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1460- | G29 7HS
IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT IN AND FOR CHARLOTTE
COUNTY, FLORIDA. CIVIL DIVISION
CASE NO.
U.S. BANK, NATIONAL ASSOCIATION AS LEGAL
TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE
TRUST,
Plaintiff,
vs.
THOMAS F, LAMATRICE; UNKNOWN TENANT FILED IN OPEN COURT
NO. 1; UNKNOWN TENANT NO. 2; and ALL 2/28
UNKNOWN PARTIES CLAIMING INTERESTS BY, DATE
THROUGH, UNDER OR AGAINST A NAMED
DEFENDANT TO THIS ACTION, OR HAVING OR
CLAIMING TO HAVE ANY RIGHT, TITLE OR
INTEREST IN THE PROPERTY HEREIN DESCRIBED,
Defendants.
Loan No: 7600415285
AFFIDAVIT OF LOST NOTE
STATE OF
)Ss.
COUNTY OF )
Jeannette Kabayan
BEFORE ME, the undersigned authority, personally appeared who
after being first duly sworn on oath deposes and says:
1 Tam Assistant Vice President of Rushmore Loan Management Services LLC, servicing agent to
Plaintiff, and have personal knowledge of the status of the loan that is the subject of the above
captioned suit. More specifically, I have personal knowledge with respect to the following loan
("the Loan")
Loan Number: 5285
Borrowers: THOMAS F. LAMATRICE
Date of Note: 12/20/2006
Original Principal Balance: 158,115.00
Property Address: 1010 CHEVY CHASE ST NWPORT CHARLOTTE, FL 33948
Rushmore Loan Management Services LLC maintains records for the Loan in its capacity as
plaintiff's servicer. As part of my job responsibilities, 1 am familiar with the type of records
maintained in connection with the Loan.
Some of the information in this affidavit is taken from Rushmore Loan Management Services
LLC's business records.
I have personal knowledge of Rushmore Loan Management Services LLC's procedures for
creating and maintaining these records. Such business records are: (a) made at or near the time of
the occurrence of the matters set forth therein by persons with personal knowledge of the
information in the business record, or from information transmitted by persons with personal
knowledge; and (b) kept in the course of regularly conducted business activities. It is the regular
practice to make such records. I have personal knowledge of Rushmore Loan Management
Services LLC's procedures for the safekeeping and retrieval of original notes serviced by
Rushmore Loan Management Services LLC on behalf of the note holder and Rushmore Loan
Management Services LLC lost note procedures for determining that an original note is lost.
Attached as Exhibit A is a copy of the note evidencing the terms of the note (Note), which is a
true and correct copy of the form of the note.
I have personal knowledge that Rushmore Loan Management Services LLC's lost note
procedures were followed in determining that the Note has been lost and that a good faith effort
was made to locate the lost note in accordance with such procedures.
Below is the clear chain of the endorsements, transfers, allonges or assignments of the Note and
all documents that evidence same as are available to Plaintiff:
a. Original Payee BANK OF AMERICA, N.A. TO BLANK via endorsement
b. Original Payee BANK OF AMERICA, N.A. TO CHRISTINA TRUST, A DIVISION OF
WILMINGTON SAVINGS FIND SOCIETY, FSB, NOT IN ITS INDIVIDUAL
CAPACITY BUT AS TRUSTEE OF ARLP TRUST 3 via recorded Assignment of
Mortgage.
c CHRISTINA TRUST, A DIVISION OF WILMINGTON SAVINGS FIND SOCIETY,
FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 3
to U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR
TRUMAN 2016 SC6 TITLE TRUST via recorded Assignment of Mortgage
After due diligence and based on review of the business records, possession of the note cannot
reasonably be obtained because the Note was destroyed, its whereabouts cannot be determined, or
it is in the wrongful possession of an unknown person or a person that cannot be found or is not
amenable to service of process.
Moreover, the loss of possession of the Note is not the result of a rightful transfer or a lawful
seizure of the Note.
10. Plaintiff shall henceforth hold the defendant maker(s) of the note harmless and shall indemnify
them from any loss they may incur by reason of a claim by any other person to enforce the lost
note. If the original note is ever located, Plaintiff will immediately deliver it to the Court for
cancellation.
FURTHER AFFIANT SAYETH NOT
U.S. BANK, NATIONAL ASSOCIATION AS LEGAL
TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE
TRUST BY RUSHMORE LOAN MANAGEMENT
SERVICES, LLC ITS APPOINTED ATTORNEY IN
BY
NAI ette Kab:
TITLE: sistant Vice President
Date:
Subscribed and sworn to befor: je in the county of State of
this day of » 20
See attached Jurat
(Notary’s ote gnats)
(Commission Expiration)
1460-162745/SJS
JURAT
A notary public or other officer com pleting this
certificate verifies only the identity of
the individual who signed the docu ment
to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document
State of California
County of Orange
x, Subscribed and sworn to (or affirmed) before me
on this SO aay of Sencar
Proved to me on the basis of satisfa ctory evidence
2017 by
appeared before me. 6 be the Persong who
Signature: A Notes
Rr
(This area for notary stamp)
GA 04/13
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer com; pleting this
certificate verifies only the identity
Of the individual who signed the do: cument to which
this certificate is attached, and
not the truthfulness, accuracy, or validity of that docum
ent
State of California
County of ORANGE
on_\- SO- \4 , before me > \inverrc
L 2 , Notary Public,
Personally appeared,
who proved to me on the basis of
Satisfactory evidence to be the Persoptsy Whose name{s
}s/; subscribed to the within instrument and
acknowledged to me that he/she/tpey executed the same in his /her/th
eir authorized capacity (i and
that by/riSIher/théir signature(syon the instrument the
pers ants),or the entity upon behalf of which the
Person(syacted, executed the instrument.
' certify under PENALTY OF PERJURY under th 'e laws
of the State of California that the foregoing
Paragraph is true and correct.
WITNESS my hand and official seal.
@
$s.
¢ 2119008
‘Notary Pubiie
LN) Ghar
Sianatyfe)ot Notary
Phy Cc
(seal)
DO NOT GO BELOW THIS LINE
|
|
LOAN NUMBER: 3308678055 oe
|
1
NOTE
‘ EXHIBIT "A"
Fedo4 ses
12/20/08 PORT CHARLOTTE FL
1010 CHEW CHASE ‘ST NW, PORT CHARLOTTE,
(State)
AL yas4s
(Property Address)
1, BORROWER'S PROMISE TO PAY
In retutn for a loan that] have
received, 1. 1 promise to pay U.S.$
“Principal”), plusinterest, to the order of the Lender. The Lender is BANK OF168,118.00 (this amount is called
AMERICA, NA,
U will make all payments under thisNote in the farm of cash,
check or
understand that the Lender may « ‘ransfer this Note, ‘The Lender money order,
or anyone who takes this Note by transfer and whe:
isentitled to receive payments under this Note is. called
th 1 “Note Holder.”
2INTEREST.
Interest will be charged on unpaid Principal until the full amount uf
yearly rate 6.000 B.
Principal has been paid, I will pay interest ata
‘The interest rate: required by this Section 2s the cate | will pay both before
and after ‘any default described in Section
G{B) of this Note,
3, PAYMENTS:
(A) Time and Placeof Payments
! Bay principal and interest by moking
| will make my monthly poymenton the » paymen 1sT
t every month,
day of each month beginningon FEBRUARY 01, 2007
Iwill make these payments every month until ! have
Paid
below that] may owe under this Note. Each montht ly all of the principal and interesest and any other charges described
payment will be apptied as of ita scheduled due date and will be
‘applied tw interest before Principal. If,on JANUARY 01,
this Note, t will pay those amounts in fu Wl on that date, which 2037 «1 sti owe amounts under
is called the "Maturity Date.”
Twill make my monthly paymen isat BANK OF AMERICA , P.O. BOX 9000, GETZVILLE, NY
14068-9000 co at a different place if required by the Note Halder.
(B) Amou of Monthl
aty Payments
My monthly paymem will bein the amount of US. $
947,98
4, BORROWER'S RIGHTTO PREPAY.
V HAVE [ME RIGHT TO Mace PAMENTS OF PRINCIPAL AT A TIME BEFORE THEY ARE DUE. A
Ne AS A SPREPAYKENT.* AMEN 1 ALE A PREPAMENT, 1 VILL TELL THE NOTE MOLOCA PAYMEM OF PRINCIPAL ONLY «$
‘NOV CESTGNAIE A PATUENT AS A PREPATAENT 1 (HAVE NOT MADE ALC THE MONTHLY PATKERTS IN BALTIC THAT § At OO1G $9. vay
| WAY UARE A FULL PREPAYMENT OR PARTIAL PREPATUENT NITHOUL QUE UNDER THIS NOE.
FEES OR OUTSTANDING FEES THAT 1 OWT, THE MOTE HOLOE WILL USE UYPAYING ANY FREPATMENT CHARGE. AFTER PAYING ANT LATE.
PREPAYMENTS REDUCE THE AMOUNT OF PRINCIPAL THAT |
OWE WHOER THIS NOTE. LMTAEVER, THE WOTE HOLDER WAY APPLY AY PREPAYMENT $0 THE TOACCAUED
Pre PARTMENT AMOUR BEFORE APPLYING WY PREPAYVENT 10 AEOUCE THE PRINCIPAL AMQLNT OF THIS AN UNPAID INTEREST OM THE
PREPAYMENT. THERE WILL BE NO CHANGES IN THE QUE OATES OR iN THE MOUNT OF MY XONTHLY SOTE. IF | LAKE A PARTIAL
AGREES IN WRITING TO THOSE CHANGES. Pann UMESS THE NOTE HOLOER
mu
T61aAA978610581,
FLORIDA FIXED RATE NOTE ~ Single Family
Pe teed
BSBMFL 100 VM MORTGAGE FORMS + (s00ts21-7291
SAFL 12/20/06 8:50 Au 3905876855
ccc eee
os
5. LOAN CHARGES
Ifa low, which appli to this loan and which sets maximum loan charges, is tially interpreted su
‘or other loan charges col}, lected of to be collected ia connection that the interest
w' vith this loan exceed the permitted limits, then: (a) any
‘such loan charge shall-be reduced by the amount necessary 10 reduce the charge to the permitted limit; and (b) any
alrdady collected frum me which exceeded permitted
limi its sums
make this refund 5) feducing the Principal Lowe under be refunded to me. The Note Holder may chonse to
thi Note or
ces Principal, the reduction will be treatedas a partial Pr "repayment, by making # direct payment wy me. if a refund
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has nat receiv ved the full amountof any
calendar days after the date it is di ue. | will pay a late monthly payment by theend of 15
charge to the Note Holder, The amount of the charge will be
: ‘% ofm: ¥ overdue payment of principal and imerest I will pay
‘only once on each fate payment, this tute charge promptly but
B) Default
AFT do not pay the full am: }ount of cach monthly payment cn the date it
is due. | will be in default,
(C) Notice of Default
If 1 am in default, the Note Holder may send me a written noti
by 0 certain date, the Note Hol der may require me to pay immediatel lytelling me that if | do not pay the overdue amount
the full amount of Principal which has not been
paid and all the interest that I owe on i hat amount, That date
is mailed to me or delivered by other means, must bbe at least 30 days after the date on which the notice
(D) No Waiver By Note Holder
1 @ time when f am in default, the Note Holder docs
not require me to pay immediately in full as
describedut » the Ne ‘ote Holder will still have
the ri ight to do sv if 1 am in defaultat a later time.
(E} Payment of Nate Holder's Costs
I the Note Ftulder has required me to payand i immediate
E: ixpenses
ly in full as described
right to be paid back by me for all of its cous and expenses in enforcing this
above, the Note Holder will have the
applicable law. Those expenses include, for exam ple, reasonable attorneys’ fees,
Note to the extent nut prohibited by
7. GIVING OF NOTICES
Unless applicable law requires
given by delivering it ur by mailing ita bydifferent
first
method, any notice that must
class mait to m ie at the Property
be given to me under this Note will be
Address aboveor at a different address if
Ugive the Note Holder a noticeof my different address.
Any notice that must be given to the Note Holder under
this Note will be given by delivering it or by: mailing it by
first class mail to the Note Holder at the address stated in
Secti tion 3A) above or at a different address if | am given a
notice of that different address,
8. OBLIGATIONS OF SONS UNDER THIS NOTE.
made in this Note, inctuding the promiseNote,to each
If more than one persun signs this person is fully and personally obligated to keup oll of the promises
pay the full amount owed,
endorser of this Nute is also obligated to do t these Any person who is a guarantor, surety or
things. Any persun who takeg over these obligations, including the
obligations of a guarantor, Surety or endorser of this Note, is also obligated to keep all of the promises
Note. ‘The Note Holder may enforce its Fights under made in this
this Note sgainst cach person individually ur against all cf us
together, Thia means that any one of us mt #8) be required to pay
all of the amounts owed under this Note.
9. WAIVERS
U and any other
pers yn who bas obligations under this Note
means the right tu require the Note Holder waivedemandthe rights of Presentment and Notice of
Dishonor” means the righ 1 10 require the Note Holder tu give nutice toto other
Dishonor, “Presentment”
payment of amounts duc. “Notice of
paid, Persons that amounis due have not been
10, UNIFORM SECURED NOTE,
‘This Note is a uniform insit ftument with limited variations in some jur
given to the Note Holder under this Not te, a Mortgage, Deed of ‘Trust,or Securi iuns, In addition to the protections
dated the same date as this Note, protect ts the Note Holder fram possible tosses which
\y Deed (the “Security Instrument”),
might result if I do not keep the
BSENIFU 1910)
SRFL 12/20/06 8:0 Au 330278055 Pye aore
. “a 4
the promises which | make in this Note. That Secu cy Instrument descril ibes
required to make immediat f payment in full of
follows: all amounts 1 owe under thishawNote,and Some under what conditions | may be
of those conditions read a8
I all or any part of the Propert) iy oF any Interest in the Property
‘nota natural is sold or transferred (orif Horrower is
ind 9 beneficial interest in Borrowe or transfer withoutred) Lender's prior weitten
consent, 1. mi ay require immediate payment in rfullis sold of all by this
However, this aptic on shall not be exerci ‘sums secured Security Instrument,
ander if puch exercise is prohibited 5 Applicable Law,
e
provide a peri iodf exercises this option, Lender shall gi ive Borrow er notice of accel leration, ‘The notice shall
of not less than 30 da}4y8 from the date the natice is iven in accordance
which Borrower must pay all sums secured by 11 ith Section 15 within
prior to the: expiration of this period, Lender may invok ty Instrument. If Borrower fails to pay these sums
without furl her. natice or demand on Borrower, ay remedies permitted by Security Instrument
11. DOCUMENTARY TAX
‘The state documentary tax due on this Note has been paid on the mortgage securing
this indebtedness,
WITNESS THI HAND(S) AND SEAL(S) OF THE
UNDERSIGNED,
Wh
THOUS’ F_LANATRICE
FDA (Seal)
Preview
1460- | G29 7HS IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA. CIVIL DIVISION CASE NO. U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, Plaintiff, vs. THOMAS F, LAMATRICE; UNKNOWN TENANT FILED IN OPEN COURT NO. 1; UNKNOWN TENANT NO. 2; and ALL 2/28 UNKNOWN PARTIES CLAIMING INTERESTS BY, DATE THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendants. Loan No: 7600415285 AFFIDAVIT OF LOST NOTE STATE OF )Ss. COUNTY OF ) Jeannette Kabayan BEFORE ME, the undersigned authority, personally appeared who after being first duly sworn on oath deposes and says: 1 Tam Assistant Vice President of Rushmore Loan Management Services LLC, servicing agent to Plaintiff, and have personal knowledge of the status of the loan that is the subject of the above captioned suit. More specifically, I have personal knowledge with respect to the following loan ("the Loan") Loan Number: 5285 Borrowers: THOMAS F. LAMATRICE Date of Note: 12/20/2006 Original Principal Balance: 158,115.00 Property Address: 1010 CHEVY CHASE ST NWPORT CHARLOTTE, FL 33948 Rushmore Loan Management Services LLC maintains records for the Loan in its capacity as plaintiff's servicer. As part of my job responsibilities, 1 am familiar with the type of records maintained in connection with the Loan. Some of the information in this affidavit is taken from Rushmore Loan Management Services LLC's business records. I have personal knowledge of Rushmore Loan Management Services LLC's procedures for creating and maintaining these records. Such business records are: (a) made at or near the time of the occurrence of the matters set forth therein by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; and (b) kept in the course of regularly conducted business activities. It is the regular practice to make such records. I have personal knowledge of Rushmore Loan Management Services LLC's procedures for the safekeeping and retrieval of original notes serviced by Rushmore Loan Management Services LLC on behalf of the note holder and Rushmore Loan Management Services LLC lost note procedures for determining that an original note is lost. Attached as Exhibit A is a copy of the note evidencing the terms of the note (Note), which is a true and correct copy of the form of the note. I have personal knowledge that Rushmore Loan Management Services LLC's lost note procedures were followed in determining that the Note has been lost and that a good faith effort was made to locate the lost note in accordance with such procedures. Below is the clear chain of the endorsements, transfers, allonges or assignments of the Note and all documents that evidence same as are available to Plaintiff: a. Original Payee BANK OF AMERICA, N.A. TO BLANK via endorsement b. Original Payee BANK OF AMERICA, N.A. TO CHRISTINA TRUST, A DIVISION OF WILMINGTON SAVINGS FIND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 3 via recorded Assignment of Mortgage. c CHRISTINA TRUST, A DIVISION OF WILMINGTON SAVINGS FIND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 3 to U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST via recorded Assignment of Mortgage After due diligence and based on review of the business records, possession of the note cannot reasonably be obtained because the Note was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process. Moreover, the loss of possession of the Note is not the result of a rightful transfer or a lawful seizure of the Note. 10. Plaintiff shall henceforth hold the defendant maker(s) of the note harmless and shall indemnify them from any loss they may incur by reason of a claim by any other person to enforce the lost note. If the original note is ever located, Plaintiff will immediately deliver it to the Court for cancellation. FURTHER AFFIANT SAYETH NOT U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST BY RUSHMORE LOAN MANAGEMENT SERVICES, LLC ITS APPOINTED ATTORNEY IN BY NAI ette Kab: TITLE: sistant Vice President Date: Subscribed and sworn to befor: je in the county of State of this day of » 20 See attached Jurat (Notary’s ote gnats) (Commission Expiration) 1460-162745/SJS JURAT A notary public or other officer com pleting this certificate verifies only the identity of the individual who signed the docu ment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange x, Subscribed and sworn to (or affirmed) before me on this SO aay of Sencar Proved to me on the basis of satisfa ctory evidence 2017 by appeared before me. 6 be the Persong who Signature: A Notes Rr (This area for notary stamp) GA 04/13 ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer com; pleting this certificate verifies only the identity Of the individual who signed the do: cument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that docum ent State of California County of ORANGE on_\- SO- \4 , before me > \inverrc L 2 , Notary Public, Personally appeared, who proved to me on the basis of Satisfactory evidence to be the Persoptsy Whose name{s }s/; subscribed to the within instrument and acknowledged to me that he/she/tpey executed the same in his /her/th eir authorized capacity (i and that by/riSIher/théir signature(syon the instrument the pers ants),or the entity upon behalf of which the Person(syacted, executed the instrument. ' certify under PENALTY OF PERJURY under th 'e laws of the State of California that the foregoing Paragraph is true and correct. WITNESS my hand and official seal. @ $s. ¢ 2119008 ‘Notary Pubiie LN) Ghar Sianatyfe)ot Notary Phy Cc (seal) DO NOT GO BELOW THIS LINE | | LOAN NUMBER: 3308678055 oe | 1 NOTE ‘ EXHIBIT "A" Fedo4 ses 12/20/08 PORT CHARLOTTE FL 1010 CHEW CHASE ‘ST NW, PORT CHARLOTTE, (State) AL yas4s (Property Address) 1, BORROWER'S PROMISE TO PAY In retutn for a loan that] have received, 1. 1 promise to pay U.S.$ “Principal”), plusinterest, to the order of the Lender. The Lender is BANK OF168,118.00 (this amount is called AMERICA, NA, U will make all payments under thisNote in the farm of cash, check or understand that the Lender may « ‘ransfer this Note, ‘The Lender money order, or anyone who takes this Note by transfer and whe: isentitled to receive payments under this Note is. called th 1 “Note Holder.” 2INTEREST. Interest will be charged on unpaid Principal until the full amount uf yearly rate 6.000 B. Principal has been paid, I will pay interest ata ‘The interest rate: required by this Section 2s the cate | will pay both before and after ‘any default described in Section G{B) of this Note, 3, PAYMENTS: (A) Time and Placeof Payments ! Bay principal and interest by moking | will make my monthly poymenton the » paymen 1sT t every month, day of each month beginningon FEBRUARY 01, 2007 Iwill make these payments every month until ! have Paid below that] may owe under this Note. Each montht ly all of the principal and interesest and any other charges described payment will be apptied as of ita scheduled due date and will be ‘applied tw interest before Principal. If,on JANUARY 01, this Note, t will pay those amounts in fu Wl on that date, which 2037 «1 sti owe amounts under is called the "Maturity Date.” Twill make my monthly paymen isat BANK OF AMERICA , P.O. BOX 9000, GETZVILLE, NY 14068-9000 co at a different place if required by the Note Halder. (B) Amou of Monthl aty Payments My monthly paymem will bein the amount of US. $ 947,98 4, BORROWER'S RIGHTTO PREPAY. V HAVE [ME RIGHT TO Mace PAMENTS OF PRINCIPAL AT A TIME BEFORE THEY ARE DUE. A Ne AS A SPREPAYKENT.* AMEN 1 ALE A PREPAMENT, 1 VILL TELL THE NOTE MOLOCA PAYMEM OF PRINCIPAL ONLY «$ ‘NOV CESTGNAIE A PATUENT AS A PREPATAENT 1 (HAVE NOT MADE ALC THE MONTHLY PATKERTS IN BALTIC THAT § At OO1G $9. vay | WAY UARE A FULL PREPAYMENT OR PARTIAL PREPATUENT NITHOUL QUE UNDER THIS NOE. FEES OR OUTSTANDING FEES THAT 1 OWT, THE MOTE HOLOE WILL USE UYPAYING ANY FREPATMENT CHARGE. AFTER PAYING ANT LATE. PREPAYMENTS REDUCE THE AMOUNT OF PRINCIPAL THAT | OWE WHOER THIS NOTE. LMTAEVER, THE WOTE HOLDER WAY APPLY AY PREPAYMENT $0 THE TOACCAUED Pre PARTMENT AMOUR BEFORE APPLYING WY PREPAYVENT 10 AEOUCE THE PRINCIPAL AMQLNT OF THIS AN UNPAID INTEREST OM THE PREPAYMENT. THERE WILL BE NO CHANGES IN THE QUE OATES OR iN THE MOUNT OF MY XONTHLY SOTE. IF | LAKE A PARTIAL AGREES IN WRITING TO THOSE CHANGES. Pann UMESS THE NOTE HOLOER mu T61aAA978610581, FLORIDA FIXED RATE NOTE ~ Single Family Pe teed BSBMFL 100 VM MORTGAGE FORMS + (s00ts21-7291 SAFL 12/20/06 8:50 Au 3905876855 ccc eee os 5. LOAN CHARGES Ifa low, which appli to this loan and which sets maximum loan charges, is tially interpreted su ‘or other loan charges col}, lected of to be collected ia connection that the interest w' vith this loan exceed the permitted limits, then: (a) any ‘such loan charge shall-be reduced by the amount necessary 10 reduce the charge to the permitted limit; and (b) any alrdady collected frum me which exceeded permitted limi its sums make this refund 5) feducing the Principal Lowe under be refunded to me. The Note Holder may chonse to thi Note or ces Principal, the reduction will be treatedas a partial Pr "repayment, by making # direct payment wy me. if a refund 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has nat receiv ved the full amountof any calendar days after the date it is di ue. | will pay a late monthly payment by theend of 15 charge to the Note Holder, The amount of the charge will be : ‘% ofm: ¥ overdue payment of principal and imerest I will pay ‘only once on each fate payment, this tute charge promptly but B) Default AFT do not pay the full am: }ount of cach monthly payment cn the date it is due. | will be in default, (C) Notice of Default If 1 am in default, the Note Holder may send me a written noti by 0 certain date, the Note Hol der may require me to pay immediatel lytelling me that if | do not pay the overdue amount the full amount of Principal which has not been paid and all the interest that I owe on i hat amount, That date is mailed to me or delivered by other means, must bbe at least 30 days after the date on which the notice (D) No Waiver By Note Holder 1 @ time when f am in default, the Note Holder docs not require me to pay immediately in full as describedut » the Ne ‘ote Holder will still have the ri ight to do sv if 1 am in defaultat a later time. (E} Payment of Nate Holder's Costs I the Note Ftulder has required me to payand i immediate E: ixpenses ly in full as described right to be paid back by me for all of its cous and expenses in enforcing this above, the Note Holder will have the applicable law. Those expenses include, for exam ple, reasonable attorneys’ fees, Note to the extent nut prohibited by 7. GIVING OF NOTICES Unless applicable law requires given by delivering it ur by mailing ita bydifferent first method, any notice that must class mait to m ie at the Property be given to me under this Note will be Address aboveor at a different address if Ugive the Note Holder a noticeof my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by: mailing it by first class mail to the Note Holder at the address stated in Secti tion 3A) above or at a different address if | am given a notice of that different address, 8. OBLIGATIONS OF SONS UNDER THIS NOTE. made in this Note, inctuding the promiseNote,to each If more than one persun signs this person is fully and personally obligated to keup oll of the promises pay the full amount owed, endorser of this Nute is also obligated to do t these Any person who is a guarantor, surety or things. Any persun who takeg over these obligations, including the obligations of a guarantor, Surety or endorser of this Note, is also obligated to keep all of the promises Note. ‘The Note Holder may enforce its Fights under made in this this Note sgainst cach person individually ur against all cf us together, Thia means that any one of us mt #8) be required to pay all of the amounts owed under this Note. 9. WAIVERS U and any other pers yn who bas obligations under this Note means the right tu require the Note Holder waivedemandthe rights of Presentment and Notice of Dishonor” means the righ 1 10 require the Note Holder tu give nutice toto other Dishonor, “Presentment” payment of amounts duc. “Notice of paid, Persons that amounis due have not been 10, UNIFORM SECURED NOTE, ‘This Note is a uniform insit ftument with limited variations in some jur given to the Note Holder under this Not te, a Mortgage, Deed of ‘Trust,or Securi iuns, In addition to the protections dated the same date as this Note, protect ts the Note Holder fram possible tosses which \y Deed (the “Security Instrument”), might result if I do not keep the BSENIFU 1910) SRFL 12/20/06 8:0 Au 330278055 Pye aore . “a 4 the promises which | make in this Note. That Secu cy Instrument descril ibes required to make immediat f payment in full of follows: all amounts 1 owe under thishawNote,and Some under what conditions | may be of those conditions read a8 I all or any part of the Propert) iy oF any Interest in the Property ‘nota natural is sold or transferred (orif Horrower is ind 9 beneficial interest in Borrowe or transfer withoutred) Lender's prior weitten consent, 1. mi ay require immediate payment in rfullis sold of all by this However, this aptic on shall not be exerci ‘sums secured Security Instrument, ander if puch exercise is prohibited 5 Applicable Law, e provide a peri iodf exercises this option, Lender shall gi ive Borrow er notice of accel leration, ‘The notice shall of not less than 30 da}4y8 from the date the natice is iven in accordance which Borrower must pay all sums secured by 11 ith Section 15 within prior to the: expiration of this period, Lender may invok ty Instrument. If Borrower fails to pay these sums without furl her. natice or demand on Borrower, ay remedies permitted by Security Instrument 11. DOCUMENTARY TAX ‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness, WITNESS THI HAND(S) AND SEAL(S) OF THE UNDERSIGNED, Wh THOUS’ F_LANATRICE FDA (Seal)