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,IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL
CIRCUIT IN AND FOR GILCHRIST COUNTY, FLORIDA
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Plaintiff, casENO: ZI 20I2-CA -O104
VS.
BARBARA M. SCOTT; UNKNOWN SPOUSE
OF BARBARA M. SCOTT; UNKNOWN
TENANT(S) IN POSSES SION #1 and #2, and
ALL 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 5
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,
Defendant(s).
/
VERIFIED COMPLAINT
Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, (hereinafter referred
RA M.
to as “Plaintiff’) by and through undersigned counsel, hereby sues Defendants, BARBA
(S) IN
SCOTT; UNKNOWN SPOUSE OF BARBARA M. SCOTT; UNKNOWN TENANT
if a named
POSSESSION #1 and #2, and ALL OTHER UNKNOWN PARTIES, including,
Defendant is deceased, the personal representatives, the surviving spouse, heirs, devisees,
t,
grantees, creditors, and all other parties claiming, by, through, under or against that Defendan
status is
and all claimants, persons or parties, natural or corporate, or whose exact legal
and alleges:
unknown, claiming under any of the above named or described Defendants,
COUNT I - FORECLOSURE
t County,
This is an action to foreclose a mortgage on real property located in Gilchris
ed and/or
Florida, All conditions precedent to the filing of this matter have been complet
waived.
by Defendant(s), BARBARA M. SCOTT, who hold(s)
The subject-property is owned
possession.
UNKNOWN TENANT(S) IN POSSESSION, Occupants, 3009 SE 80th
Defendant(s),
property by virtue of
Avenue, Newberry, FL 32669, may claim some interest in the subject
12-34202
their possession or occupancy of the same; however, said interest, if any, is subordinate,
junior, and inferior to the lien of Plaintiff's mortgage.
In addition to all other named Defendants, the unknown spouses, heirs, devisees, grantees,
assignees, creditors, trustee, successors in interest or other parties claiming an interest in the
subject property by, through or against any of said defendants, whether natural or corporate,
who are not known to be alive or dead, dissolved or existing, are joined as Defendants herein.
The claims of any of said parties are subject, subordinate, and inferior to the interests of
Plaintiff.
On November 13, 2007, Defendant(s), BARBARA M. SCOTT, executed and delivered a
promissory note and Defendant(s), BARBARA M. SCOTT, executed and delivered a
mortgage securing payment of the note to Bank of America, N.A.. The mortgage was
recorded on November 20, 2007, in Instrument # 2007006982 of the public records of
Gilchrist County, Florida, and mortgaged the property described in the mortgage then owned
by and in possession of the mortgagor(s). The loan was subsequently modified. (A copy of
the mortgage and a copy of the note being attached hereto as Exhibits “A” and “B.”)
Plaintiff is the owner and holder of the note.
Defendant(s), BARBARA M. SCOTT, defaulted under the note and mortgage by failing to
pay the payment due January 01, 2012, and all subsequent payments.
Plaintiff declares the full amount payable under the note and mortgage to be due.
Defendant(s), BARBARA M. SCOTT, owe(s) Plaintiff $71,624.27 that is due in principal on
the note and mortgage, interest from December 01, 2011, and title search expense for
ascertaining necessary parties to this action. Said indebtedness has been accelerated pursuant
to the terms of the subject note and mortgage.
10. Defendant, UNKNOWN SPOUSE OF BARBARA M. SCOTT, may have a legal and/or
equitable interest in the subject property by virtue of the Florida Constitution and the
governing Florida Statutes regarding Homestead Rights or as a title holder, but any such
right, title, or interest in and to said real property is junior, subordinate, and inferior to the
lien of Plaintiff's mortgage.
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11. Plaintiff is obligated to pay its attorneys a reasonable fee for their services and is entitled to
recover its attorney’s fees pursuant to Florida Statute and the promissory note.
WHEREFORE, Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, requests
a judgment foreclosing the mortgage and subordinate liens and/or Unknown Spouse and
Tenant(s) in Possessions’ interests in the property and its costs and reasonable attorney’s fees,
and if the proceeds of the sale are insufficient to pay Plaintiff's claim and the borrower(s) has not
been discharged in bankruptcy, a deficiency judgment.
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.
A
Seterus, Inc., as servicer for FEDERAL
NATIONAL MORTGAGE ASSOCIATION
(« ”)
Name; JeannetteL. Cao
Title:__Forectosure Specialist
Date: 2
POPKIN & ROSALER, P.A.
Attorney for Plaintiff
1701 West Hillsboro Boulevard
Suite 400
Deerfield Beach, FL 33442
Telephone: (954)3eo ono
Facsimile: /)
Dated: AUG 06 2012
L.Mo
Flog a Bar No.: 0174882
(CHARDP. COHN
Florida Bar No.: 0093459
THIS COMMUNICATION, FROM A DEBT COLLECTOR, IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
12-34202
This notice, is Required by the Fair Debts Collection Practices Act (the “Act”) 15 U.S.C. §§1601
et seq., as amended,
The Plaintiff as named in the attached summons and complaint is the creditor to whom
the debt is owed or is the servicing agent for the creditor to whom the debt is owed.
The debtor may dispute the validity of this debt, or any portion thereof, within thirty (30)
days of receipt of this Notice. If the debtor fails to dispute the debt within thirty (30)
days, the debt will be assumed valid by the creditor.
If the debtor notifies the creditor’s law firm within thirty (30) days from receipt of this
notice that the debt, or any portion thereof, is disputed, the creditor’s law firm will obtain
verification of the debt, or a copy of a judgment and a copy of the verification will be
mailed to the debtor by the creditor’s law firm.
The name of the original creditor is set forth in the mortgage and note attached hereto, 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
(30) days from the receipt of this notice, the address of the original creditor will be
mailed to the debtor by the creditor’s law firm.
As of the date affixed to the Complaint filed herein, the amount of the debt is stated in the
attached Complaint attached hereto. Because of interest, late charges, and other charges
that may vary from day to day, the amount due on the day you pay may be greater.
Hence, if you pay the amount shown above, an adjustment may be necessary after we
receive your check, in which event we will inform you before depositing the check for
collection. For further information, please contact the law firm listed below.
Written request required by this Act should be addressed to:
POPKIN & ROSALER, P.A.
Attention: Brian L. Rosaler, Esquire
1701 West Hillsboro Boulevard, Ste. 400
Deerfield Beach, FL 33442
(954) 360-9030
fax (954) 420-5187
This communication is for the purpose of collecting a debt, and any information obtained
from the debtor will be used for that purpose.
The law does not require me (the debt collector) to wait until the end of the thirty (30)
day period before suing you (the consumer) to collect this debt. If, however, you request
proof of the debt or the name and address of the original creditor within the thirty (30)
day period which begins with your receipt of this notice, the law requires me to suspend
my efforts (through litigation or otherwise) to collect the debt until I mail the requested
information to you.
12-34202
Instrument# 2007006982, Page 1 of 17 Recorded 11/20/2007 at 12:17 PM, Joe W
Gilliam, Gilchrist County, Clerk of Court Doc. Stamp M $218.40 Int. Tax $124.80
Deputy Clerk DEBBIE CRAFT
—+
‘ter Recording Return To:
Linear Title & Closing
‘Ocean Technology Park
127 John Clarke Road
Middletown, Ri 02842
GLO- (00S
Return To: LOAN # 6447014694
FLS-700-01-01
JACKSONVILLE POST CLOSING
BANK OF AMERICA
9000 SOUTHSIDE BLVD.
BLOG 700, FILE RECEIPT DEPT.
JACKSONVILLE, FL 32:
This document was prepared by:
CHRISTIE JUSTICE
BANK OF AMERICA, N.A.
1400 BEST PLAZA DR, STE 101
RICHMOND, VA 232270000
[Space Above This Line For Recording Data)
LOAN # 6447014694
MORTGAGE
a
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined
in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
document are also provided in Section 16.
(A) “Security Instrument” means this document, which is dated NOVEMBER 13, 2007
together with all Riders to this document.
(B) "Borrower" is BARBARA M SCOTT
Borrower is the mortgagor under this Security Instrument.
(C) “Lender” is BANK OF AMERICA, N.A.
Lender is a NATIONAL BANKING ASSOCIATION
orgenized and existing under the jaws of THE UNITED STATES OF AMERICA
FLORIDA ~ Single Family - Fannie Mae/Fr: Mac UNIFORM INSTAUMENT Form 3010 1/01
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Instrument# 2007006982, Page 2 of 17
Lender’s address is 1400 BEST PLAZA DR, STE 101 RICHMOND, VA 232270000
Lender is the mortgagee under this Security Instrument.
(D) “Note” means the promissory note signed by Borrower and dated NOVEMBER 13, 2007
The Note states that Borrower owes Lender SIXTY TWO THOUSAND FOUR HUNDRED AND
00/100 Dolla
(US. S$ 62,400.00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than DECEMBER 01, 2037
(E) "Property" mesns the property that is described below under the heading “Transfer of Rights
in the Property.”
(F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower (check box as applicablel:
Adjustable Rate Rider [_] Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(s) [specity?
(H) "Applicable Law" means oll controlling spplicable federal, state and local statutes,
regulations, ordinances and administ ive rule and orders (that have the effect of law) as well as
all applicable finel, non-appealabie judicial opinions.
(1) “Community Association Dues, Fees, and Assessments” means al! dues, fees,
assessments and other charges that are imposed on Borrower or the Property by a condominium
tion, homeowners association or similar organization,
(J) “Electronic Funds Transfer means any transfer of fun other than a transaction
originated by check, draft, or similar paper instrument, which i jated through an electronic
terminal, telephonic instrument, computer, or magnetic tape'so as to order, instruct, or authorize
a financial institution to debit or credit en account. Such term includes, but is not limited to,
point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers,
(K) “Escrow Items” means those items that are described in Section 3.
({L) "Miscellaneous Proceeds’ means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds under the coverages
described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or
other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value andlor condition of the Property.
(M) "Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or
default on, the Loan,
(N) "Periodic Payment means the regularly scheduled amount due for (i) principal and
interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
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Instrument# 2007006982, Page 3 of 17
———,—_
(O) “RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.)
and its implementing regulation, Regulation X (24 C.F.R. Port 3500), as they might be amended
from time to time, or any additional or successor 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 as “federally selated mortgage Joan" under RESPA.
(P) "Successor in Interest of Borrower” means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,
‘extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby
mortgage, grant and convey to Lender, the following described property located in the
of GILCHRIST :
(Type of Recording Jurisdiction} {Nome of Recording Jurisdiction)
"LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.”
Parcel ID Num ber: 23031600000001006 which currently has the address of
3009 SOUTHEAST BOTH AVENUE {Street}
NEWBERRY {City}, Florida 32669. {Zip Code)
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixturea now or hereafter a part of the property. All replacements
and additions shall also be covered by thi Security Instrument. All of the foregoing is referred to
in this Security Instrument es the “Property,”
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Instrument# 2007006982, Page 4 of 17
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
and has the right to! mortgege, 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 Ps ‘ty against all claims and demands, subject to any encumbrances of record.
'Y INSTRUMENT combines uniform covenants for national use and
nonuniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real prc rty,
IRM COVENA! ‘Borrower and Lender covenant and agree as follows
1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the
Note and any prepayment charges and Jate charges due under the Note. Borrower shal also pay
fi for Escrow Items pursuant to Section 3. Payments due under the Note and this Security
Instrument shal! be made in US. currency. However, if sny check or other instrument received by
Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,
Lender may require thet eny or all subsequent payments due under the Note end this Securit
Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (1 b}
money 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 ugency,
instrumentality, or entity; or (d) Hlectronic Funds Transfer.
Payments ere deemed received by Lender when received at the location designated in the
Note or at such other location as may be designated by Lender in accordance with the notice
provisions in Section 15. Lender may return any payment or partial payment if the payment or
part payments are insufficient to bring the Loan current. snder may accept ‘any payment or
yment insufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to rights to 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 Pe: lic
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds, Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do 80 within « reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future inst Lender shall relieve Borrower from
making payments due under the Note and this Security Instrument or performing the covenants
and egreements secured by this Security Instrument,
2. Application of Payments or Proceeds, Except otherwise described in this Section 2,
all payments accepted and applied by Lender shall be aj ied in the following order of prio:
{e) interest due under the Note; (b) principal due under # Note; (c) amounts due under Section
3. Such ents shall be applied to each Periodic Payment in the order in which it became due.
Any rem ing amounts shall be applied first to late charges, second to any other amounts due
under this Security Instrument, and then to reduce the principal balance of the Note.
Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient cmount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender
may apply any payment received from Borrower to the repayment of the Periodic Payments if,
and to the extent that, each payment can be paid in full. To the extent that any excess exists after
the payment is applied to the full payment of one or more Periodic Payments, such excess may be
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VFL 19/13/07 8:20 AM 6447014694
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Instrument# 2007006982, Page 5 of 17
applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment
charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic
Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments
are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment
of smounts due for: taxes a ‘assesaments and other items which can attain priority over this
Security Instrument as @ lien or encumbrance on the Property; (b) leasehold payments or ground
rents on the Property any; (c) premiums for any and all insurance required under
Section 5; and (d) Mortgage Insurance premiums, if any, of y sums payable by Borrower to
Lender in licu of the payment of Mortgage Insurance premiu: in accordance with the provisions
of Section 10. These items are called "Escrow Items.” At origination or at sny time during the
term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,
if any, be escrowed by Borrower, and such dues, fees and assessments shell be an Escrow Item.
Borrower shell promptly furnish to Lender all notices of emounts to be paid under this Section.
Borrower shell pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items, Lender may waive Borrower's obligetion
to pay to Lender Funds for any or all Escrow Itemsat any time. Any such waiver may only be in
writing, In the event of such waiver, Borrower shall pay directly, when end where payable, the
amounts due for any Escrow Items for which payment of Funds hes been waived by Lender and,
if Lender requires, shall furnish to Lender receipts evidencing such payment within such time
period as Lender may require. Borrower's obligation to meke such payments and to provide
receipts shall for all purposes be deemed to be a covenant and agreament conteined in this
Security Instrument, es the phrase “covenant and agreement” is used in Section 9. If Borrower is
obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
amount end Borrower shall then be obligated under Section 9 to repay to Lender sny such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by « notice
given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3,
nder may, at any time, collect and hold Funds in an amount (a) 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 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 Le
The Funds shall be held in an institut whose deposits are insured by a federal sgency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so
insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to psy the Escrow
Ttems no Inter than the time specified under RESPA, Lender shall not charge Borrower for
holding and 6 lying the Funds, annually analyzing the escrow account, or verifying the Escrow
Items, unless der ys Borrower interest on the Funds and Applicable Law permits Lender to
make such a charge. Inless 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 sgree in writing, however, that interest shal} be paid on the
Fonds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
requiredby RESPA.
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Instrument# 2007006982, Page 6 of 17
If there is » surplus of Funds held in escrow, as defined under RESPA, Lender shall account
to Borrower for the excess funds in accordance with RESPA. If there 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 up the shortage in accordance with
A, but in no more than 12 monthly payments. If there is 8 deficiency 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 up the deficiency in accordance with
RESPA, but in no more than 12 monthly payments.
Upon payment in full of al! sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender,
4. Charges; Liens. Borrower shall pay al] taxes, assesaments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold
payments or ground rents on the Property, if any, and Community Association Dues, Fees, and
Assessments, if any. To the eytent that these items are Escrow Items, Borrower shal! pay them in
the manner provided in Section 3.
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 the lien in a
manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b)
contests the lien in good Iaith by, or defends against enforcement of the lien in, legal proceedings
which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings
are pending, but only until such proceedings are concluded; 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 can attain priority over
this Security Instrument, Lender may e rower a notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shell satisfy the lien or take one or more of
the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification
andlor reporting service used by Lender in connection with this Loan,
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured inat Joss by fire, hazards included within the term “extended
coverage,” and any other hazards including, but not limited to, earthquakes and floods, for wt
Lender requires insurance. Thit insurance shall be maintained in the amounts (inch
deductible levels) and for the periods that Lender requires, What Lender requires pursuant to the
ling sentences can change during the term of the Loan. The insurance carrier providing the
insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, a
connection with this Loan, either: (a) » one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood zone determinstion a certification
services and subsequent charges each time remi ings or similer chenges occur which reasonably
might affect such determination or certification. Borrower shail also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance. coverage, st Lender's option and Borrower's expense, Lender is under no o! stion to
purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender,
but might or might not protect Borrower, Borrower's equity in the Property, or the contents of
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CVFL 11/13/07 8:20 A GaaTOL4ESE
Instrument# 2007006982, Page 7 of 17
the Property, ageinst aiy risk, hazard or liability and might provide greater or lesser coverage
than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any
amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the
date of disbursement and shall be payable, with such interest, upon notice from Lender to
Borrower requesting payment,
All insurance policies required by Lender and renewals of such policies shall be subject to
Lender's right to disapprove such policies, shall include standard mortgage clause, and chall
name Lender es mortgagee andlor a8 an additional loss payee. Lender shall have the right to hold
the policies and renewal certifi tes. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance
coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or es an
additional toss payee.
Jn the event of loss, Borrower shall give prompt notice to the inurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was
required by Lender, shall be applied to restoration or r ir of the Property, if the restoration or
repair is economically feasible and Lender security it not lessened. During such repair and
restoration period, Lender shall have the right to hold auch insurance proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's
sotisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration in a single payment a series of progress payments as
the work is completed. Unless an ngreement is made in wi ing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower, If the restoration or repair is not economically feasible or Lender's security would be
lessened, the insurance proceeds shall be a5 jied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such insurence proceeds shall
be applied in the order provided for in Section
If Borrower abandons the Property, Lender may file, negotiste and settle any aveilable
insurance claim and releted matters. If Borrower does not respond within 30 days to # notice
from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate
and settle tho claim. The 30-day period will begin when the notice is given. In either event, or if
Lender acquires the Property under Section 22 or otherwise, Borrower hereby a to Lender
{a) Borrower's rights to any insurance proceeds in amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other thi
right to any refund of unearned iums paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable ta the coverage of the Property. Lender
may use the insurance either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within 60 days after the execution of this Security Instrument and shall
Wve to accupy the Property as Borrower's principal residence for at least one year after the
ED,
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web Dad, Form 3010 1/01
CVFL 11/12/07 8:20 Aw Gea7014694
Instrument# 2007006982, Page 8 of 17
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonsbly withheld, or unless ertenusting circumstances exist which are beyond Borrower's
control.
7, Preservation, Maintenance and Protection of the Property; Inspections. Borrower
shall not destroy, damage or impeir the Property, allow the Property to deteriorate or commit
waste on the Property. Whether or not Borrower ia residing in the Property, Borrower shall
maintain the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition, Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnstion proceeds are paid in connection with
damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring
the Property only if Lender has released proceeds for such purposes. Lender may disburse
proceeds for the repairs and restorstion in a single payment or in a series of progress payments as
‘the work is completed. If the insurance or condemnati are not sufficient to repair or
restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such
repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it
has reasonable cause, Lender mi inspect the interior of the improvements on the Property.
Lender shell give Borrower notice st the time of or prior to such an interior inspection specifying
such reasonable cause.
8, Borrower's Loan Application, Borrower shall be in default if, during the Loan
application process, Borrower or eny persons or entities acting at the direction af Borrower or
with Borrower's knowledge or consent gave mat ly false, misleading, or inaccurate
information or statements to Lender (or failed to provide Lender with materia) information) in
connection with the Loan. Materia! representations include, but are not limited to, representations
concerning Borrower's occupancy of the Property es Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this
Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest
in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy,
probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over
this Security Instrument or to enforce laws or regulations), or (c) Borrower has ned the
Property, then Lender may do and pay for whatever is reasonable or appropri to protect
Lender's ‘interest in the Property and rights under this Security Instrument, including protecting
andlor assessing the value of the Property, ind securing andlor repairing the Property. Lender's
actions can include, but are not limited a) paying any sums secured by a lien which has
priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable tarneys'
fees to protect its interest in the Property Vor rights under this Security Instrument, including
its secured position in,a bankruptcy proceeding. Securing the Property includes, but is not limited
to, entering the Property to make rep 3, change locks, replace or board up doors and windows,
drain water" from pipes, eliminate building or other code vit jons or dangerous conditions, and
have util jes turned on or off. Although Lender may take action under this Secti
not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs
no liability for not taking any or all actions authorized under this Section 9.
Any emounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shell bear interest the Note rate
sninern lad
2DA-EHL) 12008 Page ean ia Form 3010 1/01
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Instrument# 2007006982, Page 9 of 17
from the date of disbursement and shal} be payable, with such interest, upon notice from Leader
to Borrower requesting payment.
If this Security Instrument is on s leasehold, Borrower shall comply with all the provisions
of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not
merge unless Lender agrees to the merger in writi
10, Mortgage Insurance, If Lender required Mortga; Insurance as a condition of meking
the Losn, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.
If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be aveilable from
the mortga insurer that previously provided such insurance and Borrower was required to meke
separately designated payments tor the premiums for Martga; Insurance, Borrower shall pay
the smiums required to obtain coverage substantially equivalent to the Mortge; Insurance
reviously in effect, at a cost substantially equivalent to the cost to Borrower of tl Mortga:
Insurance previously in effect, from en alternate mortgage insurer sclected by Lender t
substantially equivalent Mortgage Insurance coverage is not available, Borrower shell continue to
pay to Lender the amount of the separately designated payments that were due when the insurance
der will accept, use and retein these payments as a
onefundetle 1 to be in effect.
lass reserve in liev of Mortgage Insurance. Such loss reserve
non‘refundable, notwithstanding the fact that the
Ik be
in is ultimately paid in full, and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve, Lender can no
longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the
period that Lender requires) provi ided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires sepa rately designated payments toward the premiums for Mortgage
Insurance. If Lender requir: ed for rtgage Insurance as a condition of making the Loan and
Borrower was required to make separately designated payments towerd the premiums for
Mortgage Insurance, Borrower shall y the promivms required ta mi Mortgage Insurance
in fect, or to, provide a non“refur ble loss reserve, until Lender's requirement for Mortgage
Insurance ends in sccordance with any written agreement between Borrower and providing
for such termination or unti) termi: ion is required by Applicable Lew. Nothing in this Section
10 affects Borrower's obligation to pay interest at the rate provided i the Note.
Mortgage Insurance reimburses Lender (or any entity ‘that
losses it may incur if Borrower does not repay the a8 8 pred Bo
chases the Note) for certain
. Borrower is not a party to the
Mortgag e Insurance.
rtgage insurers evaluate their total risk on all such insurance in force from time to time,
and may enter into agreements with other ies that shai 1 modify their risk, or reduce losses.
agreements are.on terms and conditions thst are satisfactory to the mortgage insurer and
the other party (or parties) to these agreements. Feements may require the mortga;
insurer to mi Payments using any source of funds that the mortgage insurer may have available
Preview
4 ,IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR GILCHRIST COUNTY, FLORIDA FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, casENO: ZI 20I2-CA -O104 VS. BARBARA M. SCOTT; UNKNOWN SPOUSE OF BARBARA M. SCOTT; UNKNOWN TENANT(S) IN POSSES SION #1 and #2, and ALL 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 5 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, Defendant(s). / VERIFIED COMPLAINT Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, (hereinafter referred RA M. to as “Plaintiff’) by and through undersigned counsel, hereby sues Defendants, BARBA (S) IN SCOTT; UNKNOWN SPOUSE OF BARBARA M. SCOTT; UNKNOWN TENANT if a named POSSESSION #1 and #2, and ALL OTHER UNKNOWN PARTIES, including, Defendant is deceased, the personal representatives, the surviving spouse, heirs, devisees, t, grantees, creditors, and all other parties claiming, by, through, under or against that Defendan status is and all claimants, persons or parties, natural or corporate, or whose exact legal and alleges: unknown, claiming under any of the above named or described Defendants, COUNT I - FORECLOSURE t County, This is an action to foreclose a mortgage on real property located in Gilchris ed and/or Florida, All conditions precedent to the filing of this matter have been complet waived. by Defendant(s), BARBARA M. SCOTT, who hold(s) The subject-property is owned possession. UNKNOWN TENANT(S) IN POSSESSION, Occupants, 3009 SE 80th Defendant(s), property by virtue of Avenue, Newberry, FL 32669, may claim some interest in the subject 12-34202 their possession or occupancy of the same; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. In addition to all other named Defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, trustee, successors in interest or other parties claiming an interest in the subject property by, through or against any of said defendants, whether natural or corporate, who are not known to be alive or dead, dissolved or existing, are joined as Defendants herein. The claims of any of said parties are subject, subordinate, and inferior to the interests of Plaintiff. On November 13, 2007, Defendant(s), BARBARA M. SCOTT, executed and delivered a promissory note and Defendant(s), BARBARA M. SCOTT, executed and delivered a mortgage securing payment of the note to Bank of America, N.A.. The mortgage was recorded on November 20, 2007, in Instrument # 2007006982 of the public records of Gilchrist County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor(s). The loan was subsequently modified. (A copy of the mortgage and a copy of the note being attached hereto as Exhibits “A” and “B.”) Plaintiff is the owner and holder of the note. Defendant(s), BARBARA M. SCOTT, defaulted under the note and mortgage by failing to pay the payment due January 01, 2012, and all subsequent payments. Plaintiff declares the full amount payable under the note and mortgage to be due. Defendant(s), BARBARA M. SCOTT, owe(s) Plaintiff $71,624.27 that is due in principal on the note and mortgage, interest from December 01, 2011, and title search expense for ascertaining necessary parties to this action. Said indebtedness has been accelerated pursuant to the terms of the subject note and mortgage. 10. Defendant, UNKNOWN SPOUSE OF BARBARA M. SCOTT, may have a legal and/or equitable interest in the subject property by virtue of the Florida Constitution and the governing Florida Statutes regarding Homestead Rights or as a title holder, but any such right, title, or interest in and to said real property is junior, subordinate, and inferior to the lien of Plaintiff's mortgage. 12-34202 11. Plaintiff is obligated to pay its attorneys a reasonable fee for their services and is entitled to recover its attorney’s fees pursuant to Florida Statute and the promissory note. WHEREFORE, Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, requests a judgment foreclosing the mortgage and subordinate liens and/or Unknown Spouse and Tenant(s) in Possessions’ interests in the property and its costs and reasonable attorney’s fees, and if the proceeds of the sale are insufficient to pay Plaintiff's claim and the borrower(s) has not been discharged in bankruptcy, a deficiency judgment. 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. A Seterus, Inc., as servicer for FEDERAL NATIONAL MORTGAGE ASSOCIATION (« ”) Name; JeannetteL. Cao Title:__Forectosure Specialist Date: 2 POPKIN & ROSALER, P.A. Attorney for Plaintiff 1701 West Hillsboro Boulevard Suite 400 Deerfield Beach, FL 33442 Telephone: (954)3eo ono Facsimile: /) Dated: AUG 06 2012 L.Mo Flog a Bar No.: 0174882 (CHARDP. COHN Florida Bar No.: 0093459 THIS COMMUNICATION, FROM A DEBT COLLECTOR, IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 12-34202 This notice, is Required by the Fair Debts Collection Practices Act (the “Act”) 15 U.S.C. §§1601 et seq., as amended, The Plaintiff as named in the attached summons and complaint is the creditor to whom the debt is owed or is the servicing agent for the creditor to whom the debt is owed. The debtor may dispute the validity of this debt, or any portion thereof, within thirty (30) days of receipt of this Notice. If the debtor fails to dispute the debt within thirty (30) days, the debt will be assumed valid by the creditor. If the debtor notifies the creditor’s law firm within thirty (30) days from receipt of this notice that the debt, or any portion thereof, is disputed, the creditor’s law firm will obtain verification of the debt, or a copy of a judgment and a copy of the verification will be mailed to the debtor by the creditor’s law firm. The name of the original creditor is set forth in the mortgage and note attached hereto, 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 (30) days from the receipt of this notice, the address of the original creditor will be mailed to the debtor by the creditor’s law firm. As of the date affixed to the Complaint filed herein, the amount of the debt is stated in the attached Complaint attached hereto. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, please contact the law firm listed below. Written request required by this Act should be addressed to: POPKIN & ROSALER, P.A. Attention: Brian L. Rosaler, Esquire 1701 West Hillsboro Boulevard, Ste. 400 Deerfield Beach, FL 33442 (954) 360-9030 fax (954) 420-5187 This communication is for the purpose of collecting a debt, and any information obtained from the debtor will be used for that purpose. The law does not require me (the debt collector) to wait until the end of the thirty (30) day period before suing you (the consumer) to collect this debt. If, however, you request proof of the debt or the name and address of the original creditor within the thirty (30) day period which begins with your receipt of this notice, the law requires me to suspend my efforts (through litigation or otherwise) to collect the debt until I mail the requested information to you. 12-34202 Instrument# 2007006982, Page 1 of 17 Recorded 11/20/2007 at 12:17 PM, Joe W Gilliam, Gilchrist County, Clerk of Court Doc. Stamp M $218.40 Int. Tax $124.80 Deputy Clerk DEBBIE CRAFT —+ ‘ter Recording Return To: Linear Title & Closing ‘Ocean Technology Park 127 John Clarke Road Middletown, Ri 02842 GLO- (00S Return To: LOAN # 6447014694 FLS-700-01-01 JACKSONVILLE POST CLOSING BANK OF AMERICA 9000 SOUTHSIDE BLVD. BLOG 700, FILE RECEIPT DEPT. JACKSONVILLE, FL 32: This document was prepared by: CHRISTIE JUSTICE BANK OF AMERICA, N.A. 1400 BEST PLAZA DR, STE 101 RICHMOND, VA 232270000 [Space Above This Line For Recording Data) LOAN # 6447014694 MORTGAGE a DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) “Security Instrument” means this document, which is dated NOVEMBER 13, 2007 together with all Riders to this document. (B) "Borrower" is BARBARA M SCOTT Borrower is the mortgagor under this Security Instrument. (C) “Lender” is BANK OF AMERICA, N.A. Lender is a NATIONAL BANKING ASSOCIATION orgenized and existing under the jaws of THE UNITED STATES OF AMERICA FLORIDA ~ Single Family - Fannie Mae/Fr: Mac UNIFORM INSTAUMENT Form 3010 1/01 _ D,-BIFL) 12008 pene tare nities Bod MP MORTGAGE FORMS - {900)521-7281 VFL 17/93/07 8:20 Au 6447074594 IAA Exnore A" Instrument# 2007006982, Page 2 of 17 Lender’s address is 1400 BEST PLAZA DR, STE 101 RICHMOND, VA 232270000 Lender is the mortgagee under this Security Instrument. (D) “Note” means the promissory note signed by Borrower and dated NOVEMBER 13, 2007 The Note states that Borrower owes Lender SIXTY TWO THOUSAND FOUR HUNDRED AND 00/100 Dolla (US. S$ 62,400.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 01, 2037 (E) "Property" mesns the property that is described below under the heading “Transfer of Rights in the Property.” (F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicablel: Adjustable Rate Rider [_] Condominium Rider Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specity? (H) "Applicable Law" means oll controlling spplicable federal, state and local statutes, regulations, ordinances and administ ive rule and orders (that have the effect of law) as well as all applicable finel, non-appealabie judicial opinions. (1) “Community Association Dues, Fees, and Assessments” means al! dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium tion, homeowners association or similar organization, (J) “Electronic Funds Transfer means any transfer of fun other than a transaction originated by check, draft, or similar paper instrument, which i jated through an electronic terminal, telephonic instrument, computer, or magnetic tape'so as to order, instruct, or authorize a financial institution to debit or credit en account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (K) “Escrow Items” means those items that are described in Section 3. ({L) "Miscellaneous Proceeds’ means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andlor condition of the Property. (M) "Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan, (N) "Periodic Payment means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. ER,- GIRL) W008 Ms ant = atd Form 3010 1/01 CVF 11/12/07 8:20 AM 6447014694 Instrument# 2007006982, Page 3 of 17 ———,—_ (O) “RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Port 3500), as they might be amended from time to time, or any additional or successor 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 as “federally selated mortgage Joan" under RESPA. (P) "Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, ‘extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following described property located in the of GILCHRIST : (Type of Recording Jurisdiction} {Nome of Recording Jurisdiction) "LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.” Parcel ID Num ber: 23031600000001006 which currently has the address of 3009 SOUTHEAST BOTH AVENUE {Street} NEWBERRY {City}, Florida 32669. {Zip Code) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixturea now or hereafter a part of the property. All replacements and additions shall also be covered by thi Security Instrument. All of the foregoing is referred to in this Security Instrument es the “Property,” ED,-GIFL) 100% nian 4 tad Pons2 ot 18 Form 3010 1/01 EVEL 1179/07 8:20 MM SAaTO ABSA Instrument# 2007006982, Page 4 of 17 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to! mortgege, 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 Ps ‘ty against all claims and demands, subject to any encumbrances of record. 'Y INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real prc rty, IRM COVENA! ‘Borrower and Lender covenant and agree as follows 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and Jate charges due under the Note. Borrower shal also pay fi for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shal! be made in US. currency. However, if sny check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require thet eny or all subsequent payments due under the Note end this Securit Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (1 b} money 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 ugency, instrumentality, or entity; or (d) Hlectronic Funds Transfer. Payments ere deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or part payments are insufficient to bring the Loan current. snder may accept ‘any payment or yment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to rights to 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 Pe: lic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds, Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do 80 within « reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future inst Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and egreements secured by this Security Instrument, 2. Application of Payments or Proceeds, Except otherwise described in this Section 2, all payments accepted and applied by Lender shall be aj ied in the following order of prio: {e) interest due under the Note; (b) principal due under # Note; (c) amounts due under Section 3. Such ents shall be applied to each Periodic Payment in the order in which it became due. Any rem ing amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient cmount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be ip,-BIFL) 0005) nee at ae Form 3010 1/01 VFL 19/13/07 8:20 AM 6447014694 a Instrument# 2007006982, Page 5 of 17 applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of smounts due for: taxes a ‘assesaments and other items which can attain priority over this Security Instrument as @ lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property any; (c) premiums for any and all insurance required under Section 5; and (d) Mortgage Insurance premiums, if any, of y sums payable by Borrower to Lender in licu of the payment of Mortgage Insurance premiu: in accordance with the provisions of Section 10. These items are called "Escrow Items.” At origination or at sny time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shell be an Escrow Item. Borrower shell promptly furnish to Lender all notices of emounts to be paid under this Section. Borrower shell pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items, Lender may waive Borrower's obligetion to pay to Lender Funds for any or all Escrow Itemsat any time. Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when end where payable, the amounts due for any Escrow Items for which payment of Funds hes been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to meke such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreament conteined in this Security Instrument, es the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount end Borrower shall then be obligated under Section 9 to repay to Lender sny such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by « notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3, nder may, at any time, collect and hold Funds in an amount (a) 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 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 Le The Funds shall be held in an institut whose deposits are insured by a federal sgency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to psy the Escrow Ttems no Inter than the time specified under RESPA, Lender shall not charge Borrower for holding and 6 lying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless der ys Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Inless 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 sgree in writing, however, that interest shal} be paid on the Fonds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as requiredby RESPA. ER-BIFL 1008 sonia Baad pene 5 ot a8 Form 3010 1/01 VFL 11/13/07 8:20 AM 5947014654 — __ — Instrument# 2007006982, Page 6 of 17 If there is » surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there 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 up the shortage in accordance with A, but in no more than 12 monthly payments. If there is 8 deficiency 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 up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of al! sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, 4. Charges; Liens. Borrower shall pay al] taxes, assesaments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the eytent that these items are Escrow Items, Borrower shal! pay them in the manner provided in Section 3. 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 the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good Iaith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; 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 can attain priority over this Security Instrument, Lender may e rower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shell satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification andlor reporting service used by Lender in connection with this Loan, 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured inat Joss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for wt Lender requires insurance. Thit insurance shall be maintained in the amounts (inch deductible levels) and for the periods that Lender requires, What Lender requires pursuant to the ling sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, a connection with this Loan, either: (a) » one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determinstion a certification services and subsequent charges each time remi ings or similer chenges occur which reasonably might affect such determination or certification. Borrower shail also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance. coverage, st Lender's option and Borrower's expense, Lender is under no o! stion to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of init P,-GIFL} wooo) Payee or a8 Form 3010 1/01 CVFL 11/13/07 8:20 A GaaTOL4ESE Instrument# 2007006982, Page 7 of 17 the Property, ageinst aiy risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment, All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include standard mortgage clause, and chall name Lender es mortgagee andlor a8 an additional loss payee. Lender shall have the right to hold the policies and renewal certifi tes. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or es an additional toss payee. Jn the event of loss, Borrower shall give prompt notice to the inurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or r ir of the Property, if the restoration or repair is economically feasible and Lender security it not lessened. During such repair and restoration period, Lender shall have the right to hold auch insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's sotisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment a series of progress payments as the work is completed. Unless an ngreement is made in wi ing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be a5 jied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurence proceeds shall be applied in the order provided for in Section If Borrower abandons the Property, Lender may file, negotiste and settle any aveilable insurance claim and releted matters. If Borrower does not respond within 30 days to # notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle tho claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby a to Lender {a) Borrower's rights to any insurance proceeds in amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other thi right to any refund of unearned iums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable ta the coverage of the Property. Lender may use the insurance either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall Wve to accupy the Property as Borrower's principal residence for at least one year after the ED, - GFL) oon one Tate web Dad, Form 3010 1/01 CVFL 11/12/07 8:20 Aw Gea7014694 Instrument# 2007006982, Page 8 of 17 date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonsbly withheld, or unless ertenusting circumstances exist which are beyond Borrower's control. 7, Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impeir the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower ia residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition, Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnstion proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restorstion in a single payment or in a series of progress payments as ‘the work is completed. If the insurance or condemnati are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender mi inspect the interior of the improvements on the Property. Lender shell give Borrower notice st the time of or prior to such an interior inspection specifying such reasonable cause. 8, Borrower's Loan Application, Borrower shall be in default if, during the Loan application process, Borrower or eny persons or entities acting at the direction af Borrower or with Borrower's knowledge or consent gave mat ly false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with materia) information) in connection with the Loan. Materia! representations include, but are not limited to, representations concerning Borrower's occupancy of the Property es Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has ned the Property, then Lender may do and pay for whatever is reasonable or appropri to protect Lender's ‘interest in the Property and rights under this Security Instrument, including protecting andlor assessing the value of the Property, ind securing andlor repairing the Property. Lender's actions can include, but are not limited a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable tarneys' fees to protect its interest in the Property Vor rights under this Security Instrument, including its secured position in,a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make rep 3, change locks, replace or board up doors and windows, drain water" from pipes, eliminate building or other code vit jons or dangerous conditions, and have util jes turned on or off. Although Lender may take action under this Secti not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any emounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shell bear interest the Note rate sninern lad 2DA-EHL) 12008 Page ean ia Form 3010 1/01 VFL 11/13/07 8:20 AM 6447014690 Instrument# 2007006982, Page 9 of 17 from the date of disbursement and shal} be payable, with such interest, upon notice from Leader to Borrower requesting payment. If this Security Instrument is on s leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writi 10, Mortgage Insurance, If Lender required Mortga; Insurance as a condition of meking the Losn, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be aveilable from the mortga insurer that previously provided such insurance and Borrower was required to meke separately designated payments tor the premiums for Martga; Insurance, Borrower shall pay the smiums required to obtain coverage substantially equivalent to the Mortge; Insurance reviously in effect, at a cost substantially equivalent to the cost to Borrower of tl Mortga: Insurance previously in effect, from en alternate mortgage insurer sclected by Lender t substantially equivalent Mortgage Insurance coverage is not available, Borrower shell continue to pay to Lender the amount of the separately designated payments that were due when the insurance der will accept, use and retein these payments as a onefundetle 1 to be in effect. lass reserve in liev of Mortgage Insurance. Such loss reserve non‘refundable, notwithstanding the fact that the Ik be in is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provi ided by an insurer selected by Lender again becomes available, is obtained, and Lender requires sepa rately designated payments toward the premiums for Mortgage Insurance. If Lender requir: ed for rtgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments towerd the premiums for Mortgage Insurance, Borrower shall y the promivms required ta mi Mortgage Insurance in fect, or to, provide a non“refur ble loss reserve, until Lender's requirement for Mortgage Insurance ends in sccordance with any written agreement between Borrower and providing for such termination or unti) termi: ion is required by Applicable Lew. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided i the Note. Mortgage Insurance reimburses Lender (or any entity ‘that losses it may incur if Borrower does not repay the a8 8 pred Bo chases the Note) for certain . Borrower is not a party to the Mortgag e Insurance. rtgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other ies that shai 1 modify their risk, or reduce losses. agreements are.on terms and conditions thst are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. Feements may require the mortga; insurer to mi Payments using any source of funds that the mortgage insurer may have available