No Value: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-26 vs. SHEPPARD, ELSIE A

On December 08, 2011 a No Value was filed involving a dispute between The Bank Of New York Mellon Fka The Bank Of New York, As Trustee For The Certificateholders Of The Cwabs, Inc., Asset-Backed Certificates, Series 2006-26, and Sheppard, Donald L, Sheppard, Elsie A, Unknown Tenant #1, Unknown Tenant #2, Wells Fargo Bank, N.A. As Successor To Wachovia Bank, N.A., for Homestead Residential Foreclosure > 250,001 in the District Court of Charlotte County.

Preview
FILED: 04/12/2012 12:14 PM Charlotte Co

IN THE CIRCUIT COURT FOR CHARLOTTE
COUNTY, FLORIDA. CIVIL DIVISION

CASE NO. 082011CA003707XXXXXX

THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2007-OH1,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2007-OH1,

Plaintiff,
vs.

ELISE A. SHEPPARD; DONALD L. SHEPPARD;
WELLS FARGO BANK, N.A. AS SUCCESSOR TO
WACHOVIA BANK, N.A.; 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,

Defendants.
/

RE-NOTICE OF HEARIN(

TO: ALL PARTIES LISTED ON ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that Plaintiff's Motion for Summary Final Judgment and for

attorneys’ fees has been called up before the Honorable Lee Schreiber, Room 1-B, 350 E. Marion Avenue,

Punta Gorda. FL 33950, FL 33950 , on May 1, 2012 at 1:30 PM, or as soon thereafter as counsel may be

heard.

PLEASE GOVERN YOURSELVES ACCORDINGLY.

Time allocated for hearing _ 5_ minutes.

Counsel certifies that a bona fide effort to resolve the matters for which this Motion was set

was made or will be made, but such effort was unsuccessful.
FILED: 04/12/2012 12:14 PM Charlotte Co

In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodation to participate in this proceeding should contact the
Judge's Judicial Assistant not later than two business days prior to the
proceeding at the Charlotte County Courthouse. Telephone 941-637-2375 or 1-
800-955-8771 via Florida Relay Service.

I HEREBY ,CERTIFY it a CopyoO! foregoing Notice was mailed to the parties on the

attached Service List this f O day' 2012
.

By:
abrielle M Strauss
Florida Bar No. 0059563
SMITH, HIATT & DIAZ, P.A.
Attorneys for Plaintiff
PO BOX 11438
Fort Lauderdale, FL 33339-1438
Telephone: (954) 564-0071
Facsimile: (954) 564-9252

Copy to the Judicial Assistant

1183-112197
CEW

\o~
FILED: 04/12/2012 12:14 PM Charlotte Co

SERVICE LIST
Case No. 082011CA003707XXXXXX

DONALD L. SHEPPARD
1065 SCHOONER LN
ENGLEWOOD, FL 34224

ELISE A. SHEPPARD
1065 SCHOONER LN
ENGLEWOOD, FL 34224

WELLS FARGO BANK, N.A. AS SUCCESSOR TO WACHOVIA BANK, N.A.
President, Vice-President, or any other officer authorized to accept service
503 S. PIERRE STREET
PIERRE, SD 57501
FILED: 04/12/2012 12:14 PM Charlotte Co

IN THE CIRCUIT COURT FOR CHARLOTTE
COUNTY, FLORIDA. CIVIL DIVISION

CASE NO. 082011CA003707XXXXXX

THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT, INC.,
ALTERNATIVE LOAN TRUST 2007-OH1,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2007-OH1,

Plaintiff,
vs.

Defendants.

MOTION FOR
s YY FINAL MENT AND ATTORNEY' S

Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,

AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN

TRUST 2007-OH1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-OH1 by and

through its undersigned counsel, moves this Court, pursuant to Florida Rule of Civil Procedure 1.510, to

enter a Summary Final Judgment against each of the Defendants in the above-styled action. There exists

no genuine issues as to any material fact and Plaintiff is entitled to judgment as a matter of law based on

the pleadings and affidavits filed in this action.

1 FORECLOSURE: This is an action by the holder of a mortgage, THE BANK OF NEW

YORK. MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE
FILED: 04/12/2012 12:14 PM Charlotte Co

CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-OH1,

MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-OH1, to foreclose the mortgage on

real property situated in Charlotte County, Florida.

2. HOLDER OF NOTE: The Plaintiff holds the promissory note and mortgage.

3 DEFAULT: The Note is due for April 1, 2011, and all subsequent payments, which has

resulted in a default of the note and mortgage.

4 PROPERTY: The legal description of the subject property is set forth in the Lis

Pendens.

5. SERVICE: All Defendants have been served with notice of this action.

6. LIEN: Plaintiff's mortgage constitutes a valid lien on the subject property and is

superior to any right, title, interest or claim of all Defendants and all persons or entities claiming by,

through or under them.

7. EVIDENCE: -Plaintiff adopts and incorporates into this motion the affidavit of

indebtedness, Plaintiffs affidavit of attorneys fees.and costs, affidavit of reasonableness of fees, the

mortgage, the promissory note. Plaintiff has attached a copy of the original note as Exhibit "A".

8, MEMORANDUM OF LAW: The substantial matters of law upon which this motion is

based are as follows:

a. A mortgage is presumed to have been validly executed and delivered on

the date recited in the mortgage if the mortgage is proven of record and recorded according to the law.

Atlantic Land and Improvement Company v. Lee, 112 So. 549, 550 (Fla. 1927).

b, Where a note secured by a mortgage is transferred without any formal

assignment of the mortgage, the mortgage in equity passes as an incident to the debt, unless there is some

plain and clear agreement
to the contrary. Johns v. Gillian, 184 So. 140 (Fla. 1938). "A mere delivery

of a note and mortgage, with intention to pass the title, upon a proper consideration, will vest the

equitable interest in the person to whom it is so delivered." Jd., at 143. "Because the lien follows the
FILED: 04/12/2012 12:14 PM Charlotte Co

debt, there was no requirement of attachment of a written and recorded assignment of the mortgage in

order for the appellant to maintain the foreclosure action." Chemical Residential Mortgage v. Rector,

742 So.2d. 300 (Fla. 1* DCA, 1998), rev. denied 727 So.2d 910 (1999). To foreclose upon a

promissory note, the plaintiff must be the "holder" in order to be the real party in interest. Troupe v.

Redner, 652 So2d 394 (Fla 2d DCA 1995), citing Withers v. Sandlin, 36 Fla. 619, 18 So. 856 (1896);

Laing v. Gainey Builders, Inc., 184 So. 2d 897 (Fla Ist DCA 1966). The "holder", with respect to a

negotiable instrument, means the person in possession if the instrument is payable to bearer or, in the

case of an instrument payable to an identified person, if the identified person is in possession. §

671.201(20), Fla. Stat. (2002). "Bearer" means the person in possession of an instrument, document of

title, or certificated security payable to bearer or indorsed in blank. § 671.201(5), Fla.-Stat. (2002).

c. In the event a formal assignment is delivered to the Plaintiff, Florida

Law has established that the “effective date” is the date of transfer of interest in the mortgage as opposed

to the date the assignment document was executed. WM Specialty Mortgage. LLC v. Salomon, 874 So2d.

680 (Fla 4" DCA 2004); Citing: Johns v Gillian, 184 So. 140, 143 (Fla 1938).

d. The interest of the owner of record in the property described herein is

inferior and subordinate to the interest of the Plaintiff, the mortgagee. Jordan v. Sayre, 3 So. 329 (Fla.

1888).
e. The owner and holder of a valid recorded mortgage encumbering real

property has a lien superior in dignity and right to any subsequently recorded mortgage, claim or lien

attaching to the property through the mortgagors, their successors, assigns and tenants. Lee v. Slemons,

150 So. 792, 794 (Fla. 1933); Bullard v. Fender, 192 So. 167, 171 (Fla. 1939); County of Pinellas v.

Clearwater Federal Savings and Loan Association, 214 S0.2d 525, 526 (Fla. 2d DCA 1968). Therefore,

the lien of Plaintiffs mortgage takes priority over the subsequently recorded claims or liens of the

Defendants in this action. United States v. First Federal Savings and Loan Association of St. Petersburg,

155 So.2d 192, 193 (Fla. 2d DCA 1963).
FILED: 04/12/2012 12:14 PM Charlotte Co

f. As a matter of Jaw the entire indebtedness secured by the mortgage held

by Plaintiff is due and collectible. Van Huss v. Prudential Insurance Company of America, 165 So. 896

(Fla. 1936); Baader v. Walker, 153 So.2d 51, 54 (Fla. 2d DCA 1963),

8g As to any Defendant that is a Homeowners Association as defined

under Florida Statute §720.301, said Defendant’s interest is fully forecloseable as a matter of law.

Florida Statute §720.3085.does not prevent foreclosure of any pastdue assessment claims of a

Defendant Home Owners Association, as Plaintiff's rights are determined by the Homeowner’s

Association’s Declaration of Covenants: Florida Statute.§720.3085, does not retroactively apply to

mortgages or assessments recorded prior to its enactment. To the contrary the §720.3085(1) specifically

states that the Association's assessments are inferior to the Plaintiff. Any application of the statute to the

contrary is unconstitutional. Sarasota County v. Andrews, et al. 573 So.2d 113 (2™ DCA, 1991);Silver

Blue Lake Apartments, Inc. v. Silver Blue Lake Home Owners Association, Inc., 245 So. 24 609, 611 (Fla

1971); Palm Point Property Owners’ Association of Charlotte County, Inc. v. Pisarski (626 So. 2d 195

(Fla 1993); Holly Lake Association vy. Federal National Mortgage Association, 660 So. 2d 266, 269 (Fla.

1995); Park Benziger & Co., Inc. v. Southern Wine & Spirits, Inc. 391 So. 2d 681, 683 (Fla. 1980);

David v. Sun Federal Savings & Loan Ass'n, 461 So. 2493 (Fla 1984); Metropolitan Dade County v.

Chase Federal Housing Corp., et al. 737 So. 2d 494, 500 (Fla 1999);

h. As to Defendants against whom a default has been entered, final

judgment may be entered by the Court at any time. Rule 1.500(e) Florida Rule of Civil Procedure.

1 This court must enter a summary final judgment of foreclosure where

there exists no genui ~ ‘ssue as to any material fact; this Court may, however, reserve jurisdiction to

determine the amount and priority of the claims. Mack Industries, Inc. v. Donald W. Nelson, Inc., 134

So.2d 821 (Fla. 2d DCA 1961).

J Where the note and mortgage so provide, a mortgagee is entitled to

recover costs, a reasonable fee for its attomneys in the prosecution of a foreclosure action, and any sums
FILED: 04/12/2012 12:14 PM Charlotte Co

advanced to prevent the impairment of its security. American Securities Co. v. Goldsberry, 67 So. 862,

866 (Fla. 1915).

9. ENTITLEMENT
TO JUDGMENT: Plaintiff is entitled to recover its principal, interest,

late charges, costs, attorneys' fees, and other expenses, all of which are more fully set forth in the

affidavits attached hereto.

10. NO ISSUE OF LAW OR FACTS: The pleadings of file, together with the affidavits

attached hereto, demonstrate that there is no dispute as to any material fact. Accordingly, Plaintiff is

entitled to Summary Final Judgment as a matter of law.

WHEREFORE, the Plaintiff respectfully requests that this Court enter Summary Final

Judgment in its favor as to the total amount sought in its Complaint, grant Plaintiff's motion for attorney's

fees and such other and further relief as this Court deems just, including the issuance of writs of

possession against any parties that may be in possession of the property .

IHEREBY CERTIFY that copies of the foregoing Motion for Summary Final Judgment,

together with Affidavits referred to herein, have been mailed to the parties on the attached Service List

this 3 way of APRE 2012.

SMITH, HIATT & DIAZ, P.A.
Attorneys for Plaj iff
PO BOX 1143
Fort Laude: le, FL 33839-1438
Telephony (954) 564-0071
Facsi : (954) 564-9452

1183-112197
eG
FILED: 04/12/2012 12:14 PM Charlotte Co

:
EXHIBIT “A”
FILED: 04/12/2012 12:14 PM Charlotte Co

+ \ V-HLIT 4679365689
. MERS MIN: 10003904679365689
Sheppard, Donald
FIXED/ADJUSTABL RATE NOTE WITH PAYMENT OPTIONS
(Five-Year Fixed ARM wid Payment Option LIBOR 6-Month Index Rate Caps)
THIS NOTE CONTAINS PROVISI iS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYMENT. THERE MAY BE A LIMIT ON THE AMOUNT THAT MY MONTHLY PAYMENT CAN
INCREASE OR DECREASE. HOWEVER, MY INTEREST RATE INCREASES AND DECREASES ARE
LIMITED. THE PRINCIPAL AMOUNT TO REPAY COULD BE GREATER THAN THE AMOUNT ORIGINALLY
BORROWED DUE TO THE ADDITIGN OF UNPAID INTEREST TO PRINCIPAL (WHICH IS REFERRED TO
IN THIS NOTE AS NEGATIVE AMORTIZATION), BUT NOT MORE THAN THE LIMIT STATED IN THIS

gg
NOTE. -
FL
MoH YPING A BRINTING Englewood {State}
ISATISFACTOI RY FOR
REPRODUCTION AT THE TI E 1065 Schooner Ln
nglewood, FL 34224-5213
OF IMAGING
[Property Address}
4 BORROWER'S PROMISE TO PAY
In return for a loan that | have received, | promise to pay U.S.$250, 000.00 {this arnount, as it
increases and decreases from time to time, is called "Principal”), plus interest, to the order of the Lender. The
Principal amount may increase as provided in this Note, but will never exceed One Hundred Fifteen
percent | borrowed. The Lender is Quicken Loans Inc.
of the origind! Principat amount
1 will make all payments under this Not in the form of cash, check or money order.
| understand that the Lender Mmay 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
(a) Interest Rate
Intérést Will be charged on ul id Principal until the full amount of Principal has been paid. | will initially
pay interest at a yearly rate of 74250 %. This is my initial interest rate, which is fixed for the first 60
months of the term of this Note. Following the first 60 months of the term of this Note, the interest rate 1 will
pay may change every montis as described below in this Section 2.
The interest rate required this Section 2 is the rate | will pay both before and. after any default
described in Section 7 of this Note. Interest will be charged on the basis of a twelve-month year and a thirty-day
month.

(b) Interest Rate Change Dal
The interest rate charged on my loan may change on the Ist day of December 2011
and on that day every 6 month: thereafter. Each date on which my interest rate could change is called an
“Interest Rate Change Date." The ni rate of Interest will become effective on each Interest Rate Change Date.
Although the interest rate may change every 6 months following the initial 60 months of the term of
this Note, my monthly payment will be recalculated In accordance with Section 3,

(c) Interest Rate Limit
The interest rate | am requit to pay at the first Inter-~ Rate Change Date will not be greater than
12.250 % or less than

4
50 %. Thereafter, my interest rate will never be increased or decreased
on any single Interest Rate Change Ddte by more than One and No-Thousandths
( 1,000 %) from the rate of interest | have been paying for the preceding 6 months. My interest rate will
12.250 %, or less than 2.2

au
never be greater than

(d) The Index
Beginning with thr | i be based on an index (the

ain
"{Index"). The "Index" is the ‘, dolfar-denaminated deposits
in the London market ("LIB eI
trecent Index figure available

900
0 QE
as of the date 15 days befo aad

200808 oanft.pct 6
1214444623
FILED: 04/12/2012 12:14 PM Charlotte Co

IMAGING MEMO
qe WRITING/TYPING & PRINTING
ARAVA EAR
9365689 0140 22:
SATISFACTORY FOR
UCTION AT THE TIME
OF IMAGING
ff the Index is no longer available, the Note Holder will choose a new index that is based upon
comparable information. The Note Holder will give me notice of this choice. The most recent value of the
substituted index, as armounced from time to time, shall become the Index for purposes of Section 2 of this Note.

(e} Calculation of Interest Changes
Before each Interest Rate Change Date, the Note Holder will calculate my new interest rate by adding
Two and One-Quarter percentage points ( 2.250 %)
(the “Margin") to the Current Index. Note Holder will then round the result of this addition to the nearest
one-eighth of one percentage point (0/125%). Subject to the interest rate limit In Section 2(c), this amount will be
my new interest rate until the next Int Rate Change Date.

3. PAYMENTS
{a) Time and Place of Payments
1 will make a payment every month.
1 will make my monthly payments on the first day of each month beginning on January 1, 2007
Each of these dates is called a "Payment Due Date.” | will make these payments every month until | have paid all
of the Principal and interest and any er charges described below that | may owe under this Note. My monthly
payments will be applied as of the scheduled Payment Due Date and will be applied to interest before Principal.
if, on December 1, 2036 , | Still ‘owe amounts under this Note, | will pay those amounts in full on that
date, which is called the "Maturity Dat "
1 will make my monthly payments at P.O. Box 563154, Detroit, MI 48255-3154 ,
or at a different place if required by tl Note Holder. Principal, interest and charges are payable in lawful money
of the United States. i

(b} Minimum Payment; Am: jount of My Initial Monthly Payments
My "Minimum Payment" Is thi minimum amount the Note Holder will accept for my monthly payment,
which the Note Holder will determin in accordance with this Section 3{b), Section 3(d), or 3(e), belaw, as
applicable. My Minimum Payment willbe the monthly payment f am required to pay, although | may be permitted
td thédse ond of thé payment options accordance with Sectlor 3(d).
Each of my initial Minimum P: ments will be in the amount of U.S. $ 885.42 » until a new Minimum
Payment i is required as provided bel This amount may change as described in Section 3(d) and Section 3(e).
My initial Minimum Payment il not be sufficient to pay interest at the interest rate as determined in
accordance with Section 2. Each mot h that my Minimum Payment is less than the Interest that has accrued on
the Note during that period, the Note older will subtract the amount of my monthly payment from the amount of
the accrued interest and will add e difference to my unpaid Principal (this Is referred to as “negative
amortization"). That deferred Interest!will also accrue interest at the interest rate determined in accordance with
Section 2.

(c) Payment Change Dates
My monthly payment may change in accordance with Section 3(d) below beginning on the 1st day of
January 20 and oh that day every 6 months thereafter. Each of these dates is called
a "Payment Change Date.” My monthly payment wit! also change at any time Section 3(e) below requires me to
pay the Full Payment as defined In Seption 3(d)(iv) below. Each of these dates is also called a "Payment Change
Date."
| will pay the amount of my new monthly payment each month beginning on each Payr:~~* Change Date
or as provided in Section 3(e) below.

{d) Calculation of Monthly Pj Changes and Payment Options
Subject to Section 3(e) below, 1 may have up to four payment options, each of which will result in
changes to my monthly payment, as follows:

fi) Limited Payment. Prior to the 61st Payment Due Date, | must make at least a
Limited Payment, as defined below. The Limited Payment is the amount of my initial Minimum
Payment as described in Section 3{b) above. The Limited Payment is not based on the actual
interest rate of this Note, but is based instead on an interest rate that is implied solely for

2006/08 oanfi2.pel Page
2 of 6
FILED: 04/12/2012 12:14 PM Charlotte Co

IMAGING MEMO
TOE WRI NG/TYPING & PRINTING
~ WAS UI ISFACTORY FOR
ll A
04679365689 0140 222 0306
UCTION AT THE TIME
IF IMAGII

purposes of determining the imited Payment (the "Implied Interest Rate"). Even though the
Limited Payment is based on) the Implied Interest Rate, interest on this Note wili continue to
accrue at the interest rate di ‘mined in accordance with Section 2. Furthermore, paying only
the Limited Payment will result in negative amortization. Starting with the 61st Payment
Due Date, or on the date that the Principal of my Note reaches the Maximum Amount, my
Minimum Payment will beco: an Interest Only Payment or such greater payment as may be
required by Section 3(e) bel |. In that event, [ may no longer make a Limited Payment.

Gi) interest Only Payment. Prior to the 121st Payment Due Date, | may have the
option of making an Interest Only Payment. An interest Only Payment is the monthly amount
allocated fo interest based on/a 30-day month and shall be calculated by multiplying the unpaid
Principal of this Note by the applicable Interest rate determined in accordance with Section 2,
dividing by 360 and then multiplying the resulting number by 30. 1 will no longer have this
payment opticn starting with t l2ist Payment Due Date.

(iii) 15-Year Amortizing a ment, Unless | must make a Full Payment in accordance with
Section: 3(e), | may have th option of paying a 15-Year Amortizing Payment, which is the
amount necessary to repay the remaining unpaid Principal in full within a 15 year period starting
from the first Payment Due Date In substantially equal payments. This option is calculated on
the assumption that the current interest rate, determined in accordance with Section 2, will
remain in effect and unchai until this Note is paid in full. However, the current interest rate
may in fact change month following the first Interest Rate Change Date. | will no
every si:
longer have this payment optign starting with the 121st Payment Due Date.

Gv) Full Payment. At all jtimes during the term of this Note 1 will have the option of paying
the Full Payment. Starting ith the Jalst Payment Due Date, | will be required to
make the Full Payment. At least 30 days before each Payment Change Date, the Note Holder
will calculate the amount of the monthly payment that would be sufficient to repay the remaining
uripald Principal in full or Maturity Date in substantially equal Installments at the: interest
rate, determined in accor ce with Section 2, in effect during the month preceding the
Payment Change Date. The ult of this calculation is called the "Full Payment."

{e) Limit on My Unpaid Pringipal; increased Monthly Payment
My unpaid Principat can exceed a maximum amount equal to 115.00 % of the Principal
amount 1 originally borrowed (the "Maximum Amount"). On the Payment Due Date that paying my monthly
payment would first cause me to ext the Maximum Amount, and continuing with each monthly Payment Due
Date thereafter through the 120th Payment Due Date, | will instead pay a new monthly payment in an amount
not Jess than an Interest Only Payment. The Interest Only Payment will be my new Minimum Payment. This
means that my Minimum Payment m y change monthly. This method of calculating my new Minimum Payment
amount will remain in effect until the 120th Payment Due Date.

Starting with the 12ist | Payment Due Date, and continuing through my final payment, my new
Minimum Payment will be a Full Payment.

4 NOTICES OF CHANGES
The Note Holder will deliver of mail to me a notice of any changes in the amount of my monthly payment
before the effective date of any payment change, as required by applicable law or regulation. The notice will
contain the new interest rate and/or |the payment amount applicable to my loan. The notice will also include
information required by law to be given to me and also the title and telephone number of a person who will
answer any questions | may have regarding the notice.

5. BORROWER'S RIGHT TO AY
(have the right to make pal nts of Principal at any time before they are due. A payment of Principal
only is known as a “prepayment.” Whi | make a prepayment, |will tell the Note Holder in writing that | am doing
so.
2006/08 oanfi3.pel Page
3 of 6
FILED: 04/12/2012 12:14 PM Charlotte Co

IMAGING MEMO
RITING/TYPING & PRINTING
| Cn suai! UNSATISFACTORY FOR
DUCTION AT THE TIME
OF IMAGING
1 may make a full prepayment or partial prepayments, without paying any prepayment charge. The Note
Holder will use my prepayment to reduce the amount of Principal that | owe under this Note. If | make a partial
prepayment, there will be no chang in the amount or due dates of my monthly payments unless the Note
Holder agrees in writing to those cl inges. My partial prepayment may reduce the amount of my monthly
payments after the first Payment Chi e Date following my partial prepayment. However, any reduction due to
my partial prepayment may be offset an interest rate increase.

6, LOAN CHARGES
lf a law, which applies to this loan and which sefs 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 Overei Payments
lf the Note Holder has not received at least the full amount of any Minimum 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 Minimum. Payment. | will pay this late charge promptly but only
once on each lale payment.

(b) Accrual of Interest on Unpaid Interest
In addition to any late charge Wescribed above, and at the option of the Note Holder, all accrued interest
that is not paid when due, which is added to unpaid Principal, shall also bear interest at the same rate as the
interest on the unpaid Principal balance.

({c) Default
if | do not pay at least the full amount of each Minimum Payment on the date it is due, !| will be in default.

(d) Notice of Default
ff | am in default, the Note Hplder may send me a written notice telling me that if | do not correct the
default by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which
has not been paid and all the interest that | owe on that amount.

{e) No Waiver By Note Holder
Even if, at a time when | am im default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will Stil! have the right to do so if | am in default at a later time.

(f) Payment of Note Holder’s Costs and Expenses
If the Note Holder has requi me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Such expenses include for example, reasonable attorneys’ fees.

8. GIVING OF NOTICES

ah
Unless applicable law require 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 a different
address if! give the Note Holder a noti of my different address.

Any notice that must be given} to the Note Holder under this Note will be given by mailing it by first class
mail to the Note Holder at the address} stated In Section 3(a) above or at a different address if 1 am given a notice
of that different address.

2006/08 oanfi4.pci Page 4 of6
FILED: 04/12/2012 12:14 PM Charlotte Co

a
IMAGING MEMO.

89 0140
| iq ta
2 : a:
ING/TYPING & PRINTING
ISATISFACTORY FOR
REPRQDUCTION AT THE TIME
9. OBLIGATIONS OF PERSONS UNDER IM oTE
If more than one person signs this Note, each person is fully obligated to keep all of the promises made
in this Note, Including the promise tb pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated|fo do these things. Any person who takes over these obligations, including
the obligations of a guarantor, surety endorser of this Note, Is also obligated to keep all of the promises made
in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all
of us together. This means‘hat any one of us may be required to pay all of the amounts owed under this Note.

10, WAIVERS
1 and any 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 requi the Note Hoider to give notice to other persons that amounts due have not
been paid.

11, UNIFORM SECURED NOTE
In addition to the

f
ment with limited variations in some Jurisdictions.
This Note Is a uniform inst
protections given to the Note Holder der this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security
Instrument"), dated the same date as is Note, protects the Note Holder from possible losses that might result if |
do not keep the promises that | 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:

Transfer of the Propetty or a Beneficial Interest in Borrower. As used in this Section
18, “Interest in the Property* m} $ 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 row agreement, the intent.of which is the transfer of title by
Borrower at a future date to a purchaser.

If all or ariy part of the’ Property’ or any Iriterest in’the Property Is'sold or transferred (or if
Borrower is not a natural persor| 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 inforrnation required by Lender to evaluate the Intended transferee as If
@ new loan were being made to the transferee; and (b) Lender reasonably determines that
Lender's security will not be im, ired by the loan assumption and that the risk of a breach of any
covenant or agreement in this urity Instrument is acceptable to Lender.

To the extent permitt by Applicable Law, Lender may charge a reasonable fee as a
condition to Lenders consent to the loan assumption. Lender may also require the transferee to
sign an assumption agreement| that Is acceptable to Lender and that obligates the transferee to
keep all the promises and agres ents made in the Note and in thls Security Instrument. Borrower
will continue to be obligated unter the Note and this Security {nstrument unless Lender releases
Borrower in writing.

|
if Lender exercises th option to require immediate payment in full, Lender shail 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 ar ‘dance with Section 15 within which Borrower must pay all sums
secured by this Security Instrument. {f 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.

12, DOCUMENTARY TAX i
The state documentary tax de on this note has been paid on the mortgage securing this indebtedness.

200608 oanfis.pet Page
5 of 6

wet
FILED: 04/12/2012 12:14 PM Charlotte Co

8mg

WITNESS THE HAND(S) AND SEAL{S) OF THE UNDERSIGNED.

Bbntsd
Donald L | Sheppard
Mey 4}
zAreans (Seal) Cure’ bo. Sher
Elise A. Sheppard
G of Nien

(Seal) (Seal)
Borrower Borrower

(Seal)
ECOUF iSE Borrower
Ta the Order of

Countrywiti NA.
QUICKEN LOANS, IN
By. (Seal)
OHNO
CAPTURE URGER

[Sign Original Ontyy

Pay to the order
of Pay to tte orderok
y
‘Countrywide
Home Loans, for, Leen
Whtout!

Panpplaed—

Case Info

Judge

PORTER, LISA S Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

December 23, 2023

Case Filing Date

December 08, 2011

County

Parties

PORTER, LISA S Judge
SHEPPARD, DONALD L Defendant
SHEPPARD, ELSIE A Defendant
SMITH HIATT & DIAZ PA Attorney
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-26 Plaintiff
UNKNOWN TENANT #1 Defendant
UNKNOWN TENANT #2 Defendant
WELLS FARGO BANK, N.A. AS SUCCESSOR TO WACHOVIA BANK, N.A. Defendant
Joanna Evans Attorneys for Plaintiffs
Michael Eisenband Attorneys for Plaintiffs
Bryan Jones Attorney
Tanya Simpson Attorneys for Plaintiffs

For full print and download access, please subscribe at https://www.trellis.law/.

No Value: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-26 vs. SHEPPARD, ELSIE A

Preview

Related Topics

Case Info

Parties