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Filing# 184657973 E-Filed 10/24/2023 03:43:30 PM
INTHE CIRCUIT COURT OF THE SEVENTEENTH JL?DICIAL
CIRCUIT IN AND FOR BROWARD COUNTY. FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. CACE22014275
WILMINGTON SAVINGS FUND SOCIETY, FSB. NOT ]N ITS
INDIVIDUAL CAPACITY BIJT SOI,ELY AS OWNER
TRUSTEE OF CSMC 2018-SP3 TRUST.
Plaintiff,
VS.
THE UNKNOWN HEIRS. BENEFICIARIES, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS. CIUZDITORS,
TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN
INTEREST IN THE ESTATE OF CHARLES S. GR[FFIN.
DECEASED. et at.
Defendant(s).
NOTICE OF FILING
iTn
On this CMW-
24+?yof by and through
2023, Plaintiff, its undersigned
attorney hereby files:
Original Note
OriginalMortgage
ROBERTSON, ANSCHUTZ. SCHNEID, CRANE
& PARTNERS. PLLC
Attorney for Plaintiff
6409 Congress Ave,, Suite 100
Boca Raton, FL 33487
ielephooe:561-241-6901
Facsimile: 561-997-6909
Service Email:flmail@raslg.com
By:
O g E?ft,EsqJfre
iAniie mmiSACNS:.E.5.9?
ii.WXNo.9253
.
h&FioridaBF-Go@gi
Communication Email: jepstein@raslg.com
IlllIIILIILIIilill1111107111111111IiI
IlllIIILIIIHIHLHHHLLIILIi.i.III
11111
LLILLHLILHLLLHOIOILI
PAGE 1
22-014367
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/24/2023 03:43:29 PM.****
SERVICE LISrr
ONIE M. GR IFFIN
[
1851 NW 36TH AVE
FORT LAUDERDALE, FL 333114108
GILBERT GRIFFIN, AS NOMINATED PERSONAL REPRESENTATIVE IN TI IE ESTATE
OF CHARLES GRIFFIN, DECEASED
2511 NW 5[1I ST
POMPANO BEACH, F[. 33069
GILBERT GRIFFIN
2511 NW 5TH ST
POMPANO BEACH. FL 33069
GEORGE ALONSO GRIFFITH SR.
771 NW 22ND ROAD
FORT LAUDERDALE, FL 33311
SUSAN CHAPMAN
2060 NW 48 TERRACE, APT 104
LAUDERHILL, FL 33313
PAGE 2
22-014367
577016082
MIN 1000153-0577016082-2
ADJUSTABLE RATE NOTE
O Year Paymen[ Option / 1 Month MTA Index / Month ly Adjustable Rate ARM )
rHISNOTE CONTAINS PROVISIONS A[. LOW[NG FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT, [NCREASES AND DECREASES TO MY
MONTHLY PAYMENT AND MY INTEREST RATE ARE LIMITED. THE PRINCIPAL
AMOUNT TO REPAY COULD BE GREATER -1'HAN THE AMOUNT ORIGINALLY
BORROWED, BUT NOT MORE THAN THE LIMIT STATED [N THIS NOTE. A BALLOON
PAYMENT MAY BE DUE AT MATURITY.
August 15, 2007 Ft. Lauderdale Florida
[Date] [Cityl [Sta(e]
1701 6TH AVENUE, NW, FORT LAUDERDALE, FL 33311-4803
Address]
IProperty
!. BORROWER'S PROMISE TO PAY
f have received, I promise to pay Two Hundred Seventy
In return for a loan that Seven Thousand
Five Hundred and 00/100 Dollars (U.S.$277,500.00)
accordance with Sections 3 (C) and 3 (F) of this Note (this amount is called
plus any amounts added in
plusinterest, to the order of
"Principal"). the Lender. The Lender is Chevy Chase Bank, F.S.B.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by Transfer and
Note is called the "Nole Holder."
who is entitled to receive payments under this
2. INTERES-I
(A) Interest Rate
be charged on unpaid principa.,
Interest will includingany deferred interest added to the unpaid principal
3 (C) below), until the fu 1 amount of principal has been paid. Until the first Interest
(as described in Section
Date defined Section 2 (B) be.ow), I will pay interest at the yearlyrate of 8.500%.
Rate Change (as iTt
The interest rate I will pay may change monthly.
this Section 2 is {he rate 1 will pay both before and after any default described
rhe interest rate requiredby
in Section 8 (B) of this Note.
(B) Interest Rate Cliange Dates
first day of October, 2007 and on that
The pay may change on the
interest rate [ will
,
rate could change is called an "Interest Rate Change
Each date on which my interest
day every month thereafter.
on Interest Rate Change Date.
Date." The new rate of interest will become effective each
(O Interest Rate Limits
My interest rate will never be greater than 11.900% My interest rate will never be less than
the Margin as set forth in Section 2 (E) below.
(D) The Index
interest rate will be based on an Index. The
Beginningwith the first Interest Rate Change Date, my
on United States
"Index" is a Twelve Month Average of the monthlyyields("MonthlyAverage Yields"}
("MTA"). as made available by the Board of
Treasurysecurities adjustedtoa constanl maturityofoneyear
Governors of the Federal Reserve System in the Federal Reserve Statistical release NO. H. 15 entitled "Selected
the Monthly Av erage Yields for
Interest Rates." The Twelve Month Average
determined by addingtogether
is
of the date 15 to the Interest Rate Change
the precedingtwelve months most recentlyavailable as days prior
The most recent Index available as of the date 15 days before
Date, and result
dividingthe by twelve. figure
each Interest Rate Change Date is called the "Currenl Index."
If the Index or any Index previouslysubstituted under this
Section 2 (D) is no longeravailable,or is
the Note Holder may choose a new Index and a new Margit](o result in a rate similar to
otherwise unpublished,
information. The Note Holder will give me notice
the rate in effect at that time which is based upon comparable
of the choice. Y
.7
'
MTACFFL (115 ) Rev. 3/19/07
Page l of 5
1579L96E
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(E) Calculation of Interest R:Le Changes
Before each Interest Rate Change Date, the Note Holder wi]I calculate my new interest nte by adding
Three and 500/1000 percentage points ( 3.500% ) (the i,Margin")to the Current Index,
Tile Note IIolder will theil round the result of this addition to the nearest one-eighthof one percentage
point
(0.125%), Subject m the imeresl rate limits staled in Section 2 (C) above, the rounded amount will be
my new
interesl rate ((he
"FullyIndexed Rate") until the next Interest Rate Change Dale.
3 PAYMENTS
(A) Tinie and Place of Payments
l will make
my monlhly payments, as described in Sections 3 (B) through 3 (F) below, on the first day of
each montb, but no sooner than thirty(30)
days before each payment's due date, beginningon October 1,
2007 I will make these payments every month until I have paid all of the
?rincipa]and
interest aitd any other charges described below that may owe under
1 this Note. My monthly payments will be
appliedlo interesl before If, on
principal. September 1, 2047 I still owe amounts
under this Note. pay those amounts in full on that date. which is called ihe "Maturit.yDate."
I will I will make
my tno?hly paynlents at P. O. Box 17000, Baltimore, MD 21297-1000 oral a
different placeif requiredby ihe Note Holder.
(B) Minimum Payment
As of the date of this Note, my imtiai required "Minimum Payment" is $ 769.15.
Unless the nmximum principalbalance is
reached as set forth in Section 3 (F) because of deferred interest, this
amount will remain the same for the lirst12 monthiy payments due under this Note, Thereafter, Minimum my
Payment is subjectto change as described in detail below.
Notwithstanding the payment optionsset forth in
Section 3 (E) below, I must make at least the Minimum Payment each month.
My initial requiredMinimum
Payment was calculated to equal an amount that would have been sufficient to repay the unpaid principalI owe
in full oo the Maturity Date in substantially equal paytnenls using a minimum payment rate of 1.500%
in lieu of tile actual interest rate. This nlinimum payment rate is not the amount of interest that wi[[ be
charged
otl my loan, but rather was used solelyfor calculatingthe initial requiredMinimum Payment.
(C) to My Unpaid Principal
My initial and future requiredMinimum Payments may be less than the anlount of the interest charged
I choose to make
duringthat month. If onlythe Mlnimum Payment when that amount is less than the interest
due, the Note Ilolder will subtract the amount of my payment from the amount of the interest due and will add
the difference to my
unpaid principal. This difference is known as 'Deferred Interest," The Note ![older also
will charge interest each month oil aliy Deferred Interest that continues to be part of
my unpaid principal
balance. The init'rest rate on the Deferred Interest a<1(led to principa]will be the rate set forth in Section 2 of this
Note.
CD) Payment Changes
My Minimuni Payment will CI,amge linder the followingcircuntstai,crs
(i) Payment Change Dates,
My Minimum Payment may change on the first day of October, 2008
monthly and on , ihat
same day every 12th month thereafter. Each of these dates is called a "Payment Change Date," Before each
Payment Change Date, the Note IIolder will calculate the amount of the monthly payment that would be
sullicient to repay my unpaid principalin full on the MaturityDate in substantially
equal installments at my new
interest rate calculated pursuant to Section 2 (E) above. My new monthly Minimum Payment will be set equalto
tlie recalculated amount excepl 1]1]1 my new Minimum Payment will not be niore than 7.500 percent greater or
less than the amount of the last monthly payment lhat was due before the applicable Payment Change Date.
(ii) Adjust ment Dates.
NotwithstandingSeclinn 3 (D) (i) above. on the l Oth Payment Change Date and on each 5th Payment
Chamge Date thereafter, my Minimum Payment wiU be adjustedaq explainedabove, except that the described
7.500 percent limitation will not apply,
(iii) Other Changes.
MY monthly payment may also change as described in Section (F) below.
'
MTAC Fri (115) Rev 3/19/07
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?5791965 T=7
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MIN 1000153-0577016082-:
(E) Payinetit Options
Addilional paymem optiolts,
such as. 0; a
fully-amortizing
paymenl lie., a payment that would be
sufficient to repay Ihe
unpaidprincipal
balance in full on tlie
MaturityDate
sul)$(antially iii
equal installmenls ac
the t uirent
FullyIndexed Ra(c): (Ii)an interest-only a payment
payment (i.e., equal to the iuterest accruedon Ihe
balance at the FullyIndexed
principal Rate);and, (iii) a 15-yearamortization
option.may. at the Note Holder's
discretion,be shown on my monthly slalement. These
payment optionsare shown for my convenience and
change each month based on changesin the Index Casdescribed in Section 2 may
(D) of this Note) and
the amount of
my priiicipalbalance. Althn,igh changes iii
none of these
optionalpayments is required, a timelypayment
made in accordance with
any payment optionshown on nly monthly statement will be
deemed to be in
coinptiancewith the terms of this Note. Tn at! events. a
payment option offered on my monthly statement will
never be less than
my Minimum Payment.
(F) Payment Limitations
In all events, my unpaidprincipa[
balance can never exceed a maximum 115 of
percent of the principal
amount I
borlowed (the 'Maximum Amount").
originally If,based upon the assumptionthat I will continue to
make my current Minimum Payment,the Note Holder determines that
making my current Minimum Payment
will cause
my unpaid principal
balance (o exceed the Maximum Amount. ihen
the Note Holder
new monthly Minimum may calculate a
Paymenl to prevent my pri,lcipal balance from doing this. Thereafter,
until otherwise
changed in accordance with the terms of this Note, my new
monthly Minimum Payment will be a
fully-amortizirlg
payment calculated in accordance with Section 3(E)(i)
4. NOTICE OF CHANGES
The Note Holder
will deliver or mail to me a notice of
any changes in the amount of Minimum my
Payment before the effective date of
any change.The notice will contain theillterestrate or rates
my loan for each nionth since the priornolice or, for the firstnotice, since (he applicableto
date of this Noie, and ihe
payment amount applicable (o the loan. The notice will also
include int'ormation
me, and also the title and requiredby law (o be given to
lelephone rmmber ofa person who wiU answer
any question I may have regarding the
notre.
5. FAILURE TO MAKE ADJUSTMENTS
Il for any reason Nole Holder fails (o make an adjitsfmemto the interest rate or
defcribed in ihi? Note, payment amount as
regardlessof,my notice requirement, 1
agree thai Note 1 Iolder may. after discovery
such failure, of
make the adjustment as if it had been made on time, I also
agree not to hold Note Holder
responsiblefor any
damages to me which may result from Note Holder's to make the adjustmentand
failure to
let the Note ]Iolder,at its option,apply any excess monies which I may have to
paid partialPrepaymentof
unpaidprincipal.
6. BORROWER'S RIGHT TO F'REPAY
I have the rightto make
payments of principal
at
any lillie before
theyare due. A payment of principal
only is known as a When I make a Prepaymenf,
"Prepayment." i will tell the Note Holder in
writingthat I ali]
doingso. !
may not designate a payment as a
Prepaymentif I have not made ali the
monthly payments due
under this Note. Unless otherwise stated in a
Prepaymem PenaltyAddendum included in my loan documents, I
may make a full Prepaymenlor partial Prepayments, without payingany
will use alj of my
Prepaymentcharge.The Note Holder
to reduce the amount of
Prepayments principal that I owe under this Note.
However, the Note
Holder inay applymy to the accrued and
Prepayment unpaid interest on the Prepaymentamount, other amounls
due and fees befor'e
applicable applyingmy Prepayment lo reduce Ihe principalthat ! owe under (hls Noie.
A
partialPrcpaymcnt will not result in a
change in the due dates of my monthly
payments,
7 LOAN CHARGES
If a law, which applies
to this loan and which sets maximum loan charges(the "Maximum
Rate"),is finally
interpreted
so that tile interest or other loan
chargescollected
or lo be collected in colmection
with this loan
exceed the
permitted limits. then. as
m.y sole relnedy(i)any such loan cllarge shall be reduced
by the amount
necessary [o reduce tile charge to lhe permitted limit and (ii)
any sums alreadycollected from me that exceeded
MTACFFL<115 ) Rev. 3/ 19/07
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15791965
i
MIN 57701608:
1000153-0577016082-
permitted linms will be iefunded to me.
The Note Holder
I owe under this
may choose to make this refund
principal Note or by by reducingthe
makinga direct payment to me. If a refund
reduction will be treated as a reduces principal,
the
partial
Prepayment.
8.
BORROWER'S FAILURE TO PAY AS
(A)Late
REQUIRED
Charges for Overdue Payinents
If the
Note Holder has not received
the full amount of
any monthlypayment
calendar da.ys after the date it is
due, I will pay a late by the end of fifteen(I5)
will be five
chargeto the Note
Holder. The amount of the
percent(5%) of my overdue late
payment. I witl pay this late charge charge
late
payment. protnptlybut
onlyonce on each
(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,
(C) Notice of Defalllt
If I am in default,
the Noie i Iokler
may send me a written notice me that it'] do not
overdue amount
by a certain date,the Note [folder telling pay the
may require me to pay
principal which has not been
paidand all the. interest that I owe on tllat immediately the full amount of
davs after the date on amount That date must be at least
which the notice is delivered or 30
malied to me.
(D) No Waivej by Note Holder
Even if, at a time when I am in
default, the Note Hojder does not
as described reriuire me to pay
above, the Note Holder will
stillhave the immediately in full
rightto do so if I am iii default at a later
(]i) Payment of Note time,
Holder's Costs and
If the Note Holder Expenses
has required me to pay
have the righlto be immediately in full as described
above, the Note Holder will
paidback by inc for all of its costs and
expenses in enforcing
this Note to
prohibited
by applkable
law. Those
indude, for
the extent not
expenses example,
reasonable
attorneys'
fees,
9. GIVING OF NOTICES
Unless
applicable law requiresa different
method, any notice that must be
wi]1 be
givenby delivering it or given to me under this Note
by mailingit l,yfirstclass mail to me at the
different address ifl givethe Note Holdera PropertyAddress above, or at a
to
given ihe Note Holder under this Note will be
noticeinwriting ofmy differentaddress.
Any noticethatmust be
givenby mailingit by firstclass mail to the
the address stated in Section 3 Note Holder
(A) of this Note or at a different at
address if I am
address. given a notice of that different
]0.
OBLIGATIONS OF PERSONS LJNDE,R -rI-IIS NOTE
If more than one
person signsthis Note, each
made person is fullyand personally
obligated
to
promises in this Note,
including
the promiseto keep all of the
pay the full amount owed.
surety or endorser of this Note
guarantor, is also
Any person who is a
to do lhese
obligated
these things.
Any person who takes over
obligations,
including
the obligations
ofa
all of the
guaranlor,
suretyor endorser of this Note, is also
keep promisesmade in this Note. obligated
to
The Note Holder
each person may enforce its
rightsunder this Note against
indjvidualiy
oragainstall of us together.
This meat,s that
all of the amounts owed under any one of us may be
this Note. required to
pay
!!. WAIVERS
I and
any other person who has
Dishonor. "Presentment"
obligationsunder it]isNote waive the
rightsof Presentment and Notice of
nleans the rightto the Note Holder f0
require demand
"Notice of Dishonor" means
the rightto payment of amounts due.
due have not been
requirethe Note Holder to givenotice to other
paid. persons thal amounts
12. UNIFORM SECURED NO'rE
This Note is a uniform
instrument with limited varlations in
some
protec?ions the Note Holder under this
given to jurisdictions.In addition to the
Note, a Deed of Trust or
Mortgage, Security Deed (the
"Security
Instrument"),
dated the same date as this
Note, protects
tile Note Holder from
MTACFFL(115) Rev. 3/19/07 / possible losses that
Page 4 of S
15 /9:965
MIN 57701608:
1000153-0577016082-
might result if I do not keep the
promisesthat I make in this Note. That
under what conditions I Security instrument describes how
and
may be requiredto make
immediate payment in full of ait
Some of these conditions are described amounts ! owe under this Note.
as follows:
Transfer of the or a
Property Beneficial Interest in
Borrower. If all or any
or
Property any interest in it is sold or part of the
transferred(or if a beneficial
transferredand interestjn Borrower is sold
Borrower is not a natural or
at its
person) without Lender's priorwritten
option,requireimmediate payment in full of all sums consent, Lender
may,
secured by the
However, this optionshall not be Security Instrument,
exerdsed by Lender if exercise is
date of the prohibited by federal law as of the
Security Instrument. Lender shall also
not exercise this
be submitted to option if: (a)Borrower
Lender information causes to
required by Lender to evaluate the intended
loan were transferee as if a new
beingmade to the transferee; and (b)Lender
will not be reasonably determines that Lender's
impairedby the loan assumption and that the risk of a breach security
of any covenant or
agreementin the SecurityInstrument is
acceptable to Lender.
To the extent
permittedby applicable law, Lender may
Lender's consent to the loan chargea reasonable fee as a condition to
assumption. Lender may also
requirethe transferee to signan
Assumption Agreementthat is acceptable to Lender and that
promisesand agreements made in the Note and in the obligates the transferee to
keep ali the
be obligated under the Note and
Security Instrument. Borrower will continue to
Security Instrument unless Lender releases
Lender exercises the Borrower in writing. If
optionto requireimmediate
of acceleration.The notice shall payment in full,Lender shall give Borrower
notice
providea periodofoot less than 30
deliveredor mailed within which days from the date the notice is
Borrower must pay all sums
secured by the
the Borrower fails to
pay these sums priorto the
Security Instrument. lf
expiration of thisperiod,Lender
remedies permitted the
by may invoke any
SecurityInstrumentwithout further notice or
demand on Borrower.
13. DOCUMEN1 ARY TAX
The state tax due on
documentary this note has been paid on the
mortgage securing
this indebtedness.
Witness the Hand(s) and
Seal(s)of the c
Undersigned.
1
ZhorX-+J-A-?TE
867 T=jcnw
CHARLES GRIFFIN
Date TONIE GRIFFIN *iwH Iuy. 8-15-7
Date
Date
Date
**THIS LOAN IS SUBJECT TO A
PREPAYMENT PENALTY. SEE ATTACHED
PENALTY ADDENDUM TO NOTE** PREPAYMENT
MTACFFL (1151 Rev. 3/19/07
Page 5 of 5
15791965
3 YEAR PREPAYMENT PENALTY
ADDENDUM TO NOTE
This Addendum i5 attached to and made part of that Note (the "Note")dated
between CHARLES GRIFFIN and TONIE GRIFFIN August 15, 2007
Preview
Filing# 184657973 E-Filed 10/24/2023 03:43:30 PM INTHE CIRCUIT COURT OF THE SEVENTEENTH JL?DICIAL CIRCUIT IN AND FOR BROWARD COUNTY. FLORIDA GENERAL JURISDICTION DIVISION CASE NO. CACE22014275 WILMINGTON SAVINGS FUND SOCIETY, FSB. NOT ]N ITS INDIVIDUAL CAPACITY BIJT SOI,ELY AS OWNER TRUSTEE OF CSMC 2018-SP3 TRUST. Plaintiff, VS. THE UNKNOWN HEIRS. BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS. CIUZDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF CHARLES S. GR[FFIN. DECEASED. et at. Defendant(s). NOTICE OF FILING iTn On this CMW- 24+?yof by and through 2023, Plaintiff, its undersigned attorney hereby files: Original Note OriginalMortgage ROBERTSON, ANSCHUTZ. SCHNEID, CRANE & PARTNERS. PLLC Attorney for Plaintiff 6409 Congress Ave,, Suite 100 Boca Raton, FL 33487 ielephooe:561-241-6901 Facsimile: 561-997-6909 Service Email:flmail@raslg.com By: O g E?ft,EsqJfre iAniie mmiSACNS:.E.5.9? ii.WXNo.9253 . h&FioridaBF-Go@gi Communication Email: jepstein@raslg.com IlllIIILIILIIilill1111107111111111IiI IlllIIILIIIHIHLHHHLLIILIi.i.III 11111 LLILLHLILHLLLHOIOILI PAGE 1 22-014367 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/24/2023 03:43:29 PM.**** SERVICE LISrr ONIE M. GR IFFIN [ 1851 NW 36TH AVE FORT LAUDERDALE, FL 333114108 GILBERT GRIFFIN, AS NOMINATED PERSONAL REPRESENTATIVE IN TI IE ESTATE OF CHARLES GRIFFIN, DECEASED 2511 NW 5[1I ST POMPANO BEACH, F[. 33069 GILBERT GRIFFIN 2511 NW 5TH ST POMPANO BEACH. FL 33069 GEORGE ALONSO GRIFFITH SR. 771 NW 22ND ROAD FORT LAUDERDALE, FL 33311 SUSAN CHAPMAN 2060 NW 48 TERRACE, APT 104 LAUDERHILL, FL 33313 PAGE 2 22-014367 577016082 MIN 1000153-0577016082-2 ADJUSTABLE RATE NOTE O Year Paymen[ Option / 1 Month MTA Index / Month ly Adjustable Rate ARM ) rHISNOTE CONTAINS PROVISIONS A[. LOW[NG FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT, [NCREASES AND DECREASES TO MY MONTHLY PAYMENT AND MY INTEREST RATE ARE LIMITED. THE PRINCIPAL AMOUNT TO REPAY COULD BE GREATER -1'HAN THE AMOUNT ORIGINALLY BORROWED, BUT NOT MORE THAN THE LIMIT STATED [N THIS NOTE. A BALLOON PAYMENT MAY BE DUE AT MATURITY. August 15, 2007 Ft. Lauderdale Florida [Date] [Cityl [Sta(e] 1701 6TH AVENUE, NW, FORT LAUDERDALE, FL 33311-4803 Address] IProperty !. BORROWER'S PROMISE TO PAY f have received, I promise to pay Two Hundred Seventy In return for a loan that Seven Thousand Five Hundred and 00/100 Dollars (U.S.$277,500.00) accordance with Sections 3 (C) and 3 (F) of this Note (this amount is called plus any amounts added in plusinterest, to the order of "Principal"). the Lender. The Lender is Chevy Chase Bank, F.S.B. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by Transfer and Note is called the "Nole Holder." who is entitled to receive payments under this 2. INTERES-I (A) Interest Rate be charged on unpaid principa., Interest will includingany deferred interest added to the unpaid principal 3 (C) below), until the fu 1 amount of principal has been paid. Until the first Interest (as described in Section Date defined Section 2 (B) be.ow), I will pay interest at the yearlyrate of 8.500%. Rate Change (as iTt The interest rate I will pay may change monthly. this Section 2 is {he rate 1 will pay both before and after any default described rhe interest rate requiredby in Section 8 (B) of this Note. (B) Interest Rate Cliange Dates first day of October, 2007 and on that The pay may change on the interest rate [ will , rate could change is called an "Interest Rate Change Each date on which my interest day every month thereafter. on Interest Rate Change Date. Date." The new rate of interest will become effective each (O Interest Rate Limits My interest rate will never be greater than 11.900% My interest rate will never be less than the Margin as set forth in Section 2 (E) below. (D) The Index interest rate will be based on an Index. The Beginningwith the first Interest Rate Change Date, my on United States "Index" is a Twelve Month Average of the monthlyyields("MonthlyAverage Yields"} ("MTA"). as made available by the Board of Treasurysecurities adjustedtoa constanl maturityofoneyear Governors of the Federal Reserve System in the Federal Reserve Statistical release NO. H. 15 entitled "Selected the Monthly Av erage Yields for Interest Rates." The Twelve Month Average determined by addingtogether is of the date 15 to the Interest Rate Change the precedingtwelve months most recentlyavailable as days prior The most recent Index available as of the date 15 days before Date, and result dividingthe by twelve. figure each Interest Rate Change Date is called the "Currenl Index." If the Index or any Index previouslysubstituted under this Section 2 (D) is no longeravailable,or is the Note Holder may choose a new Index and a new Margit](o result in a rate similar to otherwise unpublished, information. The Note Holder will give me notice the rate in effect at that time which is based upon comparable of the choice. Y .7 ' MTACFFL (115 ) Rev. 3/19/07 Page l of 5 1579L96E 577016082 MIN 1000153-0577016082-2 (E) Calculation of Interest R:Le Changes Before each Interest Rate Change Date, the Note Holder wi]I calculate my new interest nte by adding Three and 500/1000 percentage points ( 3.500% ) (the i,Margin")to the Current Index, Tile Note IIolder will theil round the result of this addition to the nearest one-eighthof one percentage point (0.125%), Subject m the imeresl rate limits staled in Section 2 (C) above, the rounded amount will be my new interesl rate ((he "FullyIndexed Rate") until the next Interest Rate Change Dale. 3 PAYMENTS (A) Tinie and Place of Payments l will make my monlhly payments, as described in Sections 3 (B) through 3 (F) below, on the first day of each montb, but no sooner than thirty(30) days before each payment's due date, beginningon October 1, 2007 I will make these payments every month until I have paid all of the ?rincipa]and interest aitd any other charges described below that may owe under 1 this Note. My monthly payments will be appliedlo interesl before If, on principal. September 1, 2047 I still owe amounts under this Note. pay those amounts in full on that date. which is called ihe "Maturit.yDate." I will I will make my tno?hly paynlents at P. O. Box 17000, Baltimore, MD 21297-1000 oral a different placeif requiredby ihe Note Holder. (B) Minimum Payment As of the date of this Note, my imtiai required "Minimum Payment" is $ 769.15. Unless the nmximum principalbalance is reached as set forth in Section 3 (F) because of deferred interest, this amount will remain the same for the lirst12 monthiy payments due under this Note, Thereafter, Minimum my Payment is subjectto change as described in detail below. Notwithstanding the payment optionsset forth in Section 3 (E) below, I must make at least the Minimum Payment each month. My initial requiredMinimum Payment was calculated to equal an amount that would have been sufficient to repay the unpaid principalI owe in full oo the Maturity Date in substantially equal paytnenls using a minimum payment rate of 1.500% in lieu of tile actual interest rate. This nlinimum payment rate is not the amount of interest that wi[[ be charged otl my loan, but rather was used solelyfor calculatingthe initial requiredMinimum Payment. (C) to My Unpaid Principal My initial and future requiredMinimum Payments may be less than the anlount of the interest charged I choose to make duringthat month. If onlythe Mlnimum Payment when that amount is less than the interest due, the Note Ilolder will subtract the amount of my payment from the amount of the interest due and will add the difference to my unpaid principal. This difference is known as 'Deferred Interest," The Note ![older also will charge interest each month oil aliy Deferred Interest that continues to be part of my unpaid principal balance. The init'rest rate on the Deferred Interest a<1(led to principa]will be the rate set forth in Section 2 of this Note. CD) Payment Changes My Minimuni Payment will CI,amge linder the followingcircuntstai,crs (i) Payment Change Dates, My Minimum Payment may change on the first day of October, 2008 monthly and on , ihat same day every 12th month thereafter. Each of these dates is called a "Payment Change Date," Before each Payment Change Date, the Note IIolder will calculate the amount of the monthly payment that would be sullicient to repay my unpaid principalin full on the MaturityDate in substantially equal installments at my new interest rate calculated pursuant to Section 2 (E) above. My new monthly Minimum Payment will be set equalto tlie recalculated amount excepl 1]1]1 my new Minimum Payment will not be niore than 7.500 percent greater or less than the amount of the last monthly payment lhat was due before the applicable Payment Change Date. (ii) Adjust ment Dates. NotwithstandingSeclinn 3 (D) (i) above. on the l Oth Payment Change Date and on each 5th Payment Chamge Date thereafter, my Minimum Payment wiU be adjustedaq explainedabove, except that the described 7.500 percent limitation will not apply, (iii) Other Changes. MY monthly payment may also change as described in Section (F) below. ' MTAC Fri (115) Rev 3/19/07 Page 2 of 5 ?5791965 T=7 IL, 577016082 MIN 1000153-0577016082-: (E) Payinetit Options Addilional paymem optiolts, such as. 0; a fully-amortizing paymenl lie., a payment that would be sufficient to repay Ihe unpaidprincipal balance in full on tlie MaturityDate sul)$(antially iii equal installmenls ac the t uirent FullyIndexed Ra(c): (Ii)an interest-only a payment payment (i.e., equal to the iuterest accruedon Ihe balance at the FullyIndexed principal Rate);and, (iii) a 15-yearamortization option.may. at the Note Holder's discretion,be shown on my monthly slalement. These payment optionsare shown for my convenience and change each month based on changesin the Index Casdescribed in Section 2 may (D) of this Note) and the amount of my priiicipalbalance. Althn,igh changes iii none of these optionalpayments is required, a timelypayment made in accordance with any payment optionshown on nly monthly statement will be deemed to be in coinptiancewith the terms of this Note. Tn at! events. a payment option offered on my monthly statement will never be less than my Minimum Payment. (F) Payment Limitations In all events, my unpaidprincipa[ balance can never exceed a maximum 115 of percent of the principal amount I borlowed (the 'Maximum Amount"). originally If,based upon the assumptionthat I will continue to make my current Minimum Payment,the Note Holder determines that making my current Minimum Payment will cause my unpaid principal balance (o exceed the Maximum Amount. ihen the Note Holder new monthly Minimum may calculate a Paymenl to prevent my pri,lcipal balance from doing this. Thereafter, until otherwise changed in accordance with the terms of this Note, my new monthly Minimum Payment will be a fully-amortizirlg payment calculated in accordance with Section 3(E)(i) 4. NOTICE OF CHANGES The Note Holder will deliver or mail to me a notice of any changes in the amount of Minimum my Payment before the effective date of any change.The notice will contain theillterestrate or rates my loan for each nionth since the priornolice or, for the firstnotice, since (he applicableto date of this Noie, and ihe payment amount applicable (o the loan. The notice will also include int'ormation me, and also the title and requiredby law (o be given to lelephone rmmber ofa person who wiU answer any question I may have regarding the notre. 5. FAILURE TO MAKE ADJUSTMENTS Il for any reason Nole Holder fails (o make an adjitsfmemto the interest rate or defcribed in ihi? Note, payment amount as regardlessof,my notice requirement, 1 agree thai Note 1 Iolder may. after discovery such failure, of make the adjustment as if it had been made on time, I also agree not to hold Note Holder responsiblefor any damages to me which may result from Note Holder's to make the adjustmentand failure to let the Note ]Iolder,at its option,apply any excess monies which I may have to paid partialPrepaymentof unpaidprincipal. 6. BORROWER'S RIGHT TO F'REPAY I have the rightto make payments of principal at any lillie before theyare due. A payment of principal only is known as a When I make a Prepaymenf, "Prepayment." i will tell the Note Holder in writingthat I ali] doingso. ! may not designate a payment as a Prepaymentif I have not made ali the monthly payments due under this Note. Unless otherwise stated in a Prepaymem PenaltyAddendum included in my loan documents, I may make a full Prepaymenlor partial Prepayments, without payingany will use alj of my Prepaymentcharge.The Note Holder to reduce the amount of Prepayments principal that I owe under this Note. However, the Note Holder inay applymy to the accrued and Prepayment unpaid interest on the Prepaymentamount, other amounls due and fees befor'e applicable applyingmy Prepayment lo reduce Ihe principalthat ! owe under (hls Noie. A partialPrcpaymcnt will not result in a change in the due dates of my monthly payments, 7 LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges(the "Maximum Rate"),is finally interpreted so that tile interest or other loan chargescollected or lo be collected in colmection with this loan exceed the permitted limits. then. as m.y sole relnedy(i)any such loan cllarge shall be reduced by the amount necessary [o reduce tile charge to lhe permitted limit and (ii) any sums alreadycollected from me that exceeded MTACFFL<115 ) Rev. 3/ 19/07 Pagf 3 al 5 i 15791965 i MIN 57701608: 1000153-0577016082- permitted linms will be iefunded to me. The Note Holder I owe under this may choose to make this refund principal Note or by by reducingthe makinga direct payment to me. If a refund reduction will be treated as a reduces principal, the partial Prepayment. 8. BORROWER'S FAILURE TO PAY AS (A)Late REQUIRED Charges for Overdue Payinents If the Note Holder has not received the full amount of any monthlypayment calendar da.ys after the date it is due, I will pay a late by the end of fifteen(I5) will be five chargeto the Note Holder. The amount of the percent(5%) of my overdue late payment. I witl pay this late charge charge late payment. protnptlybut onlyonce on each (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, (C) Notice of Defalllt If I am in default, the Noie i Iokler may send me a written notice me that it'] do not overdue amount by a certain date,the Note [folder telling pay the may require me to pay principal which has not been paidand all the. interest that I owe on tllat immediately the full amount of davs after the date on amount That date must be at least which the notice is delivered or 30 malied to me. (D) No Waivej by Note Holder Even if, at a time when I am in default, the Note Hojder does not as described reriuire me to pay above, the Note Holder will stillhave the immediately in full rightto do so if I am iii default at a later (]i) Payment of Note time, Holder's Costs and If the Note Holder Expenses has required me to pay have the righlto be immediately in full as described above, the Note Holder will paidback by inc for all of its costs and expenses in enforcing this Note to prohibited by applkable law. Those indude, for the extent not expenses example, reasonable attorneys' fees, 9. GIVING OF NOTICES Unless applicable law requiresa different method, any notice that must be wi]1 be givenby delivering it or given to me under this Note by mailingit l,yfirstclass mail to me at the different address ifl givethe Note Holdera PropertyAddress above, or at a to given ihe Note Holder under this Note will be noticeinwriting ofmy differentaddress. Any noticethatmust be givenby mailingit by firstclass mail to the the address stated in Section 3 Note Holder (A) of this Note or at a different at address if I am address. given a notice of that different ]0. OBLIGATIONS OF PERSONS LJNDE,R -rI-IIS NOTE If more than one person signsthis Note, each made person is fullyand personally obligated to promises in this Note, including the promiseto keep all of the pay the full amount owed. surety or endorser of this Note guarantor, is also Any person who is a to do lhese obligated these things. Any person who takes over obligations, including the obligations ofa all of the guaranlor, suretyor endorser of this Note, is also keep promisesmade in this Note. obligated to The Note Holder each person may enforce its rightsunder this Note against indjvidualiy oragainstall of us together. This meat,s that all of the amounts owed under any one of us may be this Note. required to pay !!. WAIVERS I and any other person who has Dishonor. "Presentment" obligationsunder it]isNote waive the rightsof Presentment and Notice of nleans the rightto the Note Holder f0 require demand "Notice of Dishonor" means the rightto payment of amounts due. due have not been requirethe Note Holder to givenotice to other paid. persons thal amounts 12. UNIFORM SECURED NO'rE This Note is a uniform instrument with limited varlations in some protec?ions the Note Holder under this given to jurisdictions.In addition to the Note, a Deed of Trust or Mortgage, Security Deed (the "Security Instrument"), dated the same date as this Note, protects tile Note Holder from MTACFFL(115) Rev. 3/19/07 / possible losses that Page 4 of S 15 /9:965 MIN 57701608: 1000153-0577016082- might result if I do not keep the promisesthat I make in this Note. That under what conditions I Security instrument describes how and may be requiredto make immediate payment in full of ait Some of these conditions are described amounts ! owe under this Note. as follows: Transfer of the or a Property Beneficial Interest in Borrower. If all or any or Property any interest in it is sold or part of the transferred(or if a beneficial transferredand interestjn Borrower is sold Borrower is not a natural or at its person) without Lender's priorwritten option,requireimmediate payment in full of all sums consent, Lender may, secured by the However, this optionshall not be Security Instrument, exerdsed by Lender if exercise is date of the prohibited by federal law as of the Security Instrument. Lender shall also not exercise this be submitted to option if: (a)Borrower Lender information causes to required by Lender to evaluate the intended loan were transferee as if a new beingmade to the transferee; and (b)Lender will not be reasonably determines that Lender's impairedby the loan assumption and that the risk of a breach security of any covenant or agreementin the SecurityInstrument is acceptable to Lender. To the extent permittedby applicable law, Lender may Lender's consent to the loan chargea reasonable fee as a condition to assumption. Lender may also requirethe transferee to signan Assumption Agreementthat is acceptable to Lender and that promisesand agreements made in the Note and in the obligates the transferee to keep ali the be obligated under the Note and Security Instrument. Borrower will continue to Security Instrument unless Lender releases Lender exercises the Borrower in writing. If optionto requireimmediate of acceleration.The notice shall payment in full,Lender shall give Borrower notice providea periodofoot less than 30 deliveredor mailed within which days from the date the notice is Borrower must pay all sums secured by the the Borrower fails to pay these sums priorto the Security Instrument. lf expiration of thisperiod,Lender remedies permitted the by may invoke any SecurityInstrumentwithout further notice or demand on Borrower. 13. DOCUMEN1 ARY TAX The state tax due on documentary this note has been paid on the mortgage securing this indebtedness. Witness the Hand(s) and Seal(s)of the c Undersigned. 1 ZhorX-+J-A-?TE 867 T=jcnw CHARLES GRIFFIN Date TONIE GRIFFIN *iwH Iuy. 8-15-7 Date Date Date **THIS LOAN IS SUBJECT TO A PREPAYMENT PENALTY. SEE ATTACHED PENALTY ADDENDUM TO NOTE** PREPAYMENT MTACFFL (1151 Rev. 3/19/07 Page 5 of 5 15791965 3 YEAR PREPAYMENT PENALTY ADDENDUM TO NOTE This Addendum i5 attached to and made part of that Note (the "Note")dated between CHARLES GRIFFIN and TONIE GRIFFIN August 15, 2007