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Filing # 179829623 E-Filed 08/16/2023 04:53:43 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA
COUNTY, FLORIDA GENERAL JURISDICTION DIVISION
LAKEVIEW LOAN SERVICING, LLC
Plaintiff, CASE NO:
-Vs-
VIACHESLAV CHUBAROV; HANNA
CHUBAROVA A/K/A HANNA CHUBARAVA;
UNKNOWN SPOUSE OF VIACHESLAV
CHUBAROV; UNKNOWN SPOUSE OF
HANNA CHUBAROVA A/K/A HANNA
CHUBARAVA; GRAMERCY FARMS
MASTER ASSOCIATION, INC.; UNKNOWN
TENANT 1, UNKNOWN TENANT 2,
Defendant(s)
VERIFIED COMPLAINT
TO FORECLOSE MORTGAGE
COUNT I
MORTGAGE FORECLOSURE
Plaintiff, LAKEVIEW LOAN SERVICING, LLC, sues Defendants, VIACHESLAV CHUBAROV;
HANNA CHUBAROVA A/K/A HANNA CHUBARAVA; UNKNOWN SPOUSE OF VIACHESLAV
CHUBAROV; UNKNOWN SPOUSE OF HANNA CHUBAROVA A/K/A HANNA CHUBARAVA;
GRAMERCY FARMS MASTER ASSOCIATION, INC.; UNKNOWN TENANT 1, UNKNOWN
TENANT 2, and alleges:
1 JURISDICTION OF THE COURT: This is an action to foreclose a mortgage on real property in
Osceola County, Florida, and pursuant to F.S. §26.012, this Court has jurisdiction of the subject matter
herein.
2 EXECUTION OF NOTE AND MORTGAGE AND CREATION OF LIEN: On March 4, 2019,
VIACHESLAV CHUBAROV executed a Promissory Note to HOME1ST LENDING, LLC. On March
4, 2019, VIACHESLAV CHUBAROV AND HANNA CHUBAROVA, HUSBAND AND WIFE
executed and delivered a Mortgage securing payment of said Note. The Mortgage was recorded on March
14, 2019, in Official Records Book 5491, at Page 2509, as Instrument Number 2019033169, of the Public
Matter No.: FL-001078-22-1
Case No.:
Records of Osceola County, Florida, and mortgaged the property identified in the Mortgage, then owned
by and in possession of the Mortgagor, more fully described as:
LOT 82, GRAMERCY FARMS PHASE 3, ACCORDING TO
THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT
BOOK 23, PAGE(S) 175 THROUGH 177, INCLUSIVE, OF
THE PUBLIC RECORDS OF OSCEOLA COUNTY,
FLORIDA
and commonly known as 4569 Baler Trails Drive, Saint Cloud, FL 34772. A copy of the Note along with
the Affidavit of Compliance are attached herein as Composite Exhibit “A” and a copy of the Mortgage
which is attached hereto and incorporated herein as Exhibit “B”.
3 ASSIGNMENT OF MORTGAGE: The above-described Note and Mortgage were subsequently
assigned to Plaintiff. A true and correct copy of the relevant Assignment of Mortgage is attached hereto
and incorporated herein as Exhibit “C”.
4 RIGHT TO ENFORCE: Plaintiff is entitled to enforce the terms of the note and mortgage
pursuant to Florida Statute 673.3011(3).
5 OWNERS OF PROPERTY: The property is now owned by Defendant(s), VIACHESLAV
CHUBAROV AND HANNA CHUBAROVA A/K/A HANNA CHUBARAVA, HUSBAND AND WIFE:
if living and if dead, the unknown spouses, heirs, and beneficiaries of said Defendant(s), who hold
possession,
6. DEFAULT ON NOTE AND MORTGAGE: There is a default under the terms of the Note and
Mortgage for failure by the original mortgagor, the current property owner, or anyone on behalf of those
liable on the Note and Mortgage to make the payment due on February 1, 2021, and all subsequent
payments.
7. APPROXIMATE AMOUNT DUE AND ACCELERATION: Plaintiff declares the full amount
payable under the Note and Mortgage to be due, together with interest from January 1, 2021, pre-
acceleration late charges, advancements, and all costs of collection including, but not limited to, title
search expense for ascertaining necessary parties to this action and reasonable attorney's fees. The
principal balance due on the Note and Mortgage, as of the date of this Verified Complaint to Foreclose
Mortgage, is $245,218.03. Copies of the Notice(s) of Default are attached hereto and incorporated herein
as Composite Exhibit “D”.
8 ATTORNEY'S FEES: Plaintiff is obligated to pay Plaintiff's attorneys a reasonable fee for their
services. Plaintiff is entitled to recover its attorney’s fees under the terms of the subject mortgage with is
attached hereto as Exhibit “B”.
9. CONDITIONS PRECEDENT: All conditions precedent to the acceleration of the Note and to the
foreclosure of the Mortgage have been met, complied with, and fulfilled prior to bringing the present
foreclosure action.
Matter No.: FL-001078-22-1
Case No.:
10. POSSIBLE SPOUSAL RIGHTS: Defendant, UNKNOWN SPOUSE OF VIACHESLAV
CHUBAROY, is joined by virtue of any right, title or interest said Defendant may claim by virtue of
marriage to Defendant, VIACHESLAV CHUBAROV, and/or by virtue of joining in and executing the
subject Mortgage. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by
Plaintiff.
di. POSSIBLE SPOUSAL RIGHTS: Defendant, UNKNOWN SPOUSE OF HANNA
CHUBAROVA A/K/A HANNA CHUBARAVA, is joined by virtue of any right, title or interest said
Defendant may claim by virtue of marriage to Defendant, HANNA CHUBAROVA A/K/A HANNA
CHUBARAVA, and/or by virtue of joining in and executing the subject Mortgage. Said interest is
subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff.
12. ASSOCIATION RIGHTS: Defendant, GRAMERCY FARMS MASTER ASSOCIATION, INC.,
is joined by virtue of any right, title or interest said Defendant may claim under F.S. §718.116 and/or
§720.3085 or pursuant to the association's declaration or other covenants. Said interest is subject,
subordinate, and inferior to the lien of the Mortgage held by Plaintiff.
13. OCCUPANCY OF THE PREMISES BY TENANTS: Defendants, UNKNOWN TENANT | and
UNKNOWN TENANT 2, are joined by virtue of any right, title or terest said Defendants may claim
as tenants in the property pursuant to a lease agreement, either written or oral. Said interest is subject,
subordinate and inferior to the lien of the Mortgage held by Plaintiff.
14. SUPERIORITY OF PLAINTIFF: The Mortgage of the Plaintiff is a lien superior in dignity to the
right, title, claim of lien or interest of all the Defendants, known or unknown, in this case, or any of them.
WHEREFORE, Plaintiff requests this Honorable Court grant judgment in its favor as follows:
a. Take jurisdiction of the parties hereto and of the subject matter hereof,
b. Order that the lien of Plaintiff s Mortgage is a valid first lien on the Property described and is
superiorto any lien of record;
c. Order foreclosure of the Mortgage, and that all Defendants named herein, their estates and ail
persons claiming under or against them since the filing of the Notice of Lis Pendens, be foreclosed;
d. Determine the amount due Plaintiff under the Note and Mortgage sued upon herein;
e Order that Plaintiff is entitled to recover attorney’s fees and costs incurred in bringing the instant
action;
f Order that if said sum due Plaintiff is not paid in full within the time set by this Court, the Property
be sold by Order of this Court to satisfy Plaintiff s claims;
& Order delivery and possession of the real property to the Purchaser, who shall be responsible for
condominium and/or homeowner association assessments and other charges in accordance with Florida
Statutes §718.116 and §720.3085, respectively and upon proof of the demand or refusal of any Defendant
to vacate and surrender such possession, and the clerk be directed to issue a writ of possession without
further order of this Court;
h. Retain jurisdiction of this cause and the parties hereto to determine Plaintiff's entitlement to a
deficiency judgment and the amount thereof; unless any Defendant personally liable shall have been
discharged from liability under the subject Note pursuant to the provisions of the Bankruptcy Code 11.
U.S.C. §101, et. seq.; and
Matter No.: FL-001078-22-1
Case No.:
L Grant such other and further relief as appears just and equitable under the circumstances.
COUNT I
RE-ESTABLISHMENT OF LOST NOTE
15. This is an action to reestablish and enforce a lost, destroyed, or stolen promissory note pursuant
to F.S.§71.011 and F.S.§673.3091. Additionally, This Court has jurisdiction by virtue of Count I, for
mortgage foreclosure, and its allegations which are incorporated herein, with the same force and effect
as if more fully set forth herein.
16. Plaintiff, LAKEVIEW LOAN SERVICING, LLC is an interested party in that it is the current
owner of the Note and has acquired the right to enforce the Note from the party who was in possession
of and entitled to enforce the Note when loss of possession occurred.
17. The Mortgage was recorded in OSCEOLA County, as alleged in Count I above, and therefore
venue is in this County.
18. ELEMENTS OF FACT:
(a) On March 4, 2019, VIACHESLAV CHUBAROV executed and delivered a Promissory
Note to Plaintiff's predecessor in interest in the principal amount of $253,332.00. A copy of said Note
attached as Exhibit “A” is a true copy of the lost or destroyed document.
(b) Plaintiff is the current owner of the Note. However, Plaintiff is not in possession of the
original Note, and Plaintiff cannot reasonably obtain possession of said Note because it is lost, stolen or
destroyed.
(c) The loss of possession of the subject Note was not the result of a lawful transfer or due to
lawful seizure.
@) Plaintiff will prove the terms and conditions of the subject Note.
() Plaintiff cannot reasonably obtain possession of the instrument as its whereabouts cannot
be determined.
@ The persons named in the Complaint are the only persons known to Plaintiff who are
interested for or against the reestablishment of the lost Note. Said reestablishment will not prejudice any
party to this cause of action.
(g) Plaintiff will indemnify third parties against future unlawful enforcement of the subject
Note.
WHEREFORE, Plaintiff prays
1 That this Court enter a Judgment re-establishing the lost Note.
2. That this Court award Plaintiff its costs and attorney’s fees in connection with this action
as provided in the Mortgage;
Matter No.: FL-001078-22-1
Case No.:
3 That this Court award to Plaintiff such additional relief as t may deem proper.
DATED this day of 0 sh x 2023
VERIFICATION PURSUANT TO FR.C.P. 1.115(e)
Under penalty ofperjury, J declare that I have read the foregoing, and the facts alleged therein are true and correct to
the best of my knowledge and belief. I declare that to the best of my knowledge and belief the following facts are also true
and correct:
1 The Plaintiff is entitled to enforce the note and mortgage.
2. The allegations regarding default are true and accurate.
3. Any notice(s) required pursuant to the terms of the note and mortgage has/have been sent.
4. The Plaintiff has retained the law firm of Quintairos, Prieto, Wood & Boyer, P.A. in this action and is obligated to
pay its attomeys fees and costs for services rendered herein. Pursuant to the terms ofthe note and mortgage Plaintiffis entitled
to an award of attorney’s fees.
LAKEVIEW LOAN SERVICING, LLC BY LOANCARE, LLC AS
ATTORNEY IN FACT UNDER A LIMITED POWER OF ATTORNEY
Name: Ovten id __ Antoine Hurdle
Title: Assistant Secretary
Date: Ss[a3
State of
VIRGINIA
City/County of VIRGINIA BEACH
The foregoing instrument was acknowledged before me by means of Mfhysical presence or [J online notarization,
this $day of Aus 2023, by_ Antoine Hurdle ___. of LOANCARE, LLC, AS
ATTORNEY-IN-FACT UNDER A LIMITED POWER OF ATTORNEY FOR LAKEVIEW LOAN SERVICING, LLC, on
behalf of said entity, He/she is personally known to me or has produced. 4 as
identification.
‘ol Public
LINDA ANN BROWN
Name typed, printedor stamped
My Commission Expires:
Kelley L. Church
C
LINDA ANN BROWN Kelley L. Church, Esq. (FL Bar No.100194)
" Notary Public Quintairos, Prieto, Wood & Boyer, P.A.
# Commonwealth of Vir
5 ginia 255 S. Orange Ave., Ste. 900
egistration No, 7824757
My Commission Expires March 4, Orlando, FL 32801-3454
2097 Phone: (855) 287-0240
Facsimile: (855) 287-0211
E-mail: servicec ies wblaw.com,
Matter No,: FL-001078-22-1
Case No.:
EXHIBIT A
AFFIDAVIT OF COMPLIANCE
STATE OF
COUNTY/CITY OF
BEFORE ME, the undersigned authority, personally appeared
Paola-WeirRios who, after being first duly sworn, deposes and states, under penalty
of perjury:
1 1 am the Plaintiff LAKEVIEW LOAN SERVICING, LLC. I am executing this affidavit in
support of Plaintiff's Complaint against Defendant(s) and I have personal knowledge of the
matters set forth herein.
On March 4, 2019, the public records reflect that Defendant executed and delivered a mortgage
securing the payment of the note to HOME1ST LENDING, LLC. The mortgage was recorded on
March 14, 2019, in Official Records Book 5491, at Page 2509, as Instrument Number
2019033169, of the Public Records of Osceola County, Florida, and mortgaged the property
described therein, which was then owned by and in possession of the mortgagor, a copy of the
mortgage and the note being attached as Exhibit “A”.
Plaintiff is not in possession of the note but is entitled to enforce it.
Plaintiff cannot reasonably obtain possession of the note because the note is destroyed.
When loss of possession occurred, plaintiff was the holder of the original note secured by the
mortgage.
Plaintiff has directly or indirectly acquired ownership of the note from a person entitled
to enforce the note when loss of possession occurred as follows: the original Note was
lost while in the possession of HOME1ST LENDING, LLC as reflected in the Lost Note
Affidavit executed by Deutsche Bank National Trust Company on behalf of Homelst
Lending, LLC attached as Exhibit “B”.
Below is the clear chain of the endorsements, transfers, allonges or assignments of the
note and all documents that evidence same as are available to Plaintiff. Correct copies of
the foregoing documents are attached to this affidavit.
A. Endorsement Allonge to Note: from Home!st Lending, LLC to United Wholesale Mortgage.
B. Assignment of Mortgage from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC., AS MORTGAGEE, AS NOMINEE FOR HOMEIST LENDING, LLC to LAKEVIEW
LOAN SERVICING, LLC dated February 16, 2022 and recorded on February 16, 2022 in
Official Records Book 6152, at Page 19 of the Public Records of Osceola County, Florida.
8 Plaintiff did not transfer the note or Jose possession of it as the result of a lawful seizure.
Ve
APEIANT SAYETH NAUGHT.
EU-23
[Fowl
Paola Weir Rios Assistant Secretary
LAKEVIEW LOAN SERVICING, LLC BY LOANCARE, LLC AS ATTORNEY IN FACT UNDER A LIMITED
POWER OF ATTORNEY
VIRGINIA
State of
County/City of VIRGINIA BEACH
The foregoing instrument was sworn to (or affirmed), under penalty of perjury, and acknowledged
before me this // day of Tpey Weir Rios
2023, by ___pagia as
Assistant Secretary of LOANCARE, LLC, AS ATTORNEY-IN-FACT UNDER A LIMITED
POWER ATTORNEY FOR LAKEVIEW LOAN SERVICING, LLC on behalf of said entity.
4F
LL
f
a ie SN. ye
Notary Public, State of
My Commission Expires: B-
3} -2>
LINDA ANN BROWN
Notary Public
4
1 Commonwealth of Virginia
Registration No. 7824757
My Commission Expires March 3, 2027]
NOTE
Sev.
NOTICE: THIS LOAN IS NOT ASSUMABLE
WITHOUT THE APPROVAL OF THE
DEPARTMENT OF VETERANS AFFAIRS OR ITS
AUTEBORIZED AGENT.
WARCH ¢, 2019 ORLANDO, FLORIDA
te] [Ci] [State]
4565 BALER TRAINE OR, SAIEY CLOUR, PL 24772
(Property Address]
1, BORROWER'S PROMISE TO PAY
in return for a loan that I heve received, I promise to pay U.S. $253,332.00 (this amount is called
"Principal", plus interest, to the order of the Lender, The Lender is HOMBIST LENDING, LLC. Twill make all
payments under this Note in the form of cash, check or moncy order.
understand thet the Lender mey transfer this Note. The Lender or anyone who tekes this Note by transfer
end whe is entitled to receive payments under this Note is called the "Nate Helder.”
2L.EINTEREST
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 4.125%,
‘The interest rate required by this Section 2 is the rate I will pay both before and after any defeult described
in Section 6(B) of this Note.
4. PAYMENTS
(A) Time end Pisce of Payments
I wilt pay principal and intezest by making a payment every month,
Iwill make my monthly payment on the first day of cach month beginning on MAX 1, 2619.1 will make
these payments every month until I have paid all of the prinsipal end interest end any other charges described below
that I may owe under this Nate. Each monthly payment will be applied as of its scheduled due date and will be
appliedto interest before Principal. If, on AERIL 1, 2049, I still owe amounts under this Note, Lwill pay those
amounts in full on that date, which is called the "Maturity Date.”
Twill meke my monthly peyments2t315 EABT ROBINSON STEERT SUITS 325 , ORLANDO, PL
22804 orata different plese if required by the Note Holder,
@) Amount of Monthly Payments
‘ify monthly payment wilt be in the emount of U.S, $1,227.78.
A FIXED RATE NOTE Single Family~Fannie MaFredaie Mes UNIFORM INSTRUMENT Farm 3220 101 Modified for VA
> 219352
EXHIBIT A
a a
4 BORROWER'S RIGHT TO PREPAY
Theve the right to make pryments of Principal at any time before they are due, A payment of Principal only
is known es a “Prepeynient." When I make s Prepayment, I will tell the Note Holder in uriting that I am doing s2. 1
may not designate e payment as a Prepayment if [ have not made all the monthly peymwents duc under the Note.
Imay moke a full Prepsyment of partial Prepeyments without paying a Prepayment charge. A partial
Prepayment must be in an amount aot less than the next monthly principel payment or $100, whichever is jess. The
Note Holder will use my Prepeyments to reduce the amount of Principel that I owe under this Note. However, the
Note Holder may apply my Prepayment to the ecorsed end unpaid interest on the Prepayment amount, before
applying my Prepaymeat to reduce the Principal amount of the Note, A full Prepayment will be credited on the date
seceived hy the Note Holder and no interest will be charged after thet date. A partial Prepayment will be credited by
the next payment due date or 30 days afer the Prepayment is received by the Note Holdes, whichever i earlier. IfT
amake « partial Prepayment, there will be no changes in the due date or in the amount of my monthly peyment anless
the Note Holder agrees im writing to those changes,
5. LQAN CHARGES
Ife law, which applies to this loan and which sets mucimum loan charges, is finally interpreted so that the
interestor other loan charges collected a to be collectedin connection with this loan exceed the permitted limits,
then: {¢} any such foan cherge shall be reduced by the amount neocssary to reduce the change to the permitted limit;
and (b) any sums already collected from me which exceeded permitied limits will be refunded to me, The Note
Holder mey choose to make this refund by reducing the Principal ] owe under this Noteor by making a dircot
payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment.
6 BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdve Payments
If the Note Holder hes not received the full amount of any monthly payment by the end of25 calender days
efter the dete it is due, I will pay a late charge to the Note Bofder, The amount of the charge will be 4.000% of my
overdue payment, unless such amount exceeds the maximem amount allowed by epplicabie state Jaw, in which ease
the Lender may collest the maxiraum amount allawed by such law. I will pey this late charge promptly but only
once on cach Iste payment.
) Default
If
i do not pay the full amount of each monthly paymenton the date it is due, I will be in default.
{C} Notice of Default
If Lem in default, the Note Holder may send me thet if I do not pay the overdue
mie a written notice telling
amount by a cestain date, the Note Holder may require me to pay immediately the full amount of ‘Principal which
hes not been paid and ell 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.
@)} No Waiver By Note Eukier
Even if, at a time when J am in default, the Note Holder does not requireme to pay immediatelyin full as
described above, the Note Holder will still have the right to do so if 1 am in default at a Jaler time.
&) Payment of Note Holder's Costa and Expenses
If the Note Holder has cequired me ta pey immediately in full es 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, fer example, reasonable attorneys’ fees.
FLORIDA FIXED RATE NOTE~Singhe Pamiy—Fannte MeeFreddie Mac UNIFORM INSTRUMENT Form 32i0 1/04 Modifird
far VA,
BD 29352 2 4
a a
4, GEVING OF NOTICES
‘Unless applicable lew requires e different method, any notice that must be given to mo under this Note will
‘be given by defivering it or by mailing it by first claus mail to me at the Property Address above or at 2 differcat
address if] give the Note Holder a notice of my different address.
Any notice that must be given io the Note Holder under this Note wit] be given by delivering it or by
address if
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different
Tam given a notice of that different address.
& OBLIGATIONS OF PERSONS UNDER THIS NOTE
If mote then ong person signs this Note, cach person is fully and personally obligatedto keep all of the
promises mede in this Note, including the promise to pay the full amount owed. Any person who is 4 guerentor,
surety or endosser of this Note is also obligated to do these things. Any person who tekes over these obligations,
including the obligations of e guaranter, surety or endorser of this Noie, is also obligated to keep all of the promises
togde in this Note. The Note Holder may enforce its rights under this Note against each person individually or
ageinst ell of us together. This means that any one of us may be required to pay all of the amounts owed under this
Rote,
S, WAIVERS
and any other pereon who has obligations under this Note waive the rights of Presentment end Notice of
‘Dishonor, “Presentment” means the right to require the Note Holderte demand payment of amounts due. “Noticeof
Dishonor” means the right to require the Note Holder to give notice to other persons that emounts due have not been
paith
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 Morigegs, Deed of Trust or Security Deed (the "Security
Instrument"), dated the same date as this Note, protects the Note Holder Sem 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 I owe under this Note. Some of
those conditions are described as follows:
Tf ell or any part of the Property or eny Interest in the Propecty is sald or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrawer is sold or transferred)
without Lender's orior written consent, Lender may requize Immediate paymen in full of alltsums
securedby this Security Instrument. However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law.
Hf Lender exercises this option, Lender shell give Borrower notice of acceleration. The
notice shall provide @ periad of not less then 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay ail 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.
FLORIDA FIXED RATE NOTE-Single Family—-Faonie MaeiFretdle Mac UNIPORM INSTRU! Form 3210 1/01 ModiSed far VA
SH BIZ
a LL. DOCUMENTARY TAX
a
‘The state documentary tex due on this Note hes bess paid on the morgage securing this indebteciness,
WITNESS THE HANIXS) AND SEAL(S) OF THE UNDERSIGNED.
itera wvU hu tarey! 8 Hone Aetaroe
- BORROWER - VIACHESLAV CEUSAEOV, BY EAMES
»f E mz
ln RO
z IN FACT
{Sign Original Onbyy
individual
Loan Originstor, BACEAEY BLEEWICK,NMUSRID:RELS # ma
»
Loan Originator Organization (Creditor): EOMEIST LEEDING, LLC 215 EAST ROBINSON STREET
SUITE 225 CREAKDO FE 32601, NMLSR ID: meus & QD
A FIXED RATE NOTE—Single Femly—Fannit Mee/Preadie Mae UNIFORM INSTRURE:!
> 219382 Form 3219 1/01 Modified for VA
Lender: Homelst Lending, LLC
Borrower: Viacheslav Chubarov
Property: 4569 Baler Trails Dr, Saint Cloud, FL 34772
Note Amount: $253,332.00
Loan vnc
ENDORSEMENT ALLONGE TO NOTE
This Allonge to Note Is to the certain Note dated March 04, 2019, executed by Viacheslav
Chubarov in the amount of $253,332.00 in favor of Homeist Lending, LLC as Payee. This
Allonge is affixed and becomes a permanent part of said Note.
PAY TO THE ORDER OF
United Wholesale Mortgage
Without Recourse
Homeist Lending, LLC
Signature:
Roy Farris, Lead Funder, Simmons Bank fka Southwest Bank, Attorney In
Fact For Home!st Lending, LLC
Afier Recording Retum To:
UNITED WHCLESALE MORTGAGE, Luc
585 SOUTH BOULEVARD E
PONTIAC,MI 48341.
ATIN: POST CLOSING MANAGER
“This Document Prepared By:
DANIELLE JOSNSOS
UNITED WHOLESALE MORTGAGE, LLC
$85 SOUTH BOULEVARD &
PONTIAC,MI 48341
mz [Space Above This Line For Recording
Data]
MORTGAGE
Many
MER]
PIN:
NOTICE: THIS LOAN IS NOT ASSUMABLE
WITHOUT THE APPROVAL OF THE
DEPARTMENT OF VETERANS AFFAIRS OR ITS
AUTHORIZED AGENT.
DEFINITIONS
‘Words used in multiple sections of this docurnent are defined below and other words are defined in Sections 3, 1},
16,
43, 18, 26 and 21. Certain rules regarding the usageof words used in this document are also provided in Section
{A) "Security Instrument" means this document, which is dated MARCH 4, 2019, together with all Riders to
this document.
VIACHESLAV CHUBAROV END HANNA CHUBARAVA,
(B) "Borrisower" HUSEAND AND WIPE. 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 nomince for Lender and Lender's successors and assigns. MERS Is the mortgagee under this Security
address and telephone number
Instrument. MERS is organized and existing under the laws of Delaware, and has an
of P.O. Box 2026, Flint, ME 48501-2026, tel. (888) 679-MERS.
(@) “Lender” is HOMB1ST LENDING, LLC. Lender is 2 LLC organized and existing under the laws of FL.
FLORIDA -Singic Family- Favale Mae/Freddie Mec UNIFORM INSTRUMENT
© 51038 Page 1 of 14 Forma 3010 1/01
Modified for VA
Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 03/14/2019 03:26:59 PM RECEIPT # 2153826
Rec Fees 180.00 MTG DOC 886.90 INTANGIBLE 506.66 EXTRA NAMES
CFN# 2019033169 BK 5491 PG 2509 PAGE 1 OF 21
Lend ress is 315 BAST ROBINSON STREBT SUITE 325, ORLANDO, FL 32801.
(©) "Note" means the promissory note signed by Borrower and dated MARCH 4, 2019. The Note states that
Borrower
owes Lender THO HUNDRED FIPTY-THREE THOUSAND THREE HUNDRED THIRTY-TWO AND
00/100 Dollars (U.S. $253 , 332.00) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than APRIL 2, 2049.
"Preperty" means the property that is described below under the heading “Transfer of Rights in the Property.
{G) “Loan” means 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.
(GH) "Riders" means all Riders to this Security Instrement that are executed by Borrower. The following Riders are
to be executed by Borrower [check box es applicable];
Cl AdjustableRate Rider O Condominium
Rider DSecond Home Rider
O)Balloon Rider @Ptanned
Unit Development Rider OBiweekly Payment Rider
O1-4 Family Rider OD Other(s) [specify]
VA Rider
@) “Applicable Law" means all controlling applicable federal, state and local statutes, ns, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
@) "Community Association Dues, Fees, and Assessments" means all dues, foes, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
‘organization.
K) *Electronfe Funds Transfer" means any transfer of funds, other than a trensaction originated by chock, draft,
or simifar 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 {tems means those items that are described in Section 3,
(M) Miscellaneous Proceeds” means settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described in Section 5) for: (3) damage to, or
destruction of, the Property; i) condeannation or other taking of el or any past of the Propertys (iH) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition ‘Property.
@) setae rat ene temmne rte tag Lente tain Semanagneat oe dtet o,f Lome
{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.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 ef seq.) and its implementing
regulation, Regulation X (12 CER. Part 1024), as they might be amended from time to time, or any additional or
successor legislation
or regulation that governs the same subject maties. As used in this Security Instrument,
SRESPA? rer al reqemens an esncion at ringed in ep ta “federally related mortgege 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 sot that
party has assumed Borrower's obligations under the Note and/or Instrument.
FLORIDA Single Fomily- Fannie Mac/Freddie Mac UNIFORM INSTRUMENT
& 2735 Page2 of 14 ‘Form 3018 101
a
Modified for VA
CFN# 2019033169 OFFICIAL RECORDS O DOC_TYPE MTG BK 5491 PG 2510 PAGE 2 OF 21
~.
a TRANSFER OF RIGHTS IN THE PROPERTY
a
This Security Instrument secures to Lender: (i) the repayment of the Loan, and alf rencwals, 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 COURTY of OSCEOLA:
SEE ATTACHED
which currently has the address of 4569 BALER TRAILS DR, SAINT CLOUD, Florida 34772 ("Property
Address”):
TOGETHER WITH all 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 shal! also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument es the "Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
Security instrament, 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 Timited to, the right
to foreclose and sell the Property; and to teke any action required of Lender including, but not limited to, releasing
and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
Fight to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borro' "wer waltants 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 COVENANTS. Borrower and Lender covenant and agreeas follows:
1. Payment of Principal, Ini terest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when du 1¢ the principal of, an 1d interest on, the debt evidenced by the Note and any prepayment charges
and
ate charges dite u nderthe Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments
due under the Note and this Security Instrument shal] be sade 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 al] subsequent payments due under the Note and thi: is Security Instrument be made in
‘one or more of the following forms, as sclected by Lender: (a) cash; (b) money order;
(©) 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, instrumentali ty, or entity; or (4) Electronic Funds Transfer.
such
Payments are deemed received by Lender when received at the location designated in the Note or at
Section 15, Lender may
other location as may be designated by Lender in accordance with the notice provisions in
the Loan current.
return any payment or partial payment if the payment or partial payments are insufficientto bring
payment or partial payment insufficient to bring the Loan current, without waiver of any
Lender may accept any
fights hereunder or prejudi iceto its rights te refuse such payment or partial payments in the future, but ‘Lender is not
obligated to apply such payms .erits at the time such payments are accepted. If each Periodic Payment is apptied as of
its scheduled due date, then Lend jer need nat pay interest on unapplied funds. Lender may hold such unapplied funds
FLORIDA -Single Family- Fanoie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 Ur
& NS Page3 of 14 Modifted for VA.
CEN# 2019033169 OFFICIAL RECORDS O DOC_TYPE MTG BK 5494 PG 2511 PAGE 3 OF 21
a 7
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 earlier, 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 due
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 firstto late charges, socond to
any other amounts due under this Security instrument, and then to reduce the principal balance of the Note,
Tf 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 outstanding, Lender may apply any payment received from Borrower to the
yment of the Peciodic Payments if, and to the extent that, each payment 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 shall 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 due 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 2 lien or encumbrance on the
Property; (b) leaschold 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 premiuins, if any, ot any sums payable by
Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of
Sestion 10, These itemsare called "Escrow Items." At origination orat 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 Escrow Item. Borrower sha
Preview
Filing # 179829623 E-Filed 08/16/2023 04:53:43 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION LAKEVIEW LOAN SERVICING, LLC Plaintiff, CASE NO: -Vs- VIACHESLAV CHUBAROV; HANNA CHUBAROVA A/K/A HANNA CHUBARAVA; UNKNOWN SPOUSE OF VIACHESLAV CHUBAROV; UNKNOWN SPOUSE OF HANNA CHUBAROVA A/K/A HANNA CHUBARAVA; GRAMERCY FARMS MASTER ASSOCIATION, INC.; UNKNOWN TENANT 1, UNKNOWN TENANT 2, Defendant(s) VERIFIED COMPLAINT TO FORECLOSE MORTGAGE COUNT I MORTGAGE FORECLOSURE Plaintiff, LAKEVIEW LOAN SERVICING, LLC, sues Defendants, VIACHESLAV CHUBAROV; HANNA CHUBAROVA A/K/A HANNA CHUBARAVA; UNKNOWN SPOUSE OF VIACHESLAV CHUBAROV; UNKNOWN SPOUSE OF HANNA CHUBAROVA A/K/A HANNA CHUBARAVA; GRAMERCY FARMS MASTER ASSOCIATION, INC.; UNKNOWN TENANT 1, UNKNOWN TENANT 2, and alleges: 1 JURISDICTION OF THE COURT: This is an action to foreclose a mortgage on real property in Osceola County, Florida, and pursuant to F.S. §26.012, this Court has jurisdiction of the subject matter herein. 2 EXECUTION OF NOTE AND MORTGAGE AND CREATION OF LIEN: On March 4, 2019, VIACHESLAV CHUBAROV executed a Promissory Note to HOME1ST LENDING, LLC. On March 4, 2019, VIACHESLAV CHUBAROV AND HANNA CHUBAROVA, HUSBAND AND WIFE executed and delivered a Mortgage securing payment of said Note. The Mortgage was recorded on March 14, 2019, in Official Records Book 5491, at Page 2509, as Instrument Number 2019033169, of the Public Matter No.: FL-001078-22-1 Case No.: Records of Osceola County, Florida, and mortgaged the property identified in the Mortgage, then owned by and in possession of the Mortgagor, more fully described as: LOT 82, GRAMERCY FARMS PHASE 3, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE(S) 175 THROUGH 177, INCLUSIVE, OF THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA and commonly known as 4569 Baler Trails Drive, Saint Cloud, FL 34772. A copy of the Note along with the Affidavit of Compliance are attached herein as Composite Exhibit “A” and a copy of the Mortgage which is attached hereto and incorporated herein as Exhibit “B”. 3 ASSIGNMENT OF MORTGAGE: The above-described Note and Mortgage were subsequently assigned to Plaintiff. A true and correct copy of the relevant Assignment of Mortgage is attached hereto and incorporated herein as Exhibit “C”. 4 RIGHT TO ENFORCE: Plaintiff is entitled to enforce the terms of the note and mortgage pursuant to Florida Statute 673.3011(3). 5 OWNERS OF PROPERTY: The property is now owned by Defendant(s), VIACHESLAV CHUBAROV AND HANNA CHUBAROVA A/K/A HANNA CHUBARAVA, HUSBAND AND WIFE: if living and if dead, the unknown spouses, heirs, and beneficiaries of said Defendant(s), who hold possession, 6. DEFAULT ON NOTE AND MORTGAGE: There is a default under the terms of the Note and Mortgage for failure by the original mortgagor, the current property owner, or anyone on behalf of those liable on the Note and Mortgage to make the payment due on February 1, 2021, and all subsequent payments. 7. APPROXIMATE AMOUNT DUE AND ACCELERATION: Plaintiff declares the full amount payable under the Note and Mortgage to be due, together with interest from January 1, 2021, pre- acceleration late charges, advancements, and all costs of collection including, but not limited to, title search expense for ascertaining necessary parties to this action and reasonable attorney's fees. The principal balance due on the Note and Mortgage, as of the date of this Verified Complaint to Foreclose Mortgage, is $245,218.03. Copies of the Notice(s) of Default are attached hereto and incorporated herein as Composite Exhibit “D”. 8 ATTORNEY'S FEES: Plaintiff is obligated to pay Plaintiff's attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorney’s fees under the terms of the subject mortgage with is attached hereto as Exhibit “B”. 9. CONDITIONS PRECEDENT: All conditions precedent to the acceleration of the Note and to the foreclosure of the Mortgage have been met, complied with, and fulfilled prior to bringing the present foreclosure action. Matter No.: FL-001078-22-1 Case No.: 10. POSSIBLE SPOUSAL RIGHTS: Defendant, UNKNOWN SPOUSE OF VIACHESLAV CHUBAROY, is joined by virtue of any right, title or interest said Defendant may claim by virtue of marriage to Defendant, VIACHESLAV CHUBAROV, and/or by virtue of joining in and executing the subject Mortgage. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. di. POSSIBLE SPOUSAL RIGHTS: Defendant, UNKNOWN SPOUSE OF HANNA CHUBAROVA A/K/A HANNA CHUBARAVA, is joined by virtue of any right, title or interest said Defendant may claim by virtue of marriage to Defendant, HANNA CHUBAROVA A/K/A HANNA CHUBARAVA, and/or by virtue of joining in and executing the subject Mortgage. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 12. ASSOCIATION RIGHTS: Defendant, GRAMERCY FARMS MASTER ASSOCIATION, INC., is joined by virtue of any right, title or interest said Defendant may claim under F.S. §718.116 and/or §720.3085 or pursuant to the association's declaration or other covenants. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 13. OCCUPANCY OF THE PREMISES BY TENANTS: Defendants, UNKNOWN TENANT | and UNKNOWN TENANT 2, are joined by virtue of any right, title or terest said Defendants may claim as tenants in the property pursuant to a lease agreement, either written or oral. Said interest is subject, subordinate and inferior to the lien of the Mortgage held by Plaintiff. 14. SUPERIORITY OF PLAINTIFF: The Mortgage of the Plaintiff is a lien superior in dignity to the right, title, claim of lien or interest of all the Defendants, known or unknown, in this case, or any of them. WHEREFORE, Plaintiff requests this Honorable Court grant judgment in its favor as follows: a. Take jurisdiction of the parties hereto and of the subject matter hereof, b. Order that the lien of Plaintiff s Mortgage is a valid first lien on the Property described and is superiorto any lien of record; c. Order foreclosure of the Mortgage, and that all Defendants named herein, their estates and ail persons claiming under or against them since the filing of the Notice of Lis Pendens, be foreclosed; d. Determine the amount due Plaintiff under the Note and Mortgage sued upon herein; e Order that Plaintiff is entitled to recover attorney’s fees and costs incurred in bringing the instant action; f Order that if said sum due Plaintiff is not paid in full within the time set by this Court, the Property be sold by Order of this Court to satisfy Plaintiff s claims; & Order delivery and possession of the real property to the Purchaser, who shall be responsible for condominium and/or homeowner association assessments and other charges in accordance with Florida Statutes §718.116 and §720.3085, respectively and upon proof of the demand or refusal of any Defendant to vacate and surrender such possession, and the clerk be directed to issue a writ of possession without further order of this Court; h. Retain jurisdiction of this cause and the parties hereto to determine Plaintiff's entitlement to a deficiency judgment and the amount thereof; unless any Defendant personally liable shall have been discharged from liability under the subject Note pursuant to the provisions of the Bankruptcy Code 11. U.S.C. §101, et. seq.; and Matter No.: FL-001078-22-1 Case No.: L Grant such other and further relief as appears just and equitable under the circumstances. COUNT I RE-ESTABLISHMENT OF LOST NOTE 15. This is an action to reestablish and enforce a lost, destroyed, or stolen promissory note pursuant to F.S.§71.011 and F.S.§673.3091. Additionally, This Court has jurisdiction by virtue of Count I, for mortgage foreclosure, and its allegations which are incorporated herein, with the same force and effect as if more fully set forth herein. 16. Plaintiff, LAKEVIEW LOAN SERVICING, LLC is an interested party in that it is the current owner of the Note and has acquired the right to enforce the Note from the party who was in possession of and entitled to enforce the Note when loss of possession occurred. 17. The Mortgage was recorded in OSCEOLA County, as alleged in Count I above, and therefore venue is in this County. 18. ELEMENTS OF FACT: (a) On March 4, 2019, VIACHESLAV CHUBAROV executed and delivered a Promissory Note to Plaintiff's predecessor in interest in the principal amount of $253,332.00. A copy of said Note attached as Exhibit “A” is a true copy of the lost or destroyed document. (b) Plaintiff is the current owner of the Note. However, Plaintiff is not in possession of the original Note, and Plaintiff cannot reasonably obtain possession of said Note because it is lost, stolen or destroyed. (c) The loss of possession of the subject Note was not the result of a lawful transfer or due to lawful seizure. @) Plaintiff will prove the terms and conditions of the subject Note. () Plaintiff cannot reasonably obtain possession of the instrument as its whereabouts cannot be determined. @ The persons named in the Complaint are the only persons known to Plaintiff who are interested for or against the reestablishment of the lost Note. Said reestablishment will not prejudice any party to this cause of action. (g) Plaintiff will indemnify third parties against future unlawful enforcement of the subject Note. WHEREFORE, Plaintiff prays 1 That this Court enter a Judgment re-establishing the lost Note. 2. That this Court award Plaintiff its costs and attorney’s fees in connection with this action as provided in the Mortgage; Matter No.: FL-001078-22-1 Case No.: 3 That this Court award to Plaintiff such additional relief as t may deem proper. DATED this day of 0 sh x 2023 VERIFICATION PURSUANT TO FR.C.P. 1.115(e) Under penalty ofperjury, J declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. I declare that to the best of my knowledge and belief the following facts are also true and correct: 1 The Plaintiff is entitled to enforce the note and mortgage. 2. The allegations regarding default are true and accurate. 3. Any notice(s) required pursuant to the terms of the note and mortgage has/have been sent. 4. The Plaintiff has retained the law firm of Quintairos, Prieto, Wood & Boyer, P.A. in this action and is obligated to pay its attomeys fees and costs for services rendered herein. Pursuant to the terms ofthe note and mortgage Plaintiffis entitled to an award of attorney’s fees. LAKEVIEW LOAN SERVICING, LLC BY LOANCARE, LLC AS ATTORNEY IN FACT UNDER A LIMITED POWER OF ATTORNEY Name: Ovten id __ Antoine Hurdle Title: Assistant Secretary Date: Ss[a3 State of VIRGINIA City/County of VIRGINIA BEACH The foregoing instrument was acknowledged before me by means of Mfhysical presence or [J online notarization, this $day of Aus 2023, by_ Antoine Hurdle ___. of LOANCARE, LLC, AS ATTORNEY-IN-FACT UNDER A LIMITED POWER OF ATTORNEY FOR LAKEVIEW LOAN SERVICING, LLC, on behalf of said entity, He/she is personally known to me or has produced. 4 as identification. ‘ol Public LINDA ANN BROWN Name typed, printedor stamped My Commission Expires: Kelley L. Church C LINDA ANN BROWN Kelley L. Church, Esq. (FL Bar No.100194) " Notary Public Quintairos, Prieto, Wood & Boyer, P.A. # Commonwealth of Vir 5 ginia 255 S. Orange Ave., Ste. 900 egistration No, 7824757 My Commission Expires March 4, Orlando, FL 32801-3454 2097 Phone: (855) 287-0240 Facsimile: (855) 287-0211 E-mail: servicec ies wblaw.com, Matter No,: FL-001078-22-1 Case No.: EXHIBIT A AFFIDAVIT OF COMPLIANCE STATE OF COUNTY/CITY OF BEFORE ME, the undersigned authority, personally appeared Paola-WeirRios who, after being first duly sworn, deposes and states, under penalty of perjury: 1 1 am the Plaintiff LAKEVIEW LOAN SERVICING, LLC. I am executing this affidavit in support of Plaintiff's Complaint against Defendant(s) and I have personal knowledge of the matters set forth herein. On March 4, 2019, the public records reflect that Defendant executed and delivered a mortgage securing the payment of the note to HOME1ST LENDING, LLC. The mortgage was recorded on March 14, 2019, in Official Records Book 5491, at Page 2509, as Instrument Number 2019033169, of the Public Records of Osceola County, Florida, and mortgaged the property described therein, which was then owned by and in possession of the mortgagor, a copy of the mortgage and the note being attached as Exhibit “A”. Plaintiff is not in possession of the note but is entitled to enforce it. Plaintiff cannot reasonably obtain possession of the note because the note is destroyed. When loss of possession occurred, plaintiff was the holder of the original note secured by the mortgage. Plaintiff has directly or indirectly acquired ownership of the note from a person entitled to enforce the note when loss of possession occurred as follows: the original Note was lost while in the possession of HOME1ST LENDING, LLC as reflected in the Lost Note Affidavit executed by Deutsche Bank National Trust Company on behalf of Homelst Lending, LLC attached as Exhibit “B”. Below is the clear chain of the endorsements, transfers, allonges or assignments of the note and all documents that evidence same as are available to Plaintiff. Correct copies of the foregoing documents are attached to this affidavit. A. Endorsement Allonge to Note: from Home!st Lending, LLC to United Wholesale Mortgage. B. Assignment of Mortgage from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR HOMEIST LENDING, LLC to LAKEVIEW LOAN SERVICING, LLC dated February 16, 2022 and recorded on February 16, 2022 in Official Records Book 6152, at Page 19 of the Public Records of Osceola County, Florida. 8 Plaintiff did not transfer the note or Jose possession of it as the result of a lawful seizure. Ve APEIANT SAYETH NAUGHT. EU-23 [Fowl Paola Weir Rios Assistant Secretary LAKEVIEW LOAN SERVICING, LLC BY LOANCARE, LLC AS ATTORNEY IN FACT UNDER A LIMITED POWER OF ATTORNEY VIRGINIA State of County/City of VIRGINIA BEACH The foregoing instrument was sworn to (or affirmed), under penalty of perjury, and acknowledged before me this // day of Tpey Weir Rios 2023, by ___pagia as Assistant Secretary of LOANCARE, LLC, AS ATTORNEY-IN-FACT UNDER A LIMITED POWER ATTORNEY FOR LAKEVIEW LOAN SERVICING, LLC on behalf of said entity. 4F LL f a ie SN. ye Notary Public, State of My Commission Expires: B- 3} -2> LINDA ANN BROWN Notary Public 4 1 Commonwealth of Virginia Registration No. 7824757 My Commission Expires March 3, 2027] NOTE Sev. NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTEBORIZED AGENT. WARCH ¢, 2019 ORLANDO, FLORIDA te] [Ci] [State] 4565 BALER TRAINE OR, SAIEY CLOUR, PL 24772 (Property Address] 1, BORROWER'S PROMISE TO PAY in return for a loan that I heve received, I promise to pay U.S. $253,332.00 (this amount is called "Principal", plus interest, to the order of the Lender, The Lender is HOMBIST LENDING, LLC. Twill make all payments under this Note in the form of cash, check or moncy order. understand thet the Lender mey transfer this Note. The Lender or anyone who tekes this Note by transfer end whe is entitled to receive payments under this Note is called the "Nate Helder.” 2L.EINTEREST 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 4.125%, ‘The interest rate required by this Section 2 is the rate I will pay both before and after any defeult described in Section 6(B) of this Note. 4. PAYMENTS (A) Time end Pisce of Payments I wilt pay principal and intezest by making a payment every month, Iwill make my monthly payment on the first day of cach month beginning on MAX 1, 2619.1 will make these payments every month until I have paid all of the prinsipal end interest end any other charges described below that I may owe under this Nate. Each monthly payment will be applied as of its scheduled due date and will be appliedto interest before Principal. If, on AERIL 1, 2049, I still owe amounts under this Note, Lwill pay those amounts in full on that date, which is called the "Maturity Date.” Twill meke my monthly peyments2t315 EABT ROBINSON STEERT SUITS 325 , ORLANDO, PL 22804 orata different plese if required by the Note Holder, @) Amount of Monthly Payments ‘ify monthly payment wilt be in the emount of U.S, $1,227.78. A FIXED RATE NOTE Single Family~Fannie MaFredaie Mes UNIFORM INSTRUMENT Farm 3220 101 Modified for VA > 219352 EXHIBIT A a a 4 BORROWER'S RIGHT TO PREPAY Theve the right to make pryments of Principal at any time before they are due, A payment of Principal only is known es a “Prepeynient." When I make s Prepayment, I will tell the Note Holder in uriting that I am doing s2. 1 may not designate e payment as a Prepayment if [ have not made all the monthly peymwents duc under the Note. Imay moke a full Prepsyment of partial Prepeyments without paying a Prepayment charge. A partial Prepayment must be in an amount aot less than the next monthly principel payment or $100, whichever is jess. The Note Holder will use my Prepeyments to reduce the amount of Principel that I owe under this Note. However, the Note Holder may apply my Prepayment to the ecorsed end unpaid interest on the Prepayment amount, before applying my Prepaymeat to reduce the Principal amount of the Note, A full Prepayment will be credited on the date seceived hy the Note Holder and no interest will be charged after thet date. A partial Prepayment will be credited by the next payment due date or 30 days afer the Prepayment is received by the Note Holdes, whichever i earlier. IfT amake « partial Prepayment, there will be no changes in the due date or in the amount of my monthly peyment anless the Note Holder agrees im writing to those changes, 5. LQAN CHARGES Ife law, which applies to this loan and which sets mucimum loan charges, is finally interpreted so that the interestor other loan charges collected a to be collectedin connection with this loan exceed the permitted limits, then: {¢} any such foan cherge shall be reduced by the amount neocssary to reduce the change to the permitted limit; and (b) any sums already collected from me which exceeded permitied limits will be refunded to me, The Note Holder mey choose to make this refund by reducing the Principal ] owe under this Noteor by making a dircot payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment. 6 BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdve Payments If the Note Holder hes not received the full amount of any monthly payment by the end of25 calender days efter the dete it is due, I will pay a late charge to the Note Bofder, The amount of the charge will be 4.000% of my overdue payment, unless such amount exceeds the maximem amount allowed by epplicabie state Jaw, in which ease the Lender may collest the maxiraum amount allawed by such law. I will pey this late charge promptly but only once on cach Iste payment. ) Default If i do not pay the full amount of each monthly paymenton the date it is due, I will be in default. {C} Notice of Default If Lem in default, the Note Holder may send me thet if I do not pay the overdue mie a written notice telling amount by a cestain date, the Note Holder may require me to pay immediately the full amount of ‘Principal which hes not been paid and ell 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. @)} No Waiver By Note Eukier Even if, at a time when J am in default, the Note Holder does not requireme to pay immediatelyin full as described above, the Note Holder will still have the right to do so if 1 am in default at a Jaler time. &) Payment of Note Holder's Costa and Expenses If the Note Holder has cequired me ta pey immediately in full es 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, fer example, reasonable attorneys’ fees. FLORIDA FIXED RATE NOTE~Singhe Pamiy—Fannte MeeFreddie Mac UNIFORM INSTRUMENT Form 32i0 1/04 Modifird far VA, BD 29352 2 4 a a 4, GEVING OF NOTICES ‘Unless applicable lew requires e different method, any notice that must be given to mo under this Note will ‘be given by defivering it or by mailing it by first claus mail to me at the Property Address above or at 2 differcat address if] give the Note Holder a notice of my different address. Any notice that must be given io the Note Holder under this Note wit] be given by delivering it or by address if mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different Tam given a notice of that different address. & OBLIGATIONS OF PERSONS UNDER THIS NOTE If mote then ong person signs this Note, cach person is fully and personally obligatedto keep all of the promises mede in this Note, including the promise to pay the full amount owed. Any person who is 4 guerentor, surety or endosser of this Note is also obligated to do these things. Any person who tekes over these obligations, including the obligations of e guaranter, surety or endorser of this Noie, is also obligated to keep all of the promises togde in this Note. The Note Holder may enforce its rights under this Note against each person individually or ageinst ell of us together. This means that any one of us may be required to pay all of the amounts owed under this Rote, S, WAIVERS and any other pereon who has obligations under this Note waive the rights of Presentment end Notice of ‘Dishonor, “Presentment” means the right to require the Note Holderte demand payment of amounts due. “Noticeof Dishonor” means the right to require the Note Holder to give notice to other persons that emounts due have not been paith 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 Morigegs, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder Sem 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 I owe under this Note. Some of those conditions are described as follows: Tf ell or any part of the Property or eny Interest in the Propecty is sald or transferred (or if Borrower is not a natural person and a beneficial interest in Borrawer is sold or transferred) without Lender's orior written consent, Lender may requize Immediate paymen in full of alltsums securedby this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Hf Lender exercises this option, Lender shell give Borrower notice of acceleration. The notice shall provide @ periad of not less then 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay ail 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. FLORIDA FIXED RATE NOTE-Single Family—-Faonie MaeiFretdle Mac UNIPORM INSTRU! Form 3210 1/01 ModiSed far VA SH BIZ a LL. DOCUMENTARY TAX a ‘The state documentary tex due on this Note hes bess paid on the morgage securing this indebteciness, WITNESS THE HANIXS) AND SEAL(S) OF THE UNDERSIGNED. itera wvU hu tarey! 8 Hone Aetaroe - BORROWER - VIACHESLAV CEUSAEOV, BY EAMES »f E mz ln RO z IN FACT {Sign Original Onbyy individual Loan Originstor, BACEAEY BLEEWICK,NMUSRID:RELS # ma » Loan Originator Organization (Creditor): EOMEIST LEEDING, LLC 215 EAST ROBINSON STREET SUITE 225 CREAKDO FE 32601, NMLSR ID: meus & QD A FIXED RATE NOTE—Single Femly—Fannit Mee/Preadie Mae UNIFORM INSTRURE:! > 219382 Form 3219 1/01 Modified for VA Lender: Homelst Lending, LLC Borrower: Viacheslav Chubarov Property: 4569 Baler Trails Dr, Saint Cloud, FL 34772 Note Amount: $253,332.00 Loan vnc ENDORSEMENT ALLONGE TO NOTE This Allonge to Note Is to the certain Note dated March 04, 2019, executed by Viacheslav Chubarov in the amount of $253,332.00 in favor of Homeist Lending, LLC as Payee. This Allonge is affixed and becomes a permanent part of said Note. PAY TO THE ORDER OF United Wholesale Mortgage Without Recourse Homeist Lending, LLC Signature: Roy Farris, Lead Funder, Simmons Bank fka Southwest Bank, Attorney In Fact For Home!st Lending, LLC Afier Recording Retum To: UNITED WHCLESALE MORTGAGE, Luc 585 SOUTH BOULEVARD E PONTIAC,MI 48341. ATIN: POST CLOSING MANAGER “This Document Prepared By: DANIELLE JOSNSOS UNITED WHOLESALE MORTGAGE, LLC $85 SOUTH BOULEVARD & PONTIAC,MI 48341 mz [Space Above This Line For Recording Data] MORTGAGE Many MER] PIN: NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. DEFINITIONS ‘Words used in multiple sections of this docurnent are defined below and other words are defined in Sections 3, 1}, 16, 43, 18, 26 and 21. Certain rules regarding the usageof words used in this document are also provided in Section {A) "Security Instrument" means this document, which is dated MARCH 4, 2019, together with all Riders to this document. VIACHESLAV CHUBAROV END HANNA CHUBARAVA, (B) "Borrisower" HUSEAND AND WIPE. 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 nomince for Lender and Lender's successors and assigns. MERS Is the mortgagee under this Security address and telephone number Instrument. MERS is organized and existing under the laws of Delaware, and has an of P.O. Box 2026, Flint, ME 48501-2026, tel. (888) 679-MERS. (@) “Lender” is HOMB1ST LENDING, LLC. Lender is 2 LLC organized and existing under the laws of FL. FLORIDA -Singic Family- Favale Mae/Freddie Mec UNIFORM INSTRUMENT © 51038 Page 1 of 14 Forma 3010 1/01 Modified for VA Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 03/14/2019 03:26:59 PM RECEIPT # 2153826 Rec Fees 180.00 MTG DOC 886.90 INTANGIBLE 506.66 EXTRA NAMES CFN# 2019033169 BK 5491 PG 2509 PAGE 1 OF 21 Lend ress is 315 BAST ROBINSON STREBT SUITE 325, ORLANDO, FL 32801. (©) "Note" means the promissory note signed by Borrower and dated MARCH 4, 2019. The Note states that Borrower owes Lender THO HUNDRED FIPTY-THREE THOUSAND THREE HUNDRED THIRTY-TWO AND 00/100 Dollars (U.S. $253 , 332.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL 2, 2049. "Preperty" means the property that is described below under the heading “Transfer of Rights in the Property. {G) “Loan” means 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. (GH) "Riders" means all Riders to this Security Instrement that are executed by Borrower. The following Riders are to be executed by Borrower [check box es applicable]; Cl AdjustableRate Rider O Condominium Rider DSecond Home Rider O)Balloon Rider @Ptanned Unit Development Rider OBiweekly Payment Rider O1-4 Family Rider OD Other(s) [specify] VA Rider @) “Applicable Law" means all controlling applicable federal, state and local statutes, ns, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. @) "Community Association Dues, Fees, and Assessments" means all dues, foes, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar ‘organization. K) *Electronfe Funds Transfer" means any transfer of funds, other than a trensaction originated by chock, draft, or simifar 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 {tems means those items that are described in Section 3, (M) Miscellaneous Proceeds” means settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (3) damage to, or destruction of, the Property; i) condeannation or other taking of el or any past of the Propertys (iH) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition ‘Property. @) setae rat ene temmne rte tag Lente tain Semanagneat oe dtet o,f Lome {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. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 ef seq.) and its implementing regulation, Regulation X (12 CER. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject maties. As used in this Security Instrument, SRESPA? rer al reqemens an esncion at ringed in ep ta “federally related mortgege 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 sot that party has assumed Borrower's obligations under the Note and/or Instrument. FLORIDA Single Fomily- Fannie Mac/Freddie Mac UNIFORM INSTRUMENT & 2735 Page2 of 14 ‘Form 3018 101 a Modified for VA CFN# 2019033169 OFFICIAL RECORDS O DOC_TYPE MTG BK 5491 PG 2510 PAGE 2 OF 21 ~. a TRANSFER OF RIGHTS IN THE PROPERTY a This Security Instrument secures to Lender: (i) the repayment of the Loan, and alf rencwals, 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 COURTY of OSCEOLA: SEE ATTACHED which currently has the address of 4569 BALER TRAILS DR, SAINT CLOUD, Florida 34772 ("Property Address”): TOGETHER WITH all 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 shal! also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument es the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security instrament, 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 Timited to, the right to foreclose and sell the Property; and to teke any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the Fight to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borro' "wer waltants 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 COVENANTS. Borrower and Lender covenant and agreeas follows: 1. Payment of Principal, Ini terest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when du 1¢ the principal of, an 1d interest on, the debt evidenced by the Note and any prepayment charges and ate charges dite u nderthe Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shal] be sade 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 al] subsequent payments due under the Note and thi: is Security Instrument be made in ‘one or more of the following forms, as sclected by Lender: (a) cash; (b) money order; (©) 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, instrumentali ty, or entity; or (4) Electronic Funds Transfer. such Payments are deemed received by Lender when received at the location designated in the Note or at Section 15, Lender may other location as may be designated by Lender in accordance with the notice provisions in the Loan current. return any payment or partial payment if the payment or partial payments are insufficientto bring payment or partial payment insufficient to bring the Loan current, without waiver of any Lender may accept any fights hereunder or prejudi iceto its rights te refuse such payment or partial payments in the future, but ‘Lender is not obligated to apply such payms .erits at the time such payments are accepted. If each Periodic Payment is apptied as of its scheduled due date, then Lend jer need nat pay interest on unapplied funds. Lender may hold such unapplied funds FLORIDA -Single Family- Fanoie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 Ur & NS Page3 of 14 Modifted for VA. CEN# 2019033169 OFFICIAL RECORDS O DOC_TYPE MTG BK 5494 PG 2511 PAGE 3 OF 21 a 7 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 earlier, 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 due 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 firstto late charges, socond to any other amounts due under this Security instrument, and then to reduce the principal balance of the Note, Tf 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 outstanding, Lender may apply any payment received from Borrower to the yment of the Peciodic Payments if, and to the extent that, each payment 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 shall 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 due 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 2 lien or encumbrance on the Property; (b) leaschold 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 premiuins, if any, ot any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Sestion 10, These itemsare called "Escrow Items." At origination orat 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 Escrow Item. Borrower sha