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IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR COLLIER COUNTY
BAC Home Loans Servicing, LP
Plaintiff,
Case #: 2009-CA-006493 = 3 2
“WS i o= 5
Karen L. Ramdeen and Carrie A. Ramdeen Fle, ae
Oi Gray |
alk/a Carrie A. Peters; et al. woay | 2 FB
Defendant(s). Une a =
NOTICE OF FILING —_ = S
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PLAINTIFF, BAC Home Loans Servicing, LP, hereby gives Notice of Filing of:
1. Original Note
2. Original Mortgage
CERTIFICATE OF SERVICE
I HEREBY CERTIFY copy of the above and foregoing Notice of Filing was
mailed on this day of , 2011, by Ist Class U.S. Mail to the following:
Karen L. Ramdeen, 264 Palm Drive, Apartment 6, Naples, FL 34112
Carrie A. Ramdeen a/k/a Carrie A. Peters, 233 Palm Drive, Condo Unit #2, Building #233, Naples, FL
34112
Zebulon Peters, 233 Palm Drive, Condo Unit #2, Building #233 34112
Glades Golf and Country Club, Inc., c/o Steven M. Falk, Esq, 850 Park Shore Drive, Naples, FL 34103
SHAPIRO, FISHMAN & GACHE, LLP
Attorneys for Plaintiff
4630 Woodland Corporate Blvd.
Suite 100
Tampa, FL $3614
Telephone: (81/4) 880-8888
Fax: (813) 8B0%B8
By:
Christopher Giacinto, Esq.
FL Bar # 55866
aaa
LT"THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE."
09-146177NOTE
FHA CASE NO.
095-0410075-734
June 06, 2007
[Date] /
233 Palm Drive #2 3 | (
Naples, FL 34112 Canceled By 5
pens Adis Final Summary Judgment
1. PARTIES
“Borrower” means each person signing at the end of this Note, and the person’s QEFQKECIOSHEG.. “Lender”
means Taylor, Bean & Whitaker Mortgage Corp.
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of
One Hundred Ninety Two Thousand Eight Hundred Fifty and no/100 Dollars
(US. $192,850.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid
principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six and One Quarter
percent ( 6.2500%) per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same
date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might
result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender ‘on the first day of each month beginning on
August 01, 2007 . Any principal and interest remaining on the first day of July 2037 ,
will be due on that date, which is called the "Maturity Date."
(B) Place
Payment shall be made at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL
34475
or at such other place as Lender may designate in writing by notice to Borrower.
(© Amount
Each monthly payment of principal and interest will be in the amount of US. $1,187.41 .
This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal,
interest and other items in the order described in the Security Instrument.
00 aac(D) Allonge to this Note for Payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the
allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note. (Check applicable box.)
[_ | crowing Equity Allonge [| ceaduated Payment Allonge
[Jove speci]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first
day of any month. Lender shall accept prepayment ‘on other days provided that Borrower pays interest ‘on the amount prepaid
for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower
makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender
agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C)
of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of
Four percent ( 4%) of the overdue amount of each payment.
@®) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of
the Sccretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all
accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent
default. In many circumstances regulations issued by the Secretary will limit Lender’s rights to require immediate payment in
full in the case of payment defaults, This Note does not authorize acceleration when not permitted by HUD regulations. As
used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee.
(©) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable
law. ‘Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means
the right to require Lender to give notice to other persons that amounts due have not been paid.
8 GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be
given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if
Borrower has given Lender a notice of Borrower's different address.
‘Any notice that must be given to Lender under this Note willl be given by first class mail to Lender at the address stated
in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
9. 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. Lender may enforce
its rights ‘under this Note against cach person individually or against all signatories together. Any one person signing this Note
may be required to pay all of the amounts owed under this Note.
GREATNO
TEM TO771L2 (8810) (Page 2 of 3 pages) To Order Call: 1-800-530-9993 CIFax 616-791-113110. DOCUMENTARY TAX
‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 3 of this
Carrie A. Peters Zebulon Peters “Borrower
(Seal) (Seal)
“Borrower “Borrower
(Seal) (Seal)
“Borower “Borrower:
[Sign Original Only]
Without recourse, pay to the order of
By: Taylor, Bean & ‘Whitaker
Mortgage Corp.
Eria Carter-Shae EVP
GREATNO
ITEMTET71L3 0610) (Page 3 of 3 pages) To Order Cal: 1-800-590-8993 LiFax 616-791-1131r
LE ~ 403Y7 OR: 4243 PG: 1412
RECORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL
PREPARED BY: 06/13/2007 at 11:33AM DWIGHT B. BROCK, CLBRK
OBLD 192850.00
Name: OBLI 192850.00
RBC FRE 86.50
Address: Taylor, Bean & Whitaker Mortgage Corp. DOC-.35 675.15
1417 North Magnolia Ave INT-.002 385.70
Ocala, FL 34475 Retn:
FORSYTH BRUGGBR BT AL
Retum to: FORSYTH & BRUGGER 600 FIPTH AVE $ #207
600 5TH AVENUE S, STE 207, STE, STE 207 cron a none seen reen
NAPLES 0:
VA
618 22519511 D2 001 @01
{Space Above This Line For Kecoraing vara
MORTGAGE FHA CASE NO.
095-0410075-734
MIN: 100029500018151187
THIS MORTGAGE (“Security Instrument”) is given on June 06, 2007
The mortgagor is Carrie A. Peters, f/k/a Carrie A. Ramdeen, a married woman, Joined by her husband,
Zebulon Peters
(“Borrower”). This Security Instrument is given to
Mortgage Electronic Registration Systems, Inc. (““MERS”) (solely as nominee for Lender, as hereinafter defined, and
Lender’s successors and assigns), as beneficiary. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Taylor, Bean & Whitaker
Mortgage Corp.
(“Lender”) is organized and existing
under the laws of FL ,and
has an address of 1417 North Magnolia Ave, Ocala, FL 34475
Borrower owes Lender the principal sum of One Hundred Ninety Two Thousand Eight Hundred Fifty and no/100
Dollars (U.S. $ 192,850.00 ).
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 July 01, 2037 .
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 MERS (solely as nominee for Lender and Lender’s successors and assigns) and to the successors and assigns of MERS the
following described property located in Collier County, Florida:
See Attached Exhibit A.
FLORIDA FHA MORTGAGE 6196
GREATLAND m
ITEM T9702L1 (0206}—MERS. (Page 1 of 7 pages) To Order Cal 1-800-530-0963 (3 Fax: 616-791-1131
WA A
*0242861815118". ~ “> OR: 4243 PG: 1413
which has the address of 233 Palm Drive #2
[Street]
Naples Florida 34112 "Pi idress”);
{City} [Zip Code} (Property Ad »
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,
and fixtures now or hereafter a 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 understands and agrees
that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply
with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all
of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of
Lender including, but not limited to, releasing or canceling this Security Instrument.
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, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on,
the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment,
together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special
assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c)
premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance
premium to the Secretary of Housing and Urban Development (“Secretary”), or in any year in which such premium would
have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for
the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage
insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the
Secretary. Except for the monthly charge by the Secretary, these items are called “Escrow Items” and the sums paid to
Lender are called “Escrow Funds.”
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of
1974, 12 U.S.C. §2601 gt seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time
(“RESPA”), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before
the Borrower’s payments are available in the account may not be based on amounts due for the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall
account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not
sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage
as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower
tenders to Lender the full payment of all such sums, Borrower’s account shall be credited with the balance remaining for all
installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to
pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale
of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all
installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
EIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
the Secretary instead of the monthly mortgage insurance premium;
SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other
hazard insurance premiums, as required;
THIRD, to interest due under the Note;
FLORIDA FHA MORTGAGE
GREATLAND
ITEM 7970212 (0205) —MERS (Page 2 of 7 pages) To Order Cal 1-800-520-9999 © Fax: 616-791-1131: ~ > OR: 4243 PG: 1414
EQURTH, to amortization of the principal of the Note; and
ELELH, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now
in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall
also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the
extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies
and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to,
Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made
promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss
directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by
Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair
of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the
monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance
proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be
paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the
indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after
the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to
occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are
beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit
waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear
excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take
reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower,
during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to
provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations conceming Borrower's occupancy of the Property as a principal residence. If this Security Instrument is
on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the
leaschold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned
and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this
Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security
Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal.
Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are
referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all
outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender’s Rights in the Property. Borrower shall pay all governmental
or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time
directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property,
upon Lender’s request Borrower shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect
Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then
Lender may do and pay whatever is necessary to protect the value of the Property and Lender’s rights in the Property,
including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
FLORIDA FHA MORTGAGE
GREATLAND @
ITEM 7970213 (0205)—MERS- (Page 3 of 7 pages) To Order Cal; 1-800-530-0399 Fax: 616-791-1131: ~ “> OR: 4243 PG: 1415
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by
this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of
Lender shall be immediately due and payable.
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 (c) 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.
8. Fees, Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults,
require immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior
to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this
Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the
Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(4)) and with the prior approval of the
Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
() All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or
otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser
or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the
requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender
does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender’s
rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This
Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be
eligible for insurance under the National Housing Act within eight months
from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this
Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to
eight months from the date hereof, declining to insure this Security
Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing,
this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender’s failure to
remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of
Borrower’s failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure
proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to
bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument,
foreclosure costs and reasonable and customary attorneys’ fees and expenses properly associated with the foreclosure
proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in
effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i)
Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately
preceding the commencement of a current foreclosure proceeding, (ji) reinstatement will preclude foreclosure on different
grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest
of Borrower shall not operate to release the liability of the original Borrower or Borrower’s successors in interest. Lender
shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or
FLORIDA FHA MORTGAGE
GREATLAND
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otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower’s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear
or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower’s
consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property
Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail
to Lender’s address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can
be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are
declared to be severable.
15. Borrower’s Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority,
that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, “Hazardous Substances” are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used
in this paragraph 16, “Environmental Law” means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the
Property. Borrower authorizes Lender or Lender’s agents to collect the rents and revenues and hereby directs each tenant of
the Property to pay the rents to Lender or Lender's agents. However, prior to Lender’s notice to Borrower of Borrower’s
breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of
the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment
and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for
benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect
and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or
Lender’s agent on Lender’s written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of
breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any
FLORIDA FHA MORTGAGE
GREATLAND @
ITEM 7970215 (0205)—MERS (Page 5 of 7 pages) To Order Call: 1-800-530-8983 C0 Fax:616-791-11316 OR: 4243 PG: 1417
application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of
rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose
this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys’ fees and costs of title evidence.
If the Lender’s interest in this Security Instrument is held by the Secretary and the Secretary requires immediate
payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family
Mortgage Foreclosure Act of 1994 (“Act”) (12 U.S.C. 3751 gt seq.) by requesting a foreclosure commissioner designated
under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence
shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law.
19, Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security
Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under
applicable law.
20. Attorneys’ Fees. As used in this Security Instrument and the Note, attorneys’ fees shall include those awarded by
an appellate court and any attorneys’ fees incurred in a bankruptcy proceeding.
21. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action, proceeding, claim, or
counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Security Instrument
or the Note.
22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the
covenants and agreement of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)
[Xx] Condominium Rider [C1 Graduated Payment Rider ( Growing Equity Rider
(Planned Unit Development Rider [_] Adjustable Rate Rider (Z) Rehabilitation Loan Rider
(1) Non-Owner Occupancy Rider (J) other [Specify]
FLORIDA FHA MORTGAGE
GREATLAND ®
ITEM 7970216 (0205)—-MERS (Page 6 of 7 pages) To Order Cal: 1-800-530-8993 (2 Fax: 616-791-1131- oe > OR: 4243 PG: 1418
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages 1 through 7 of this Security
Ins ent and in any rider(s)ex by Borrower and recorded with it.
(dr Ate iP
DNL om, LEE. seo
Carrie A. Peters “Borrower Zebulon Peters “Borrower
233 Palm Drive #2 233 Palm Drive #2
Naples, FL 34112 Naples, FL 34112
KumdAKimderm— sen seat)
“Borrower “Borrower
(Seal) (Seal)
“Borrower “Borrower
Signed, sealed and delivered in the presence of:
State of Florida
County of Collier
The foregoing instrument was acknowledged before me this (jth day of June > 2007 by
Carie A. feters \ Cebulon Rters anol
has produced . Karen Rarndleer)
Drivers License.
who is personally known to me or who
as identification.
| Notary Public
ore, ‘Teresa Marie Jackson
=I © My Commission DD36208%
' 18° Expires December 10, 2°
(Zl10fog
FLORIDA FHA MORTGAGE
GREATLANO
ITEM 7970217 (0205)—MERS (Page 7 of 7 pages) To Order Call: 1-800-530-9993 C0 Fax: 616-791-1131.. OR: 4243 PG: 1419
Exhibit A
The Glades Country Club Apartments #3, Unit No. 2, Building 233, as recorded in OR Book 445, Page 45, Public
Records of Collier County, Florida.
Parcel Identification Number: 34991360003
File Number: 2007-088 DoubleTimeo~ — OR: 4243 PG: 1420
FHA CONDOMINIUM RIDER
FHACASE NO.
095-0410075-734
THIS CONDOMINIUM RIDER is mde this 6th day of June 2007 ,
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or
Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure
Borrower's Note ("Note") to Taylor, Bean & Whitaker Mortgage Corp.
("Lender") of the same date and covering the Property described in the Security Instrument and located at:
233 Palm Drive #2
Naples, FL 34112
(Property Address]
The Property includes a unit in, together with an undivided interest in the common elements of, a
condominium project knownas: Glades Country Club
[Name of Condominium Project]
("Condominium Project"). If the owners association or other entity which acts for the Condominium Project
("Owners Association") holds title to property for the benefit or use of its members or shareholders, the
Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of
Borrower's interest.
CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
‘A. So long as the Owners Association maintains, with a generally accepted insurance carrier, a
“master” or "blanket" policy insuring all property subject to the condominium documents,
including all improvements now existing or hereafter erected on the Property, and such policy is
satisfactory to Lender and provides insurance coverage in the amounts, for the periods, and against
the hazards Lender requires, including fire and other hazards included within the term “extended
coverage," and loss by flood, to the extent required by the Secretary, then: (i) Lender waives
the provision in Paragraph 2 of this Security Instrument for the monthly payment to Lender of
one-twelfth of the yearly premium installments for hazard insurance on the Property, and
(ii) Borrower's obligation under Paragraph 4 of this Security Instrument to maintain hazard
insurance coverage on the Property is deemed satisfied to the extent that the required coverage is
provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse
in required hazard insurance coverage and of any loss occurring from a hazard. In the event of a
distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the
Property, whether to the condominium unit or to the common elements, any proceeds payable to
Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by
this Security Instrument, with any excess paid to the entity legally entitled thereto.
B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments
creating and governing the Condominium Project.
GREATLAND
ITEM Te544L1 (9612) (Page | of 2 pages) ‘To Order Call: 1-800-530-9393 LiFax 616-791-1131
NON
*0231171815118"~ se He OR: 4243 PG: 1421 ***
C._ If Borrower does not pay condominium dues and assessments when due, then Lender may pay
them. Any amounts disbursed by Lender under this paragraph C shall become additional debt of
Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of
payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall
be payable, with interest, upon notice from Lender to Borrower requesting payment.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in pages 1
9) LGA 0
Carrie A. Peters Zebulon Peters
(Seal) (Seal)
“Borrower “Borrower
(Seal) (Seal)
“Borrower “Borrower
[Sign Original Only]
[ADD ANY NECESSARY ACKNOWLEDGEMENT PROVISIONS. ]
GREATLAND
ITEM Te54al2 (9612) (Page 2 of 2 pages) To Order Call 1-800-530-0393 Difax 616-791-1131
Preview
IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR COLLIER COUNTY BAC Home Loans Servicing, LP Plaintiff, Case #: 2009-CA-006493 = 3 2 “WS i o= 5 Karen L. Ramdeen and Carrie A. Ramdeen Fle, ae Oi Gray | alk/a Carrie A. Peters; et al. woay | 2 FB Defendant(s). Une a = NOTICE OF FILING —_ = S a oS 4G :2l valyors 2 PLAINTIFF, BAC Home Loans Servicing, LP, hereby gives Notice of Filing of: 1. Original Note 2. Original Mortgage CERTIFICATE OF SERVICE I HEREBY CERTIFY copy of the above and foregoing Notice of Filing was mailed on this day of , 2011, by Ist Class U.S. Mail to the following: Karen L. Ramdeen, 264 Palm Drive, Apartment 6, Naples, FL 34112 Carrie A. Ramdeen a/k/a Carrie A. Peters, 233 Palm Drive, Condo Unit #2, Building #233, Naples, FL 34112 Zebulon Peters, 233 Palm Drive, Condo Unit #2, Building #233 34112 Glades Golf and Country Club, Inc., c/o Steven M. Falk, Esq, 850 Park Shore Drive, Naples, FL 34103 SHAPIRO, FISHMAN & GACHE, LLP Attorneys for Plaintiff 4630 Woodland Corporate Blvd. Suite 100 Tampa, FL $3614 Telephone: (81/4) 880-8888 Fax: (813) 8B0%B8 By: Christopher Giacinto, Esq. FL Bar # 55866 aaa LT"THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." 09-146177NOTE FHA CASE NO. 095-0410075-734 June 06, 2007 [Date] / 233 Palm Drive #2 3 | ( Naples, FL 34112 Canceled By 5 pens Adis Final Summary Judgment 1. PARTIES “Borrower” means each person signing at the end of this Note, and the person’s QEFQKECIOSHEG.. “Lender” means Taylor, Bean & Whitaker Mortgage Corp. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Ninety Two Thousand Eight Hundred Fifty and no/100 Dollars (US. $192,850.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six and One Quarter percent ( 6.2500%) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender ‘on the first day of each month beginning on August 01, 2007 . Any principal and interest remaining on the first day of July 2037 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL 34475 or at such other place as Lender may designate in writing by notice to Borrower. (© Amount Each monthly payment of principal and interest will be in the amount of US. $1,187.41 . This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. 00 aac(D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box.) [_ | crowing Equity Allonge [| ceaduated Payment Allonge [Jove speci] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment ‘on other days provided that Borrower pays interest ‘on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4%) of the overdue amount of each payment. @®) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Sccretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender’s rights to require immediate payment in full in the case of payment defaults, This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (©) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable law. ‘Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8 GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. ‘Any notice that must be given to Lender under this Note willl be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. 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. Lender may enforce its rights ‘under this Note against cach person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. GREATNO TEM TO771L2 (8810) (Page 2 of 3 pages) To Order Call: 1-800-530-9993 CIFax 616-791-113110. DOCUMENTARY TAX ‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 3 of this Carrie A. Peters Zebulon Peters “Borrower (Seal) (Seal) “Borrower “Borrower (Seal) (Seal) “Borower “Borrower: [Sign Original Only] Without recourse, pay to the order of By: Taylor, Bean & ‘Whitaker Mortgage Corp. Eria Carter-Shae EVP GREATNO ITEMTET71L3 0610) (Page 3 of 3 pages) To Order Cal: 1-800-590-8993 LiFax 616-791-1131r LE ~ 403Y7 OR: 4243 PG: 1412 RECORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL PREPARED BY: 06/13/2007 at 11:33AM DWIGHT B. BROCK, CLBRK OBLD 192850.00 Name: OBLI 192850.00 RBC FRE 86.50 Address: Taylor, Bean & Whitaker Mortgage Corp. DOC-.35 675.15 1417 North Magnolia Ave INT-.002 385.70 Ocala, FL 34475 Retn: FORSYTH BRUGGBR BT AL Retum to: FORSYTH & BRUGGER 600 FIPTH AVE $ #207 600 5TH AVENUE S, STE 207, STE, STE 207 cron a none seen reen NAPLES 0: VA 618 22519511 D2 001 @01 {Space Above This Line For Kecoraing vara MORTGAGE FHA CASE NO. 095-0410075-734 MIN: 100029500018151187 THIS MORTGAGE (“Security Instrument”) is given on June 06, 2007 The mortgagor is Carrie A. Peters, f/k/a Carrie A. Ramdeen, a married woman, Joined by her husband, Zebulon Peters (“Borrower”). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. (““MERS”) (solely as nominee for Lender, as hereinafter defined, and Lender’s successors and assigns), as beneficiary. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Taylor, Bean & Whitaker Mortgage Corp. (“Lender”) is organized and existing under the laws of FL ,and has an address of 1417 North Magnolia Ave, Ocala, FL 34475 Borrower owes Lender the principal sum of One Hundred Ninety Two Thousand Eight Hundred Fifty and no/100 Dollars (U.S. $ 192,850.00 ). 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 July 01, 2037 . 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 MERS (solely as nominee for Lender and Lender’s successors and assigns) and to the successors and assigns of MERS the following described property located in Collier County, Florida: See Attached Exhibit A. FLORIDA FHA MORTGAGE 6196 GREATLAND m ITEM T9702L1 (0206}—MERS. (Page 1 of 7 pages) To Order Cal 1-800-530-0963 (3 Fax: 616-791-1131 WA A *0242861815118". ~ “> OR: 4243 PG: 1413 which has the address of 233 Palm Drive #2 [Street] Naples Florida 34112 "Pi idress”); {City} [Zip Code} (Property Ad » TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a 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 understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. 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, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development (“Secretary”), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called “Escrow Items” and the sums paid to Lender are called “Escrow Funds.” Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. §2601 gt seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time (“RESPA”), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower’s payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower’s account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: EIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; THIRD, to interest due under the Note; FLORIDA FHA MORTGAGE GREATLAND ITEM 7970212 (0205) —MERS (Page 2 of 7 pages) To Order Cal 1-800-520-9999 © Fax: 616-791-1131: ~ > OR: 4243 PG: 1414 EQURTH, to amortization of the principal of the Note; and ELELH, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations conceming Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leaschold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender’s Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender’s request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender’s rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. FLORIDA FHA MORTGAGE GREATLAND @ ITEM 7970213 (0205)—MERS- (Page 3 of 7 pages) To Order Cal; 1-800-530-0399 Fax: 616-791-1131: ~ “> OR: 4243 PG: 1415 Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. 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 (c) 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. 8. Fees, Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(4)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: () All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender’s rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within eight months from the date hereof, Lender may, at its option require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to eight months from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender’s failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower’s failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys’ fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ji) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower’s successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or FLORIDA FHA MORTGAGE GREATLAND ITEM 79702L4 (0205)—MERS (Page 4 of 7 pages) To Order Cal; 1-800-530-9393 0 Fax: 616-791-1131~ Oe “~ OR: 4243 PG: 1416 otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower’s interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower’s consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender’s address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower’s Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, “Hazardous Substances” are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, “Environmental Law” means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender’s agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender’s notice to Borrower of Borrower’s breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender’s agent on Lender’s written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any FLORIDA FHA MORTGAGE GREATLAND @ ITEM 7970215 (0205)—MERS (Page 5 of 7 pages) To Order Call: 1-800-530-8983 C0 Fax:616-791-11316 OR: 4243 PG: 1417 application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If the Lender’s interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 (“Act”) (12 U.S.C. 3751 gt seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19, Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable law. 20. Attorneys’ Fees. As used in this Security Instrument and the Note, attorneys’ fees shall include those awarded by an appellate court and any attorneys’ fees incurred in a bankruptcy proceeding. 21. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action, proceeding, claim, or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Security Instrument or the Note. 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreement of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es) [Xx] Condominium Rider [C1 Graduated Payment Rider ( Growing Equity Rider (Planned Unit Development Rider [_] Adjustable Rate Rider (Z) Rehabilitation Loan Rider (1) Non-Owner Occupancy Rider (J) other [Specify] FLORIDA FHA MORTGAGE GREATLAND ® ITEM 7970216 (0205)—-MERS (Page 6 of 7 pages) To Order Cal: 1-800-530-8993 (2 Fax: 616-791-1131- oe > OR: 4243 PG: 1418 BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages 1 through 7 of this Security Ins ent and in any rider(s)ex by Borrower and recorded with it. (dr Ate iP DNL om, LEE. seo Carrie A. Peters “Borrower Zebulon Peters “Borrower 233 Palm Drive #2 233 Palm Drive #2 Naples, FL 34112 Naples, FL 34112 KumdAKimderm— sen seat) “Borrower “Borrower (Seal) (Seal) “Borrower “Borrower Signed, sealed and delivered in the presence of: State of Florida County of Collier The foregoing instrument was acknowledged before me this (jth day of June > 2007 by Carie A. feters \ Cebulon Rters anol has produced . Karen Rarndleer) Drivers License. who is personally known to me or who as identification. | Notary Public ore, ‘Teresa Marie Jackson =I © My Commission DD36208% ' 18° Expires December 10, 2° (Zl10fog FLORIDA FHA MORTGAGE GREATLANO ITEM 7970217 (0205)—MERS (Page 7 of 7 pages) To Order Call: 1-800-530-9993 C0 Fax: 616-791-1131.. OR: 4243 PG: 1419 Exhibit A The Glades Country Club Apartments #3, Unit No. 2, Building 233, as recorded in OR Book 445, Page 45, Public Records of Collier County, Florida. Parcel Identification Number: 34991360003 File Number: 2007-088 DoubleTimeo~ — OR: 4243 PG: 1420 FHA CONDOMINIUM RIDER FHACASE NO. 095-0410075-734 THIS CONDOMINIUM RIDER is mde this 6th day of June 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to Taylor, Bean & Whitaker Mortgage Corp. ("Lender") of the same date and covering the Property described in the Security Instrument and located at: 233 Palm Drive #2 Naples, FL 34112 (Property Address] The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project knownas: Glades Country Club [Name of Condominium Project] ("Condominium Project"). If the owners association or other entity which acts for the Condominium Project ("Owners Association") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: ‘A. So long as the Owners Association maintains, with a generally accepted insurance carrier, a “master” or "blanket" policy insuring all property subject to the condominium documents, including all improvements now existing or hereafter erected on the Property, and such policy is satisfactory to Lender and provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and other hazards included within the term “extended coverage," and loss by flood, to the extent required by the Secretary, then: (i) Lender waives the provision in Paragraph 2 of this Security Instrument for the monthly payment to Lender of one-twelfth of the yearly premium installments for hazard insurance on the Property, and (ii) Borrower's obligation under Paragraph 4 of this Security Instrument to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage and of any loss occurring from a hazard. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the condominium unit or to the common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by this Security Instrument, with any excess paid to the entity legally entitled thereto. B. Borrower promises to pay all dues and assessments imposed pursuant to the legal instruments creating and governing the Condominium Project. GREATLAND ITEM Te544L1 (9612) (Page | of 2 pages) ‘To Order Call: 1-800-530-9393 LiFax 616-791-1131 NON *0231171815118"~ se He OR: 4243 PG: 1421 *** C._ If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph C shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in pages 1 9) LGA 0 Carrie A. Peters Zebulon Peters (Seal) (Seal) “Borrower “Borrower (Seal) (Seal) “Borrower “Borrower [Sign Original Only] [ADD ANY NECESSARY ACKNOWLEDGEMENT PROVISIONS. ] GREATLAND ITEM Te54al2 (9612) (Page 2 of 2 pages) To Order Call 1-800-530-0393 Difax 616-791-1131