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Filing # 47908154 E-Filed 10/20/2016 10:45:52 PM
FEDERAL NATIONAL MORTGAGE IN THE CIRCUIT COURT OF THE
ASSOCIATION, 20TH JUDICIAL CIRCUIT, IN AND FOR
Plaintiff, CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
vs.
CASE NO.: 16001066CA
CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A
CYNTHIA T. COX A/K/A CYNTHIA RAE COX
A/K/A CINDY RAE COX A/K/A CINDY COX A/K/A
CINDY R. COX, et al.,
Defendants.
NOTICE OF FILING
PLEASE TAKE NOTICE that the Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, has filed
herewith:
. CERTIFICATION OF ORIGINAL NOTE
I HEREBY CERTIFY that a true copy of foregoing was delivered to the parties on the attached service list
by mail/email this__A Ot*day of 201g
Choice Legal Group, P.A.
P.O. Box 9908
Fort Lauderdale, Florida 33310-0908
Telephone: (954) 453-0365
Facsimile: (954) 771-6052
Toll Free: 1-800-441-2438
DESIGNATED PRIMARY EMAIL FOR SERVICE
PURSUANT TO FLA. R. JUD. ADMIN 2.516
7)
eservice@cl up.com
By: }
Jason Storri De sq. 7
Bar Number: 077
15-03077
et
CERTIFICATION AS TO ORIGINAL PROMISSORY NOTE
|, Thang Tran, an authorized representative of Seterus Inc., the designated loan servicer for the plaintiff,
Federal National Mortgage Association, hereby certify as to the following:
1 Plaintiff is in possession of the original Promissory Note (“Note”) executed by David J Cox & Cynthia
R Cox for 22382 New York Avenue, Port Charlotte, FL 33952.
As of the date indicated below, the Note is physically located in a document vault at Seterus, Inc.,
14523 SW Millikan Way, Suite 200, Beaverton, OR 97005.
| personally verified such possession at this date and time: March 31%, 2016 at 11:28 a.m.
A true and correct copy of the Note, together with any applicable allonges, is attached to this
certification
Under penalty of perjury, | declare that | have read the foregoing and that the facts stated in it are true.
Affiant Name: Thang Tran
Affiant Signature: Abid ih a~-
Affiant Title: Collateral contro Specialist
Date: March 31, 2016
Wy C277 FO6SC
ue
ORIGINAL May 31 2005
NOTE
PORT CHARLOTTE Florida
(Datel {exy} {State}
2 NEW YORK AVENUE PORT CHARLOTTE. FL 33952
|Property Address]
1. BORROWER'S PROMIS! fO PAY
a loan that I have received, 1 promise to pay U.S. $156, 125,75
In return for (this amount is called "Principal”),
plus interest, to the order of the Lender. The Lender is Col dwel | Banker Mortgage
J will make all payments under this Note in the form of cash, check ar money order.
[ 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 is called the "Note Holder."
2, INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
rate of 5.780%.
Section 6(B)
The interest rate required by this Section 2 is the rate | will pay both before and afier any default described in
of this Note,
3. PAYMENTS
{A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
Iwill make my monthly payment on theO7 St day of each month beginning on July 4 2005 Iwill
make these payments every month until I have paid all of the principal and interest and any other charges described below that |
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on June 1st 2035 . 1 still owe amounts under this Note, | will pay those amounts in full on
that date, which is called the "Maturity Date."
Iwill make my monthly payments at 3000 Leadenhal ! foac Mount Laure! NJ 08054
or at a different place if required by the Note Holder.
{B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 1028 .76
4, BORROWER'S RIGHT TO PREPAY
Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as aa
“Prepayment.” When I make a Prepayment, 1 will tell the Note Holder in writing that [am doing so. T may not designate
payment as a Prepayment if I have not made all the monthly payments due under the Note,
Tmay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
my
Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note Holder may apply
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder agrees in writing to those changes.
FLORIDA FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
SD -SNIFL) see
Ye
Form 3210 1104
VP MOR: ‘OMS ei ope2t
oDie2
Paget of 3 fevais Ot
O37
5. LOAN CHARGES.
If a law, which applies to this loan and which sets maximum loan charges. is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from the
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing
Principal ] owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
as a partial Prepayment.
6. 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 monthly payment by the end of Fifteen
calendar days
after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5 00% of
ny overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment,
(B) Default
If 1 do not pay the full amount of cach monthly payment on the date it is due, 1 will be in default.
(C) Notice of Default
If | am in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a
and all
certain date, the Note Holder may require me to pay immediately the fui amount of Principal which has not been paid
amount. That date must be al feast 30 days after the date on which the notice is mailed to me or
the interest that | owe on that
delivered by other means.
(D) No Waiver By Note Holder
Even ‘at atime when | am in default, the Note Holder does not require me to pay immediately in full as described
above, the } ‘ote Holder will still have the right to do so if | am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
the right to
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
it by first
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing
a notice of that
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made inis
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
enforce its rights
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may
under this Note against each person 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 Nete.
9. WAIVERS
1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
Me
Form 3240 1/04
ED, SNIFL) ces Page of tials
oe
i = se se
10, UNIFORM SECURED NOTE
‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust. or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
of all amounts | owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument,
However, this option shall not be exercised by Lender if such exerc is prohibited by Applicable Law,
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sunts prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
11. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
My
Cau 4 (0.
Le
(Seal) {Seal}
David J Cox { Borrower oyneni a R Cox Borrower
PAY T0 THE ORDEROF
(Seal) (Seal)
Borrower
WITHOUT RECOURSE
-Borrowei
Vice President
sistant
pM. ‘AsCorporation
Santee yGiage
(Seal) (Seal)
-Borrewer -Bortower
(Seal) (Seal)
Borrower ~Borrower
[Sign Original Only}
Qs N(FL} (aces) Page 3 of 3 Form 3210 1/01
SERVICE LIST
Case No: 16001066CA
CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A CYNTHIA T. COX A/K/A CYNTHIA RAE COX A/K/A
CINDY RAE COX A/K/A CINDY COX A/K/A CINDY R. COX
432 VANNELL ST
PORT CHARLOTTE, FL 33954
MICHELE BELMONT, ESQ.
LAW OFFICES OF MICHELE S. BELMONT, P.A.
ATTORNEY FOR RUNDOS EQUITY, LLC
8660 COLLEGE PARKWAY, #180
FT. MYERS, FL 33919
MICHELE@BELMONTESQ.COM
SUNCOAST SCHOOLS FEDERAL CREDIT UNION
6801 E. HILLSBOROUGH AVE.
TAMPA, FL 33610
WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION SUCCESSOR BY MERGER TO FIRST
MUTUAL BANK
400 108TH AVENUE NORTHEAST, SUITE 104 (DOWNTOWN BELLEVUE BRANCH)
BELLEVUE, WA 98004
DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX
432 VANNELL ST
PORT CHARLOTTE, FL 33954
UNKNOWN TENANT N/K/A JANE DOE (REFUSED NAME)
22382 NEW YORK AVE
PORT CHARLOTTE, FL 33952
15-03077
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Filing # 47908154 E-Filed 10/20/2016 10:45:52 PM FEDERAL NATIONAL MORTGAGE IN THE CIRCUIT COURT OF THE ASSOCIATION, 20TH JUDICIAL CIRCUIT, IN AND FOR Plaintiff, CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION vs. CASE NO.: 16001066CA CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A CYNTHIA T. COX A/K/A CYNTHIA RAE COX A/K/A CINDY RAE COX A/K/A CINDY COX A/K/A CINDY R. COX, et al., Defendants. NOTICE OF FILING PLEASE TAKE NOTICE that the Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, has filed herewith: . CERTIFICATION OF ORIGINAL NOTE I HEREBY CERTIFY that a true copy of foregoing was delivered to the parties on the attached service list by mail/email this__A Ot*day of 201g Choice Legal Group, P.A. P.O. Box 9908 Fort Lauderdale, Florida 33310-0908 Telephone: (954) 453-0365 Facsimile: (954) 771-6052 Toll Free: 1-800-441-2438 DESIGNATED PRIMARY EMAIL FOR SERVICE PURSUANT TO FLA. R. JUD. ADMIN 2.516 7) eservice@cl up.com By: } Jason Storri De sq. 7 Bar Number: 077 15-03077 et CERTIFICATION AS TO ORIGINAL PROMISSORY NOTE |, Thang Tran, an authorized representative of Seterus Inc., the designated loan servicer for the plaintiff, Federal National Mortgage Association, hereby certify as to the following: 1 Plaintiff is in possession of the original Promissory Note (“Note”) executed by David J Cox & Cynthia R Cox for 22382 New York Avenue, Port Charlotte, FL 33952. As of the date indicated below, the Note is physically located in a document vault at Seterus, Inc., 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. | personally verified such possession at this date and time: March 31%, 2016 at 11:28 a.m. A true and correct copy of the Note, together with any applicable allonges, is attached to this certification Under penalty of perjury, | declare that | have read the foregoing and that the facts stated in it are true. Affiant Name: Thang Tran Affiant Signature: Abid ih a~- Affiant Title: Collateral contro Specialist Date: March 31, 2016 Wy C277 FO6SC ue ORIGINAL May 31 2005 NOTE PORT CHARLOTTE Florida (Datel {exy} {State} 2 NEW YORK AVENUE PORT CHARLOTTE. FL 33952 |Property Address] 1. BORROWER'S PROMIS! fO PAY a loan that I have received, 1 promise to pay U.S. $156, 125,75 In return for (this amount is called "Principal”), plus interest, to the order of the Lender. The Lender is Col dwel | Banker Mortgage J will make all payments under this Note in the form of cash, check ar money order. [ 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 is called the "Note Holder." 2, INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.780%. Section 6(B) The interest rate required by this Section 2 is the rate | will pay both before and afier any default described in of this Note, 3. PAYMENTS {A) Time and Place of Payments I will pay principal and interest by making a payment every month. Iwill make my monthly payment on theO7 St day of each month beginning on July 4 2005 Iwill make these payments every month until I have paid all of the principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on June 1st 2035 . 1 still owe amounts under this Note, | will pay those amounts in full on that date, which is called the "Maturity Date." Iwill make my monthly payments at 3000 Leadenhal ! foac Mount Laure! NJ 08054 or at a different place if required by the Note Holder. {B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1028 .76 4, BORROWER'S RIGHT TO PREPAY Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as aa “Prepayment.” When I make a Prepayment, 1 will tell the Note Holder in writing that [am doing so. T may not designate payment as a Prepayment if I have not made all the monthly payments due under the Note, Tmay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my my Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note Holder may apply Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. FLORIDA FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT SD -SNIFL) see Ye Form 3210 1104 VP MOR: ‘OMS ei ope2t oDie2 Paget of 3 fevais Ot O37 5. LOAN CHARGES. If a law, which applies to this loan and which sets maximum loan charges. is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from the me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing Principal ] owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. 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 monthly payment by the end of Fifteen calendar days after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5 00% of ny overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment, (B) Default If 1 do not pay the full amount of cach monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If | am in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a and all certain date, the Note Holder may require me to pay immediately the fui amount of Principal which has not been paid amount. That date must be al feast 30 days after the date on which the notice is mailed to me or the interest that | owe on that delivered by other means. (D) No Waiver By Note Holder Even ‘at atime when | am in default, the Note Holder does not require me to pay immediately in full as described above, the } ‘ote Holder will still have the right to do so if | am in default at a later time. (E) Payment of Note Holder's Costs and Expenses the right to If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. it by first Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing a notice of that class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made inis this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety enforce its rights or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may under this Note against each person 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 Nete. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Me Form 3240 1/04 ED, SNIFL) ces Page of tials oe i = se se 10, UNIFORM SECURED NOTE ‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust. or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts | owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exerc is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sunts prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED My Cau 4 (0. Le (Seal) {Seal} David J Cox { Borrower oyneni a R Cox Borrower PAY T0 THE ORDEROF (Seal) (Seal) Borrower WITHOUT RECOURSE -Borrowei Vice President sistant pM. ‘AsCorporation Santee yGiage (Seal) (Seal) -Borrewer -Bortower (Seal) (Seal) Borrower ~Borrower [Sign Original Only} Qs N(FL} (aces) Page 3 of 3 Form 3210 1/01 SERVICE LIST Case No: 16001066CA CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A CYNTHIA T. COX A/K/A CYNTHIA RAE COX A/K/A CINDY RAE COX A/K/A CINDY COX A/K/A CINDY R. COX 432 VANNELL ST PORT CHARLOTTE, FL 33954 MICHELE BELMONT, ESQ. LAW OFFICES OF MICHELE S. BELMONT, P.A. ATTORNEY FOR RUNDOS EQUITY, LLC 8660 COLLEGE PARKWAY, #180 FT. MYERS, FL 33919 MICHELE@BELMONTESQ.COM SUNCOAST SCHOOLS FEDERAL CREDIT UNION 6801 E. HILLSBOROUGH AVE. TAMPA, FL 33610 WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION SUCCESSOR BY MERGER TO FIRST MUTUAL BANK 400 108TH AVENUE NORTHEAST, SUITE 104 (DOWNTOWN BELLEVUE BRANCH) BELLEVUE, WA 98004 DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX 432 VANNELL ST PORT CHARLOTTE, FL 33954 UNKNOWN TENANT N/K/A JANE DOE (REFUSED NAME) 22382 NEW YORK AVE PORT CHARLOTTE, FL 33952 15-03077