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Filing # 166883431 E-Filed 02/15/2023 03:46:20 PM
IN THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR BAKER COUNTY, FLORIDA
CROSSCOUNTRY MORTGAGE, LLC
Plaintiff(s), CASE NO.:
vs,
TARA WADE; UNKNOWN SPOUSE OF TARA WADE;
UNITED STATES OF AMERICA; LAKES AT
WOODLAWN HOMEOWNERS ASSOCIATION, INC.;
THE UNKNOWN TENANT IN POSSESSION,
Defendant(s).
L
ERIFIED COMPLAINT TQ FORECLOSE MORTGAGE
COMES NOW the Plaintiff, CROSSCOUNTRY MORTGAGE, LLC, by and through the
undersigned legal counsel, and sues Defendants, TARA WADE; UNKNOWN SPOUSE OF TARA
WADE; UNITED STATES OF AMERICA; LAKES AT WOODLAWN HOMEOWNERS
ASSOCIATION, INC.; THE UNKNOWN TENANT IN POSSESSION, and as grounds therefor, states:
1 This is an action to foreclose a mortgage on real property located in Baker County,
Florida. Plaintiff is holder of the note secured by the Mortgage. The Plaintiff is registered in the State of
Florida or is otherwise authorized to do business in the State of Florida.
2. On or about May 26, 2021, TARA WADE executed and delivered a note in the original
principal amount of $256,173.00 in favor of CROSSCOUNTRY MORTGAGE, LLC. On or about May
26, 2021, TARA WADE executed and delivered a Mortgage securing payment of the Note in favor of
Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for CrossCountry Mortgage,
LLC, its successors and assigns, which was secured by real property described in the mortgage,
together with all existing and future improvements, fixtures and structures. The property, which is
described as follows:
TDP File No. 22-010890
Electronically Filed Baker Case # 23000016CAMXAX 02/15/2023 03:46:20 PM
LOT 96, LAKES AT WOODLAWN, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 4, PAGES 26 THROUGH 30, INCLUSIVE, OF THE PUBLIC
RECORDS OF BAKER COUNTY, FLORIDA
3. The mortgage was recorded on June 4, 2021 in Official Records Instrument Number
202100004143 of the Public Records of Baker County, Florida. A copy of the note and mortgage are
attached hereto and made a part hereof as Composite Exhibit “A.”
4. CROSSCOUNTRY MORTGAGE, LLC is the holder of the note and mortgage and
acquired its status as holder prior to instituting this action.
5. Plaintiff has performed its obligations as required by the note and mortgage described
above and there has been a default under the terms of the note and mortgage due to a failure to make
the payment due on July 1, 2022, and all subsequent payments. Plaintiff provided the appropriate
Notice of Default and Right to Cure as required by the mortgage, if any, prior te initiating this action. A
copy of the Notice of Default and Right to Cure is attached hereto as Exhibit “B.”
6. Plaintiff declares the full amount payable under the note and morcgage to be due.
7. Plaintiff has performed all conditions precedent to bring this action as required by law
and the terms of the note and mortgage.
8. There is owed the principal sum of $251,256.74, plus interest from June 1, 2022, plus
any and all late fees, unpaid property taxes, force-placed insurance, unpaid legal fees and costs, and
other related loan items,
9. TARA WADE appears to own the subject property by virtue of that certain Warranty
Deed dated May 26, 2021 and recorded on June 4, 2021 in Official Records Instrument Number
202100004142 of the Public Records of Baker County, FL. Any interest so claimed is inferior to that of
Plaintiff.
TDP File No, 22-010890
10. UNKNOWN SPOUSE OF TARA WADE may claim an interest in the subject property
by virtue of marriage to TARA WADE and occupancy of the subject property, but any interest so
claimed is inferior to that of Plaintiff.
il. LAKES AT WOODLAWN HOMEOWNERS ASSOCIATION, INC. may claim an
interest in the subject property by virtue of any unpaid condominium or association fees and dues, but
any interest so claimed is inferior to that of Plaintiff.
12, UNITED STATES OF AMERICA may claim an interest in the subject property by virtue
of that certain Junior Mortgage dated March 29, 2022, and recorded on May 11, 2022 in Official
Records Book 202200003134, of the Public Records of Baker County, Florida, but any interest so
claimed is inferior to that of Plaintiff. A copy of the referenced Junior Mortgage is attached hereto as
Exhibit "C.”
13. THE UNKNOWN TENANT IN POSSESSION may claim an interest in the subject
property by virtue of occupancy or possession of the subject property, but any interest so claimed is
inferior to that of Plaintiff.
14. Plaintiff has been required to expend sums for a title search to ascertain the proper
parties to this action and additional costs have been or may be incurred and will be due and owing at
the time of the final judgment.
15. Plaintiff has retained the services of Padgett Law Group, to represent it in this matter and is
obligated to pay it a reasonable fee for its services.
WHEREFORE, Plaintiff respectfully requests:
1 That this Court enter a judgment foreclosing the Defendants’ interest in the property made
the subject of the mortgage:
That this Court award Plaintiff its costs and attorneys’ fees in connection with this action as
provided by the mortgage;
Page 3
TDP File No. 22-010890
3. That this Court award to Plaintiff such additional relief as it may deem proper.
'LA.R.CTV. 15(e)
VERIFICATION OF COMPLAINT
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged therein
are true and correct to the best of my knowledge and belief.
Date: 2p leer
By:
ZT
Name: Christopher Miranda
Title: Vice President
CROSSCOUNTRY MORTGAGE, LLC,
Plaintiff
Respectfully submitted this the 14th day o
f February
, 2023.
Hua Vip ie
PADGETT LAW GROUP
GINA VARGAS
Florida Bar #84149
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 32312
(850) 422-2520 {telephone}
(850) 422-2567 (facsimile)
attomey@padgettlawgroup.com
Attorney for Plaintiff
Pursuant to the Fla. R. Jud. Admin. 2.516, the above signed counsel for Plaintiff designates
attomey@padgettlaw.net as its primary e-mail address for service, in the above styled matter, of all
pleadings and documents required to be served on the parties.
TDP File No 22-010890
ofan. som cw cate ee ee mes son ~-
Composite abibit "Ar
‘
a
NOTE
Brecksville, Ohio
{state]
AeRS wime
s vei wAeeL: say SBOR
ORO
op aah
1 WER'S PROMISETO PAY 258, a
urn for a toan that {have received, {promise1pPas ae ant oeiegtathis ited
amount
is cated “Princip:
‘Liability Company.
pus sto
i to noord ne Lend Tho Lend
"mal al ese nts‘he undar this Nots In the form af cash, check or maney order,
Lender may transfer this Nota, The Lender or anyone who takes this Note by transfer and who
is enliled to receive payments under this Note is cafed the “Note Holder”
2. INTEREST
Inter vl be charges en unpaid pntpal unl he ul amount of Pcp has bean pal. ‘will pay inlerest at a
yoarlyThe lnttest rate required! by this Sesion 2 f the rat 1 wil pay bth before and after any defaut desstibad in
‘Section (8) ofthis
3. PAN
a Ime and Place of Payments
|v pay pcp and aes making a payment every month. Jil make these
‘paymontan the 1st ay ofeach mont beghing on July 4,202.
ayn every ont urd Pave pal al of te prc ‘and interest and any fow that | may
‘owe under this Note Eaoh manly payment fl ise vance de rv bo apie Pre td
any other tems in the fer desorbedin f,on June1, 205%,
srtourtd under bts Not wit pay ose amounts allan at al, weve cated to" Muy Ona!
' will make my monthly paymentsat 6850 Miller Road
Brockevile, OH 44144
oF ata diferent place if required by the Nota Hole
8 Amountof Monthly Payments
thly payment wil bo the amount of US. $1,250.33,
4 .WER’S RIGHTTO PREPAY
the rightto make payrans of Principal al anytime betore they are due.A payment of Principe ony is wn
"When | make a Prepayment, tel ho Note Holden wring tall am doing so may not
‘a Prepayment If have not made all the monthly payments due under the
my makea ull Prepayment or Prepayments without paying * Popaymon charge.The Note oer
my Preayments to raduce the amount of Principal ‘that | owe under this Note, However, the Note Holdec may
jount, before applying my Prepaymentio oe the
Pro to the accruedar inlereston the Prepayment amount,
Principal amount of the Note. Ii! maa a-partat 3 , there will be no changes in the due date or in tha amount
oimy nthly payment untess the Note Holder agrees in writing to those chenges.
5. LOAN GHAR(
Haw wich apis to ton and which at maxim lan args, tay leprae oa he nest
loan charges collectedor Inconnection with this loan exceed the permitted limits, then: (a) any
Suen tan charge shal bs recusse by the amourl nacesearyto raduoe the charge to the permed lis ar (0) any
‘sums already collected from me which extzeded permited limits wil be refundad to me. The Note Holder may choose to
‘make this refund by reducingthe Frincipal | owe under this Note or by making a cect payment tome. farefund reduces
Princip the reduction willbe treated as a partial Prepayment,
8. BORROWER'S FALLRETO PAY AS REQUIRED
for Overdue Pay
yi Nowe Heder ae tel onsidefl amount of any monty yet by te and of 8 calendar days afr
itis due wil pay alate charge to the Note Holder. The emountofthe chargewil be 4.000 % of my overdve
aymert of princi! and iferes.| al pay slate charge prompty bu ony nceen each
|
If do not pay the {ull amount of sach monthly payment on the dato itis due, | wil be In default.
Notice of Default
iam in geaut th Note Holder may sand me awitan note feng me that | do rt pay Tne overcue emount
by a certain data, t ‘may require moto immediately the full amount of Principal which has not been
243 halal te ores hat one on at amount Thatas se must be at least 20 days after the date on which the notice
is mailed 1o me or delivered by other means,
FLORIQA FIXED RATE NOTE Single Famty~ Fannie MatiFreésic
Mae UNIFORM! INSTRUMENT Form 3210 101
Modi for FHA 9/5 Jou 2
Ee ee Page 1 of2 HASOENOT
1 spate nso AM (CLS)
PST
The
|
af. .
os
{0} No Walver By Noto Haider does nat raquira me to pay immetéately 9 tub as dascribad
Even’, ata ting when ! am in dit, the Nota Holder
above th Note , Holder wil iil have the right do soi | am in Goku at later tine.
Payment of Note Holder's Costs and Expensas,
we described above, the Note Hold
in fu8 atoly wil have the ight
Ifthe Nats Hobdorhas requited ma to pay lw smaci oarg he ‘Note to the extent nol prohibited by appleabie
4o be paid back by ma for al of ts costs and expenses ‘afore in aniacing
‘aw. Those expenses include, for xa
anu fable law roquices a at notice thal must be given to mo under thie Note wil ba given
by delivering i or by mafing it by frat clas36 mall 1 mo at the Properly Address above or at a dillerent adrane fT give
the Note Molder a notice of my to the Nota Hoider under this Note
t
olen delivering it or by mailing it by fest
263 mailto the Note Holder al the adcrass statod in Section S(A) above or at 2 a oct ‘address
thal mut bo given’ tT am givon a netice
cof thati
3. OBLIGATIONS OF PERSONS UNDER THE: NOTE. ‘pereon is fully and personallyabl qari, 1d 10 kage all of the promises
it rare than one aigna this idl amount owed. Any person vO sty of edorar
‘made in thie Noto, ag the promise | aks over those:
‘of this Nate is alsa obligutad to co hese. ‘of the promises mace in this Nate. The Note:
of a guaractor, f, autoly of encore ‘his Nota, is nloo obligated1
Holder ay8 ‘anforaa Ne rights under this Note against aach person ty agus alo we together This means
that any one.-of us may ba required to pay all of te amounis owed under
9. WAWERS
‘and ary other paroon who has obigtions undae this Note waive the rights: of‘ofPrena nimen t of Dishonoc
and Notice
ampunts due. “Notice of Dishonor
“procontment” moans the right 10 require tho Nate Holder to domand pe ayment ‘thet amounts due have nel bes pac.
means the ight 1 require the Note Holdar to give notion o other persons
10. UNIFORM SECURED NOTE
Thig Nola fg @ uniform instrument wip fied vartations in somo ictions, th adkdition to the aratections
fete
to the Note Holger under this Note, a Morigaga, Dass of Trust, ‘or Sucurity Deed
‘ight (thereault i | do not keep the promises
sure dete ae this ia tho Note Hokder from posatait I may be racuir to make
ed
‘which | mas in this Nove. Thal: ‘Seourty instramont describes what conditions
Row ‘and under conditions are davaribed 65
immedite pa Ip ful of a amounts Towd under fie Nota, Some of ‘sold thove or it Bocower is rol a
o¢ anstorrad
{fail or any part of na Propartyoc Injoreatin tho Propertyie want fenders prior writon consent,
‘hata person and a bonetcia interaat in 1g cold of ranstorred However, this
immediate paym
‘Tay soquire exercised of a sures
in fullent ty
sf pion shal I not be by Lender i cuch exercise is prohibi ted ‘The notice shall provige
by Applioable
W Lender exercies fe Borrower notice of accaleragion.
«8 pariad of not lass than 20 days from ihe date the netics Is given1 inBorrowar agcordanecs with Section 14 win shits
isvatica
thust pay ail gums securedby
‘of this period,Lisade
or demand on
y Inetrument. fata to pay thege sume prior fo the
ty ‘wok any ramadios, pormited by this Security instrument witout tu-ther
1%. DOCUMENTARY TH
he state documentary tax due on this Nove has beon pafd on the martgage securing this indebtedness.
WITNESS THE HAND(S} AND SEAL(S) OF THE Ut SIGN
ous! bse! eal)
Lender: CroasCountry Mortgage, LLS
AALS1D: 30:
Loan Onginator: Bratt ving Gains
NLS 10:
{Sign Original Only}
NOTE ~ Siege Fay ~ Fane Maarodse Mee UNIFORS STRUMENT Foe 32¥0 Vt
feaciaran BeATE eA 2h Page 202 sAIROCRLNT_190
tieaa
esiaaraogt 0 AM PST
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2
[
.
ALLONGE
on sn
nan Date: 05/26/2022
Borrower(s}: Tora Wade
Property Address: $879 CROSBY LAKE WAY E, MACCLENNY, FL 32063
Principal Balance: 256,473.00
PAY TO THE ORDEROF
‘without Recourse
Company Ni A Limited Lisbilty Company
‘Aualin eclogh, Goliioral
is
1212/22, 2:36 PM Landmark Web Official Records Search
see se 12:50PM
Tastrnment: Page.
Seacle , Harvey ¢ 4 ‘$896.70 Int, Par $812:38
Deputy Clerk FINA
When recor Fe to:
: Final Document Geperenant
(8680 Miller Rose
Brochuvitio, OH 44164
‘This document was prepared by:
GrossGountty Mortgage, LLC
‘satiter
Me, Road
OM 44144
Si
il nen foe Rina Tit Rie 25 ————
Tana,
MORTGAGE 991.42 AISGGE-7O2.
1 aT
MERS PHONE& 4-280-679-6577
DEFMITIONS are et Seti ror wonsa ae defo in Sontons 3 40, 12
‘used in muttiple sections of tnis
27 tee 2. Geral rng rogarcng be vei of onde acu
“Seeurtyinstrument” means this documant, whichfs ne iy ftv wit at Fidosfo
eapdoeuteee eRA rs WAS A UNMARRIED WOMAN.
scrum
a ERG anorinngan
soles vaderenshleve Hacistr
hequslty on im
os x ain © re nee Bf nuaparate corporation thats acting sel) oo 6
tens i experzat und eden wna tows of Boker, Mediasat aaarene and tlephene numoor of PO. Box 2026,
fy ne
MAO: Ab) 878 dies
Sk cs Sreesoouaty Mmportanta
Leqderis's Limited Lisbility Company, orgariized
and existing,
the
Lender's address'le 6859 Miller Road, Brockwvitle, OM 44444
@ “Note” meana the pronicuory nots PTY SIXTHOUSANDrrowar and dated: May 20, 2024 ‘The Not stuten
ONE HUNDRED Seve joan *
Or et Ore Nee “FWO Teo HUNDRED.
ee cnsseattecnsseenastsetaensaatee® = a
sup imerese Sarowor has promiead © pay ia debt In ragilar Parodi Payment ane iF fator than
7, 2067.
in{S) “erowersy” the property 5a. degesibed below under tha hoading *Transter of Rights ierihe Proper
“Loon moans the dent ovktantod by the Note, plus interest and late charges due under the Note, Sha al somede
Under this Security Inswumant, plus interest.
Moc LURORB INSTRUMENT orm 30 1/01
odliegYor PHA 5/2018 (AUD ftaicbonk
400-1) Page tof 10 RUERHAE Tee
nesiboa GAO ANS PBT
ae
as
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12/2122, 2:36 PM Landmark Web Official Records Search
“Instrament 4202100006143, Page 2.0f 15
Loans]
nid 1” frimapd of, Riders 36 this Security Inetrument thar are enocuited by Borrower. The following
—_——
‘exauind by Borrower check box ss applicable} Rider & Planned Unit Development Rider
3 Adjseiabe Rate der
5 Others)
ce’s and.
ai gtatates, regulations, ‘orfinanjopiniona.
Q) “Appticable Law" means ali controling applicable treo ant means
iederal, state
av agtenoe inal,
seminitse cate and ores Spf all dass; nga aseacermanls Ae ther cargos
&that "aaro imgowes oe Borrower or the Property by ‘Peonemiriure assoc
of mean any ttanaf Anda; othr than a ie insirumant, computer,
of er 1d-by checis, dralty or
) ‘ Bloctronie Funes Transfer" througanhoi Ne debi
ig iofiated ievancias ‘er
‘stnliar peper instrument, whieh Instat or t
credit er Bogeu r.
Such term includes, but is not
tapa sa xete order, Ina Gp authorize & folephane, wire,
limes ty, poinbet-sate Fanstern, Steed taller machine transactions, ‘ansters inillatedby
sand aviomated cient
Hama” moane those terns that oe peagdbod In Section ® er proceetis paid by any thre
Tprigellanoous Procweda" mane paidanyuncerthe comenrienlion. sottiament,
‘dazoribad In Sootion 5) for: () eamagefou10, efrestriction
ety cohort eordamnasion ather taking ofall ecany part of the Property: condemna-
2 the ominsians 8970, the valve soneiton of wa Prope ‘or defeuiton, the Laan
tor oF By) mioeereontatons oa. npaymentof
cera inouranee reir onder again jue tor 1 principal na ingress ender tho Note, plus
(3) “Periesie ‘payment row Pe3 ofte this Gaoiy maleomert
undar Section
(any arnouresmeans the Roaitstaie Sarto28 vhost ProceduresAct (12 8.6. 9260"to time, of cuc) anit gptamenting raga:
10) “RESRAT weation meso
X12 CER, Part ina1024), thay tright ba:amendes trom,‘ime‘Scourily oF renAegPAC rere io al
eps ‘of togulation that, Ure Sar SLIBjORt patter
master. Ag used in this instrument,
‘even ithe Loan does net
roexfroments and jestretions that re tm in rogurd tea Nedorally.
aunty asa “federally ‘ois manionceyetleethe i inder RESOA.
UnitodSt Dep art of men
Housing and tUrban Devolopmontiorhis
any tigpariy that hie take ttle n
te the Property, whe nat that r
orthe party,
(8) “euou in oresobligatiana under+" mmao
‘sumedaearBorrowers Ue Nole lind/or this Securlty Ingtrumant.
ANSFER OF SIGHTS INTHE of theandLean, and all ronowals, ‘extentions fasirument and modifies
Thie Seourily Insvumont secure19 ‘Wonder: (9 the apayment ‘covenants agrsoments under (wolaly and
‘ions of the Nota; ane (8) the pertornence: Dorey az nornines
the Noto, For this purpose, Borrower does hereby motigage, grant and cory{a MERS power of adiia, the following
nd Londers suecasaore and a Sea mand sai
degeribes praparty located 1 Oe
SEE LEGAL DESCRIPTIONArTACit At e VERETO AND MADE A DART HEREOF AS “EXRIBIT A*.
APN
ae ws
which curity has the address: nes7 ay ies
Sees Seven hy]
ane me ePropuny Address"
nit property, and all itonances,
RQGETHER WITH all the ienpro replacements and uetations bo ‘equered
ghal alo Barras
6a und by this Security
‘and fixtures now or hereatior a part ot the yo
0 it Sis Socuriy Insirument as the “Property”
Instrument . All of the foregoing is raferres
Mae/Peodsie tae UNIFORM INSTRUMENT Fomn 016 1k)
RSS Bik bare pawcunnia tenon Page 2 of 10 FUSEHANEDE 1120
Bie Men. He, ‘eerasizog OF Aa
213
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_ -
42/2/22, 2:36 PM Landmark Web Official Records Search
fasersmtont 2OUGOMELI, Page Sof 1S
agreps that MERE hota only legal tie te the interests by Borrower in ta Bactty Inet
16 comply wht taw or custom, MERS including, {as nomines but notfor medLender %0,andtho right to foreclose and‘andsal aa:thege) ais the ight©
Property: aod tO take
‘axafciae any oF all of those interests, rolausing and cancoling thie Secuty instrument.
Sy action required of Lander inckuclrgs, But net denied to,
A COVENANTS that Borrower is laivfully sided tthe sates hereby conveyed and hes the right to
mortgage, cant ant the Property and that tie Proparty is rty sacinst all ciaims and Ff demands, mbrancea of revord.
subject ¥9 any
rants and will detend gencray the tile to the Proper
‘enournbrances at.
THIS SECURITY INSTRUMENT combines: eecurty rm covenants for nationed use and non-uniform covenants with imiked
‘variations by juriediclio n 2 uniform
to constitute instrument covering real proporty.
NIE) RRM COVENANTS. Borrower anc
ent of Principal, trterest, eerow:
covenant
ore Lae |
Nol and latw ehergos
and agree as
‘under
ap
pay whan ae neice
tho Noto. Borrower ahall aco funds
offor and intowsa! on, the dabt evidenced by tha ants due undor the Neto and this Security ‘ghoul be mada in
Esorow lems pursvent ae payee rmntundete Note i theSecurity
us. if any chook oe other Instrument received by Ler nor Note
inetrument is returned ie Lender: ‘raquiro that any of all eubeaquar
und this Security Instrument he mage. in ane or mors of the following forms, 1 8a detected3 by Lendor:(9)‘ieyeah: drawva
(0) money
upon an
ardor; {2} cartitiod iu chock or cashier's
4 Paymonts jon whose deposits are ingured by a ‘when roacived at the sy oF entity: or sod(G} inE the. Noto or at such other
aro deomod recuivad by Lender
Jocation'as may be designated by Landerin accordance: ‘with theiS notiaeone provisions in.Saction 14. Lander nt,may Lender return any
may
‘paymontor partial payment if te payment or partial payenen ‘Loan exirant, without walver of any rignts hereunder or
‘payment or partial payment In the iuture, bul Lendor is not obligat fo applyed such
projudioeto te, to ‘or parlial payments 7 is applied as of fa scheduled oue date, thon
payments at the tima auch p: ayments arm aasep'ed.
may hold such unapplte fund: urtt ‘shail either apply suc"
‘Ot pay interest on woapaied funds. Lender
‘to bring the Loan current. Borrowar dows nol do. n0.within
funds ar raturn them w Sorrowar }t net applied exria, jar, Such funds wl ba Applied ight to thehaveouistnow ar ithe future against
under the Noleinimadiately nelor ta foreclosure.No ohest or eiaim tho Note and this ‘Security Instrumeat ar portarming whe
Lender chat raliove Soreower trom making payments due undar
cuveriants and agreements secured by tis Secumty Ii enorwise desedbai inthis Soston 2, allanytnenta aoeepted
and applied by Lent or anal be spiedte fallowing order of prier
pait by Lender to the Secretatyor the monthly charge by the
‘Brat, t2 the Morigage ineurance: prwmlums lo be premiums:
“Secretary: instead of the monthly morigage ina:surance . leanahold paymants or ground rents, nd fro, tad and other hazard
110 any taxes,ap
insuranes pramiume, as rect
fp interest due under the Not;
Fourth, to amonization. of the princiaut of the Nate: and,
Filth, 16 late charges due undar the Nota.9 proceeds, Miceatl Freeeds 9 prion due under the Note sha
‘of payments, i
fot bxtond or postpone the due date, or shang ja thesayamcunt, of the Say Parfodie Payments ave dus uncer the Not ie,
3, Punds tor Eactow hems. Derrower shall p 0 Lander on the ag for. (9) taxesan
Lunt the: Notais paid in tol, a eum Ghe "Funes" fo provide i mont a9 len oF enoumbra en the Froperty:{b) joasehiold8:
nce
othertems whichcan attain griotity over this Seaurty Inatcut and 2B incurance required by Lender under Section
‘payments. or ground ronts on the Property, if any, ( by Lenderforany to the Secrotary or the Secrotary
ume, to bo Ba *ncrow hams” At origination or at any tie
Inateadof tha monthly Mortgage insurance proms, Thase heme ara semonts, Hany, be
during the term of the Loan,‘such . Lender may require 2 hat Cammunhy Association Dues, Fees, and Asa% or promptly furcioh
‘eacrowed by Borrower, anki dues, feos and aggoemants shall be an Excrow for Eserow Items
19 Lander al natices of amounts to be paid undar this Section. Borrower shat Eacrow
pay
ems. Lender tn:ay waive Borrewor's
or waives Borrawer's obligation te pay the Funds for any time. or ng
‘obligat pay fo Lancer Funds
to ion tor any er aif Escrow hema'a any t Any ‘he suchamounts due for any‘bo Escrow in writhg. in the
feerns for
vant of such walvor, Bocrowar ch pay ‘Lender receipts evidencing
Yihieh payment af Funds hos been waived by Lend jor an. it Lend rogues, hat furs \ch payments and Yo provide:
‘sueh paymont within such time periades be 8 covenantand: ‘Gonmiredtn thio Security instrument,
rocelnts shall for alt purposesaman?" ro pay Escrow items directs,
phrase "covenant and ag ig 10 pay istheuedamount in Gestion 9. Bscraw tiem, Lender rn
deo. under Section 9.
wal f, and Borrower be obligated uncer SBaton 8 10 repay to kendor ary such amount. Lender
and pay uch nmeunt “and Bortewar ‘Eeeraw hal thes Items at any fima hy a natioe givenin are then required Section 44 and,
tha viaivor as any oF ail inguch amounts, Wat under thie Section 3.
Such revocation, Borrower shall get pay’ to Lendar all Funds, ‘Lender to apply the Funds at
jor may. a2 eny time, ool and hold Funds in thean maximum amount (a) oitnierdercan raquira
amo undar RESPA: Lander
the tine speciliad under RES A, end
Preview
Filing # 166883431 E-Filed 02/15/2023 03:46:20 PM IN THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT IN AND FOR BAKER COUNTY, FLORIDA CROSSCOUNTRY MORTGAGE, LLC Plaintiff(s), CASE NO.: vs, TARA WADE; UNKNOWN SPOUSE OF TARA WADE; UNITED STATES OF AMERICA; LAKES AT WOODLAWN HOMEOWNERS ASSOCIATION, INC.; THE UNKNOWN TENANT IN POSSESSION, Defendant(s). L ERIFIED COMPLAINT TQ FORECLOSE MORTGAGE COMES NOW the Plaintiff, CROSSCOUNTRY MORTGAGE, LLC, by and through the undersigned legal counsel, and sues Defendants, TARA WADE; UNKNOWN SPOUSE OF TARA WADE; UNITED STATES OF AMERICA; LAKES AT WOODLAWN HOMEOWNERS ASSOCIATION, INC.; THE UNKNOWN TENANT IN POSSESSION, and as grounds therefor, states: 1 This is an action to foreclose a mortgage on real property located in Baker County, Florida. Plaintiff is holder of the note secured by the Mortgage. The Plaintiff is registered in the State of Florida or is otherwise authorized to do business in the State of Florida. 2. On or about May 26, 2021, TARA WADE executed and delivered a note in the original principal amount of $256,173.00 in favor of CROSSCOUNTRY MORTGAGE, LLC. On or about May 26, 2021, TARA WADE executed and delivered a Mortgage securing payment of the Note in favor of Mortgage Electronic Registration Systems, Inc., as mortgagee, as nominee for CrossCountry Mortgage, LLC, its successors and assigns, which was secured by real property described in the mortgage, together with all existing and future improvements, fixtures and structures. The property, which is described as follows: TDP File No. 22-010890 Electronically Filed Baker Case # 23000016CAMXAX 02/15/2023 03:46:20 PM LOT 96, LAKES AT WOODLAWN, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGES 26 THROUGH 30, INCLUSIVE, OF THE PUBLIC RECORDS OF BAKER COUNTY, FLORIDA 3. The mortgage was recorded on June 4, 2021 in Official Records Instrument Number 202100004143 of the Public Records of Baker County, Florida. A copy of the note and mortgage are attached hereto and made a part hereof as Composite Exhibit “A.” 4. CROSSCOUNTRY MORTGAGE, LLC is the holder of the note and mortgage and acquired its status as holder prior to instituting this action. 5. Plaintiff has performed its obligations as required by the note and mortgage described above and there has been a default under the terms of the note and mortgage due to a failure to make the payment due on July 1, 2022, and all subsequent payments. Plaintiff provided the appropriate Notice of Default and Right to Cure as required by the mortgage, if any, prior te initiating this action. A copy of the Notice of Default and Right to Cure is attached hereto as Exhibit “B.” 6. Plaintiff declares the full amount payable under the note and morcgage to be due. 7. Plaintiff has performed all conditions precedent to bring this action as required by law and the terms of the note and mortgage. 8. There is owed the principal sum of $251,256.74, plus interest from June 1, 2022, plus any and all late fees, unpaid property taxes, force-placed insurance, unpaid legal fees and costs, and other related loan items, 9. TARA WADE appears to own the subject property by virtue of that certain Warranty Deed dated May 26, 2021 and recorded on June 4, 2021 in Official Records Instrument Number 202100004142 of the Public Records of Baker County, FL. Any interest so claimed is inferior to that of Plaintiff. TDP File No, 22-010890 10. UNKNOWN SPOUSE OF TARA WADE may claim an interest in the subject property by virtue of marriage to TARA WADE and occupancy of the subject property, but any interest so claimed is inferior to that of Plaintiff. il. LAKES AT WOODLAWN HOMEOWNERS ASSOCIATION, INC. may claim an interest in the subject property by virtue of any unpaid condominium or association fees and dues, but any interest so claimed is inferior to that of Plaintiff. 12, UNITED STATES OF AMERICA may claim an interest in the subject property by virtue of that certain Junior Mortgage dated March 29, 2022, and recorded on May 11, 2022 in Official Records Book 202200003134, of the Public Records of Baker County, Florida, but any interest so claimed is inferior to that of Plaintiff. A copy of the referenced Junior Mortgage is attached hereto as Exhibit "C.” 13. THE UNKNOWN TENANT IN POSSESSION may claim an interest in the subject property by virtue of occupancy or possession of the subject property, but any interest so claimed is inferior to that of Plaintiff. 14. Plaintiff has been required to expend sums for a title search to ascertain the proper parties to this action and additional costs have been or may be incurred and will be due and owing at the time of the final judgment. 15. Plaintiff has retained the services of Padgett Law Group, to represent it in this matter and is obligated to pay it a reasonable fee for its services. WHEREFORE, Plaintiff respectfully requests: 1 That this Court enter a judgment foreclosing the Defendants’ interest in the property made the subject of the mortgage: That this Court award Plaintiff its costs and attorneys’ fees in connection with this action as provided by the mortgage; Page 3 TDP File No. 22-010890 3. That this Court award to Plaintiff such additional relief as it may deem proper. 'LA.R.CTV. 15(e) VERIFICATION OF COMPLAINT Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Date: 2p leer By: ZT Name: Christopher Miranda Title: Vice President CROSSCOUNTRY MORTGAGE, LLC, Plaintiff Respectfully submitted this the 14th day o f February , 2023. Hua Vip ie PADGETT LAW GROUP GINA VARGAS Florida Bar #84149 6267 Old Water Oak Road, Suite 203 Tallahassee, FL 32312 (850) 422-2520 {telephone} (850) 422-2567 (facsimile) attomey@padgettlawgroup.com Attorney for Plaintiff Pursuant to the Fla. R. Jud. Admin. 2.516, the above signed counsel for Plaintiff designates attomey@padgettlaw.net as its primary e-mail address for service, in the above styled matter, of all pleadings and documents required to be served on the parties. TDP File No 22-010890 ofan. som cw cate ee ee mes son ~- Composite abibit "Ar ‘ a NOTE Brecksville, Ohio {state] AeRS wime s vei wAeeL: say SBOR ORO op aah 1 WER'S PROMISETO PAY 258, a urn for a toan that {have received, {promise1pPas ae ant oeiegtathis ited amount is cated “Princip: ‘Liability Company. pus sto i to noord ne Lend Tho Lend "mal al ese nts‘he undar this Nots In the form af cash, check or maney order, Lender may transfer this Nota, The Lender or anyone who takes this Note by transfer and who is enliled to receive payments under this Note is cafed the “Note Holder” 2. INTEREST Inter vl be charges en unpaid pntpal unl he ul amount of Pcp has bean pal. ‘will pay inlerest at a yoarlyThe lnttest rate required! by this Sesion 2 f the rat 1 wil pay bth before and after any defaut desstibad in ‘Section (8) ofthis 3. PAN a Ime and Place of Payments |v pay pcp and aes making a payment every month. Jil make these ‘paymontan the 1st ay ofeach mont beghing on July 4,202. ayn every ont urd Pave pal al of te prc ‘and interest and any fow that | may ‘owe under this Note Eaoh manly payment fl ise vance de rv bo apie Pre td any other tems in the fer desorbedin f,on June1, 205%, srtourtd under bts Not wit pay ose amounts allan at al, weve cated to" Muy Ona! ' will make my monthly paymentsat 6850 Miller Road Brockevile, OH 44144 oF ata diferent place if required by the Nota Hole 8 Amountof Monthly Payments thly payment wil bo the amount of US. $1,250.33, 4 .WER’S RIGHTTO PREPAY the rightto make payrans of Principal al anytime betore they are due.A payment of Principe ony is wn "When | make a Prepayment, tel ho Note Holden wring tall am doing so may not ‘a Prepayment If have not made all the monthly payments due under the my makea ull Prepayment or Prepayments without paying * Popaymon charge.The Note oer my Preayments to raduce the amount of Principal ‘that | owe under this Note, However, the Note Holdec may jount, before applying my Prepaymentio oe the Pro to the accruedar inlereston the Prepayment amount, Principal amount of the Note. Ii! maa a-partat 3 , there will be no changes in the due date or in tha amount oimy nthly payment untess the Note Holder agrees in writing to those chenges. 5. LOAN GHAR( Haw wich apis to ton and which at maxim lan args, tay leprae oa he nest loan charges collectedor Inconnection with this loan exceed the permitted limits, then: (a) any Suen tan charge shal bs recusse by the amourl nacesearyto raduoe the charge to the permed lis ar (0) any ‘sums already collected from me which extzeded permited limits wil be refundad to me. The Note Holder may choose to ‘make this refund by reducingthe Frincipal | owe under this Note or by making a cect payment tome. farefund reduces Princip the reduction willbe treated as a partial Prepayment, 8. BORROWER'S FALLRETO PAY AS REQUIRED for Overdue Pay yi Nowe Heder ae tel onsidefl amount of any monty yet by te and of 8 calendar days afr itis due wil pay alate charge to the Note Holder. The emountofthe chargewil be 4.000 % of my overdve aymert of princi! and iferes.| al pay slate charge prompty bu ony nceen each | If do not pay the {ull amount of sach monthly payment on the dato itis due, | wil be In default. Notice of Default iam in geaut th Note Holder may sand me awitan note feng me that | do rt pay Tne overcue emount by a certain data, t ‘may require moto immediately the full amount of Principal which has not been 243 halal te ores hat one on at amount Thatas se must be at least 20 days after the date on which the notice is mailed 1o me or delivered by other means, FLORIQA FIXED RATE NOTE Single Famty~ Fannie MatiFreésic Mae UNIFORM! INSTRUMENT Form 3210 101 Modi for FHA 9/5 Jou 2 Ee ee Page 1 of2 HASOENOT 1 spate nso AM (CLS) PST The | af. . os {0} No Walver By Noto Haider does nat raquira me to pay immetéately 9 tub as dascribad Even’, ata ting when ! am in dit, the Nota Holder above th Note , Holder wil iil have the right do soi | am in Goku at later tine. Payment of Note Holder's Costs and Expensas, we described above, the Note Hold in fu8 atoly wil have the ight Ifthe Nats Hobdorhas requited ma to pay lw smaci oarg he ‘Note to the extent nol prohibited by appleabie 4o be paid back by ma for al of ts costs and expenses ‘afore in aniacing ‘aw. Those expenses include, for xa anu fable law roquices a at notice thal must be given to mo under thie Note wil ba given by delivering i or by mafing it by frat clas36 mall 1 mo at the Properly Address above or at a dillerent adrane fT give the Note Molder a notice of my to the Nota Hoider under this Note t olen delivering it or by mailing it by fest 263 mailto the Note Holder al the adcrass statod in Section S(A) above or at 2 a oct ‘address thal mut bo given’ tT am givon a netice cof thati 3. OBLIGATIONS OF PERSONS UNDER THE: NOTE. ‘pereon is fully and personallyabl qari, 1d 10 kage all of the promises it rare than one aigna this idl amount owed. Any person vO sty of edorar ‘made in thie Noto, ag the promise | aks over those: ‘of this Nate is alsa obligutad to co hese. ‘of the promises mace in this Nate. The Note: of a guaractor, f, autoly of encore ‘his Nota, is nloo obligated1 Holder ay8 ‘anforaa Ne rights under this Note against aach person ty agus alo we together This means that any one.-of us may ba required to pay all of te amounis owed under 9. WAWERS ‘and ary other paroon who has obigtions undae this Note waive the rights: of‘ofPrena nimen t of Dishonoc and Notice ampunts due. “Notice of Dishonor “procontment” moans the right 10 require tho Nate Holder to domand pe ayment ‘thet amounts due have nel bes pac. means the ight 1 require the Note Holdar to give notion o other persons 10. UNIFORM SECURED NOTE Thig Nola fg @ uniform instrument wip fied vartations in somo ictions, th adkdition to the aratections fete to the Note Holger under this Note, a Morigaga, Dass of Trust, ‘or Sucurity Deed ‘ight (thereault i | do not keep the promises sure dete ae this ia tho Note Hokder from posatait I may be racuir to make ed ‘which | mas in this Nove. Thal: ‘Seourty instramont describes what conditions Row ‘and under conditions are davaribed 65 immedite pa Ip ful of a amounts Towd under fie Nota, Some of ‘sold thove or it Bocower is rol a o¢ anstorrad {fail or any part of na Propartyoc Injoreatin tho Propertyie want fenders prior writon consent, ‘hata person and a bonetcia interaat in 1g cold of ranstorred However, this immediate paym ‘Tay soquire exercised of a sures in fullent ty sf pion shal I not be by Lender i cuch exercise is prohibi ted ‘The notice shall provige by Applioable W Lender exercies fe Borrower notice of accaleragion. «8 pariad of not lass than 20 days from ihe date the netics Is given1 inBorrowar agcordanecs with Section 14 win shits isvatica thust pay ail gums securedby ‘of this period,Lisade or demand on y Inetrument. fata to pay thege sume prior fo the ty ‘wok any ramadios, pormited by this Security instrument witout tu-ther 1%. DOCUMENTARY TH he state documentary tax due on this Nove has beon pafd on the martgage securing this indebtedness. WITNESS THE HAND(S} AND SEAL(S) OF THE Ut SIGN ous! bse! eal) Lender: CroasCountry Mortgage, LLS AALS1D: 30: Loan Onginator: Bratt ving Gains NLS 10: {Sign Original Only} NOTE ~ Siege Fay ~ Fane Maarodse Mee UNIFORS STRUMENT Foe 32¥0 Vt feaciaran BeATE eA 2h Page 202 sAIROCRLNT_190 tieaa esiaaraogt 0 AM PST we 2 [ . ALLONGE on sn nan Date: 05/26/2022 Borrower(s}: Tora Wade Property Address: $879 CROSBY LAKE WAY E, MACCLENNY, FL 32063 Principal Balance: 256,473.00 PAY TO THE ORDEROF ‘without Recourse Company Ni A Limited Lisbilty Company ‘Aualin eclogh, Goliioral is 1212/22, 2:36 PM Landmark Web Official Records Search see se 12:50PM Tastrnment: Page. Seacle , Harvey ¢ 4 ‘$896.70 Int, Par $812:38 Deputy Clerk FINA When recor Fe to: : Final Document Geperenant (8680 Miller Rose Brochuvitio, OH 44164 ‘This document was prepared by: GrossGountty Mortgage, LLC ‘satiter Me, Road OM 44144 Si il nen foe Rina Tit Rie 25 ———— Tana, MORTGAGE 991.42 AISGGE-7O2. 1 aT MERS PHONE& 4-280-679-6577 DEFMITIONS are et Seti ror wonsa ae defo in Sontons 3 40, 12 ‘used in muttiple sections of tnis 27 tee 2. Geral rng rogarcng be vei of onde acu “Seeurtyinstrument” means this documant, whichfs ne iy ftv wit at Fidosfo eapdoeuteee eRA rs WAS A UNMARRIED WOMAN. scrum a ERG anorinngan soles vaderenshleve Hacistr hequslty on im os x ain © re nee Bf nuaparate corporation thats acting sel) oo 6 tens i experzat und eden wna tows of Boker, Mediasat aaarene and tlephene numoor of PO. Box 2026, fy ne MAO: Ab) 878 dies Sk cs Sreesoouaty Mmportanta Leqderis's Limited Lisbility Company, orgariized and existing, the Lender's address'le 6859 Miller Road, Brockwvitle, OM 44444 @ “Note” meana the pronicuory nots PTY SIXTHOUSANDrrowar and dated: May 20, 2024 ‘The Not stuten ONE HUNDRED Seve joan * Or et Ore Nee “FWO Teo HUNDRED. ee cnsseattecnsseenastsetaensaatee® = a sup imerese Sarowor has promiead © pay ia debt In ragilar Parodi Payment ane iF fator than 7, 2067. in{S) “erowersy” the property 5a. degesibed below under tha hoading *Transter of Rights ierihe Proper “Loon moans the dent ovktantod by the Note, plus interest and late charges due under the Note, Sha al somede Under this Security Inswumant, plus interest. Moc LURORB INSTRUMENT orm 30 1/01 odliegYor PHA 5/2018 (AUD ftaicbonk 400-1) Page tof 10 RUERHAE Tee nesiboa GAO ANS PBT ae as https://bakerclerk.com/LandmarkWeb/search/index7theme=,blue§ion=searchCriteriaNameéquickSearchSelection=# 43 12/2122, 2:36 PM Landmark Web Official Records Search “Instrament 4202100006143, Page 2.0f 15 Loans] nid 1” frimapd of, Riders 36 this Security Inetrument thar are enocuited by Borrower. The following —_—— ‘exauind by Borrower check box ss applicable} Rider & Planned Unit Development Rider 3 Adjseiabe Rate der 5 Others) ce’s and. ai gtatates, regulations, ‘orfinanjopiniona. Q) “Appticable Law" means ali controling applicable treo ant means iederal, state av agtenoe inal, seminitse cate and ores Spf all dass; nga aseacermanls Ae ther cargos &that "aaro imgowes oe Borrower or the Property by ‘Peonemiriure assoc of mean any ttanaf Anda; othr than a ie insirumant, computer, of er 1d-by checis, dralty or ) ‘ Bloctronie Funes Transfer" througanhoi Ne debi ig iofiated ievancias ‘er ‘stnliar peper instrument, whieh Instat or t credit er Bogeu r. Such term includes, but is not tapa sa xete order, Ina Gp authorize & folephane, wire, limes ty, poinbet-sate Fanstern, Steed taller machine transactions, ‘ansters inillatedby sand aviomated cient Hama” moane those terns that oe peagdbod In Section ® er proceetis paid by any thre Tprigellanoous Procweda" mane paidanyuncerthe comenrienlion. sottiament, ‘dazoribad In Sootion 5) for: () eamagefou10, efrestriction ety cohort eordamnasion ather taking ofall ecany part of the Property: condemna- 2 the ominsians 8970, the valve soneiton of wa Prope ‘or defeuiton, the Laan tor oF By) mioeereontatons oa. npaymentof cera inouranee reir onder again jue tor 1 principal na ingress ender tho Note, plus (3) “Periesie ‘payment row Pe3 ofte this Gaoiy maleomert undar Section (any arnouresmeans the Roaitstaie Sarto28 vhost ProceduresAct (12 8.6. 9260"to time, of cuc) anit gptamenting raga: 10) “RESRAT weation meso X12 CER, Part ina1024), thay tright ba:amendes trom,‘ime‘Scourily oF renAegPAC rere io al eps ‘of togulation that, Ure Sar SLIBjORt patter master. Ag used in this instrument, ‘even ithe Loan does net roexfroments and jestretions that re tm in rogurd tea Nedorally. aunty asa “federally ‘ois manionceyetleethe i inder RESOA. UnitodSt Dep art of men Housing and tUrban Devolopmontiorhis any tigpariy that hie take ttle n te the Property, whe nat that r orthe party, (8) “euou in oresobligatiana under+" mmao ‘sumedaearBorrowers Ue Nole lind/or this Securlty Ingtrumant. ANSFER OF SIGHTS INTHE of theandLean, and all ronowals, ‘extentions fasirument and modifies Thie Seourily Insvumont secure19 ‘Wonder: (9 the apayment ‘covenants agrsoments under (wolaly and ‘ions of the Nota; ane (8) the pertornence: Dorey az nornines the Noto, For this purpose, Borrower does hereby motigage, grant and cory{a MERS power of adiia, the following nd Londers suecasaore and a Sea mand sai degeribes praparty located 1 Oe SEE LEGAL DESCRIPTIONArTACit At e VERETO AND MADE A DART HEREOF AS “EXRIBIT A*. APN ae ws which curity has the address: nes7 ay ies Sees Seven hy] ane me ePropuny Address" nit property, and all itonances, RQGETHER WITH all the ienpro replacements and uetations bo ‘equered ghal alo Barras 6a und by this Security ‘and fixtures now or hereatior a part ot the yo 0 it Sis Socuriy Insirument as the “Property” Instrument . All of the foregoing is raferres Mae/Peodsie tae UNIFORM INSTRUMENT Fomn 016 1k) RSS Bik bare pawcunnia tenon Page 2 of 10 FUSEHANEDE 1120 Bie Men. He, ‘eerasizog OF Aa 213 httpsifbakerclerk.com/LandmarkWeb/search/indextheme=,blue§ion=searchCriteriaNamesquickSearchSelectior nit _ - 42/2/22, 2:36 PM Landmark Web Official Records Search fasersmtont 2OUGOMELI, Page Sof 1S agreps that MERE hota only legal tie te the interests by Borrower in ta Bactty Inet 16 comply wht taw or custom, MERS including, {as nomines but notfor medLender %0,andtho right to foreclose and‘andsal aa:thege) ais the ight© Property: aod tO take ‘axafciae any oF all of those interests, rolausing and cancoling thie Secuty instrument. Sy action required of Lander inckuclrgs, But net denied to, A COVENANTS that Borrower is laivfully sided tthe sates hereby conveyed and hes the right to mortgage, cant ant the Property and that tie Proparty is rty sacinst all ciaims and Ff demands, mbrancea of revord. subject ¥9 any rants and will detend gencray the tile to the Proper ‘enournbrances at. THIS SECURITY INSTRUMENT combines: eecurty rm covenants for nationed use and non-uniform covenants with imiked ‘variations by juriediclio n 2 uniform to constitute instrument covering real proporty. NIE) RRM COVENANTS. Borrower anc ent of Principal, trterest, eerow: covenant ore Lae | Nol and latw ehergos and agree as ‘under ap pay whan ae neice tho Noto. Borrower ahall aco funds offor and intowsa! on, the dabt evidenced by tha ants due undor the Neto and this Security ‘ghoul be mada in Esorow lems pursvent ae payee rmntundete Note i theSecurity us. if any chook oe other Instrument received by Ler nor Note inetrument is returned ie Lender: ‘raquiro that any of all eubeaquar und this Security Instrument he mage. in ane or mors of the following forms, 1 8a detected3 by Lendor:(9)‘ieyeah: drawva (0) money upon an ardor; {2} cartitiod iu chock or cashier's 4 Paymonts jon whose deposits are ingured by a ‘when roacived at the sy oF entity: or sod(G} inE the. Noto or at such other aro deomod recuivad by Lender Jocation'as may be designated by Landerin accordance: ‘with theiS notiaeone provisions in.Saction 14. Lander nt,may Lender return any may ‘paymontor partial payment if te payment or partial payenen ‘Loan exirant, without walver of any rignts hereunder or ‘payment or partial payment In the iuture, bul Lendor is not obligat fo applyed such projudioeto te, to ‘or parlial payments 7 is applied as of fa scheduled oue date, thon payments at the tima auch p: ayments arm aasep'ed. may hold such unapplte fund: urtt ‘shail either apply suc" ‘Ot pay interest on woapaied funds. Lender ‘to bring the Loan current. Borrowar dows nol do. n0.within funds ar raturn them w Sorrowar }t net applied exria, jar, Such funds wl ba Applied ight to thehaveouistnow ar ithe future against under the Noleinimadiately nelor ta foreclosure.No ohest or eiaim tho Note and this ‘Security Instrumeat ar portarming whe Lender chat raliove Soreower trom making payments due undar cuveriants and agreements secured by tis Secumty Ii enorwise desedbai inthis Soston 2, allanytnenta aoeepted and applied by Lent or anal be spiedte fallowing order of prier pait by Lender to the Secretatyor the monthly charge by the ‘Brat, t2 the Morigage ineurance: prwmlums lo be premiums: “Secretary: instead of the monthly morigage ina:surance . leanahold paymants or ground rents, nd fro, tad and other hazard 110 any taxes,ap insuranes pramiume, as rect fp interest due under the Not; Fourth, to amonization. of the princiaut of the Nate: and, Filth, 16 late charges due undar the Nota.9 proceeds, Miceatl Freeeds 9 prion due under the Note sha ‘of payments, i fot bxtond or postpone the due date, or shang ja thesayamcunt, of the Say Parfodie Payments ave dus uncer the Not ie, 3, Punds tor Eactow hems. Derrower shall p 0 Lander on the ag for. (9) taxesan Lunt the: Notais paid in tol, a eum Ghe "Funes" fo provide i mont a9 len oF enoumbra en the Froperty:{b) joasehiold8: nce othertems whichcan attain griotity over this Seaurty Inatcut and 2B incurance required by Lender under Section ‘payments. or ground ronts on the Property, if any, ( by Lenderforany to the Secrotary or the Secrotary ume, to bo Ba *ncrow hams” At origination or at any tie Inateadof tha monthly Mortgage insurance proms, Thase heme ara semonts, Hany, be during the term of the Loan,‘such . Lender may require 2 hat Cammunhy Association Dues, Fees, and Asa% or promptly furcioh ‘eacrowed by Borrower, anki dues, feos and aggoemants shall be an Excrow for Eserow Items 19 Lander al natices of amounts to be paid undar this Section. Borrower shat Eacrow pay ems. Lender tn:ay waive Borrewor's or waives Borrawer's obligation te pay the Funds for any time. or ng ‘obligat pay fo Lancer Funds to ion tor any er aif Escrow hema'a any t Any ‘he suchamounts due for any‘bo Escrow in writhg. in the feerns for vant of such walvor, Bocrowar ch pay ‘Lender receipts evidencing Yihieh payment af Funds hos been waived by Lend jor an. it Lend rogues, hat furs \ch payments and Yo provide: ‘sueh paymont within such time periades be 8 covenantand: ‘Gonmiredtn thio Security instrument, rocelnts shall for alt purposesaman?" ro pay Escrow items directs, phrase "covenant and ag ig 10 pay istheuedamount in Gestion 9. Bscraw tiem, Lender rn deo. under Section 9. wal f, and Borrower be obligated uncer SBaton 8 10 repay to kendor ary such amount. Lender and pay uch nmeunt “and Bortewar ‘Eeeraw hal thes Items at any fima hy a natioe givenin are then required Section 44 and, tha viaivor as any oF ail inguch amounts, Wat under thie Section 3. Such revocation, Borrower shall get pay’ to Lendar all Funds, ‘Lender to apply the Funds at jor may. a2 eny time, ool and hold Funds in thean maximum amount (a) oitnierdercan raquira amo undar RESPA: Lander the tine speciliad under RES A, end