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Filing # 190051872 E-Filed 01/18/2024 04:15:09 PM
IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING
CASE NO.:
Plaintiff(s),
VS.
DIHEDERICK M CASTELLON; IMMEL CASTELLON;
MARIA CASTELLON; THE UNKNOWN SPOUSE OF
DIHEDERICK M CASTELLON; THE UNKNOWN SPOUSE
OF IMMEL CASTELLON; THE UNKNOWN TENANT IN
POSSESSION
Defendant(s).
VERIFIED COMPLAINT TO FORECLOSE MORTGAGE
COMES NOW the Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING, by and through the undersigned legal counsel, and sues Defendants, DIHEDERICK
M CASTELLON, IMMEL CASTELLON, MARIA CASTELLON, THE UNKNOWN SPOUSE
OF DIHEDERICK M CASTELLON, THE UNKNOWN SPOUSE OF IMMEL CASTELLON,
THE UNKNOWN TENANT IN POSSESSION, and as grounds therefore, states:
1 This is an action to foreclose a mortgage on real property located in Miami-Dade
County, Florida. Plaintiff is the holder of the Note and Mortgage. The Plaintiff is registered in the
State of Florida or is otherwise authorized to do business in the State of Florida.
2. On or about June 24, 2021, DIHEDERICK M CASTELLON and IMMEL
CASTELLON executed and delivered a note in the original principal amount of $503,500.00 in
favor of Caliber Home Loans, Inc. On or about June 24, 2021, DIHEDERICK M CASTELLON,
IMMEL CASTELLON, and MARIA CASTELLON executed and delivered a Mortgage securing
payment of the Note in favor of Mortgage Electronic Registration Systems, Inc., as mortgagee, as
Page:1
TDP File No. 23-008122
nominee for Caliber Home Loans, Inc., which was secured by real property described in the
mortgage, together with all existing and future improvements, fixtures and structures, which was
subsequently modified by that certain Loan Modification Agreement dated November 18, 2022.
The property is described as follows:
LOT 17, BLOCK 39, KENDALE LAKES SECTION EIGHT, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 93, AT PAGE 14, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA
3 The mortgage was recorded July 6, 2021, in Official Records Book 32601, Page
1558; and the Loan Modification was recorded on January 23, 2023, in Official Records Book
33550, Page 176, all of the Public Records of Miami-Dade County, Florida. A copy of the note,
mortgage, modification, herein after referred to as "the loan documents"; and assignment(s) of
mortgage are attached hereto and made a part hereofas Composite Exhibit “A.”
4 Plaintiff has performed its obligations as required by the note and mortgage
described above and there has been a default under the terms of the loan documents due to a failure
to make the payment due on October 1, 2022, and all subsequent payments. Plaintiff provided the
appropriate Notice of Default and Right to Cure as required by the mortgage, if any, prior to
initiating this action. A copy of the Notice of Default and Right to Cure is attached hereto as Exhibit
“B”
5 Plaintiff declares the full amount payable under the loan documents to be due.
6. Plaintiff
has performed all conditions precedent to bring this action as required by
law and the terms of the note and mortgage.
7. There is owed the principal sum of $491,707.18, plus interest from September 1,
2022, plus any and all late fees, unpaid property taxes, force-placed insurance, unpaid legal fees
and costs, and other related loan items.
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TDP File No. 23-008122
8 DIHEDERICK M CASTELLON and IMMEL CASTELLON appear to own the
subject property, but any interest so claimed is inferior to that of the Plaintiff’s.
9. THE UNKNOWN SPOUSE OF DIHEDERICK M CASTELLON may claim an
interest in the subject property by virtue of marriage to DIHEDERICK M CASTELLON and
occupancy of the subject property, but any interest so claimed is inferior to that of Plaintiff.
10. THE UNKNOWN SPOUSE OF IMMEL CASTELLON may claim an interest in
the subject property by virtue of marriage to IMMEL CASTELLON and occupancy of the subject
property, but any interest so claimed is inferior to that of Plaintiff.
ll. THE UNKNOWN TENANT IN POSSESSION may claim an interest in the subject
property by virtue of occupancy or possession of the subject property, but any interest so claimed
is inferior to that of Plaintiff.
12. Plaintiff
has been required to expend sums for a title search to ascertain the proper
parties to this action and additional costs have been or may be incurred and will be due and owing
at the time of the final judgment.
13. Plaintiff
has retained the services of Padgett Law Group, to represent it in this matter
and is obligated to pay it a reasonable fee for its services.
WHEREFORE, Plaintiff respectfully requests:
1 That this Court enter a judgment foreclosing the Defendants’ interest in the property
made the subject of the mortgage;
2. That this Court award Plaintiff its costs and attorneys’ fees in connection with this
action as provided by the mortgage;
Page:3
TDP File No. 23-008122
3 That this Court award to Plaintiff such additional reliefas it may deem proper.
FLA.R.CIV.P. 1.115(e)
VERIFICATION OF COMPLAINT
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
Date: 1/6/2024
By: wal
Name: Mariah Royce
Title: Document Verification Specialist
NEWREZ LLC D/B/A SHELLPOINT
MORTGAGE SERVICING, Plaintiff
18th Jan. 2024
Respectfully submitted this the day of =
Nethy Cnn
PADGETT LAW GROUP
U MOLLY CAREY, ESQ.
Florida Bar # 100184
[ ] GINA VARGAS, ESQ.
Florida Bar # 84149
[ ] HEATHER L. GRIFFITHS ESQ.
Florida Bar # 91444
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 32312
(850) 422-2520 (telephone)
(850) 422-2567 (facsimile)
attorney@padgettlawgroup.com
Attorney for Plaintiff
Pursuant to the Fla. R. Jud. Admin. 2.516, the above signed counsel for Plaintiff designates
attorney@padgettlaw.net as its primary e-mail address for service, in the above styled matter, of
all pleadings and documents required to be served on the parties.
Page:4
TDP File No. 23-008122
u -%
COMPOSITE EXHIBIT "A"
NOTE
JUNE 24, 2021 MIAML > FLORIDA
[Date] [City] [State]
14420 SW 74TH ST, MIAMI, FLORIDA 33183-2958
[Property Address}
1 BORROWER’S PROMISE TO PAY
In return for a loan that | have received, I promise to pay U.S. $503,500.00 (this amount is called “Principal”), plus interest, to the order of
the Lender. The Lender is CALIBER HOME LOANS, INC.. I will make all payments under this Note in the form ofcash, check or money
order.
T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive
payments under this Note is called the “Note Holder.”
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 3.250%.
‘The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B) of this Note.
PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1ST day ofeach month beginning on AUGUST 1, 2021. 1 will make these payments every month
until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment
will be-applied as ofits scheduled due date and will be applied to interest before Principal. If, on JULY 1, 2051, I still owe amounts under this
Note, I will pay those amounts in full on that date, which is called the “Maturity Date.”
1 will make my monthly payments at P.O. BOX 650856, DALLAS, TX 75265-0856 or at a different place if required by the Note
Holder,
(B) Amount of Monthly Payments
My monthly payment will be inthe amount of U.S. $2,191.26.
4, BORROWER’S RIGHT TO PREPAY
Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.”
When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if have
not made all the monthly payments due under the Note.
Tmay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to
reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid
interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. IfI make a partial Prepayment,
there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges
collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will
be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct
payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
Ifthe Note Holder has not received the full amount ofany monthly payment by the end of 15 calendar days after the date it is duc, I will pay
a late charge to the Note Holder. The amount of the charge will be 5.00% of my overdue payment of principal and interest. I will pay this late
charge promptly but only once on each late payment.
FLORIDA FIXED RATE NOTE—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01 (page / of 3 pages)
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(B) Default
~IfI do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If] am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the
Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that
amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder
will still have the right to do so if] am in default at a later time.
(E) Payment of Note Holder’s Costs and Expenses
Ifthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me
for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example,
reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by
mailing it by first class mail to me at the Property Address above or at a different address if | give the Note Holder a notice of my different
address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the
Note-Holder at the address stated in Section 3(A) above or at a different address if] am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these
things. Any person who takes over these obligations, including the obligations ofa guarantor, surety or endorser of this Note, is also obligated to
keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against
all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
land any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means
the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to
give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Halder
under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same date as this Note, protects the Note
Holder from possible losses which might result if do not keep the promises which I make in this Note. That Security Instrument describes how
and under what conditions I maybe required to make immediate payment in full ofall amounts I owe under this Note. Some of those conditions
are described as follows:
Ifall or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person anda
beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may require immediate payment in
full ofall sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited
by Applicable Law.
IfLender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period ofnot less
than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by this Security Instrument without further notice or demand on Borrower.
Il. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
FLORIDA FIXED RATE NOTE—Single Family—F annie Mae/Freddic Mac UNIFORM INSTRUMENT = Form3210 1/01 (page
2 of 3 pages)
Borrower -
(ht
DIHEDERICK M e
(Seal)
Keele (Seal)
2
Borrowor= IMMEL CASTELLON >
Pay To The Order Of
Without Recourse
akeview Loat we No [Sign Original Only]
Ad
Loan Originator Organization: CALIBER HOME LOANS, INC By; Oe
NMLS ID Donna Harknes: Vice President
Loan Originator: N/A
NMLS ID: N/A
Loan Origi
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ization. SMART HOME LOANS, LLC
NMLS ID:
Loan Origi
NMLS ID:
~AKE VIE\
WLo, A N SERV
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Pay to the
Orderof
Calibe io
Loans, ing,
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9 Analyst 1
FLORIDA FIXED RATE NOTE—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210
1/01 (page
3 of 3 pages)
ah
aye
Allonge to Promissory Note
Loan Number: a
This Allonge is to be made.a part of the Note:
Dated: JUNE 24, 2021
Borrower (s): DIHEDERICK M CASTELLON IMMEL CASTELLON
Property Address: 14420 SW 74™ ST MIAMI, FL 33183
Loan Amount: $ 503,500.00
Without Recourse Pay to The Order Of:
NewRez, LLC.
By: ht Pa
Name: Arleen J Lemmon
Title: Director of Loan Fulfillment
Company: Caliber Home Loans, By NewRez, LLC. F/K/A New Penn Financial, Inc., Its
Attorney in Fact
Allonge to Promissory Note
a
Loan Number:
a
This Allonge is to be made a part of the Note:
Dated: 06/24/2021
Borrower (s): Dihederick M Castellon, Immel Castellon
Property Address: 14420 SW 74* St
Miami, FL 33138
Loan Amount: $ 503,500.00
Without Recourse Pay to The Order Of:
By: \N ody WM bra
Name: Wendy M Bruss
Title: Manager - Loan Fulfillment
Company: NewRez LLC
CFN: 20210480984 BOOK 32601 PAGE 1558
DATE:07/06/2021 02:45:15 PM
MTG DOC 1,762.25
INTANGIBLE 1,007.00
HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY
Prepared by:
ERIC FAVORS
CALIBER HOME LOANS, INC.
1525 S. BELT LINE ROAD
COPPELL, TX 75019
After Recording Return To:
FIRST AMERICAN MORTGAGE
SOLUTIONS ON BEHALF OF
CALIBER HOME LOANS
1795 INTERNATIONAL WAY
IDAHO FALLS, ID 83402
[Space Above This Line For Recording Data]
MORTGAGE
[|
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated JUNE 24, 2021, together with all Riders to
this document.
(B) "Borrower" is DIHEDERICK M CASTELLON, A SINGLE PERSON; IMMEL CASTELLON
AND MARIA CASTELLON, HUSBAND AND WIFE;. Borrower is the mortgagor under this Security
Instrument.
© "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this
Security Instrument. 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.
(D) "Lender" is CALIBER HOME LOANS, INC.. Lender is a CORPORATION organized and existing
under the laws of DELAWARE. Lender's address is 1525 S. BELT LINE ROAD, COPPELL, TX 75019.
(E) "Note" means the promissory note signed by Borrower and dated JUNE 24, 2021. The Note states that
Borrower owes Lender FIVE HUNDRED THREE THOUSAND FIVE HUNDRED AND 00/100THS
Dollars (U.S. $503,500.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments
and to pay the debt in full not later than JULY 01, 2051.
(F) “Property” means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page | of 14 pages)
CFN: 20210480984 BOOK 32601 PAGE 1559
O Adjustable Rate Rider O Condominium Rider O Second Home Rider
O Balloon Rider O Planned Unit Development Rider O Biweekly Payment Rider
O 1-4 Family Rider OV.A. Rider C Manufactured Home Rider
O Leasehold Rider O Revocable Trust Rider
@ "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-
appealable judicial opinions.
® “Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association or
similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,
transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) “Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition
of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) “"RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its
implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time,
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
“federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under
RESPA.
Q "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) 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 the ___County [Type of Recording Jurisdiction] of __ MIAMI-
DADE [Name of Recording Jurisdiction]:
FLORIDA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page 2 of 14 pages)
CFN: 20210480984 BOOK 32601 PAGE 1560
LEGAL DESCRIPTION ATTACHED HERETO AND MADE PART HEREOF
which currently has the address of 14420 SW 74TH ST
[Street]
MIAMI » Florida 33183-2958 ("Property Address"):
[City] [Zip Code]
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 and 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, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges
and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3.
Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any
check or other instrument received by Lender as payment under the Note or this Security Instrument is returned
to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security
Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an
institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan
current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without
waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,
but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender
may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not
do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not
applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior
to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve
Borrower from making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
FLORIDA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page
3 of 14 pages)
CFN: 20210480984 BOOK 32601 PAGE 1561
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each
Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late
charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late
charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full.
To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to
any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodi ayments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes
and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance
on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all
insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums
payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the
provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term
of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed
by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow
Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver
may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the
amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may
require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed
to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is
used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower
fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may
revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,
upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under
this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under
RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law
permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the
Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
FLORIDA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page 4 of 14 pages)
CFN: 20210480984 BOOK 32601 PAGE 1562
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under
RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If
there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required
by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance
with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these
items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; 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 can attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on
which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in
this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to
pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and
tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent
charges each time remappings or similar changes occur which reasonably might affect such determination or
certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency
Management Agency in connection with the review of any flood zone determination resulting from an objection
by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular
type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability
and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost
of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
FLORIDA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page 5 of 14 pages)
CFN: 20210480984 BOOK 32601 PAGE 1563
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,
any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to
restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance
proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.
Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance
proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for
public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and
shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's
security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be
applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise,
Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed
the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than
the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the
Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance
proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security
Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees
in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which
are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the
Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection
with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the
Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs
and restoration in a single payment or in a series of progress payments as the work is completed. If the
insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borro
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Filing # 190051872 E-Filed 01/18/2024 04:15:09 PM IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING CASE NO.: Plaintiff(s), VS. DIHEDERICK M CASTELLON; IMMEL CASTELLON; MARIA CASTELLON; THE UNKNOWN SPOUSE OF DIHEDERICK M CASTELLON; THE UNKNOWN SPOUSE OF IMMEL CASTELLON; THE UNKNOWN TENANT IN POSSESSION Defendant(s). VERIFIED COMPLAINT TO FORECLOSE MORTGAGE COMES NOW the Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, by and through the undersigned legal counsel, and sues Defendants, DIHEDERICK M CASTELLON, IMMEL CASTELLON, MARIA CASTELLON, THE UNKNOWN SPOUSE OF DIHEDERICK M CASTELLON, THE UNKNOWN SPOUSE OF IMMEL CASTELLON, THE UNKNOWN TENANT IN POSSESSION, and as grounds therefore, states: 1 This is an action to foreclose a mortgage on real property located in Miami-Dade County, Florida. Plaintiff is the holder of the Note and Mortgage. The Plaintiff is registered in the State of Florida or is otherwise authorized to do business in the State of Florida. 2. On or about June 24, 2021, DIHEDERICK M CASTELLON and IMMEL CASTELLON executed and delivered a note in the original principal amount of $503,500.00 in favor of Caliber Home Loans, Inc. On or about June 24, 2021, DIHEDERICK M CASTELLON, IMMEL CASTELLON, and MARIA CASTELLON executed and delivered a Mortgage securing payment of the Note in favor of Mortgage Electronic Registration Systems, Inc., as mortgagee, as Page:1 TDP File No. 23-008122 nominee for Caliber Home Loans, Inc., which was secured by real property described in the mortgage, together with all existing and future improvements, fixtures and structures, which was subsequently modified by that certain Loan Modification Agreement dated November 18, 2022. The property is described as follows: LOT 17, BLOCK 39, KENDALE LAKES SECTION EIGHT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 93, AT PAGE 14, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA 3 The mortgage was recorded July 6, 2021, in Official Records Book 32601, Page 1558; and the Loan Modification was recorded on January 23, 2023, in Official Records Book 33550, Page 176, all of the Public Records of Miami-Dade County, Florida. A copy of the note, mortgage, modification, herein after referred to as "the loan documents"; and assignment(s) of mortgage are attached hereto and made a part hereofas Composite Exhibit “A.” 4 Plaintiff has performed its obligations as required by the note and mortgage described above and there has been a default under the terms of the loan documents due to a failure to make the payment due on October 1, 2022, and all subsequent payments. Plaintiff provided the appropriate Notice of Default and Right to Cure as required by the mortgage, if any, prior to initiating this action. A copy of the Notice of Default and Right to Cure is attached hereto as Exhibit “B” 5 Plaintiff declares the full amount payable under the loan documents to be due. 6. Plaintiff has performed all conditions precedent to bring this action as required by law and the terms of the note and mortgage. 7. There is owed the principal sum of $491,707.18, plus interest from September 1, 2022, plus any and all late fees, unpaid property taxes, force-placed insurance, unpaid legal fees and costs, and other related loan items. Page:2 TDP File No. 23-008122 8 DIHEDERICK M CASTELLON and IMMEL CASTELLON appear to own the subject property, but any interest so claimed is inferior to that of the Plaintiff’s. 9. THE UNKNOWN SPOUSE OF DIHEDERICK M CASTELLON may claim an interest in the subject property by virtue of marriage to DIHEDERICK M CASTELLON and occupancy of the subject property, but any interest so claimed is inferior to that of Plaintiff. 10. THE UNKNOWN SPOUSE OF IMMEL CASTELLON may claim an interest in the subject property by virtue of marriage to IMMEL CASTELLON and occupancy of the subject property, but any interest so claimed is inferior to that of Plaintiff. ll. THE UNKNOWN TENANT IN POSSESSION may claim an interest in the subject property by virtue of occupancy or possession of the subject property, but any interest so claimed is inferior to that of Plaintiff. 12. Plaintiff has been required to expend sums for a title search to ascertain the proper parties to this action and additional costs have been or may be incurred and will be due and owing at the time of the final judgment. 13. Plaintiff has retained the services of Padgett Law Group, to represent it in this matter and is obligated to pay it a reasonable fee for its services. WHEREFORE, Plaintiff respectfully requests: 1 That this Court enter a judgment foreclosing the Defendants’ interest in the property made the subject of the mortgage; 2. That this Court award Plaintiff its costs and attorneys’ fees in connection with this action as provided by the mortgage; Page:3 TDP File No. 23-008122 3 That this Court award to Plaintiff such additional reliefas it may deem proper. FLA.R.CIV.P. 1.115(e) VERIFICATION OF COMPLAINT Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Date: 1/6/2024 By: wal Name: Mariah Royce Title: Document Verification Specialist NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff 18th Jan. 2024 Respectfully submitted this the day of = Nethy Cnn PADGETT LAW GROUP U MOLLY CAREY, ESQ. Florida Bar # 100184 [ ] GINA VARGAS, ESQ. Florida Bar # 84149 [ ] HEATHER L. GRIFFITHS ESQ. Florida Bar # 91444 6267 Old Water Oak Road, Suite 203 Tallahassee, FL 32312 (850) 422-2520 (telephone) (850) 422-2567 (facsimile) attorney@padgettlawgroup.com Attorney for Plaintiff Pursuant to the Fla. R. Jud. Admin. 2.516, the above signed counsel for Plaintiff designates attorney@padgettlaw.net as its primary e-mail address for service, in the above styled matter, of all pleadings and documents required to be served on the parties. Page:4 TDP File No. 23-008122 u -% COMPOSITE EXHIBIT "A" NOTE JUNE 24, 2021 MIAML > FLORIDA [Date] [City] [State] 14420 SW 74TH ST, MIAMI, FLORIDA 33183-2958 [Property Address} 1 BORROWER’S PROMISE TO PAY In return for a loan that | have received, I promise to pay U.S. $503,500.00 (this amount is called “Principal”), plus interest, to the order of the Lender. The Lender is CALIBER HOME LOANS, INC.. I will make all payments under this Note in the form ofcash, check or money order. T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the “Note Holder.” 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 3.250%. ‘The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B) of this Note. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1ST day ofeach month beginning on AUGUST 1, 2021. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be-applied as ofits scheduled due date and will be applied to interest before Principal. If, on JULY 1, 2051, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date.” 1 will make my monthly payments at P.O. BOX 650856, DALLAS, TX 75265-0856 or at a different place if required by the Note Holder, (B) Amount of Monthly Payments My monthly payment will be inthe amount of U.S. $2,191.26. 4, BORROWER’S RIGHT TO PREPAY Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if have not made all the monthly payments due under the Note. Tmay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. IfI make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments Ifthe Note Holder has not received the full amount ofany monthly payment by the end of 15 calendar days after the date it is duc, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. FLORIDA FIXED RATE NOTE—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01 (page / of 3 pages) we + wee (B) Default ~IfI do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If] am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if] am in default at a later time. (E) Payment of Note Holder’s Costs and Expenses Ifthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note-Holder at the address stated in Section 3(A) above or at a different address if] am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations ofa guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS land any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Halder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses which might result if do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I maybe required to make immediate payment in full ofall amounts I owe under this Note. Some of those conditions are described as follows: Ifall or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person anda beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may require immediate payment in full ofall sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. IfLender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period ofnot less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Il. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. FLORIDA FIXED RATE NOTE—Single Family—F annie Mae/Freddic Mac UNIFORM INSTRUMENT = Form3210 1/01 (page 2 of 3 pages) Borrower - (ht DIHEDERICK M e (Seal) Keele (Seal) 2 Borrowor= IMMEL CASTELLON > Pay To The Order Of Without Recourse akeview Loat we No [Sign Original Only] Ad Loan Originator Organization: CALIBER HOME LOANS, INC By; Oe NMLS ID Donna Harknes: Vice President Loan Originator: N/A NMLS ID: N/A Loan Origi ae ization. SMART HOME LOANS, LLC NMLS ID: Loan Origi NMLS ID: ~AKE VIE\ WLo, A N SERV ICING Pay to the Orderof Calibe io Loans, ing, Mingto) oP. St Closin, 9 Analyst 1 FLORIDA FIXED RATE NOTE—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01 (page 3 of 3 pages) ah aye Allonge to Promissory Note Loan Number: a This Allonge is to be made.a part of the Note: Dated: JUNE 24, 2021 Borrower (s): DIHEDERICK M CASTELLON IMMEL CASTELLON Property Address: 14420 SW 74™ ST MIAMI, FL 33183 Loan Amount: $ 503,500.00 Without Recourse Pay to The Order Of: NewRez, LLC. By: ht Pa Name: Arleen J Lemmon Title: Director of Loan Fulfillment Company: Caliber Home Loans, By NewRez, LLC. F/K/A New Penn Financial, Inc., Its Attorney in Fact Allonge to Promissory Note a Loan Number: a This Allonge is to be made a part of the Note: Dated: 06/24/2021 Borrower (s): Dihederick M Castellon, Immel Castellon Property Address: 14420 SW 74* St Miami, FL 33138 Loan Amount: $ 503,500.00 Without Recourse Pay to The Order Of: By: \N ody WM bra Name: Wendy M Bruss Title: Manager - Loan Fulfillment Company: NewRez LLC CFN: 20210480984 BOOK 32601 PAGE 1558 DATE:07/06/2021 02:45:15 PM MTG DOC 1,762.25 INTANGIBLE 1,007.00 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY Prepared by: ERIC FAVORS CALIBER HOME LOANS, INC. 1525 S. BELT LINE ROAD COPPELL, TX 75019 After Recording Return To: FIRST AMERICAN MORTGAGE SOLUTIONS ON BEHALF OF CALIBER HOME LOANS 1795 INTERNATIONAL WAY IDAHO FALLS, ID 83402 [Space Above This Line For Recording Data] MORTGAGE [| DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JUNE 24, 2021, together with all Riders to this document. (B) "Borrower" is DIHEDERICK M CASTELLON, A SINGLE PERSON; IMMEL CASTELLON AND MARIA CASTELLON, HUSBAND AND WIFE;. Borrower is the mortgagor under this Security Instrument. © "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. 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. (D) "Lender" is CALIBER HOME LOANS, INC.. Lender is a CORPORATION organized and existing under the laws of DELAWARE. Lender's address is 1525 S. BELT LINE ROAD, COPPELL, TX 75019. (E) "Note" means the promissory note signed by Borrower and dated JUNE 24, 2021. The Note states that Borrower owes Lender FIVE HUNDRED THREE THOUSAND FIVE HUNDRED AND 00/100THS Dollars (U.S. $503,500.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 01, 2051. (F) “Property” means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page | of 14 pages) CFN: 20210480984 BOOK 32601 PAGE 1559 O Adjustable Rate Rider O Condominium Rider O Second Home Rider O Balloon Rider O Planned Unit Development Rider O Biweekly Payment Rider O 1-4 Family Rider OV.A. Rider C Manufactured Home Rider O Leasehold Rider O Revocable Trust Rider @ "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non- appealable judicial opinions. ® “Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) “Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) “"RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. Q "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) 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 the ___County [Type of Recording Jurisdiction] of __ MIAMI- DADE [Name of Recording Jurisdiction]: FLORIDA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page 2 of 14 pages) CFN: 20210480984 BOOK 32601 PAGE 1560 LEGAL DESCRIPTION ATTACHED HERETO AND MADE PART HEREOF which currently has the address of 14420 SW 74TH ST [Street] MIAMI » Florida 33183-2958 ("Property Address"): [City] [Zip Code] 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 and 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, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the FLORIDA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page 3 of 14 pages) CFN: 20210480984 BOOK 32601 PAGE 1561 Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodi ayments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. FLORIDA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page 4 of 14 pages) CFN: 20210480984 BOOK 32601 PAGE 1562 If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; 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 can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee FLORIDA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 (page 5 of 14 pages) CFN: 20210480984 BOOK 32601 PAGE 1563 and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borro