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IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA, IN AND FOR BAY COUNTY
GENERAL CIVIL DIVISION
BENEFICIAL FLORIDA, INC
Plaintiff
vs
Case No OBA20cA
] Division
CAROLYN GEORGE; UNKNOWN SPOUSE OF ]
ee GEORGE; BENEFICIAL FLORIDA, i
INC, and UNKNOWN OCCUPANTS,
TENANTS, OWNERS, AND OTHER i gS
UNKNOWN PARTIES including, if a ] Xo
named defendant is deceased the ] fA 7
personal representatives, the ]
surviving spouse, heirs, devisees, J
grantees, creditors, and all other ] m
parties claiming by, through, under]
or against that defendant and all ] iS
claimants, persons or parties, =
natural or corporate, or whose
exact legal status is unknown,
claiming under any of the above
named or described defendants,
Defendants
‘ORECLOSURE COMPLAINT
The Plaintiff BENEFICIAL FLORIDA Inc through its
undersigned attorney sues the Defendants, CAROLYN GEORGE; UNKNOWN
SPOUSE OF CAROLYN GEORGE BENEFICIAL FLORIDA, Inc and UNKNOWN
OCCUPANTS , TENANTS, OWNERS, AND OTHER UNKNOWN PARTIES including,
if a named defendant is deceased, the personal representatives, the
surviving spouse, heirs, devisees, grantees, creditors, and all
other parties claiming by, through under or against that
defendant and all claimants, persons or parties, natural or
corporate, or whose exact legal status is unknown, claiming under
any of the above named or described defendants, and says
1 This is an action to foreclose a mortgage on real
property in Bay County, Florida.
2 On February 26, 2007, Defendant mortgagor, CAROLYN
GEORGE, executed and delivered to BENEFICIAL FLORIDA, INC. a Loan
Agreement (Note) and Mortgage securing payment of the Note to said
party. The Mortgage was recorded on February 28, 2007 in Official
Record Book 2892, Page 1704 of the Public Records of Bay County,
Florida and mortgaged the property described in the mortgage then
owned by and in possession of said mortgagor, a copy of the note
and mortgage being attached.
3 Plaintiff owns and holds the Note and Mortgage.
4 The property is now owned of record by the Defendant
Mortgagor who holds possession.
5 The Defendants, UNKNOWN OCCUPANTS, TENANTS, OWNERS, AND
OTHER UNKNOWN PARTIES are joined herein by reason of the fact that
they might claim an interest in the property encumbered by the
mortgage sought to be foreclosed herein, including a possible
leasehold interest or recorded or unrecorded ownership interest in
the property and upon information and belief, they may be in
possession, custody and control of the subject premises, which
interest, if any, is inferior to the Plaintiff's mortgage.
. In addition to the parties designated by name herein,
there may be others who are interested in this action and who may
have or claim some right, title, interest or lien in, to, or upon
the real property or some part thereof described in the Mortgage,
as spouse, personal representatives, surviving spouse, heir,
devisee, grantee, creditor, and all others claiming by, through,
under or against a deceased person; and the several and respective
unknown assigns, successors in interest, trustees or other persons
claiming by, through, under or against any corporation, or other
legal entity named as a Defendant; and all claimants, persons or
parties, natural or corporate, or whose exact legal status is
unknown, claiming under any of the above named or described
Defendants; the names of each of such other parties are unknown to
the Plaintiff and after diligent inquiry cannot be ascertained.
All such persons are made parties Defendant to this action by the
name and description of UNKNOWN OCCUPANTS, TENANTS, OWNERS, AND
OTHER UNKNOWN PARTIES. The interest of said parties is inferior to
plaintiff's mortgage.
Defendant mortgagor defaulted under the note and mortgage
by failing to pay the monthly installments when due, the mortgage
being contractually due for June 2, 2010.
8 Plaintiff declares the full amount payable under the note
and mortgage to be due.
9 Defendant mortgagor owes plaintiff $59,742.69 together
with interest subsequent to June 2010, appraisal expenses and title
search expenses for ascertaining necessary parties to this action.
10. Plaintiff is obligated to pay its attorney a reasonable
fee for his service.
ll. Defendant, UNKNOWN SPOUSE OF CAROLYN GEORGE, may claim
some right, title or interest in the subject property by virtue of
a Judgment, Lien, or other instrument recorded in the Public Records
of Bay County, Florida. That said Judgment, Lien, or other
instrument is inferior in dignity to the mortgage of the Plaintiff.
12. Defendant, BENEFICIAL FLORIDA, INC., has been named as a
party defendant to this action as a result of a second mortgage on
the subject property recorded at Official Record Book 2953, Page
2229 of the Public Records of Bay County, Florida. Any right,
title, or interest that the defendant, BENEFICIAL FLORIDA, INC., may
claim as a result of said second mortgage on the subject property
is subject, subordinate, and inferior to the first mortgage lien of
the plaintiff.
13. The Notice required by the Fair Debt Collection Practices
Act, The Act, 15 U.S.C. Section 1601 as Amended, is attached hereto.
a. The Advalorem Taxes on the property referred to above are
unpaid for the year 2010, in the approximate amount of $643.82.
15. That the Plaintiff has complied with all conditions
precedent entitling the Plaintiff to the relief as demanded in the
Complaint.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage,
determining the rights of the Defendants and that said property be
sold and if the proceeds of the sale are insufficient to pay the
Plaintiff's claim, a deficiency judgment against the Defendant
Mortgagor, CAROLYN GEORGE.
ENRICO G. GONZALEZ, P.A.
Attorney at Law
-
ENREI€O~G. GONZALE: RE
6255 East Fowler &
Temple Terrace, FL 33617
Telephone No. 813/980-6302
Fax No. 813/980-6802
Florida Bar No. 861472
Attorney for Plaintiff
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT OF THE
STATE OF FLORIDA, IN AND FOR BAY COUNTY
GENERAL CIVIL DIVISION
BENEFICIAL FLORIDA, INC.
Plaintiff,
Case No.
vs.
] Division
CAROLYN GEORGE; UNKNOWN SPOUSE OF 1
CAROLYN GEORGE; BENEFICIAL FLORIDA, ]
INC.; and UNKNOWN OCCUPANTS, ]
TENANTS, OWNERS, AND OTHER J
UNKNOWN PARTIES, including, if a ]
named defendant is deceased, the ]
personal representatives, the ]
surviving spouse, heirs, devisees, ]
grantees, creditors, and all other ]
parties claiming by, through, under]
or against that defendant, and all ]
claimants, persons or parties, ]
natural or corporate, or whose ]
exact legal status is unknown,
claiming under any of the above
named or described defendants,
Defendants.
VE! RIFI ‘TION FOREC! NT
Under penalty of perjury, I declare that I have read the
foregoing Mortgage Foreclosure Complaint, and the facts alleged
therein are true and correct to the best of my knowledge and
belief.
BENEFICIAL FLORIDA, INC., Plaintiff
ey:
As the:
Coume > DAmea0
For: BENEFICI, FLORIDA, , INC.
NOTICE REQUIRED BY THE
FAIR DEBT COLLECTION
PRACTICES ACT, (The Act)
15 U.S.C, SECTION 1601 AS AMENDED
i. The amount of the debt is stated in Paragraph 9 of the
Complaint attached hereto.
2. The Plaintiff as named in the attached Summons and Complaint
is the creditor to whom the debt is owed.
3 The debt described in the Complaint attached hereto and
evidenced by the copy of the Mortgage Note attached hereto will be
assumed to be valid by the creditor's law firm, unless the debtor,
within thirty days after the receipt of this notice, disputes the
validity of the debt or some portion thereof.
4 If the debtor notifies the creditor's law firm in writing
within thirty days of the receipt of this notice that the debt or
any portion thereof is disputed, the creditor's law firm will obtain
a verification of the debt and a copy of the verification will be
mailed to the debtor by the creditor's law firm.
If the creditor named as Plaintiff in the attached Summons
and Complaint is not the original creditor, and if the debtor makes
a written request to the creditor's law firm within thirty days from
the receipt of this notice, the name and address of the original
creditor will be mailed to the debtor by the creditor's law firm.
6 Written request should be addressed to Enrico G. Gonzalez,
Esquire, 6255 East Fowler Avenue, Temple Terrace, Florida 33617.
SSS” Ott
File # 2007013513, oR BK 289: 2 Page 1704, Recorded 02/28/2007 at 11:29 AM,
Harold Bazzel, Clerk Bay Co
Deputy Clerk ERECORD Trans # unty,
800701
Florida Doc M: $221.90 Int. Tax $126.70
Return To:
Records Processing Services
577 Lamont Road.
Elmhurst, IL 60126
311722
Oo If box is checked, this Mortgage secures future sdvances.
‘THIS MORTGAGE is made this 26TH day of FEBRUARY 2007 _, between the Mortgagor,
CARDLYN GEORGE, UNMARRIED
Therein "Borrower", ind MorigageeBENEF TCTAL_FLORTOX”TNC
‘8 corporation organized and existing inder the Tawa oF
651 WEST 23RD STREET, PANAMA SQ SHOPPING DELAWARE whowe SEES is
Therein "Lender
‘The following paragraph preceded by a checked box is applicable.
CE ag EREAS, Borrorer iis indebted to Lender in the principal sum of $ 63,351.82
including those pursuant to any ‘Agreement
Renegotiable dated FEBRUARY 26, 2007 a ‘any extensions oF Fenewals Feat
Rate Agrasme (hereinnt)"Now"), providing for monthly ineaiments of
Principal and interest, (including any adjustments in the amount of paym ents of the contract rate if that rate is,
variable), with the balance of the indebtedness, if not sooner paid, due and payable on FEBRUARY 26, 2037 fl
Fre WHEREAS, Borrower is indebted to
f as may be sdvanced pursuant to Borrower'sLenderRevolving
and ¢xtensions and renew thereof (herein
in the principal sum of S
Loen Agreement dated~~~ + OF 50. much
"Note"), providing for monthly install
and Twierest
ments,at the Tete and
Under the terms 5
Providing fora credit limit {insatedthe inthe
Noto, principal
including aay adjostmenis in the interest rate if that rate is v
sum above and an initial advance of $
TO SECURE to Lender the rope
{neluding any increases if the contract rate ayment of (1) the indebtedness evidenced by the Note, with interest thereon,
the payment of all other sums, with interestis thereon,
variable; (2) future advances under any Revolving Losn Agreement, (3)
Mortgage; and (4) the performance of the covenants ‘advanced in accordance herewith 0 protect the security of this
and agreements of Borrower herein contained, Borrower does
here ge, grant and convey to Lender and Lender's successors and assigns the following described property
located in the County of BAY tate of Florida:
‘This instrument was prepared by: PHYLLIS E. MARTIN
651 WEST 2320 STREET, PANAMA SO SHOPPING CTR, PANAMA Wamed
32405
11-11-05 a fa EC a iat F.aoi001
‘= ignzonnasarurcgooor.0a100 omceoRCE icine
OR BK 2892 PG 1705
2
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, ri ghts, ,
appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this
Mortgage; and all of the foregoing, together with sai id property (or the leasehold estate if this Mortgage is on &
leasehold) are hereinafter referred to as the “Property.”
Borrower covenants that Borrower is lawfully seised the estate hereby conveyed and has the right to Mortgnge,
grant and convey the Property, and that the property is ofunencumbered,
covenants that Borrower warrants and will defend generally the title to except for encumbrances of record. Borroxer
the Property against all cli 18 end demands,
subject to encumbrances of record,
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
|. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
pay when due the principal of id interest (including any variations in intereat resulting from Charges. Borrower shall
changes in the Contract
Rate that may be specified in the Note) on, the debt evi need by the Note and any prepayment charges and late
charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant to paragraph 2, Payments due
under the Note and this Security Instrument shall be made in U.S, currency. However, if any check or other instrument
received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may
Fequire that any or all subsequent payments due
of ibe following forme, as selected by Lender: (s)undercash;the (4)Notemoneyand this Security Instrument be made in one or more
order; (c) certified check, bank check, treasurer's
‘check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality, or entity; or (4) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the loction designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in paragraph 12, Lender may return.
any payment or partial payment if the payment or partial payments are insufficientto bring the Loan current. Lender
‘may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights
hereunder or prejudice to its rights tw refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each monthly payment is
‘scheduled dus date, then Lender need not pay interest on unapplied funds. Lender may hold such unappliedplied as of its
funds until
Borrower makes payment to bring the Loen current, If Borrower does not do £0 wi jin a reasonable period of time,
Lender shall either spply such funds ar return them to Borrower. If not applied earlier, euch funds will be applied to
the outstanding principal balance under the Note immedietely prior to foreclosure No offeet or clnim which Borrower
might have now or in the future against Lendor shall relieve Borrower from making payments due under the Note and
this Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2, Funds for Escrow Items.
Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a
sum (the *Punds") to provide for payment of amounts dve for: (a) taxes and assessments and other items w! en
attain priority over Security Instrument as & lien or encumbrance on the Property; (b) leaschold payments or
ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under persgraph
‘and {d} Mortgage Insurance premiums, if any. These items are called "Escrow Items.” At origi jon of at any time
uring the term of the Note, Lender may require that community association dues, fees, end assessments, if eny, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fu ish
to Lender all notices of amounts to be paid under this Section. Borrower shall pey Lender the Funds for Escrow Items
unless Lender wi Borrower's obligation to 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, In the event of such waiver, Borrower shall 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 requires, chall furnih to Lender
receipts evidencing such payment within such time period as Lender may require, Borrower's obligation to make such
payments and to provide receipts shall for all purposes be deemed to be & covenant end agreement contained in this
Security Instrument, as the phrase “covenant and agreement” vused in paragraph 7. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fei to pay the amount due for an Escrow Item, Lender
‘may exercise its rights under paragraph 7 and pay such amount and Borrower shall then be obligated under paragraph 7
to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by &
notice en in accordance with paragraph 12 and, upon such revocation, Borrower shall pay to Lender all Funds, and
jm such emounts, that are then required under is paragraph 2
Lender may, st any time, collect and hold Funds in an amount (8) sufficient to permit Lender to apply the Funds at
the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under the Real
Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq) and its implementing regulation, Regulation X (24
CFR. Part 35000), as they might be amended from time to time, or any additional or auocessor legislation or
regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all
requirements and restrictions that are imposed in regard to a “federally related mortgage loan" even if the loan does
not qualify e5 8 “federally related mortgage loan” under RESPA. Lender shall estimate the amount of Funds due on
the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance
with Applicable Law,
‘The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is an institution whose deposits are so ingured) or any Home Loan 7
Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not
charge Borrower for hol ig and applying the Funds, anavally analyzing the escrow account, or verifying the Escrow
Items, uniess Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.
Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not
be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can agree in writ , however,
that interest shall be paid on the Punds. Lender chall give to Borrower, without charge, an annual accounting of the
1-11-05 ut ON200398974
ERT
G8000F1 01 0220"0E
eT F.001002
ORIGINAL
OR BKY 2892 PG 1706
+
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shal! account to Borrower for the
excess funds in sccordance with RESPA. If 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 Lender the amount necessary to make
vp the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is » deficiency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, or if the
deficiency is for taxes and insurance premiums, the lender will notify Borrower within 15 days alter Lender receive
the notification of taxes due from the county tax collector or receives the notification from the insurer that & premium
is due, Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but
in a0 more than 12 monthly payments,
jpon payment in full of all eums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds
held by Lender.
3. Application of Payments or Proceeds. Except 15 otherwise described in this paragraph 3 or as may be
required by the Note andlor applicable law, all payments accepted and applied by Lender shall be applied in the
following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under
pparegreph 2. Such payments shall be applied to each monthly peyment in the order in which it became due, Any
remai ig amounts shall be applied first to late charges, second to any other amounts due under this Mortgage, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent monthly payment which includes # sulficient amount
to pay any lato charge due, the payment may be applied to the delinquent payment and the late charge. If more than
‘one monthly payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
monthly payments if, and to the ertent that, each payment can be paid in full. To the extent that eny excess exists
after the payment is applied to the full payment of one or more monthly payments, such excess may be applied to any
Inte charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the
Note.
‘Any application of payments, insurance proceede, or other proceeds to principal due under the Note shell not extend
‘or postpone the due date, or change the amount, of the monthly payments.
4. Prior Mortgages and Deed of Tru ages: jens. Borrower shall perform all of Borrower's obligations
under any Mortgage, Deed of Trust or other security agreement with a lien which has priority over this Mortgage,
including Borrowe 's covenants to make payments when due, Borrower shall pay or cause to be paid all tres,
‘assessments and other charges, fines and impositions attributable to the Property which may attain a priority over thie
Mortgage, and leasehold payments or ground rents, ny.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
sured against loss by fire, hazards included within the term “extended coverage,” and such other hazards es Lender
may require and in such amounts and for such periods as Lender may require.
‘The insurance carrier providing the insurance shell be chosen ty the Borrower subject to approval by Lender;
provided, that such approval shall notbe unreasonably withheld. All insurance poli id renewals thereof shall be
42 form seceptable to Lender and shall include a standard Mortgage clause in fevor of end in a form acceptable to
Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any Mortgage,
Deed of Trust or other security agreement ‘Tien which has priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
Of loss if not made promptly by Borrower.
If the Property is abandoned by Borrower, o if Borrower fails to respond to Lender within 30 days from the date
notice is mailed by Lender to Borrower that the insurance carrier offers to settle laim for insurance benefits, Lender
is authorized to collect and apply the insurance proceeds st Lender's option either to restoration or repair of the
Property or to the sums secured by is Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit De ;elopmeats.
Borrower shall keep the Property i tnd shall not commit waste or permit impairment or deterioration of
the Property and sball comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortga is
on 8 unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations
under the declaration or covenants cresting or governing the condominium or planned unit development, the by-laws
and regulations of the condominium or planned unit development, and constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contsined in this
Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then
Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including
reasonable attorneys’ fees, and take such action 9 ie neceasery 10 protect Lender's interest. If Lender required
Mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums
required to maintain such wurence in effect until euch time as the requirement for such insurance terminates in
accordance with Borrower ‘and Lender's written agreement or applicable law.
‘Any amounts disbursed by Lender pursuant 10 this paragraph 7, with interest thereon, at the Note Rate, shall
become additional indebtedness of Borrower secured by 1 Mortgage. Unless Borrower and Lender agree to other
terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting Payment thereof.
Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action here
8. Inspection, Lender may make or cause to be made reasonable entries upon and ns of the Property,
provided that Lender shall give Borrower notice prior to any such inspection on specifying reasonable cause thereof
‘elated to Lender’ interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
‘ny condemnation of other taking of the Property, or part thereof, or for conveyance in fieu of condemnation are
hereby assigned and shall be paid to Lender, subjct to the terms of any Mortgage, Deed of Trust or other security
e086 ilieeaonaesenurcn0n0r.00ioozoeoconce
VA .
an
RII.
71001003
OR BK 2892 PG 1707
oe
‘agreement with & lien which has priority over this Mortgage.
10. Borrower Not Released by Lender Not Waiver. Extension of the time for payment or modification of
amortization of the sume secured by this Mortgage a granted
other parti ics who are or hereafter become secondarily liable byshallLender to any successorin interest of Borrower and all
the origin il Borrower and Borrower's successors in interest. Lendernot operate to release, in any manner, the I lity of
‘against such successor or refuse to extend time for payment or otherwiseshal modity not be required to commence proceedings
amorti tion of the sums secured by
this Mortgage by reason of any demend made by the original Borrowe and Borrower's
forbe ince by Lender in exercising any eight or remedy hereunder, or o' therwise afforded bysuccessors in interest. Any
applicable law, shall not
bea iver of oF preclude the exercise of any such right or remedy.
11, Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements
herain contained shall bind, end the rights hereunder shall inure the reapective successors and assigns of Lender and
Borrower, subject to the provisions of pari raph 16 hereof, All to,covenants
and several. Any Borrower who corsigns this Mortgage, ‘but does not executeandtheagreements of Borrower shall be joint
only to Mortgage, grant and convey that Borrower's 's interest in the Property Note, (a) corsigning thie Morigage
Mortgage, (b) is not personally liable on the Note for under this Mortgage, and (c) agrees thatunderLender
to Lender the terms of this
Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with and any other
terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower regard or
to the
modifying
this Mortgage as to that Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law
Borrower provided for in this Mort igage shall be given by deliveringto itbe orgivenby mailing in another manner, () any notice to
such notice by first clase or
certified mi adéressed to Borrower at the Property Address or at such other address es Borrower may designate by
notice to Lender as provided herein, and (b) any notice to Lender shall be given by first class or certified mail to
Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided
herein, Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when
given in the manner designated herein,
13. Governing Law; Severability. The applicable law contain ed in the Note shall control. Where no applicable law
is contained therein, the state and locsl laws applicable to is Mortgage
the Property is located. The foregoing sentence shall not limitit the appli shallity beof theFederal laws of the jurisdiction in which
event that any provision or clause of this Mortgage or the Note conflicts with applicable law,to such this Mortgage.In the
affect other provisions of this Mortgage or the Note which can be given effect without the conflicting conflict shall not
provision, and to
this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, Costs, “expenses”
and "attorneys’ fees” include all sums to the extent not prohibited by applicable law or limited herein.
14, Borrower's Copy. Borrower shall be furnis ished a conformed copy of the Note and of this Mortgage at the time
of execution or after recordation hereof.
15, Rehal ‘ation Loan Agreement. Borrower shall fulfill sll of Borrower's obligations under sny home
fehabilitation, improvement, repair, of other loan sgreement which jorrower enters into with Lender. Lender, at
Lender's option, may require Borrower to execute and d
of any rights, claims or defenses which Borrower may ha Wve F against to Lender, in a form acceptable to Lender, an assignment
parties who supply labor, materials or services in
connection with improvements made to the Prog
16, Transfer of the Property. If Borrower sells or transfers all or any pert of the Property or an interest therein,
excluding (a) the creation of & jen or encumbrance subordina te to this Mortgage, (b) # transfer by devise, descent, or
by operetion of law upon the death of & joint tenant, (c) the grant of any leasehold interest of three years or leas not
containing an option to purchase, (d) the creation of purchase money security interest for howsehold eppliances, e) a
transfer to & relative resulting from the death of Borrower, (f) a transfer where the spovse or children of the
Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, lege)
‘separat agreement, or from an incidental property settlement agreement,
becomes sn owner of the property, (h) a transfer into an inter vivos trust in bywhichwhichthe theBorrower spouse the Borrower
‘and remains «
neficiary and which does not relate to a transfer of rights of occupency in the property, of (i) any other transfer or
disposition described in regulations prescribed by the Federal Home Loen Bank Board, Borrower shall cause
submitted information required by Lender to evaluate the transteree as if a new loan were being made toto thebe
transferee. Borrower will continve to be obligated under the Note and this Mortgage unless Lender relesses Borrower
in weiting.
It Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be
immediately due and payable, If Lender
scotleration in accordance with paragraph exercises such option to accelerate, Lender shall mail
12 hereof. Such notice shall provide a period of not less Borrower30 days notice of
the date the notice is mailed or delivered wi in which Borrower may pay the sums declared due. If thanBorrower from
fails 10
pay such sums prior to the expiration of such period Lender may, without further notice or demend on Borrower,
invoke any remedies permitted by paragraph 17 hereof.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows
17, Acceleration; Remedies. Except as provided in paragraph 16 hereof, or as otherwise required by law,
upon Borrower's breach of any covenant or agreement of Borrower
cover ints to pay when due any sums secured by this Mortgage, Lender in prior this Mortgage, including the
notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; to(2) acceleration shall give
the action required
cure such breach; (3) # date, not less than 10 d s from the date the notice is mailed to Borrower, by whichto
such breach must be cured: id (4) that failure to cure such breach on or before the date specified in the
notice may result in accel ion of the
and the sale of the Property. The notice umsshallsecured by this Mortgage, foreclosure by judicial proceeding,
further inform Borrower of the right to reinstate after
accel ion and the ht to assert in the foreclosure proceeding the non
defense of Borrower to acceleration and foreclosure. If the breach is not fence of x default or any other
specified in the n ice, Lender, at Lender's option, may declare all of the sums cured on or before the date
secured by this Mortgage to
me05 Ms Mt Le 7 F.co1oo8
rnenzooassamuresooorLaora0en=neeonae onicinae
OR BK 2892 PG 1708
Preview
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR BAY COUNTY GENERAL CIVIL DIVISION BENEFICIAL FLORIDA, INC Plaintiff vs Case No OBA20cA ] Division CAROLYN GEORGE; UNKNOWN SPOUSE OF ] ee GEORGE; BENEFICIAL FLORIDA, i INC, and UNKNOWN OCCUPANTS, TENANTS, OWNERS, AND OTHER i gS UNKNOWN PARTIES including, if a ] Xo named defendant is deceased the ] fA 7 personal representatives, the ] surviving spouse, heirs, devisees, J grantees, creditors, and all other ] m parties claiming by, through, under] or against that defendant and all ] iS claimants, persons or parties, = natural or corporate, or whose exact legal status is unknown, claiming under any of the above named or described defendants, Defendants ‘ORECLOSURE COMPLAINT The Plaintiff BENEFICIAL FLORIDA Inc through its undersigned attorney sues the Defendants, CAROLYN GEORGE; UNKNOWN SPOUSE OF CAROLYN GEORGE BENEFICIAL FLORIDA, Inc and UNKNOWN OCCUPANTS , TENANTS, OWNERS, AND OTHER UNKNOWN PARTIES including, if a named defendant is deceased, the personal representatives, the surviving spouse, heirs, devisees, grantees, creditors, and all other parties claiming by, through under or against that defendant and all claimants, persons or parties, natural or corporate, or whose exact legal status is unknown, claiming under any of the above named or described defendants, and says 1 This is an action to foreclose a mortgage on real property in Bay County, Florida. 2 On February 26, 2007, Defendant mortgagor, CAROLYN GEORGE, executed and delivered to BENEFICIAL FLORIDA, INC. a Loan Agreement (Note) and Mortgage securing payment of the Note to said party. The Mortgage was recorded on February 28, 2007 in Official Record Book 2892, Page 1704 of the Public Records of Bay County, Florida and mortgaged the property described in the mortgage then owned by and in possession of said mortgagor, a copy of the note and mortgage being attached. 3 Plaintiff owns and holds the Note and Mortgage. 4 The property is now owned of record by the Defendant Mortgagor who holds possession. 5 The Defendants, UNKNOWN OCCUPANTS, TENANTS, OWNERS, AND OTHER UNKNOWN PARTIES are joined herein by reason of the fact that they might claim an interest in the property encumbered by the mortgage sought to be foreclosed herein, including a possible leasehold interest or recorded or unrecorded ownership interest in the property and upon information and belief, they may be in possession, custody and control of the subject premises, which interest, if any, is inferior to the Plaintiff's mortgage. . In addition to the parties designated by name herein, there may be others who are interested in this action and who may have or claim some right, title, interest or lien in, to, or upon the real property or some part thereof described in the Mortgage, as spouse, personal representatives, surviving spouse, heir, devisee, grantee, creditor, and all others claiming by, through, under or against a deceased person; and the several and respective unknown assigns, successors in interest, trustees or other persons claiming by, through, under or against any corporation, or other legal entity named as a Defendant; and all claimants, persons or parties, natural or corporate, or whose exact legal status is unknown, claiming under any of the above named or described Defendants; the names of each of such other parties are unknown to the Plaintiff and after diligent inquiry cannot be ascertained. All such persons are made parties Defendant to this action by the name and description of UNKNOWN OCCUPANTS, TENANTS, OWNERS, AND OTHER UNKNOWN PARTIES. The interest of said parties is inferior to plaintiff's mortgage. Defendant mortgagor defaulted under the note and mortgage by failing to pay the monthly installments when due, the mortgage being contractually due for June 2, 2010. 8 Plaintiff declares the full amount payable under the note and mortgage to be due. 9 Defendant mortgagor owes plaintiff $59,742.69 together with interest subsequent to June 2010, appraisal expenses and title search expenses for ascertaining necessary parties to this action. 10. Plaintiff is obligated to pay its attorney a reasonable fee for his service. ll. Defendant, UNKNOWN SPOUSE OF CAROLYN GEORGE, may claim some right, title or interest in the subject property by virtue of a Judgment, Lien, or other instrument recorded in the Public Records of Bay County, Florida. That said Judgment, Lien, or other instrument is inferior in dignity to the mortgage of the Plaintiff. 12. Defendant, BENEFICIAL FLORIDA, INC., has been named as a party defendant to this action as a result of a second mortgage on the subject property recorded at Official Record Book 2953, Page 2229 of the Public Records of Bay County, Florida. Any right, title, or interest that the defendant, BENEFICIAL FLORIDA, INC., may claim as a result of said second mortgage on the subject property is subject, subordinate, and inferior to the first mortgage lien of the plaintiff. 13. The Notice required by the Fair Debt Collection Practices Act, The Act, 15 U.S.C. Section 1601 as Amended, is attached hereto. a. The Advalorem Taxes on the property referred to above are unpaid for the year 2010, in the approximate amount of $643.82. 15. That the Plaintiff has complied with all conditions precedent entitling the Plaintiff to the relief as demanded in the Complaint. WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, determining the rights of the Defendants and that said property be sold and if the proceeds of the sale are insufficient to pay the Plaintiff's claim, a deficiency judgment against the Defendant Mortgagor, CAROLYN GEORGE. ENRICO G. GONZALEZ, P.A. Attorney at Law - ENREI€O~G. GONZALE: RE 6255 East Fowler & Temple Terrace, FL 33617 Telephone No. 813/980-6302 Fax No. 813/980-6802 Florida Bar No. 861472 Attorney for Plaintiff IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR BAY COUNTY GENERAL CIVIL DIVISION BENEFICIAL FLORIDA, INC. Plaintiff, Case No. vs. ] Division CAROLYN GEORGE; UNKNOWN SPOUSE OF 1 CAROLYN GEORGE; BENEFICIAL FLORIDA, ] INC.; and UNKNOWN OCCUPANTS, ] TENANTS, OWNERS, AND OTHER J UNKNOWN PARTIES, including, if a ] named defendant is deceased, the ] personal representatives, the ] surviving spouse, heirs, devisees, ] grantees, creditors, and all other ] parties claiming by, through, under] or against that defendant, and all ] claimants, persons or parties, ] natural or corporate, or whose ] exact legal status is unknown, claiming under any of the above named or described defendants, Defendants. VE! RIFI ‘TION FOREC! NT Under penalty of perjury, I declare that I have read the foregoing Mortgage Foreclosure Complaint, and the facts alleged therein are true and correct to the best of my knowledge and belief. BENEFICIAL FLORIDA, INC., Plaintiff ey: As the: Coume > DAmea0 For: BENEFICI, FLORIDA, , INC. NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (The Act) 15 U.S.C, SECTION 1601 AS AMENDED i. The amount of the debt is stated in Paragraph 9 of the Complaint attached hereto. 2. The Plaintiff as named in the attached Summons and Complaint is the creditor to whom the debt is owed. 3 The debt described in the Complaint attached hereto and evidenced by the copy of the Mortgage Note attached hereto will be assumed to be valid by the creditor's law firm, unless the debtor, within thirty days after the receipt of this notice, disputes the validity of the debt or some portion thereof. 4 If the debtor notifies the creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. If the creditor named as Plaintiff in the attached Summons and Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within thirty days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 6 Written request should be addressed to Enrico G. Gonzalez, Esquire, 6255 East Fowler Avenue, Temple Terrace, Florida 33617. SSS” Ott File # 2007013513, oR BK 289: 2 Page 1704, Recorded 02/28/2007 at 11:29 AM, Harold Bazzel, Clerk Bay Co Deputy Clerk ERECORD Trans # unty, 800701 Florida Doc M: $221.90 Int. Tax $126.70 Return To: Records Processing Services 577 Lamont Road. Elmhurst, IL 60126 311722 Oo If box is checked, this Mortgage secures future sdvances. ‘THIS MORTGAGE is made this 26TH day of FEBRUARY 2007 _, between the Mortgagor, CARDLYN GEORGE, UNMARRIED Therein "Borrower", ind MorigageeBENEF TCTAL_FLORTOX”TNC ‘8 corporation organized and existing inder the Tawa oF 651 WEST 23RD STREET, PANAMA SQ SHOPPING DELAWARE whowe SEES is Therein "Lender ‘The following paragraph preceded by a checked box is applicable. CE ag EREAS, Borrorer iis indebted to Lender in the principal sum of $ 63,351.82 including those pursuant to any ‘Agreement Renegotiable dated FEBRUARY 26, 2007 a ‘any extensions oF Fenewals Feat Rate Agrasme (hereinnt)"Now"), providing for monthly ineaiments of Principal and interest, (including any adjustments in the amount of paym ents of the contract rate if that rate is, variable), with the balance of the indebtedness, if not sooner paid, due and payable on FEBRUARY 26, 2037 fl Fre WHEREAS, Borrower is indebted to f as may be sdvanced pursuant to Borrower'sLenderRevolving and ¢xtensions and renew thereof (herein in the principal sum of S Loen Agreement dated~~~ + OF 50. much "Note"), providing for monthly install and Twierest ments,at the Tete and Under the terms 5 Providing fora credit limit {insatedthe inthe Noto, principal including aay adjostmenis in the interest rate if that rate is v sum above and an initial advance of $ TO SECURE to Lender the rope {neluding any increases if the contract rate ayment of (1) the indebtedness evidenced by the Note, with interest thereon, the payment of all other sums, with interestis thereon, variable; (2) future advances under any Revolving Losn Agreement, (3) Mortgage; and (4) the performance of the covenants ‘advanced in accordance herewith 0 protect the security of this and agreements of Borrower herein contained, Borrower does here ge, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of BAY tate of Florida: ‘This instrument was prepared by: PHYLLIS E. MARTIN 651 WEST 2320 STREET, PANAMA SO SHOPPING CTR, PANAMA Wamed 32405 11-11-05 a fa EC a iat F.aoi001 ‘= ignzonnasarurcgooor.0a100 omceoRCE icine OR BK 2892 PG 1705 2 TOGETHER with all the improvements now or hereafter erected on the property, and all easements, ri ghts, , appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with sai id property (or the leasehold estate if this Mortgage is on & leasehold) are hereinafter referred to as the “Property.” Borrower covenants that Borrower is lawfully seised the estate hereby conveyed and has the right to Mortgnge, grant and convey the Property, and that the property is ofunencumbered, covenants that Borrower warrants and will defend generally the title to except for encumbrances of record. Borroxer the Property against all cli 18 end demands, subject to encumbrances of record, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: |. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late pay when due the principal of id interest (including any variations in intereat resulting from Charges. Borrower shall changes in the Contract Rate that may be specified in the Note) on, the debt evi need by the Note and any prepayment charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant to paragraph 2, Payments due under the Note and this Security Instrument shall be made in U.S, currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may Fequire that any or all subsequent payments due of ibe following forme, as selected by Lender: (s)undercash;the (4)Notemoneyand this Security Instrument be made in one or more order; (c) certified check, bank check, treasurer's ‘check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (4) Electronic Funds Transfer. Payments are deemed received by Lender when received at the loction designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in paragraph 12, Lender may return. any payment or partial payment if the payment or partial payments are insufficientto bring the Loan current. Lender ‘may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights tw refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each monthly payment is ‘scheduled dus date, then Lender need not pay interest on unapplied funds. Lender may hold such unappliedplied as of its funds until Borrower makes payment to bring the Loen current, If Borrower does not do £0 wi jin a reasonable period of time, Lender shall either spply such funds ar return them to Borrower. If not applied earlier, euch funds will be applied to the outstanding principal balance under the Note immedietely prior to foreclosure No offeet or clnim which Borrower might have now or in the future against Lendor shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2, Funds for Escrow Items. Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum (the *Punds") to provide for payment of amounts dve for: (a) taxes and assessments and other items w! en attain priority over Security Instrument as & lien or encumbrance on the Property; (b) leaschold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under persgraph ‘and {d} Mortgage Insurance premiums, if any. These items are called "Escrow Items.” At origi jon of at any time uring the term of the Note, Lender may require that community association dues, fees, end assessments, if eny, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fu ish to Lender all notices of amounts to be paid under this Section. Borrower shall pey Lender the Funds for Escrow Items unless Lender wi Borrower's obligation to 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, In the event of such waiver, Borrower shall 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 requires, chall furnih to Lender receipts evidencing such payment within such time period as Lender may require, Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be & covenant end agreement contained in this Security Instrument, as the phrase “covenant and agreement” vused in paragraph 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fei to pay the amount due for an Escrow Item, Lender ‘may exercise its rights under paragraph 7 and pay such amount and Borrower shall then be obligated under paragraph 7 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by & notice en in accordance with paragraph 12 and, upon such revocation, Borrower shall pay to Lender all Funds, and jm such emounts, that are then required under is paragraph 2 Lender may, st any time, collect and hold Funds in an amount (8) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq) and its implementing regulation, Regulation X (24 CFR. Part 35000), as they might be amended from time to time, or any additional or auocessor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan" even if the loan does not qualify e5 8 “federally related mortgage loan” under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, ‘The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so ingured) or any Home Loan 7 Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for hol ig and applying the Funds, anavally analyzing the escrow account, or verifying the Escrow Items, uniess Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can agree in writ , however, that interest shall be paid on the Punds. Lender chall give to Borrower, without charge, an annual accounting of the 1-11-05 ut ON200398974 ERT G8000F1 01 0220"0E eT F.001002 ORIGINAL OR BKY 2892 PG 1706 + Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shal! account to Borrower for the excess funds in sccordance with RESPA. If 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 Lender the amount necessary to make vp the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is » deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, or if the deficiency is for taxes and insurance premiums, the lender will notify Borrower within 15 days alter Lender receive the notification of taxes due from the county tax collector or receives the notification from the insurer that & premium is due, Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in a0 more than 12 monthly payments, jpon payment in full of all eums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. 3. Application of Payments or Proceeds. Except 15 otherwise described in this paragraph 3 or as may be required by the Note andlor applicable law, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under pparegreph 2. Such payments shall be applied to each monthly peyment in the order in which it became due, Any remai ig amounts shall be applied first to late charges, second to any other amounts due under this Mortgage, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent monthly payment which includes # sulficient amount to pay any lato charge due, the payment may be applied to the delinquent payment and the late charge. If more than ‘one monthly payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the monthly payments if, and to the ertent that, each payment can be paid in full. To the extent that eny excess exists after the payment is applied to the full payment of one or more monthly payments, such excess may be applied to any Inte charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. ‘Any application of payments, insurance proceede, or other proceeds to principal due under the Note shell not extend ‘or postpone the due date, or change the amount, of the monthly payments. 4. Prior Mortgages and Deed of Tru ages: jens. Borrower shall perform all of Borrower's obligations under any Mortgage, Deed of Trust or other security agreement with a lien which has priority over this Mortgage, including Borrowe 's covenants to make payments when due, Borrower shall pay or cause to be paid all tres, ‘assessments and other charges, fines and impositions attributable to the Property which may attain a priority over thie Mortgage, and leasehold payments or ground rents, ny. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property sured against loss by fire, hazards included within the term “extended coverage,” and such other hazards es Lender may require and in such amounts and for such periods as Lender may require. ‘The insurance carrier providing the insurance shell be chosen ty the Borrower subject to approval by Lender; provided, that such approval shall notbe unreasonably withheld. All insurance poli id renewals thereof shall be 42 form seceptable to Lender and shall include a standard Mortgage clause in fevor of end in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any Mortgage, Deed of Trust or other security agreement ‘Tien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof Of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, o if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle laim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds st Lender's option either to restoration or repair of the Property or to the sums secured by is Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit De ;elopmeats. Borrower shall keep the Property i tnd shall not commit waste or permit impairment or deterioration of the Property and sball comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortga is on 8 unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants cresting or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contsined in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys’ fees, and take such action 9 ie neceasery 10 protect Lender's interest. If Lender required Mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such wurence in effect until euch time as the requirement for such insurance terminates in accordance with Borrower ‘and Lender's written agreement or applicable law. ‘Any amounts disbursed by Lender pursuant 10 this paragraph 7, with interest thereon, at the Note Rate, shall become additional indebtedness of Borrower secured by 1 Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting Payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action here 8. Inspection, Lender may make or cause to be made reasonable entries upon and ns of the Property, provided that Lender shall give Borrower notice prior to any such inspection on specifying reasonable cause thereof ‘elated to Lender’ interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with ‘ny condemnation of other taking of the Property, or part thereof, or for conveyance in fieu of condemnation are hereby assigned and shall be paid to Lender, subjct to the terms of any Mortgage, Deed of Trust or other security e086 ilieeaonaesenurcn0n0r.00ioozoeoconce VA . an RII. 71001003 OR BK 2892 PG 1707 oe ‘agreement with & lien which has priority over this Mortgage. 10. Borrower Not Released by Lender Not Waiver. Extension of the time for payment or modification of amortization of the sume secured by this Mortgage a granted other parti ics who are or hereafter become secondarily liable byshallLender to any successorin interest of Borrower and all the origin il Borrower and Borrower's successors in interest. Lendernot operate to release, in any manner, the I lity of ‘against such successor or refuse to extend time for payment or otherwiseshal modity not be required to commence proceedings amorti tion of the sums secured by this Mortgage by reason of any demend made by the original Borrowe and Borrower's forbe ince by Lender in exercising any eight or remedy hereunder, or o' therwise afforded bysuccessors in interest. Any applicable law, shall not bea iver of oF preclude the exercise of any such right or remedy. 11, Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herain contained shall bind, end the rights hereunder shall inure the reapective successors and assigns of Lender and Borrower, subject to the provisions of pari raph 16 hereof, All to,covenants and several. Any Borrower who corsigns this Mortgage, ‘but does not executeandtheagreements of Borrower shall be joint only to Mortgage, grant and convey that Borrower's 's interest in the Property Note, (a) corsigning thie Morigage Mortgage, (b) is not personally liable on the Note for under this Mortgage, and (c) agrees thatunderLender to Lender the terms of this Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with and any other terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower regard or to the modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law Borrower provided for in this Mort igage shall be given by deliveringto itbe orgivenby mailing in another manner, () any notice to such notice by first clase or certified mi adéressed to Borrower at the Property Address or at such other address es Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by first class or certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein, Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the manner designated herein, 13. Governing Law; Severability. The applicable law contain ed in the Note shall control. Where no applicable law is contained therein, the state and locsl laws applicable to is Mortgage the Property is located. The foregoing sentence shall not limitit the appli shallity beof theFederal laws of the jurisdiction in which event that any provision or clause of this Mortgage or the Note conflicts with applicable law,to such this Mortgage.In the affect other provisions of this Mortgage or the Note which can be given effect without the conflicting conflict shall not provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, Costs, “expenses” and "attorneys’ fees” include all sums to the extent not prohibited by applicable law or limited herein. 14, Borrower's Copy. Borrower shall be furnis ished a conformed copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15, Rehal ‘ation Loan Agreement. Borrower shall fulfill sll of Borrower's obligations under sny home fehabilitation, improvement, repair, of other loan sgreement which jorrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and d of any rights, claims or defenses which Borrower may ha Wve F against to Lender, in a form acceptable to Lender, an assignment parties who supply labor, materials or services in connection with improvements made to the Prog 16, Transfer of the Property. If Borrower sells or transfers all or any pert of the Property or an interest therein, excluding (a) the creation of & jen or encumbrance subordina te to this Mortgage, (b) # transfer by devise, descent, or by operetion of law upon the death of & joint tenant, (c) the grant of any leasehold interest of three years or leas not containing an option to purchase, (d) the creation of purchase money security interest for howsehold eppliances, e) a transfer to & relative resulting from the death of Borrower, (f) a transfer where the spovse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, lege) ‘separat agreement, or from an incidental property settlement agreement, becomes sn owner of the property, (h) a transfer into an inter vivos trust in bywhichwhichthe theBorrower spouse the Borrower ‘and remains « neficiary and which does not relate to a transfer of rights of occupency in the property, of (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loen Bank Board, Borrower shall cause submitted information required by Lender to evaluate the transteree as if a new loan were being made toto thebe transferee. Borrower will continve to be obligated under the Note and this Mortgage unless Lender relesses Borrower in weiting. It Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable, If Lender scotleration in accordance with paragraph exercises such option to accelerate, Lender shall mail 12 hereof. Such notice shall provide a period of not less Borrower30 days notice of the date the notice is mailed or delivered wi in which Borrower may pay the sums declared due. If thanBorrower from fails 10 pay such sums prior to the expiration of such period Lender may, without further notice or demend on Borrower, invoke any remedies permitted by paragraph 17 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows 17, Acceleration; Remedies. Except as provided in paragraph 16 hereof, or as otherwise required by law, upon Borrower's breach of any covenant or agreement of Borrower cover ints to pay when due any sums secured by this Mortgage, Lender in prior this Mortgage, including the notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; to(2) acceleration shall give the action required cure such breach; (3) # date, not less than 10 d s from the date the notice is mailed to Borrower, by whichto such breach must be cured: id (4) that failure to cure such breach on or before the date specified in the notice may result in accel ion of the and the sale of the Property. The notice umsshallsecured by this Mortgage, foreclosure by judicial proceeding, further inform Borrower of the right to reinstate after accel ion and the ht to assert in the foreclosure proceeding the non defense of Borrower to acceleration and foreclosure. If the breach is not fence of x default or any other specified in the n ice, Lender, at Lender's option, may declare all of the sums cured on or before the date secured by this Mortgage to me05 Ms Mt Le 7 F.co1oo8 rnenzooassamuresooorLaora0en=neeonae onicinae OR BK 2892 PG 1708