Preview
Filing # 95054335 E-Filed 08/30/2019 02:14:22 PM
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR BRADFORD COUNTY, FLORIDA
CIVIL ACTION
U.S. BANK NATIONAL ASSOCIATION,
Plaintiff,
CASE NO.:
VS. DIVISION:
KRISTIN FRANKS, et al,
Defendant(s).
/
AFFIDAVIT AS TO LOST OR MISPLACED ORIGINAL NOTE
STATE OF KENTUCKY
COUNTY OF DAVIESS
PERSONALLY appeared before me, Charity M. Hood (the “Affiant”),
who, upon being duly sworn under oath and under penalty of perjury, states as follows:
Affiant is a, Assistant
_ Vice President of U.S. Bank National Association (“U.S. Bank”). Lam
authorized to make this Affidavit on behalf of U.S. Bank, | am over the age of 18 and competent
to testify as to the matters contained herein. | have personal knowledge of all facts set forth in
this affidavit.
In the regular performance of my job functions, | am familiar with business records maintained
by U.S. Bank for the purpose of servicing mortgage loans and | have personal knowledge of the
operation of and the circumstances surrounding the preparation, maintenance, and retrieval of
records in U.S. Bank’s record keeping systems. These records (which include data compilations,
electronically imaged documents, and others) are made at or near the time by, or from
information provided by, persons with knowledge of the activity and transactions reflected in
such records, and are kept in the course of business activity conducted regularly by U.S. Bank. It
is the regular practice of U.S. Bank’s mortgage servicing business to make these records,
Based upon my review of U.S, Bank’s business records, Kristin and Mathew Franks executed and
delivered to Universal Mortgage Corporation D/B/A UFG Mortgage a certain promissory note
dated May 31, 2007 (the “Note”). The Note was secured by a Mortgage/Deed of Trust dated May
31, 2007, which was executed by Kristin and Mathew Franks, for a property located at 6565 NW
Cr 125, Lawtey, FL 32058. The mortgage was recorded on June 6, 2007 in the Bradford County
Registry of Deeds in Book 1219, Page 553. U.S, Bank is the current servicer of the Loan
pursuant to the chain of endorsements, transfers, or assignments set forth below.
Electronically Filed Bradford Case # 19000486CAAXMX 08/30/2019 02:14:22 PM
The chain of all endorsements, transfers or assignments of the original Note is as follows.
a. Universal Mortgage Corporation D/B/A UFG Mortgage to U.S. Bank
National Association via Assignment of Mortgage.
U.S. Bank has made a diligent and extensive search of its records in a good faith effort to
discover the lost Note without success. In accordance with its procedures for locating a lost Note,
U.S. Bank searched the following in an attempt to locate the lost Note: (a) the loan origination
file; (b) other files in its custody; (c) internal vault locations; and (d) offsite box storage records.
U.S. Bank also contacted the current attorney assigned to the file and, where applicable, any prior
attorney assigned to handle the file.
After conducting a diligent search, U.S. Bank is unable to reasonably obtain possession of the
original Note. U.S. Bank cannot reasonably obtain possession of the note because (select one):
(a) the note was destroyed
V(b) the note is lost
(c) the note is in the wrongful posse: ion ofan unknown person
{d) the note is in the wrongful possession of a person who cannot be found or is not
amenable to service of process
U.S. Bank is entitled to enforce the lost Note because they directly or indirectly acquired an
interest in the instrument from a person who was entitled to enforce the instrument when loss of
possession occurred and the loss of possession of the Note was not the result of a transfer by U.S.
Bank or a lawful seizure.
A copy of the subject Note is attached as Exhibit A. To the best of my knowledge, information
and belief, this copy is a true, correct and substantial copy of the lost or destroyed Note. A copy
of the Assignment of Mortgage is attached as Exhibit B. A copy of the screen shot showing
when U.S. Bank acquired the loan is attached as Exhibit C.
U.S. BANK NATIONAL, ASSOCL/ ATION
DATE: August Qt 2019 BY: ALA A
Le
[SIGNATURE- SIGNATORY]
Charity M. Hood, Assistant Vice President
[PRINTED NAME OF SIGNATORY)
TB = 19-019792
State of Kentucky
County of Daviess
an
foregoing instrument was subscribed and sworn to before me this August
, 2019, by Charity M. Hood, Assistant Vice President of U.S. Bank National
Association, a federally chartered banking association, on behalf of U.S. Bank
National Association.
oe
fi f. 4 (seal)
(signature of notary)
State at Large .
/
(title or rank) ‘OFFICAL SEAL
SS SHAWNA M, MeGAHEY
ea NOTARY PUBLIC -KenTUcier
st
aN My yare02s
©
®
ESSSBNSOSS SBESs GETSIGISSISS
Edited 02/04/2015
- ae en - i
NOTE BHA Case No.
Florida
THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS
INDEBTEDNESS.
May 3ist, 2007 Loan Ml
Mate}
6565 NW CR 125
We Hereby Certifiy That
WTEY, FL 32058 This ts a True & Correct Copy
{Property Address} Advance Homestead Title
1. PARTIES By.
"Borrower" means each person signing at the end of this Note, and the person's successors and [I “Lender” means
Universal Mortgage Corporation D/B/A UFG Mortgage
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In retum for a loan received from Lender, Borrower promises to pay the principal sum of
One Hundred Nineteen Thousand Nine Kundred Fifty One and no/100.
Dollars (U.S. $ 119,951.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal,
from the date of disbursement of the loan proceeds by Lender, at the rate of Seven
percent ( 7,000 %) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument thet is dated the same date
as this Note and called the "Security lustrument." The Security Lnsicument protects the Lender from losses which might result if
Borrower defaults under this Note.
4, MANNER OF PAYMENT
{A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
duly lst,
2007 . Any principal and interest remaining on the first day of June 2037 + will be due
on that date, which is called the “Maturity Date.”
(B) Place
Payment shall be made at 12080 North Corporate Parkway, Mequon, a $3092
or at such place as Lender may designate in writing
by notice to Borrower,
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 738,04 . This
amount will be part of a larger monthly payment required by the Security Instrument, thet shall be applied to principal, interest
and other items in the order described in the Security Instrument.
FHA Florida Fixed Rate Note - 10/95.
Ernie f04041,01 Amended 10/98
ViMP Mortgage Solutions, ino. (#00}521-7281
Paget
of 3 Jitots:
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of
the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note. [Check applicable box}
CJ Graduated Payment Allonge Cc Growing Equity Allonge Other [specify]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first
day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for
the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a
partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in
writing to those changes.
6, BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph
4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount
of Fifteen percent ( 4,000 %) of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations
of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and
all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in
full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used
in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable
Jaw. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7, WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the
right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address,
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9, OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed, Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things, Any person who takes over these obligations, including the obligations of a guarantor, surety
D-18FL) (0008.01 Page 2 of 3 nist
Lee
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or endorser of this Note, is also obligated to keep all of the promises made in this Note, Lender may enforce its rights under this
Note against each person individually or against all signatories together. Any one person signing this Note may be required to
pay all of the amounts owed under this Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note,
Dyyatitn
SW hoot ee, Seal) Midtrod Sales (Seal)
KRISTIN PRANKS -Borrower MATHEW FRANKS Borrower
(Seal) (Seal)
“Borrower -Borrower
(Seal) Seal)
Borrower Borrower
(Seal) (Seal)
Borrower -Borrower
{Sign Original Only]
Snr (0404.01 Page 3.of 3
L os
Inst. Number: 201004239437 Book: 1368 Page: 501 Date: 7/26/2010 Time: 11:29:43 AM
po se a ven sens
wm
‘This document was prepared by: est 201004210427 Date 7/26/2010 Timott-28 Ala
DC Ray Norman Biadterd© B:1368 P.60t
SEAN SPIVEey vor me
34916 US HRY 19 NORTH
PALM HARBOR, FL 39684
tel, to,: 262-292-7000
Loan ¢
ASSIGNMENT OF Montene
For Value Received, the wulersigoed holderof a Morigage therein “Assignor") whose address is 12060 NORTH
CORDORATR PKWY, MEQUON, WI 83692
does hereby grant, sell, assiga, transfer
and convey, unto U.S. BANK NATTOWAL ASSOCIATION
‘corporadom organized and existing under the les of
tHE URieeD SYATES
(herein “Assignee”, whose wdress is 4801 FREDERICA STREET ONRNSBORO, KY 42304
, 2eertain Mongage dated ny Bist 2007 4 made and exmcuted by
KRISTIN FRAVKS AND MATHEW PRANKS, WIFE AND HUSBAND
Recordeck be/of7
to ondin favor of UNIVERSAL MORTGAGE CORPORATION D/A/B UFC MORTOAGE uponthe
following described property situated in BRADFORD County, State of Florida:
SUS SXHTAIT “AY ATTACHED
such Morigage having been givento secure payment of ONE HURORED NINETEEN THOUSAND NINE HUNDRED FIFTY
ONR AND NO/ioe e 119,981.00 ) lnclude the Original Principal Amount)
which Morigage is of revord ip Book, Volume, or Liker No 1219 at poge 553
{or as No. 2007200067 } the Records of
BRADSORD County, State of Florida, together with the pote(s) and obtigations therein
pahuand.to become dls thereon With interest, and all rights necruad or10 accrue under.such Morigage, steht
TO HAVE AND TO HOLD te sina ono Assignee, its successor ond assigns, forever, subject only to the (ems ant
conditions of the atove-deseribed Mortgage.
IN| WITNESS WHEREOF. the und:
s
Assigaor has exccuted this Assignment of Mortgage on
MAY 12TH 2010 ae Clete i
Se!
2%
ronmei INTVERSAL MORTGAGE CORSORAT TON
Witness ROLLY Gi (assigear)
HY Ceeteey aay
es erage
ye, By: Aswds dt Preasusches
WEAN SIACENTINE Sigoatare)
qupi b. EAUDRY, ASSISTANT SECRETARY
Ader DANIELLE RAAGCK, ASSISTANT SECRETARY
Seals
State
af Mlorida / NOTORTZED IN THE STATE OF WT
County of ORAUKER
‘The foregoing instrument was acknowledged before me this
MAY 427H, 2016 by
JUDY b. BRAUDRY AND DANIELLE RAASCH
ASSISTANT SECRETARY AND ASSISTANT SECRETARY
of UNIVERSAL MORTGAGE CORPORATION a
WISCONSIN corporstion, on behalf of the corporation. He/She is personally
known to meor hak produced A DRIVER'S LicENeE as identiGication,
RECORD AND SETURN TO
WS. BANS HOME MORTGAGE BARY K. HARD
009 S$. SOPH STR., STH 210 NOTARY FOR: OZAUKEE COUNTY
WeaY ALLIS, WI 83214 MY COMMESSION EXPIRES: 03/47/2013
Flodiia Assignmant of Martgage with
Acknowledge
SUGWIFL) see: 4708
A acpi Seas ng, HOHE 99
Onaor 19 90408S2CH Page tof 2 Rroquested By: dougiastatsyene, Printed? 8:20:2059 4:18 UE
Dee: PLBRAD VIES-N0891
MSP® Explorer: Delinquency 4 - Primary Collection (DLQ1/BORR)
515-U.S. BANK HOME MORTGAGE
ME Number: Borrower Name: FRANKS KRISTIN
ro
aL PLHA.
Ox DELINQUENCY
PER/CLS/OFF F/
OWNR n/a 08/26/19
/AQ AGE: 12¥ 3M IR:
14:18:23
4.00000 INV: 092
DUE ( ”» 4,816. 51 DUE 02/01/19 2) (03/29) ASSUM: ACQ:05/12/10
LATE CHRG 734. 38 PAYMT @ 688.09 P: 6565 NW CR 125
BAD CK FEES 90 L/C AMT 27.52 LAWTEY FL 32058
OTHER FEES 00 PAYMT + LC 715.61 M:
TOT DUE 5,550. Bo* PRIN BAL 111,427.77
SUSPENSE. 00 Pat 568.55 6565 NW COUNTY ROAD 125
NET DUE 5,550. Bo DLQ 10 TIME,PAY 70 DAY LAWTEY FL 32058
c/s 002 KRISTIN FRANKS Mi MOBILE MTGR 1
cC/D 03/18 MATTHEW FRANKS Ml MOBILE MTGR 1
*PHONE WO*
-IMD: N-- ~~ * ADDITIONAL MESSAGES * -~ “WU:PB
-=SPOC=- PRESS PF14 FOR MEMOS
LIFE~OF-LOAN: 1XCC WAIVER LC USED
->-~*BORR- ~-* BORROWERS *~~.
*** NO CO-BORROWERS FOUND ***
Printed By: Carrie Bratcher on 8/27/2019 1:18:28 PM Page 1 oft
RETURN TO:
fo
a
2 1203 SW. 12th STREET, TILE
SUITE ¢
ONY CO Return To: OCALA, FL 34474
\?_ 9 O universal Mortgage Corporation D/B/A UFG Mortgage
oO
oy 12080 Nerth Corporate Parkway
Mequon, Wr 53092
800-558-7280
This document was prepared by:
Sean Spivey
34010 US Hwy 19 North Insts 2007208087 Daten asia dagri4ilé
Palm Harbor, FL 34684 Qo Stamp-Mort + 42
Intang, Tax + i
WKIUHG. it. hay fioraan Jira ord County 84219 Peds
se ee
I sr err nr a "HA Case No-
State of Florida
MORTGAGE a
THIS MORTGAGE ("Security Instrument") is given on May 3ist, 2007
The Mortgagor is KRISTIN FRANKS and MATHEW FRANKS, Wife and Husband
, whose address is
410 N W COUNTRY RD. 125, AVTEY, FL 32058
("Borrower"). This Security Instrument is given to Universal Mortgage Corporation D/B/A UFG
Mortgage
which is organized and existing under the lawsof The State of Wisconsin , and
whose address is 12080 North Corporate Parkway, Mequon, WI 53092
("Lender"). Borrower owes Lender the principal sum of
One Hundred Nineteen Thousand Nine Hundred Fifty One and no/io0.
Dollars (U.S. $ 119,952.00 )
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides
for monthly payments, with the full debt, if not paid earlier, due and payable on June ist,
2037 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the
Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums,
with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance
FHA Florida Mortgage - 4/96
Sperry (0308).01
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Baga
1 of 9 ‘ni
Order: 191040632did Page 1 of 18 Requested By: douglaslafayette, Printed: 8/20/2019 4:15 PM
Doc: FLBRAD:1219-00853.
Jnst:2007208067 Date 94/06/2007 Timer 14:18
Doc Stawp-Mort ¢ +90
Intang. Tay +90
Me De, Ri Noi Co: nty Bri219 Pros4
radford Cow
ee —_— — — -
of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower
does hereby mortgage, grant and convey to the Lender the following described property located in
BRADFORD County, Florida:
SEE EXHIBIT "A" ATTACHED
Parcel ID Number: 01248000601
which has the address of 6565 NW CR 125 [Street]
LAWTEY [City], Florida 32058 [Zip Code] ("Property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record,
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and Late 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) leasehold payments or ground rents on the
Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
which such premium would have been required if Lender still held the Security Instrument, each monthly payment
shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these
items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
any 40308).01 Page 2 of 8
HM
Order: 191040632dk1 Page 2 of 18 Requested By: douglasiafayette, Printed: 8/20/2019 4:15 PM
Doe: FLBRAD:1219-00553
Inst 12007208067 Dates a 6/2007 Times 14:18
joc Sta Hort + 4
OT
So De flay
2 FF
rad ford Caui ntit 11219 22595
——— -
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. Section 2601 ef seg. and implementing regulations, 24 CFR Part 3500, as they may be
amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated
disbursements or disbursements before the Borrower's payments are available in the account may not be based on
amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender
shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any
time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to
make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance
remaining for all installment items (a), (b), and (c) and any mortgage 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 foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be
eredited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether
now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently
erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable
clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance
proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the
purchaser.
Ssneru (0308).01 Page
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AH
Order: 191040632dkI Page
3 of 18 Requested By: douglastafayette, Printed: 8/20/2019 4:15 PM
Doe: FLBRAD:1219-00553
Inst+2007208067 DateG6/06/2007 Timesi4s16
Doc ep-Mort + 420.00
Tn a3 F
BC,Ray Noraan, radford County 82h 217 Pride
.— wee ee
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leascholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the
Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant
or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
abandoned Property, Borrower shall also be in default if Borrower, during the loan application process, gave
materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations
concerning Borrower's occupancy of the Property as a principal residence, If this Security Instrument is on a
leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are
hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid
under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness
under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in
paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or
postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such
payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments,
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's
rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note
rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)
contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the
Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give
Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth
above within 10 days of the giving of notice.
Sparen (0308},01 Page
4 of 9 Initgs:
Order: 191040632dki Page
4 of 18 Requested By: douglaslafayette, Printed: 8/20/2019 4:15 PM
Doe: FLBRAD:1219-00553
ing 2007208047 Date 06/05/2007 Timeri4s18
Dac ap 99
Int Tay :: 27.90
I Ray tnrean,Bradford tos 12,1919 257
oe — Se — — — -
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment
defaults, require immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(4)
of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C, 1701j-3(d)) and with the prior
approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument
if:
(i) AU or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold
or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(©) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but
Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not
paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.
(©) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined
to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender
may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A
written statement of any authorized agent of the Secretary dated subsequent to 60 days fr
Preview
Filing # 95054335 E-Filed 08/30/2019 02:14:22 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR BRADFORD COUNTY, FLORIDA CIVIL ACTION U.S. BANK NATIONAL ASSOCIATION, Plaintiff, CASE NO.: VS. DIVISION: KRISTIN FRANKS, et al, Defendant(s). / AFFIDAVIT AS TO LOST OR MISPLACED ORIGINAL NOTE STATE OF KENTUCKY COUNTY OF DAVIESS PERSONALLY appeared before me, Charity M. Hood (the “Affiant”), who, upon being duly sworn under oath and under penalty of perjury, states as follows: Affiant is a, Assistant _ Vice President of U.S. Bank National Association (“U.S. Bank”). Lam authorized to make this Affidavit on behalf of U.S. Bank, | am over the age of 18 and competent to testify as to the matters contained herein. | have personal knowledge of all facts set forth in this affidavit. In the regular performance of my job functions, | am familiar with business records maintained by U.S. Bank for the purpose of servicing mortgage loans and | have personal knowledge of the operation of and the circumstances surrounding the preparation, maintenance, and retrieval of records in U.S. Bank’s record keeping systems. These records (which include data compilations, electronically imaged documents, and others) are made at or near the time by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by U.S. Bank. It is the regular practice of U.S. Bank’s mortgage servicing business to make these records, Based upon my review of U.S, Bank’s business records, Kristin and Mathew Franks executed and delivered to Universal Mortgage Corporation D/B/A UFG Mortgage a certain promissory note dated May 31, 2007 (the “Note”). The Note was secured by a Mortgage/Deed of Trust dated May 31, 2007, which was executed by Kristin and Mathew Franks, for a property located at 6565 NW Cr 125, Lawtey, FL 32058. The mortgage was recorded on June 6, 2007 in the Bradford County Registry of Deeds in Book 1219, Page 553. U.S, Bank is the current servicer of the Loan pursuant to the chain of endorsements, transfers, or assignments set forth below. Electronically Filed Bradford Case # 19000486CAAXMX 08/30/2019 02:14:22 PM The chain of all endorsements, transfers or assignments of the original Note is as follows. a. Universal Mortgage Corporation D/B/A UFG Mortgage to U.S. Bank National Association via Assignment of Mortgage. U.S. Bank has made a diligent and extensive search of its records in a good faith effort to discover the lost Note without success. In accordance with its procedures for locating a lost Note, U.S. Bank searched the following in an attempt to locate the lost Note: (a) the loan origination file; (b) other files in its custody; (c) internal vault locations; and (d) offsite box storage records. U.S. Bank also contacted the current attorney assigned to the file and, where applicable, any prior attorney assigned to handle the file. After conducting a diligent search, U.S. Bank is unable to reasonably obtain possession of the original Note. U.S. Bank cannot reasonably obtain possession of the note because (select one): (a) the note was destroyed V(b) the note is lost (c) the note is in the wrongful posse: ion ofan unknown person {d) the note is in the wrongful possession of a person who cannot be found or is not amenable to service of process U.S. Bank is entitled to enforce the lost Note because they directly or indirectly acquired an interest in the instrument from a person who was entitled to enforce the instrument when loss of possession occurred and the loss of possession of the Note was not the result of a transfer by U.S. Bank or a lawful seizure. A copy of the subject Note is attached as Exhibit A. To the best of my knowledge, information and belief, this copy is a true, correct and substantial copy of the lost or destroyed Note. A copy of the Assignment of Mortgage is attached as Exhibit B. A copy of the screen shot showing when U.S. Bank acquired the loan is attached as Exhibit C. U.S. BANK NATIONAL, ASSOCL/ ATION DATE: August Qt 2019 BY: ALA A Le [SIGNATURE- SIGNATORY] Charity M. Hood, Assistant Vice President [PRINTED NAME OF SIGNATORY) TB = 19-019792 State of Kentucky County of Daviess an foregoing instrument was subscribed and sworn to before me this August , 2019, by Charity M. Hood, Assistant Vice President of U.S. Bank National Association, a federally chartered banking association, on behalf of U.S. Bank National Association. oe fi f. 4 (seal) (signature of notary) State at Large . / (title or rank) ‘OFFICAL SEAL SS SHAWNA M, MeGAHEY ea NOTARY PUBLIC -KenTUcier st aN My yare02s © ® ESSSBNSOSS SBESs GETSIGISSISS Edited 02/04/2015 - ae en - i NOTE BHA Case No. Florida THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS INDEBTEDNESS. May 3ist, 2007 Loan Ml Mate} 6565 NW CR 125 We Hereby Certifiy That WTEY, FL 32058 This ts a True & Correct Copy {Property Address} Advance Homestead Title 1. PARTIES By. "Borrower" means each person signing at the end of this Note, and the person's successors and [I “Lender” means Universal Mortgage Corporation D/B/A UFG Mortgage and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In retum for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Nineteen Thousand Nine Kundred Fifty One and no/100. Dollars (U.S. $ 119,951.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Seven percent ( 7,000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument thet is dated the same date as this Note and called the "Security lustrument." The Security Lnsicument protects the Lender from losses which might result if Borrower defaults under this Note. 4, MANNER OF PAYMENT {A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on duly lst, 2007 . Any principal and interest remaining on the first day of June 2037 + will be due on that date, which is called the “Maturity Date.” (B) Place Payment shall be made at 12080 North Corporate Parkway, Mequon, a $3092 or at such place as Lender may designate in writing by notice to Borrower, (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 738,04 . This amount will be part of a larger monthly payment required by the Security Instrument, thet shall be applied to principal, interest and other items in the order described in the Security Instrument. FHA Florida Fixed Rate Note - 10/95. Ernie f04041,01 Amended 10/98 ViMP Mortgage Solutions, ino. (#00}521-7281 Paget of 3 Jitots: (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box} CJ Graduated Payment Allonge Cc Growing Equity Allonge Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6, BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Fifteen percent ( 4,000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable Jaw. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7, WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address, Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed, Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things, Any person who takes over these obligations, including the obligations of a guarantor, surety D-18FL) (0008.01 Page 2 of 3 nist Lee oe a or endorser of this Note, is also obligated to keep all of the promises made in this Note, Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note, Dyyatitn SW hoot ee, Seal) Midtrod Sales (Seal) KRISTIN PRANKS -Borrower MATHEW FRANKS Borrower (Seal) (Seal) “Borrower -Borrower (Seal) Seal) Borrower Borrower (Seal) (Seal) Borrower -Borrower {Sign Original Only] Snr (0404.01 Page 3.of 3 L os Inst. Number: 201004239437 Book: 1368 Page: 501 Date: 7/26/2010 Time: 11:29:43 AM po se a ven sens wm ‘This document was prepared by: est 201004210427 Date 7/26/2010 Timott-28 Ala DC Ray Norman Biadterd© B:1368 P.60t SEAN SPIVEey vor me 34916 US HRY 19 NORTH PALM HARBOR, FL 39684 tel, to,: 262-292-7000 Loan ¢ ASSIGNMENT OF Montene For Value Received, the wulersigoed holderof a Morigage therein “Assignor") whose address is 12060 NORTH CORDORATR PKWY, MEQUON, WI 83692 does hereby grant, sell, assiga, transfer and convey, unto U.S. BANK NATTOWAL ASSOCIATION ‘corporadom organized and existing under the les of tHE URieeD SYATES (herein “Assignee”, whose wdress is 4801 FREDERICA STREET ONRNSBORO, KY 42304 , 2eertain Mongage dated ny Bist 2007 4 made and exmcuted by KRISTIN FRAVKS AND MATHEW PRANKS, WIFE AND HUSBAND Recordeck be/of7 to ondin favor of UNIVERSAL MORTGAGE CORPORATION D/A/B UFC MORTOAGE uponthe following described property situated in BRADFORD County, State of Florida: SUS SXHTAIT “AY ATTACHED such Morigage having been givento secure payment of ONE HURORED NINETEEN THOUSAND NINE HUNDRED FIFTY ONR AND NO/ioe e 119,981.00 ) lnclude the Original Principal Amount) which Morigage is of revord ip Book, Volume, or Liker No 1219 at poge 553 {or as No. 2007200067 } the Records of BRADSORD County, State of Florida, together with the pote(s) and obtigations therein pahuand.to become dls thereon With interest, and all rights necruad or10 accrue under.such Morigage, steht TO HAVE AND TO HOLD te sina ono Assignee, its successor ond assigns, forever, subject only to the (ems ant conditions of the atove-deseribed Mortgage. IN| WITNESS WHEREOF. the und: s Assigaor has exccuted this Assignment of Mortgage on MAY 12TH 2010 ae Clete i Se! 2% ronmei INTVERSAL MORTGAGE CORSORAT TON Witness ROLLY Gi (assigear) HY Ceeteey aay es erage ye, By: Aswds dt Preasusches WEAN SIACENTINE Sigoatare) qupi b. EAUDRY, ASSISTANT SECRETARY Ader DANIELLE RAAGCK, ASSISTANT SECRETARY Seals State af Mlorida / NOTORTZED IN THE STATE OF WT County of ORAUKER ‘The foregoing instrument was acknowledged before me this MAY 427H, 2016 by JUDY b. BRAUDRY AND DANIELLE RAASCH ASSISTANT SECRETARY AND ASSISTANT SECRETARY of UNIVERSAL MORTGAGE CORPORATION a WISCONSIN corporstion, on behalf of the corporation. He/She is personally known to meor hak produced A DRIVER'S LicENeE as identiGication, RECORD AND SETURN TO WS. BANS HOME MORTGAGE BARY K. HARD 009 S$. SOPH STR., STH 210 NOTARY FOR: OZAUKEE COUNTY WeaY ALLIS, WI 83214 MY COMMESSION EXPIRES: 03/47/2013 Flodiia Assignmant of Martgage with Acknowledge SUGWIFL) see: 4708 A acpi Seas ng, HOHE 99 Onaor 19 90408S2CH Page tof 2 Rroquested By: dougiastatsyene, Printed? 8:20:2059 4:18 UE Dee: PLBRAD VIES-N0891 MSP® Explorer: Delinquency 4 - Primary Collection (DLQ1/BORR) 515-U.S. BANK HOME MORTGAGE ME Number: Borrower Name: FRANKS KRISTIN ro aL PLHA. Ox DELINQUENCY PER/CLS/OFF F/ OWNR n/a 08/26/19 /AQ AGE: 12¥ 3M IR: 14:18:23 4.00000 INV: 092 DUE ( ”» 4,816. 51 DUE 02/01/19 2) (03/29) ASSUM: ACQ:05/12/10 LATE CHRG 734. 38 PAYMT @ 688.09 P: 6565 NW CR 125 BAD CK FEES 90 L/C AMT 27.52 LAWTEY FL 32058 OTHER FEES 00 PAYMT + LC 715.61 M: TOT DUE 5,550. Bo* PRIN BAL 111,427.77 SUSPENSE. 00 Pat 568.55 6565 NW COUNTY ROAD 125 NET DUE 5,550. Bo DLQ 10 TIME,PAY 70 DAY LAWTEY FL 32058 c/s 002 KRISTIN FRANKS Mi MOBILE MTGR 1 cC/D 03/18 MATTHEW FRANKS Ml MOBILE MTGR 1 *PHONE WO* -IMD: N-- ~~ * ADDITIONAL MESSAGES * -~ “WU:PB -=SPOC=- PRESS PF14 FOR MEMOS LIFE~OF-LOAN: 1XCC WAIVER LC USED ->-~*BORR- ~-* BORROWERS *~~. *** NO CO-BORROWERS FOUND *** Printed By: Carrie Bratcher on 8/27/2019 1:18:28 PM Page 1 oft RETURN TO: fo a 2 1203 SW. 12th STREET, TILE SUITE ¢ ONY CO Return To: OCALA, FL 34474 \?_ 9 O universal Mortgage Corporation D/B/A UFG Mortgage oO oy 12080 Nerth Corporate Parkway Mequon, Wr 53092 800-558-7280 This document was prepared by: Sean Spivey 34010 US Hwy 19 North Insts 2007208087 Daten asia dagri4ilé Palm Harbor, FL 34684 Qo Stamp-Mort + 42 Intang, Tax + i WKIUHG. it. hay fioraan Jira ord County 84219 Peds se ee I sr err nr a "HA Case No- State of Florida MORTGAGE a THIS MORTGAGE ("Security Instrument") is given on May 3ist, 2007 The Mortgagor is KRISTIN FRANKS and MATHEW FRANKS, Wife and Husband , whose address is 410 N W COUNTRY RD. 125, AVTEY, FL 32058 ("Borrower"). This Security Instrument is given to Universal Mortgage Corporation D/B/A UFG Mortgage which is organized and existing under the lawsof The State of Wisconsin , and whose address is 12080 North Corporate Parkway, Mequon, WI 53092 ("Lender"). Borrower owes Lender the principal sum of One Hundred Nineteen Thousand Nine Hundred Fifty One and no/io0. Dollars (U.S. $ 119,952.00 ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on June ist, 2037 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance FHA Florida Mortgage - 4/96 Sperry (0308).01 MP Mortgage Solutions, Inc, Baga 1 of 9 ‘ni Order: 191040632did Page 1 of 18 Requested By: douglaslafayette, Printed: 8/20/2019 4:15 PM Doc: FLBRAD:1219-00853. Jnst:2007208067 Date 94/06/2007 Timer 14:18 Doc Stawp-Mort ¢ +90 Intang. Tay +90 Me De, Ri Noi Co: nty Bri219 Pros4 radford Cow ee —_— — — - of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in BRADFORD County, Florida: SEE EXHIBIT "A" ATTACHED Parcel ID Number: 01248000601 which has the address of 6565 NW CR 125 [Street] LAWTEY [City], Florida 32058 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record, THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late 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) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." any 40308).01 Page 2 of 8 HM Order: 191040632dk1 Page 2 of 18 Requested By: douglasiafayette, Printed: 8/20/2019 4:15 PM Doe: FLBRAD:1219-00553 Inst 12007208067 Dates a 6/2007 Times 14:18 joc Sta Hort + 4 OT So De flay 2 FF rad ford Caui ntit 11219 22595 ——— - Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 ef seg. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage 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 foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be eredited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. Ssneru (0308).01 Page 3 of 9 AH Order: 191040632dkI Page 3 of 18 Requested By: douglastafayette, Printed: 8/20/2019 4:15 PM Doe: FLBRAD:1219-00553 Inst+2007208067 DateG6/06/2007 Timesi4s16 Doc ep-Mort + 420.00 Tn a3 F BC,Ray Noraan, radford County 82h 217 Pride .— wee ee 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leascholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property, Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence, If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments, If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Sparen (0308},01 Page 4 of 9 Initgs: Order: 191040632dki Page 4 of 18 Requested By: douglaslafayette, Printed: 8/20/2019 4:15 PM Doe: FLBRAD:1219-00553 ing 2007208047 Date 06/05/2007 Timeri4s18 Dac ap 99 Int Tay :: 27.90 I Ray tnrean,Bradford tos 12,1919 257 oe — Se — — — - 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(4) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C, 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) AU or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (©) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (©) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days fr