still have the right to do so if I not require me to pay immediately in full as described am in default at a later time. - [Loria SECOND MORTGAGE - 1/80 | fh 2100066 9808) ELECTRONIC tf EXHIBIT Form 75(FL) Rev, 7/97 te sta re. | | 1B MAC 6/1/2018 10:06 AM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 7 (D) Payment of Note Hoider’s Costs and Expenses Loan No: