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Filing # MME E -Filed 06/23/2022 11:31:21 AM
IN THE CIRCUIT COURT OF THE 3RD
JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR HAMILTON COUNTY
CASE NO. 22000027CAAXMX
REVERSE MORTGAGE FUNDING LLC,
Plaintiff,
VS.
UNKNOWN SPOUSE, HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL OTHER
PARTIES CLAIMING AN INTEREST BY,
THROUGH, UNDER OR AGAINST THE
ESTATE OF SUDYE A. CAUTHEN A/K/A
SUDYE ALENE CAUTHEN, DECEASED,
et.al.
Defendants.
MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
COMES NOW PLAINTIFF, REVERSE MORTGAGE FUNDING LLC by and through
its undersigned attorney, and hereby moves this Court for leave to file an Amended Complaint and
in support thereof states that:
1 On or about 3/29/2022, Plaintiff filed this action to foreclose a mortgage on real
property.
2 One or more Defendants to this action have filed a responsive pleading to Plaintiff's
complaint.
3 Since the filing of the lawsuit, Plaintiff discovered additional parties that must be
joined as defendants to this action.
4 Plaintiff now seeks to amend the complaint to join JILL ANNIE BUNKER and
UNKNOWN SPOUSE OF JILL ANNIE BUNKER as additional defendants to this action.
5 Additionally, Plaintiff requests to drop UNKNOWN SPOUSE OF FRANK
MARTIN CELLON, UNKNOWN TENANT #1 and UNKNOWN TENANT #2 from this action.
6 The Rules provide that "leave of court shall be given freely when justice so
requires." Fla. R. Civ. P. RULE 1.190(a). As such, the plaintiff respectfully requests that the
Court grant this motion to amend, and direct clerk to file the attached Amended Complaint.
7
No party will be prejudiced by the granting of this Motion.
Electronical Filed Hamilton Case # 22000027CAAXMX 06/23/2022 11:31:21 AM
Firm File #58341.
WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff leave to file an
Amended Complaint, together with such further relief as the Court deems just and necessary.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served on the
21st day of June , 2022 to all parties on the below service list. Service was by email to
all parties not exempt from Rule 2.516 Fla. R. Jud. Admin. at the indicated email address on the
service list, and by U.S. mail to any other parties.
UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY,
THROUGH, UNDER OR AGAINST THE ESTATE OF SUDYE A. CAUTHEN A/K/A
SUDYE ALENE CAUTHEN, DECEASED
15295 SW 100" WAY
WHITE SPRINGS, FL 32096
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT
C/O UNITED STATES ATTORNEY
400 N. TAMPA ST, STE 3200
TAMPA, FL 33602
USAFLM.HUD@USDOJ.GOV
ASHLEY DANIELLE HUNT
UNKNOWN SPOUSE OF ASHLEY DANIELLE HUNT NKA KIRK LAUGHTER
116 YOCONA RIDGE RD
OXFORD, MS 38655
FRANK MARTIN CELLON
108 SUNSET STRIP DRIVE
HAWTHORNE, FL 32640
GREENSPOON MARDER LLP
TRADE CENTRE SOUTH, SUITE 700
100 WEST CYPRESS CREEK ROAD
FORT LAUDERDALE, FL 33309
Telephone: (954) 343 6273
Hearing Line: (888) 491-1120
Facsimile: (954) 343 6982
Email 1: Karissa.Chin-Duncan@gmlaw.com
Email 2: gmforeclosure@gmlaw.com
By:
Karissa Chin-Duncan, Esq.
Florida Bar No. 98472
Firm File # 58341.1300
IN THE CIRCUIT COURT OF THE 3RD
JUDICIAL CIRCUIT, IN AND FOR
HAMILTON COUNTY, FLORIDA
CASE NO. 22000027CAAXMX
REVERSE MORTGAGE FUNDING LLC
Plaintiff
vs.
UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES.
ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND
ALL OTHER PARTIES CLAIMING AN INTEREST BY,
THROUGH, UNDER OR AGAINST THE ESTATE OF
SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN,
DECEASED; UNITED STATES OF AMERICA ACTING
ON BEHALF OF THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT; ASHLEY DANIELLE HUNT:
UNKNOWN SPOUSE OF ASHLEY DANIELLE HUNT:
FRANK MARTIN CELLON; UNKNOWN SPOUSE OF
FRANK MARTIN CELLON; UNKNOWN TENANT #1
UNKNOWN TENANT #2,
Defendants.
/
AMENDED COMPLAINT FOR FORECLOSURE
Plaintiff, REVERSE MORTGAGE FUNDING LLC, sues Defendants, and alleges
MORTGAGE FORECLOSURE
1 This is an action to foreclose a reverse mortgage on real property located and situated
in HAMILTON County, Florida.
2. Plaintiff's counsel is in physical possession of the Note which is the subject of this
action. The Plaintiff, REVERSE MORTGAGE FUNDING LLC, is a non-holder in possession of the
Note who has the rights of a holder, and therefore, Plaintiff is entitled to enforce the Note.
3 On July 17, 2008, SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN,
DECEASED (“Borrower”) executed and delivered a Promissory Note (“Note”) and a Mortgage
(“Mortgage”) securing the payment of the Note. The Mortgage was recorded on August 4, 2008 in
Official Records Book 667 at Page 192 as assigned in Official Records Book 812, Page 257 and
Firm File # 58341.1300
further assigned in Official Records Book 880, Page 138 of the Public Records of HAMILTON
County, Florida, and mortgaged the property described in the mortgage then owned by and in
possession of the mortgagor(s). Copies of the Note and Mortgage are attached hereto and
incorporated herein as Composite Exhibit “A”.
4 On or about September 1, 2021, Borrower SUDYE A. CAUTHEN A/K/A SUDYE
ALENE CAUTHEN died, and the subject property is not the principal residence of any surviving
borrower,
5 Plaintiff declares the full amount to be due and payable pursuant to the note and
mortgage.
6 The property is now owned by Defendant(s), UNKNOWN SPOUSE, HEIRS,
DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL
OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE
ESTATE OF SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN, DECEASED.
7. Plaintiff is due at least $133,153.28 in principal, plus future advances,
8 All conditions precedent to the acceleration of the note and foreclosure of the
mortgage have occurred or have been performed, waived or excused.
9 Plaintiff has retained undersigned counsel to represent them and has agreed to pay
them a reasonable fee and costs for their services.
10, The interests of each Defendant named herein are subject, subordinate, and inferior to
the right, title, interest, and lien of Plaintiffs Mortgage.
Ik. Defendant, UNKNOWN SPOUSE OF ASHLEY DANIELLE HUNT NKA KIRK
LAUGHTER, may claim or have some interest in or lien or claim upon the property by virtue of an
unrecorded lease and/or his/her status as an unknown spouse in possession of the Property, but any
such interest, lien or claim is subject, subordinate and inferior to the right, title, interest and lien of
Plaintiff's mortgage herein sought to be foreclosed.
Firm File # 58341.1300
12. Defendant, UNKNOWN SPOUSE OF JILL ANNIE BUNKER, may claim or have
some interest in or lien or claim upon the property by virtue of an unrecorded lease and/or his/her
status as an unknown spouse in possession of the Property, but any such interest, lien or claim is
subject, subordinate and inferior to the right, title, interest and lien of Plaintiffs mortgage herein
sought to be foreclosed.
13, Defendant, UNITED STATES OF AMERICA ACTING ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN DEVELOPMENT was granted a mortgage recorded on
August 4, 2008 in Official Records Book 667, Page 201, Public Records of HAMILTON County,
Florida, which purports to encumber the aforesaid real property, but the lien thereof, if valid, is
junior, inferior and subordinate to the lien of Plaintiff's Mortgage.
16. As a potential heir of the deceased property owner, Defendant, ASHLEY
DANIELLE HUNT, may claim an interest in the property being foreclosed. Any such interest is
subordinate and inferior to the lien of the mortgage being foreclosed.
17. As a potential heir of the deceased property owner, Defendant, FRANK MARTIN
CELLON, may claim an interest in the property being foreclosed. Any such interest is subordinate
and inferior to the lien of the mortgage being foreclosed.
18. As a potential heir of the deceased property owner, Defendant, JILL ANNIE
BUNKER, may claim an interest in the property being foreclosed. Any such interest is subordinate
and inferior to the lien of the mortgage being foreclosed.
WHEREFORE, Plaintiff, REVERSE MORTGAGE FUNDING LLC, prays:
a) This Court take jurisdiction of this cause, the subject matter and the parties hereto,
b) The Court determine the amounts due to Plaintiff from Defendants and that such
amounts be declared a lien upon the subject property;
°) The Court enter a judgment foreclosing the mortgage lien, and, upon the Defendant’s
failure to pay the amounts due to Plaintiff by a date certain, that this Court order that said real
Firm File # 58341.1300
property be sold in accordance with the law and practice of this Court so that Plaintiff's mortgage
lien is satisfied,
qd) The Court determine that the Plaintiffs interest is superior to the rights, title and
interests of the Defendants named herein or any other person or party claiming by or through or
under them since the filing of the Lis Pendens and that the rights, title and interest of said Defendants
be absolutely barred and foreclosed,
°) This Court retain jurisdiction of this action to make any and all further orders and
judgments as justice requires, including but not limited to, the issuance of a writ of possession.
VERIFICATION OF COMPLAINT
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are
true and correct to the best of my knowledge and belief.
Executed on this Day oflN 16 20H,
Compu-Link Corporation DBA Celink as attorney in
fact fy VERSE MORTGAGE FUNDING LLC
By: LM
Caryn Edwards
Print Name:
Assistant Secretary
Title:
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was furnished by U.S. Mail/personal service to all parties
on June 21 » 2022.
UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS,
TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER
OR AGAINST THE ESTATE OF SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN,
DECEASED
15295 SW 100™ WAY
WHITE SPRINGS, FL 32096
Firm File # 58341 ,1300
UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING
AND URBAN DEVELOPMENT
C/O UNITED STATES ATTORNEY
400 N. TAMPA ST, STE 3200
TAMPA, FL 33602
USAFLM.HUD@USDOJ.GOV
ASHLEY DANIELLE HUNT
UNKNOWN SPOUSE OF ASHLEY DANIELLE HUNT NKA KIRK LAUGHTER
116 YOCONA RIDGE RD
OXFORD, MS 38655
FRANK MARTIN CELLON
108 SUNSET STRIP DRIVE
HAWTHORNE, FL 32640
GREENSPOON MARDER LLP
TRADE CENTRE SOUTH, SUITE 700
100 WEST CYPRESS CREEK ROAD
FORT LAUDERDALE, FL 33309
Telephone: (954) 343 6273
Hearing Line: (888) 491-1120
Facsimile: (954) 343 6982
Email 1: Karissa.Chin-Duncan@gmlaw.com
Email 2: gmforeclosure@gmlaw.com
By:
Karissa Chin-Duncan, Esq.
Florida Bar No. 98472
Firm File # 58341,1300
EXHIBIT “A”
IN THE CIRCUIT COURT OF THE 3RD JUDICIAL CIRCUIT, IN AND FOR HAMILTON COUNTY,
FLORIDA
CIVIL DIVISION
REVERSE MORTGAGE FUNDING LLC,
Plaintiff CASE NO.
VS.
UNKNOWN SPOUSE, HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL
OTHER PARTIES CLAIMING AN
INTEREST BY, THROUGH, UNDER OR
AGAINST THE ESTATE OF SUDYE A.
CAUTHEN A/K/A SUDYB ALENE
CAUTHEN, DECEASED, et. al.
Defendant(s).
CERTIFICATION OF NOTE POSSESSION
The undersigned hereby certifies:
L. That plaintiff is in possession of the original promissory note upon which this action is
brought.
2. The location of the original promissory note is; with Plaintiff's Attorney, Greenspoon
Marder LLP, 100 W. Cypress Creek Road, Suite 700, Fort Lauderdale, Florida 33309,
3, The name and title of the person giving the certification is: Karlssa Chin-Duncan, Esq
4, The name of the person who personally verified such possession is: Karissa Chin.
Duncan, Esg
5 The time and date on which possession ‘was verified were,
B-ZB-2b22 _o¢ 12:07 pny
6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or
assignments of the note) are attached to this certification.
7. [give this statement based on my personal knowledge.
Under penalties of perjury, | declare that I have read the foregoing Certification of Possession of Original
Note and that the facts stated in it are true,
Executed on; _ 3:23. 2022
GREENSPOON MARDER LLP
TRADE CENTRE SOUTH, SUITE 700
100 WEST CYPRESS CREEK ROAD
FORT LAUDERDALE, FL 33309
Telephone: (954) 343 6273
Hearlng Line; (888) 491-1120
Facsimile: (954) 343 6982
Email 1; Karissa.Chin-Duncan@gmlaw.com
Email 2; gmforeclosure@gmlaw.com
By:
tf _——*
Karissa Chin-Duncan, Esq.
Florida Bar No. 98472
Firm File # 58341.1300
ADJUSTABLE RA‘ NOTE
(HOME EQUITY CONVERSION)
STATE OF FL,
uly 17, 2008
PROPERTY ADDRESS PHA Case Number:
15295 SE 100th Way’
White Springs, PL 32096
Huzalttug COUNTY:
1. DEFINITIONS
“Borrower” means cach person signing at the end ofthis Nate. “Lender* means James 88, Nutter & Company and its successors
and assigns, "Seerctary" means the Secretary of Housing aul Urban Development or hl or ber authorized sepresemanives,
2, BORROWER'S PROMISE TO PAY; INTERES
{a relum for umoums to be advanced by Lenderup ton maxinsn principal antount of Two Hiaulred Sixty-Fwu Thousnad Fi
Hundred and 00/108 Dollars ($262,500.00), to or for the beuclit of Borrower tuuler due terms of a Home Equity Conversion
Loan Agreement dated July #7, 2008 ("Loaty Agreement"), Borrower protnises to pay to the order of Lender « principal unoun
equal to the sum of ali Loan Advances mude under the Loan Agreement with interest, Alt amounts udvanecd by Lent eu
interest, Wf not pakt carer, ure due and payoble on dantunry 13, 2093, Int wil be charged om ump principal atthe rl of
‘Three vad 75/100 percent (3,750%) per year uenil the fall amount of principal has been paid, The interest mite may ehnage d
avcordance with Parigeapl $ of this Note. At the end of cach month, sesrued interest shott be added to aud made part of th
Priticlpat butance as 6 Lown Advance nud shati likewise Uherentter beur Aiterest,
The interest rule requised by this Foroyraph 2 ond Poragraph 5 of thiy Note is dhe rate of falerest Bomower will pay on thet
outstanding beltice both before and after this Note becomes due aid payuble as described in Paragraph 7 of this Note, anti
repayencn in fal Bs mae,
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by @ mortgage, deed of trust or similar security fustrament thal is dated the sare dite us this!
Note and called the "Security tnsiniment." The Security Insinenent protects the Lender from losses which might wsult i
Borrower defaults under this Note,
4, MANNER OF PAYMENT
tA) Tne
Borrower shall payofl outstanding pridtelpat and acerded interest to Lewler pot revelpt ofa notice by Leikler requiring immediate
payment in full, s provided in Paragruph 7 of thiy Note.
(0) Place
Payment shall be made at 4(53 Broadway, Kunsus City, MO 6111 or uny such other place ax Lender may destenste in writing!
by notice to Borrower.
(C) Linnitation uf Liability:
Borrowver shat hve no personal Htbifity for payment ofthe debt, Lender shall enforce the debt only throvght sale ofthe Property
covered by the Security Instrument (*Propenty"). Ithis Note iy assigned to the Secretary, the Borrower shal wot be tbe For any
difference between ihe morgage insurance benefits paid to Louder sul the outstanding inlebtedness, inchuding accrued interest,
owed by Borrower atthe tinte ofthe assignment.
5. INTEREST RATE CHANGES
{A) Change Date
‘The interest rate may change on Septensher 1, 2008 anc on __ that day of cach succeeding yout, or XN _ the Hist day of eit
succeeding month, “Change Date" means each date on which tie Interest rate could change.
(B) The tndex
Beginning swith Ue first Change Date, dhe interest rate will be based on ap Index. “lnitex” moons the weekly av ¢ yield on|
Unhed States Treasury Securities adjusted to a constant maturity of one year, us anide availible by the Federal Reserve Huard.
“Current tudlex™ means the most recent hudex fi owaliable 30 days before the Change Date, H dhe Index (ax defied abowe) 13}
no longer available, Lender will use asa ee Uy any irides prescribed by the Secretary. Lender will give Borrower notice of|
the new Index,
{C) Culculation of fnterest Rate Changes
Before encl Change Date, Lender witl calculate # aew interest rule by adding «margin of £,500 percentage points to the Current]
Inidea..Suibject to the Fats stated 4n Paragraph $€D) ofthis Note, this amount will he tye new interest rave unl the mest Change
Date
Fiat Note
.
()) Limlts on Interest Rate Changes, .
= Annoal: ‘The interest ite will Ayver increase OT decrease by rote than two persentage points (2.07) om a
single Change Date, ‘The interest rate will never be ntore thin five percentage points (5.0%) higher oF lowe
thant the Initial hitecest rate stated 1m Parageaph 2 of this Note,
Xx Monthly: The hiterest rae wll never Inctease above 13.750%,
(F) Notlee of Changes
Lender will give notice ta Horrower of any change in thy interest rte, The notice muat be given 1 benst 25 days before the new}
interest rate takes eftvel, and nust set forth (i) the date ofthe notice, (ti) the Change Date, (ii) she old interest rate, (iv) the new
Amterest rate, (¥) the Cunvent fnslex anil the de it owas published, (vi) the methed of eateutating the austed kuterest rate, aud (vii
any other information which may be requvedt
by ts frone time
to tie,
(UY Effective Dute of Changes
A new interest rote caleduted in nevorlance with Parigeaghs $(C) nod 5(D) of this Note will heeame effective an the Changy
Date, unless the Chonge Dite occurs less than 25 days attler Lender has yiven the eequired notice, If tiie interest rate eateukned
acconlance with Paragrphis $(C) and 5{D) of this Note decreased, but Lencler fated to give tintely noilee of the decrease aun
spplied n higher rute than the rate which should have been stated fa o timely notice, then Lender shalt recaleulate the princip
balance owed wider this Note so it docs not reflect any exeessive Interest.
6, BORROWER'S MIGHT TO PREPAY
A Borrower seceiving monthly pityments under the Loon Agreement has the right to pay thy debit evidenced by this Note, in wh
‘or in part, without charge or peunly, Any amount uf debt prepaid will first be applied to reduce the prineipal balance of ¢
Second Note described in Paragraph 11 of this Note and shento ceduee the principal batunee oF this Note,
i
Att prepayments of the principal balaneg shall be applied by Lender as follows:
Fist,to thut portion
of tho pzineipnl balance representing
aygro gate payments for mortgage insurance premiums;
‘Sccontd,to that portion of the principal balance representing agyregate payments for servicing fees;
‘Third, to thet purtion of the principat butuce representing accrued interest
due under the Note; nnd
‘Fourth, to she rentaining portion of the isipal balance, A Borrower may speeify whether a propaymnces fs to be credited to tha
portion of the prineipal balauee representing monilly payments or the line of ere If Borrower does not designate which portion}
of the prineipat balance is lo be prepaid, Lenser shall apply any partial peepayraents to an exlsting tite of credit or create & new}
Hine of credit, Any partial payments will be made available to Borrower by increasing the amount of Borrower's monthly]
_paymtents and/or increasing she amount available to Borrower for Loan Advances wader a tine of credit,
7. IMMEDIATE PAYMENT IN FULL
{A) Denth o Sate
Lender may requite imenediate payrnent in full of all outstanding prinetpal aud acerued interest if:
i) A Borrower dles and the Property is not the principal residence of at east one surviving Borpwer; oF
li) Al of u Borruwer's title In the Property (or his or her benefichil lnensst fv a tnist owning nll or part of the}
Praperty} is sold etherwise transferred and no other Borrower retains (a) litle tothe Property in fee sine,
(b) 1 Ieaseholet undern lease For not less than 99 years which Is renewablo of at fease having a veinaining period)
‘of not less than $0 years beyond the dite of the 100th birthday af the youngest Borrower, or (e) n life estate tn
Ihe Property, (or retains t beneficial interest inn trust with such on iterest dn the Property’),
(ii) Other Grounds
Louder nay require Inmuediate payiment hn full of all outstanding prinelpal and uceried imerest, upon upproval by an authorized
Tepresentntive oF the Secretary, if
w “The Property eases to be the prinelpat resklence ofa Borrower for reisons other thin death atid the Property fs
tial Ihe principal residence of at least one other Borrower;
i Toru perdod of lager than twelve (12) conseeutlve months, « Borrower fills to plysically uceupy the Property
beeause vf physical or nrentid itiness and thy Property is not the principal residence of ot leust one other
Borrower or
(iii) ‘An obligation of the Horeower under the Seeuelty instrument ks not performed,
{C)} Payment of Costs and Expenses
AF Lender has required immediate payment in sult, as deseribed above, the debt eatorced through sale of the Property may inglude |
coats and expenses, including reasonable rnd customary untorteys' Fees, assuclated with enforecrtemt of his Note to the extent not
probibited by npplicabte nw. Such fees and ests shall bear futerest Irom the dale ofdisbursement al the sunte mate as the principal
of this Note.
Fintsate
‘
{D) rusts .
Conveyance of « Borrower's interest fn the Property to a trust which meets the requirements af the Seeretmy, or vonveyunce of
rusts interest inthe Property to n Burrower, shall uotbe considered a eonveyaice for purposes of this Paragenph, A trust shall no}
be eoastdered an occupantor be considered as havlug a prinefpat reskdene fur purposes ofthis Paragraph,
8. AVAIVERS
Borrowwer waives the rights of prosemment ant notice of dishonor, “Preseniment™ means the eight to require Loner to dma
payenent of unoants die. "Notice ofdishonae" nécans the rit to require Lender to give natiee to other persons that nonownts dud
have tot been paid.
9, GIVING OF NOTICES
"
Unless applicuble kw requires a different method, any notice that must be given to Byrrower under this Note will be given by;
deliverliy it or by niniting it by first class niall to Borrower ul the Property address above or al n different address if Borrower ki
given Lender a notice of Borrower's different address,
Any natice that must be given to Lender ander this Nowe will be given by first class nih io Lender ut dhe wikicess stuted in
Paragraph (8)
or ot n differen address if Hocrower
is given s notive of that different address.
10, OBLIGATIONS OF PERSONS UNDE THIS NOTE
{Core than one person sigis this Note, each perso is fully obligated to keep all of the promises inate in this Note, Lenler may!
entree its rights under this Notw only through sale of the Property.
11, RELATIONSHIP 10 SECOND NOTE
(A) Second Note
Because Borrower will be required to repay amounts which the Secretary may make to oF on tehal of Borrawer pursvant (a
Scotion 255()X(1}(A)of the National Housing Act and the Luan Agreement,the Seeretary has required Borrower to guant a Second}
‘Note tothe Sveretary.
(8) Relationship of Secretary Paynients to His Note
Payments made by the Sceretary shall not be included in the debt due wader this Note ynless:
@ “This Nate is nssigued to the Sevtetary; ar
(i) ‘The Secretary necepts refinbursements by the Lender for all paymisnts miade by the Seeretary,
Whe ckeumstoncys described én {i) oF (i) aceur, then all payments mide by the Svecctry, ivetuding interest on the payments,
shall be inicladed in te debt,
(© Effect on Borrower
Where there is 40 assignment or reinibursentent ns described in (B)ti) of (i), and the Secretary stakes paymients to Burrower, thei
Borrosver sili not:
ti) Be requited to pay amounts owed under this Note until the Seeretary ls required payment in full of afl
oustiniding principal and accrued Interest’ wider the Sceondt Note held by the Secretary, notwithstunding.
yeh tothe contrary tn Paragraph 7 ofthls Note; or
diy Be obliguted to pay interest or shured uppreeittion under thi Note at any tine, whether accrued belore of afer
the payments by the Secretary, aitd whether of aot acerued interest his been included in the principal baloxce of |
this Note, nolwithsunding anything te the coutriry in Porigiephs 2 or $ of this Note or nay Altouye to this
Note,
BY SIGNING BELOW, Borsawer accepts and agtees to the rerms and covenuats contained in this Note,
ed:
SralyeA, Vlinen
PAY TO THE ORDER OF
—
Reverse Mortgage Funding LLG
—=
WITHOUT RECOURSE
JAMES B. NUTTE MP ANY
BY_
First Note
4 ASST. VICE PRESIDENT
af
ALLONGE FOR NOTE ENDORSEMENT
BORROWERS: SUDYE A CAUTHEN
LOAN AMOUNT: $262,500.00
DATE OF NOTE: July 17, 2008
es NUMaER
PROPERTY ADDRESS: 15295 SE 100TH WAY
WHITE SPRINGS FL 32096-2472
PAY TO THE ORDER OF Reverse Mortgage Funding LLC WITHOUT RECOURSE,
Seller's Name - James B. Nutter & Company
BY. Ze PAG
CAaul Madson, Vice President
PAY TO THE ORDER OF
WITHOUT RECOURSE
een catentenanttendtineanenn
REVERSE MORTGAGE FUNDING LLC
TRACIE SMITH
COLLATERAL ANALYST
AMERICAN MORTGAGE CONSULTANTS.
ATTORNEY-IN-FACT FOR
REVERSE MORTGAGE FUNDING LLG.
PLE 200240578 B 667 P 192
REC Na. O9621 758215
FILED AND RECORDED
DATE 28/84/2008 TM AS:40
GREG GODWIN CLERK
COSHAMILTON STrFL
ate
DOC STAMPS
INTANG TAX
918.75
SES. ao
“Oe
s Shee,
gs
RECORD AVI ED 2S
Requested by und returned to:
BY. Pt ig
ic
James B. Nutter & Company
seeune erent
4153 Broadway
Kansas City, Missouri 64111
tM 9
tifa“Coreen a”
Prepared by:
‘
FHA Case Number: is
State of Florida ADJUSTABLE RATE
HOME EQUITY CONVERSION MORTGAGE
THIS MORTGAGE (‘Security Instrument’) is given on July 17, 2008. The mortgagor is Sudye A. Cauthen, whose ackress is
15295 SE 100th Way, White Springs, FL, 32096 ("Borrower"). This Sccurity Instrument is given to James B. Nutter &
Company, which is organized and existing under the laws of the state of Missouri, and whose address is 4153 Broadway,
Kansas City, MO 64111 ("Lender"), Borrower has agreed to repay to Lender amounts which Lender is obligated to advance,
including future advances, under the terms of a Home Equity Conversion Loan Agreement dated the same date as this Security
Instrument ("Loan Agreement"), ‘The agreement to repay is evidenced by Borrower's Note dated the same date as this Security
Instrument (“Note”). This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with
interest al a rate subject to adjustment, and all renowals, extensions and modifications of the Note, up to a maximum principal
amount Two Hundred Sixty-Two Thousand Fiye Hundred and 00/100 Dollars ($262,500.00); (b) the payment of all other
sums, with interest, advanced under Paragraph 5 to protect the security of this Security Instrument or otherwise due under the
terms of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. The full debt, including all amounts described in (a), (b), and (c) above, if not paid earlier, is due and
payable on January 13, 2093, For this purpose, Borrower does hereby mortgage, Brant and convey to Lender, the following
described property located in Hamilton County, Florida:
‘The real property located at the address 16295 SE 100th Way, White Springs, FL 32696,in the County of Hamilton, state of
RL, described more fully on Exhibit A attached to this Mortgage.
TOGETHER WITH all the improvements now or hereafter erected on the property, and ail easements, rights, appurtenances, and
fixtures now or hereafter a part of the property, All replacements and additions shall also be cavered by this Security Instrument.
All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to morlgage, grant
and convey the Property and that the Property is unencumbered, Borrower warrants and will defend generally the title to the
Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction te constitntc a uniform security instement covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
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1, Payment of Principal and Interest, Borrower shall pay when due the principal of, and interest on, the debt evidenced by
tho Note.
2. Payment of Property Charges, Borrower shall pay all property charges consisting of taxes, ground rents, flood and hazard
insurance premiums, and special assessments ina timely manner, and shall provide evidence of payment to Lender,
unless Lender pays property charges by withholding finds from monthly payments due fo the Borrower or by charging such
payments to a Jine of credit as provided for in the Loan Agreement.
3. Fire, Mood and Other Hazard Insurance, Borrower shall insure all improvements on the Property, whether now in
existence or subsequently erected, against any hazards, casualties, and contingencies, including fire. This insurance shall be
maintained in the amounts, (o the extent and for the periods required by Lender or the Secretary of Housing and Urban
Development (‘'Sceretary"). Borrower shall also insure all improvements on the Properly, whether now in existence or
subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with
companies approved by Lender, ‘The insurance policies and any renewals shall be held by Lender and shall include'loss payable
clauses in favor of, and in a form acceptable to, Lender,
In the event of loss, Borrower shall give Lender Immediate notice by mail. Lender may make proofof loss if not made promptly
by Borrower. Rach insurance company concerned is hereby authorized and directed to make payment for such loss to Lender,
instead of to Borrower and Lender jointly. Insurance proceeds shall be applied to restoration or repair of the damaged Property,
if the restoration or repair is economically feasible and Lender's seourity is not lessened. if the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied first to the reduction of any
indebtedness under a Second Note and Second Security Instrument held by the Secrelary on the Property and then to the
reduction of the indebtedness under the Note and this Security Instrument. Any excess insurance proceeds over an amount
required to pay all outstanding indebtedness under the Note and this Security Instrument shall be pald to tho entity legally
entitled thereto,
In'the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness,
all right, title and interest of Borrower in and to insurance policies in force shali pass to the purchaser.
4, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds,
Borrower shall occupy, establish, and use the Property. as Borrower's principal residence after the execution of this Security,
Enstrument and Borrower (or at least one Borrower, if initially more than one person are Borrowers) and shall continue to occupy
the Property as Borrower's principal residence for the term of the Security Instrument, "Principal residence” shall have the same
meaning as in the Loan Agreement.
Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate,
reasonable wear and tear excepted. Borrower shall also be in dofault if Borrower, during the loan application process, gave
materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in
connection with the Loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy
of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions
of the lease, If Borrower acquires fee title to the Property, the leaschold and fee title shall not be merged unless Lender agrees to
merger in writing.
5, Charges to Borrower and Protection of Lender's Rights in the Property, Borrower shal) pay all governmental or
municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time
directly to the entity which is owed the payment, If failure to pay would adversely affect Lender's interest in the Property, upon
Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shalt promptly
discharge any lien which has priority over this Security Instrument itin the manner provided in Paragraph 12(c).
If Borrower fails 1o make these payments or the property charges required by Paragraph 2, or fails to perform any other
covenants and ngreements contained in this Security Instrument, or there is a Jegal proceeding that may significantly affect
Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then
Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including
payment of taxes, hazard insurance and other items mentioned in Paragraph 2.
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To protect Lender's security in the Properly, Lender shall advance and charge to Borrower all amounts due to the Secretary for
the Morlgage Insurance Premium ("MIP") as defiried in the Loan Agreement as well as all sums due to the loan servicer for
servicing activities ("Servicing Fee") as defined in the Loan Agreement. Any amounts disbursed by Lender under this Paragraph
are obligatory and shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured by
this Security instrument,
6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable manner and at
reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose
for the inspection or appraisal which musi be related to Lender's interest in the Property, If the Property is vacant ar abandoned
or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without
natice to the Borrower,
7. Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation, or other taking of any part of the Property, or for conveyance in place of condemnation shall be paid to Lender.
The proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument
held by the Secretary on the Property, and then to the reduction of the indebtedness under the Note and this Security Instrument,
Any excess proceeds over an amount required to pay all oustanding indebtedness under the Note and this Security Instrument
shall be paid to the entity legally entitled thereto,
8, Fees, Lender may coltect fees and charges authorized by the Secretary,
9, Grounds for Acceleration of Debt.
(a) Due and Payable, Lender may require immediate payment in full of all sums secured by this Security Instrument if.
(i) A Borrower dies and the Property is not the principal residence of at teast one surviving Borrower;
a All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the
Property) is sold or otherwise transferred-an no other Borrower retains (a) title to the Properly in fee simple, (b)
feasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not
Tess than 50 years beyond the date of the !00th birthday of the youngest Borrower, or (c) a life estate in the
Property (or a beneficial interest
in a trust with suel an interestin the Property).
(b) Due and Payable with Secretary Approval, Lender may require immediate payment in full of all sums secured by this
Security Instrument, upon approval by an authorized representative of the Secretary, ift
(i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is
not the principal residence of at least one other Borrower;
(ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to physically occupy the Property
because of physical or mental illness and the Property is not the principal residence of at least one other Borrower;
or
ii) An obligation of the Borrower under this Security Instrument is not performed.
.
(¢) Notice to Lender, Borrower shall notify Lender whenever any of the events listed in subparagraphs (a) and (b) of this
Paragtaph 9(a)(ii) or (b) oceur.
(a) Notice to Secretary and Borrower, Lender shall notify the Secretary and Borrower whenever the loan becomes due
and payable under this Paragraph 9(a)(ii) and (b). Lender shail not have the right to commence foreclosure until Borrower
has had thirty (30) days after notice to either;
a) Correct the matter which resulted in the Security Instrument coming due and payable;
diy Pay the balance in full; or
(iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale
toward the balance; or
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(iv) Provide the Lender with a deed in lieu of foreclosure,
(¢) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or
conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this
Paragraph. A trust shail not be considered an occupant or be considered as having a principal residence for purposes of this
Paragraph 9,
() Mortgage Not Insured, Borrower agrees that shoud this Security Instrument and the Note not be eligible for insurance
under the National Housing Act within eight (8) months from the date hereof, Lender may, at iis option, require immediate
payment In full of all sums secured by this Security Instrument. A written st
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Filing # MME E -Filed 06/23/2022 11:31:21 AM IN THE CIRCUIT COURT OF THE 3RD JUDICIAL CIRCUIT OF FLORIDA IN AND FOR HAMILTON COUNTY CASE NO. 22000027CAAXMX REVERSE MORTGAGE FUNDING LLC, Plaintiff, VS. UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN, DECEASED, et.al. Defendants. MOTION FOR LEAVE TO FILE AMENDED COMPLAINT COMES NOW PLAINTIFF, REVERSE MORTGAGE FUNDING LLC by and through its undersigned attorney, and hereby moves this Court for leave to file an Amended Complaint and in support thereof states that: 1 On or about 3/29/2022, Plaintiff filed this action to foreclose a mortgage on real property. 2 One or more Defendants to this action have filed a responsive pleading to Plaintiff's complaint. 3 Since the filing of the lawsuit, Plaintiff discovered additional parties that must be joined as defendants to this action. 4 Plaintiff now seeks to amend the complaint to join JILL ANNIE BUNKER and UNKNOWN SPOUSE OF JILL ANNIE BUNKER as additional defendants to this action. 5 Additionally, Plaintiff requests to drop UNKNOWN SPOUSE OF FRANK MARTIN CELLON, UNKNOWN TENANT #1 and UNKNOWN TENANT #2 from this action. 6 The Rules provide that "leave of court shall be given freely when justice so requires." Fla. R. Civ. P. RULE 1.190(a). As such, the plaintiff respectfully requests that the Court grant this motion to amend, and direct clerk to file the attached Amended Complaint. 7 No party will be prejudiced by the granting of this Motion. Electronical Filed Hamilton Case # 22000027CAAXMX 06/23/2022 11:31:21 AM Firm File #58341. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff leave to file an Amended Complaint, together with such further relief as the Court deems just and necessary. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served on the 21st day of June , 2022 to all parties on the below service list. Service was by email to all parties not exempt from Rule 2.516 Fla. R. Jud. Admin. at the indicated email address on the service list, and by U.S. mail to any other parties. UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN, DECEASED 15295 SW 100" WAY WHITE SPRINGS, FL 32096 UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O UNITED STATES ATTORNEY 400 N. TAMPA ST, STE 3200 TAMPA, FL 33602 USAFLM.HUD@USDOJ.GOV ASHLEY DANIELLE HUNT UNKNOWN SPOUSE OF ASHLEY DANIELLE HUNT NKA KIRK LAUGHTER 116 YOCONA RIDGE RD OXFORD, MS 38655 FRANK MARTIN CELLON 108 SUNSET STRIP DRIVE HAWTHORNE, FL 32640 GREENSPOON MARDER LLP TRADE CENTRE SOUTH, SUITE 700 100 WEST CYPRESS CREEK ROAD FORT LAUDERDALE, FL 33309 Telephone: (954) 343 6273 Hearing Line: (888) 491-1120 Facsimile: (954) 343 6982 Email 1: Karissa.Chin-Duncan@gmlaw.com Email 2: gmforeclosure@gmlaw.com By: Karissa Chin-Duncan, Esq. Florida Bar No. 98472 Firm File # 58341.1300 IN THE CIRCUIT COURT OF THE 3RD JUDICIAL CIRCUIT, IN AND FOR HAMILTON COUNTY, FLORIDA CASE NO. 22000027CAAXMX REVERSE MORTGAGE FUNDING LLC Plaintiff vs. UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES. ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN, DECEASED; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; ASHLEY DANIELLE HUNT: UNKNOWN SPOUSE OF ASHLEY DANIELLE HUNT: FRANK MARTIN CELLON; UNKNOWN SPOUSE OF FRANK MARTIN CELLON; UNKNOWN TENANT #1 UNKNOWN TENANT #2, Defendants. / AMENDED COMPLAINT FOR FORECLOSURE Plaintiff, REVERSE MORTGAGE FUNDING LLC, sues Defendants, and alleges MORTGAGE FORECLOSURE 1 This is an action to foreclose a reverse mortgage on real property located and situated in HAMILTON County, Florida. 2. Plaintiff's counsel is in physical possession of the Note which is the subject of this action. The Plaintiff, REVERSE MORTGAGE FUNDING LLC, is a non-holder in possession of the Note who has the rights of a holder, and therefore, Plaintiff is entitled to enforce the Note. 3 On July 17, 2008, SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN, DECEASED (“Borrower”) executed and delivered a Promissory Note (“Note”) and a Mortgage (“Mortgage”) securing the payment of the Note. The Mortgage was recorded on August 4, 2008 in Official Records Book 667 at Page 192 as assigned in Official Records Book 812, Page 257 and Firm File # 58341.1300 further assigned in Official Records Book 880, Page 138 of the Public Records of HAMILTON County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor(s). Copies of the Note and Mortgage are attached hereto and incorporated herein as Composite Exhibit “A”. 4 On or about September 1, 2021, Borrower SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN died, and the subject property is not the principal residence of any surviving borrower, 5 Plaintiff declares the full amount to be due and payable pursuant to the note and mortgage. 6 The property is now owned by Defendant(s), UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN, DECEASED. 7. Plaintiff is due at least $133,153.28 in principal, plus future advances, 8 All conditions precedent to the acceleration of the note and foreclosure of the mortgage have occurred or have been performed, waived or excused. 9 Plaintiff has retained undersigned counsel to represent them and has agreed to pay them a reasonable fee and costs for their services. 10, The interests of each Defendant named herein are subject, subordinate, and inferior to the right, title, interest, and lien of Plaintiffs Mortgage. Ik. Defendant, UNKNOWN SPOUSE OF ASHLEY DANIELLE HUNT NKA KIRK LAUGHTER, may claim or have some interest in or lien or claim upon the property by virtue of an unrecorded lease and/or his/her status as an unknown spouse in possession of the Property, but any such interest, lien or claim is subject, subordinate and inferior to the right, title, interest and lien of Plaintiff's mortgage herein sought to be foreclosed. Firm File # 58341.1300 12. Defendant, UNKNOWN SPOUSE OF JILL ANNIE BUNKER, may claim or have some interest in or lien or claim upon the property by virtue of an unrecorded lease and/or his/her status as an unknown spouse in possession of the Property, but any such interest, lien or claim is subject, subordinate and inferior to the right, title, interest and lien of Plaintiffs mortgage herein sought to be foreclosed. 13, Defendant, UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT was granted a mortgage recorded on August 4, 2008 in Official Records Book 667, Page 201, Public Records of HAMILTON County, Florida, which purports to encumber the aforesaid real property, but the lien thereof, if valid, is junior, inferior and subordinate to the lien of Plaintiff's Mortgage. 16. As a potential heir of the deceased property owner, Defendant, ASHLEY DANIELLE HUNT, may claim an interest in the property being foreclosed. Any such interest is subordinate and inferior to the lien of the mortgage being foreclosed. 17. As a potential heir of the deceased property owner, Defendant, FRANK MARTIN CELLON, may claim an interest in the property being foreclosed. Any such interest is subordinate and inferior to the lien of the mortgage being foreclosed. 18. As a potential heir of the deceased property owner, Defendant, JILL ANNIE BUNKER, may claim an interest in the property being foreclosed. Any such interest is subordinate and inferior to the lien of the mortgage being foreclosed. WHEREFORE, Plaintiff, REVERSE MORTGAGE FUNDING LLC, prays: a) This Court take jurisdiction of this cause, the subject matter and the parties hereto, b) The Court determine the amounts due to Plaintiff from Defendants and that such amounts be declared a lien upon the subject property; °) The Court enter a judgment foreclosing the mortgage lien, and, upon the Defendant’s failure to pay the amounts due to Plaintiff by a date certain, that this Court order that said real Firm File # 58341.1300 property be sold in accordance with the law and practice of this Court so that Plaintiff's mortgage lien is satisfied, qd) The Court determine that the Plaintiffs interest is superior to the rights, title and interests of the Defendants named herein or any other person or party claiming by or through or under them since the filing of the Lis Pendens and that the rights, title and interest of said Defendants be absolutely barred and foreclosed, °) This Court retain jurisdiction of this action to make any and all further orders and judgments as justice requires, including but not limited to, the issuance of a writ of possession. VERIFICATION OF COMPLAINT Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Executed on this Day oflN 16 20H, Compu-Link Corporation DBA Celink as attorney in fact fy VERSE MORTGAGE FUNDING LLC By: LM Caryn Edwards Print Name: Assistant Secretary Title: CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was furnished by U.S. Mail/personal service to all parties on June 21 » 2022. UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF SUDYE A. CAUTHEN A/K/A SUDYE ALENE CAUTHEN, DECEASED 15295 SW 100™ WAY WHITE SPRINGS, FL 32096 Firm File # 58341 ,1300 UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O UNITED STATES ATTORNEY 400 N. TAMPA ST, STE 3200 TAMPA, FL 33602 USAFLM.HUD@USDOJ.GOV ASHLEY DANIELLE HUNT UNKNOWN SPOUSE OF ASHLEY DANIELLE HUNT NKA KIRK LAUGHTER 116 YOCONA RIDGE RD OXFORD, MS 38655 FRANK MARTIN CELLON 108 SUNSET STRIP DRIVE HAWTHORNE, FL 32640 GREENSPOON MARDER LLP TRADE CENTRE SOUTH, SUITE 700 100 WEST CYPRESS CREEK ROAD FORT LAUDERDALE, FL 33309 Telephone: (954) 343 6273 Hearing Line: (888) 491-1120 Facsimile: (954) 343 6982 Email 1: Karissa.Chin-Duncan@gmlaw.com Email 2: gmforeclosure@gmlaw.com By: Karissa Chin-Duncan, Esq. Florida Bar No. 98472 Firm File # 58341,1300 EXHIBIT “A” IN THE CIRCUIT COURT OF THE 3RD JUDICIAL CIRCUIT, IN AND FOR HAMILTON COUNTY, FLORIDA CIVIL DIVISION REVERSE MORTGAGE FUNDING LLC, Plaintiff CASE NO. VS. UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF SUDYE A. CAUTHEN A/K/A SUDYB ALENE CAUTHEN, DECEASED, et. al. Defendant(s). CERTIFICATION OF NOTE POSSESSION The undersigned hereby certifies: L. That plaintiff is in possession of the original promissory note upon which this action is brought. 2. The location of the original promissory note is; with Plaintiff's Attorney, Greenspoon Marder LLP, 100 W. Cypress Creek Road, Suite 700, Fort Lauderdale, Florida 33309, 3, The name and title of the person giving the certification is: Karlssa Chin-Duncan, Esq 4, The name of the person who personally verified such possession is: Karissa Chin. Duncan, Esg 5 The time and date on which possession ‘was verified were, B-ZB-2b22 _o¢ 12:07 pny 6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification. 7. [give this statement based on my personal knowledge. Under penalties of perjury, | declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true, Executed on; _ 3:23. 2022 GREENSPOON MARDER LLP TRADE CENTRE SOUTH, SUITE 700 100 WEST CYPRESS CREEK ROAD FORT LAUDERDALE, FL 33309 Telephone: (954) 343 6273 Hearlng Line; (888) 491-1120 Facsimile: (954) 343 6982 Email 1; Karissa.Chin-Duncan@gmlaw.com Email 2; gmforeclosure@gmlaw.com By: tf _——* Karissa Chin-Duncan, Esq. Florida Bar No. 98472 Firm File # 58341.1300 ADJUSTABLE RA‘ NOTE (HOME EQUITY CONVERSION) STATE OF FL, uly 17, 2008 PROPERTY ADDRESS PHA Case Number: 15295 SE 100th Way’ White Springs, PL 32096 Huzalttug COUNTY: 1. DEFINITIONS “Borrower” means cach person signing at the end ofthis Nate. “Lender* means James 88, Nutter & Company and its successors and assigns, "Seerctary" means the Secretary of Housing aul Urban Development or hl or ber authorized sepresemanives, 2, BORROWER'S PROMISE TO PAY; INTERES {a relum for umoums to be advanced by Lenderup ton maxinsn principal antount of Two Hiaulred Sixty-Fwu Thousnad Fi Hundred and 00/108 Dollars ($262,500.00), to or for the beuclit of Borrower tuuler due terms of a Home Equity Conversion Loan Agreement dated July #7, 2008 ("Loaty Agreement"), Borrower protnises to pay to the order of Lender « principal unoun equal to the sum of ali Loan Advances mude under the Loan Agreement with interest, Alt amounts udvanecd by Lent eu interest, Wf not pakt carer, ure due and payoble on dantunry 13, 2093, Int wil be charged om ump principal atthe rl of ‘Three vad 75/100 percent (3,750%) per year uenil the fall amount of principal has been paid, The interest mite may ehnage d avcordance with Parigeapl $ of this Note. At the end of cach month, sesrued interest shott be added to aud made part of th Priticlpat butance as 6 Lown Advance nud shati likewise Uherentter beur Aiterest, The interest rule requised by this Foroyraph 2 ond Poragraph 5 of thiy Note is dhe rate of falerest Bomower will pay on thet outstanding beltice both before and after this Note becomes due aid payuble as described in Paragraph 7 of this Note, anti repayencn in fal Bs mae, 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by @ mortgage, deed of trust or similar security fustrament thal is dated the sare dite us this! Note and called the "Security tnsiniment." The Security Insinenent protects the Lender from losses which might wsult i Borrower defaults under this Note, 4, MANNER OF PAYMENT tA) Tne Borrower shall payofl outstanding pridtelpat and acerded interest to Lewler pot revelpt ofa notice by Leikler requiring immediate payment in full, s provided in Paragruph 7 of thiy Note. (0) Place Payment shall be made at 4(53 Broadway, Kunsus City, MO 6111 or uny such other place ax Lender may destenste in writing! by notice to Borrower. (C) Linnitation uf Liability: Borrowver shat hve no personal Htbifity for payment ofthe debt, Lender shall enforce the debt only throvght sale ofthe Property covered by the Security Instrument (*Propenty"). Ithis Note iy assigned to the Secretary, the Borrower shal wot be tbe For any difference between ihe morgage insurance benefits paid to Louder sul the outstanding inlebtedness, inchuding accrued interest, owed by Borrower atthe tinte ofthe assignment. 5. INTEREST RATE CHANGES {A) Change Date ‘The interest rate may change on Septensher 1, 2008 anc on __ that day of cach succeeding yout, or XN _ the Hist day of eit succeeding month, “Change Date" means each date on which tie Interest rate could change. (B) The tndex Beginning swith Ue first Change Date, dhe interest rate will be based on ap Index. “lnitex” moons the weekly av ¢ yield on| Unhed States Treasury Securities adjusted to a constant maturity of one year, us anide availible by the Federal Reserve Huard. “Current tudlex™ means the most recent hudex fi owaliable 30 days before the Change Date, H dhe Index (ax defied abowe) 13} no longer available, Lender will use asa ee Uy any irides prescribed by the Secretary. Lender will give Borrower notice of| the new Index, {C) Culculation of fnterest Rate Changes Before encl Change Date, Lender witl calculate # aew interest rule by adding «margin of £,500 percentage points to the Current] Inidea..Suibject to the Fats stated 4n Paragraph $€D) ofthis Note, this amount will he tye new interest rave unl the mest Change Date Fiat Note . ()) Limlts on Interest Rate Changes, . = Annoal: ‘The interest ite will Ayver increase OT decrease by rote than two persentage points (2.07) om a single Change Date, ‘The interest rate will never be ntore thin five percentage points (5.0%) higher oF lowe thant the Initial hitecest rate stated 1m Parageaph 2 of this Note, Xx Monthly: The hiterest rae wll never Inctease above 13.750%, (F) Notlee of Changes Lender will give notice ta Horrower of any change in thy interest rte, The notice muat be given 1 benst 25 days before the new} interest rate takes eftvel, and nust set forth (i) the date ofthe notice, (ti) the Change Date, (ii) she old interest rate, (iv) the new Amterest rate, (¥) the Cunvent fnslex anil the de it owas published, (vi) the methed of eateutating the austed kuterest rate, aud (vii any other information which may be requvedt by ts frone time to tie, (UY Effective Dute of Changes A new interest rote caleduted in nevorlance with Parigeaghs $(C) nod 5(D) of this Note will heeame effective an the Changy Date, unless the Chonge Dite occurs less than 25 days attler Lender has yiven the eequired notice, If tiie interest rate eateukned acconlance with Paragrphis $(C) and 5{D) of this Note decreased, but Lencler fated to give tintely noilee of the decrease aun spplied n higher rute than the rate which should have been stated fa o timely notice, then Lender shalt recaleulate the princip balance owed wider this Note so it docs not reflect any exeessive Interest. 6, BORROWER'S MIGHT TO PREPAY A Borrower seceiving monthly pityments under the Loon Agreement has the right to pay thy debit evidenced by this Note, in wh ‘or in part, without charge or peunly, Any amount uf debt prepaid will first be applied to reduce the prineipal balance of ¢ Second Note described in Paragraph 11 of this Note and shento ceduee the principal batunee oF this Note, i Att prepayments of the principal balaneg shall be applied by Lender as follows: Fist,to thut portion of tho pzineipnl balance representing aygro gate payments for mortgage insurance premiums; ‘Sccontd,to that portion of the principal balance representing agyregate payments for servicing fees; ‘Third, to thet purtion of the principat butuce representing accrued interest due under the Note; nnd ‘Fourth, to she rentaining portion of the isipal balance, A Borrower may speeify whether a propaymnces fs to be credited to tha portion of the prineipal balauee representing monilly payments or the line of ere If Borrower does not designate which portion} of the prineipat balance is lo be prepaid, Lenser shall apply any partial peepayraents to an exlsting tite of credit or create & new} Hine of credit, Any partial payments will be made available to Borrower by increasing the amount of Borrower's monthly] _paymtents and/or increasing she amount available to Borrower for Loan Advances wader a tine of credit, 7. IMMEDIATE PAYMENT IN FULL {A) Denth o Sate Lender may requite imenediate payrnent in full of all outstanding prinetpal aud acerued interest if: i) A Borrower dles and the Property is not the principal residence of at east one surviving Borpwer; oF li) Al of u Borruwer's title In the Property (or his or her benefichil lnensst fv a tnist owning nll or part of the} Praperty} is sold etherwise transferred and no other Borrower retains (a) litle tothe Property in fee sine, (b) 1 Ieaseholet undern lease For not less than 99 years which Is renewablo of at fease having a veinaining period) ‘of not less than $0 years beyond the dite of the 100th birthday af the youngest Borrower, or (e) n life estate tn Ihe Property, (or retains t beneficial interest inn trust with such on iterest dn the Property’), (ii) Other Grounds Louder nay require Inmuediate payiment hn full of all outstanding prinelpal and uceried imerest, upon upproval by an authorized Tepresentntive oF the Secretary, if w “The Property eases to be the prinelpat resklence ofa Borrower for reisons other thin death atid the Property fs tial Ihe principal residence of at least one other Borrower; i Toru perdod of lager than twelve (12) conseeutlve months, « Borrower fills to plysically uceupy the Property beeause vf physical or nrentid itiness and thy Property is not the principal residence of ot leust one other Borrower or (iii) ‘An obligation of the Horeower under the Seeuelty instrument ks not performed, {C)} Payment of Costs and Expenses AF Lender has required immediate payment in sult, as deseribed above, the debt eatorced through sale of the Property may inglude | coats and expenses, including reasonable rnd customary untorteys' Fees, assuclated with enforecrtemt of his Note to the extent not probibited by npplicabte nw. Such fees and ests shall bear futerest Irom the dale ofdisbursement al the sunte mate as the principal of this Note. Fintsate ‘ {D) rusts . Conveyance of « Borrower's interest fn the Property to a trust which meets the requirements af the Seeretmy, or vonveyunce of rusts interest inthe Property to n Burrower, shall uotbe considered a eonveyaice for purposes of this Paragenph, A trust shall no} be eoastdered an occupantor be considered as havlug a prinefpat reskdene fur purposes ofthis Paragraph, 8. AVAIVERS Borrowwer waives the rights of prosemment ant notice of dishonor, “Preseniment™ means the eight to require Loner to dma payenent of unoants die. "Notice ofdishonae" nécans the rit to require Lender to give natiee to other persons that nonownts dud have tot been paid. 9, GIVING OF NOTICES " Unless applicuble kw requires a different method, any notice that must be given to Byrrower under this Note will be given by; deliverliy it or by niniting it by first class niall to Borrower ul the Property address above or al n different address if Borrower ki given Lender a notice of Borrower's different address, Any natice that must be given to Lender ander this Nowe will be given by first class nih io Lender ut dhe wikicess stuted in Paragraph (8) or ot n differen address if Hocrower is given s notive of that different address. 10, OBLIGATIONS OF PERSONS UNDE THIS NOTE {Core than one person sigis this Note, each perso is fully obligated to keep all of the promises inate in this Note, Lenler may! entree its rights under this Notw only through sale of the Property. 11, RELATIONSHIP 10 SECOND NOTE (A) Second Note Because Borrower will be required to repay amounts which the Secretary may make to oF on tehal of Borrawer pursvant (a Scotion 255()X(1}(A)of the National Housing Act and the Luan Agreement,the Seeretary has required Borrower to guant a Second} ‘Note tothe Sveretary. (8) Relationship of Secretary Paynients to His Note Payments made by the Sceretary shall not be included in the debt due wader this Note ynless: @ “This Nate is nssigued to the Sevtetary; ar (i) ‘The Secretary necepts refinbursements by the Lender for all paymisnts miade by the Seeretary, Whe ckeumstoncys described én {i) oF (i) aceur, then all payments mide by the Svecctry, ivetuding interest on the payments, shall be inicladed in te debt, (© Effect on Borrower Where there is 40 assignment or reinibursentent ns described in (B)ti) of (i), and the Secretary stakes paymients to Burrower, thei Borrosver sili not: ti) Be requited to pay amounts owed under this Note until the Seeretary ls required payment in full of afl oustiniding principal and accrued Interest’ wider the Sceondt Note held by the Secretary, notwithstunding. yeh tothe contrary tn Paragraph 7 ofthls Note; or diy Be obliguted to pay interest or shured uppreeittion under thi Note at any tine, whether accrued belore of afer the payments by the Secretary, aitd whether of aot acerued interest his been included in the principal baloxce of | this Note, nolwithsunding anything te the coutriry in Porigiephs 2 or $ of this Note or nay Altouye to this Note, BY SIGNING BELOW, Borsawer accepts and agtees to the rerms and covenuats contained in this Note, ed: SralyeA, Vlinen PAY TO THE ORDER OF — Reverse Mortgage Funding LLG —= WITHOUT RECOURSE JAMES B. NUTTE MP ANY BY_ First Note 4 ASST. VICE PRESIDENT af ALLONGE FOR NOTE ENDORSEMENT BORROWERS: SUDYE A CAUTHEN LOAN AMOUNT: $262,500.00 DATE OF NOTE: July 17, 2008 es NUMaER PROPERTY ADDRESS: 15295 SE 100TH WAY WHITE SPRINGS FL 32096-2472 PAY TO THE ORDER OF Reverse Mortgage Funding LLC WITHOUT RECOURSE, Seller's Name - James B. Nutter & Company BY. Ze PAG CAaul Madson, Vice President PAY TO THE ORDER OF WITHOUT RECOURSE een catentenanttendtineanenn REVERSE MORTGAGE FUNDING LLC TRACIE SMITH COLLATERAL ANALYST AMERICAN MORTGAGE CONSULTANTS. ATTORNEY-IN-FACT FOR REVERSE MORTGAGE FUNDING LLG. PLE 200240578 B 667 P 192 REC Na. O9621 758215 FILED AND RECORDED DATE 28/84/2008 TM AS:40 GREG GODWIN CLERK COSHAMILTON STrFL ate DOC STAMPS INTANG TAX 918.75 SES. ao “Oe s Shee, gs RECORD AVI ED 2S Requested by und returned to: BY. Pt ig ic James B. Nutter & Company seeune erent 4153 Broadway Kansas City, Missouri 64111 tM 9 tifa“Coreen a” Prepared by: ‘ FHA Case Number: is State of Florida ADJUSTABLE RATE HOME EQUITY CONVERSION MORTGAGE THIS MORTGAGE (‘Security Instrument’) is given on July 17, 2008. The mortgagor is Sudye A. Cauthen, whose ackress is 15295 SE 100th Way, White Springs, FL, 32096 ("Borrower"). This Sccurity Instrument is given to James B. Nutter & Company, which is organized and existing under the laws of the state of Missouri, and whose address is 4153 Broadway, Kansas City, MO 64111 ("Lender"), Borrower has agreed to repay to Lender amounts which Lender is obligated to advance, including future advances, under the terms of a Home Equity Conversion Loan Agreement dated the same date as this Security Instrument ("Loan Agreement"), ‘The agreement to repay is evidenced by Borrower's Note dated the same date as this Security Instrument (“Note”). This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest al a rate subject to adjustment, and all renowals, extensions and modifications of the Note, up to a maximum principal amount Two Hundred Sixty-Two Thousand Fiye Hundred and 00/100 Dollars ($262,500.00); (b) the payment of all other sums, with interest, advanced under Paragraph 5 to protect the security of this Security Instrument or otherwise due under the terms of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. The full debt, including all amounts described in (a), (b), and (c) above, if not paid earlier, is due and payable on January 13, 2093, For this purpose, Borrower does hereby mortgage, Brant and convey to Lender, the following described property located in Hamilton County, Florida: ‘The real property located at the address 16295 SE 100th Way, White Springs, FL 32696,in the County of Hamilton, state of RL, described more fully on Exhibit A attached to this Mortgage. TOGETHER WITH all the improvements now or hereafter erected on the property, and ail easements, rights, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be cavered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to morlgage, grant and convey the Property and that the Property is unencumbered, Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction te constitntc a uniform security instement covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: FL I Mortgage Page 1 (ae FLY R Bo O24057% Bg, Bh 193 1, Bossetree 1, Payment of Principal and Interest, Borrower shall pay when due the principal of, and interest on, the debt evidenced by tho Note. 2. Payment of Property Charges, Borrower shall pay all property charges consisting of taxes, ground rents, flood and hazard insurance premiums, and special assessments ina timely manner, and shall provide evidence of payment to Lender, unless Lender pays property charges by withholding finds from monthly payments due fo the Borrower or by charging such payments to a Jine of credit as provided for in the Loan Agreement. 3. Fire, Mood and Other Hazard Insurance, Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire. This insurance shall be maintained in the amounts, (o the extent and for the periods required by Lender or the Secretary of Housing and Urban Development (‘'Sceretary"). Borrower shall also insure all improvements on the Properly, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender, ‘The insurance policies and any renewals shall be held by Lender and shall include'loss payable clauses in favor of, and in a form acceptable to, Lender, In the event of loss, Borrower shall give Lender Immediate notice by mail. Lender may make proofof loss if not made promptly by Borrower. Rach insurance company concerned is hereby authorized and directed to make payment for such loss to Lender, instead of to Borrower and Lender jointly. Insurance proceeds shall be applied to restoration or repair of the damaged Property, if the restoration or repair is economically feasible and Lender's seourity is not lessened. if the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by the Secrelary on the Property and then to the reduction of the indebtedness under the Note and this Security Instrument. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be pald to tho entity legally entitled thereto, In'the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shali pass to the purchaser. 4, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds, Borrower shall occupy, establish, and use the Property. as Borrower's principal residence after the execution of this Security, Enstrument and Borrower (or at least one Borrower, if initially more than one person are Borrowers) and shall continue to occupy the Property as Borrower's principal residence for the term of the Security Instrument, "Principal residence” shall have the same meaning as in the Loan Agreement. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be in dofault if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the Loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, If Borrower acquires fee title to the Property, the leaschold and fee title shall not be merged unless Lender agrees to merger in writing. 5, Charges to Borrower and Protection of Lender's Rights in the Property, Borrower shal) pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment, If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shalt promptly discharge any lien which has priority over this Security Instrument itin the manner provided in Paragraph 12(c). If Borrower fails 1o make these payments or the property charges required by Paragraph 2, or fails to perform any other covenants and ngreements contained in this Security Instrument, or there is a Jegal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. FL I" Morigage Page 2 Qe PL — 667 P 154 REC NOY DSSz1 750815 To protect Lender's security in the Properly, Lender shall advance and charge to Borrower all amounts due to the Secretary for the Morlgage Insurance Premium ("MIP") as defiried in the Loan Agreement as well as all sums due to the loan servicer for servicing activities ("Servicing Fee") as defined in the Loan Agreement. Any amounts disbursed by Lender under this Paragraph are obligatory and shall become an additional debt of Borrower as provided for in the Loan Agreement and shall be secured by this Security instrument, 6. Inspection. Lender or its agent may enter on, inspect or make appraisals of the Property in a reasonable manner and at reasonable times provided that Lender shall give the Borrower notice prior to any inspection or appraisal specifying a purpose for the inspection or appraisal which musi be related to Lender's interest in the Property, If the Property is vacant ar abandoned or the loan is in default, Lender may take reasonable action to protect and preserve such vacant or abandoned Property without natice to the Borrower, 7. Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation, or other taking of any part of the Property, or for conveyance in place of condemnation shall be paid to Lender. The proceeds shall be applied first to the reduction of any indebtedness under a Second Note and Second Security Instrument held by the Secretary on the Property, and then to the reduction of the indebtedness under the Note and this Security Instrument, Any excess proceeds over an amount required to pay all oustanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto, 8, Fees, Lender may coltect fees and charges authorized by the Secretary, 9, Grounds for Acceleration of Debt. (a) Due and Payable, Lender may require immediate payment in full of all sums secured by this Security Instrument if. (i) A Borrower dies and the Property is not the principal residence of at teast one surviving Borrower; a All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred-an no other Borrower retains (a) title to the Properly in fee simple, (b) feasehold under a lease for not less than 99 years which is renewable or a lease having a remaining period of not Tess than 50 years beyond the date of the !00th birthday of the youngest Borrower, or (c) a life estate in the Property (or a beneficial interest in a trust with suel an interestin the Property). (b) Due and Payable with Secretary Approval, Lender may require immediate payment in full of all sums secured by this Security Instrument, upon approval by an authorized representative of the Secretary, ift (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property is not the principal residence of at least one other Borrower; (ii) For a period of longer than twelve (12) consecutive months, a Borrower fails to physically occupy the Property because of physical or mental illness and the Property is not the principal residence of at least one other Borrower; or ii) An obligation of the Borrower under this Security Instrument is not performed. . (¢) Notice to Lender, Borrower shall notify Lender whenever any of the events listed in subparagraphs (a) and (b) of this Paragtaph 9(a)(ii) or (b) oceur. (a) Notice to Secretary and Borrower, Lender shall notify the Secretary and Borrower whenever the loan becomes due and payable under this Paragraph 9(a)(ii) and (b). Lender shail not have the right to commence foreclosure until Borrower has had thirty (30) days after notice to either; a) Correct the matter which resulted in the Security Instrument coming due and payable; diy Pay the balance in full; or (iii) Sell the Property for the lesser of the balance or 95% of the appraised value and apply the net proceeds of the sale toward the balance; or FL I" Mortgage fplee Page 3 Fie B G67 P 195 REG NO. se2i 750215 (iv) Provide the Lender with a deed in lieu of foreclosure, (¢) Trusts. Conveyance of a Borrower's interest in the Property to a trust which meets the requirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shall not be considered a conveyance for purposes of this Paragraph. A trust shail not be considered an occupant or be considered as having a principal residence for purposes of this Paragraph 9, () Mortgage Not Insured, Borrower agrees that shoud this Security Instrument and the Note not be eligible for insurance under the National Housing Act within eight (8) months from the date hereof, Lender may, at iis option, require immediate payment In full of all sums secured by this Security Instrument. A written st