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Filing # 171067638 E-Filed 04/14/2023 07:16:02 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA
CIVIL DIVISION
US. BANK TRUST NATIONAL CASE NO.
ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY, BUT
SOLELY AS TRUSTEE OF LSF9
MASTER PARTICIPATION TRUST,
Plaintiff,
VS.
SHAWN R
DECKER A/K/A SHAWN
DECKER; SAMANTHA DECKER;
BRECKENRIDGE HOMEOWNER'S
ASSOCIATION, INC; OSCEOLA
COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA; UNITED
STATES OF AMERICA ON BEHALF OF
SECRETARY OF HOUSING AND
URBAN DEVELOPMENT, UNKNOWN
TENANT IN POSSESSION 1;
UNKNOWN TENANT IN POSSESSION
2,
Defendant.
VERIFIED COMPLAINT TO FORECLOSE MORTGAGE
Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER
PARTICIPATION TRUST, sues the Defendant(s) SHAWN R DECKER A/K/A SHAWN
DECKER; SAMANTHA DECKER; BRECKENRIDGE HOMEOWNER'S ASSOCIATION,
INC.; OSCEOLA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA;
UNITED STATES OF AMERICA ON BEHALF OF SECRETARY OF HOUSING AND
URBAN DEVELOPMENT; UNKNOWN TENANT IN POSSESSION 1; UNKNOWN
TENANT IN POSSESSION 2 and states:
COUNT I-MORTGAGE FORECLOSURE
Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER
PARTICIPATION TRUST, sues the Defendant(s) SHAWN R DECKER A/K/A SHAWN
DECKER; SAMANTHA DECKER; BRECKENRIDGE HOMEOWNER'S ASSOCIATION,
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;
INC.; OSCEOLA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
OF HOUSIN G AND
UNITED STATES OF AMERICA ON BEHALF OF SECRETARY
URBAN DEVELOPMENT; UNKNOWN TENANT IN POSSESSION 1; UNKNOWN
TENANT IN POSSESSION 2 and states:
1 This is an action to foreclose a mortgage on real property located in OSCEOLA
County, Florida and by reason thereof the venue for this matter is in OSCEOLA County, Florida.
2. SHAWN R DECKER A/K/A SHAWN DECKER executed and delivered a
Promissory Note (“Note”) dated March 5, 2010, and SHAWN R DECKER A/K/A SHAWN
2010,
DECKER and SAMANTHA DECKER executed and delivered a Mortgage dated March 5,
securing payment of the Note. The Mortgage was recorded on March 16, 2010, in Official
3961 at Page 999 of the Public Records of OSCEOLA County, Florida, and
Records Book
herein to
mortgaged the real property ("Property") described therein, References made
those executing
“Borrower” refers to the individual(s) executing the Note; “Mortgagor” refers to
the Mortgage. True and correct copies of said Note and Mortgage, are attached hereto as Exhibit
"A" and Exhibit "B" respectively.
3 Said Mortgage recorded on March 16, 2010, in Official Records Book 3961 at
by a
Page 999 of the Public Records of OSCEOLA County, Florida was subsequently modified
and a Loan
Loan Modification Agreement with an effective date of September 1. 2018,
Records Book 4480 at Page 710,
Modification Agreement recorded on July 31, 2013, in Official
are attached
of OSCEOLA County, Florida. A copy of said Loan Modification Agreements
hereto as Exhibit “C.”
4. The described subject Mortgage was subsequently assigned to Plaintiff. Copies of
the relevant Assignments of Mortgage are attached as Composite Exhibit “D,”
5 The Plaintiff is a non-holder not in possession of the Note who is entitled to
LLC is the
enforce the instrument pursuant to F.S. §§ 673.3091 or 673.4181, Fay Servicing,
Servicin g, LLC has the authority to
servicer of the loan described in the Note and Mortgage. Fay
t.
initiate the instant foreclosure on behalf of the Plaintiff pursuant to servicing agreemen
the
6 The Mortgage was a purchase money mortgage given to secure a loan for
subsequent right,
acquisition of the Property. The Mortgage is superior in dignity to any prior or
title, claim, lien or interest of the Defendants named herein or any person claiming by, through or
under said Defendants since the institution of this suit.
7Defendants, SHAWN R DECKER A/K/A SHAWN DECKER and SAMANTHA
the Mortgage.
DECKER, is/are the current owner(s) of the real property which is the subject of
8 ‘There has been a default in the payment of the amounts due under the Note,
1, 2020, and all
Mortgage and Loan Modification, in that the payment due for due April
subsequent payments have not been made.
9. Plaintiff has and hereby declares the full amount payable under the Note,
Mortgage and Soan Modification, to be due and payable.
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10. All conditions precedent to filing of this action have been performed or have
occurred.
il. Borrower(s), as maker(s) of the Note, may be held personally liable for a
deficiency, if any, unless Borrower(s) has/have discharged the subject debt in bankruptcy, in
which event no deficiency is or will be sought.
12. There is now due and owing the principal sum of $192,478.85, together with all
sums that may be due for interest, taxes, insurance, escrow advances and/or fees for inspections,
property preservations or other expenses incurred to protect the property, and expenses and costs
of suit including but not limited to filing fees, recording fees, title search and examination fees,
fees due for service of process and such other costs as may be allowed by this Court.
13. 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, which
is attached hereto as Exhibit “B”.
14. Plaintiff has and will incur reasonable attorneys’ fees and therefore, seeks to be
awarded these fees.
15, As a result of the Defendant(s) default of the terms of the Note and Mortgage, the
Plaintiff has been required to retain the undersigned attorneys and is obligated to pay said
attorneys a reasonable fee for their services.
16. Defendants, UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN
s
‘TENANT IN POSSESSION 2, are joined by virtue of any right, title or interest said Defendant
or oral. Said
may claim as tenants in the property pursuant to a lease agreement, cither written
interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff.
17. BRECKENRIDGE HOMEOWNER'S ASSOCIATION, INC., is joined by virtue
of any right, title or interest said Defendant may claim under FS. §§ 718.116 and/or 720.3085 or
te,
pursuant to the association's declaration or other covenants. Said interest is subject, subordina
and inferior to the lien of the Mortgage held by Plaintiff.
18. The Defendant, OSCEOLA COUNTY, A POLITICAL SUBDIVISION OF THE
of
STATE OF FLORIDA, has or claims to have an interest in the aforesaid property by reason
that certain Mortgage recorded March 16, 2010, in Official Records Book 3961, Page 1010 in the
however, any
public records of Osceola County, Florida, in the original amount of $6,052.00,
right title, interest or claim of said Defendant(s) in and to said property is subordina te in time and
inferior in tight to the rights, powers and privileges of the Plaintiff herein, and Plaintiff's
by said
Mortgage is superior in time and right to any and all rights, title and interest claimed
Defendant(s).
19, The Defendant, UNITED STATES OF AMERICA ON BEHALF OF
an
SECRETARY OF HOUSING AND URBAN DEVELOPMENT, has or claims to have
31, 2013, in
interest in the aforesaid property by reason of that certain Mortgage recorded July
Florida, in the
Official Records Book 4480, Page 716 in the public records of Osceola County,
t(s) in
original amount of $29,142.99, however, any right title, interest or claim of said Defendan
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and to said property is subordinate in time and inferior in right to the rights, powers and
privileges of the Plaintiff herein, and Plaintiff's Mortgage is superior in time and right to any and
all rights, title and interest claimed by said Defendant(s). See attached Exhibit “E.”
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment foreclosing
the Mortgage; and (a) enumerating all amounts this Court determines due to Plaintiff pursuant to
said Note and Mortgage and award attorneys’ fees, costs, outstanding principal, interest,
advances (b) ordering the Clerk of the Court to sell the subject property to satisfy the amount due
Plaintiff, in whole or in part; (c) adjudging that the right, title and interest of any party claiming
by, through, under or against any Defendant named herein be deemed inferior and subordinate to
the Plaintiffs Mortgage lien and forever be barred and foreclosed; (d) retaining jurisdiction of
this Court in this action to make any and all further orders and judgments as may be necessary
and proper, including issuance of writ of possession and the entry of a deficiency judgment if the
proceeds of the sale are insufficient to pay Plaintiff's claim (no deficiency judgment shall be
to the
sought against those parties who have discharged the debt in bankruptcy pursuant
provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq, or where a bankruptc y court
only granted Plaintiff or its predecessors-in-interest in rem relief from the bankruptc y automatic
stay; and, (e) for such other and further relief as this Court may deem just and proper,
COUNT IJ-RE-ESTABLISHMENT OF LOST NOTE
Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER
PARTIC IPATIO N TRUST, sucs Defendan t, SHAWN R DECKER A/K/A SHAWN DECKER
and alleges:
20. This is an action to reestablish and enforce a lost, destroyed, or stolen promissory
note pursuant to F.S, §§ 71.011 and 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.
21. Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER
Note when
PARTICIPATION TRUST, is an interested party in that it was entitled to enforce the
who was
loss of possession occurred or has acquired the right to enforce the Note from the party
entitled to enforce the Note when loss of possession occurred.
22. The Mortgage was recorded in Osceola County, as alleged in Count I above, and
therefore venue is in this County.
23. ELEMENTS OF FACT:
@) On March 5, 2010, SHAWN R DECKER A/K/A SHAWN DECKER executed
and delivered a promissory note to Plaintiff or Plaintiff's predeces sor in interest in the principal
as Exhibit
amount of $196,377.00, as alleged in Count I above. The copy of said Note attached
"A" is a true copy of the lost or destroyed document.
(b) Plaintiff is not in possession of the original Note, and Plaintiff cannot reasonably
21-02795FL
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.
(e) 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.
® Plaintiff agrees to indemnify borrowers against third parties for future unlawful
enforcement of the subject Note.
WHEREFORE, Plaintiff requests this Honorable Court enter an order re-establishing
the lost Note.
VERIFICATION
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, and that I am authorized to make this
Verification of Complaint by Fay Servicing, LLC servicer for U.S. BANK TRUST NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF
-
LSF9 MASTER PARTICIPATION TRUST Cae |
Signature:
Name: ‘Prisclila Serrato
Title: ~ Assistant Secretary
Date: APR 06
its
*Pursuant to Fla. R. Jud. Admin. 2,516(b)(1)(A), Plaintiff's counsel hereby designates
primary email address for the purposes of email service as: MRService@mccalla,com
DATED: 3/1/2023
McCalla Raymer Leibert Pierce, LLC
Attorneys for Plaintiff
225 East Robinson Street, Suite 155, Orlando, FL 32801
Telephone: (407) 674-1850
Fax: (321) 248-0420
Email: MRService@mecalla.com
By: 4s/Morgan B Lea
Morgan B Lea
FL Bar # 96405
be
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may
deemed a debt collector and any information obtained may be used for that purpose.
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EXHIBIT A
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR,
OSCEOLA COUNTY
U.S. BANK TRUST NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY, BUT SOLELY AS TRUSTEE
OF LSF9 MASTER PARTICIPATION TRUST,
Plaintiff, vs. CASE NO.
SHAWN R. DECKER A/K/A SHAWN,
DECKER, et al.,
Defendant(s)
AFFIDAVIT OF LOST NOTE
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, this date appeared
personally
Keith Clary of Fay Servicing, LLC as attomey in fact for the Plaintiff herein, who upon being by me first
duly sworn, upon personal knowledge deposes and says:
1 Fay Servicing, LLC is the attorney in fact for Plaintiff and is responsible for accounting
and bookkeeping matters for the Plaintiff and has custody and control over the financial records and
business records involving this loan, including payment applications, escrow disbursements, collections
matters and foreclosure matters. Such books and records are made and kept in the ordinary course of
business.
2. Affiant has personal knowledge of the facts herein set forth based on their business
records.
3 ‘The Plaintiff uses a computer system to keep track of all of its loans. The computer keeps
track of all incoming payments and outgoing disbursements. The computer system is highly accurate and
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eee sews son om po
handles thousands of loans. The computer system is one which is standard in the mortgage industry and
is used by other institutional lenders.
4 Affiant has personal knowledge of the use and accuracy of the computer system.
35 That affiant is employed by the plaintiff herein, and as such makes this affidavit upon
their personal knowledge and competent testimony.
6. That affiant is familiar with the transactions between the parties hereto and has personal
knowledge of the books and records of the plaintiff insofar as the matters are concerned.
7. That the Original note was lost and is not in the custody or control of the Plaintiff.
8 The loan was originated by BUTLER MORTGAGE INC. and below is the chain of
transfers of the Original note:
Butler Mortgage. Inc. to Freedom Mortgage Corporation
via Allonge to Note
Freedom Mortgage Corporatio: to Secretary of Housing and Urban Development
via Allonge to Note
Secretary of Housing and Urban to LSF9 Master Participation Trust
Development via Allonge to Note
LSF9 Master Participation Trust to U.S. Bank Trust, N.A. as Trustee for LSF9 Master
Participation Trust
‘ia Allonge to Note
Butler Mortgage, Inc. to Freedom Mortgage Corporation
via Assignment of Mortgag:
Freedom Mortgage Corporatio to Secretary of Housing and Urban Development
ia Assignment of Mortgage
Secretary of Housing and Urban to LSF9 Master Participation Trust
Development via Assi: nt of Mortgage
LSF9 Master Participation Trust to US. Bank Trust, N.A. as Trustee for LSF9 Master
Participation Tmst
via Assignment of Mortgag:
21-0279SFL.
Lone son open ngensetnceeen sonst
9. Based on the business records attached, the Plaintiff was is possession of the original note
and entitled to enforce it when the loss occurred in accordance to the business records attached hereto.
(Business records of the custodian indicating the Original note was received)
10. Attached is a copy of the Original note.
11. The note has not been endorsed, sold, or given to any other entity or person
12. A thorough search has been made for the note, but Plaintiff has not been able to reasonably
obtain possession of the note because its whereabouts cannot be determined.
13, Plaintiff has caused the records custodian to search the records area for the Original Note.
Additionally, Plaintiff searched Fay’s vault, previous servicer and attorneys.
14. The usual place of storage is with the custodian, which Plaintiff has searched.
15. Plaintiff is the owner of said note and mortgage and holds harmless defendants and
indemnifies defendants should any unknown party seek to enforce the lost note and mortgage against
defendants.
FURTHER AFFIANT SAYETH NAUGHT.
Fay Servicing, LLC as attorney in fact for U.S. BANK
TRUST NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY, BUT SOLELY AS
TRUSTEE oF LSF9 MASTER PARTICIPATION
A
TRUST.
oe
K i ith Clar Assistant Secretar
SWORN TO AND SUBSCRIBED before me, by means of ___ physical presence or ___ online
notarization, this | 7 day of _{ , 2023, by A He Claws who is
personally known to me or produced identification Ne lA
s 7 vn, DANIEL ALVARADO
Notary Public, State of Texas
7) —
NOTARY PUBLIC
Comm. Expires 05-27-2026
Notary 1D 133126375 Print: Daniel Alvarado
Commission Expires: 9-2)? ~2.5
21-0279SFL
eneeneennnonnecpneninnnennemnae
Original.
Rote
meee
Ye
LE oe &
reneprione -
Florida NOTE
THE STATE DOCUMENTARY TAX QUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS
INDI
March 5, 2010
[Dsl
1605 Anorada Bye
Kissimmee, EL 34744
Property Adress
1, PARTIES
Borrower" means each person siging at the end of this Note, and the person's successors and assigns. “Lender” means
Butler Mortgage, Ine
and Ws successors and assigns.
2, BORROWER'S PROMISE TO PAY; INTEREST
1m celorn for a loan received from Lenler, Bocrower promises lo pay the principal sum ofone Hundred winety
Six Thousend Three Hundred Seventy Seven end 00/10
Dollars (U.S. $ 296,377.00 ). plus interest tothe order of Lender. interest will be charged
on unpaid principal
from the date of disbursement of the loan proceeds ty Lender,at the rate of Five and One-Halt
percent ( 5.500 %) per year unl the full amiount of principal has been paid
3. PROMISE TO PAY SECURED
Borrower's promise 1 pay is secured by a gage, deed of trust or similar security Instrument that is dated the same date
a5 ths Note aud ealed the "Security Inte a “The Security instrument protects the Lender from losses which might cesul
Borrower defaults under this Note.
4. MANNER OF PAYMENT
@) Time
Burrowes sal make» onpnen of pig and inst to Leder onthe fist day of ech mon begining, cn
Any pencipal and interest remaining onthe frst day of Apri :
2040 _ wl due nt dv, vies ated “Matority Date,”
) Place
Payment shall bemadeai P.O. Box 8068, Virginia Beach, VA 23450-3068
‘oral such place as Lender may designate in wiring
by notice (o Borrdwer
(©) Amount
Each monthly payment of principalaud tuierest itl be iv dhe amount of U.S. $ 1115.02 This
aimount will be pert of a lenges monthly payment requiredby the Seeucity Instrument, that shall be applied to principal, interest
id other Items i the under described ix the Secusity Instrument.
(D) Allonge to this Note for payment adjustments
IC a0 allange providing for pa adjustivents is executed by Borrower together with this Note, the covenants of
‘he alonge shall be inconparoted into aud stall ameod and supplement the covenants af this Note as if the allonge wece 2 part of
this Note. [Clteck applicable box]
Terateated Payment Atlonge [_Jerowing Equity Atlonge [lowher (specify!
FHA Florida Fed Role Nete- 10/98
2, AL) 219) ed 1078
MORICAGE FORMS. ens.ve
vag vor? 68018736 Dd
mtn niennneoasnesn coop on
bed
5, BORROWER'S RIGHT TO PREPAY.
‘Borrower has the right to pay tli debt evideced by this Note, in whole or in part, without charge or penalty, on the first
day of any month, r ‘accept prepayment on other days ded hat Borrower pr interest on the ammount, prepaid for
there ider of he month to the extent required by Lender and permitted by re lations ot tbe Secretary. If Borrower makes a
partial prepayment. there will be ao changes in the due date or in the amount of the mosthly paywsent unless Lender agrees in
‘writing to those changes.
6, BORROWER'S FAILURE TO PAY
(A) Late Cherge for Overdue Payments
WE Lender has not received the full monthly payment required by the Security Instrument, a8 described in Paragraph
4{C) of this Note, by the end of fifteen calendar days after the payinent is due, Lender niay collect a late charge in the amount
offour and Ne-Thousandthe percent ( 4.000. 9%) of the overdve amount ofeach payment.
B) Defoult
IF Bocrower defaults hy Salling (o pay in full any monthly payment, hen Lender may, except as limited by cegulations
of the Secretary in the case of payment defaulls, require {iiediate payment in full of the pricipal balance remaining due and
all accrvod interest. Lender may chose not to exercise this option without waiving ils rights in the event of any subsequent
default. Jn many eiveumstances regelalions issue by the Secretary will fimit Lender's rights to require imarediate paywwent in
Tull the case of payment defaults. This Note doesnot aulhorze acceleration whea no| permited by HUD regulations. As used
in this Note, "Secrolary” means the Secretary of Housing axd Urban Development or his or her designee.
{C) Payment of Costs snd Expenses
IE Lender has required immediate paynvent in full, as described above, Lender may require Borrower 1o pay costs and
expenses including reasonable and custoniary attorneys" fees for enforcing this Note to the extent not prohibited by applicable
law. Such fees and cosis shall bea terest from the date of disbursement al the sane rate as the principal of this Note.
7, WAIVERS.
Borrower and any other person who has obligations under this Note waive the rights of presentmeat and notice of
dishonor, "Present nt" means the eight to require Lender ta dem payment of amounts due. “Notice of dishonor® means the
right to require Lender ta give notice (v other persons What aruounts due have uot been paid
3. GIVING OF NOTICES
‘Uniess applicable law requires a diferent n nod, any notie that must be given to Borrower under this Note will be given
by delveriog it oF by mailing {by first clas mail to Borsower af the property address above or af a diferent address if
Borrower fas given Lender a notice of Borrower's different address.
‘Any notice that mast be given to Lender under this Note wilt be given by first class m (0 Lender at the address stated in
Paragraph 4(B) or ata different addcess if Borrower Is given a notice ofthat different address.
9, OBLIGATIONS OF PERSONS UNDER THIS NOTE
ire Gran one son signs this Note, each peesos ts fully and personally obligated (o Keep all £ ofendorser
the promises made in
Ibis Note, including the promise to pay the fu ‘amount owed. An son who is ag Nor, of this Noteis
also obliga to dothese ngs. Any’pei hu takes over these obligations, inclu Thc aligns of guano, sre
or endorser of this Note, also obli Pa to he p ai of the promises made ix this Note. ender may enforce is Tighls under ¢h
required 10
Note agains! each person intividvaly or against all signatories together. Any one person signing this Note may
ay al) ofthe amounis owed une tis Note
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
Sh
2 debe
‘Shana Gecker
(Seal)
Bortomee
(Seal)
Borrower
(Seal) (Seal)
eerower “Boerewer
(Sea), eal)
“Borenver
(Sea) Seal)
Borrower Bonoune
DARA wo pnezelz
68018736
Pay to the order of without
recourse this __day of _ 20
Freedom Mortgage Corporation
Stan Moskowiz/cpa.
Treasurer/Chief Financial Officer
riser vos sane
ALLONGE
a
Allonge to that certain note dated: March 5, 2010
In the amount of: $196,377.00
From: BUTLER MORTGAGE, INC
To: Shawn Decker
Property Address: 1605 Anorada Blvd
Kissimmee, Fl 34744
Pay to the order of, without recourse:
FREEDOM MORTGAGE CORPORATION
hy whe
NAME: wale URBAN
TITLE: VICE PRESIDENT
COMPANY: BUTLER MORTGAGE, INC.
sweat nnn sen
ALLONGE TO PROMISSORY NOTE
FOR PURPOSES OF FURTHER ENDORSEMENT OF THE FOLLOWING DESCRIBED
NOTE, THIS ALLONGE IS AFFIXED AND BECOMES A PERMANENT PART OF SAID
NOTE:
NOTE DATE: 3/5/2010 ORIGINAL PRINCIPAL: $196,377
BORROWER NAME: SHAWN DECKER
PROPERTY ADDRESS: 1605 ANORADA BLVD, KISSIMMEE, FL 34744
eenene a mane Kenn ee nen ee Renee nena enaa denen nanan
Pay to the order of the Secretary of Housing and Urban Development, Washington, D.C., and
his/her successors and assigns, without Pag@Rte%® the order of
}ecret the
ary of Housing and Urban Development
of Washington, D.C.,
‘and his/her successors and assigns
‘without recourse this. day of. ——__ 20.
Freedom Mortgage Corporation
Stanley C.
By: Freedom Mortgage Corporation? *®9#en/ lleman
Chiet executive Officer
Name: Stanley C. Middieman
Title: President/Chief Executive Officer Freedom Mortgage Corporation
LOAN: 0005642343
vests woo ennai seen
ALLONGE TO NOTE
Service# T3905ALL
Contro] Number: 9804259001
Allonge to Note Dated: 3/05/10
And Executed by: SHAWN DECKER
Property Address: 1605 ANORADA BLVD, KISSIMMEE, FL 34744-0000
Loan Amount: $196,377.00
Pay to the order of, LSF9 MASTER PARTICIPATION TRUST
Without recourse: SECRETARY OF HOUSING AND URBAN DEVELOPMENT, BY CALIBER
HOME LOANS, INC., AS ATTORNEYIN FACT
By:
bo
Roy Lacey
Title: Authorized Signatory
Prepared By: CASSANDRA K BRUXVOORT
MSE
Decees Suan Ki
your Sbven.0Rv
PAAING
om Lonmannaneernrnenaen ce wn ~
ALLONGE TO NOTE
Service #:
vost TAIN
T/IM ELSI
Control Number: 9804259001
Allonge to Note Dated: 3/05/10
And Executed by: SHAWN DECKER AND AMANDA DECKER, HUSBAND AND WIFE.
Property Address: 1605 ANORADA BLVD, KISSIMMEE, FL 34744-0000
‘Loan Amount: $196,377.00
Pay to the order off U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER
PARTICIPATION TRUST
Without recourse: LSF9 MASTER PARTICIPATION TRUST, BY ITS TRUSTEE U.S. BANK
TRUST, N.A., THROUGH CALIBER HOME LOANS, INC., AS ATTORNEY
IN FACT FOR THE TRUSTEE
By: LD brele | C02 cof,
Brandi Coulter
Title: Authorized Signatory
UCN
9804259004
{Or tso-naus-nay
Prepared By: ANTHONY LOZADA - CALIBER
ecaer sua
CAALNG
epee terrence sevenmcoams snes serene are wee wl
Rapa oy + kes FO 2010087777
Bk 0396) Pas 0999 - 10095 iaees)
TE: 03/14/2010 i 21
HaLCOn THOMPSON, CLERK OF COURT
“LEADING EDGE TITLE
960 South Orlando Avenue
Winter Park, Florida 32789
Een 0
¥ 2.75
TRIS MORIONDO
Pr
Sutler Mortgage, Ine
[Space Above This Line Fer Recording Data)
‘State of Florida MORTGAGE
After Recerdation Return To:
Freedos Mortgage Corporation
Attn: Final Oocuments
P.0. Box 8001
sishers, IN 46038-8002
a
‘THIS MORTGAGE ("Security Instrument’) is givenon March S, 2010
‘The Morigagor is Shaun Decker and Samantha Decker, husband and wife.
«whose adressis
1605 Anorada Blvd, Kissinmee, cL 3a74e
(CBorrovwer*), This Security Snstrument is given to Morigage Electronic Registration Systems, Inc. (‘MERS"),
(Golely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), 35
organized and existing under the laws of Delaware, and has an address and | (@ephone number of B.O. Box 28,
Flini, MI 48501-2026, tel. (888) 679-MERS. Butler Mortgage, ine
(Lender) is oxganized and existing under the lawsof In the State of Florida and
has an address of 1.012 @ Emmett Street, Ste 8, Kissinnee, FL 34741
«Borrower ovres Lender the principal sum of
one Sundred Ninety Six Thousand Three Kundred Seventy Seven end 00/200
Dollars (U.S. $196, 377.90 .
This debt is evidenced by Borrower's note dated the same dale as this Security Instrument ("Note"), which
provides for monthly payments. with the full deb, {fot pald earlier, ue and payable on April 1, 2040
by the
«This Secarity Instrument soceres to Lender: (a) the repayment of the debt evidenced sums,
Note, with interest, and all renewals, extesisions and modifications of the Note; (b) the payment of all other
‘with inlerest, advanced under paragraph 7 to protect the security ofthis Secerity Insirement: and (c) the performance
FHA Florida Mortgage with MERS - 499
ze
aar OTN
388 Sa.
FORMS: (ais200281
oe errr seein soo cos se soon en oe
of Borrowes's covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower
Joes hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and
assigns) and to the successors of MERS, the following described property located in
Osceola ‘County, Florida:
SEE LEGRE DESCATPTION ATTACHED HERETO AND MADE A PART HEREOF
which has the addressof 1605 Anorada Blvd
Kissinnes (cry), Flotida’ 2744 (ip Code) (Property aasies)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances and fixtures now or heseafler 2 part of the property. All replacersents and additions shall also
covered by this Security Instrument. All ofthe foregoing is referred to in this Security Instrument asthe “Property
Borrower understands and agrees that MERS holds only legal tile to the interests granted by Borrower in this
Security Instrument: but, 1f to comply with law or custom, MERS, (as nominee for Lender and Lender's
‘successors and assigns). has the right: o exercise any or all of thase 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 or
canceling this Security Instrument.
BORROWER COVENANTS that Bocrower is lawfully seized of the estate hereby conveyed and has the right to
smorigage, grant and convey the Property aud thet the is unencumbered, except for encumbrances of record.
Borrower warrants end wil it defend generally the tile fobedn operty against all claims and demands, subject to any
encumbrances of record.
‘THIS SECURITY INSTRUMENT combines uniform covenants for national use and nor-umiform covenants
‘with Kimited variations by jurisdiction to consitate a uniform security instrursent covering real property.
Borrower and Lender covenant and agreeas follows:
UNIFORM COVENANTS.
1, Poyment of Principal, Interest and Lete Charge. Borrower shall pay when due the principal of, and
Interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges, Borrower shall include in each monthly
payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property. (b) ieasehold payments or ground reats on the
Property, and (c) premiums for insurance required under paragraph 4, In any year in which the Lender must pay «
rmorigage insurance premium (o the Secretary of Housing and Urban Developinent ("Secretary"). or in aay year in
which such premium would have been required if Lender still held the Security Instrument, eack monthly payment
shall also include either: 4 sum forthe annual mortgage inserance premium (0 paid by Lender to the Secretary,
or (i) a monthly charge instead of a morigage insurance premium if this Security Instrument is heldby the Secretary,
in a reasonable amount to be determined by the Secretary. Except for the monthly charge by te
items are cal ed “ the sums paid to Lender are called " a
SNE e02] Page Bot
o ws sso es ws ose |
Lender may. at any time, collect and bold amounts for Escrow Stems In an a ‘amount not to exceed the
‘maximum amount that may be requiced for Borrower's escrow account under the Real Estate Settlement Procedures
‘Act of 1974, 12 U.S.C. Section 2601 ef soq. and implementing regulations, 24 CFR Part 3500, as they may be
‘amended from time to time ("RESPA"). except that the cushion or reserve permilted by RESPA for unanticipated
disbursements or disbursements before the Borrower's payments are available in the account may not be based on
amounts due forthe mortgage insurance premium,
1 the amounts beld by Lender for Escrow Tlems exceed the amounts permed to be held by RESPA, Lendes
shall account o Borcower far the excess funds as required hy RESPA. If the amounts of funds held by Lender at any
time are not sufficient to pay the Escrow Items when due, Lenfer may nol the Borrowerand require Borrower (0
make up the shortage as permitted by RESPA.
‘The Escrow Funds are pledged 2s 5} security for all sums by this Security
‘Borrower tenders lo Lender the full payment of all such sums, Borrower's accoant shall be credited with the balance
remaining for all installment items (2), (), and (€) and any morigage insurance premium installment that Lender has
not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Immediately prior to a foreciosare sale of the Property or its acguision by Lender, Borrower's account shall be
credited wilh any balance remaining forall installments for items (@).(t),-and (c).
43. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lenderas follows:
to dae mortgege insurance premmium to be pald by Lenderto the Secretary or tothe monthly charge by the
Secrelary instead of the monthly eorigage insurance premium;
‘Second, to any taxes, special assessments, leasehold payme
Preview
Filing # 171067638 E-Filed 04/14/2023 07:16:02 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION US. BANK TRUST NATIONAL CASE NO. ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTICIPATION TRUST, Plaintiff, VS. SHAWN R DECKER A/K/A SHAWN DECKER; SAMANTHA DECKER; BRECKENRIDGE HOMEOWNER'S ASSOCIATION, INC; OSCEOLA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; UNITED STATES OF AMERICA ON BEHALF OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT, UNKNOWN TENANT IN POSSESSION 1; UNKNOWN TENANT IN POSSESSION 2, Defendant. VERIFIED COMPLAINT TO FORECLOSE MORTGAGE Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTICIPATION TRUST, sues the Defendant(s) SHAWN R DECKER A/K/A SHAWN DECKER; SAMANTHA DECKER; BRECKENRIDGE HOMEOWNER'S ASSOCIATION, INC.; OSCEOLA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; UNITED STATES OF AMERICA ON BEHALF OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNKNOWN TENANT IN POSSESSION 1; UNKNOWN TENANT IN POSSESSION 2 and states: COUNT I-MORTGAGE FORECLOSURE Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTICIPATION TRUST, sues the Defendant(s) SHAWN R DECKER A/K/A SHAWN DECKER; SAMANTHA DECKER; BRECKENRIDGE HOMEOWNER'S ASSOCIATION, 21-02795FL ; INC.; OSCEOLA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA OF HOUSIN G AND UNITED STATES OF AMERICA ON BEHALF OF SECRETARY URBAN DEVELOPMENT; UNKNOWN TENANT IN POSSESSION 1; UNKNOWN TENANT IN POSSESSION 2 and states: 1 This is an action to foreclose a mortgage on real property located in OSCEOLA County, Florida and by reason thereof the venue for this matter is in OSCEOLA County, Florida. 2. SHAWN R DECKER A/K/A SHAWN DECKER executed and delivered a Promissory Note (“Note”) dated March 5, 2010, and SHAWN R DECKER A/K/A SHAWN 2010, DECKER and SAMANTHA DECKER executed and delivered a Mortgage dated March 5, securing payment of the Note. The Mortgage was recorded on March 16, 2010, in Official 3961 at Page 999 of the Public Records of OSCEOLA County, Florida, and Records Book herein to mortgaged the real property ("Property") described therein, References made those executing “Borrower” refers to the individual(s) executing the Note; “Mortgagor” refers to the Mortgage. True and correct copies of said Note and Mortgage, are attached hereto as Exhibit "A" and Exhibit "B" respectively. 3 Said Mortgage recorded on March 16, 2010, in Official Records Book 3961 at by a Page 999 of the Public Records of OSCEOLA County, Florida was subsequently modified and a Loan Loan Modification Agreement with an effective date of September 1. 2018, Records Book 4480 at Page 710, Modification Agreement recorded on July 31, 2013, in Official are attached of OSCEOLA County, Florida. A copy of said Loan Modification Agreements hereto as Exhibit “C.” 4. The described subject Mortgage was subsequently assigned to Plaintiff. Copies of the relevant Assignments of Mortgage are attached as Composite Exhibit “D,” 5 The Plaintiff is a non-holder not in possession of the Note who is entitled to LLC is the enforce the instrument pursuant to F.S. §§ 673.3091 or 673.4181, Fay Servicing, Servicin g, LLC has the authority to servicer of the loan described in the Note and Mortgage. Fay t. initiate the instant foreclosure on behalf of the Plaintiff pursuant to servicing agreemen the 6 The Mortgage was a purchase money mortgage given to secure a loan for subsequent right, acquisition of the Property. The Mortgage is superior in dignity to any prior or title, claim, lien or interest of the Defendants named herein or any person claiming by, through or under said Defendants since the institution of this suit. 7Defendants, SHAWN R DECKER A/K/A SHAWN DECKER and SAMANTHA the Mortgage. DECKER, is/are the current owner(s) of the real property which is the subject of 8 ‘There has been a default in the payment of the amounts due under the Note, 1, 2020, and all Mortgage and Loan Modification, in that the payment due for due April subsequent payments have not been made. 9. Plaintiff has and hereby declares the full amount payable under the Note, Mortgage and Soan Modification, to be due and payable. 21-02795FL 10. All conditions precedent to filing of this action have been performed or have occurred. il. Borrower(s), as maker(s) of the Note, may be held personally liable for a deficiency, if any, unless Borrower(s) has/have discharged the subject debt in bankruptcy, in which event no deficiency is or will be sought. 12. There is now due and owing the principal sum of $192,478.85, together with all sums that may be due for interest, taxes, insurance, escrow advances and/or fees for inspections, property preservations or other expenses incurred to protect the property, and expenses and costs of suit including but not limited to filing fees, recording fees, title search and examination fees, fees due for service of process and such other costs as may be allowed by this Court. 13. 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, which is attached hereto as Exhibit “B”. 14. Plaintiff has and will incur reasonable attorneys’ fees and therefore, seeks to be awarded these fees. 15, As a result of the Defendant(s) default of the terms of the Note and Mortgage, the Plaintiff has been required to retain the undersigned attorneys and is obligated to pay said attorneys a reasonable fee for their services. 16. Defendants, UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN s ‘TENANT IN POSSESSION 2, are joined by virtue of any right, title or interest said Defendant or oral. Said may claim as tenants in the property pursuant to a lease agreement, cither written interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 17. BRECKENRIDGE HOMEOWNER'S ASSOCIATION, INC., is joined by virtue of any right, title or interest said Defendant may claim under FS. §§ 718.116 and/or 720.3085 or te, pursuant to the association's declaration or other covenants. Said interest is subject, subordina and inferior to the lien of the Mortgage held by Plaintiff. 18. The Defendant, OSCEOLA COUNTY, A POLITICAL SUBDIVISION OF THE of STATE OF FLORIDA, has or claims to have an interest in the aforesaid property by reason that certain Mortgage recorded March 16, 2010, in Official Records Book 3961, Page 1010 in the however, any public records of Osceola County, Florida, in the original amount of $6,052.00, right title, interest or claim of said Defendant(s) in and to said property is subordina te in time and inferior in tight to the rights, powers and privileges of the Plaintiff herein, and Plaintiff's by said Mortgage is superior in time and right to any and all rights, title and interest claimed Defendant(s). 19, The Defendant, UNITED STATES OF AMERICA ON BEHALF OF an SECRETARY OF HOUSING AND URBAN DEVELOPMENT, has or claims to have 31, 2013, in interest in the aforesaid property by reason of that certain Mortgage recorded July Florida, in the Official Records Book 4480, Page 716 in the public records of Osceola County, t(s) in original amount of $29,142.99, however, any right title, interest or claim of said Defendan 21-02795FL and to said property is subordinate in time and inferior in right to the rights, powers and privileges of the Plaintiff herein, and Plaintiff's Mortgage is superior in time and right to any and all rights, title and interest claimed by said Defendant(s). See attached Exhibit “E.” WHEREFORE, Plaintiff respectfully requests that this Court enter judgment foreclosing the Mortgage; and (a) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and Mortgage and award attorneys’ fees, costs, outstanding principal, interest, advances (b) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or in part; (c) adjudging that the right, title and interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior and subordinate to the Plaintiffs Mortgage lien and forever be barred and foreclosed; (d) retaining jurisdiction of this Court in this action to make any and all further orders and judgments as may be necessary and proper, including issuance of writ of possession and the entry of a deficiency judgment if the proceeds of the sale are insufficient to pay Plaintiff's claim (no deficiency judgment shall be to the sought against those parties who have discharged the debt in bankruptcy pursuant provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq, or where a bankruptc y court only granted Plaintiff or its predecessors-in-interest in rem relief from the bankruptc y automatic stay; and, (e) for such other and further relief as this Court may deem just and proper, COUNT IJ-RE-ESTABLISHMENT OF LOST NOTE Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTIC IPATIO N TRUST, sucs Defendan t, SHAWN R DECKER A/K/A SHAWN DECKER and alleges: 20. This is an action to reestablish and enforce a lost, destroyed, or stolen promissory note pursuant to F.S, §§ 71.011 and 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. 21. Plaintiff, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER Note when PARTICIPATION TRUST, is an interested party in that it was entitled to enforce the who was loss of possession occurred or has acquired the right to enforce the Note from the party entitled to enforce the Note when loss of possession occurred. 22. The Mortgage was recorded in Osceola County, as alleged in Count I above, and therefore venue is in this County. 23. ELEMENTS OF FACT: @) On March 5, 2010, SHAWN R DECKER A/K/A SHAWN DECKER executed and delivered a promissory note to Plaintiff or Plaintiff's predeces sor in interest in the principal as Exhibit amount of $196,377.00, as alleged in Count I above. The copy of said Note attached "A" is a true copy of the lost or destroyed document. (b) Plaintiff is not in possession of the original Note, and Plaintiff cannot reasonably 21-02795FL 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. (e) 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. ® Plaintiff agrees to indemnify borrowers against third parties for future unlawful enforcement of the subject Note. WHEREFORE, Plaintiff requests this Honorable Court enter an order re-establishing the lost Note. VERIFICATION 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, and that I am authorized to make this Verification of Complaint by Fay Servicing, LLC servicer for U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF - LSF9 MASTER PARTICIPATION TRUST Cae | Signature: Name: ‘Prisclila Serrato Title: ~ Assistant Secretary Date: APR 06 its *Pursuant to Fla. R. Jud. Admin. 2,516(b)(1)(A), Plaintiff's counsel hereby designates primary email address for the purposes of email service as: MRService@mccalla,com DATED: 3/1/2023 McCalla Raymer Leibert Pierce, LLC Attorneys for Plaintiff 225 East Robinson Street, Suite 155, Orlando, FL 32801 Telephone: (407) 674-1850 Fax: (321) 248-0420 Email: MRService@mecalla.com By: 4s/Morgan B Lea Morgan B Lea FL Bar # 96405 be Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may deemed a debt collector and any information obtained may be used for that purpose. 21-02795FL EXHIBIT A IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR, OSCEOLA COUNTY U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE OF LSF9 MASTER PARTICIPATION TRUST, Plaintiff, vs. CASE NO. SHAWN R. DECKER A/K/A SHAWN, DECKER, et al., Defendant(s) AFFIDAVIT OF LOST NOTE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, this date appeared personally Keith Clary of Fay Servicing, LLC as attomey in fact for the Plaintiff herein, who upon being by me first duly sworn, upon personal knowledge deposes and says: 1 Fay Servicing, LLC is the attorney in fact for Plaintiff and is responsible for accounting and bookkeeping matters for the Plaintiff and has custody and control over the financial records and business records involving this loan, including payment applications, escrow disbursements, collections matters and foreclosure matters. Such books and records are made and kept in the ordinary course of business. 2. Affiant has personal knowledge of the facts herein set forth based on their business records. 3 ‘The Plaintiff uses a computer system to keep track of all of its loans. The computer keeps track of all incoming payments and outgoing disbursements. The computer system is highly accurate and 21-0279SFL eee sews son om po handles thousands of loans. The computer system is one which is standard in the mortgage industry and is used by other institutional lenders. 4 Affiant has personal knowledge of the use and accuracy of the computer system. 35 That affiant is employed by the plaintiff herein, and as such makes this affidavit upon their personal knowledge and competent testimony. 6. That affiant is familiar with the transactions between the parties hereto and has personal knowledge of the books and records of the plaintiff insofar as the matters are concerned. 7. That the Original note was lost and is not in the custody or control of the Plaintiff. 8 The loan was originated by BUTLER MORTGAGE INC. and below is the chain of transfers of the Original note: Butler Mortgage. Inc. to Freedom Mortgage Corporation via Allonge to Note Freedom Mortgage Corporatio: to Secretary of Housing and Urban Development via Allonge to Note Secretary of Housing and Urban to LSF9 Master Participation Trust Development via Allonge to Note LSF9 Master Participation Trust to U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust ‘ia Allonge to Note Butler Mortgage, Inc. to Freedom Mortgage Corporation via Assignment of Mortgag: Freedom Mortgage Corporatio to Secretary of Housing and Urban Development ia Assignment of Mortgage Secretary of Housing and Urban to LSF9 Master Participation Trust Development via Assi: nt of Mortgage LSF9 Master Participation Trust to US. Bank Trust, N.A. as Trustee for LSF9 Master Participation Tmst via Assignment of Mortgag: 21-0279SFL. Lone son open ngensetnceeen sonst 9. Based on the business records attached, the Plaintiff was is possession of the original note and entitled to enforce it when the loss occurred in accordance to the business records attached hereto. (Business records of the custodian indicating the Original note was received) 10. Attached is a copy of the Original note. 11. The note has not been endorsed, sold, or given to any other entity or person 12. A thorough search has been made for the note, but Plaintiff has not been able to reasonably obtain possession of the note because its whereabouts cannot be determined. 13, Plaintiff has caused the records custodian to search the records area for the Original Note. Additionally, Plaintiff searched Fay’s vault, previous servicer and attorneys. 14. The usual place of storage is with the custodian, which Plaintiff has searched. 15. Plaintiff is the owner of said note and mortgage and holds harmless defendants and indemnifies defendants should any unknown party seek to enforce the lost note and mortgage against defendants. FURTHER AFFIANT SAYETH NAUGHT. Fay Servicing, LLC as attorney in fact for U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE oF LSF9 MASTER PARTICIPATION A TRUST. oe K i ith Clar Assistant Secretar SWORN TO AND SUBSCRIBED before me, by means of ___ physical presence or ___ online notarization, this | 7 day of _{ , 2023, by A He Claws who is personally known to me or produced identification Ne lA s 7 vn, DANIEL ALVARADO Notary Public, State of Texas 7) — NOTARY PUBLIC Comm. Expires 05-27-2026 Notary 1D 133126375 Print: Daniel Alvarado Commission Expires: 9-2)? ~2.5 21-0279SFL eneeneennnonnecpneninnnennemnae Original. Rote meee Ye LE oe & reneprione - Florida NOTE THE STATE DOCUMENTARY TAX QUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS INDI March 5, 2010 [Dsl 1605 Anorada Bye Kissimmee, EL 34744 Property Adress 1, PARTIES Borrower" means each person siging at the end of this Note, and the person's successors and assigns. “Lender” means Butler Mortgage, Ine and Ws successors and assigns. 2, BORROWER'S PROMISE TO PAY; INTEREST 1m celorn for a loan received from Lenler, Bocrower promises lo pay the principal sum ofone Hundred winety Six Thousend Three Hundred Seventy Seven end 00/10 Dollars (U.S. $ 296,377.00 ). plus interest tothe order of Lender. interest will be charged on unpaid principal from the date of disbursement of the loan proceeds ty Lender,at the rate of Five and One-Halt percent ( 5.500 %) per year unl the full amiount of principal has been paid 3. PROMISE TO PAY SECURED Borrower's promise 1 pay is secured by a gage, deed of trust or similar security Instrument that is dated the same date a5 ths Note aud ealed the "Security Inte a “The Security instrument protects the Lender from losses which might cesul Borrower defaults under this Note. 4. MANNER OF PAYMENT @) Time Burrowes sal make» onpnen of pig and inst to Leder onthe fist day of ech mon begining, cn Any pencipal and interest remaining onthe frst day of Apri : 2040 _ wl due nt dv, vies ated “Matority Date,” ) Place Payment shall bemadeai P.O. Box 8068, Virginia Beach, VA 23450-3068 ‘oral such place as Lender may designate in wiring by notice (o Borrdwer (©) Amount Each monthly payment of principalaud tuierest itl be iv dhe amount of U.S. $ 1115.02 This aimount will be pert of a lenges monthly payment requiredby the Seeucity Instrument, that shall be applied to principal, interest id other Items i the under described ix the Secusity Instrument. (D) Allonge to this Note for payment adjustments IC a0 allange providing for pa adjustivents is executed by Borrower together with this Note, the covenants of ‘he alonge shall be inconparoted into aud stall ameod and supplement the covenants af this Note as if the allonge wece 2 part of this Note. [Clteck applicable box] Terateated Payment Atlonge [_Jerowing Equity Atlonge [lowher (specify! FHA Florida Fed Role Nete- 10/98 2, AL) 219) ed 1078 MORICAGE FORMS. ens.ve vag vor? 68018736 Dd mtn niennneoasnesn coop on bed 5, BORROWER'S RIGHT TO PREPAY. ‘Borrower has the right to pay tli debt evideced by this Note, in whole or in part, without charge or penalty, on the first day of any month, r ‘accept prepayment on other days ded hat Borrower pr interest on the ammount, prepaid for there ider of he month to the extent required by Lender and permitted by re lations ot tbe Secretary. If Borrower makes a partial prepayment. there will be ao changes in the due date or in the amount of the mosthly paywsent unless Lender agrees in ‘writing to those changes. 6, BORROWER'S FAILURE TO PAY (A) Late Cherge for Overdue Payments WE Lender has not received the full monthly payment required by the Security Instrument, a8 described in Paragraph 4{C) of this Note, by the end of fifteen calendar days after the payinent is due, Lender niay collect a late charge in the amount offour and Ne-Thousandthe percent ( 4.000. 9%) of the overdve amount ofeach payment. B) Defoult IF Bocrower defaults hy Salling (o pay in full any monthly payment, hen Lender may, except as limited by cegulations of the Secretary in the case of payment defaulls, require {iiediate payment in full of the pricipal balance remaining due and all accrvod interest. Lender may chose not to exercise this option without waiving ils rights in the event of any subsequent default. Jn many eiveumstances regelalions issue by the Secretary will fimit Lender's rights to require imarediate paywwent in Tull the case of payment defaults. This Note doesnot aulhorze acceleration whea no| permited by HUD regulations. As used in this Note, "Secrolary” means the Secretary of Housing axd Urban Development or his or her designee. {C) Payment of Costs snd Expenses IE Lender has required immediate paynvent in full, as described above, Lender may require Borrower 1o pay costs and expenses including reasonable and custoniary attorneys" fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and cosis shall bea terest from the date of disbursement al the sane rate as the principal of this Note. 7, WAIVERS. Borrower and any other person who has obligations under this Note waive the rights of presentmeat and notice of dishonor, "Present nt" means the eight to require Lender ta dem payment of amounts due. “Notice of dishonor® means the right to require Lender ta give notice (v other persons What aruounts due have uot been paid 3. GIVING OF NOTICES ‘Uniess applicable law requires a diferent n nod, any notie that must be given to Borrower under this Note will be given by delveriog it oF by mailing {by first clas mail to Borsower af the property address above or af a diferent address if Borrower fas given Lender a notice of Borrower's different address. ‘Any notice that mast be given to Lender under this Note wilt be given by first class m (0 Lender at the address stated in Paragraph 4(B) or ata different addcess if Borrower Is given a notice ofthat different address. 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE ire Gran one son signs this Note, each peesos ts fully and personally obligated (o Keep all £ ofendorser the promises made in Ibis Note, including the promise to pay the fu ‘amount owed. An son who is ag Nor, of this Noteis also obliga to dothese ngs. Any’pei hu takes over these obligations, inclu Thc aligns of guano, sre or endorser of this Note, also obli Pa to he p ai of the promises made ix this Note. ender may enforce is Tighls under ¢h required 10 Note agains! each person intividvaly or against all signatories together. Any one person signing this Note may ay al) ofthe amounis owed une tis Note BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. Sh 2 debe ‘Shana Gecker (Seal) Bortomee (Seal) Borrower (Seal) (Seal) eerower “Boerewer (Sea), eal) “Borenver (Sea) Seal) Borrower Bonoune DARA wo pnezelz 68018736 Pay to the order of without recourse this __day of _ 20 Freedom Mortgage Corporation Stan Moskowiz/cpa. Treasurer/Chief Financial Officer riser vos sane ALLONGE a Allonge to that certain note dated: March 5, 2010 In the amount of: $196,377.00 From: BUTLER MORTGAGE, INC To: Shawn Decker Property Address: 1605 Anorada Blvd Kissimmee, Fl 34744 Pay to the order of, without recourse: FREEDOM MORTGAGE CORPORATION hy whe NAME: wale URBAN TITLE: VICE PRESIDENT COMPANY: BUTLER MORTGAGE, INC. sweat nnn sen ALLONGE TO PROMISSORY NOTE FOR PURPOSES OF FURTHER ENDORSEMENT OF THE FOLLOWING DESCRIBED NOTE, THIS ALLONGE IS AFFIXED AND BECOMES A PERMANENT PART OF SAID NOTE: NOTE DATE: 3/5/2010 ORIGINAL PRINCIPAL: $196,377 BORROWER NAME: SHAWN DECKER PROPERTY ADDRESS: 1605 ANORADA BLVD, KISSIMMEE, FL 34744 eenene a mane Kenn ee nen ee Renee nena enaa denen nanan Pay to the order of the Secretary of Housing and Urban Development, Washington, D.C., and his/her successors and assigns, without Pag@Rte%® the order of }ecret the ary of Housing and Urban Development of Washington, D.C., ‘and his/her successors and assigns ‘without recourse this. day of. ——__ 20. Freedom Mortgage Corporation Stanley C. By: Freedom Mortgage Corporation? *®9#en/ lleman Chiet executive Officer Name: Stanley C. Middieman Title: President/Chief Executive Officer Freedom Mortgage Corporation LOAN: 0005642343 vests woo ennai seen ALLONGE TO NOTE Service# T3905ALL Contro] Number: 9804259001 Allonge to Note Dated: 3/05/10 And Executed by: SHAWN DECKER Property Address: 1605 ANORADA BLVD, KISSIMMEE, FL 34744-0000 Loan Amount: $196,377.00 Pay to the order of, LSF9 MASTER PARTICIPATION TRUST Without recourse: SECRETARY OF HOUSING AND URBAN DEVELOPMENT, BY CALIBER HOME LOANS, INC., AS ATTORNEYIN FACT By: bo Roy Lacey Title: Authorized Signatory Prepared By: CASSANDRA K BRUXVOORT MSE Decees Suan Ki your Sbven.0Rv PAAING om Lonmannaneernrnenaen ce wn ~ ALLONGE TO NOTE Service #: vost TAIN T/IM ELSI Control Number: 9804259001 Allonge to Note Dated: 3/05/10 And Executed by: SHAWN DECKER AND AMANDA DECKER, HUSBAND AND WIFE. Property Address: 1605 ANORADA BLVD, KISSIMMEE, FL 34744-0000 ‘Loan Amount: $196,377.00 Pay to the order off U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST Without recourse: LSF9 MASTER PARTICIPATION TRUST, BY ITS TRUSTEE U.S. BANK TRUST, N.A., THROUGH CALIBER HOME LOANS, INC., AS ATTORNEY IN FACT FOR THE TRUSTEE By: LD brele | C02 cof, Brandi Coulter Title: Authorized Signatory UCN 9804259004 {Or tso-naus-nay Prepared By: ANTHONY LOZADA - CALIBER ecaer sua CAALNG epee terrence sevenmcoams snes serene are wee wl Rapa oy + kes FO 2010087777 Bk 0396) Pas 0999 - 10095 iaees) TE: 03/14/2010 i 21 HaLCOn THOMPSON, CLERK OF COURT “LEADING EDGE TITLE 960 South Orlando Avenue Winter Park, Florida 32789 Een 0 ¥ 2.75 TRIS MORIONDO Pr Sutler Mortgage, Ine [Space Above This Line Fer Recording Data) ‘State of Florida MORTGAGE After Recerdation Return To: Freedos Mortgage Corporation Attn: Final Oocuments P.0. Box 8001 sishers, IN 46038-8002 a ‘THIS MORTGAGE ("Security Instrument’) is givenon March S, 2010 ‘The Morigagor is Shaun Decker and Samantha Decker, husband and wife. «whose adressis 1605 Anorada Blvd, Kissinmee, cL 3a74e (CBorrovwer*), This Security Snstrument is given to Morigage Electronic Registration Systems, Inc. (‘MERS"), (Golely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), 35 organized and existing under the laws of Delaware, and has an address and | (@ephone number of B.O. Box 28, Flini, MI 48501-2026, tel. (888) 679-MERS. Butler Mortgage, ine (Lender) is oxganized and existing under the lawsof In the State of Florida and has an address of 1.012 @ Emmett Street, Ste 8, Kissinnee, FL 34741 «Borrower ovres Lender the principal sum of one Sundred Ninety Six Thousand Three Kundred Seventy Seven end 00/200 Dollars (U.S. $196, 377.90 . This debt is evidenced by Borrower's note dated the same dale as this Security Instrument ("Note"), which provides for monthly payments. with the full deb, {fot pald earlier, ue and payable on April 1, 2040 by the «This Secarity Instrument soceres to Lender: (a) the repayment of the debt evidenced sums, Note, with interest, and all renewals, extesisions and modifications of the Note; (b) the payment of all other ‘with inlerest, advanced under paragraph 7 to protect the security ofthis Secerity Insirement: and (c) the performance FHA Florida Mortgage with MERS - 499 ze aar OTN 388 Sa. FORMS: (ais200281 oe errr seein soo cos se soon en oe of Borrowes's covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower Joes hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors of MERS, the following described property located in Osceola ‘County, Florida: SEE LEGRE DESCATPTION ATTACHED HERETO AND MADE A PART HEREOF which has the addressof 1605 Anorada Blvd Kissinnes (cry), Flotida’ 2744 (ip Code) (Property aasies) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or heseafler 2 part of the property. All replacersents and additions shall also covered by this Security Instrument. All ofthe foregoing is referred to in this Security Instrument asthe “Property Borrower understands and agrees that MERS holds only legal tile to the interests granted by Borrower in this Security Instrument: but, 1f to comply with law or custom, MERS, (as nominee for Lender and Lender's ‘successors and assigns). has the right: o exercise any or all of thase 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 or canceling this Security Instrument. BORROWER COVENANTS that Bocrower is lawfully seized of the estate hereby conveyed and has the right to smorigage, grant and convey the Property aud thet the is unencumbered, except for encumbrances of record. Borrower warrants end wil it defend generally the tile fobedn operty against all claims and demands, subject to any encumbrances of record. ‘THIS SECURITY INSTRUMENT combines uniform covenants for national use and nor-umiform covenants ‘with Kimited variations by jurisdiction to consitate a uniform security instrursent covering real property. Borrower and Lender covenant and agreeas follows: UNIFORM COVENANTS. 1, Poyment of Principal, Interest and Lete Charge. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges, Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property. (b) ieasehold payments or ground reats on the Property, and (c) premiums for insurance required under paragraph 4, In any year in which the Lender must pay « rmorigage insurance premium (o the Secretary of Housing and Urban Developinent ("Secretary"). or in aay year in which such premium would have been required if Lender still held the Security Instrument, eack monthly payment shall also include either: 4 sum forthe annual mortgage inserance premium (0 paid by Lender to the Secretary, or (i) a monthly charge instead of a morigage insurance premium if this Security Instrument is heldby the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by te items are cal ed “ the sums paid to Lender are called " a SNE e02] Page Bot o ws sso es ws ose | Lender may. at any time, collect and bold amounts for Escrow Stems In an a ‘amount not to exceed the ‘maximum amount that may be requiced for Borrower's escrow account under the Real Estate Settlement Procedures ‘Act of 1974, 12 U.S.C. Section 2601 ef soq. and implementing regulations, 24 CFR Part 3500, as they may be ‘amended from time to time ("RESPA"). except that the cushion or reserve permilted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due forthe mortgage insurance premium, 1 the amounts beld by Lender for Escrow Tlems exceed the amounts permed to be held by RESPA, Lendes shall account o Borcower far the excess funds as required hy RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lenfer may nol the Borrowerand require Borrower (0 make up the shortage as permitted by RESPA. ‘The Escrow Funds are pledged 2s 5} security for all sums by this Security ‘Borrower tenders lo Lender the full payment of all such sums, Borrower's accoant shall be credited with the balance remaining for all installment items (2), (), and (€) and any morigage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreciosare sale of the Property or its acguision by Lender, Borrower's account shall be credited wilh any balance remaining forall installments for items (@).(t),-and (c). 43. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lenderas follows: to dae mortgege insurance premmium to be pald by Lenderto the Secretary or tothe monthly charge by the Secrelary instead of the monthly eorigage insurance premium; ‘Second, to any taxes, special assessments, leasehold payme