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IN THE CIRCUIT COURT OF THE 5™ JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
Case No. 2022-CA-001961
US. BANK TRUST COMPANY,
NATIONAL ASSOCIATION, AS TRUSTEE,
AS SUCCESSOR-IN-INTEREST TO U.S.
BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE AFC MORTGAGE
LOAN ASSET BACKED CERTIFICATES,
SERIES 1999-1,
Plaintiff,
Vv.
STEPHEN
SPOUSE
ERIC DOBER;
OF DEBORAH
UNKNOWN
E. FOULK;
Alig gS
a
UNKNOWN SPOUSE OF STEPHEN ERIC
DOBER; UNKNOWN TENANT IN
POSSESSION OF THE SUBJECT
PROPERTY,
Defendants,
/
PLAINTIFF’S NOTICE OF FILING ORIGINAL NOTE AND MORTGAGE
Pursuant to the Stipulation of Settlement, filed August 8, 2023, Plaintiff U.S. BANK
TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-
INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE AFC
MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 1999-1 gives notice of filing
the original note and mortgage with the Court.
WE HEREBY CERTIFY that the Original Note and Original Mortgage were sent to the
Clerk of Courts this August 10, 2023, via FedEx.
LAPIN & LEICHTLING, LLP, 1098 PACIFIC DUNES CT, DAYTONA BEACH, FLORIDA 32124 (305) 569-4100
CASE NO.: 2022-CA-001961
Respectfully submitted,
LAPIN & LEICHTLING, LLP
Attorneys for Trust
1098 Pacific Dunes Ct
Daytona Beach, Florida 32124
Telephone No.: (305) 569-4100
Facsimile No.: (305) 569-0000
By: __/s/ Jan Timothy Williams
JAN TIMOTHY WILLIAMS
Florida Bar No.: 92604
JWilliams@LL-lawfirm.com
eservice@LL-lawfirm.com
SERVICE LIST
Adam G. Russo, Esq.
MYERS, EICHELBERGER & RUSSO, P.L.
5750 Major Blvd., Ste. 250
Orlando, FL 32819
Phone: (407) 926-2455
adam@themelawfirm.com
Counsel for Defendants
2
LAPIN & LEICHTLING, LLP, 1098 PACIFIC DUNES CT, DAYTONA BEACH, FLORIDA 32124 (305) 569-4100
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ACCOUNT #: 0801446691
NOTE
JANUARY 21, 1999
[Date] [City] wee) [State]
1745 NORTHWEST 165TH COURT ROAD, DUNNELLON, FL 34432
[Property Address]
1. BORROWER’S PROMISE TO PAY
In return for a loan that I have received,I promise to pay U.S. $ 72,900.00 (this amount is called
“principal"), plus interest, to the order of the Lender. The Lender is Alliance Funding Company,
Division of Superior Bank FSB
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest
at a yearly rate of 10.650 w.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described
in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 26th day of each month beginning on FEBRUARY 26 .
1999 I will make these payments every month until I have paid all of the principal and interest and any other
charges described below that I may owe under this Note. My monthly payments will be applied to interest before
principal. If, on JANUARY 26, 2029 , I still owe amounts under this Note, I will pay those amounts in full
on that date, which is called the "maturity date."
I will make my monthly payments at 135 CHESTNUT RIDGE ROAD
MONTVALE NJ 07645 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 675.03
4 BORROWER’S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only
is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will
use all of my prepayments to reduce the amount of principal that I owe under this Note. If [ make a partial
prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder
agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, the:
(i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii)
any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may
choose to make this refund by reducing the principal I 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.
6. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %
of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late
payment.
(B) Default
If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default.
enemas (GEN OFICEYO
f-De fault
If | am in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount
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. That date must at least 30 days after the date on which the notice
is delivered or mailed to me.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so ifI am in default at a later time.
ALKX
MULTISTATE FIXED RATE NOTE- Single Family - FNMA/FHLMC UNIFORM INSTRUMENT FORM 3200 12/83
NT3200A.USF [U/R 2/18/98] (Page 1 of2 Pages)
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‘ (E} Payment of Note Holder’s Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to bé paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if I give the Note Holder a notice 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 I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety
or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including
the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I 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 require the Note Holder to give notice to other persons that amounts due have not been
paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"),
dated the same date as this Note, protects the Note Holder from possible losses which might result ifI do not keep the
promises which J make in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the
Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or
transferred and Borrower is not a natural person) without Lender’s prior written consent, Lender may,
at its option, require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of
the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is delivered or mailed within
which Borrower must pay all sums secured by this Security Instrument. 1f 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.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Apte b_ CN
finess SAW DRA b- Conger Witness GC YNTHIA SO fale
bbrah_ (Seal) (Seal)
DEBORAH E FOULK Borrower Borrower
(Seal) (Seal)
a Borrower Borrower
(Seal) (Seal)
Borrower Borrower
(Sign Original Only)
LOAN ID: 0801446691
MULTISTATE FIXED RATE NOTE - Single Family - FNMA/FHLMC UNIFORM INSTRUMENT ALKY FORM 3200 12/83
NY3200A.USF [J/R 2/18/98] (Wage 2 of2 Pages)
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Pay to the order of
Without recourseing,
Alliance,
a Divifion ‘oh Superior Bank
FSB \
By
ONSet
Vice
joelli
sident
@ ACCOUNT #:0801446691
ADDENDUM TO FNMA NOTE
This ADDENDUM TO NOTE is made this 21st day of JANUARY , 1999
and is incorporated into and amends and supplements the Note, Adjustable Rate Note or Balloon Note of the
same date, and any extensions and renewals of that Note, given by the undersigned ("Borrower") to
Alliance Funding Company, Division of Superior Bank FSB ("Lender")¢"Note").
In addition to the agreements made in the Note, Borrower and Lender further agree as follows:
Balloon Payment Loan 0
If the box above has been checked, the following provisions are added to the Note
"THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE
LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU
WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS
THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE
THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY.
IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR
ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN
IF YOU OBTAIN REFINANCING FROM THE SAME LENDER."
The "Payments" section of the Note is amended by deleting the first sentence and replacing it with
the following language
"I will pay principal and interest by making payments every month, Each of my regular monthly
payments, except for the final payment, will be in the amount of U.S. $ N/A
Assuming all scheduled payments of principal and interest are made on their due dates, the final
payment will be U.S. $ N/A
The section of the Note entitled, "Borrower’s Promise to Pay, " is amended by adding the following
language after the first sentence: “Any amounts owed under the Security Instrument that is executed
in conjunction with this Note are and shall be part of the debt obligation under this Note.
If the Note is an adjustable rate Note, the section of the Note entitled, "Interest," is amended by
adding the following language at the end of the second sentence: "which, except for odd days’ interest,
if any, will be applied to a 360 day year consisting of 12 months with 30 days each. Interest will be
charged until the principal has been paid in full."
If the Note is an adjustable rate Note: a) the section of the Note entitled, "Payments" (A) "Time and
Place of Payments," is amended by deleting the sentence which reads, "My monthly payments will
be applied to interest before principal.” and replacing it with the following language: "Each of my
regular monthly payments will be applied first to amounts due for any escrows for taxes and insurance
under the Security Instrument, then to accrued and unpaid interest as if the payment is made on its due
date, regardless of when the payment is actually received and the remainder, if any, to the unpaid
principal balance. Any late charges, collection costs and expenses, dishonored check charges,
prepayment charges and payments made by the Note Holder to enforce this Note and/or to protect the
Note Holder’s interests under the Security Instrument will be assessed separately. This does not take
into account any payments for optional mortgage products that are charged to my account." and b) the
section of the Note entitled. "Interest Rate and Monthly Payment Changes" (D) "Limits on
Interest Rate Changes," %"is amended by adding the following language, "My interest rate will never
be less than N/A
If the Note is a fixed rate Note, the section of the Note entitled, "Time and Place of Payments" or
alternately "Payments, is amended bydeleting (if applicable) the sentence which reads, "My monthly
payments will be applied to interest before principal." and by adding the following language before
the sentence which contains the maturity date:
a “Bach-of my regular monthly payments will be applied first to amounts due for any escrows for taxes
and insurance under the Security Instrument, then to accrued and unpaid interest to the date of
payment and the remainder, if any, to the unpaid principal balance. Any late charges, collection costs
and expenses, dishonored check charges, prepayment charges and payments made by the Note Holder
to enforce this Note and/or to protect the Note Holder’s interests under the Security Instrument will
be assessed separately. This does not take into account any payments for optional mortgage products
that are charged to my account."
AMCS
MULTISTATE ADDENDUM TO 1ST2ND PAGE 1 OF 3 ANTO30A.USM
FNMA/FHLMC NOTE (5/8/98)
SUPERIOR
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6. Ax The section of the Note entitled, " "Borrower’s Right to Prepay" or alternately "Borrower's
Payments Before They Are Due, is amended by: a) adding to the end of the first sentence the
following language, ", but the Note Holder may apply any tendered payments first to any amounts then
due and owing under this Note or under the Security Instrument."; b) deleting the sentence which
states, "The Note Holder will use all of my prepayments to reduce the amount of principal that | owe
under this Note."; and c) adding after the final sentence the following language, "Except as provided
in the "Loan Charges" section (if any), the Note Holder earns any prepaid finance charge at the time
the loan is made and no part of it will be refunded ifI pay in full ahead of schedule."
If a prepayment charge is contracted in connection with this loan, the section of the Note ent led,
“Loan Charges" (if any) is amended by adding to the end of the final sentence the following
language, “without any prepayment charge."
In the State of Arizona, a provision is added to the Note as follows:
"Contracted for Rate of Interest. I agree to pay an effective contracted for rate of interest equal to
the interest rate as provided in this Note and the additional interest resulting from any Additional
Sums, The Additional Sums shall consist of all fees, charges, goods, things in action or other sums.
or things of value (other than interest as provided in this Note) paid or payable by me, whether
pursuant to this Note, the Security Instrument securing this Note or any other document or instrument
in any way pertaining to this loan, that may be deemed to be interest for the purpose of any law of
the State of Arizona that may limit the maximum amount of interest to be charged with respect to this
loan. The Additional Sums shall be deemed to be additional interest for the purposes of any such law
only."
The section of the Note entitled, "Late Charge for Overdue Payments," is amended by replacing
the word "overdue" in the second sentence with the word "scheduled." If the Note is a fixed rate Note,
after the final sentence add the following language, "Any late charge will be in addition to interest on
the then outstanding principal for each day the payment is late."
The sections of the Note entitled, "Notice of Default" and "Uniform Note," are amended by
changing the notice of default or acceleration to be at least 60 days if the loan is secured by a
secondary lien on real property in the State of Connecticut and at least 35 days if the loan is secured
by a lien on real property in the State of Oklahoma.
10, If this is an adjustable rate Note, then the subparagraph entitled, "Transfer of the Property or a
Beneficial Interest in Borrower," is amended by deleting the provisions relating to assumption of
the loan.
11 The section of the Note entitled, ‘Payment of Note Holder’s Costs and Expenses," is deleted in its
entirety and is replaced by the following language:
"If | default, whether or not the Note Holder has required 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. Those expenses include, for
example, reasonable attorneys’ fees, collection costs and expenses, servicing fees, and dishonored
check charges to the fullest extent not prohibited by applicable law.”
12. The section of the Note entitled, "Obligations/Responsibility of Persons Under This Note," is
amended by adding the following language to the end of the first sentence:
“plus the charges as described in the sections entitled, "Late Charges for Overdue Payments" and
"Payment of Note Holder’s Costs and Expenses," and to pay any other charges required in order
to close the loan."
13 In the State of Virgi ia, the first sentence in the section of the Note (Form 3200, 3260 or 3520)
entitled, "Waivers," is deleted and amended to read as follows:
" Land any other person who has obligations under this Note waive the rights of presentment and
notice of dishonor and waive the homestead exemption."
sae
14. A provision is added to the Note as follows:
"ADDITIONAL SERVICING FEES: In addition to charges specified elsewhere in this Note, in the
Security Instrument given to secure this Note, or in any other agreement in connection with this Note,
I agree to pay, to the fullest extent not prohibited by applicable law, the following if charged in
connection with this loan: any fees imposed by the Lender’s discharge or satisfaction of lien(s)
LOAN ID#:0801446691
MULTISTATE ADDENDUM TO 1ST/2ND PAGE 2 OF 3 AMCT ANTO30A.USM
FNMA/FHLMC NOTE (5/8/98)
SUPERIOR
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(whether upon payment in full, acceleration or maturity); payoff quotes/charges; delivery charges;
inspectiori fees and/or payment history charges."
15, A provision is added to the Note as follows:
"APPLICABLE LAW. This Note shall be governed by federal law and, to the extent not inconsistent
with or more restrictive than federal law or regulation governing the Lender, the laws of the
jurisdiction in which the property defined in the Security Instrument as the "Property" is located. In
the event of a conflict between any provision of this Note and any such law or regulation in effect as
of the date of this Note, such law or regulation shal! control to the extent of such conflict and the
conflicting provision contained in this Note shall be without effect. All other provisions of this Note
will remain fully effective and enforceable."
In the State of Minnesota, a provision is added to the Note as follows:
"The interest rate on a second mortgage loan is governed by Minnesota Statutes Section 47.20, 47.21
and 12 C.F. R. Section 560.110(b)."
16, If the box below has been checked, the section of the Note entitled, "Borrower’s Right to Prepay"
or alternately '"Borrower’s Payments Before They Are Due," deleted in its entirety and replaced
with the following, language:
Ix] "BORROWER’S RIGHT TO PREPAY; PREPAYMENT CHARGE. I have the right to make
payments of principal at any time before they are due, but the Note Holder may apply any tendered
payments first to any amounts then due and owing under this Note or under the Security instrument
and then to principal not yet due. A payment of pri pal only is known as a "prepayment." A
prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part
of the unpaid principal is known as a “partial prepayment."
IfI make a partial prepayment and this Note is a fixed rate Note, there will be no changes in the due
dates or amounts of my monthly payments unless the Note Holder agrees in writing to those changes.
If | make a partial prepayment and this Note is an adjustable rate Note, there will be no changes in
the due dates or amounts of my subsequent scheduled monthly payments until the first payment due
after the first Change Date following my partial prepayment unless the Note Holder agrees in writing
to those changes. If this Note is an adjustable rate Note, my partial prepayment may reduce the
amount of my monthly payments after the first Change Date following my partial prepayment, but any
such reduction may be offset by an interest rate increase. If the aggregate amount of principal prepaid
in any twelve (12) month period exceeds twenty percent (20%) of the original principal amount of this
Note during the first three (3) years commencing from the date of this Note, then as consideration for
the acceptance of such prepayment, and in addition to any other sum payable hereunder, | agree to pay
to the Note Holder a prepayment charge equal to five percent (5%) of the total amount prepaid. I will
pay this prepayment charge whether prepayment is voluntary or the result of acceleration due to my
default under this Note or the Security Instrument. Except as provided in the section entitled, "Loan
Charges," the Note Holder earns any prepaid finance charge at the time the loan is made and no part
of it will be refunded if I pay in full ahead of schedule."
17, If the Note is assigned or transferred, all or a portion of this Addendum to Note may be voided at the
option of the assignee or transferee. Any terms and provisions of the Addendum to Note which are
voided will be governed by the original terms and provisions of the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provi ions contained in this
Addendum to Note.
ah E Guth. (Seal) (Seal)
DEBORAH E FOULK Borrower Borrower
(Seal) (Seal)
Borrower Borrower
(Seal) (Seal)
Borrower Borrower
LOAN ID#:0801446691
MULTISTATE ADDENDUM TO 1ST/2ND. PAGE 3 OF 3 AMCU ANTO30A.USM
FNMA/FHLMC NOTE (5/8/98)
SUPERIOR
FIO
~
BNIS ° DAVID R.~
ELLSPERMANN, CLERK OF CIRCUIT courT
8
. pes oF O 40 FILE: SPOoCasar
+ oR DATE: 02/01/99 Abs17
OR BOOK/PAGE: S601 "12a
RETURN TO
ADVANCE HOMESTEAD MARION COUNTY
TITLE
1203 SW 12th STREET
OCALA, FL 34474 Hortgage Doc Stamps 255.15 PAID
Intangible Tax 145.80 PAID
wo ‘This Mortgage was prepared by: (Ytrwm Holst
(Print, type or stamp Name ani P.O. Address) 02/01/99 MARION COURTY GPnoran/
b )
se oY MONTVALE NJ 07645
ACCOUNT #: 0801446691
MORTGAGE
WW y aq
THIS MORTGAGE ("Security Instrument") is givenon JANUARY 21, 1999 . ‘The mortgagor
‘SeBORAH E FOULK, A SINGLE WOMAN
("Borrower").
This Security Instrument is given to Alliance Funding Company,
Division o Superior Bank FSB
which is organized and existing under the laws of The United States , and whose address is
135 CHESTNUT RIDGE ROAD, MONTVALE, NJ 07645
("Lender"). Borrower owes Lender the principal sum of
SEVENTY-TWO THOUSAND NINE HUNDRED AND NO/100 Dollars
(U.S. $ 72,900.00 ) This debt is evidenced by Borrower’s note dated the same date as this
Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due
and payable on JANUARY 26, 2029 This Security Instrument secures to Lender: (a) the repayment
of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note;
(b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this
Security Instrument; and (c) the performance of Borrower’s covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the
following described property located in MARTON County, Florida:
If this box is checked see Schedule A annexed hereto and made a part hereof.
which has the address of 1745 NORTHWEST 165TH COURT ROAD
[Street]
DUNNELLON » Florida 34432 ("Property Address");
[City] [Zip Code]
In accordance with the rulings of the Florida Department of Revenue, the Documentary Stamp Tax
and Intangible Tax should be calculated on $ 72,900.00 , the amount financed in this transaction.
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereaftera part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
“Property.”
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally
the title to the Property against all claims
and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay
when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges
due under the Note.
ALMF
FLORIDA. Single Family - FNMA/FHLMC UNIFORM INSTRUMENT. Form 3010 9/90 (page 1of 6 pages)
MG3010A.FLM [V/R 1/26/98]
FILE: FSOCSasSa7
e OR BOOK / PAC QE GOT Ha SS te
2 of ib
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,
Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in
full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security
Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any;
(c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly
mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with
the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called
"Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum
amount a lender for a federally related mortgage loan may require for Borrower’s escrow account under the
federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601
et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any
time, collect and hold Funds in the amount not to exceed the lesser amount. Lender may estimate the amount
of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or
otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall
apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the
Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower
interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require
Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in
connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable
law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the
Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the
Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional
security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall
account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount
of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so
notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up
the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at the
Lender’s sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender,
prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition
or sale as a credit against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by
Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second,
toamounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late
charges due under the Note.
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable
to the Property which may attain priority over this Security Instrument, and leasehold payments or ground
rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in
that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly
furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments
directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal
proceedings which in the Lender’s opinion operate to prevent the enforcement of the lien; or (¢) secures from
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.
If Lender determines that any part of the Property is subject to a lien which may attain priority over this
Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien
or take one or more of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and
any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be
maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the
insurance shall be chosen by Borrower subject to Lender’s approval which shall not be unreasonably withheld.
If Borrower fails to maintain coverage described above, Lender may, at Lender’s option, obtain coverage to
protect Lender’s rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage
clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall
promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall
give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly
by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration
or repair of the Property damaged, if the restoration or repair is economically feasible and Lender’s security
is not lessened. If the restoration or repair is not economically feasible or Lender’s security would be lessened,
LOAN ID: 0801446691
FLORIDA- Single Family - FNMA/FHLMC UNIFORM INSTRUMENT. ALMG Form 3010 9/90 (page 2 of 6 pages)
MG3010A.FLM [U/R 1/26/98]
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the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then
cue, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the
insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by
this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in wri g, any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the
amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower’s right to any
insurance policies and proceeds resulting from damage to the Property pr to the acquisition shall pass to
Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower
Preview
IN THE CIRCUIT COURT OF THE 5™ JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA Case No. 2022-CA-001961 US. BANK TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE AFC MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 1999-1, Plaintiff, Vv. STEPHEN SPOUSE ERIC DOBER; OF DEBORAH UNKNOWN E. FOULK; Alig gS a UNKNOWN SPOUSE OF STEPHEN ERIC DOBER; UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY, Defendants, / PLAINTIFF’S NOTICE OF FILING ORIGINAL NOTE AND MORTGAGE Pursuant to the Stipulation of Settlement, filed August 8, 2023, Plaintiff U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN- INTEREST TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE AFC MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 1999-1 gives notice of filing the original note and mortgage with the Court. WE HEREBY CERTIFY that the Original Note and Original Mortgage were sent to the Clerk of Courts this August 10, 2023, via FedEx. LAPIN & LEICHTLING, LLP, 1098 PACIFIC DUNES CT, DAYTONA BEACH, FLORIDA 32124 (305) 569-4100 CASE NO.: 2022-CA-001961 Respectfully submitted, LAPIN & LEICHTLING, LLP Attorneys for Trust 1098 Pacific Dunes Ct Daytona Beach, Florida 32124 Telephone No.: (305) 569-4100 Facsimile No.: (305) 569-0000 By: __/s/ Jan Timothy Williams JAN TIMOTHY WILLIAMS Florida Bar No.: 92604 JWilliams@LL-lawfirm.com eservice@LL-lawfirm.com SERVICE LIST Adam G. Russo, Esq. MYERS, EICHELBERGER & RUSSO, P.L. 5750 Major Blvd., Ste. 250 Orlando, FL 32819 Phone: (407) 926-2455 adam@themelawfirm.com Counsel for Defendants 2 LAPIN & LEICHTLING, LLP, 1098 PACIFIC DUNES CT, DAYTONA BEACH, FLORIDA 32124 (305) 569-4100 @ ACCOUNT #: 0801446691 NOTE JANUARY 21, 1999 [Date] [City] wee) [State] 1745 NORTHWEST 165TH COURT ROAD, DUNNELLON, FL 34432 [Property Address] 1. BORROWER’S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S. $ 72,900.00 (this amount is called “principal"), plus interest, to the order of the Lender. The Lender is Alliance Funding Company, Division of Superior Bank FSB I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 10.650 w. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 26th day of each month beginning on FEBRUARY 26 . 1999 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on JANUARY 26, 2029 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at 135 CHESTNUT RIDGE ROAD MONTVALE NJ 07645 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 675.03 4 BORROWER’S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If [ make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, the: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I 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. 6. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. enemas (GEN OFICEYO f-De fault If | am in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount 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. That date must at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so ifI am in default at a later time. ALKX MULTISTATE FIXED RATE NOTE- Single Family - FNMA/FHLMC UNIFORM INSTRUMENT FORM 3200 12/83 NT3200A.USF [U/R 2/18/98] (Page 1 of2 Pages) @ @ ‘ (E} Payment of Note Holder’s Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to bé paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice 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 I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I 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 require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result ifI do not keep the promises which J make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender’s prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. 1f 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Apte b_ CN finess SAW DRA b- Conger Witness GC YNTHIA SO fale bbrah_ (Seal) (Seal) DEBORAH E FOULK Borrower Borrower (Seal) (Seal) a Borrower Borrower (Seal) (Seal) Borrower Borrower (Sign Original Only) LOAN ID: 0801446691 MULTISTATE FIXED RATE NOTE - Single Family - FNMA/FHLMC UNIFORM INSTRUMENT ALKY FORM 3200 12/83 NY3200A.USF [J/R 2/18/98] (Wage 2 of2 Pages) @ Pay to the order of Without recourseing, Alliance, a Divifion ‘oh Superior Bank FSB \ By ONSet Vice joelli sident @ ACCOUNT #:0801446691 ADDENDUM TO FNMA NOTE This ADDENDUM TO NOTE is made this 21st day of JANUARY , 1999 and is incorporated into and amends and supplements the Note, Adjustable Rate Note or Balloon Note of the same date, and any extensions and renewals of that Note, given by the undersigned ("Borrower") to Alliance Funding Company, Division of Superior Bank FSB ("Lender")¢"Note"). In addition to the agreements made in the Note, Borrower and Lender further agree as follows: Balloon Payment Loan 0 If the box above has been checked, the following provisions are added to the Note "THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER." The "Payments" section of the Note is amended by deleting the first sentence and replacing it with the following language "I will pay principal and interest by making payments every month, Each of my regular monthly payments, except for the final payment, will be in the amount of U.S. $ N/A Assuming all scheduled payments of principal and interest are made on their due dates, the final payment will be U.S. $ N/A The section of the Note entitled, "Borrower’s Promise to Pay, " is amended by adding the following language after the first sentence: “Any amounts owed under the Security Instrument that is executed in conjunction with this Note are and shall be part of the debt obligation under this Note. If the Note is an adjustable rate Note, the section of the Note entitled, "Interest," is amended by adding the following language at the end of the second sentence: "which, except for odd days’ interest, if any, will be applied to a 360 day year consisting of 12 months with 30 days each. Interest will be charged until the principal has been paid in full." If the Note is an adjustable rate Note: a) the section of the Note entitled, "Payments" (A) "Time and Place of Payments," is amended by deleting the sentence which reads, "My monthly payments will be applied to interest before principal.” and replacing it with the following language: "Each of my regular monthly payments will be applied first to amounts due for any escrows for taxes and insurance under the Security Instrument, then to accrued and unpaid interest as if the payment is made on its due date, regardless of when the payment is actually received and the remainder, if any, to the unpaid principal balance. Any late charges, collection costs and expenses, dishonored check charges, prepayment charges and payments made by the Note Holder to enforce this Note and/or to protect the Note Holder’s interests under the Security Instrument will be assessed separately. This does not take into account any payments for optional mortgage products that are charged to my account." and b) the section of the Note entitled. "Interest Rate and Monthly Payment Changes" (D) "Limits on Interest Rate Changes," %"is amended by adding the following language, "My interest rate will never be less than N/A If the Note is a fixed rate Note, the section of the Note entitled, "Time and Place of Payments" or alternately "Payments, is amended bydeleting (if applicable) the sentence which reads, "My monthly payments will be applied to interest before principal." and by adding the following language before the sentence which contains the maturity date: a “Bach-of my regular monthly payments will be applied first to amounts due for any escrows for taxes and insurance under the Security Instrument, then to accrued and unpaid interest to the date of payment and the remainder, if any, to the unpaid principal balance. Any late charges, collection costs and expenses, dishonored check charges, prepayment charges and payments made by the Note Holder to enforce this Note and/or to protect the Note Holder’s interests under the Security Instrument will be assessed separately. This does not take into account any payments for optional mortgage products that are charged to my account." AMCS MULTISTATE ADDENDUM TO 1ST2ND PAGE 1 OF 3 ANTO30A.USM FNMA/FHLMC NOTE (5/8/98) SUPERIOR we @ e 6. Ax The section of the Note entitled, " "Borrower’s Right to Prepay" or alternately "Borrower's Payments Before They Are Due, is amended by: a) adding to the end of the first sentence the following language, ", but the Note Holder may apply any tendered payments first to any amounts then due and owing under this Note or under the Security Instrument."; b) deleting the sentence which states, "The Note Holder will use all of my prepayments to reduce the amount of principal that | owe under this Note."; and c) adding after the final sentence the following language, "Except as provided in the "Loan Charges" section (if any), the Note Holder earns any prepaid finance charge at the time the loan is made and no part of it will be refunded ifI pay in full ahead of schedule." If a prepayment charge is contracted in connection with this loan, the section of the Note ent led, “Loan Charges" (if any) is amended by adding to the end of the final sentence the following language, “without any prepayment charge." In the State of Arizona, a provision is added to the Note as follows: "Contracted for Rate of Interest. I agree to pay an effective contracted for rate of interest equal to the interest rate as provided in this Note and the additional interest resulting from any Additional Sums, The Additional Sums shall consist of all fees, charges, goods, things in action or other sums. or things of value (other than interest as provided in this Note) paid or payable by me, whether pursuant to this Note, the Security Instrument securing this Note or any other document or instrument in any way pertaining to this loan, that may be deemed to be interest for the purpose of any law of the State of Arizona that may limit the maximum amount of interest to be charged with respect to this loan. The Additional Sums shall be deemed to be additional interest for the purposes of any such law only." The section of the Note entitled, "Late Charge for Overdue Payments," is amended by replacing the word "overdue" in the second sentence with the word "scheduled." If the Note is a fixed rate Note, after the final sentence add the following language, "Any late charge will be in addition to interest on the then outstanding principal for each day the payment is late." The sections of the Note entitled, "Notice of Default" and "Uniform Note," are amended by changing the notice of default or acceleration to be at least 60 days if the loan is secured by a secondary lien on real property in the State of Connecticut and at least 35 days if the loan is secured by a lien on real property in the State of Oklahoma. 10, If this is an adjustable rate Note, then the subparagraph entitled, "Transfer of the Property or a Beneficial Interest in Borrower," is amended by deleting the provisions relating to assumption of the loan. 11 The section of the Note entitled, ‘Payment of Note Holder’s Costs and Expenses," is deleted in its entirety and is replaced by the following language: "If | default, whether or not the Note Holder has required 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. Those expenses include, for example, reasonable attorneys’ fees, collection costs and expenses, servicing fees, and dishonored check charges to the fullest extent not prohibited by applicable law.” 12. The section of the Note entitled, "Obligations/Responsibility of Persons Under This Note," is amended by adding the following language to the end of the first sentence: “plus the charges as described in the sections entitled, "Late Charges for Overdue Payments" and "Payment of Note Holder’s Costs and Expenses," and to pay any other charges required in order to close the loan." 13 In the State of Virgi ia, the first sentence in the section of the Note (Form 3200, 3260 or 3520) entitled, "Waivers," is deleted and amended to read as follows: " Land any other person who has obligations under this Note waive the rights of presentment and notice of dishonor and waive the homestead exemption." sae 14. A provision is added to the Note as follows: "ADDITIONAL SERVICING FEES: In addition to charges specified elsewhere in this Note, in the Security Instrument given to secure this Note, or in any other agreement in connection with this Note, I agree to pay, to the fullest extent not prohibited by applicable law, the following if charged in connection with this loan: any fees imposed by the Lender’s discharge or satisfaction of lien(s) LOAN ID#:0801446691 MULTISTATE ADDENDUM TO 1ST/2ND PAGE 2 OF 3 AMCT ANTO30A.USM FNMA/FHLMC NOTE (5/8/98) SUPERIOR ‘ " @ @ (whether upon payment in full, acceleration or maturity); payoff quotes/charges; delivery charges; inspectiori fees and/or payment history charges." 15, A provision is added to the Note as follows: "APPLICABLE LAW. This Note shall be governed by federal law and, to the extent not inconsistent with or more restrictive than federal law or regulation governing the Lender, the laws of the jurisdiction in which the property defined in the Security Instrument as the "Property" is located. In the event of a conflict between any provision of this Note and any such law or regulation in effect as of the date of this Note, such law or regulation shal! control to the extent of such conflict and the conflicting provision contained in this Note shall be without effect. All other provisions of this Note will remain fully effective and enforceable." In the State of Minnesota, a provision is added to the Note as follows: "The interest rate on a second mortgage loan is governed by Minnesota Statutes Section 47.20, 47.21 and 12 C.F. R. Section 560.110(b)." 16, If the box below has been checked, the section of the Note entitled, "Borrower’s Right to Prepay" or alternately '"Borrower’s Payments Before They Are Due," deleted in its entirety and replaced with the following, language: Ix] "BORROWER’S RIGHT TO PREPAY; PREPAYMENT CHARGE. I have the right to make payments of principal at any time before they are due, but the Note Holder may apply any tendered payments first to any amounts then due and owing under this Note or under the Security instrument and then to principal not yet due. A payment of pri pal only is known as a "prepayment." A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a “partial prepayment." IfI make a partial prepayment and this Note is a fixed rate Note, there will be no changes in the due dates or amounts of my monthly payments unless the Note Holder agrees in writing to those changes. If | make a partial prepayment and this Note is an adjustable rate Note, there will be no changes in the due dates or amounts of my subsequent scheduled monthly payments until the first payment due after the first Change Date following my partial prepayment unless the Note Holder agrees in writing to those changes. If this Note is an adjustable rate Note, my partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment, but any such reduction may be offset by an interest rate increase. If the aggregate amount of principal prepaid in any twelve (12) month period exceeds twenty percent (20%) of the original principal amount of this Note during the first three (3) years commencing from the date of this Note, then as consideration for the acceptance of such prepayment, and in addition to any other sum payable hereunder, | agree to pay to the Note Holder a prepayment charge equal to five percent (5%) of the total amount prepaid. I will pay this prepayment charge whether prepayment is voluntary or the result of acceleration due to my default under this Note or the Security Instrument. Except as provided in the section entitled, "Loan Charges," the Note Holder earns any prepaid finance charge at the time the loan is made and no part of it will be refunded if I pay in full ahead of schedule." 17, If the Note is assigned or transferred, all or a portion of this Addendum to Note may be voided at the option of the assignee or transferee. Any terms and provisions of the Addendum to Note which are voided will be governed by the original terms and provisions of the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provi ions contained in this Addendum to Note. ah E Guth. (Seal) (Seal) DEBORAH E FOULK Borrower Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower LOAN ID#:0801446691 MULTISTATE ADDENDUM TO 1ST/2ND. PAGE 3 OF 3 AMCU ANTO30A.USM FNMA/FHLMC NOTE (5/8/98) SUPERIOR FIO ~ BNIS ° DAVID R.~ ELLSPERMANN, CLERK OF CIRCUIT courT 8 . pes oF O 40 FILE: SPOoCasar + oR DATE: 02/01/99 Abs17 OR BOOK/PAGE: S601 "12a RETURN TO ADVANCE HOMESTEAD MARION COUNTY TITLE 1203 SW 12th STREET OCALA, FL 34474 Hortgage Doc Stamps 255.15 PAID Intangible Tax 145.80 PAID wo ‘This Mortgage was prepared by: (Ytrwm Holst (Print, type or stamp Name ani P.O. Address) 02/01/99 MARION COURTY GPnoran/ b ) se oY MONTVALE NJ 07645 ACCOUNT #: 0801446691 MORTGAGE WW y aq THIS MORTGAGE ("Security Instrument") is givenon JANUARY 21, 1999 . ‘The mortgagor ‘SeBORAH E FOULK, A SINGLE WOMAN ("Borrower"). This Security Instrument is given to Alliance Funding Company, Division o Superior Bank FSB which is organized and existing under the laws of The United States , and whose address is 135 CHESTNUT RIDGE ROAD, MONTVALE, NJ 07645 ("Lender"). Borrower owes Lender the principal sum of SEVENTY-TWO THOUSAND NINE HUNDRED AND NO/100 Dollars (U.S. $ 72,900.00 ) This debt is evidenced by Borrower’s note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JANUARY 26, 2029 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower’s covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in MARTON County, Florida: If this box is checked see Schedule A annexed hereto and made a part hereof. which has the address of 1745 NORTHWEST 165TH COURT ROAD [Street] DUNNELLON » Florida 34432 ("Property Address"); [City] [Zip Code] In accordance with the rulings of the Florida Department of Revenue, the Documentary Stamp Tax and Intangible Tax should be calculated on $ 72,900.00 , the amount financed in this transaction. TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereaftera part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. ALMF FLORIDA. Single Family - FNMA/FHLMC UNIFORM INSTRUMENT. Form 3010 9/90 (page 1of 6 pages) MG3010A.FLM [V/R 1/26/98] FILE: FSOCSasSa7 e OR BOOK / PAC QE GOT Ha SS te 2 of ib 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower’s escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in the amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at the Lender’s sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, toamounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender’s opinion operate to prevent the enforcement of the lien; or (¢) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender’s approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender’s option, obtain coverage to protect Lender’s rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender’s security is not lessened. If the restoration or repair is not economically feasible or Lender’s security would be lessened, LOAN ID: 0801446691 FLORIDA- Single Family - FNMA/FHLMC UNIFORM INSTRUMENT. ALMG Form 3010 9/90 (page 2 of 6 pages) MG3010A.FLM [U/R 1/26/98] FIL! FRUCOCasay te © OR BOOE é S604 "“Le685 B of 1h the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then cue, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in wri g, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower’s right to any insurance policies and proceeds resulting from damage to the Property pr to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower