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Filing # 42743725 E-Filed 06/14/2016 05:07:11 PM
IN THE CIRCUIT COURT OF THE
20TH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE
COUNTY, FLORIDA
CIVIL DIVISION:
CASE NO.:
16001066CA
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff,
vs.
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; RUNDOS
EQUITY, LLC; SUNCOAST SCHOOLS
FEDERAL CREDIT UNION; WASHINGTON
FEDERAL SAVINGS AND LOAN
ASSOCIATION SUCCESSOR BY MERGER TO
FIRST MUTUAL BANK; DAVID J. COX A/K/A
DAVID COX A/K/A DAVID JOSEPH COX;
UNKNOWN TENANT IN POSSESSION OF THE
SUBJECT PROPERTY,
Defendants.
VERIFIED COMPLAINT
The Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, sues the Defendants named in
the caption hereof and alleges:
COUNT I
1 This is an action to foreclose a mortgage on real property in CHARLOTTE County, Florida.
2. On or about May 31, 2005, 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 AND DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX executed and
delivered a promissory note to COLDWELL BANKER MORTGAGE. On or about May 31, 2005,
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 AND DAVID J. COX
A/K/A DAVID COX A/K/A DAVID JOSEPH COX executed and delivered a Mortgage securing
payment of the same to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR COLDWELL BANKER MORTGAGE, which mortgage was recorded in the Official
Records Book 2723, Page 1585, of the Public Records of CHARLOTTE County, Florida and which
15-03077 FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A CYNTHIA T. COX
AJK/A CYNTHIA RAE COX A/K/A CINDY RAE COX A/K/A CINDY
COX A/K/A CINDY R. COX
mortgaged the property described therein, then owned by and in possession of said mortgagor. A copy of
the note and mortgage are attached hereto and made a part hereof.
Plaintiff is the holder of the original note secured by the mortgage.
Defendant(s), RUNDOS EQUITY, LLC, own(s) the property.
There has been a default under the note and mortgage held by Plaintiff in that the payment due March 1,
2014 and all subsequent payments have not been made. Plaintiff declares the full amount due under the
note and mortgage to be now due, except to the extent any part of that amount is or would be subject to a
statute of limitations defense.
All conditions precedent to the filing of this action have been performed or have occurred.
There is now due, owing and unpaid to the Plaintiff as of the date of the filing of this complaint the
following amounts on principal of said note and mortgage: unpaid principal balance: $136,870.90, plus
interest, escrow, title search expenses for ascertaining necessary parties to this suit, title search, title exam,
filing fee, and attorney’s fees and costs.
Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services herein.
Pursuant to the loan documents Plaintiff is entitled to an award of attorney’s fees.
Defendant, as UNKNOWN TENANT in possession of the subject property, may claim some interest in or
lien upon the subject property arising from being in actual possession of same, but interest, if any, is subject
and inferior to the lien of Plaintiff's mortgage.
10 The Defendant, 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 may
claim some interest in or lien upon the subject property by virtue of FINANCIAL OBLIGATION OF
NOTE AND MORTGAGE, which is recorded at Official Records Book 2723, Page 1585 of the Public
Records of CHARLOTTE County. Said interest, if any, is subject and inferior to the lien of Plaintiff's
mortgage.
I The Defendant, DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX may claim some
interest in or lien upon the subject property by virtue of FINANCIAL OBLIGATION OF NOTE AND
MORTGAGE, which is recorded at Official Records Book 2723, Page 1585 of the Public Records of
CHARLOTTE County. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage.
12. The Defendant, WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION SUCCESSOR
BY MERGER TO FIRST MUTUAL BANK may claim some interest in or lien upon the subject property
by virtue of UCC FINANCING STATEMENT, which is recorded at Official Records Book 3067, Page
1382 of the Public Records of CHARLOTTE County and by virtue of UCC FINANCING
STATEMENT AMENDMENT which is recorded at Official Records Book 3598, Page 1167 of the
Public Records of CHARLOTTE County. Said interest, if any, is subject and inferior to the lien of
Plaintiff's mortgage.
13 The Defendant, SUNCOAST SCHOOLS FEDERAL CREDIT UNION may claim some interest in or
lien upon the subject property by virtue of MORTGAGE, which is recorded at Official Records Book
15-03077 FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. 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
2979, Page 1242 of the Public Records of CHARLOTTE County. Said interest, if any, is subject and
inferior to the lien of Plaintiff's mortgage.
14, In the event that the Defendant(s), 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 AND / OR DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX has filed a
petition for relief in the United States Bankruptcy Court, or has received a discharge in bankruptcy,
Plaintiff does not hereby seek a deficiency judgment or any other claim for money due under the note and
mortgage at issue in this action against said Defendant(s). Said Defendant is joined in this complaint solely
to foreclose any interest the Defendant may have in the real property secured by the mortgage attached to
this Complaint.
WHEREFORE, Plaintiff prays as follows:
(a) ‘That this Court will take jurisdiction of this cause, the subject matter and the parties hereto.
(b) That this Court, subject to any applicable statute of limitations, ascertain and determine the sums
of money due and payable to the Plaintiff from the Defendant(s), including without limitation
principal, interest, advances, attorney fees, and costs pursuant to the loan documents.
(c) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien upon the
lands described in Plaintiff's mortgage.
(d) That such lien be foreclosed in accordance with the rules and established practice of this Court,
and upon failure of the Defendants to pay the amount of money found to be due by them to the
Plaintiff, the said land be sold to satisfy said lien.
@) That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest
of the Defendants herein or any person or parties claiming by, through or under them since the
institution of this suit.
® That all right, title or interest of the Defendants or any person claiming by, through or under them
be forever barred and foreclosed.
(g) That this Court grants general relief in this cause as in its discretion might be just and proper
including, but not limited to, a deficiency judgment, if the proceeds of the sale are insufficient to
pay Plaintiff's claim. HOWEVER, IN THE EVENT THAT THE DEFENDANT(S)
CYNTHIA R. COX AND / OR DAVID J. COX HAS FILED A PETITION FOR RELIEF IN
THE UNITED STATES BANKRUPTCY COURT, OR HAS RECEIVED A DISCHARGE
FROM A UNITED STATES BANKRUPTCY COURT, PLAINTIFF DOES NOT SEEK A
DEFICIENCY JUDGMENT OR OTHER CLAIM FOR PAYMENT OF MONEY OWED
UNDER THE SUBJECT NOTE AND MORTGAGE FROM SAID DEFENDANT(S)
SHOULD THE PROCEEDS OF THE SALE BE INSUFFICIENT TO PAY PLAINTIFFS
15-03077 FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A CYNTHIA T. COX
AIK/A CYNTHIA RAE COX A/K/A CINDY RAE COX A/K/A CINDY
COX A/K/A CINDY R. COX
CLAIM. SAID DEFENDANT IS JOINED IN THIS COMPLAINT SOLELY TO
FORECLOSE ANY INTEREST THE DEFENDANT MAY HAVE IN THE REAL
PROPERTY SECURED BY THE MORTGAGE ATTACHED TO THIS COMPLAINT.
LA. R. CIV. P. 1.110(b) VERIFICATIO!
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to
the best of my knowledge and belief.
// AL APR2O 206
Printed name:
Title: Fey recieve Speciaise—
Federal National Mortgage Association (“Fannie Mae”), a
corporation organized and existing under the laws of the
United States of America, by Seterus, Inc., its Attorney-in-
Fact
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
eservice@clegalgroup.com
By: oli 16
Jason A. Sto:
Bar #27077
15-03077 FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. 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
ot iti # sta * secon
ORIGINA May 31, 2005
NOTE
PORT CHARLOTTE Florida
{Date} [city] [State]
22382 NEW YORK AVENUE PORT CHARLOTTE, FI 33952
[Property Address]
1, BORROWER'S PROMISE TO PAY
In return for a loan that I have received, 1 promise to pay U.S, $158,125.75 {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 | will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
T will pay principal and interest by making a payment every month.
I will make my monthly payment on theO1st day of each month beginning on July Ist, 2005 Twill
make these payments every month until I have paid all of the principal and interest and any other charges described below that L
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 . Estill owe amounts under this Note, | will pay those amounts in full on
that date, which is called the Maturity Date."
I will make my monthly payments at 3000 Leadenhall 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
Lhave 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, | will tell the Note Holder in writing that I am doing so. | may not designate a
payment as a Prepayment if I 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 ory
Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note Holder may apply my
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
N(FL} (00 ) Form 3210 1104
VMP MORTGA! ‘ORMS 0)821-72!
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Ib -(307 7
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5. LOAN CHARGES.
Ifa law, which applies to this loan and which sets maximum Joan 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 Fifteen 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
my overdue payment of principal and interest. I will pay this late charge promptly but only once on cach late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default,
(C) Notice of Default
If Lam in default, the Note Holder may send me a written notice telling me that if 1 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 I 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 I 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 1 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 expenst 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 | give the Note
Holder a notice of my different addre'
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 [ am 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 onc of us may be required to
pay ail of the amounts owed under this Note,
9, WAIVERS
T 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.
Form 3240 1/04
BD SNFL) (a005) Page 2 of 3 itis,
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10. UNIFORM SECURED NO TE
‘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 1 do not keep the promises which 1 make in this
Note. That Security Instrument describes how and under what conditions [ may be required to make immediate payment in full
of all amounts I 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 exercise 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
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.
1, 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
Daud 4 (al Seal)
Ly
or
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(Seal)
David J Cox | -Borrower Cynthia R Cox -Borrower
/
PAT0YTHE ORDER OF
(Seal) (Seal)
-Borrower -Borrower
WITHOUT RECOURSE
resident
Fanice\e int, Assistant Vice Pr
gage Gorparation
PHH
(Seal) (Seal)
Borrower Borrower
(Seal) (Seal)
-Borrower -Borrower
{Sign Original Only]
SD SNFLY (0008) Page
3 of 3 Form 3210 1/01
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Executive THE
4@s0% Murcock CHEE 5 BARBARA T. Scurt, CLERK
“minal .
ite 463 CHARLOTTE COUNTY
PL a9946 OR BOOK 02723
Return To: Port Chariots, PGS {585-1600 (16 Pqis))
Col | Banker Mortgage FILE NUMBER 1399675
2007 Bishops Gate Blvd. RECORDED 06/08/2005 G1
Mount Laure! NJ 08054 RECORDING FEES 137.50
NTG DOC SS
INTANGIBLE 3 ee
‘This document was prepared by:
Dorthea Stokes, Coldwell
Banker Mortgage
3000 Leadenha | | Road Mount
Laure} NJ 08054
[Space Above This Line For Recording Data a=
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is datedMay 37, 2005
together with all Riders to this document.
(B) "Borrower" is David J Cox and Cynthia R Cox, HUSBAND AND WIFE
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns, MERS is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) “Lender” is Coldwe!| Banker Mortgage
FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS- Form 3010 1/04
GD, SAIPL) 0205902
Page 1 of 18 “i
VM P MORTGAGE FORMS - (800)521-7281
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[502077
se iat
Lender is a Corporation
organized and existing under the laws of New Jersey
Lender's address is 3000 | eadenhal | oad Mount Laurel NU 08054
(E) "Note" means the promissory note signed by Borrower and datedMay 31, 2005
The Note states that Borrower owes Lender One Hundred Fifty-Eight Thousand One
Hundred Twenty-Five Dollars and Seventy-Five Cents Dollars
(U.S, $158, 125.75 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than June 7st, 2035
(F) 'Property"’ means the property that is described below under the heading “Transfer of Rights in the
Property.
(G) "Loan" incans the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
[2] Adjustable Rate Rider Condominium Rider [2] second Home Rider
Balloon Rider
VA Rider
Planned Unit Development Rider
Biweekly Payment Rider 4 1-4 Family Rider
Other(s) [specify]
(D "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments'' means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone. wire transfers, and automated clearinghouse
transfers
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to. or destruction of, the Property: (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation: or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
Initials
p,sair) (0028}.02 Page
2 of 15 Form 3010 1/04
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(P) "RESPA" means the Real Estate Settleme: Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 R. Part. 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan” even if the Loan does not qualify as a "federally related mortgage
loan” under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS, the following described property located in the COUNTY {Type of Recording Jurisdiction}
of CHARLOTTE {Name of Recording Jurisdiction}
Lot 9, Block 559, Port Charlotte Gibtivisim, Sectim 13, a Sibdivision
aconding to the
plat thereof, recorded in Plat Book 5, Pages 2A throwh 2G, inclusive,
of the Ablic
Recordsof charlotte County, Florida.
Parcel ID Number: which currently has the address of
ve [Street]
22382 NEW YORK A VE NUE,
PORT CHARLOTTE [City], Florida 33952 {Zip Code]
("Property Address"):
TOGETHER WITH aif the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including. but not limited to, releasing and canceling this Security
Instrument.
GDAALFL) 205502 Page
3 of 16
int
ie Form 3010 1/04
se
BORROWER COVENANTS that Borrower is lawtully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record, Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENA NI Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Fund: ‘ansfer,
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hercunder or prejudice to its rights to refuuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied carlicr, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments duc under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstandi Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment
trite
GE SALPL) 008 02 Page
4 of 16 Form 3010 1/04
si vase oe
can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of
one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shal] not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are duc
under the Note, until the Note is paid in full, a sum (the "Funds”) to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiun if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an row Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section, Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay te Lender Funds for any or all row Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any row Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, s the phrase "covenant and agreement”
is used in Section 9. If Borrower is obligated to pay Escrow Items directly. pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its hts under Section 9
and pay stich amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds (o pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
hy
ZD,-BAIFL) (005) 02 Page§ of 168,
CS
oo Form 3010 1/04
ie i 8 i ssc sa se nan
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA,
Preview
Filing # 42743725 E-Filed 06/14/2016 05:07:11 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION: CASE NO.: 16001066CA FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, vs. 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; RUNDOS EQUITY, LLC; SUNCOAST SCHOOLS FEDERAL CREDIT UNION; WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION SUCCESSOR BY MERGER TO FIRST MUTUAL BANK; DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX; UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. VERIFIED COMPLAINT The Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, sues the Defendants named in the caption hereof and alleges: COUNT I 1 This is an action to foreclose a mortgage on real property in CHARLOTTE County, Florida. 2. On or about May 31, 2005, 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 AND DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX executed and delivered a promissory note to COLDWELL BANKER MORTGAGE. On or about May 31, 2005, 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 AND DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX executed and delivered a Mortgage securing payment of the same to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COLDWELL BANKER MORTGAGE, which mortgage was recorded in the Official Records Book 2723, Page 1585, of the Public Records of CHARLOTTE County, Florida and which 15-03077 FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A CYNTHIA T. COX AJK/A CYNTHIA RAE COX A/K/A CINDY RAE COX A/K/A CINDY COX A/K/A CINDY R. COX mortgaged the property described therein, then owned by and in possession of said mortgagor. A copy of the note and mortgage are attached hereto and made a part hereof. Plaintiff is the holder of the original note secured by the mortgage. Defendant(s), RUNDOS EQUITY, LLC, own(s) the property. There has been a default under the note and mortgage held by Plaintiff in that the payment due March 1, 2014 and all subsequent payments have not been made. Plaintiff declares the full amount due under the note and mortgage to be now due, except to the extent any part of that amount is or would be subject to a statute of limitations defense. All conditions precedent to the filing of this action have been performed or have occurred. There is now due, owing and unpaid to the Plaintiff as of the date of the filing of this complaint the following amounts on principal of said note and mortgage: unpaid principal balance: $136,870.90, plus interest, escrow, title search expenses for ascertaining necessary parties to this suit, title search, title exam, filing fee, and attorney’s fees and costs. Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services herein. Pursuant to the loan documents Plaintiff is entitled to an award of attorney’s fees. Defendant, as UNKNOWN TENANT in possession of the subject property, may claim some interest in or lien upon the subject property arising from being in actual possession of same, but interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. 10 The Defendant, 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 may claim some interest in or lien upon the subject property by virtue of FINANCIAL OBLIGATION OF NOTE AND MORTGAGE, which is recorded at Official Records Book 2723, Page 1585 of the Public Records of CHARLOTTE County. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. I The Defendant, DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX may claim some interest in or lien upon the subject property by virtue of FINANCIAL OBLIGATION OF NOTE AND MORTGAGE, which is recorded at Official Records Book 2723, Page 1585 of the Public Records of CHARLOTTE County. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. 12. The Defendant, WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION SUCCESSOR BY MERGER TO FIRST MUTUAL BANK may claim some interest in or lien upon the subject property by virtue of UCC FINANCING STATEMENT, which is recorded at Official Records Book 3067, Page 1382 of the Public Records of CHARLOTTE County and by virtue of UCC FINANCING STATEMENT AMENDMENT which is recorded at Official Records Book 3598, Page 1167 of the Public Records of CHARLOTTE County. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. 13 The Defendant, SUNCOAST SCHOOLS FEDERAL CREDIT UNION may claim some interest in or lien upon the subject property by virtue of MORTGAGE, which is recorded at Official Records Book 15-03077 FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. 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 2979, Page 1242 of the Public Records of CHARLOTTE County. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. 14, In the event that the Defendant(s), 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 AND / OR DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX has filed a petition for relief in the United States Bankruptcy Court, or has received a discharge in bankruptcy, Plaintiff does not hereby seek a deficiency judgment or any other claim for money due under the note and mortgage at issue in this action against said Defendant(s). Said Defendant is joined in this complaint solely to foreclose any interest the Defendant may have in the real property secured by the mortgage attached to this Complaint. WHEREFORE, Plaintiff prays as follows: (a) ‘That this Court will take jurisdiction of this cause, the subject matter and the parties hereto. (b) That this Court, subject to any applicable statute of limitations, ascertain and determine the sums of money due and payable to the Plaintiff from the Defendant(s), including without limitation principal, interest, advances, attorney fees, and costs pursuant to the loan documents. (c) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien upon the lands described in Plaintiff's mortgage. (d) That such lien be foreclosed in accordance with the rules and established practice of this Court, and upon failure of the Defendants to pay the amount of money found to be due by them to the Plaintiff, the said land be sold to satisfy said lien. @) That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest of the Defendants herein or any person or parties claiming by, through or under them since the institution of this suit. ® That all right, title or interest of the Defendants or any person claiming by, through or under them be forever barred and foreclosed. (g) That this Court grants general relief in this cause as in its discretion might be just and proper including, but not limited to, a deficiency judgment, if the proceeds of the sale are insufficient to pay Plaintiff's claim. HOWEVER, IN THE EVENT THAT THE DEFENDANT(S) CYNTHIA R. COX AND / OR DAVID J. COX HAS FILED A PETITION FOR RELIEF IN THE UNITED STATES BANKRUPTCY COURT, OR HAS RECEIVED A DISCHARGE FROM A UNITED STATES BANKRUPTCY COURT, PLAINTIFF DOES NOT SEEK A DEFICIENCY JUDGMENT OR OTHER CLAIM FOR PAYMENT OF MONEY OWED UNDER THE SUBJECT NOTE AND MORTGAGE FROM SAID DEFENDANT(S) SHOULD THE PROCEEDS OF THE SALE BE INSUFFICIENT TO PAY PLAINTIFFS 15-03077 FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A CYNTHIA T. COX AIK/A CYNTHIA RAE COX A/K/A CINDY RAE COX A/K/A CINDY COX A/K/A CINDY R. COX CLAIM. SAID DEFENDANT IS JOINED IN THIS COMPLAINT SOLELY TO FORECLOSE ANY INTEREST THE DEFENDANT MAY HAVE IN THE REAL PROPERTY SECURED BY THE MORTGAGE ATTACHED TO THIS COMPLAINT. LA. R. CIV. P. 1.110(b) VERIFICATIO! Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. // AL APR2O 206 Printed name: Title: Fey recieve Speciaise— Federal National Mortgage Association (“Fannie Mae”), a corporation organized and existing under the laws of the United States of America, by Seterus, Inc., its Attorney-in- Fact 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 eservice@clegalgroup.com By: oli 16 Jason A. Sto: Bar #27077 15-03077 FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. 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 ot iti # sta * secon ORIGINA May 31, 2005 NOTE PORT CHARLOTTE Florida {Date} [city] [State] 22382 NEW YORK AVENUE PORT CHARLOTTE, FI 33952 [Property Address] 1, BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S, $158,125.75 {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 | will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments T will pay principal and interest by making a payment every month. I will make my monthly payment on theO1st day of each month beginning on July Ist, 2005 Twill make these payments every month until I have paid all of the principal and interest and any other charges described below that L 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 . Estill owe amounts under this Note, | will pay those amounts in full on that date, which is called the Maturity Date." I will make my monthly payments at 3000 Leadenhall 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 Lhave 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, | will tell the Note Holder in writing that I am doing so. | may not designate a payment as a Prepayment if I 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 ory Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note Holder may apply my 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 N(FL} (00 ) Form 3210 1104 VMP MORTGA! ‘ORMS 0)821-72! e 1 of 3 Ita Ib -(307 7 oo 5. LOAN CHARGES. Ifa law, which applies to this loan and which sets maximum Joan 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 Fifteen 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 my overdue payment of principal and interest. I will pay this late charge promptly but only once on cach late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default, (C) Notice of Default If Lam in default, the Note Holder may send me a written notice telling me that if 1 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 I 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 I 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 1 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 expenst 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 | give the Note Holder a notice of my different addre' 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 [ am 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 onc of us may be required to pay ail of the amounts owed under this Note, 9, WAIVERS T 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. Form 3240 1/04 BD SNFL) (a005) Page 2 of 3 itis, ee és we ee se i se o 10. UNIFORM SECURED NO TE ‘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 1 do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions [ may be required to make immediate payment in full of all amounts I 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 exercise 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 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. 1, 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 Daud 4 (al Seal) Ly or tA &L Zu 'y J 2s ZL: HO ¢ c (Seal) David J Cox | -Borrower Cynthia R Cox -Borrower / PAT0YTHE ORDER OF (Seal) (Seal) -Borrower -Borrower WITHOUT RECOURSE resident Fanice\e int, Assistant Vice Pr gage Gorparation PHH (Seal) (Seal) Borrower Borrower (Seal) (Seal) -Borrower -Borrower {Sign Original Only] SD SNFLY (0008) Page 3 of 3 Form 3210 1/01 ee % eo it wenn i i Executive THE 4@s0% Murcock CHEE 5 BARBARA T. Scurt, CLERK “minal . ite 463 CHARLOTTE COUNTY PL a9946 OR BOOK 02723 Return To: Port Chariots, PGS {585-1600 (16 Pqis)) Col | Banker Mortgage FILE NUMBER 1399675 2007 Bishops Gate Blvd. RECORDED 06/08/2005 G1 Mount Laure! NJ 08054 RECORDING FEES 137.50 NTG DOC SS INTANGIBLE 3 ee ‘This document was prepared by: Dorthea Stokes, Coldwell Banker Mortgage 3000 Leadenha | | Road Mount Laure} NJ 08054 [Space Above This Line For Recording Data a= MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is datedMay 37, 2005 together with all Riders to this document. (B) "Borrower" is David J Cox and Cynthia R Cox, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns, MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) “Lender” is Coldwe!| Banker Mortgage FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS- Form 3010 1/04 GD, SAIPL) 0205902 Page 1 of 18 “i VM P MORTGAGE FORMS - (800)521-7281 ~ep IN eG vwM [502077 se iat Lender is a Corporation organized and existing under the laws of New Jersey Lender's address is 3000 | eadenhal | oad Mount Laurel NU 08054 (E) "Note" means the promissory note signed by Borrower and datedMay 31, 2005 The Note states that Borrower owes Lender One Hundred Fifty-Eight Thousand One Hundred Twenty-Five Dollars and Seventy-Five Cents Dollars (U.S, $158, 125.75 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June 7st, 2035 (F) 'Property"’ means the property that is described below under the heading “Transfer of Rights in the Property. (G) "Loan" incans the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [2] Adjustable Rate Rider Condominium Rider [2] second Home Rider Balloon Rider VA Rider Planned Unit Development Rider Biweekly Payment Rider 4 1-4 Family Rider Other(s) [specify] (D "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments'' means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone. wire transfers, and automated clearinghouse transfers (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to. or destruction of, the Property: (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation: or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. Initials p,sair) (0028}.02 Page 2 of 15 Form 3010 1/04 << Cfo we et we ese (P) "RESPA" means the Real Estate Settleme: Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 R. Part. 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan” even if the Loan does not qualify as a "federally related mortgage loan” under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY {Type of Recording Jurisdiction} of CHARLOTTE {Name of Recording Jurisdiction} Lot 9, Block 559, Port Charlotte Gibtivisim, Sectim 13, a Sibdivision aconding to the plat thereof, recorded in Plat Book 5, Pages 2A throwh 2G, inclusive, of the Ablic Recordsof charlotte County, Florida. Parcel ID Number: which currently has the address of ve [Street] 22382 NEW YORK A VE NUE, PORT CHARLOTTE [City], Florida 33952 {Zip Code] ("Property Address"): TOGETHER WITH aif the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including. but not limited to, releasing and canceling this Security Instrument. GDAALFL) 205502 Page 3 of 16 int ie Form 3010 1/04 se BORROWER COVENANTS that Borrower is lawtully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENA NI Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Fund: ‘ansfer, Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hercunder or prejudice to its rights to refuuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied carlicr, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments duc under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstandi Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment trite GE SALPL) 008 02 Page 4 of 16 Form 3010 1/04 si vase oe can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shal] not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are duc under the Note, until the Note is paid in full, a sum (the "Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiun if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an row Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay te Lender Funds for any or all row Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any row Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, s the phrase "covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly. pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its hts under Section 9 and pay stich amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds (o pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest hy ZD,-BAIFL) (005) 02 Page§ of 168, CS oo Form 3010 1/04 ie i 8 i ssc sa se nan shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,