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Filing # 187964804 E-Filed 12/13/2023 02:39:34 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO. 2022 CA 003264
U.S. BANK NATIONAL ASSOCIATION AS LEGAL
TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE
TRUST,
Plaintiff,
vs.
NATTANIA P. BERNARD; ISOLYN GRINION;
CHARLES GRINION; UNKNOWN SPOUSE OF
CHARLES GRINION; ASSOCIATION OF
POINCIANA VILLAGES, INC.; POINCIANA
VILLAGE TWO ASSOCIATION, INC.; UNKNOWN
SPOUSE OF ISOLYN GRINION; UNKNOWN
SPOUSE OF NATTANIA P. BERNARD;
UNKNOWN TENANT NO. 1; UNKNOWN TENANT
NO. 2; and ALL UNKNOWN PARTIES CLAIMING
INTERESTS BY, THROUGH, UNDER OR AGAINST
A NAMED DEFENDANT TO THIS ACTION, OR.
HAVING OR CLAIMING TO HAVE ANY RIGHT,
TITLE OR INTEREST IN THE PROPERTY HEREIN
DESCRIBED,
Defendant(s).
/
PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR
TRUMAN 2016 SC6 TITLE TRUST (‘Plaintiff’), by and through undersigned counsel, and pursuant to
Fla. R. Civ. P. 1.190(a), hereby moves this Court to grant it leave to amend the Verified Complaint, and in
support thereof states;
1 Plaintiff seeks leave of Court to amend the Verified Complaint. A copy of the proposed
amendment is attached hereto as Exhibit “A.”
2 Pursuant to Rule 1.190(a), “[I]eave of court shall be given freely when just so requires.”
See Spradley v. Stick, 622 So. 2d 610 (Fla. Ist DCA 1993) (“[R]efusal to allow amendment of a pleading
constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice
the opposing party; the privilege to amend has been abused; or amendment would be futile.”).
3 Here, the Plaintiff seeks leave of Court to amend the Verified Complaint to plead the
existence of and attach copies of the loan modification agreements.
4 This is Plaintiff's first request for amendment.
5 Plaintiff brings this Motion in good faith and not for the purpose of delay. The granting of
this Motion shall not prejudice any defendant in this proceeding.
WHEREFORE, Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE
TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, respectfully request this Court grant its Motion to
Amend Verified Complaint, require all parties respond to the Amended Complaint within ten (10) days
pursuant to Fla. R. Civ. P. 1.190(a), and for any such further relief this Court deems proper and just.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular
U.S. Mail, Facsimile, or electronic mail this 13th. of _ December__ 2023 to all parties on the
attached service list. All parties for whom an e-mail address has not been designated or a mailing address
is not available are hereby notified that a copy of the served document may be obtained, on request, from
the clerk of the court or from the party serving the document.
By: ___
Greg H. Rosenthal
Florida Bar No.: 955884
Roy Diaz, Attorney of Record
Florida Bar No. 767700
Diaz Anselmo & Associates, P.A.
Attorneys for Plaintiff
499 NW 70th Ave., Suite 309
Fort Lauderdale, FL 33317
Telephone: (954) 564-0071
Service E-mail: answers@dallegal.com
1460-187983 / DL
SERVICE LIST
Case No. 2022 CA 003264
UNKNOWN TENANT NO. |
325 Aldershot Ct
Kissimmee, FL 34758
UNKNOWN TENANT NO. 2
325 Aldershot Ct
Kissimmee, FL 34758
ISOLYN GRINION
325 ALDERSHOT CT
KISSIMMEE, FL 34758
CHARLES GRINION
325 ALDERSHOT CT
KISSIMMEE, FL 34758
KATERYNA V. VYKHODETS, ESQ.
Attorney for NATTANIA P. BERNARD
7212 CURRY FORD ROAD, BUILDING 3
ORLANDO, FL 32822
Email Address: kate@tejeslaw.com
UNKNOWN SPOUSE OF NATTANIA P. BERNARD
325 Aldershot Ct
Kissimmee, FL 34758
ASSOCIATION OF POINCIANA VILLAGES, INC.
c/o MARK MALDONADO, R.A.
401 WALNUT ST
POINCIANA, FL 34759
POINCIANA VILLAGE TWO ASSOCIATION, INC.
c/o MARK MALDONADO, R.A.
401 WALNUT STREET
POINCIANA, FL 34759
EXHIBIT A
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA
COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO. 49-2022-CA-003264-MF
U.S. BANK NATIONAL ASSOCIATION AS
LEGAL TITLE TRUSTEE FOR TRUMAN 2016
8C6 TITLE TRUST,
Plaintiff,
vs.
NATTANIA P, BERNARD; [ISOLYN GRINION;
CHARLES GRINION; UNKNOWN SPOUSE OF
CHARLES GRINION; ASSOCIATION OF
POINCIANA VILLAGES, INC.; POINCIANA
VILLAGE TWO ASSOCIATION, INC;
UNKNOWN SPOUSE OF ISOLYN GRINION;
UNKNOWN SPOUSE OF NATTANIA P.
BERNARD; UNKNOWN TENANT NO. 1;
UNKNOWN TENANT NO. 2; and ALL
UNKNOWN PARTIES CLAIMING INTERESTS
BY, THROUGH, UNDER OR AGAINST A
NAMED DEFENDANT TO THIS ACTION, OR
HAVING OR CLAIMING TO HAVE ANY
RIGHT, TITLE OR INTEREST IN THE
PROPERTY HEREIN DESCRIBED,
Defendant(s).
VERIFIED AMENDED COMPLAINT FOR MORTGAGE FORECLOSURE
Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR
TRUMAN 2016 SC6 TITLE TRUST (“Plaintiff”), by and through undersigned counsel hereby
sues the following defendants, NATTANIA P. BERNARD; ISOLYN GRINION, CHARLES
GRINION; UNKNOWN SPOUSE OF CHARLES GRINION; ASSOCIATION OF POINCIANA
VILLAGES, INC.; POINCIANA VILLAGE TWO ASSOCIATION, INC.; UNKNOWN
SPOUSE OF ISOLYN GRINION; UNKNOWN SPOUSE OF NATTANIA P. BERNARD;
UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2 and ALL UNKNOWN PARTIES
CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT
TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OF
INTEREST IN THE PROPERTY HEREIN DESCRIBED, and hereby alleges:
JURISDICTION, VENUE AND PARTIES
1 JURISDICTION: This is an in rem action for equitable relief which claims are
within the subject matter jurisdiction of this Court.
2. VENUE: This action involves parties and property located within the venue of this
Court, and venue is otherwise proper pursuant to Fla. Stat. §47.011.
3 PARTIES: All parties to this action are properly before this Court, and this Court
has personal jurisdiction over the parties.
FACTS COMMON TO ALL COUNTS
4 ORIGINATION OF LOAN: On January 4, 2007, borrower(s), ISOLYN
GRINION, executed and delivered a promissory note (“Note”) in the amount of $288,000.00, in
favor of US MORTGAGE OF FLORIDA (“Originating Lender”). Exhibit “A.” The Note was
secured by a mortgage (“Mortgage”) in favor of the Originating Lender, executed by the
borrower(s), ISOLYN GRINION AND CHARLES GRINION, which was recorded in Official
Records Book 3389, Page 685 of the public records of Osceola County, Florida. Exhibit “B.”
5 PROPERTY: The Mortgage secures a first lien on the property described in the
mortgage, located at 325 Aldershot Ct, Kissimmee, FL 34758 (“Property”). Exhibit “B,”
6 LOAN MODIFICATION: The Note and Mortgage were last modified on February
1, 2020. Composite Exhibit "C."
7 TRANSFER OF LOAN: The Note and Mortgage have transferred to the Plaintiff.
8 SERVICER: Plaintiff has authorized Nationstar Mortgage LLC to act as the
attorney-in-fact for the subject Note and Mortgage and bring this action on its behalf.
9 ENTITLED TO ENFORCE: Plaintiff holds the Note, which is indorsed in blank
either directly, or through its servicer and counsel, pursuant to the Note Certification attached
herein. Exhibit "A." Plaintiff is entitled to enforce the Note.
10, OWNER OF THE PROPERTY: Defendant(s), CHARLES GRINION and
ISOLYN GRINION AND NATTANIA P. BERNARD, own(s) the Property as of the filing of this
action.
ll. DEFAULT & ACCELERATION; Plaintiff has not been paid the payment due May
1, 2022, and all subsequent payments thereafter. Due to the non-payment, the Note and Mortgage
are in default, as modified, and through the filing of this action the Plaintiff declares the full amount
due under the Note and Mortgage to be accelerated.
12. AMOUNT DUE: Plaintiff is owed $278,161.21 in principal under the Note and
Mortgage, as modified, plus interest on said amount from April 1, 2022, together with deferred
principal of $57,500.00 which is non-interest bearing, together with costs, advances and expenses
as provided in the Note and Mortgage.
13. CONDITIONS PRECEDENT: All conditions precedent to the filing of this action
have been met by the Plaintiff.
14, ATTORNEY'S FEES: Plaintiff has retained the undersigned counsel and has
obligated itself to pay a reasonable fee for their services herein and is entitled to recover said fees
pursuant to the terms of the Note and Mortgage.
COUNTI
MORTGAGE FORECLOSURE
Plaintiff realleges paragraphs | through 14 herein above and incorporates the same herein
reference,
15. NATURE OF CLAIM: This is an in rem action for mortgage foreclosure against
all defendants named herein on the Property.
16. EXISTENCE OF OBLIGATION: The borrower(s) executed the subject Note and
Mortgage attached hereto, which obligated the borrower(s) to make installment payments to the
Plaintiff.
17. BREACH OF OBLIGATION: The terms of subject Note and Mortgage, as
modified, have been breached by the borrower(s) for failure to pay the installment payment of May
1, 2022, and all subsequent payments thereafter.
18. ENTITLED TO FORECLOSURE: Due to the non-payment under the Note and
Mortgage, Plaintiff is entitled to foreclose its security interest in the Property.
19, INFERIOR CLAIMANTS: The following defendants may claim an interest in or
a lien upon the subject property, which interest is inferior to the Plaintiffs mortgage.
a. Defendant, ISOLYN GRINION, may claim an ownership interest in or lien upon the
subject property arising from a Quit-Claim Deed recorded in Official Records Book 5245, Page
2080, of the Public Records of Osceola County, Florida, which interest is inferior to Plaintiff's
mortgage.
b Defendant, CHARLES GRINION, may claim an ownership interest in or lien upon the
subject property arising from a Warranty Deed recorded in Official Records Book 3389, Page 684,
of the Public Records of Osceola County, Florida, which interest is inferior to Plaintiff's mortgage.
Cc. Defendant, NATTANIA P, BERNARD, may claim an ownership interest in or lien upon
the subject property arising from a Quit-Claim Deed recorded in Official Records Book 5245, Page
2080, of the Public Records of Osceola County, Florida, which interest is inferior to Plaintiff's
mortgage.
d Defendant, UNKNOWN SPOUSE OF NATTANIA P. BERNARD, may claim a right of
redemption or other homestead interest in the subject property. This interest, if any, is inferior to
Plaintiff's mortgage.
€. Defendant, ASSOCIATION OF POINCIANA VILLAGES, INC., may claim some interest
in the subject property arising from unpaid assessments. This interest, if any, is inferior to
Plaintiff's mortgage.
f. Defendant, POINCIANA VILLAGE TWO ASSOCIATION, INC., may
claim some interest in the subject property arising from unpaid assessments. This interest, if any,
is inferior to Plaintiffs mortgage.
8g Defendants, UNKNOWN TENANT NO. | and UNKNOWN TENANT
NO. 2, fictitious names representing tenants in possession, may claim some interest in the property
that is the subject of this foreclosure action by virtue of being in actual possession of same, but
any interest said Defendants may claim in the subject property, if any, is subject and inferior to the
lien of Plaintiff's mortgage.
h Defendants, ALL UNKNOWN PARTIES CLAIMING INTERESTS BY,
THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR
HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE
PROPERTY HEREIN DESCRIBED, imay be interested in the subject matter of this action as
unknown spouses, tenants, heirs, devisees, grantees, assignees, lienors, creditors, trustees or other
claimants by, through, under or against a known person who is dead or not known to be dead or
alive or by virtue of any interest in or claim to the property which is the subject of this action or
otherwise as the case may be. These interests, if any, are inferior to Plaintiff's mortgage.
WHEREFORE, Plaintiff, US. BANK NATIONAL ASSOCIATION AS LEGAL TITLE
TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, respectfiilly request that this Court take
jurisdiction over this matter, enter a judgment; (a) ascertaining and determining the sums of money
due and payable to the Plaintiff, that the sum of money found to be due as aforesaid be decreed by
this Court to bea lien upon the property described herein; (b) that such lien be foreclosed; that this
decree that the lien of the Plaintiff to be superior to any and all parties named herein through or
under them since the institution of this suit; (c) that title or interest of the Defendants named herein
are forever barred and foreclosed; (d) and that this Court grant any further relief it deems
proper, just and reserve jurisdiction to the extent permitted by applicable Bankruptcy and State
Law.
Fla. R. Ciy, P. 1.115(e) VERIFICATION
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.
U.S. BANK NATIONAL ASSOCIATION AS
LEGAL TITLE TRUSTEE FOR TRUMAN
2016 SC6 TITLE TRUST, by Attorney-In-
B
Print Name: (WyAnlAlvarez
Title: Assistant Secretary
Date: 12/7/2023
By:
Greg H. Rosenthal
Florida Bar No.: 955884
Roy Diaz, Attorney of Record
Florida Bar No. 767700
Diaz Anselmo & Associates, P.A.
Attorneys for Plaintiff
499 NW 70th Ave., Suite 309
Fort Lauderdale, FL 33317
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail: answers@dallegal.com
1460-187983 / PAL
EXHIBIT “A”
CERTIFICATION OF POSSESSION
REGARDING ORIGINAL PROMISSORY NOTE
The undersigned hereby certifies under penalty of perjury the following:
Jeter MSs
A den f
A é Aton ae
1 L am a(n) ey
at Diaz Anselmo & Associates, P.A., and give this certification based on my personal knowledge
regarding the subject loan.
2 Diaz Anselmo & Associates, P.A. is counsel for the Plaintiff, U.S. BANK
NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE
TRUST, regarding the loan executed by, ISOLYN GRINION, and the property located at 325
Aldershot Ct, Kissimmee, FL 34758
3 The original Promissory Note is located at Diaz Anselmo & Associates, P.A.’s
office, whose address is 499 NW 70th Ave., Suite 309, Fort Lauderdale, FL 33317
/ 2022 at (C's
4 I personally verified physical possession of the original Promissory Note on
oe] 3““Vamipm
5 A true and accurate copy of the original Promissory Note is attached to this
certification as Exhibit “A”, showing all endorsements, and allonges, if applicable. However, the
copy of the Promissory Note attached does retain redactions of the loan number.
Under penalties of perjury, I declare that I have read the foregoing Certification of
By
nd sate facts contained herein are true.
Possession Regarding Original Promissory Note and
wn
Executed on
poloif
§Ley , 2022
By: : /
Name
\
aX Mk / Oy
Title me a ot ate Abboaney
File No. 1460-187983
InterestFirst"™ ADJUSTABLE RATE NOTE
(One-Year LEBOR Index (As Published In The Wall Street Journal}
Rate Caps - 10 Year Interest Only Period)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR A CHANGE IN MY FIXED INTEREST RATE
TO AN ADJUSTABLE INTEREST RATE AND FOR CHANGES IN MY MONTHLY PAYMENT. THIS
NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE
TIME AND THE MAXIMUM RATE | MUST PAY.
January 4, 2007 Maitland FL
[Date] City} [State]
325 Aldershot Ct
Kissimmee, FL 34758
[Property Address]
1 BORROWER’S PROMISE TO PAY
In return for a loan that | have received, | promise to pay U.S. $ 288,000.00 (this amount is calied
“Principal"), plus interest, to the order of Lender. Lender is
Us Mortgage Of Florida
T will make all payments under this Note in the form of cash, check or money order.
Tunderstand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled
to receive payments under this Note is called the "Note Holder."
2 INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest at a
yearly rate of 7.875 %. The interest rate I will pay may change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate ] will pay both before and after any
default described in Section 7(B) of this Note.
3 PAYMENTS
(A) Time and Place of Payments
T will make a payment on the first day of every month, beginning on February Ist, 2007 - Before the
First Principal and Interest Payment Due Date as described in Section 4 of this Note, my payment will consist only of the
interest due on the unpaid principal balance of this Note. Thereafter, [ will pay principal and interest by making a payment
every month as provided below.
I will make my monthly payments of principal and interest beginning on the First Principal and Interest Payment Due
Date as described in Section 4 of this Note. I will make these payments every month until I have paid all of the principal and
interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of
its scheduled due date, and if the payment includes both principal and interest, it will be applied to interest before Principal.
If, on January 1, 2037 , I still owe amounts under this Note, I will pay those amounts in full on that
date, which is called the "Maturity Date."
1 will make my monthly payments at Us Mortgage Of Florida
4400 N Federal Highway, Suite 130, Boca Raton, FL 33431
or at a different place if required by the Note Holder.
MULTISTATE InterestFirst ADJUSTABLE RATE NOTE - ONE-YEAR LIBOR INDEX - 10 Yr. Interest Only Period - Single Family - Fannie
Mae Uniform Instrument
Amended for Florida
GD 97 (9508) Forrn 3535 6/05
MP Mortgage Solutions, ine (8001521-729 1
Page 1 of 5 oe.
fnitiatss of
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $1,890.00 until the first Change
Date. After the first Change Date, my monthly payment will be in an amount sufficient to pay accrued interest, at the rate
determined as described in Section 4 of this Note until the First Principal and Interest Payment Due Date. On that date and
thereafter, my monthly payment will be in an amount sufficient to repay the principal and interest at the rate determined as
described in Section 4 of this Note in substantially equal installments by the Maturity Date. The Note Holder will notify me
prior to the date of changes in monthly payment.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I
must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in
accordance with Section 4 or 5 of this Note.
4 ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed
interest rate I will pay will change to an adjustable interest rate on the first day of
January, 2014 , and the adjustable interest rate [ will pay may change on that day every 12th month thereafter.
The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable
interest rate could change, is called a “Change Date."
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average
of interbank offered rates for one-year U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in
The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the
“Current Index.”
If the Index is no longer available, the Note Holder will choose a uew index that is based npon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
Two and one-quarter percentage points (2.250 %) to the Current Index. The Note Holder will
then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated
in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of my monthly payment. For payment adjustments occurring before
the First Principal and Interest Payment Due Date, the amount of my monthly payment will be sufficient to repay all accrued.
interest each month on the unpaid principal balance at the new interest rate. If | make a voluntary payment of principal
before the First Principal and Interest Payment Due Date, my payment amount for subsequent payments will be reduced to
the amount necessary to repay all accrued interest on the reduced principal balance at the current interest rate. For payment
adjustments occurring on or after the First Principal and Interest Payment Due Date, the amount of my monthly payment
will be sufficient to repay unpaid principal and interest that I am expected to owe in full on the Maturity Date at the current
interest rate in substantially equal payments.
@) Limits on Interest Rate Changes
The interest rate [ am required to pay at the first Change Date will not be greater than 12.875 % or less
than 2.875 %. Thereafter, my adjustable interest rate will never be increased or decreased on any
single Change Date by more than two percentage points from the rate of interest 1 have been paying for the preceding 12
months. My interest rate will never be greater than 12.875 %
() Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again.
(F) Notice of Changes :
Before the effective date of any change in my interest rate and/or monthly payment, the Note Holder will deliver or
mail to me a notice of such change. The notice will include information required by law to be given to me and also the title
and telephone number of a person who will answer any question I may have regarding the notice.
(G) Date of First Principal and Interest Payment
The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest
Payment Due Date”) shall be that date which is the 10th anniversary date of the first payment due date, as reflected in
Section 3(A) of the Note.
a Form 3635 6/05
ee QINIFL) 10508) Page 2 of 5 tonite LCF
5§ BORROWER’S RIGHT TO PREPAY
[have the right to make payments of Principal at any time before they are due. A payment of Principal only is known
as a "Prepayment." When | make a Prepayment, [ will tell the Note Holder in writing that [ am doing so. [ may not
designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note.
T may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use
my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date of my monthly
payment unless the Note Holder agrees in writing to those changes. [f the partial Prepayment is made during the period
when my monthly payments consist only of interest, the amount of the monthly payment will decrease for the remainder of
the term when my payments consist only of interest. If the partial Prepayment is made during the period when my payments
consist of principal and interest, my partial Prepayment may reduce the amount of my monthly payments after the first
Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an
interest rate increase.
6 LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund
by reducing the Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the
reduction will be treated as a partial Prepayment.
7. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days
after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %
of my overdue payment of interest, during the period when my payment is interest only, and of principal and interest
thereafter. I will pay this late charge promptly but only once on each late payment.
(B) Default
If Edo not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by
acertain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and
all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to
me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder’s Costs and Expenses
If the Note Holder has required me to pay immediately in full - escribed above, the Note Holder will have the right
to be paid back by me for all of its costs and expenses in enforcing thi Note to the extent not prohibited by applicable law.
Those expenses include, for example, reasonable attorneys’ fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if T give the
Note Holder a notice of my different addre:
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note
will be given by mailing it by first c! mail to the Note Holder at the address stated in Section 3(A) above or at a different
address if | am given a notice of that different address.
9 OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made
in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this
Note is also obligated to do these things. Any person who takes over these ob! ligations. including the obligations of a
guarantor, surety or endorser of this Note, Iso obligated to keep all of the promise made in this Note. The Note Holder
may enforce its rights under this Note ag st each person individually or against all of us together. This means that any one
of us may be required to pay all of the amounts owed under this Note.
1742560594
Form 3535 6/05
ep Q7NIFL) 195081 Page
3 of 5 fitials see 4d
10. WATVERS
and aay other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor" means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
li. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. fn addition to the protections given to
the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the same
date as this Note, protects the Note Holder from possible losses that might result if 1 do not keep the promises that 1 make in
this Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment
in full of all amounts | owe under this Note. Some of those conditions read as follows:
(A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above,
Uniform Covenant 18 of the Security Instrument shall read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the
Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the
intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written conseut,
Lender may require immediate payment in full of all sums secured by this Security Instrament. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
(B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above,
Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and
Uniform Covenant 18 of the Security Instrument shall instead read as follows:
‘Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the
intent of which is the transfer of title by Borrower at a future date to a purchaser.
Tf all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not
exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate
the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines
that Lender’s security will not be impaired by the [oan assumption and that the risk of a breach of any covenant or
agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition ‘to Lender’s
consent to the loan assumption. Lender also may require the transferee to sign an imption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note
and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security
Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require inuvediate payment in full, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not fess than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If
Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by this Security Instrument without further notice or demand on Borrower.
a Form 3535 6108,
GB S7NIFL) i506) Page
4 of S Initiate:
12. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
"
\
(Seal) jad de ( eet A (Seal)
~Rorrower Isolyn Grinion ~Borrower
{Seal} (Seal)
Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower Borrower
{Sign Original Only]
Pay to the Order of JPMorgan Chase Bank, N.A.
ithout Recourse
By JPMorgan Chase Bank, N.A.
Attoy tn Fact for, Ad fe Lt 4 Hovidke
WY?) sxt—v C
By ihr aan 9 cA
Authorite /Assista ecratary
Pegqy mole R~ Pay to the Order of:
Without Recourse
JPMorgan Chase Bank, NA
ae
Raia C jay/Viee President
romen 405061 Page Sat 5 Form 3535 6/05
EXHIBIT “B”
PREPARED BY AND RETURN TO:
FIRST SOUTHWESTERN TITLE COMPANY OF FLORIDA
IAA
meals IN WAY STE 200, MAITLAND, FL 32751
M. BENNET
CFN 2007013251
Rew Tp / Bk 03389 Pas 0685 - 7073 (23p3s)
JPMorgan Chase Custody Services DATE? 01/23/2007 02:03:11 PH
P.O. Box 8000 LARRY WHALEY» CLERK OF COURT
OSCEOLA COUNTY
Monroe, LA 71211 RECORDING FEES 197.00
MTG DOC 11008.0!
INTANGIBLE 376.00
This document was prepared by
{Space Above This Line For Recording Data]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are detined 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
@) "Security Instrument" means this document, which is dated January 4, 2007
together with all i to this document.
(B) "Borrower"
Isolyn Grinion. _ CHARLES GRINION, WIFE AND HUSBAND
Borrower is the mortgagor under this Security Instrument
(©) "Lender" is
Us Mortgage Of Florida
Lender is a corporation
organized and existing under the laws of Florida
aFLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
GZ -GIFL) 100081.01
Page 1 of 16 wivas C07 LG
VMP MORTGAGE FORMS - (300)521-7291
Book3389/Page685 CFN#2007013251 Page 1 of 23
Lender’s address is
4400 N Federal Highway, Suite 130, Boca Raton, FL 33431
Lender is the mort ee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and datedJanuary 4, 2007
The Note states that Borrower owes Lender
Two hundred eighty-eight thousand and 00/100 Dollars
(U.S. $ 288,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than January 1, 2037
(E) "Property" means the property that is described below under the heading “Transfer of Rights in the
Property."
(® "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 applicable]
Od Adjustable Rate Rider (J Condominium Rider [_] Second Home Rider
Balloon Rider Planned Unit Development Rider CJ 1-4 Family Rider
VA Rider CO Biweekly Payment Rider Other(s) [specify]
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final.
non-appealable judicial opinions.
(D "Community Association Dues, Fees, and Assessments" means all dues, fees. ments and other
charges that are imposed on Borrower or the Property by a condominium ass ion, homeowners
association or ilar Organization.
() "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is in ated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, i truct, or authorize a financial institution to debit
or credit an account. Such term ncludes, but is not limited to, point-of-sale trans ‘Ss, 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 damage: or proceeds paid
by any third party (other than insurance proceeds paid 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; (1 conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or 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 }) any amounts under Section 3 of this Security Instrument
wits G>T G
GZBD -GIFL) 0051.01 Page2 of 16 Form 3010 1/01
Book3389/Page686 CFN#2007013251 Page 2 of 23
(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. Part 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 a "federally related mortgage
loan" 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
Preview
Filing # 187964804 E-Filed 12/13/2023 02:39:34 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA. CIVIL DIVISION CASE NO. 2022 CA 003264 U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, Plaintiff, vs. NATTANIA P. BERNARD; ISOLYN GRINION; CHARLES GRINION; UNKNOWN SPOUSE OF CHARLES GRINION; ASSOCIATION OF POINCIANA VILLAGES, INC.; POINCIANA VILLAGE TWO ASSOCIATION, INC.; UNKNOWN SPOUSE OF ISOLYN GRINION; UNKNOWN SPOUSE OF NATTANIA P. BERNARD; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR. HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendant(s). / PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST (‘Plaintiff’), by and through undersigned counsel, and pursuant to Fla. R. Civ. P. 1.190(a), hereby moves this Court to grant it leave to amend the Verified Complaint, and in support thereof states; 1 Plaintiff seeks leave of Court to amend the Verified Complaint. A copy of the proposed amendment is attached hereto as Exhibit “A.” 2 Pursuant to Rule 1.190(a), “[I]eave of court shall be given freely when just so requires.” See Spradley v. Stick, 622 So. 2d 610 (Fla. Ist DCA 1993) (“[R]efusal to allow amendment of a pleading constitutes an abuse of discretion unless it clearly appears that allowing the amendment would prejudice the opposing party; the privilege to amend has been abused; or amendment would be futile.”). 3 Here, the Plaintiff seeks leave of Court to amend the Verified Complaint to plead the existence of and attach copies of the loan modification agreements. 4 This is Plaintiff's first request for amendment. 5 Plaintiff brings this Motion in good faith and not for the purpose of delay. The granting of this Motion shall not prejudice any defendant in this proceeding. WHEREFORE, Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, respectfully request this Court grant its Motion to Amend Verified Complaint, require all parties respond to the Amended Complaint within ten (10) days pursuant to Fla. R. Civ. P. 1.190(a), and for any such further relief this Court deems proper and just. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular U.S. Mail, Facsimile, or electronic mail this 13th. of _ December__ 2023 to all parties on the attached service list. All parties for whom an e-mail address has not been designated or a mailing address is not available are hereby notified that a copy of the served document may be obtained, on request, from the clerk of the court or from the party serving the document. By: ___ Greg H. Rosenthal Florida Bar No.: 955884 Roy Diaz, Attorney of Record Florida Bar No. 767700 Diaz Anselmo & Associates, P.A. Attorneys for Plaintiff 499 NW 70th Ave., Suite 309 Fort Lauderdale, FL 33317 Telephone: (954) 564-0071 Service E-mail: answers@dallegal.com 1460-187983 / DL SERVICE LIST Case No. 2022 CA 003264 UNKNOWN TENANT NO. | 325 Aldershot Ct Kissimmee, FL 34758 UNKNOWN TENANT NO. 2 325 Aldershot Ct Kissimmee, FL 34758 ISOLYN GRINION 325 ALDERSHOT CT KISSIMMEE, FL 34758 CHARLES GRINION 325 ALDERSHOT CT KISSIMMEE, FL 34758 KATERYNA V. VYKHODETS, ESQ. Attorney for NATTANIA P. BERNARD 7212 CURRY FORD ROAD, BUILDING 3 ORLANDO, FL 32822 Email Address: kate@tejeslaw.com UNKNOWN SPOUSE OF NATTANIA P. BERNARD 325 Aldershot Ct Kissimmee, FL 34758 ASSOCIATION OF POINCIANA VILLAGES, INC. c/o MARK MALDONADO, R.A. 401 WALNUT ST POINCIANA, FL 34759 POINCIANA VILLAGE TWO ASSOCIATION, INC. c/o MARK MALDONADO, R.A. 401 WALNUT STREET POINCIANA, FL 34759 EXHIBIT A IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA. CIVIL DIVISION CASE NO. 49-2022-CA-003264-MF U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 8C6 TITLE TRUST, Plaintiff, vs. NATTANIA P, BERNARD; [ISOLYN GRINION; CHARLES GRINION; UNKNOWN SPOUSE OF CHARLES GRINION; ASSOCIATION OF POINCIANA VILLAGES, INC.; POINCIANA VILLAGE TWO ASSOCIATION, INC; UNKNOWN SPOUSE OF ISOLYN GRINION; UNKNOWN SPOUSE OF NATTANIA P. BERNARD; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendant(s). VERIFIED AMENDED COMPLAINT FOR MORTGAGE FORECLOSURE Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST (“Plaintiff”), by and through undersigned counsel hereby sues the following defendants, NATTANIA P. BERNARD; ISOLYN GRINION, CHARLES GRINION; UNKNOWN SPOUSE OF CHARLES GRINION; ASSOCIATION OF POINCIANA VILLAGES, INC.; POINCIANA VILLAGE TWO ASSOCIATION, INC.; UNKNOWN SPOUSE OF ISOLYN GRINION; UNKNOWN SPOUSE OF NATTANIA P. BERNARD; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2 and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OF INTEREST IN THE PROPERTY HEREIN DESCRIBED, and hereby alleges: JURISDICTION, VENUE AND PARTIES 1 JURISDICTION: This is an in rem action for equitable relief which claims are within the subject matter jurisdiction of this Court. 2. VENUE: This action involves parties and property located within the venue of this Court, and venue is otherwise proper pursuant to Fla. Stat. §47.011. 3 PARTIES: All parties to this action are properly before this Court, and this Court has personal jurisdiction over the parties. FACTS COMMON TO ALL COUNTS 4 ORIGINATION OF LOAN: On January 4, 2007, borrower(s), ISOLYN GRINION, executed and delivered a promissory note (“Note”) in the amount of $288,000.00, in favor of US MORTGAGE OF FLORIDA (“Originating Lender”). Exhibit “A.” The Note was secured by a mortgage (“Mortgage”) in favor of the Originating Lender, executed by the borrower(s), ISOLYN GRINION AND CHARLES GRINION, which was recorded in Official Records Book 3389, Page 685 of the public records of Osceola County, Florida. Exhibit “B.” 5 PROPERTY: The Mortgage secures a first lien on the property described in the mortgage, located at 325 Aldershot Ct, Kissimmee, FL 34758 (“Property”). Exhibit “B,” 6 LOAN MODIFICATION: The Note and Mortgage were last modified on February 1, 2020. Composite Exhibit "C." 7 TRANSFER OF LOAN: The Note and Mortgage have transferred to the Plaintiff. 8 SERVICER: Plaintiff has authorized Nationstar Mortgage LLC to act as the attorney-in-fact for the subject Note and Mortgage and bring this action on its behalf. 9 ENTITLED TO ENFORCE: Plaintiff holds the Note, which is indorsed in blank either directly, or through its servicer and counsel, pursuant to the Note Certification attached herein. Exhibit "A." Plaintiff is entitled to enforce the Note. 10, OWNER OF THE PROPERTY: Defendant(s), CHARLES GRINION and ISOLYN GRINION AND NATTANIA P. BERNARD, own(s) the Property as of the filing of this action. ll. DEFAULT & ACCELERATION; Plaintiff has not been paid the payment due May 1, 2022, and all subsequent payments thereafter. Due to the non-payment, the Note and Mortgage are in default, as modified, and through the filing of this action the Plaintiff declares the full amount due under the Note and Mortgage to be accelerated. 12. AMOUNT DUE: Plaintiff is owed $278,161.21 in principal under the Note and Mortgage, as modified, plus interest on said amount from April 1, 2022, together with deferred principal of $57,500.00 which is non-interest bearing, together with costs, advances and expenses as provided in the Note and Mortgage. 13. CONDITIONS PRECEDENT: All conditions precedent to the filing of this action have been met by the Plaintiff. 14, ATTORNEY'S FEES: Plaintiff has retained the undersigned counsel and has obligated itself to pay a reasonable fee for their services herein and is entitled to recover said fees pursuant to the terms of the Note and Mortgage. COUNTI MORTGAGE FORECLOSURE Plaintiff realleges paragraphs | through 14 herein above and incorporates the same herein reference, 15. NATURE OF CLAIM: This is an in rem action for mortgage foreclosure against all defendants named herein on the Property. 16. EXISTENCE OF OBLIGATION: The borrower(s) executed the subject Note and Mortgage attached hereto, which obligated the borrower(s) to make installment payments to the Plaintiff. 17. BREACH OF OBLIGATION: The terms of subject Note and Mortgage, as modified, have been breached by the borrower(s) for failure to pay the installment payment of May 1, 2022, and all subsequent payments thereafter. 18. ENTITLED TO FORECLOSURE: Due to the non-payment under the Note and Mortgage, Plaintiff is entitled to foreclose its security interest in the Property. 19, INFERIOR CLAIMANTS: The following defendants may claim an interest in or a lien upon the subject property, which interest is inferior to the Plaintiffs mortgage. a. Defendant, ISOLYN GRINION, may claim an ownership interest in or lien upon the subject property arising from a Quit-Claim Deed recorded in Official Records Book 5245, Page 2080, of the Public Records of Osceola County, Florida, which interest is inferior to Plaintiff's mortgage. b Defendant, CHARLES GRINION, may claim an ownership interest in or lien upon the subject property arising from a Warranty Deed recorded in Official Records Book 3389, Page 684, of the Public Records of Osceola County, Florida, which interest is inferior to Plaintiff's mortgage. Cc. Defendant, NATTANIA P, BERNARD, may claim an ownership interest in or lien upon the subject property arising from a Quit-Claim Deed recorded in Official Records Book 5245, Page 2080, of the Public Records of Osceola County, Florida, which interest is inferior to Plaintiff's mortgage. d Defendant, UNKNOWN SPOUSE OF NATTANIA P. BERNARD, may claim a right of redemption or other homestead interest in the subject property. This interest, if any, is inferior to Plaintiff's mortgage. €. Defendant, ASSOCIATION OF POINCIANA VILLAGES, INC., may claim some interest in the subject property arising from unpaid assessments. This interest, if any, is inferior to Plaintiff's mortgage. f. Defendant, POINCIANA VILLAGE TWO ASSOCIATION, INC., may claim some interest in the subject property arising from unpaid assessments. This interest, if any, is inferior to Plaintiffs mortgage. 8g Defendants, UNKNOWN TENANT NO. | and UNKNOWN TENANT NO. 2, fictitious names representing tenants in possession, may claim some interest in the property that is the subject of this foreclosure action by virtue of being in actual possession of same, but any interest said Defendants may claim in the subject property, if any, is subject and inferior to the lien of Plaintiff's mortgage. h Defendants, ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, imay be interested in the subject matter of this action as unknown spouses, tenants, heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants by, through, under or against a known person who is dead or not known to be dead or alive or by virtue of any interest in or claim to the property which is the subject of this action or otherwise as the case may be. These interests, if any, are inferior to Plaintiff's mortgage. WHEREFORE, Plaintiff, US. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, respectfiilly request that this Court take jurisdiction over this matter, enter a judgment; (a) ascertaining and determining the sums of money due and payable to the Plaintiff, that the sum of money found to be due as aforesaid be decreed by this Court to bea lien upon the property described herein; (b) that such lien be foreclosed; that this decree that the lien of the Plaintiff to be superior to any and all parties named herein through or under them since the institution of this suit; (c) that title or interest of the Defendants named herein are forever barred and foreclosed; (d) and that this Court grant any further relief it deems proper, just and reserve jurisdiction to the extent permitted by applicable Bankruptcy and State Law. Fla. R. Ciy, P. 1.115(e) VERIFICATION 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. U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, by Attorney-In- B Print Name: (WyAnlAlvarez Title: Assistant Secretary Date: 12/7/2023 By: Greg H. Rosenthal Florida Bar No.: 955884 Roy Diaz, Attorney of Record Florida Bar No. 767700 Diaz Anselmo & Associates, P.A. Attorneys for Plaintiff 499 NW 70th Ave., Suite 309 Fort Lauderdale, FL 33317 Telephone: (954) 564-0071 Facsimile: (954) 564-9252 Service E-mail: answers@dallegal.com 1460-187983 / PAL EXHIBIT “A” CERTIFICATION OF POSSESSION REGARDING ORIGINAL PROMISSORY NOTE The undersigned hereby certifies under penalty of perjury the following: Jeter MSs A den f A é Aton ae 1 L am a(n) ey at Diaz Anselmo & Associates, P.A., and give this certification based on my personal knowledge regarding the subject loan. 2 Diaz Anselmo & Associates, P.A. is counsel for the Plaintiff, U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, regarding the loan executed by, ISOLYN GRINION, and the property located at 325 Aldershot Ct, Kissimmee, FL 34758 3 The original Promissory Note is located at Diaz Anselmo & Associates, P.A.’s office, whose address is 499 NW 70th Ave., Suite 309, Fort Lauderdale, FL 33317 / 2022 at (C's 4 I personally verified physical possession of the original Promissory Note on oe] 3““Vamipm 5 A true and accurate copy of the original Promissory Note is attached to this certification as Exhibit “A”, showing all endorsements, and allonges, if applicable. However, the copy of the Promissory Note attached does retain redactions of the loan number. Under penalties of perjury, I declare that I have read the foregoing Certification of By nd sate facts contained herein are true. Possession Regarding Original Promissory Note and wn Executed on poloif §Ley , 2022 By: : / Name \ aX Mk / Oy Title me a ot ate Abboaney File No. 1460-187983 InterestFirst"™ ADJUSTABLE RATE NOTE (One-Year LEBOR Index (As Published In The Wall Street Journal} Rate Caps - 10 Year Interest Only Period) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE AND FOR CHANGES IN MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE | MUST PAY. January 4, 2007 Maitland FL [Date] City} [State] 325 Aldershot Ct Kissimmee, FL 34758 [Property Address] 1 BORROWER’S PROMISE TO PAY In return for a loan that | have received, | promise to pay U.S. $ 288,000.00 (this amount is calied “Principal"), plus interest, to the order of Lender. Lender is Us Mortgage Of Florida T will make all payments under this Note in the form of cash, check or money order. Tunderstand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2 INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest at a yearly rate of 7.875 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate ] will pay both before and after any default described in Section 7(B) of this Note. 3 PAYMENTS (A) Time and Place of Payments T will make a payment on the first day of every month, beginning on February Ist, 2007 - Before the First Principal and Interest Payment Due Date as described in Section 4 of this Note, my payment will consist only of the interest due on the unpaid principal balance of this Note. Thereafter, [ will pay principal and interest by making a payment every month as provided below. I will make my monthly payments of principal and interest beginning on the First Principal and Interest Payment Due Date as described in Section 4 of this Note. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest, it will be applied to interest before Principal. If, on January 1, 2037 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." 1 will make my monthly payments at Us Mortgage Of Florida 4400 N Federal Highway, Suite 130, Boca Raton, FL 33431 or at a different place if required by the Note Holder. MULTISTATE InterestFirst ADJUSTABLE RATE NOTE - ONE-YEAR LIBOR INDEX - 10 Yr. Interest Only Period - Single Family - Fannie Mae Uniform Instrument Amended for Florida GD 97 (9508) Forrn 3535 6/05 MP Mortgage Solutions, ine (8001521-729 1 Page 1 of 5 oe. fnitiatss of (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $1,890.00 until the first Change Date. After the first Change Date, my monthly payment will be in an amount sufficient to pay accrued interest, at the rate determined as described in Section 4 of this Note until the First Principal and Interest Payment Due Date. On that date and thereafter, my monthly payment will be in an amount sufficient to repay the principal and interest at the rate determined as described in Section 4 of this Note in substantially equal installments by the Maturity Date. The Note Holder will notify me prior to the date of changes in monthly payment. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 or 5 of this Note. 4 ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of January, 2014 , and the adjustable interest rate [ will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a “Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average of interbank offered rates for one-year U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the “Current Index.” If the Index is no longer available, the Note Holder will choose a uew index that is based npon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and one-quarter percentage points (2.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of my monthly payment. For payment adjustments occurring before the First Principal and Interest Payment Due Date, the amount of my monthly payment will be sufficient to repay all accrued. interest each month on the unpaid principal balance at the new interest rate. If | make a voluntary payment of principal before the First Principal and Interest Payment Due Date, my payment amount for subsequent payments will be reduced to the amount necessary to repay all accrued interest on the reduced principal balance at the current interest rate. For payment adjustments occurring on or after the First Principal and Interest Payment Due Date, the amount of my monthly payment will be sufficient to repay unpaid principal and interest that I am expected to owe in full on the Maturity Date at the current interest rate in substantially equal payments. @) Limits on Interest Rate Changes The interest rate [ am required to pay at the first Change Date will not be greater than 12.875 % or less than 2.875 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest 1 have been paying for the preceding 12 months. My interest rate will never be greater than 12.875 % () Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes : Before the effective date of any change in my interest rate and/or monthly payment, the Note Holder will deliver or mail to me a notice of such change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. (G) Date of First Principal and Interest Payment The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest Payment Due Date”) shall be that date which is the 10th anniversary date of the first payment due date, as reflected in Section 3(A) of the Note. a Form 3635 6/05 ee QINIFL) 10508) Page 2 of 5 tonite LCF 5§ BORROWER’S RIGHT TO PREPAY [have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When | make a Prepayment, [ will tell the Note Holder in writing that [ am doing so. [ may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note. T may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date of my monthly payment unless the Note Holder agrees in writing to those changes. [f the partial Prepayment is made during the period when my monthly payments consist only of interest, the amount of the monthly payment will decrease for the remainder of the term when my payments consist only of interest. If the partial Prepayment is made during the period when my payments consist of principal and interest, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6 LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of interest, during the period when my payment is interest only, and of principal and interest thereafter. I will pay this late charge promptly but only once on each late payment. (B) Default If Edo not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by acertain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder’s Costs and Expenses If the Note Holder has required me to pay immediately in full - escribed above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing thi Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if T give the Note Holder a notice of my different addre: Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first c! mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of that different address. 9 OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these ob! ligations. including the obligations of a guarantor, surety or endorser of this Note, Iso obligated to keep all of the promise made in this Note. The Note Holder may enforce its rights under this Note ag st each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 1742560594 Form 3535 6/05 ep Q7NIFL) 195081 Page 3 of 5 fitials see 4d 10. WATVERS and aay other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. li. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. fn addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if 1 do not keep the promises that 1 make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts | owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written conseut, Lender may require immediate payment in full of all sums secured by this Security Instrament. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: ‘Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. Tf all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender’s security will not be impaired by the [oan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition ‘to Lender’s consent to the loan assumption. Lender also may require the transferee to sign an imption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require inuvediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not fess than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. a Form 3535 6108, GB S7NIFL) i506) Page 4 of S Initiate: 12. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. " \ (Seal) jad de ( eet A (Seal) ~Rorrower Isolyn Grinion ~Borrower {Seal} (Seal) Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower Borrower {Sign Original Only] Pay to the Order of JPMorgan Chase Bank, N.A. ithout Recourse By JPMorgan Chase Bank, N.A. Attoy tn Fact for, Ad fe Lt 4 Hovidke WY?) sxt—v C By ihr aan 9 cA Authorite /Assista ecratary Pegqy mole R~ Pay to the Order of: Without Recourse JPMorgan Chase Bank, NA ae Raia C jay/Viee President romen 405061 Page Sat 5 Form 3535 6/05 EXHIBIT “B” PREPARED BY AND RETURN TO: FIRST SOUTHWESTERN TITLE COMPANY OF FLORIDA IAA meals IN WAY STE 200, MAITLAND, FL 32751 M. BENNET CFN 2007013251 Rew Tp / Bk 03389 Pas 0685 - 7073 (23p3s) JPMorgan Chase Custody Services DATE? 01/23/2007 02:03:11 PH P.O. Box 8000 LARRY WHALEY» CLERK OF COURT OSCEOLA COUNTY Monroe, LA 71211 RECORDING FEES 197.00 MTG DOC 11008.0! INTANGIBLE 376.00 This document was prepared by {Space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are detined 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 @) "Security Instrument" means this document, which is dated January 4, 2007 together with all i to this document. (B) "Borrower" Isolyn Grinion. _ CHARLES GRINION, WIFE AND HUSBAND Borrower is the mortgagor under this Security Instrument (©) "Lender" is Us Mortgage Of Florida Lender is a corporation organized and existing under the laws of Florida aFLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 GZ -GIFL) 100081.01 Page 1 of 16 wivas C07 LG VMP MORTGAGE FORMS - (300)521-7291 Book3389/Page685 CFN#2007013251 Page 1 of 23 Lender’s address is 4400 N Federal Highway, Suite 130, Boca Raton, FL 33431 Lender is the mort ee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and datedJanuary 4, 2007 The Note states that Borrower owes Lender Two hundred eighty-eight thousand and 00/100 Dollars (U.S. $ 288,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1, 2037 (E) "Property" means the property that is described below under the heading “Transfer of Rights in the Property." (® "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 applicable] Od Adjustable Rate Rider (J Condominium Rider [_] Second Home Rider Balloon Rider Planned Unit Development Rider CJ 1-4 Family Rider VA Rider CO Biweekly Payment Rider Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final. non-appealable judicial opinions. (D "Community Association Dues, Fees, and Assessments" means all dues, fees. ments and other charges that are imposed on Borrower or the Property by a condominium ass ion, homeowners association or ilar Organization. () "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is in ated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, i truct, or authorize a financial institution to debit or credit an account. Such term ncludes, but is not limited to, point-of-sale trans ‘Ss, 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 damage: or proceeds paid by any third party (other than insurance proceeds paid 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; (1 conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or 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 }) any amounts under Section 3 of this Security Instrument wits G>T G GZBD -GIFL) 0051.01 Page2 of 16 Form 3010 1/01 Book3389/Page686 CFN#2007013251 Page 2 of 23 (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. Part 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 a "federally related mortgage loan" 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