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Filing # 187651065 E-Filed 12/08/2023 12:03:38 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
SELENE FINANCE LP,
Plaintiff,
VS.
ROBIN MCNEIL; UNKNOWN SPOUSE
OF ROBIN MCNEIL; THE UNITED
STATES OF AMERICA ON BEHALF OF
THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT; TIC PALM
COAST, INC. A/K/A TIME
INVESTMENT COMPANY, INC.; MV.
REALTY PBC, LLC; PARKVIEW AT
LAKE SHORE HOMEOWNERS
ASSOCIATION, INC.; CONCORDE
ESTATES HOMEOWNERS
ASSOCIATION INC,
Defendant(s).
/
VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE
Plaintiff, SELENE FINANCE LP, sues the Defendants and alleges:
COUNT I-MORTGAGE FORECLOSURE
This is an action to foreclose a mortgage on real property in OSCEOLA County, Florida.
The Court has jurisdiction over the subject matter.
On December 14, 2009, ROBIN MCNEIL executed and delivered a promissory note and a
mortgage securing payment of the note to PREMIUM CAPITAL FUNDING, LLC D/B/A
TOPDOT MORTGAGE, A NEW YORK LIMITED LIABILITY. A copy of the note is
attached hereto as Exhibit "A". The Mortgage was recorded on December 17, 2009 in Official
Records Book 03928, at Page 1250, of the Public Records of Osceola County, Florida, and
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mortgaged the property described in the mortgage then owned by the Mortgagor(s). A copy of
the mortgage is attached hereto as Exhibit "B". The Mortgage and Note (collectively "Loan
Documents") were modified pursuant to a Loan Modification Agreement recorded October 18,
2013 in Official Records Book 4518 at Page 1989. Further, the loan documents were modified
pursuant to a Loan Modification Agreement recorded September 20, 2017 in Official Records
Book 5210 at Page 1501. Further, the loan documents were modified pursuant to a Loan
Modification Agreement recorded August 10, 2021 in Official Records Book 6019 at Page
877. Further, the loan documents were modified pursuant to a Loan Modification Agreement
recorded June 15, 2023 in Official Records Book 6425 at Page 887. Copies of the Loan
Modification Agreements are attached hereto as Exhibit "C".
The Plaintiff's Mortgage and Loan Modification is a lien superior in dignity to any prior or
subsequent right, title, claim, lien, or interest of any defendant in this action, including but not
limited to, any interest arising out of Mortgagor(s) or Mortgagor(s)' predecessor(s) and/or
successors in interest.
Plaintiff is the holder of the original note secured by the mortgage and loan modification.
Defendant(s) have defaulted under the Note, Mortgage, and Loan Modification by failing to
pay the payment due June 1, 2023, and all subsequent payments.
Plaintiff declares the full amount payable under the Note, Mortgage, and Loan Modification to
be due.
Defendant(s) owe Plaintiff $196,016.97 that is due and owing on principal, plus interest from
and after May 1, 2023, and title search expenses for ascertaining necessary parties to this
action, pursuant to the documents attached.
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Ad Valorem Taxes,
In order to protect its security, the Plaintiff may have advanced and paid
premiums on insurance require d by the Mortgage or Loan Modification and other necessary
Any such
costs, or may be required to make such advances during the pendency of this action,
note, mortgage, and
sum(s) so paid will also be due and owing pursuant to the terms of the
loan modification.
and, if dead, the
10 The property is now owned by Defendant(s), ROBIN MCNEIL, if living
possession.
unknown spouses, heirs, and beneficiaries of ROBIN MCNEIL who now hold(s)
ation and
11 All conditions precedent to the acceleration of this mortgage, note, and loan modific
satisfied or been
to foreclosure of the mortgage and loan modification have occurred, been
waived.
. Plaintiff is entitled
12 Plaintiff is obligated to pay its attorneys a reasonable fee for their services
Mortgage, and Loan
to recover its attorneys' fees pursuant to the express terms of the Note,
Modification.
junior, inferior and
13 Plaintiff alleges that the claims of the remaining Defendants are secondary,
subject to the prior claim of Plaintiff.
may claim
14, The Defendant, CONCORDE ESTATES HOMEOWNERS ASSOCIATION INC,
virtue of unpaid
some right, title, or interest in the property herein sought to be foreclosed by
dues, liens and/or assessments. However, said interest, if any, is subordinate, junior, and
inferior to the lien of Plaintiff's mortgage.
OF AMERICA
15. Any interest in the property inuring to the Defendant, THE UNITED STATES
OF HOUSING AND URBAN DEVELOPMENT, is
ON BEHALF OF THE SECRETARY
but not limited to,
subordinate and inferior to the lien of Plaintiff's mortgage, including,
at Page 1995 of the
MORTGAGE recorded October 18, 2013, in Official Record Book 4518
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Public Records of Osceola County, Florida and MORTGAGE recorded August 10, 2021, in
A
Official Record Book 6019 at Page 939 of the Public Records of Osceola County, Florida.
copy is attached hereto as Exhibit "D".
TIME
16 Any interest in the property inuring to the Defendant, TIC PALM COAST, INC. A/K/A
INVESTMENT COMPANY, INC., is subordinate and inferior to the lien of Plaintiff's
15,
mortgage, including, but not limited to, UCC FINANCING STATEMENT recorded April
2011, in Official Record Book 04118 at Page 0046 of the Public Records of Osceola County,
Florida and UCC FINANCING STATEMENT AMENDMENT recorded February 18, 2016,
County, Florida
in Official Record Book 4915 at Page 705 of the Public Records of Osceola
in Official
and UCC FINANCING STATEMENT AMENDMENT recorded October 19, 2020,
Record Book 5815 at Page 499 of the Public Records of Osceola County, Florida.
is subordinate
17 Any interest in the property inuring to the Defendant, MV REALTY PBC, LLC,
MENT
and inferior to the lien of Plaintiff's mortgage, including, but not limited to, AGREE
recorded September 27, 2021, in Official Record Book 6051 at Page 2643 of the Public
Records of Osceola County, Florida.
AT LAKE SHORE
18 Any interest in the property inuring to the Defendant, PARKVIEW
HOMEOWNERS ASSOCIATION, INC., is subordinate and inferior to the lien of Plaintiff's
Record Book
mortgage, including, but not limited to, LIEN recorded April 18, 2022, in Official
S
6195 at Page 860 of the Public Records of Osceola County, Florida and LIS PENDEN
Records of
recorded July 19, 2022, in Official Record Book 6253 at Page 1424 of the Public
Osceola County, Florida.
19 Defendant, UNKNOWN SPOUSE OF ROBIN MCNEIL, may claim some right, title, or
possession
interest in the property herein sought to be foreclosed by virtue of homestead rights,
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or some other unknown interest, the exact nature of which is unknown to Plaintiff and not a
matter of public record. However, said interest, if any, is subordinate, junior, and inferior to
the lien of Plaintiffs mortgage.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage and loan modification,
for costs (and, when applicable, attorneys' fees), and, if the proceeds of the sale are insufficient to
pay Plaintiff's judgment, Plaintiff asks the court to reserve jurisdiction to determine whether a
deficiency is appropriate, in the event it is sought. Subject to any applicable statute of limitations,
Plaintiff further requests that the Court ascertain the amount due to Plaintiff for principal and
interest on the Mortgage, Note, and Loan Modification, and for late charges, abstracting, taxes,
expenses and costs, including attorney's fees, plus interest thereon. If the sums due Plaintiff under
the Mortgage, Note, and Loan Modification are not paid immediately, Plaintiff requests that the
Court foreclose the Mortgage and Loan Modification and the Clerk of the Court sell the Property
securing the indebtedness to satisfy the Plaintiff's mortgage lien in accordance with the provisions
of Florida Statutes §45.031 (2006); and that the rights, title and interest of any Defendant, or any
party claiming by, through, under or against any Defendant named herein or hereinafter made a
Defendant be forever barred and foreclosed. Plaintiff further requests, where applicable, that the
Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in
the alternative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes
§697.07 (2006); and that the Court retain jurisdiction of this action to make any and all further
orders and judgments as may be necessary and proper, including the issuance of a writ of
possession and the entry of a deficiency judgment decree, when and if such deficiency decree shall
appear proper, provided Borrower(s) has/have not been discharged in bankruptcy. Finally, Plaintiff
asks the
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Court to retain jurisdiction to resolve disputes that might arise with respect to assessments due or
allegedly due to any Homeowners or Condominium Association, if applicable.
VERIFICATION OF COMPLAINT
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
2042
Brddin
Executed on this Lf day of Deceaaber
By: Vorbin a.
Print Name:
Title: Document Execution Specialist
Company: SELENE FINANCE LP
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: FLmail@raslg.com
/s/ Ryan Lumbreras
Ryan Lumbreras, Esq.,
FL Bar No. 72596
Email: rlumbreras@raslg.com
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<
MN: re
NOTE Lon Nunber:
FHA Case No.
DECEMBER 14 2009 ORLANDO FLORIDA
[Date] [City] [State]
2251 TRADEWINDS DRIVE, KISSIMMEE, FLORIDA 34746
[Property Address]
1 PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns.
"Lender" means PREMIUM CAPITAL FUNDING, LLC D/B/A TOPDOT MORTGAGE, A
NEW YORK LIMITED LIABILITY COMPANY and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE
HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED TWENTY-SIX AND 00/100
Dollars (U.S. $117, 826.00 ), 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 FIVE AND
500/1000 percent ( 5.500 %)
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 that is dated
the same date as this Note and called the “Security Instrument." The Security Instrument 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 onthe 1st day of each month beginning
on FEBRUARY 1, “20 Any principal and interest remaining on the ist day of
JANUARY 2040 » Will be due on that date, which is called the "Maturity Date,”
@) Place
Payment shall be madeat P.O. BOX 9103, UNIONDALE, NEW YORK 11555-9103
, or at such other place
as Lender may designate in writing by notice to Borrower.
‘ I
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 669.00
This amount will be part of a larger monthly payment required by the Security Instrument, that shall'be applied to
principal, interest and other items in the order described in the Security Instrument. |
|
FLORIDA -
Fy05/01/08
A XED RATE NOTE DocMagic Forms 800-649-1362
FLFHA.NTE
Paget of 3 Exhibit "A" www.docmagie.com
.
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@) 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 ameni and supplement the covenants of this Note as if the allonge
were apart of this Note.
(Check applicable box.)
0 Growing Equity Allonge
(0 Graduated Paynleht Allonge
(D 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 rot 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 amountof FOUR AND 000/1000 percent ( 4.000 %)
of the overdue amount of each payment.
@) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except’ as limited by
regulations of the Secretary iin 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 subsequert 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 f Housing and
Urban Development or his or hér 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 law. Such fees and costs shall bear interest from the date of disbursément at the same rate as the
principal of this Note.
7. WAIVERS
I
Borrower and y other person who has obligations under this Note waive the rights of presentment and notice
of dishonor. "Pres ntment" 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.
1
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9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore 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 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.
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages | through
3 of this Note.
EE
OBIN AFCNEIL
R f (Seal) t | (Seat)
Borrower -Borrower
(Seal) (Seal)
Borrower -Borrower
(Seal) Seal)
-Borrower Borrower
| |
Sign Original Only]
.
FLORIDA - FHA FIXED RATE NOTE. DocMagic Forms 800-649-1362
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Loan Number: iy
ALLONGE TO PROM ISSORY N OTE
i
| ‘
Without recourse pay to the order of:
By:
Name: JOSEPH ANSI
Title: DIREG OF OPERATIONS
Company: P.: RE EA CAPITAL FUNDING, LLC D/B/A TOPDOT MORTGAGE, A NEW
YORK LIMITE LIABILITY COMPANY
125 JERICHO PIKE, SUITE 500
JERICHO, NEW YORK 11753
Borrower Name: ROBIN MCNEIL
Property Address: 2251 TRADEWINDS DRIVE
KISSIMMEE, FLORIDA 34746
Loan Amount: $ 117,826.00
Closing Date: DECEMBER 14, 2009
ALLONGE TO PROMISSORY NOTE DocMagic GRarms 600-649-1362
08/05/03 www,
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CFN 2009200164
Bk 03928 Pes 1250 - 12617 (1235)
DATE! 12/17/2009 11239217 AN
MALCON THOMPSON, CLERK OF COURT
OSCEOLA COUNTY
RECORDING FEES 103.50
—_ This Instrument Prepared By: NTG DOC 412.65
INTANGIBLE 235.65
ga Hediadl Barone
5a
After Recording Return To:
38
PREMIUM CAPITAL FUNDING, LLC
D/B/A TOPDOT MORTGAGE
125 JERICHO TURNPIKE, SUITE 500
JERICHO, NEW YORK 11753
Loan Number:
[Space Above This Line For Recording Data}
MORTGAGE FHA CASE NO.
as
‘a
THIS MORTGAGE ("Security Instrument") is given on DECEM! 14, 2009
The mortgagoris ROBIN MCNEIL, q Wnagle mon
("Borrower").
This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS") as Mortgagee. MERS
is the nominee for Lender, as hereinafter defined, and Lender's successors and assigns. MERS is organized and
existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-
2026, tel. (888) 679-MERS.
CBPTIAL FUNDING, LLC D/B/A TORDOT MCRICEGE, A NEW YORK LIMITED LIABILITY ("Lender")
is organized and existing under the lawsof NEW YORK
and has an address of 125 JERICHO TURNPIKE, SUITE 500, JERICHO, NEW YORK’
11753
Borrower owes Lender the principal sum of ONE HUNDRED SEVENTEEN THOUSAND EIGHT
HUNDRED TWENTY-SIX AND 00/100 Dollars (U.S. $ 117,826.00 ).
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 JANUARY 1, 2040
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and
all renewals, extensiohs and modifications of the Note; (b) the payment of all other sums, with interest, advanced
seo
under paragraph 7 to prot the security of this Security Instrument; and (c) the performance of Borrower's covenants
and agreements under this urity Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant
and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS the following described property located in OSCEOLA County, Florida:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT nan.
FHA FLORIDA MORTGAGE - MERS DocMagic Forms: 800-649-1362
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Book3928/Page1250 CFN#2009200164 [Exhibit "B" Page 1 of 12
which has the address of 2251 TRADEWINDS DRIVE
Street] :
KISSIMMEE » Florida 34746 ("Property Address"):
[city] [Zip Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixturés 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 understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security
Instrument; but, if necessary to comply with law or custom, RS (as nominee for Lender and Lender's successors
and assigns) the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Lendet including, but not limited to, releasing or canceling
this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised 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.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
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 in¢lude 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."
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. § 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended
from timeto 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 amounits 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. Ifthe 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
paroer iia LZ
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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
credited wi any balance remaining for all installments for items (a), (b), and (c). 1 1
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 majntained 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 Instrumeht 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.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. 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 rocess, gave
materially false or inaccurate information or statements to Lender (or failed to provide Lender withany 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
Borrower Initial;
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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 ¢laiin 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,
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
ih
these oblij tions 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 ‘eements 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 identifyi
10 days of the oY the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within
ring of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default, Lender may, exceptas 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 t this Security Instrument. :
(b) Sale Without Credit Approval. Lender shall, if permitted by applicabl Jc law (including section 341(d)
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) All 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
Borrower Initialsy
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(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.
© Mao e 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 from the date hereof, declining to insure this Security Instrument and
the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option
may not be exercised by Lender when the unavailability of insurance is solely due to Lender’ s failure to remit
a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a
lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of
Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses
properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and
the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.
However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current
foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversel ly affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Propet under the terms of this Security Instrument; (b)
is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the!terms of this
Security Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed
Borrower Initial;
FHA. FLORIDA (MORTGAGE HERS DocMagic CForms 800-649-1362
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Filing # 187651065 E-Filed 12/08/2023 12:03:38 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. SELENE FINANCE LP, Plaintiff, VS. ROBIN MCNEIL; UNKNOWN SPOUSE OF ROBIN MCNEIL; THE UNITED STATES OF AMERICA ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; TIC PALM COAST, INC. A/K/A TIME INVESTMENT COMPANY, INC.; MV. REALTY PBC, LLC; PARKVIEW AT LAKE SHORE HOMEOWNERS ASSOCIATION, INC.; CONCORDE ESTATES HOMEOWNERS ASSOCIATION INC, Defendant(s). / VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE Plaintiff, SELENE FINANCE LP, sues the Defendants and alleges: COUNT I-MORTGAGE FORECLOSURE This is an action to foreclose a mortgage on real property in OSCEOLA County, Florida. The Court has jurisdiction over the subject matter. On December 14, 2009, ROBIN MCNEIL executed and delivered a promissory note and a mortgage securing payment of the note to PREMIUM CAPITAL FUNDING, LLC D/B/A TOPDOT MORTGAGE, A NEW YORK LIMITED LIABILITY. A copy of the note is attached hereto as Exhibit "A". The Mortgage was recorded on December 17, 2009 in Official Records Book 03928, at Page 1250, of the Public Records of Osceola County, Florida, and PAGE 1 23-158163 - GaW mortgaged the property described in the mortgage then owned by the Mortgagor(s). A copy of the mortgage is attached hereto as Exhibit "B". The Mortgage and Note (collectively "Loan Documents") were modified pursuant to a Loan Modification Agreement recorded October 18, 2013 in Official Records Book 4518 at Page 1989. Further, the loan documents were modified pursuant to a Loan Modification Agreement recorded September 20, 2017 in Official Records Book 5210 at Page 1501. Further, the loan documents were modified pursuant to a Loan Modification Agreement recorded August 10, 2021 in Official Records Book 6019 at Page 877. Further, the loan documents were modified pursuant to a Loan Modification Agreement recorded June 15, 2023 in Official Records Book 6425 at Page 887. Copies of the Loan Modification Agreements are attached hereto as Exhibit "C". The Plaintiff's Mortgage and Loan Modification is a lien superior in dignity to any prior or subsequent right, title, claim, lien, or interest of any defendant in this action, including but not limited to, any interest arising out of Mortgagor(s) or Mortgagor(s)' predecessor(s) and/or successors in interest. Plaintiff is the holder of the original note secured by the mortgage and loan modification. Defendant(s) have defaulted under the Note, Mortgage, and Loan Modification by failing to pay the payment due June 1, 2023, and all subsequent payments. Plaintiff declares the full amount payable under the Note, Mortgage, and Loan Modification to be due. Defendant(s) owe Plaintiff $196,016.97 that is due and owing on principal, plus interest from and after May 1, 2023, and title search expenses for ascertaining necessary parties to this action, pursuant to the documents attached. PAGE 2 23-158163 - GaW Ad Valorem Taxes, In order to protect its security, the Plaintiff may have advanced and paid premiums on insurance require d by the Mortgage or Loan Modification and other necessary Any such costs, or may be required to make such advances during the pendency of this action, note, mortgage, and sum(s) so paid will also be due and owing pursuant to the terms of the loan modification. and, if dead, the 10 The property is now owned by Defendant(s), ROBIN MCNEIL, if living possession. unknown spouses, heirs, and beneficiaries of ROBIN MCNEIL who now hold(s) ation and 11 All conditions precedent to the acceleration of this mortgage, note, and loan modific satisfied or been to foreclosure of the mortgage and loan modification have occurred, been waived. . Plaintiff is entitled 12 Plaintiff is obligated to pay its attorneys a reasonable fee for their services Mortgage, and Loan to recover its attorneys' fees pursuant to the express terms of the Note, Modification. junior, inferior and 13 Plaintiff alleges that the claims of the remaining Defendants are secondary, subject to the prior claim of Plaintiff. may claim 14, The Defendant, CONCORDE ESTATES HOMEOWNERS ASSOCIATION INC, virtue of unpaid some right, title, or interest in the property herein sought to be foreclosed by dues, liens and/or assessments. However, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. OF AMERICA 15. Any interest in the property inuring to the Defendant, THE UNITED STATES OF HOUSING AND URBAN DEVELOPMENT, is ON BEHALF OF THE SECRETARY but not limited to, subordinate and inferior to the lien of Plaintiff's mortgage, including, at Page 1995 of the MORTGAGE recorded October 18, 2013, in Official Record Book 4518 PAGE 3 23-158163 - GaW Public Records of Osceola County, Florida and MORTGAGE recorded August 10, 2021, in A Official Record Book 6019 at Page 939 of the Public Records of Osceola County, Florida. copy is attached hereto as Exhibit "D". TIME 16 Any interest in the property inuring to the Defendant, TIC PALM COAST, INC. A/K/A INVESTMENT COMPANY, INC., is subordinate and inferior to the lien of Plaintiff's 15, mortgage, including, but not limited to, UCC FINANCING STATEMENT recorded April 2011, in Official Record Book 04118 at Page 0046 of the Public Records of Osceola County, Florida and UCC FINANCING STATEMENT AMENDMENT recorded February 18, 2016, County, Florida in Official Record Book 4915 at Page 705 of the Public Records of Osceola in Official and UCC FINANCING STATEMENT AMENDMENT recorded October 19, 2020, Record Book 5815 at Page 499 of the Public Records of Osceola County, Florida. is subordinate 17 Any interest in the property inuring to the Defendant, MV REALTY PBC, LLC, MENT and inferior to the lien of Plaintiff's mortgage, including, but not limited to, AGREE recorded September 27, 2021, in Official Record Book 6051 at Page 2643 of the Public Records of Osceola County, Florida. AT LAKE SHORE 18 Any interest in the property inuring to the Defendant, PARKVIEW HOMEOWNERS ASSOCIATION, INC., is subordinate and inferior to the lien of Plaintiff's Record Book mortgage, including, but not limited to, LIEN recorded April 18, 2022, in Official S 6195 at Page 860 of the Public Records of Osceola County, Florida and LIS PENDEN Records of recorded July 19, 2022, in Official Record Book 6253 at Page 1424 of the Public Osceola County, Florida. 19 Defendant, UNKNOWN SPOUSE OF ROBIN MCNEIL, may claim some right, title, or possession interest in the property herein sought to be foreclosed by virtue of homestead rights, PAGE 4 23-158163 - GaW or some other unknown interest, the exact nature of which is unknown to Plaintiff and not a matter of public record. However, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiffs mortgage. WHEREFORE, Plaintiff demands judgment foreclosing the mortgage and loan modification, for costs (and, when applicable, attorneys' fees), and, if the proceeds of the sale are insufficient to pay Plaintiff's judgment, Plaintiff asks the court to reserve jurisdiction to determine whether a deficiency is appropriate, in the event it is sought. Subject to any applicable statute of limitations, Plaintiff further requests that the Court ascertain the amount due to Plaintiff for principal and interest on the Mortgage, Note, and Loan Modification, and for late charges, abstracting, taxes, expenses and costs, including attorney's fees, plus interest thereon. If the sums due Plaintiff under the Mortgage, Note, and Loan Modification are not paid immediately, Plaintiff requests that the Court foreclose the Mortgage and Loan Modification and the Clerk of the Court sell the Property securing the indebtedness to satisfy the Plaintiff's mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2006); and that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereinafter made a Defendant be forever barred and foreclosed. Plaintiff further requests, where applicable, that the Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be necessary and proper, including the issuance of a writ of possession and the entry of a deficiency judgment decree, when and if such deficiency decree shall appear proper, provided Borrower(s) has/have not been discharged in bankruptcy. Finally, Plaintiff asks the PAGE 5 23-158163 - GaW Court to retain jurisdiction to resolve disputes that might arise with respect to assessments due or allegedly due to any Homeowners or Condominium Association, if applicable. VERIFICATION OF COMPLAINT Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. 2042 Brddin Executed on this Lf day of Deceaaber By: Vorbin a. Print Name: Title: Document Execution Specialist Company: SELENE FINANCE LP ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: FLmail@raslg.com /s/ Ryan Lumbreras Ryan Lumbreras, Esq., FL Bar No. 72596 Email: rlumbreras@raslg.com PAGE 6 23-158163 - GaW < MN: re NOTE Lon Nunber: FHA Case No. DECEMBER 14 2009 ORLANDO FLORIDA [Date] [City] [State] 2251 TRADEWINDS DRIVE, KISSIMMEE, FLORIDA 34746 [Property Address] 1 PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means PREMIUM CAPITAL FUNDING, LLC D/B/A TOPDOT MORTGAGE, A NEW YORK LIMITED LIABILITY COMPANY and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED TWENTY-SIX AND 00/100 Dollars (U.S. $117, 826.00 ), 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 FIVE AND 500/1000 percent ( 5.500 %) 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 that is dated the same date as this Note and called the “Security Instrument." The Security Instrument 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 onthe 1st day of each month beginning on FEBRUARY 1, “20 Any principal and interest remaining on the ist day of JANUARY 2040 » Will be due on that date, which is called the "Maturity Date,” @) Place Payment shall be madeat P.O. BOX 9103, UNIONDALE, NEW YORK 11555-9103 , or at such other place as Lender may designate in writing by notice to Borrower. ‘ I (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 669.00 This amount will be part of a larger monthly payment required by the Security Instrument, that shall'be applied to principal, interest and other items in the order described in the Security Instrument. | | FLORIDA - Fy05/01/08 A XED RATE NOTE DocMagic Forms 800-649-1362 FLFHA.NTE Paget of 3 Exhibit "A" www.docmagie.com . rea @) 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 ameni and supplement the covenants of this Note as if the allonge were apart of this Note. (Check applicable box.) 0 Growing Equity Allonge (0 Graduated Paynleht Allonge (D 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 rot 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 amountof FOUR AND 000/1000 percent ( 4.000 %) of the overdue amount of each payment. @) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except’ as limited by regulations of the Secretary iin 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 subsequert 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 f Housing and Urban Development or his or hér 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 law. Such fees and costs shall bear interest from the date of disbursément at the same rate as the principal of this Note. 7. WAIVERS I Borrower and y other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Pres ntment" 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. 1 ' OTE DocMagicie Comms 800-649-1362 FLFHA.NTE 05/01/08 Page 2 of 3 com ee e. e ’ 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore 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 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. The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages | through 3 of this Note. EE OBIN AFCNEIL R f (Seal) t | (Seat) Borrower -Borrower (Seal) (Seal) Borrower -Borrower (Seal) Seal) -Borrower Borrower | | Sign Original Only] . FLORIDA - FHA FIXED RATE NOTE. DocMagic Forms 800-649-1362 FHA.NTE 05/01/08 Page 3 of 3 ' www. dor com ee . a4 | Loan Number: iy ALLONGE TO PROM ISSORY N OTE i | ‘ Without recourse pay to the order of: By: Name: JOSEPH ANSI Title: DIREG OF OPERATIONS Company: P.: RE EA CAPITAL FUNDING, LLC D/B/A TOPDOT MORTGAGE, A NEW YORK LIMITE LIABILITY COMPANY 125 JERICHO PIKE, SUITE 500 JERICHO, NEW YORK 11753 Borrower Name: ROBIN MCNEIL Property Address: 2251 TRADEWINDS DRIVE KISSIMMEE, FLORIDA 34746 Loan Amount: $ 117,826.00 Closing Date: DECEMBER 14, 2009 ALLONGE TO PROMISSORY NOTE DocMagic GRarms 600-649-1362 08/05/03 www, ee CFN 2009200164 Bk 03928 Pes 1250 - 12617 (1235) DATE! 12/17/2009 11239217 AN MALCON THOMPSON, CLERK OF COURT OSCEOLA COUNTY RECORDING FEES 103.50 —_ This Instrument Prepared By: NTG DOC 412.65 INTANGIBLE 235.65 ga Hediadl Barone 5a After Recording Return To: 38 PREMIUM CAPITAL FUNDING, LLC D/B/A TOPDOT MORTGAGE 125 JERICHO TURNPIKE, SUITE 500 JERICHO, NEW YORK 11753 Loan Number: [Space Above This Line For Recording Data} MORTGAGE FHA CASE NO. as ‘a THIS MORTGAGE ("Security Instrument") is given on DECEM! 14, 2009 The mortgagoris ROBIN MCNEIL, q Wnagle mon ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS") as Mortgagee. MERS is the nominee for Lender, as hereinafter defined, and Lender's successors and assigns. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501- 2026, tel. (888) 679-MERS. CBPTIAL FUNDING, LLC D/B/A TORDOT MCRICEGE, A NEW YORK LIMITED LIABILITY ("Lender") is organized and existing under the lawsof NEW YORK and has an address of 125 JERICHO TURNPIKE, SUITE 500, JERICHO, NEW YORK’ 11753 Borrower owes Lender the principal sum of ONE HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED TWENTY-SIX AND 00/100 Dollars (U.S. $ 117,826.00 ). 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 JANUARY 1, 2040 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensiohs and modifications of the Note; (b) the payment of all other sums, with interest, advanced seo under paragraph 7 to prot the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this urity Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in OSCEOLA County, Florida: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT nan. FHA FLORIDA MORTGAGE - MERS DocMagic Forms: 800-649-1362 FLMTGZ. (A 11/01/08 Page 1 of 9 ee Book3928/Page1250 CFN#2009200164 [Exhibit "B" Page 1 of 12 which has the address of 2251 TRADEWINDS DRIVE Street] : KISSIMMEE » Florida 34746 ("Property Address"): [city] [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixturés 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 understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, RS (as nominee for Lender and Lender's successors and assigns) the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lendet including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised 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. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 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 in¢lude 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." 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. § 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from timeto 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 amounits 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. Ifthe 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 paroer iia LZ FHA FLORIDA MORTGAGE - MERS DocMagic rommes, 800-649-1362 FLMTGZ.FHA 11/01/08 Page 2 of 9 ee Book3928/Page1251 CFN#2009200164 Page 2 of 12 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 credited wi any balance remaining for all installments for items (a), (b), and (c). 1 1 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 majntained 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 Instrumeht 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. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. 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 rocess, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender withany 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 Borrower Initial; ee JA MORTGAGE - MERS iA 11/01/08 Page 3 of 9 DocMagic Farms 800-649-1362 com ee Book3928/Page1252 CFN#2009200164 Page 3 of 12 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 ¢laiin 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, 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 ih these oblij tions 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 ‘eements 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 identifyi 10 days of the oY the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within ring of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default, Lender may, exceptas 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 t this Security Instrument. : (b) Sale Without Credit Approval. Lender shall, if permitted by applicabl Jc law (including section 341(d) 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) All 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 Borrower Initialsy FHA FLORIDA - MERS DocMagic Forme Boo-s49-1362 FLMTGZ.FHA 11/01/08 Page 4 of 9 ee Book3928/Page1253 CFN#2009200164 Page 4 of 12 : (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. © Mao e 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 from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender’ s failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversel ly affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Propet under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the!terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed Borrower Initial; FHA. FLORIDA (MORTGAGE HERS DocMagic CForms 800-649-1362 Page