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Filing # 42743725 E-Filed 06/14/2016 05:07:11 PM
FEDERAL NATIONAL MORTGAGE ASSOCIATION, IN THE CIRCUIT COURT OF THE
Plaintiff, 20TH JUDICIAL CIRCUIT, IN AND FOR
CHARLOTTE COUNTY, FLORIDA
vs.
CIVIL DIVISION
CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A CASE NO.:
CYNTHIA T. COX A/K/A CYNTHIA RAE COX A/K/A
16001066CA
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
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
eservicet el up.com
By: ZN efile
Jason Springs,
Bar Number: 27077
15-03077
st se
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:
Plaintiff is in possession of the original Promissory Note (“Note”) executed by David J Cox & Cynthi
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: o hans ph A
Affiant Title: Collateral Control Specialist
Date: March 31%, 2016
JIrU 7 FOS9C
sae # te “ 8
ORIGINAL May 31, 2005
NOTE
PORT CHARLOTTE Florida
[Date] {cuy} [State]
22482 NEW YORK AVENUE PORT CHARLOTTE, Ft 33952
[Property Address}
1. BORROWER'S PROMIS E TO PAY
In return for a loan that I have received, I promise to pay U.S. $158, 12: 75 {this amount is called "Principal”),
plus interest, to the order of the Lender. The Lender is Coldwel! Banker Mortgage
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note 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%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A)
Time and Place of Payments
I will pay principal and interest by making a payment every month
I will make my monthly payment on theO7 St day of each month beginning on July 1st 2005 .dwill
muke 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, onJune Ist. 2035 . I still owe amounts under this Note, I will pay those amounts in full on
that date, which is called the “Maturity Date."
I will make my monthly paymentsat 3000 Leadenhal! Roac Mount Laurel, 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
[have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
“Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that [am doing so. T may not designate a
payment as a Prepayment if | have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that { owe under this Note, However, the Note Holder may apply my
the
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce
Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the duc 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
snr) 0005) Form 3210 1/04
MP MORTG: “ORME is002729f) Co .
fr
Page 1 of 3 Initia: CO
5030717
tins se i st
5. LOAN CHARG Ss
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
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I 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 Fi ft an calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00% of
ny overdue payment of principal and interest. [ will pay this late charge promptly but only once on each late payment.
{B) Default
If I do not pay the full amount of cach monthly payment on the date it is due, I 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
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when | am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back 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.
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 Section 3(A) above or at a different address if Lam given a notice of that
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 in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
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 Note.
9. WAIVERS
{and any other person who has oblig: ions under this Note waive the rights of Presentment and Notice of Dishonor.
the
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor™ means
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
Form 3240 1/01
SZ, sNFL) (0005) Page 2 of 3 Initia, oo
we
Jew a 8 e se se sa 4
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 rust, 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 | 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 I owe under this Note. Some of those conditions are described as follow
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 exercise is prohibited by Applicable Law,
If Lender exercis 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
sums 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.
WI ESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
fi“2 j/
Lot A Cal!
David J Cox
(Seal)
“Borrower Cynthia R Cox
kts & ce (Seal)
-Borrower
PAY TO THE ORDER OF
(Seal) (Seal)
“Borrower -Borrower
WITHOUT RECOURSE
Fetent Vice President
anice\G
8 G orporation
(Seal) (Seal)
rower Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
> SNIFL) (0005) Page
3 of 3 Form 3210 4/01
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Filing # 42743725 E-Filed 06/14/2016 05:07:11 PM FEDERAL NATIONAL MORTGAGE ASSOCIATION, IN THE CIRCUIT COURT OF THE Plaintiff, 20TH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA vs. CIVIL DIVISION CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A CASE NO.: CYNTHIA T. COX A/K/A CYNTHIA RAE COX A/K/A 16001066CA 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 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 eservicet el up.com By: ZN efile Jason Springs, Bar Number: 27077 15-03077 st se 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: Plaintiff is in possession of the original Promissory Note (“Note”) executed by David J Cox & Cynthi 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: o hans ph A Affiant Title: Collateral Control Specialist Date: March 31%, 2016 JIrU 7 FOS9C sae # te “ 8 ORIGINAL May 31, 2005 NOTE PORT CHARLOTTE Florida [Date] {cuy} [State] 22482 NEW YORK AVENUE PORT CHARLOTTE, Ft 33952 [Property Address} 1. BORROWER'S PROMIS E TO PAY In return for a loan that I have received, I promise to pay U.S. $158, 12: 75 {this amount is called "Principal”), plus interest, to the order of the Lender. The Lender is Coldwel! Banker Mortgage I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note 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%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month I will make my monthly payment on theO7 St day of each month beginning on July 1st 2005 .dwill muke 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, onJune Ist. 2035 . I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date." I will make my monthly paymentsat 3000 Leadenhal! Roac Mount Laurel, 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 [have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that [am doing so. T may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that { owe under this Note, However, the Note Holder may apply my the Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the duc 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 snr) 0005) Form 3210 1/04 MP MORTG: “ORME is002729f) Co . fr Page 1 of 3 Initia: CO 5030717 tins se i st 5. LOAN CHARG Ss 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 me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I 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 Fi ft an calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00% of ny overdue payment of principal and interest. [ will pay this late charge promptly but only once on each late payment. {B) Default If I do not pay the full amount of cach monthly payment on the date it is due, I 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 certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when | am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back 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. 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 Section 3(A) above or at a different address if Lam given a notice of that 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 in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights 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 Note. 9. WAIVERS {and any other person who has oblig: ions under this Note waive the rights of Presentment and Notice of Dishonor. the "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor™ means right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 3240 1/01 SZ, sNFL) (0005) Page 2 of 3 Initia, oo we Jew a 8 e se se sa 4 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 rust, 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 | 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 I owe under this Note. Some of those conditions are described as follow 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 exercise is prohibited by Applicable Law, If Lender exercis 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 sums 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. WI ESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED fi“2 j/ Lot A Cal! David J Cox (Seal) “Borrower Cynthia R Cox kts & ce (Seal) -Borrower PAY TO THE ORDER OF (Seal) (Seal) “Borrower -Borrower WITHOUT RECOURSE Fetent Vice President anice\G 8 G orporation (Seal) (Seal) rower Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] > SNIFL) (0005) Page 3 of 3 Form 3210 4/01