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Filing # 183818793 E-Filed 10/12/2023 10:52:58 AM
IN THE CIRCUIT COURT 0F THE SIXTH
JUDICIAL CIRCUIT IN AND FOR PINELLAS
COUNTY, FLORIDA
CASE NO. 23-000464—CI
WELLS FARGO BANK, N.A.
Plaintiff,
v.
THE UNKNOWN HEIRS, GRANTEES,
DEVISEES, LIBNORS, TRUSTEES, AND
CREDITORS OF STUART ROGERS, JR.
A/KJA STUART H. ROGERS,
DECEASED, ET AL.
Defendants.
AFFIDAVIT AS T0 RECORD TITLE
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, this day personally appeared John C. Brock
g attorney for eXL Legal PLLC, counsel for Plaintiff herein, who being first duly sworn,
dcposes and says:
l. I am a practicing attorney in the State of Florida, and have examined the title search
prepared for this foreclosure action, together with copies 0f the relevant Official Records related
to the following described property (the “Property”):
1000008538
***ELECTRONICALLY FILED 10/12/2023 10:52:57 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
LOT 45, BAY RIDGE TERRACE UNIT 5 lST ADDITION, ACCORDING TO
PLAT THEREOF RECORDED IN PLAT BOOK 61, PAGE 20, PUBLIC
RECORDS 0F PINELLAS COUNTY, FLORIDA.
2. As of the date of the commencement of this action record title to the Property was
vested in JAMES STUART ROGERS, JESSICA LYNN ROGERS AND MICHAEL LYNN
SALKOWSKI.
3. In the chain of title t0 the Property there is a mortgage recorded in Official Records
Book 15783, Page 1479, of the Official Records of PINELLAS County, Florida. (the
“Mortgagc”), a copy of which is attached hereto.
4. This Mortgage is the subject matter of this foreclosure action.
5. The legal description placed on the Mortgage is incorrect because of an obvious mutual
mistake in that it reads:
KNOWN AS: 6511 113TH STN
ALL THAT CERTAIN LAND 1N PINELLAS COUNTY, FLORIDA, TO-WI'I‘:
LOT(S) 4S, OF BAY RIDGE TERRACE, UNIT 5 AS RECORDED IN PLAT
BOOK 60, PAGE 9, ET SEQ, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA.
SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS,
COVENANTS, OIL, GAS OR MINERAL RIGHTS 0F RECORD, IF ANY.
The correct legal description should read;
LOT BAY RIDGE TERRACE UNIT 5 lST ADDITION, ACCORDING TO
45,
PLAT THEREOF RECORDED IN PLAT BOOK 61, PAGE 20, PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
6. The Defendant(s) and the Plaintiff intended for the Mortgage to properly encumber the
property as described in the recorded Lis Pendens referencing this action.
1000008538
7. To effectively encumber the Property, the legal description of the Property as
described in paragraph l hereof should have been placed into the mortgage.
FURTHER AFFIANT SAYETH NAUGHT.
SWORN TO AND SUBSCRIBED before me, by means ofphysical presence, this l¢
day of September, 2023, by John C. Brock Jr. who is personally known to mc.
£1
My ommission expires:
LINDA MARSELLA
Commission fl HH 117111
Expires May 3. 2025
Bonded Thru Tray Fain
hauram 0003857019
1000008538
KEN BURKE. CLERK OF COURT
PINELLAS COUNTY FLORIDA
WSW; 2007160403 GSHDIZW? al 09:41 AM
OFF REC BK: 15m PG: 1479-1452
DncTyperMTG RECORDING: $120.50
M DOC STAMP! $350.00 INT TAX: SZDDJG
Prepared By:
Wachovia Bank National Association
Reiaii Credit Servicing
P.0. Box 50010
Roanoke VA 24022
Return To:
Record and flelurn To:
Fiseru Lending Snlmians
EflflA NJohnflodes Blvd
MELBOURNE, FL 3293-1 . .
\opace mauve Inn. Line For Receding Data)
HOME EQUITY LINE 0F CREDIT MORTGAGE
DEFINITIONS
Words used 1n multiplesedions of lhis documem are defined beiow and other wards are defined
elsewhere in this document. Certain ruies regarding the usage of words used in mis documem are also
provided in Section 15.
{A} "Security Instrument" means this dacumenl. which is dated 17 Agril. 2007
(B) ”Borrower" means the parties obligated on the Debi Instrument.
(C) “Grantor” under Ihis Security Instrumenl is
STUART H ROGERS. UNMARRIED
Grantor is the mortgagor under thls Secun‘ty Instrument.
(D) “Lender" is Wachovia Bank‘ Naliunal Associaiian‘ Lender is a nalionai banking association
organized and existing under me laws uf The Unued States of America Lender‘s address is Wachow‘a
Bank. National Associaiion. 301 South College Street. VA 0343‘ Charrofle. N.C. 28268-0343. Lender i5
the mudgagee underthis Security Inslrument.
(E) “Debt Instrument" means {he open-end line u! credit agreement or other credit instrument signed by
Borrower and dated 04f17f07 The Debt lnsirument states that Lender is awed‘
.
or may De owed. an amount mat may vary from time to time up to a maximum principal sum outslanding
at any one time of, (U5. S 100000.00 ) plus interest 10 be
repaid in Periodic Payments and in full nut Iaterman Qgflflaz Lender is r
absolutely obligated under the lerms of me Debt Instrument to make advances to Bummer 50 lung as
Borrower and Grantur comply wilh the terms of the Debt lnszrumem and Security instrumem:
(F} “Property" means the prepeny located at
6511 113TH ST N
SEM E El Hm3:12: ("Pruperty Address')
and thal i5 further descr‘wbed below under the heading “Transferof Rights En the Properly.”
(G) “Loan” means all amounts owed nuw or hereafler under lhe Debt Instrument. including without
Iimiiation principal, interesL any prepayment charges. Late charges and other fees and charges due under
me Debt Instrument. and 3:50 an sums due under this Security Instrument, plus interest.
(H) "Applicable Law" means all controlling appiicable federal law and, to the exlent nol preempted by
federal law. stale and local statutes regulations, ordinances and adminisiralive rules and orders (mat
have the erred oflaw) as well a5 all applicable final, non-appealable judicial opinions.
(I) “Community Association Dues. Fees. and Assessments" means all dues. fees. assessments and
other charges that are Imposed cm Grantor nr the Property by a condominium association homeuwners
association or similar organization.
(J) "Eiecironic Funds Transfer” means any transfer of funds other than a transaction originated Dy
check, draft‘ or simnar paper instrument. which
Is iniliated through an electronic terminal. telephonic
instrument, computer‘ or magnetic tape so as to order. instruct. 0r aulhnn‘ze a financial institution 10 debit
or credit an account.Such term includes. but i5 not limited t0. poinl-of-sale transfers‘ aulomaled 1eller
_
machine transaciions. transfers initiated by telephone, wire transfers} and automated dearinghuuse
transfers.
(Kl "Escrow Items" means those items thal are described in Sedion 3.
[L] "Miscellaneous Proceeds" means any compensation. settlement, award of damages, or proceeds
paid by any third party (other than insurance proceeds paid under the coverages dascn‘bed in Section 5)
for: (i) damage to, or aeslrumion of. the Property; (ii) condemnation or omertakinI of aH or any part of me
1
Property: (iii) conveyance ir'l lieu nf condemnation: 0r (1v) misrepresentations of. or omissions as Io, the
value andror condition of lhe Properly.
(M) “Periodic Payment" means the amouMs as they become due for (i) principal. interest and other
(ii) any amounts under Secflon 3 of
the Debt \nstrument. plus lh‘ts Security
charges as provided for ‘In
lnslrument.
[N] "RESPA" means lhe Real Estate Sefllement Procedures Act (12 U.S C‘ §2601 et seq) and us
impiemenling regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from lime to
time. ur any addifional 0r successor legislation or regulation that governs the same subject matter. A5
used in this Security Instrument, “RESPA” refers lo 3H requiremsnls and resin'cl‘mns that are imposed fn
regard m a “federally rela1ed mortgage loan“ even if the Loan does not quatify as a "Eederatly related
mor‘rgage loan" under RESPA.
(O) “Successor in Interest of Grantor" means any party that has taken titie to the F‘mpeny, whether or
not that party has assumed Borrower's obligations under the Debt Instrument andfor this Secunty
lnslrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures lo Lender: (i) the repayment of the Loam and aH fume advances,
renewa15. exlenslofis and modifications of the Debi Instrument including any future advances mane at a
time when no indebtedness is curremly secured by this Secumy Instrument and (ii) the performance of
Grantur’s covenants and agreements under this Security instrument and Borrower's covenants and
agreements under the Debt lnstmmenl. Fur this purpose, Granlor does hereby mongage, grant and
convey to Lender. me fuilowing described properly \ocated in the County of
FINELLAS ‘ Slate at FLorida:
TOGETHER WITH all the improvements now or hereafter eiected on the property. and au easements.
appurtenances. and fixtures now or hereafter a pan ofihe property. All replacements and additions sha!l
also be covered by this Security Instrument. Ir Ihe Propefly is a multifamiiy (2-4 fami‘y) dweHing. then [he
following items now or hereafter attached £0 me Property to the extenl they a(e fixtures are aiso covered
by this Security Instrument: bui‘ding maieriats. appliances and goods of every naiure whatsoever now or
hereafter located in. on. or used. or intended to be used in connection with the Property, including, bul n01
limiled to, those for the purposes of supplying nr disin‘buting heaiingl coding. e1ecll1nity. gas. water. air
and light, fire prevention and extinguishing apparatus, security and access control apparaius. mumbing‘
bath tubs, wata heaters, water c‘nsets. sinks, ranges, stoves. refrigerators. dishwashers. disposais.
washers. dryers, awnings, storm windows‘ storm doors. screens. blinds‘ shades curtains and cunain
mds. attached mirrors. cabinets. paneling and attached floui coverings. all of which. inc‘uding
replacements and additions thereto. shaH be deemed t0 be and remain a part of the Properly covered by
this Secunly \nstrument. AH ofthe foregoing i5 referred to in this Security Instrument as the “Propedy‘”
If the Property includes a unit in. in ihe common elements of‘ a
together with an umdivnded inierest
condominium project (the “Condommlum Project“) and if me Gramors
association or other entity wh‘wch
acts forthe Condominium Project (the "Grantors Association") holds title lo property fm the benefit or use
of its members or shareholders. the Property also includes Grantor‘s inierest in the Granturs Association
and the uses, proceeds and benefits of Grantor's interest.
If me Progeny $5 a pan of a plamed unit development (the "PUD“j, [he Property aiso includes Grantor‘s
interest in the homeowners association 0r equivalent entiiy owning or managing the common areas and
facilities of the PUD (the “Grantors Association") and the uses‘ benefits and proceeds of Grantor's
inlerest.
GRANTOR COVENANTS that Granlor is lawfully seized of the estale hereby conveyed and has the right
10 grantand convey the Propedy and that the properly i5 unencumbered, except for encumbrances 0f
record. Grantur warrants and wili defend generaHy the lille to the Properly againsi all claims and
demands. subjed m any encumbrances of record.
UNIFORM COVENANTS. Grantor ancl Lender covenant and agree as follows:
1. Payment Escrow Items, Prepayment and Other Charges. Bonower shall
of Principal, Interest,
pay when due the principal of, and inlerest on‘ me debt evidenced by me Dem instrument and any
prepayment charges. late charges and other charges due under me Debt Instrument. Borrower shall also
pay funds far Escrow Hems pursuant m Section 3. Payments due under the Debt Instrumem and mis
Security Instrument shall be made 'rn U‘S‘ currency. However, if any check 0r Diner instrument received
by Lender as payment under the Debt \nstrument 0r this Securiiy Instrument is returned to Lender unpaid,
Lender may require that any or aLI subsequent payments due under lhe Debt Inslrumem and this Security
mslrument be made in one or more afthe foilowing forms. as selected by Lender; (a) cash; (b) money
order; (c) certified check, bank check. treasurers check or cashler‘s check, provided any such check is
_
drawn upon an institution whuse deposits are Insured by a tedera‘ agency‘ instrumentality. or entxly‘ or (d)
Elecimnic Funds Transfer.
Payments are deemed received by Lender when received afi the location designated in (or in accordance
with) me Debt Instrument ur at may he designmed by Lender in accordance with
such ulher locallon as
the notice provisions in Section 14. Subject to Applicable Law‘ Lender may return any payment or partial
paymen: ifthe payment or parlia‘ payments are insufficient t0 bring the Loan current. Lender may accept
2
any payment or partial payment insufficient to bring the Loan current without waiver of any rights
hereunder or prejudice lo its n'ghls to refuse such paymenl or partial payments in the future. Payments
shall be applied as permitted by applicame law and as provided In the Debt Instrument.
2. Appiication of Payments nr Proceeds. Untess other procedures are set forth in the Dem
Instmrnent or Applicable Law and as oiherwise described in this Semion 2. the following provisions in this
Section 2 shall govern me application of payments and proceeds with respect to the Loan‘ All payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under
the Debl Instrument; (b) principal due under the Debt Instrument; (c) amounts due under Seci‘mn 3. Such
payments shall be applied la each Periodic Payment in the order in which became due. Any remaining
it
amounts shaH be applied first tn late charges. second to any Diner amounts due under this Security
Instrument, and then to reduce me principal baFance ofthe Debt Instrument
If Lender receives a payment from Borrower for a delinquent Periodic Paymem which includes a suffimen!
amounl Io pay any late charge due, the payment may be applied to the deiinquent payment and the late
charge. If more than one Periodic Payment is outslanding, Lender may apply any payment received from
Borrower to lhe repayment of the Periodic Payments if. and to the extent mat, each payment can be paid
in full. To the extent that any excess exists afier the payment is applied tn the full payment of one or
more Periodic Paymen15. such excess may be applied tr: any late charges and other charges due.
Voluntary prepayments shall be applied first to any prepayment charges and lhen as described in lhe
Debt Instrument.
Unless olher procedures are set form In me Debt Inslrument‘ any appllcation of payments. insurance
proceeds. or Miscellaneous Proceeds to principal due under the Debt Instrument shah not extend or
postpone the due date‘ or change the amount. ofthe Periodic Payments.
3. Funds for Escrow Items. The Lender does no! require or provide fur an escrow at the time this
Security Enslrument signed. Accordingly. the provisions of this Section 3 shall apply only if at any time
is
any Escrow Item, as described below and including any Community Association Dues, Fees‘ and
Assessments, i5 not paid when due. and Lander gives Borrower notice that these provisions will
[hereafter appiy. Until such notice is provided, Borrower shall have no obiigation under this Section 3.
When the escrow is established, Borrower shall pay to Lender for deposit in an escrow account such
amounts (the “Funds“? as permitted by applicable law. Thereafter, Borrower shat! pay lo Lender on the
day Periodic Payments are due under the Debt Instrument. until the Debt Instrument is paid in full, a sum
lo De added to the Funds 1o provide for payment of amounts due for: (a) taxes and assessments and
other items which can attain priority over [his Sewrity Instrument as a lien or encumbrance on the
Properly; (b) leasehold payments or ground renis on the Property, if any; and (c) premiums far any and all
insurance required by Lender under Section 5. These items are called "Escrow Items." Lender may
require thai Community Association Dues. Fees, and Assessments if any‘ be escmwed by Borrower. and
such Community Association Dues. Fees. and Assessments shall be an Escrow Item. Grantor or
Borrower shall promptly furnish lo Lander all notices of amounts to be paid under this Section. Bormwer
shall pay Lender lhe Funds for Escrow Items unless Lender waives Borrower's obligation 10 pay the
Funds for any or all Escrow Items‘ Lender may waive Borrower's obligation to pay to Lender Funds for
any or all Escrow Items at any time; Any such waiver may only be in writing. En me event of such waiver.
Borrower shalt pay directly. when and where payable, the amounts due for any Escrow Items for which
payment of Funds has been waived by Lender and‘ if Lender requiras, shaIi furnish to Lender receipts
evidencing such payment within such time pen‘od as Lender may require. Borrowers obiigaiion to make
such payments and to provide receipts shall for all purposes be deemed lo be a covenant and agreement
contained in this Security instrument. as the phrase “covenant and agreement“ is used in Section 9. If
Borrower is obligated to pay Escrow Items directiy. pursuant 10 a waiver‘ and Borrower fails to pay the
amount due for an Escrow Item. Lender may exercise its rights under Section 9 and pay such amount
and Borrower shall then be obligated under Section 9 to repay tu Lender any such amount. Lender may
revoke the waiver as to any or all Escrow Items at any lime by a notice given in accordance with Section
14 and, upon such revocation, Borrower shat! pay lo Lender an Funds, and in such amounts. that are then
required under this Secfion 3.
Lender may, at any time, coilBCI and nold Funds in an amoum (a) sufficient to permit Lender 10 apply tha
Funds at the lime specified under RESPA, applicable. and (D) not to exceed me maximum amount a
‘Il
lender can require under RESPA. if appiicable. Lender shall estimate the amount of Funds due on [he
basis of current data and reasonable esiimates of expenditures of luture Escrow Items or otherwise in
accordance wilh Applicable Law.
The Funds shall De held in an Enslitulion whose deposits are insured by a federal agency. instrumentalily.
or entity (including Lender, if Lender i5 an institution whose deposits are 5c: insured) or in any Federal
Home Loan Bank. Lender shall apply lhe Funds to pay the Escrow items nu laierthan theflme specified
under RESPA. if applicable. Lender shall not charge Borrower for holding and applying the Funds.
annuaily analyzing the escrow account. 0r verifying me Escrow Items. unless Lender pays Borrower
interesi on the Funds and Appiicable Law permits Lender m make such a charge, Unless an agreement
i5 made in wn‘ting ur Applicable Law requires interest Io be paid on lhe Funds, Lender shall not be
—
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in
writing. however. that interest shaH be paid on the Funds. Lender shall give to Borrower, withom charge,
an annual accounting ofthe Funds as required by RESPA. ifapplicable,
If is a surplus of Funds held in escrow, a5 defined under RESPA, Lender shall account 10 Borrower
there
fur theexcess funds in accordance with RESFA. if applicable. If RESPA is applicable and there is a
-
shortage of Funds held in escrow‘ as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lander the amount necessary tu make up the shortage in accordance
a
with RESPA. butin nu mare lhan 12 month‘y payments. If RESPA is applicabre and there is a deficiency
ofFunds held inescrow, as defined under RESPA‘ Lender shal‘ notify Borrower a5 required by RESPA.
and Borrower shall pay 10 Lender the amount necessary tu make up the deficiency in accordance with
RESPA, but in no more than 12 monthly payments.
Upon payment in fu‘l 0f a|l sums secured by this Secumy Instrument. Lender shall promptly refund to
Borrower any Funds held by Lenden
4. Charges; Liens. Grantor shall pay ah taxes‘ assessments. charges, fines‘ and impos‘riions
ann‘butable to [he Propeny which can attain priority over this Security instrument. feasehofd payments or
ground rams on the Property. if any‘ and Community Association Dues. Fees. and Assessments. if any.
To the extent that these iiems are Escrow Items. they shall he paid in the manner provided in Section 3‘ if
Borrower i5 obligaied to d0 so under Section 3.
Gramor sha‘l prompily dischalge any Hen which has priority ovef this Secun'iy Instrument unless: (a) such
lien was disclosed on lhe app‘ication for 1he Loan that Borrower previded to Lender nr Grantnr agrees in
writing to the payment ofthe ob‘igal'ron secured by the lien a manner acceptable to Lender, bui unly so
‘rn
long as Gramor i5 performing such agreement; (b) Granlur contests Ina lien In good faith by, or defends
against enforcement of the lien in. which in Lender‘s opinion operate to prevent the
legal proceedings
enforcement of the lien while those proceedings are pending‘ but only unti‘l such proceedings are
concluded; or (c) Grantor secures from the holder of me lien an agreemenl satisfactory to Lender
Subordinating the iien to this Security Instrument If Lender determines that any part of 1he Propeny is
subject to a lien thal can attain pr'xarity over this Security Instrument and which was not disclosed on ihe
appficatinn for me Loan that Borrower provided 10 Lender. Lender may give Grantor a notice Edenlifymg
the lien. Within 1O days ofthe date on which that noilce Is given‘ Granmr shall satisfy the lien or take one
or more loe actions satisfacmry to Lender set fonh above in 1I1is Semion 4.
Lender may require Borrower 10 pay a one-time charge fur a real estate lax verification andfor reporting
service used by Lender m connection with this Loan,
5. Propeny Insurance. Grantor shall keep me improvements now emsting or hereafler erected on the
Properly insured against loss by fire. hazards Included w‘nhin the term "extended coverage." and any
other hazards inducimg. but no! limited tn‘ earthquakes and floods, for which Lender requires Insurance.
If the Properly is a multifamuly (2-4 fami‘y) dweHing‘ Grantur shall also maintaifl insurance agaifist rent
loss. All such propeny Insurance shall be maintained
\‘n
the amuunls (including deductible }evels) and for
me periods that Lender requires. What Lender requires pursuant to me preceding sentences can change
during the term of the Loan. The insuraflce carrier pmw‘ding lhe insurance shall be chosen by Grantor
subject to Lender's righi lo disapprove Grantor's choice, which right shan not he exercised unreasonably.
Lender may require Borrower to pay. in connection with this Loan‘ either (a) a one-time charge for flood
zone determiflation. cenificatiofi and track‘mg services: or (b) a une-lime charge for flood zone
determinatinn and certification services and subsequent charges each time remappmgs or similar
changes occur which reasonably might affect such determination ur certification. Borrower shall also be
responszbie for the payment of any fees imposed by me Federal Emergency Management Agency in
connection with the review of any flood zone determination resulting [mm an objection by Gramtor.
\fGrantur fails lo maintain any of the coverages descnbed above. Lender may oblain insurance coverage‘
a1 Lender‘s option and Borrower‘s expense. Lender is under no obligation 10 purchase any paniculartype
or amount of coverage. Therefore‘ such coverage shall Dover LendEr, but might ur might not protect
Grantor, Grantor's equity in the Propedy, or the contents of the Prooeny, against any risk] hazard or
Hability and might provide greater or iesser coverage than was previously in effect Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed lhe cost of
insurance lha1 Gramor could have obtained. Any amounis disbursed by Lender underthis Section 5 shall
bacome additional deb! of Borrower securad by this Security Instrument These amuunls snai‘ bear
interest at the rate applicable Io the Deb! \nstrumeni from fime to lrme‘ from the date of disbursement and
shaIE he payabie. mmsuch interest, upon notice [ram Lender to Bonower requesting payment.
AH insurance policies requlred by Lender and renewa‘s of such policies shall be subject to Lender‘s right
to disapprove such policies. shaH include a standard mungage clause. and shaH name Lender as
mortgagee andior as an addilional loss payee and Grantor further agrees tn generally assign rignls m
insurance proceeds to the holder of the Debt Insirument up to the amount of the Outsianding loan
balance. \f Lender requires. Grantm shaH promptly give 10 Lender comes of al‘ poi‘imes. renewal
cenificales. receipts of paid premiums and renewal notices. H‘ Grantor obtains any form of insurance
coverage‘ nul otherwise required by Lemder. for damage to. or destruction nf‘ lhe Property, such policy
shafl include a standard mofigage clause and shan name Lender as mungagee andlor as an additional
loss payee and Granlor further agrees to generally assign rights to insurance proceeds the holder ofm
the Debt Instrument up to me amount ofthe outstanding loan baiance‘
In me event 01' toss and subject lo Ihe rights uf any lienholder with rights ta insurance proceeds thal are
superior lo Lender's rights‘ the following provisions in this Section 5 shall apply, Grantor snail give
prompt notice tn the insurance carrier and Lender‘ Lender may make proof of loss if not made promptly
lay Grantor. Unless Lender and Grantor otherwise agree 1n writing, any insurance proceeds, whelher or
not the underlying insurance was required by Lender. shaH be applied tn restoration or repair of the
Propeny‘ i! the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration penod, Lender snaH have me fight to hold such insurance proceeds
until Lender has had am opponunity to inspect such Property to ensure the wnrk has been completed tn
Lender’s satisfaction, provided that such inspection shaH be undedaken promptly. Lender may disburse
-
proceeds for lhe repairs and restoration in a single payment or in a series of progress paymems as the
work #5 compieled. Unless am agreement is made in writing or Appticable Law requires interest to be paid
d
0n such insurance proceeds. Lender shall not be required to pay any interest or earnings on such
proceeds. Fees for pubiic adjusters, or other third parties. retained by Granlor shall not he paid out of the
insurance proceeds and shalt be lhe sole obligation of Grantor. If the restoration or repair is nui
economically feasible or Lender's security would be lessened. lhe insurance proceeds shall be applied la
the sums secured by this Secun‘ty Instrument. whether or not than due. with the excess, if any, paid m
Grantor. Such insurance proceeds shall De applied in lhe order provided for in Section 2.
\f Granlor abandons the Property. Lender may file. negotiate and settle any available Jnsurance claim and
related matters. If Granlor does nol respond within 30 days to a notice from Lender thai the Insurance
carrier has offered to settle a claim, then Lender may negotiate and same the claim The 30-day period
will begin when the notice is given. in either event, or if Lender acquires the Property under Section 21 or
otherwise, Grantor hereby assigns 1o Lender (a) Grantors rights {o any insurance proceeds in an amount
nut to exceed the amounts unpaid under the Debt Instrumem or this Security Instrumem. and (b) any
mher of Grantor's rights (other than lhe right to any refund uf unearned premiums pa‘rd by Grantor) under
all insurance policies covering the Property, insofar as such rights are applicable Io the coverage of lhe
Fropedyl Lender may use the insurance proceeds either to repair nr restore the Property or tn pay
amounts unpaid under the Debt Inslmment or lhls Security Instrument, whether or n01 then due. subject
10 the rights of any {ienholder with rights to insurance proceeds thai are supefinrtn Lender's fights.
6. Occupancy. Unless Granlur i5 a corporation. association or partnership. Granlar shall occupy‘
establish and use lhe Property as Grantor's principal residence within 60 days after the execution of this
Security Instrument and shall continue lo occupy the Property as Grantor‘s principai residence for at least
one year after the date of occupancy, unless (a) Borrower has disclosed on the apph‘calion fur lhe Loan
lhat Borrower provided mLender that the Prepeny snail not be Grantor's principal residence; (b) Lender
utherwise agrees in wriling, whlch consent shall n01 be unreasonably withheld; or (c) unless extenuating
circumstances exisl which are beyond Grantor‘s control.
if Borrower indicated on the application for lhe Loan ma: the Property will be a second home and no!
Grantor's principal resjdence. than Grantor shall occupy‘ and shall only use. the Property a5 Grantors
second home‘ Grantor snalr keep me Propeny available fur Grantor's exclusive use and enjoyment at all
limes, and shall nut subjeci the Fmpeny to any iimesharing or other shared ownership arrangement or to
any rental pool or agreement that requites Gramor either lo rent the Property or give a management firm
or any other person any control over the occupancy or use of the Properly,
This Section 6 does nut apply if the Progeny is a multifamiiy (2—4 family) dwelling. unless Lander and
Grantur olherwise agree in writing.
7. Preservation. Maintenance and Protection of the Property; Inspections. Grantor shall nu!
destroy damage or impair lhe Pmpeny. allow the Propedy to deteriorate or commil waste on the
Properly. Whether or not Granlor
Es residing in lhe Property, Granlor shall maintain the Property in order
to prevent the Property from deteriorating or decreasing in value due to its candiliom Unless it Is
determined pursuant lo Section 5 that repair or restoration is not economically feasible. Grantor shall
promptly repair the Properly if damaged tn avoid further deterioraiion or damage, If insurance or
condemnation proceeds are paid In connection with damage tov or the taking of. the Property Granior
shall De responsib‘e [or repairing ur restoring lhe Property only if Lender has released proceeds for such
purposes. Lender may disburse preceeds for the repairs and restoration in a singie payment nr in a
series of progress payments as the wnrk is completed‘ If lhe Insurance or condemnation proceeds are
not sufficient 10 repair or restore the Property, Grantor is not relieved of Grantor's. obligation for the
completion of such repair or restoration
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall
give Grantor notice al the time of or pn‘or to such an interior inspection specifying such reasonabie cause.
8. Borrower‘s Loan Application. Borrower shall be in default during the Loan application process,
if.
Borrower or any persons or entities acting at the direclion of Borrower or wiln Borrower‘s knowledge or
consent gave materially false. misleading. nr inaccurate infnrmation Dr statements to Lender (or failed to
provide Lender with maten‘at information) in connection with the Loan, Maien’al representations include.
but are not limited to. (a) representations concerning Grantor‘s occupancy of the Property as Grantor‘s
principal residence or second home am: (b) liens on the Properly mat have priority over this Secur‘ny
lnslrument.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Grantor fails lo perform the covenants and agreements contained in this Security Inslrument or any
obligation that is secured by a Hen that is superior to this Security Instrument, (b) lhere is a legal
proceeding that might significantly alfect Lender’s interest in [he Property andfur lights under this Security
Instrument (such as a proceeding in bankruptcy probate, for condemnation orforfeilure, for enforcement
nf any lien which may attain priority over this Securiiy Inslmmenl or to enforce laws or regulations). or
(c)Granior has abandoned the Propedy. 1hen Lender may do and pay for whatever is reasonable or
—
appropriate to protect Lender's interest in the Property and rights under this Securiiy Instrument. including
protecting andfor assessing me value of the Property and securing andIor repairing the Property
Lender‘s amions can include‘ but are not limited 1o: (a) paying any sums secured by a lien which has
priority overthis Security Instrument; (b) appearing in court; and (c) paying reasonable ailorneys' fees tn
proiecl its interest In the Property andmr righis under this Security Instrument. including its secured
position in a bankruptcy proceeding. Securing the Propeny inciudes, but is not limited lo, entering the
_
Property 10 make repairs. change locks, replace or board up doors and windows. drain water from pipes,
eliminate buifdfng or other code vioiat'tons or dangerous candifions, and have utHiiI‘es turned an or off
Although Lender may take action under this Section 9, Lender does nal have lo do 50 ancl is not under
5
any duty or obligation ta do su‘ It 1's agreed that Lender incurs no liability for not taking any or aH actions
authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shaH become addifinnaf debt cf Bormwer secured
by this Securfly Instrument. These amounts shall bear interest al the rate applicable m 1he Debt
Instrument from time lo time. from the daie of disbursement and shall be payable. with such interest,
upon notice from Lenderto Borrower requesting payment.
If this Secun‘ty Instrument us on a leasehold. Grantor shall comply with all the provisions of the lease. {f
Gramor acquires fee title ta. the Property the leasehold and the fee lille shall not merge unless Lender
agrees ta the merger im writing.
10. Assignment of Misceilaneous Proceeds: Forfeiture. ALI Misce‘laneous Proceeds are hereby
assigned to and shall be paid to Lender. subject to the rights of any lienhoidar with rights to
Miscellaneous Proceeds mat are superior 1c: Lender's rights.
If the Properly is Miscelianeuus Proceeds shall be apphed to restoration or repair nf the
damaged such
Properly. if is economically {eashme and Lender's secumy is not lessened.
the resluraliun or repair
During such repair and restoration period‘ Lender shall have me right tn hold such Misceilaneous
Proceeds until Lender has had an appurlunity lo inspect such Property to ensure the work has been
completed to Lender's salisramion‘ provided that such inspection shaH be undertaken promptly. Lender
may pay forthe repairs and res1urafion in a single disbursement or in a series of progress payments as
lhe work i5 completed. Unless an agreemenl i5 made \n wriiing or Applicable Law reqques interest to be
paid on such Miscellaneous Proceeds, Lender shaH not be requnred la pay Granlnr any interest or
earnings on such Misce‘laneous Proceeds. Subject ta the righls of any iienholder with rights [0
Miscellaneous Proceeds that are superior to Lender's rights. \f me restoration Dr repair ”:5 nut
ecomomically feasible or Lender‘s security would be lessened the Misceilanenus Proceeds shall be
applied ta the sums secured by this Security Instrument. whether or not men due‘ with the excess. if any.
paid lo Grantor. Such Miscellaneous Proceeds snaH be applied in me order pwvided for in Section 2.
Subject to me rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's
rights, the event of a total taking, deslruction,
in m
[055 in value of lhe Pmpeny‘ the M'rscellaneous
Proceeds shall be applied 10 the sums secured by this Security Instrument, whether or not men due‘ wilh
the excess, if any‘ pa‘xd 10 Grantorr
In lhe event of a partia‘ taking, destruction. or loss in value of the Propeny in which me faxr market value
o! the Properly immediately before the panial lak‘mg. destruction, ur lass in value is equal to or greater
than the amount of the sums secured by this Security Insirument Immediately before the partial taking‘
destruction, or Enss value: Limess Grantnr and Lender u'Lherwis-a agree in writing. the sums secured by
in
this Security Instrument shall be reduced by the amount of Ine Miscellaneous Proceeds muriiplied by the
folmwmg fraction: (a) the total amount of the sums secured immediately before me panial taking,
destruction, or loss in va‘ue divided by (b) the fair market value of the Properly immediately before lhe
pamal taking, destruction. or loss in value. Subject to the rights of any lienholder with righls to
Miscellaneous Proceeds that are superior to Lender’s rights, any balance shati be paid lo Grantor.
In the event nf a panial taking‘ daslruction, or 1055 in value of the Property in which the fair market value
of the Prupeny immedmtely before the partia‘ taking. deslruCtIDn, or loss in value is less man me amount
of me sums secured immeaiatew before me pania‘ takmg‘ deslmction, or loss in value, unless Gramor
and Lender ulherwtse agree m writing the Miscellaneous Proceeds shall De appiied [o the sums secured
Dy Ems Security Instrument whether 0r n01 the sums are [hen due. subject lo the rights 0f any lienhnlder
with rights to Miscellaneous Proceeds that are superfar to Lender's rights.
If me i5 abandoned by Grantor. or if‘ after noiice by Lendel 10 Gramor that the Opposing Parly
Properly
(as defined the next sentence) offers to make an award to settle a claim tor damages‘ Gramor fails lo
In
respond ta Lender within 30 days after the dale the notice is g'wen. Lender is authorized to culled and
apply the Miscelianeous Proceeds either lo restoration or repair of lhe Progeny or to the sums secured by
this Security Instrument, whether or not then due, subject to lhe righls of any Iienhoner with rights m
Miscelianeous Proceeds thal are superior to Lender's rights. "Opposing Party" means the 1hird party that
owes Granior Misceuaneous Proceeds or me pany against whom Grantor has a right of actinn in regard
to MisceHanenus Proceeds.
Grantor shall be Ln defau‘l if any aclion 0r proceeding whelher civil or criminal. is begun that in Lender's
Judgment‘ could result in forfeiture of the Property Dr other material impairment of Lender's interest in the
Properly or rights under this Security Instrument. Grantur can cure such a default and, if acceleration has
occurred, reinstate a5 provided in Section 18‘ by causing the aciinn or proceeding to he dismissed with a
mlmg that. in Lender's judgment. precludes furfeiiure n! {he Properly 0r other material Jmpain‘nent of
Lender’s interest in the Property or rights under this Secun‘w ln51rumenL The proceeds 0f any award or
ciaim for damages that are attributable i0 the impairment of Lencier‘s interest in the Property are hereby
assigned and shall be paid to Lender,
AllMiscellaneous Proceeds thal are not app‘ied lo restoration or repair of the Properly shall be applied in
the order provided for m Section 2. subjeci to lhe rights 0f any lienholcler w'xth rights to Misneilanaous
Proceeds that are superwor lo Lender's rights.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Emension ufthe time for payment
or modification of amon‘rzaiion of the sums secured by this Security Instrument granted by Lender lo
-
erower shall not operate to release the liability of Grantor or any Successors in Interest of Grantor‘
Lender shali not be required to commence proceedings againsl any Successor in Interest cf Grantur or to
refuse to extend time for payment or otherwise modify amonizatinn o! lhe sums secured by this Security
a
Instrument by reason of any demand made by the un‘ginal Grantor or any Successors in Interest 0f
Grantor. Any forbearance by Lender in exercising any right or remedy including. without Iimilatiun‘
Lender's acceptance of payments from mird persons. entities or Successors in Interest of Grantar or In
amounts less than the amount then due. shaH not be a waiver of or preclude lhe exercise of any righl or
remedy.
12. Joint and Several Liability: Co-signers; Successors and Assigns Bound. Bonower covenants
and agrees that Borrower's obligations and liability shall be juin! and several. Grantor covenants and
agrees that Grantur‘s ubiigaliuns and Iiabiliiy shall bejoint and several. However. any Grantorwho signs
this Security Instrument but is not a Borrower (i.e., a "oo-signer"): (a) is signing this Security Insirumeni
only to mortgage. grant and convey the co—signefs interest in [he Property under the terms of this
Seourity Instrument; (n) is nol personally obligated m
pay the sums secured by this Security Inslmmenl;
and (c) agrees that Lender and Borrower can agree to amend. modify, forbear or make any
accommodations with regard tn the terms of this Security Instrument nr the Debt Instrument wilhoul me
co-signer's consent.
Subject to the provisions of Section 17, any Successor in Interest of Gramm who assumes Grantor‘s
obligations under this Security Instrument in wn‘ltng, and is approved
by Lender. shall obtain ali of
Grantor’s rights and benefiis under this Security lnsirurnent. Grantur shall no! be released from Grantor's
obligations and liability under this Securiiy Instrument mless Lender agrees to such release in writing.
The covenants and agreements of this Security Instrument shall bind {except as provided in Section 19)
and benefit the successors and assigns of Lender.
13. Loan Charges. Lender may charge Borrower fees for services performed in connection with a
default Dy eimer Borrower nr Grantor. for 1he purpose of proleming Lender's interesl in Me Properly and
rights under [hrs Security Instrument. rncluding, bul not limited
m‘ aflnmeys' fees. properly inspection arid
valuation fees. regard to any atherfees. lhe absence nf express authority in this Security Instrument t0
In
charge a specific fee [u Bnrruwer shall not be construed as a prohibition on the charging nf such fee.
Lender may nut charge fees that are expressiy prohibited by this Security Instrument or by Applicable
Law.
If the Loan is subject to a law which sets maximum loan charges. and that law is finally interpreted so
that
the interest or other loan charges collected or lo be collected in connection with the Loan exceed the
permitted limits. then: (a) any such loan charge shall be reduced by Ihe amount necessary lo reduce the
charge tu the permitted limit; and (b) any sums aIready collected from Borrower which exceeded
permitted timits will be refunded to Borrower. Lender may choose {o make {hi5 refund by reducing the
principal owed under the Debt Instrument nr by making a direct payment ta Borrower. l1 a refund reduces
principal‘ the reduction will be treated as a partial prepayment without any prepayment charge (whether
or not a prepayment charge is pmvided for under me Debt lns1rumen1). Borrower‘s acceptance of any
such refund made by direct paymeni ta Borrower wiil constitute a waiver of any right of action Borrower
might have arising Out 0f such overcharge.
14. Notices. Unless olherwise described in the Debt Instrument or in another agreemeni between
Borrower and Lender or Grantor and Lender‘ the foliowing provisions regarding notices shall apply. AIJ
notices given by Borrower. Granlor or Lender in connection with this Security Instrument must be in
writing Any notice to Borrower Dr Grantur in cnnneciion with [his Security Instrument shall be deemed to
have been given when mailed by first class mail or when actually delivered to the notice address if sent
by olher means. Notice to any one Borrower shall constitute notice to ali Borrowers unFess Applicable
Law expressly
Preview
Filing # 183818793 E-Filed 10/12/2023 10:52:58 AM IN THE CIRCUIT COURT 0F THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CASE NO. 23-000464—CI WELLS FARGO BANK, N.A. Plaintiff, v. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIBNORS, TRUSTEES, AND CREDITORS OF STUART ROGERS, JR. A/KJA STUART H. ROGERS, DECEASED, ET AL. Defendants. AFFIDAVIT AS T0 RECORD TITLE STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, this day personally appeared John C. Brock g attorney for eXL Legal PLLC, counsel for Plaintiff herein, who being first duly sworn, dcposes and says: l. I am a practicing attorney in the State of Florida, and have examined the title search prepared for this foreclosure action, together with copies 0f the relevant Official Records related to the following described property (the “Property”): 1000008538 ***ELECTRONICALLY FILED 10/12/2023 10:52:57 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** LOT 45, BAY RIDGE TERRACE UNIT 5 lST ADDITION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 61, PAGE 20, PUBLIC RECORDS 0F PINELLAS COUNTY, FLORIDA. 2. As of the date of the commencement of this action record title to the Property was vested in JAMES STUART ROGERS, JESSICA LYNN ROGERS AND MICHAEL LYNN SALKOWSKI. 3. In the chain of title t0 the Property there is a mortgage recorded in Official Records Book 15783, Page 1479, of the Official Records of PINELLAS County, Florida. (the “Mortgagc”), a copy of which is attached hereto. 4. This Mortgage is the subject matter of this foreclosure action. 5. The legal description placed on the Mortgage is incorrect because of an obvious mutual mistake in that it reads: KNOWN AS: 6511 113TH STN ALL THAT CERTAIN LAND 1N PINELLAS COUNTY, FLORIDA, TO-WI'I‘: LOT(S) 4S, OF BAY RIDGE TERRACE, UNIT 5 AS RECORDED IN PLAT BOOK 60, PAGE 9, ET SEQ, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS 0F RECORD, IF ANY. The correct legal description should read; LOT BAY RIDGE TERRACE UNIT 5 lST ADDITION, ACCORDING TO 45, PLAT THEREOF RECORDED IN PLAT BOOK 61, PAGE 20, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 6. The Defendant(s) and the Plaintiff intended for the Mortgage to properly encumber the property as described in the recorded Lis Pendens referencing this action. 1000008538 7. To effectively encumber the Property, the legal description of the Property as described in paragraph l hereof should have been placed into the mortgage. FURTHER AFFIANT SAYETH NAUGHT. SWORN TO AND SUBSCRIBED before me, by means ofphysical presence, this l¢ day of September, 2023, by John C. Brock Jr. who is personally known to mc. £1 My ommission expires: LINDA MARSELLA Commission fl HH 117111 Expires May 3. 2025 Bonded Thru Tray Fain hauram 0003857019 1000008538 KEN BURKE. CLERK OF COURT PINELLAS COUNTY FLORIDA WSW; 2007160403 GSHDIZW? al 09:41 AM OFF REC BK: 15m PG: 1479-1452 DncTyperMTG RECORDING: $120.50 M DOC STAMP! $350.00 INT TAX: SZDDJG Prepared By: Wachovia Bank National Association Reiaii Credit Servicing P.0. Box 50010 Roanoke VA 24022 Return To: Record and flelurn To: Fiseru Lending Snlmians EflflA NJohnflodes Blvd MELBOURNE, FL 3293-1 . . \opace mauve Inn. Line For Receding Data) HOME EQUITY LINE 0F CREDIT MORTGAGE DEFINITIONS Words used 1n multiplesedions of lhis documem are defined beiow and other wards are defined elsewhere in this document. Certain ruies regarding the usage of words used in mis documem are also provided in Section 15. {A} "Security Instrument" means this dacumenl. which is dated 17 Agril. 2007 (B) ”Borrower" means the parties obligated on the Debi Instrument. (C) “Grantor” under Ihis Security Instrumenl is STUART H ROGERS. UNMARRIED Grantor is the mortgagor under thls Secun‘ty Instrument. (D) “Lender" is Wachovia Bank‘ Naliunal Associaiian‘ Lender is a nalionai banking association organized and existing under me laws uf The Unued States of America Lender‘s address is Wachow‘a Bank. National Associaiion. 301 South College Street. VA 0343‘ Charrofle. N.C. 28268-0343. Lender i5 the mudgagee underthis Security Inslrument. (E) “Debt Instrument" means {he open-end line u! credit agreement or other credit instrument signed by Borrower and dated 04f17f07 The Debt lnsirument states that Lender is awed‘ . or may De owed. an amount mat may vary from time to time up to a maximum principal sum outslanding at any one time of, (U5. S 100000.00 ) plus interest 10 be repaid in Periodic Payments and in full nut Iaterman Qgflflaz Lender is r absolutely obligated under the lerms of me Debt Instrument to make advances to Bummer 50 lung as Borrower and Grantur comply wilh the terms of the Debt lnszrumem and Security instrumem: (F} “Property" means the prepeny located at 6511 113TH ST N SEM E El Hm3:12: ("Pruperty Address') and thal i5 further descr‘wbed below under the heading “Transferof Rights En the Properly.” (G) “Loan” means all amounts owed nuw or hereafler under lhe Debt Instrument. including without Iimiiation principal, interesL any prepayment charges. Late charges and other fees and charges due under me Debt Instrument. and 3:50 an sums due under this Security Instrument, plus interest. (H) "Applicable Law" means all controlling appiicable federal law and, to the exlent nol preempted by federal law. stale and local statutes regulations, ordinances and adminisiralive rules and orders (mat have the erred oflaw) as well a5 all applicable final, non-appealable judicial opinions. (I) “Community Association Dues. Fees. and Assessments" means all dues. fees. assessments and other charges that are Imposed cm Grantor nr the Property by a condominium association homeuwners association or similar organization. (J) "Eiecironic Funds Transfer” means any transfer of funds other than a transaction originated Dy check, draft‘ or simnar paper instrument. which Is iniliated through an electronic terminal. telephonic instrument, computer‘ or magnetic tape so as to order. instruct. 0r aulhnn‘ze a financial institution 10 debit or credit an account.Such term includes. but i5 not limited t0. poinl-of-sale transfers‘ aulomaled 1eller _ machine transaciions. transfers initiated by telephone, wire transfers} and automated dearinghuuse transfers. (Kl "Escrow Items" means those items thal are described in Sedion 3. [L] "Miscellaneous Proceeds" means any compensation. settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages dascn‘bed in Section 5) for: (i) damage to, or aeslrumion of. the Property; (ii) condemnation or omertakinI of aH or any part of me 1 Property: (iii) conveyance ir'l lieu nf condemnation: 0r (1v) misrepresentations of. or omissions as Io, the value andror condition of lhe Properly. (M) “Periodic Payment" means the amouMs as they become due for (i) principal. interest and other (ii) any amounts under Secflon 3 of the Debt \nstrument. plus lh‘ts Security charges as provided for ‘In lnslrument. [N] "RESPA" means lhe Real Estate Sefllement Procedures Act (12 U.S C‘ §2601 et seq) and us impiemenling regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from lime to time. ur any addifional 0r successor legislation or regulation that governs the same subject matter. A5 used in this Security Instrument, “RESPA” refers lo 3H requiremsnls and resin'cl‘mns that are imposed fn regard m a “federally rela1ed mortgage loan“ even if the Loan does not quatify as a "Eederatly related mor‘rgage loan" under RESPA. (O) “Successor in Interest of Grantor" means any party that has taken titie to the F‘mpeny, whether or not that party has assumed Borrower's obligations under the Debt Instrument andfor this Secunty lnslrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures lo Lender: (i) the repayment of the Loam and aH fume advances, renewa15. exlenslofis and modifications of the Debi Instrument including any future advances mane at a time when no indebtedness is curremly secured by this Secumy Instrument and (ii) the performance of Grantur’s covenants and agreements under this Security instrument and Borrower's covenants and agreements under the Debt lnstmmenl. Fur this purpose, Granlor does hereby mongage, grant and convey to Lender. me fuilowing described properly \ocated in the County of FINELLAS ‘ Slate at FLorida: TOGETHER WITH all the improvements now or hereafter eiected on the property. and au easements. appurtenances. and fixtures now or hereafter a pan ofihe property. All replacements and additions sha!l also be covered by this Security Instrument. Ir Ihe Propefly is a multifamiiy (2-4 fami‘y) dweHing. then [he following items now or hereafter attached £0 me Property to the extenl they a(e fixtures are aiso covered by this Security Instrument: bui‘ding maieriats. appliances and goods of every naiure whatsoever now or hereafter located in. on. or used. or intended to be used in connection with the Property, including, bul n01 limiled to, those for the purposes of supplying nr disin‘buting heaiingl coding. e1ecll1nity. gas. water. air and light, fire prevention and extinguishing apparatus, security and access control apparaius. mumbing‘ bath tubs, wata heaters, water c‘nsets. sinks, ranges, stoves. refrigerators. dishwashers. disposais. washers. dryers, awnings, storm windows‘ storm doors. screens. blinds‘ shades curtains and cunain mds. attached mirrors. cabinets. paneling and attached floui coverings. all of which. inc‘uding replacements and additions thereto. shaH be deemed t0 be and remain a part of the Properly covered by this Secunly \nstrument. AH ofthe foregoing i5 referred to in this Security Instrument as the “Propedy‘” If the Property includes a unit in. in ihe common elements of‘ a together with an umdivnded inierest condominium project (the “Condommlum Project“) and if me Gramors association or other entity wh‘wch acts forthe Condominium Project (the "Grantors Association") holds title lo property fm the benefit or use of its members or shareholders. the Property also includes Grantor‘s inierest in the Granturs Association and the uses, proceeds and benefits of Grantor's interest. If me Progeny $5 a pan of a plamed unit development (the "PUD“j, [he Property aiso includes Grantor‘s interest in the homeowners association 0r equivalent entiiy owning or managing the common areas and facilities of the PUD (the “Grantors Association") and the uses‘ benefits and proceeds of Grantor's inlerest. GRANTOR COVENANTS that Granlor is lawfully seized of the estale hereby conveyed and has the right 10 grantand convey the Propedy and that the properly i5 unencumbered, except for encumbrances 0f record. Grantur warrants and wili defend generaHy the lille to the Properly againsi all claims and demands. subjed m any encumbrances of record. UNIFORM COVENANTS. Grantor ancl Lender covenant and agree as follows: 1. Payment Escrow Items, Prepayment and Other Charges. Bonower shall of Principal, Interest, pay when due the principal of, and inlerest on‘ me debt evidenced by me Dem instrument and any prepayment charges. late charges and other charges due under me Debt Instrument. Borrower shall also pay funds far Escrow Hems pursuant m Section 3. Payments due under the Debt Instrumem and mis Security Instrument shall be made 'rn U‘S‘ currency. However, if any check 0r Diner instrument received by Lender as payment under the Debt \nstrument 0r this Securiiy Instrument is returned to Lender unpaid, Lender may require that any or aLI subsequent payments due under lhe Debt Inslrumem and this Security mslrument be made in one or more afthe foilowing forms. as selected by Lender; (a) cash; (b) money order; (c) certified check, bank check. treasurers check or cashler‘s check, provided any such check is _ drawn upon an institution whuse deposits are Insured by a tedera‘ agency‘ instrumentality. or entxly‘ or (d) Elecimnic Funds Transfer. Payments are deemed received by Lender when received afi the location designated in (or in accordance with) me Debt Instrument ur at may he designmed by Lender in accordance with such ulher locallon as the notice provisions in Section 14. Subject to Applicable Law‘ Lender may return any payment or partial paymen: ifthe payment or parlia‘ payments are insufficient t0 bring the Loan current. Lender may accept 2 any payment or partial payment insufficient to bring the Loan current without waiver of any rights hereunder or prejudice lo its n'ghls to refuse such paymenl or partial payments in the future. Payments shall be applied as permitted by applicame law and as provided In the Debt Instrument. 2. Appiication of Payments nr Proceeds. Untess other procedures are set forth in the Dem Instmrnent or Applicable Law and as oiherwise described in this Semion 2. the following provisions in this Section 2 shall govern me application of payments and proceeds with respect to the Loan‘ All payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Debl Instrument; (b) principal due under the Debt Instrument; (c) amounts due under Seci‘mn 3. Such payments shall be applied la each Periodic Payment in the order in which became due. Any remaining it amounts shaH be applied first tn late charges. second to any Diner amounts due under this Security Instrument, and then to reduce me principal baFance ofthe Debt Instrument If Lender receives a payment from Borrower for a delinquent Periodic Paymem which includes a suffimen! amounl Io pay any late charge due, the payment may be applied to the deiinquent payment and the late charge. If more than one Periodic Payment is outslanding, Lender may apply any payment received from Borrower to lhe repayment of the Periodic Payments if. and to the extent mat, each payment can be paid in full. To the extent that any excess exists afier the payment is applied tn the full payment of one or more Periodic Paymen15. such excess may be applied tr: any late charges and other charges due. Voluntary prepayments shall be applied first to any prepayment charges and lhen as described in lhe Debt Instrument. Unless olher procedures are set form In me Debt Inslrument‘ any appllcation of payments. insurance proceeds. or Miscellaneous Proceeds to principal due under the Debt Instrument shah not extend or postpone the due date‘ or change the amount. ofthe Periodic Payments. 3. Funds for Escrow Items. The Lender does no! require or provide fur an escrow at the time this Security Enslrument signed. Accordingly. the provisions of this Section 3 shall apply only if at any time is any Escrow Item, as described below and including any Community Association Dues, Fees‘ and Assessments, i5 not paid when due. and Lander gives Borrower notice that these provisions will [hereafter appiy. Until such notice is provided, Borrower shall have no obiigation under this Section 3. When the escrow is established, Borrower shall pay to Lender for deposit in an escrow account such amounts (the “Funds“? as permitted by applicable law. Thereafter, Borrower shat! pay lo Lender on the day Periodic Payments are due under the Debt Instrument. until the Debt Instrument is paid in full, a sum lo De added to the Funds 1o provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over [his Sewrity Instrument as a lien or encumbrance on the Properly; (b) leasehold payments or ground renis on the Property, if any; and (c) premiums far any and all insurance required by Lender under Section 5. These items are called "Escrow Items." Lender may require thai Community Association Dues. Fees, and Assessments if any‘ be escmwed by Borrower. and such Community Association Dues. Fees. and Assessments shall be an Escrow Item. Grantor or Borrower shall promptly furnish lo Lander all notices of amounts to be paid under this Section. Bormwer shall pay Lender lhe Funds for Escrow Items unless Lender waives Borrower's obligation 10 pay the Funds for any or all Escrow Items‘ Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time; Any such waiver may only be in writing. En me event of such waiver. Borrower shalt pay directly. when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and‘ if Lender requiras, shaIi furnish to Lender receipts evidencing such payment within such time pen‘od as Lender may require. Borrowers obiigaiion to make such payments and to provide receipts shall for all purposes be deemed lo be a covenant and agreement contained in this Security instrument. as the phrase “covenant and agreement“ is used in Section 9. If Borrower is obligated to pay Escrow Items directiy. pursuant 10 a waiver‘ and Borrower fails to pay the amount due for an Escrow Item. Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay tu Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any lime by a notice given in accordance with Section 14 and, upon such revocation, Borrower shat! pay lo Lender an Funds, and in such amounts. that are then required under this Secfion 3. Lender may, at any time, coilBCI and nold Funds in an amoum (a) sufficient to permit Lender 10 apply tha Funds at the lime specified under RESPA, applicable. and (D) not to exceed me maximum amount a ‘Il lender can require under RESPA. if appiicable. Lender shall estimate the amount of Funds due on [he basis of current data and reasonable esiimates of expenditures of luture Escrow Items or otherwise in accordance wilh Applicable Law. The Funds shall De held in an Enslitulion whose deposits are insured by a federal agency. instrumentalily. or entity (including Lender, if Lender i5 an institution whose deposits are 5c: insured) or in any Federal Home Loan Bank. Lender shall apply lhe Funds to pay the Escrow items nu laierthan theflme specified under RESPA. if applicable. Lender shall not charge Borrower for holding and applying the Funds. annuaily analyzing the escrow account. 0r verifying me Escrow Items. unless Lender pays Borrower interesi on the Funds and Appiicable Law permits Lender m make such a charge, Unless an agreement i5 made in wn‘ting ur Applicable Law requires interest Io be paid on lhe Funds, Lender shall not be — required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing. however. that interest shaH be paid on the Funds. Lender shall give to Borrower, withom charge, an annual accounting ofthe Funds as required by RESPA. ifapplicable, If is a surplus of Funds held in escrow, a5 defined under RESPA, Lender shall account 10 Borrower there fur theexcess funds in accordance with RESFA. if applicable. If RESPA is applicable and there is a - shortage of Funds held in escrow‘ as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lander the amount necessary tu make up the shortage in accordance a with RESPA. butin nu mare lhan 12 month‘y payments. If RESPA is applicabre and there is a deficiency ofFunds held inescrow, as defined under RESPA‘ Lender shal‘ notify Borrower a5 required by RESPA. and Borrower shall pay 10 Lender the amount necessary tu make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in fu‘l 0f a|l sums secured by this Secumy Instrument. Lender shall promptly refund to Borrower any Funds held by Lenden 4. Charges; Liens. Grantor shall pay ah taxes‘ assessments. charges, fines‘ and impos‘riions ann‘butable to [he Propeny which can attain priority over this Security instrument. feasehofd payments or ground rams on the Property. if any‘ and Community Association Dues. Fees. and Assessments. if any. To the extent that these iiems are Escrow Items. they shall he paid in the manner provided in Section 3‘ if Borrower i5 obligaied to d0 so under Section 3. Gramor sha‘l prompily dischalge any Hen which has priority ovef this Secun'iy Instrument unless: (a) such lien was disclosed on lhe app‘ication for 1he Loan that Borrower previded to Lender nr Grantnr agrees in writing to the payment ofthe ob‘igal'ron secured by the lien a manner acceptable to Lender, bui unly so ‘rn long as Gramor i5 performing such agreement; (b) Granlur contests Ina lien In good faith by, or defends against enforcement of the lien in. which in Lender‘s opinion operate to prevent the legal proceedings enforcement of the lien while those proceedings are pending‘ but only unti‘l such proceedings are concluded; or (c) Grantor secures from the holder of me lien an agreemenl satisfactory to Lender Subordinating the iien to this Security Instrument If Lender determines that any part of 1he Propeny is subject to a lien thal can attain pr'xarity over this Security Instrument and which was not disclosed on ihe appficatinn for me Loan that Borrower provided 10 Lender. Lender may give Grantor a notice Edenlifymg the lien. Within 1O days ofthe date on which that noilce Is given‘ Granmr shall satisfy the lien or take one or more loe actions satisfacmry to Lender set fonh above in 1I1is Semion 4. Lender may require Borrower 10 pay a one-time charge fur a real estate lax verification andfor reporting service used by Lender m connection with this Loan, 5. Propeny Insurance. Grantor shall keep me improvements now emsting or hereafler erected on the Properly insured against loss by fire. hazards Included w‘nhin the term "extended coverage." and any other hazards inducimg. but no! limited tn‘ earthquakes and floods, for which Lender requires Insurance. If the Properly is a multifamuly (2-4 fami‘y) dweHing‘ Grantur shall also maintaifl insurance agaifist rent loss. All such propeny Insurance shall be maintained \‘n the amuunls (including deductible }evels) and for me periods that Lender requires. What Lender requires pursuant to me preceding sentences can change during the term of the Loan. The insuraflce carrier pmw‘ding lhe insurance shall be chosen by Grantor subject to Lender's righi lo disapprove Grantor's choice, which right shan not he exercised unreasonably. Lender may require Borrower to pay. in connection with this Loan‘ either (a) a one-time charge for flood zone determiflation. cenificatiofi and track‘mg services: or (b) a une-lime charge for flood zone determinatinn and certification services and subsequent charges each time remappmgs or similar changes occur which reasonably might affect such determination ur certification. Borrower shall also be responszbie for the payment of any fees imposed by me Federal Emergency Management Agency in connection with the review of any flood zone determination resulting [mm an objection by Gramtor. \fGrantur fails lo maintain any of the coverages descnbed above. Lender may oblain insurance coverage‘ a1 Lender‘s option and Borrower‘s expense. Lender is under no obligation 10 purchase any paniculartype or amount of coverage. Therefore‘ such coverage shall Dover LendEr, but might ur might not protect Grantor, Grantor's equity in the Propedy, or the contents of the Prooeny, against any risk] hazard or Hability and might provide greater or iesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed lhe cost of insurance lha1 Gramor could have obtained. Any amounis disbursed by Lender underthis Section 5 shall bacome additional deb! of Borrower securad by this Security Instrument These amuunls snai‘ bear interest at the rate applicable Io the Deb! \nstrumeni from fime to lrme‘ from the date of disbursement and shaIE he payabie. mmsuch interest, upon notice [ram Lender to Bonower requesting payment. AH insurance policies requlred by Lender and renewa‘s of such policies shall be subject to Lender‘s right to disapprove such policies. shaH include a standard mungage clause. and shaH name Lender as mortgagee andior as an addilional loss payee and Grantor further agrees tn generally assign rignls m insurance proceeds to the holder of the Debt Insirument up to the amount of the Outsianding loan balance. \f Lender requires. Grantm shaH promptly give 10 Lender comes of al‘ poi‘imes. renewal cenificales. receipts of paid premiums and renewal notices. H‘ Grantor obtains any form of insurance coverage‘ nul otherwise required by Lemder. for damage to. or destruction nf‘ lhe Property, such policy shafl include a standard mofigage clause and shan name Lender as mungagee andlor as an additional loss payee and Granlor further agrees to generally assign rights to insurance proceeds the holder ofm the Debt Instrument up to me amount ofthe outstanding loan baiance‘ In me event 01' toss and subject lo Ihe rights uf any lienholder with rights ta insurance proceeds thal are superior lo Lender's rights‘ the following provisions in this Section 5 shall apply, Grantor snail give prompt notice tn the insurance carrier and Lender‘ Lender may make proof of loss if not made promptly lay Grantor. Unless Lender and Grantor otherwise agree 1n writing, any insurance proceeds, whelher or not the underlying insurance was required by Lender. shaH be applied tn restoration or repair of the Propeny‘ i! the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration penod, Lender snaH have me fight to hold such insurance proceeds until Lender has had am opponunity to inspect such Property to ensure the wnrk has been completed tn Lender’s satisfaction, provided that such inspection shaH be undedaken promptly. Lender may disburse - proceeds for lhe repairs and restoration in a single payment or in a series of progress paymems as the work #5 compieled. Unless am agreement is made in writing or Appticable Law requires interest to be paid d 0n such insurance proceeds. Lender shall not be required to pay any interest or earnings on such proceeds. Fees for pubiic adjusters, or other third parties. retained by Granlor shall not he paid out of the insurance proceeds and shalt be lhe sole obligation of Grantor. If the restoration or repair is nui economically feasible or Lender's security would be lessened. lhe insurance proceeds shall be applied la the sums secured by this Secun‘ty Instrument. whether or not than due. with the excess, if any, paid m Grantor. Such insurance proceeds shall De applied in lhe order provided for in Section 2. \f Granlor abandons the Property. Lender may file. negotiate and settle any available Jnsurance claim and related matters. If Granlor does nol respond within 30 days to a notice from Lender thai the Insurance carrier has offered to settle a claim, then Lender may negotiate and same the claim The 30-day period will begin when the notice is given. in either event, or if Lender acquires the Property under Section 21 or otherwise, Grantor hereby assigns 1o Lender (a) Grantors rights {o any insurance proceeds in an amount nut to exceed the amounts unpaid under the Debt Instrumem or this Security Instrumem. and (b) any mher of Grantor's rights (other than lhe right to any refund uf unearned premiums pa‘rd by Grantor) under all insurance policies covering the Property, insofar as such rights are applicable Io the coverage of lhe Fropedyl Lender may use the insurance proceeds either to repair nr restore the Property or tn pay amounts unpaid under the Debt Inslmment or lhls Security Instrument, whether or n01 then due. subject 10 the rights of any {ienholder with rights to insurance proceeds thai are supefinrtn Lender's fights. 6. Occupancy. Unless Granlur i5 a corporation. association or partnership. Granlar shall occupy‘ establish and use lhe Property as Grantor's principal residence within 60 days after the execution of this Security Instrument and shall continue lo occupy the Property as Grantor‘s principai residence for at least one year after the date of occupancy, unless (a) Borrower has disclosed on the apph‘calion fur lhe Loan lhat Borrower provided mLender that the Prepeny snail not be Grantor's principal residence; (b) Lender utherwise agrees in wriling, whlch consent shall n01 be unreasonably withheld; or (c) unless extenuating circumstances exisl which are beyond Grantor‘s control. if Borrower indicated on the application for lhe Loan ma: the Property will be a second home and no! Grantor's principal resjdence. than Grantor shall occupy‘ and shall only use. the Property a5 Grantors second home‘ Grantor snalr keep me Propeny available fur Grantor's exclusive use and enjoyment at all limes, and shall nut subjeci the Fmpeny to any iimesharing or other shared ownership arrangement or to any rental pool or agreement that requites Gramor either lo rent the Property or give a management firm or any other person any control over the occupancy or use of the Properly, This Section 6 does nut apply if the Progeny is a multifamiiy (2—4 family) dwelling. unless Lander and Grantur olherwise agree in writing. 7. Preservation. Maintenance and Protection of the Property; Inspections. Grantor shall nu! destroy damage or impair lhe Pmpeny. allow the Propedy to deteriorate or commil waste on the Properly. Whether or not Granlor Es residing in lhe Property, Granlor shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its candiliom Unless it Is determined pursuant lo Section 5 that repair or restoration is not economically feasible. Grantor shall promptly repair the Properly if damaged tn avoid further deterioraiion or damage, If insurance or condemnation proceeds are paid In connection with damage tov or the taking of. the Property Granior shall De responsib‘e [or repairing ur restoring lhe Property only if Lender has released proceeds for such purposes. Lender may disburse preceeds for the repairs and restoration in a singie payment nr in a series of progress payments as the wnrk is completed‘ If lhe Insurance or condemnation proceeds are not sufficient 10 repair or restore the Property, Grantor is not relieved of Grantor's. obligation for the completion of such repair or restoration Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Grantor notice al the time of or pn‘or to such an interior inspection specifying such reasonabie cause. 8. Borrower‘s Loan Application. Borrower shall be in default during the Loan application process, if. Borrower or any persons or entities acting at the direclion of Borrower or wiln Borrower‘s knowledge or consent gave materially false. misleading. nr inaccurate infnrmation Dr statements to Lender (or failed to provide Lender with maten‘at information) in connection with the Loan, Maien’al representations include. but are not limited to. (a) representations concerning Grantor‘s occupancy of the Property as Grantor‘s principal residence or second home am: (b) liens on the Properly mat have priority over this Secur‘ny lnslrument. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Grantor fails lo perform the covenants and agreements contained in this Security Inslrument or any obligation that is secured by a Hen that is superior to this Security Instrument, (b) lhere is a legal proceeding that might significantly alfect Lender’s interest in [he Property andfur lights under this Security Instrument (such as a proceeding in bankruptcy probate, for condemnation orforfeilure, for enforcement nf any lien which may attain priority over this Securiiy Inslmmenl or to enforce laws or regulations). or (c)Granior has abandoned the Propedy. 1hen Lender may do and pay for whatever is reasonable or — appropriate to protect Lender's interest in the Property and rights under this Securiiy Instrument. including protecting andfor assessing me value of the Property and securing andIor repairing the Property Lender‘s amions can include‘ but are not limited 1o: (a) paying any sums secured by a lien which has priority overthis Security Instrument; (b) appearing in court; and (c) paying reasonable ailorneys' fees tn proiecl its interest In the Property andmr righis under this Security Instrument. including its secured position in a bankruptcy proceeding. Securing the Propeny inciudes, but is not limited lo, entering the _ Property 10 make repairs. change locks, replace or board up doors and windows. drain water from pipes, eliminate buifdfng or other code vioiat'tons or dangerous candifions, and have utHiiI‘es turned an or off Although Lender may take action under this Section 9, Lender does nal have lo do 50 ancl is not under 5 any duty or obligation ta do su‘ It 1's agreed that Lender incurs no liability for not taking any or aH actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shaH become addifinnaf debt cf Bormwer secured by this Securfly Instrument. These amounts shall bear interest al the rate applicable m 1he Debt Instrument from time lo time. from the daie of disbursement and shall be payable. with such interest, upon notice from Lenderto Borrower requesting payment. If this Secun‘ty Instrument us on a leasehold. Grantor shall comply with all the provisions of the lease. {f Gramor acquires fee title ta. the Property the leasehold and the fee lille shall not merge unless Lender agrees ta the merger im writing. 10. Assignment of Misceilaneous Proceeds: Forfeiture. ALI Misce‘laneous Proceeds are hereby assigned to and shall be paid to Lender. subject to the rights of any lienhoidar with rights to Miscellaneous Proceeds mat are superior 1c: Lender's rights. If the Properly is Miscelianeuus Proceeds shall be apphed to restoration or repair nf the damaged such Properly. if is economically {eashme and Lender's secumy is not lessened. the resluraliun or repair During such repair and restoration period‘ Lender shall have me right tn hold such Misceilaneous Proceeds until Lender has had an appurlunity lo inspect such Property to ensure the work has been completed to Lender's salisramion‘ provided that such inspection shaH be undertaken promptly. Lender may pay forthe repairs and res1urafion in a single disbursement or in a series of progress payments as lhe work i5 completed. Unless an agreemenl i5 made \n wriiing or Applicable Law reqques interest to be paid on such Miscellaneous Proceeds, Lender shaH not be requnred la pay Granlnr any interest or earnings on such Misce‘laneous Proceeds. Subject ta the righls of any iienholder with rights [0 Miscellaneous Proceeds that are superior to Lender's rights. \f me restoration Dr repair ”:5 nut ecomomically feasible or Lender‘s security would be lessened the Misceilanenus Proceeds shall be applied ta the sums secured by this Security Instrument. whether or not men due‘ with the excess. if any. paid lo Grantor. Such Miscellaneous Proceeds snaH be applied in me order pwvided for in Section 2. Subject to me rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's rights, the event of a total taking, deslruction, in m [055 in value of lhe Pmpeny‘ the M'rscellaneous Proceeds shall be applied 10 the sums secured by this Security Instrument, whether or not men due‘ wilh the excess, if any‘ pa‘xd 10 Grantorr In lhe event of a partia‘ taking, destruction. or loss in value of the Propeny in which me faxr market value o! the Properly immediately before the panial lak‘mg. destruction, ur lass in value is equal to or greater than the amount of the sums secured by this Security Insirument Immediately before the partial taking‘ destruction, or Enss value: Limess Grantnr and Lender u'Lherwis-a agree in writing. the sums secured by in this Security Instrument shall be reduced by the amount of Ine Miscellaneous Proceeds muriiplied by the folmwmg fraction: (a) the total amount of the sums secured immediately before me panial taking, destruction, or loss in va‘ue divided by (b) the fair market value of the Properly immediately before lhe pamal taking, destruction. or loss in value. Subject to the rights of any lienholder with righls to Miscellaneous Proceeds that are superior to Lender’s rights, any balance shati be paid lo Grantor. In the event nf a panial taking‘ daslruction, or 1055 in value of the Property in which the fair market value of the Prupeny immedmtely before the partia‘ taking. deslruCtIDn, or loss in value is less man me amount of me sums secured immeaiatew before me pania‘ takmg‘ deslmction, or loss in value, unless Gramor and Lender ulherwtse agree m writing the Miscellaneous Proceeds shall De appiied [o the sums secured Dy Ems Security Instrument whether 0r n01 the sums are [hen due. subject lo the rights 0f any lienhnlder with rights to Miscellaneous Proceeds that are superfar to Lender's rights. If me i5 abandoned by Grantor. or if‘ after noiice by Lendel 10 Gramor that the Opposing Parly Properly (as defined the next sentence) offers to make an award to settle a claim tor damages‘ Gramor fails lo In respond ta Lender within 30 days after the dale the notice is g'wen. Lender is authorized to culled and apply the Miscelianeous Proceeds either lo restoration or repair of lhe Progeny or to the sums secured by this Security Instrument, whether or not then due, subject to lhe righls of any Iienhoner with rights m Miscelianeous Proceeds thal are superior to Lender's rights. "Opposing Party" means the 1hird party that owes Granior Misceuaneous Proceeds or me pany against whom Grantor has a right of actinn in regard to MisceHanenus Proceeds. Grantor shall be Ln defau‘l if any aclion 0r proceeding whelher civil or criminal. is begun that in Lender's Judgment‘ could result in forfeiture of the Property Dr other material impairment of Lender's interest in the Properly or rights under this Security Instrument. Grantur can cure such a default and, if acceleration has occurred, reinstate a5 provided in Section 18‘ by causing the aciinn or proceeding to he dismissed with a mlmg that. in Lender's judgment. precludes furfeiiure n! {he Properly 0r other material Jmpain‘nent of Lender’s interest in the Property or rights under this Secun‘w ln51rumenL The proceeds 0f any award or ciaim for damages that are attributable i0 the impairment of Lencier‘s interest in the Property are hereby assigned and shall be paid to Lender, AllMiscellaneous Proceeds thal are not app‘ied lo restoration or repair of the Properly shall be applied in the order provided for m Section 2. subjeci to lhe rights 0f any lienholcler w'xth rights to Misneilanaous Proceeds that are superwor lo Lender's rights. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Emension ufthe time for payment or modification of amon‘rzaiion of the sums secured by this Security Instrument granted by Lender lo - erower shall not operate to release the liability of Grantor or any Successors in Interest of Grantor‘ Lender shali not be required to commence proceedings againsl any Successor in Interest cf Grantur or to refuse to extend time for payment or otherwise modify amonizatinn o! lhe sums secured by this Security a Instrument by reason of any demand made by the un‘ginal Grantor or any Successors in Interest 0f Grantor. Any forbearance by Lender in exercising any right or remedy including. without Iimilatiun‘ Lender's acceptance of payments from mird persons. entities or Successors in Interest of Grantar or In amounts less than the amount then due. shaH not be a waiver of or preclude lhe exercise of any righl or remedy. 12. Joint and Several Liability: Co-signers; Successors and Assigns Bound. Bonower covenants and agrees that Borrower's obligations and liability shall be juin! and several. Grantor covenants and agrees that Grantur‘s ubiigaliuns and Iiabiliiy shall bejoint and several. However. any Grantorwho signs this Security Instrument but is not a Borrower (i.e., a "oo-signer"): (a) is signing this Security Insirumeni only to mortgage. grant and convey the co—signefs interest in [he Property under the terms of this Seourity Instrument; (n) is nol personally obligated m pay the sums secured by this Security Inslmmenl; and (c) agrees that Lender and Borrower can agree to amend. modify, forbear or make any accommodations with regard tn the terms of this Security Instrument nr the Debt Instrument wilhoul me co-signer's consent. Subject to the provisions of Section 17, any Successor in Interest of Gramm who assumes Grantor‘s obligations under this Security Instrument in wn‘ltng, and is approved by Lender. shall obtain ali of Grantor’s rights and benefiis under this Security lnsirurnent. Grantur shall no! be released from Grantor's obligations and liability under this Securiiy Instrument mless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind {except as provided in Section 19) and benefit the successors and assigns of Lender. 13. Loan Charges. Lender may charge Borrower fees for services performed in connection with a default Dy eimer Borrower nr Grantor. for 1he purpose of proleming Lender's interesl in Me Properly and rights under [hrs Security Instrument. rncluding, bul not limited m‘ aflnmeys' fees. properly inspection arid valuation fees. regard to any atherfees. lhe absence nf express authority in this Security Instrument t0 In charge a specific fee [u Bnrruwer shall not be construed as a prohibition on the charging nf such fee. Lender may nut charge fees that are expressiy prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected or lo be collected in connection with the Loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by Ihe amount necessary lo reduce the charge tu the permitted limit; and (b) any sums aIready collected from Borrower which exceeded permitted timits will be refunded to Borrower. Lender may choose {o make {hi5 refund by reducing the principal owed under the Debt Instrument nr by making a direct payment ta Borrower. l1 a refund reduces principal‘ the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is pmvided for under me Debt lns1rumen1). Borrower‘s acceptance of any such refund made by direct paymeni ta Borrower wiil constitute a waiver of any right of action Borrower might have arising Out 0f such overcharge. 14. Notices. Unless olherwise described in the Debt Instrument or in another agreemeni between Borrower and Lender or Grantor and Lender‘ the foliowing provisions regarding notices shall apply. AIJ notices given by Borrower. Granlor or Lender in connection with this Security Instrument must be in writing Any notice to Borrower Dr Grantur in cnnneciion with [his Security Instrument shall be deemed to have been given when mailed by first class mail or when actually delivered to the notice address if sent by olher means. Notice to any one Borrower shall constitute notice to ali Borrowers unFess Applicable Law expressly