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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL
CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 49 2020 CA 001981 MF
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE FOR AMERICAN HOME MORTGAGE ASSETS
Oa
TRUST 2006-2, MORTGAGE-BACKED PASS-THROUGH
CERTIFICATES SERIES 2006-2,
OA
Plaintiff,
PAS
a
VS. nr SLO
“mA
YVETTE B. ALLEN A/K/A YVETTE ALLEN, et al. GD Bes
Oo9
Defendant(s).
a
/ 34
of
NOTICE OF FILING
Onthis \\_ day of _ {<4 2021, Plaintiff, by and through its undersigned
attorney hereby files:
e Original Note
© Original Mortgage
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
ARG BA L Liat
QB3h
a B — SS SO
BAR ®
ts
fe Hillary Mullin, Esquire
Florida Bar No. 105522
Communication Email: hmullin@raslg.com
UHAVU TAN HAAN QMO 000
20-030251
SERVICE LIST
YVETTE B. ALLEN A/K/A YVETTE ALLEN
106 ACADIA TER
CELEBRATION, FL 34747
GARY S. ALLEN A/K/A GARY ALLEN
11508 VINCIDR 11
WINDERMERE, FL 34786
UNKNOWN SPOUSE OF YVETTE B. ALLEN A/K/A YVETTE ALLEN
106 ACADIA TER
CELEBRATION, FL 34747
CELEBRATION RESIDENTIAL OWNERS ASSOCIATION, INC.
C/O LARSEN & ASSOCIATES, INC
300 SOUTH ORANGE AVE. STE 1200
ORLANDO, FL 32801
GREENSPOON MARDER, P.A.
EVAN B. KLINEK
ATTORNEY FOR GREENSPOON MARDER, P.A.
C/O GREENSPOON MARDER, P.A.
200 E. BROWARD BLVD SUITE 1800
FORT LAUDERDALE, FL 33301
PRIMARY EMAIL: EAVN.KLINEK@GMLAW.COM
SECONDARY EMAIL: RACHEL.EDELSBURG@GMLAW.COM
THERESA L. BLAIR
2126 MATTHEW AVENUE
ALBUQUERQUE, NM 87104
ROGER C. BLAIR
2126 MATTHEW AVENUE
ALBUQUERQUE, NM 87104
PAGE 2
20-030251
THOMAS TOSCANO
1209 DOWNEY PLACE
KISSIMMEE, FL 34747
ANTONIA TOSCANO
1209 DOWNEY PLACE
KISSIMMEE, FL 34747
PAGE 3
20-030251
an
ADJUSTABLE RAT
OT
FIRST FIVE YEAR FIXED PAYMENT - 12MTA
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYMENT. BECAUSE MY INTEREST RATE WILL CHANGE MORE FREQUENTLY THAN
MY MONTHLY PAYMENT, AND BECAUSE THERE ARE LIMITATIONS ON MY MONTHLY PAYMENT
INCREASES, THE AMOUNT OF MY MONTHLY PAYMENT MAY NOT FULLY PAY THE INTEREST
THAT ACCRUES. AS A RESULT, THE PRINCIPAL AMOUNT I MUST REPAY COULD BE LARGER
THAN THE AMOUNT I ORIGINALLY BORROWED, BUT NOT MORE THAN 110.000% OF THE
ORIGINAL AMOUNT (OR $_1,408, 000.00 MY INTEREST RATE CAN NEVER EXCEED THE
LIMIT STATED IN THIS NOTE OR ANY RIDER TO THIS NOTE. A BALLOON PAYMENT MAY BE DUE
AT MATURITY.
_gune 2, 2006 Celebration Florida
(City) (State)
5
1G Acadia Terrace, Celebration, FL 3474
(Property Address)
1, BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 1,280,000.00 plus any amounts
added in accordance with Section 4 (G) below, (this amount is called “Principal”), plus interest, to the order of the
Lender. The Lender is American Home Mortgage.
. I will make all payments under this Note in form of cash, check or money order. I
understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the “Note Holder”.
2. INTEREST
Interest will be charged on unpaid Principal until the full amount has been paid. I will pay interest at a yearly
rate of 15% until Dun: 30. 2006. and the initial monthly payment provided
for in Section 3) of — this Note will be based on this rate (the “Initial Rate”).
Commencing, , I will pay interest at a yearly rate of 7.028% (the “Subsequent
Rate”). Thereafter, the interest rate I will pay may change in accordance with Section 4 of this Note. The interest
rate required by this Section 2 and Section 4 of this Note is the interest rate I will pay both before and after any
default described in Section 7(B) of this Note.
Solely for the purpose of computing interest, a monthly payment received by the Note Holder within 30 days
prior or after the date it is due will be deemed to be paid on such due date.
3. PAYMENTS
(A) Time and Place of Payments
I will pay Principal and interest by making payments every month. In this Note, unless otherwise specified
“payment” refers to the Principal and interest payment only, although other charges such as taxes, insurance
and/or late charges may also be payable with the monthly payment.
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. ,
. I Will make my monthly payments on ist day of each month beginning
on_August, 2006 I will make these payments every month until I have paid all of the principal
and interest and any other charges described below that I may owe under this Note. Each monthly payment will
be applied to interest before Principal. If, on duly 1, 2036 I still owe amounts under this
Note, I will pay those amounts in full on that date, which is called the “Maturity Date”.
I will make my monthly payments at po po: £60029 Dalia r 75266-0029
or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my monthly payments until the first Payment Change Date will be in the amount of U.S.
$ 4,909.09 unless adjusted at an earlier time under Section 4(H) of this Note.
(C) Payment Changes
My monthly payment will be recomputed, according to Sections 4(E)(F)(G)(H) and (I) of this Note, to reflect
changes in the Principal balance and interest rate that I must pay. The Note Holder will determine my new
interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note.
4, INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may further change on the ist day of August
2006 and on that day every month thereafter. Each such date on which my interest rate could change
is called a “Change Date.”
(B) The Index
On each Change Date, my interest rate will be based on an Index. The “Index” is the Twelve-Month
Average, determined as set forth below, of the annual yields on actively traded United States Treasury Securities
adjusted to a constant maturity of one year as published by the Federal Reserve Board in the Federal Reserve
Statistical Release entitled “Selected Interest Rates (H. 15)” (the “Monthly Yields”). The Twelve-Month Average
is determined by adding together the Monthly Yields for the most recently available twelve months and dividing
by 12.
The most recent Index figure available as the 15 days before each interest rate Change Date is called the
“Current Index”. If the Index is no longer available, the Note holder will choose a new index which is based upon
comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
—Two and 885 Thonsandth percentage points 2.885 % (“Margin”) to the
Current Index. The Note Holder will then round the result of this addition to the nearest one-thousandth of one
percentage point (0.001). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new
interest rate until the next Change Date. In the event a new Index is selected, pursuant to paragraph 4(B), a new
Margin will be determined. The new Margin will be the difference between the average of the old Index for the
most recent three year period which ends on the last date the Index was available plus the Margin on the last date
the old Index was available and the average of the new Index for the most recent three year period which ends on
that date (or if not available for such three year period, for such time as it is available). This difference will be
rounded to the next higher 1/8 of 1%.
(D) Interest Rate Limit
My interest rate will never be greater than wine and 950 Thousandth:
percentage points % (“Cap”), except that following any sale or
transfer of the property which secures repayment of this Note after the first interest rate Change Date, the
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‘
maximum interest rate will be the higher of the Cap or 5 percentage points greater than the interest rate in effect at
the time of such sale or transfer.
(E) Payment Change Dates
Effective commencing August 1 011 (the “First Payment Change
Date”) and on the same date each twelfth month thereafter (“Payment Change Date”), the Note Holder will
determine the amount of the monthly payment that would be sufficient to repay the projected principal balance I
am expected to owe as of the Payment Change Date in full on the Maturity Date at the interest rate that will
become effective one month prior to the Payment Change Date in substantially equal payments. The result of this
calculation is the new amount of my monthly payment, subject to Section 4(F) below, and I will make payments
in the new amount until the next Payment Change Date. My payments can change at any time, before or after the
First Payment Change Date or any Payment Change Dates under Section 4(H) of this Note.
(F) Monthly Payment Limitations
Unless Section 4(H) and 4(1) below apply, the amounts of my new monthly payment, beginning with a
Payment Change Date following the First Payment Change Date under Section 4(E), will be limited to 74%
more or less than the amount I have been paying. This payment cap applies only to the principal and interest
payment and does not apply to any escrow payments Lender may require under the Security Instrument.
(G) Changes in My Unpaid Principal Due to Negative Amortization or Accelerated Amortization
Since my initial monthly payment will be based on the Initial Rate, which may be different than the
Subsequent Rate, my initial monthly payment could be less or greater than the amount of the interest portion (the
“Interest Portion”) of the monthly principal and interest payment that would be sufficient to repay the unpaid
Principal I owe in full on the Maturity Date in substantially equal payments. Additionally, since my payment
amount changes less frequently than the interest rate and since the monthly payment is subject to the payment
limitations described in Section 4(F), my monthly payment could be less or greater than the amount of the Interest
Portion. For each month that the monthly payment is less than the Interest Portion, the Note Holder will subtract
the monthly payment from the amount of the Interest Portion and will add the difference to my unpaid Principal,
and interest will accrue on the amount of this difference at the current interest rate. For each month that the
monthly payment is greater than the Interest Portion, the Note Holder will apply the excess towards a principal
reduction of the Note.
(8) Limit on My Unpaid Principal; Increased Monthly Payment
My unpaid Principal can never exceed a maximum amount equal to 110000 of the principal amount
originally borrowed. In the event my unpaid Principal would otherwise exceed that limitation, I
will begin paying a new monthly payment until the next Payment Change Date notwithstanding the 7 '4% annual
payment increase limitation. The new monthly payment will be an amount which would be sufficient to repay my
then unpaid Principal in full on the Maturity Date at the interest rate in effect one month prior to the payment due
date in substantially equal payments.
() Required Full Monthly Payment
On the Five anniversary of the due date of the first monthly payment, and on that same day every
Five year thereafter, the monthly payment will be adjusted without regard to the payment cap
limitation in Section 4(F).
(J) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in the amount of my monthly payment
before the effective date of any change. The notice will include information required by law to be given me and
also the title and telephone number of a person who will answer any question J may have regarding the notice
(K) Failure to Make Adjustments
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If for any reason Note Holder fails to make an adjustment to the interest rate or payment amount as described
in this Note, regardless of any notice requirement, I agree that Note Holder may, upon discovery of such failure,
then make the adjustment as if they had been made on time. I also agree not to hold Note Holder responsible for
any damages to me which may result from Note Holder’s failure to make the adjustment and to let the Note
Holder, at its option, apply any excess monies which I may have paid to partial Prepayment of unpaid Principal.
5. BORROWER’S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a “Prepayment”. When I make a Prepayment, I will tell the Note Holder in writing that I am doing
so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the
Note.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note
Holder will apply all of 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. If I make a partial prepayment, there will be
no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes.
My partial prepayment may have the effect of reducing the amount of my monthly payments, but only after the
first Payment Change Date following my partial Prepayment. However, any reduction due to my partial
Prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits.
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 I 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.
Miscellaneous Fees: I understand that the Note Holder will also charge a return item charge, in an amount
permitted and otherwise in accordance with Applicable Law in the event a payment that I make in connection
with repayment of this loan is not honored by the financial institution on which it is drawn. Lender reserves the
right to change the fee from time to time without notice except as may be required by law.
7. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder
has not received the full amount of any monthly payment by the end of
calendar days after the date it is due, I will pay a late charge to the Note Holder. The
amount of the charge will be 5.000 % of my overdue payment of Principal and interest. 1 will pay this late
charge promptly but only once for each late payment.
(B) Default
I£I 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 I am in default, the Note Holder may send me a written notice telling me that if I 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 10 days after the date
on which the notice is delivered or mailed to me (or, if the Federal National Mortgage Association or the Federal
i
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‘Home Loan Mortgage Corporation buys al or part of Lender’s rights under the Security Instrument, in which case
the notice will specify a date, not less than 30 days from the date the notice is given to Borrower).
(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
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to be paid back by me for all of its costs and expenses in enforcing this Note, whether or not a lawsuit is
brought, to the extent not prohibited by Applicable Law. Those expenses include, for example, reasonable
attorneys’ fees.
8. GIVING OF NOTICES
Unless Applicable Law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice
of that different address.
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. 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.
10. WAIVERS
J and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice
of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not
been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the “Security
Instrument”), dated the same date as this Note, protects the Note Holder from possible losses which might result if
I do not keep the promises which I make in this Note. That Security Instrument describes how and under what
conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of
those conditions are described as follows:
Transfer of the Property or a Beneficial Interest in Borrower.
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If all or any part of the Property or any interest in the Property is sold or transferred (or if a
beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender’s prior written consent, Lender may require immediate payment in full of all sums secured by this
Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited
by Applicable Law. Lender also shall not exercise this option if: (a) the request to assume is made after
one year following recordation of the Deed of Trust, (b) Borrower causes to be submitted to Lender
information required by Lender to evaluate the intended transferee as if a new loan were being made to the
transferee; and (c) Lender reasonably determines that Lender’s security will not be impaired by the loan
assumption and that the risk of a breach of any covenant or agreement in this Security Instrument or other
obligations related to the Note or other loan document is acceptable to Lender, (d) Assuming party
executes Assumption Agreement acceptable to Lender at its sole choice and discretion, which Agreement
may include an increase to Cap as set forth below and (e) payment of Assumption Fee if requested by
Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender’s consent to the loan assumption and Lender may increase the maximum rate limit to the higher of
the Cap or 5 percentage points greater than the interest rate in effect at the time of the transfer. Lender may
also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates
the transferee to keep all the promises and agreements made in the Note and in this Security Instrument.
Borrower will continue to be obligated under the Note and this Security Instrument unless Lender has
entered into a written Assumption Agreement with transferee and formally releases Borrower.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is 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.
12. MISCELLANEOUS PROVISIONS
In the event the Note Holder at any time discovers that this Note or the Security Instrument or any other
document related to this loan, called collectively the “Loan Documents,” contains an error which was caused by a
clerical or ministerial mistake, calculation error, computer error, printing error or similar error (collectively
“Errors”), I agree, upon notice from the Note Holder, to reexecute any Loan Documents that are necessary to
correct any such Errors and I also agree that I will not hold the Note Holder responsible for any damage to me
which may result from any such Errors.
If any of the Loan Documents are lost, stolen, mutilated or destroyed and the Note Holder delivers to me an
indemnification in my favor, signed by the Note Holder, then I will sign and deliver to the Note Holder a Loan
Document identical in form and content which will have the effect of the original for all purposes.
13. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
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(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) (Seal)
Borrower Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
~Borrower -Borrower
PATO
THE ORDER OF
0 AEA
ASST SECRET
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Prepayment Fee Note Addendum
This Note Addendum is made this 2nd day of _gune, 2006 and
is incorporated into and shall be deemed to amend and supplement the Note made by the
undersigned (the "Borrower") in favor of American Home Mortgage
(the "Lender") and dated as of even date herewith ( the “Note”).
This Note Addendum amends the provision in the Note regarding the Borrower's right
to prepay as follows:
BORROWER'S RIGHT TO PREPAY
T have the right to make payments of principal before they are due. Any payment of
principal, before it is due, is known as a "prepayment." A prepayment of only part of the
unpaid principal is known as a "partial prepayment." A prepayment of the full amount of the
unpaid principal is known as a “full prepayment."
IfI make a full prepayment, I may be charged a fee as follows:
If Noteholder receives a prepayment on or before the _rrrst
anniversary of the date of the Note, the Prepayment Fee shall be equal to
Two percent (_ 2-000 %) of the original loan amount. Thereafter,
prepayment of the Note shall be permitted without any Prepayment Fee.
To the extent permitted by Applicable Law, the Prepayment Fee shall be payable upon
a full prepayment, voluntary or involuntary, including but not limited to a prepayment
resulting from Noteholder's permitted acceleration of the balance due on the Note.
Notwithstanding the foregoing, nothing herein shall restrict my right to prepay at any time
without penalty accrued but unpaid interest that has been added to principal.
When I make a full or partial prepayment I will notify the Noteholder in writing that I
am doing so. Any partial prepayment of principal shall be applied to interest accrued on the
amount prepaid and then to the principal balance of the Note which shall not reduce the
amount of monthly installments of principal and interest (until reamortized as set forth in the
Note at the next Payment Change Date) nor relieve me of the obligation to make the
installments each and every month until the Note is paid in full. Partial prepayments shall
have no effect upon the due dates or the amounts of my monthly payments unless the
Noteholder agrees in writing to such changes.
MULTISTATE PREPAY NOTE RIDER AHM-2012P(Multi) (0805)
MTA-11/04
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NOTICE TO THE BORROWER
Do not sign this Note Addendum before you read it. This Note Addendum provides for
the payment of a Prepayment Fee if you wish to repay the loan prior to the date
provided for repayment in the Note.
By signing below, Borrower accepts and agrees to the terms and covenants contained
in this Note Addendum.
[ESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
y S Allen
LL
“C7
(Seal)
~Borrower
(Seal)
Borrower
(Seal) (Seal)
-Borrower ~Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
Borrower ‘Borrower
MULTISTATE PREPAY NOTE RIDER: AHM-2012P(Multi) (0805)
MTA-11/04
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Doc # 943398/ Image 943398.prn App# 0001304895
Ss
UH.
Re
ot
Bw n To:
ake
Fe. can Home Mortgage LARRY WHALEY oF
520 BPgadhollow Road QSCEDLA COUNTY» FLORIDA
Melvill NY 11747 CLERK OF CIRCUIT COURT
CL 2006160526 OR 3194/7796
388 Date 06/21/2006 Time 12:24:15
‘his do ent was prepared by:
MariaPi Losacco DOG STAMPS: 4248.00
950 North mhurst Road INTANGIBLE 2366.00
Mount Prospest IL 60056
me
aw \DONSAS
LP NOtaoLy cease
as unctorncrangvany —__ BORE CANS
MORTGAGE
MIN 100024200013048950
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 2 2006
together with all Riders to this document,
(B) "Borrower" is Gary s“ATT én} jand Yvette B. Allen, husband and wife
Borrower is the mortgagor under this Security Instrument.
(C) "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 American Home Mortgage
Doc #:322051 APP!
ae
1
FLORIDA -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3010 1/01
ZD,6AFL) coos ee
| l ll |
Page
1 of 16 31 9905.02 Initials:
\VMP MORTGAGE FORMS- (800)521-7291
LEGAL / SECURITY INSTRUMENT
"
ns
CL 2006160526 OR 3194//797
Lender is a Corporation
organized and existing under the laws of State of New York
Lender's address is 538 Broadhollow Rd, Melville, NY 11747
(E) "Note" means the promissory note signed by Borrower and dated June 2, 2006
The Note states that Borrower owes Lender One Million Two Hundred Eighty Thousand
and No/100 Dollars
(U.S, $1,280,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than July 1, 2036
(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]
fx] Adjustable Rate Rider [[] Condominium Rider [1] second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(s) [specify]
\ Prepayment 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.
(J) "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.
(O) "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.
DOC #:322052 APPL #:0001304895
Initials:
ZD-6AFL) (0005) Page 2 of 16 Fe 3010 1/01
CL 2006160526 OR 3194/7938
(P) "RESPA" means the Real Estate Settlerhent Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or fegulation 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 Joan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(Q) "Successor in Interest of Borrower" means atiy 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 OSCEOLA [Name of Recording Jurisdiction}:
Lot 282, CELEBRATION NORTH VILLAGE UNIT 2, according to the Plat
thereof, as recorded in Plat Book 9, Pages 165 through 180, inclusive, of the
Public Records of Osceola County, Florida.
Parcel ID Number: 07-25-28-2804-0001-2820 which currently has the address of
106 Acadia Terrace [Street]
Celebration [City] , Florida 34747 [Zip Code}
("Property Address"):
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 in €si including,
but not limited to, the right to foreclose and sell the Property; and to take any actiof réquired] of Lender
including, but not limited to, releasing and canceling this Security Instrument.
Doc #:322053 APPL #:0001304895
Initials:
DAL) cons) Page 3 of 16 Form 3010 1/01
CL “a OR 31944799
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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 o
Preview
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 49 2020 CA 001981 MF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERICAN HOME MORTGAGE ASSETS Oa TRUST 2006-2, MORTGAGE-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-2, OA Plaintiff, PAS a VS. nr SLO “mA YVETTE B. ALLEN A/K/A YVETTE ALLEN, et al. GD Bes Oo9 Defendant(s). a / 34 of NOTICE OF FILING Onthis \\_ day of _ {<4 2021, Plaintiff, by and through its undersigned attorney hereby files: e Original Note © Original Mortgage ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com ARG BA L Liat QB3h a B — SS SO BAR ® ts fe Hillary Mullin, Esquire Florida Bar No. 105522 Communication Email: hmullin@raslg.com UHAVU TAN HAAN QMO 000 20-030251 SERVICE LIST YVETTE B. ALLEN A/K/A YVETTE ALLEN 106 ACADIA TER CELEBRATION, FL 34747 GARY S. ALLEN A/K/A GARY ALLEN 11508 VINCIDR 11 WINDERMERE, FL 34786 UNKNOWN SPOUSE OF YVETTE B. ALLEN A/K/A YVETTE ALLEN 106 ACADIA TER CELEBRATION, FL 34747 CELEBRATION RESIDENTIAL OWNERS ASSOCIATION, INC. C/O LARSEN & ASSOCIATES, INC 300 SOUTH ORANGE AVE. STE 1200 ORLANDO, FL 32801 GREENSPOON MARDER, P.A. EVAN B. KLINEK ATTORNEY FOR GREENSPOON MARDER, P.A. C/O GREENSPOON MARDER, P.A. 200 E. BROWARD BLVD SUITE 1800 FORT LAUDERDALE, FL 33301 PRIMARY EMAIL: EAVN.KLINEK@GMLAW.COM SECONDARY EMAIL: RACHEL.EDELSBURG@GMLAW.COM THERESA L. BLAIR 2126 MATTHEW AVENUE ALBUQUERQUE, NM 87104 ROGER C. BLAIR 2126 MATTHEW AVENUE ALBUQUERQUE, NM 87104 PAGE 2 20-030251 THOMAS TOSCANO 1209 DOWNEY PLACE KISSIMMEE, FL 34747 ANTONIA TOSCANO 1209 DOWNEY PLACE KISSIMMEE, FL 34747 PAGE 3 20-030251 an ADJUSTABLE RAT OT FIRST FIVE YEAR FIXED PAYMENT - 12MTA THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. BECAUSE MY INTEREST RATE WILL CHANGE MORE FREQUENTLY THAN MY MONTHLY PAYMENT, AND BECAUSE THERE ARE LIMITATIONS ON MY MONTHLY PAYMENT INCREASES, THE AMOUNT OF MY MONTHLY PAYMENT MAY NOT FULLY PAY THE INTEREST THAT ACCRUES. AS A RESULT, THE PRINCIPAL AMOUNT I MUST REPAY COULD BE LARGER THAN THE AMOUNT I ORIGINALLY BORROWED, BUT NOT MORE THAN 110.000% OF THE ORIGINAL AMOUNT (OR $_1,408, 000.00 MY INTEREST RATE CAN NEVER EXCEED THE LIMIT STATED IN THIS NOTE OR ANY RIDER TO THIS NOTE. A BALLOON PAYMENT MAY BE DUE AT MATURITY. _gune 2, 2006 Celebration Florida (City) (State) 5 1G Acadia Terrace, Celebration, FL 3474 (Property Address) 1, BORROWER’S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 1,280,000.00 plus any amounts added in accordance with Section 4 (G) below, (this amount is called “Principal”), plus interest, to the order of the Lender. The Lender is American Home Mortgage. . I will make all payments under this Note in form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the “Note Holder”. 2. INTEREST Interest will be charged on unpaid Principal until the full amount has been paid. I will pay interest at a yearly rate of 15% until Dun: 30. 2006. and the initial monthly payment provided for in Section 3) of — this Note will be based on this rate (the “Initial Rate”). Commencing, , I will pay interest at a yearly rate of 7.028% (the “Subsequent Rate”). Thereafter, the interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the interest rate I will pay both before and after any default described in Section 7(B) of this Note. Solely for the purpose of computing interest, a monthly payment received by the Note Holder within 30 days prior or after the date it is due will be deemed to be paid on such due date. 3. PAYMENTS (A) Time and Place of Payments I will pay Principal and interest by making payments every month. In this Note, unless otherwise specified “payment” refers to the Principal and interest payment only, although other charges such as taxes, insurance and/or late charges may also be payable with the monthly payment. Page Lof7 FL AHM-2032N(L) (0106) DOC #:944872 APPL #:0001304895 Rev. 1/27/06 ' . , . I Will make my monthly payments on ist day of each month beginning on_August, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied to interest before Principal. If, on duly 1, 2036 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date”. I will make my monthly payments at po po: £60029 Dalia r 75266-0029 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my monthly payments until the first Payment Change Date will be in the amount of U.S. $ 4,909.09 unless adjusted at an earlier time under Section 4(H) of this Note. (C) Payment Changes My monthly payment will be recomputed, according to Sections 4(E)(F)(G)(H) and (I) of this Note, to reflect changes in the Principal balance and interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may further change on the ist day of August 2006 and on that day every month thereafter. Each such date on which my interest rate could change is called a “Change Date.” (B) The Index On each Change Date, my interest rate will be based on an Index. The “Index” is the Twelve-Month Average, determined as set forth below, of the annual yields on actively traded United States Treasury Securities adjusted to a constant maturity of one year as published by the Federal Reserve Board in the Federal Reserve Statistical Release entitled “Selected Interest Rates (H. 15)” (the “Monthly Yields”). The Twelve-Month Average is determined by adding together the Monthly Yields for the most recently available twelve months and dividing by 12. The most recent Index figure available as the 15 days before each interest rate Change Date is called the “Current Index”. If the Index is no longer available, the Note holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding —Two and 885 Thonsandth percentage points 2.885 % (“Margin”) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-thousandth of one percentage point (0.001). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. In the event a new Index is selected, pursuant to paragraph 4(B), a new Margin will be determined. The new Margin will be the difference between the average of the old Index for the most recent three year period which ends on the last date the Index was available plus the Margin on the last date the old Index was available and the average of the new Index for the most recent three year period which ends on that date (or if not available for such three year period, for such time as it is available). This difference will be rounded to the next higher 1/8 of 1%. (D) Interest Rate Limit My interest rate will never be greater than wine and 950 Thousandth: percentage points % (“Cap”), except that following any sale or transfer of the property which secures repayment of this Note after the first interest rate Change Date, the Page2of7 FL AHM-2032N(FL) (0106) Doc #:944873 APPL #:0001304895 Rev 1/27/06 ‘ maximum interest rate will be the higher of the Cap or 5 percentage points greater than the interest rate in effect at the time of such sale or transfer. (E) Payment Change Dates Effective commencing August 1 011 (the “First Payment Change Date”) and on the same date each twelfth month thereafter (“Payment Change Date”), the Note Holder will determine the amount of the monthly payment that would be sufficient to repay the projected principal balance I am expected to owe as of the Payment Change Date in full on the Maturity Date at the interest rate that will become effective one month prior to the Payment Change Date in substantially equal payments. The result of this calculation is the new amount of my monthly payment, subject to Section 4(F) below, and I will make payments in the new amount until the next Payment Change Date. My payments can change at any time, before or after the First Payment Change Date or any Payment Change Dates under Section 4(H) of this Note. (F) Monthly Payment Limitations Unless Section 4(H) and 4(1) below apply, the amounts of my new monthly payment, beginning with a Payment Change Date following the First Payment Change Date under Section 4(E), will be limited to 74% more or less than the amount I have been paying. This payment cap applies only to the principal and interest payment and does not apply to any escrow payments Lender may require under the Security Instrument. (G) Changes in My Unpaid Principal Due to Negative Amortization or Accelerated Amortization Since my initial monthly payment will be based on the Initial Rate, which may be different than the Subsequent Rate, my initial monthly payment could be less or greater than the amount of the interest portion (the “Interest Portion”) of the monthly principal and interest payment that would be sufficient to repay the unpaid Principal I owe in full on the Maturity Date in substantially equal payments. Additionally, since my payment amount changes less frequently than the interest rate and since the monthly payment is subject to the payment limitations described in Section 4(F), my monthly payment could be less or greater than the amount of the Interest Portion. For each month that the monthly payment is less than the Interest Portion, the Note Holder will subtract the monthly payment from the amount of the Interest Portion and will add the difference to my unpaid Principal, and interest will accrue on the amount of this difference at the current interest rate. For each month that the monthly payment is greater than the Interest Portion, the Note Holder will apply the excess towards a principal reduction of the Note. (8) Limit on My Unpaid Principal; Increased Monthly Payment My unpaid Principal can never exceed a maximum amount equal to 110000 of the principal amount originally borrowed. In the event my unpaid Principal would otherwise exceed that limitation, I will begin paying a new monthly payment until the next Payment Change Date notwithstanding the 7 '4% annual payment increase limitation. The new monthly payment will be an amount which would be sufficient to repay my then unpaid Principal in full on the Maturity Date at the interest rate in effect one month prior to the payment due date in substantially equal payments. () Required Full Monthly Payment On the Five anniversary of the due date of the first monthly payment, and on that same day every Five year thereafter, the monthly payment will be adjusted without regard to the payment cap limitation in Section 4(F). (J) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question J may have regarding the notice (K) Failure to Make Adjustments Page3 of 7 FL AHM-2032N(FL) (0106) Doc #:944874 APPL #:0001304895 Rev 1/27/06 If for any reason Note Holder fails to make an adjustment to the interest rate or payment amount as described in this Note, regardless of any notice requirement, I agree that Note Holder may, upon discovery of such failure, then make the adjustment as if they had been made on time. I also agree not to hold Note Holder responsible for any damages to me which may result from Note Holder’s failure to make the adjustment and to let the Note Holder, at its option, apply any excess monies which I may have paid to partial Prepayment of unpaid Principal. 5. BORROWER’S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment”. When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will apply all of 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. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may have the effect of reducing the amount of my monthly payments, but only after the first Payment Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits. 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 I 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. Miscellaneous Fees: I understand that the Note Holder will also charge a return item charge, in an amount permitted and otherwise in accordance with Applicable Law in the event a payment that I make in connection with repayment of this loan is not honored by the financial institution on which it is drawn. Lender reserves the right to change the fee from time to time without notice except as may be required by law. 7. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of Principal and interest. 1 will pay this late charge promptly but only once for each late payment. (B) Default I£I 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 I am in default, the Note Holder may send me a written notice telling me that if I 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 10 days after the date on which the notice is delivered or mailed to me (or, if the Federal National Mortgage Association or the Federal i 1 Page 4of7 FL | I AHM-2032N(L) (0106) Doc #:944875 APPL #:0001304895 Rev 1/27/06 . , ‘Home Loan Mortgage Corporation buys al or part of Lender’s rights under the Security Instrument, in which case the notice will specify a date, not less than 30 days from the date the notice is given to Borrower). (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 If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note, whether or not a lawsuit is brought, to the extent not prohibited by Applicable Law. Those expenses include, for example, reasonable attorneys’ fees. 8. GIVING OF NOTICES Unless Applicable Law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 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. 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. 10. WAIVERS J and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the “Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. Page Sof? FL AHM-2032N(FL) (0106) DOC #:944876 APPL #:0001304895 Rev 1/27/06 If all or any part of the Property or any interest in the Property is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) the request to assume is made after one year following recordation of the Deed of Trust, (b) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (c) Lender reasonably determines that Lender’s security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument or other obligations related to the Note or other loan document is acceptable to Lender, (d) Assuming party executes Assumption Agreement acceptable to Lender at its sole choice and discretion, which Agreement may include an increase to Cap as set forth below and (e) payment of Assumption Fee if requested by Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender’s consent to the loan assumption and Lender may increase the maximum rate limit to the higher of the Cap or 5 percentage points greater than the interest rate in effect at the time of the transfer. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender has entered into a written Assumption Agreement with transferee and formally releases Borrower. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is 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. 12. MISCELLANEOUS PROVISIONS In the event the Note Holder at any time discovers that this Note or the Security Instrument or any other document related to this loan, called collectively the “Loan Documents,” contains an error which was caused by a clerical or ministerial mistake, calculation error, computer error, printing error or similar error (collectively “Errors”), I agree, upon notice from the Note Holder, to reexecute any Loan Documents that are necessary to correct any such Errors and I also agree that I will not hold the Note Holder responsible for any damage to me which may result from any such Errors. If any of the Loan Documents are lost, stolen, mutilated or destroyed and the Note Holder delivers to me an indemnification in my favor, signed by the Note Holder, then I will sign and deliver to the Note Holder a Loan Document identical in form and content which will have the effect of the original for all purposes. 13. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. Page6 of 7 FL AHM-2032N(FL) (0106) Doc #:944877 APPL #:0001304895 Rev 1/27/06 (S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) Borrower Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) ~Borrower -Borrower PATO THE ORDER OF 0 AEA ASST SECRET Page 7of7 FL AHM-2032N(FL) (0106) DOC #:944878 APPL #:0001304895 Prepayment Fee Note Addendum This Note Addendum is made this 2nd day of _gune, 2006 and is incorporated into and shall be deemed to amend and supplement the Note made by the undersigned (the "Borrower") in favor of American Home Mortgage (the "Lender") and dated as of even date herewith ( the “Note”). This Note Addendum amends the provision in the Note regarding the Borrower's right to prepay as follows: BORROWER'S RIGHT TO PREPAY T have the right to make payments of principal before they are due. Any payment of principal, before it is due, is known as a "prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." A prepayment of the full amount of the unpaid principal is known as a “full prepayment." IfI make a full prepayment, I may be charged a fee as follows: If Noteholder receives a prepayment on or before the _rrrst anniversary of the date of the Note, the Prepayment Fee shall be equal to Two percent (_ 2-000 %) of the original loan amount. Thereafter, prepayment of the Note shall be permitted without any Prepayment Fee. To the extent permitted by Applicable Law, the Prepayment Fee shall be payable upon a full prepayment, voluntary or involuntary, including but not limited to a prepayment resulting from Noteholder's permitted acceleration of the balance due on the Note. Notwithstanding the foregoing, nothing herein shall restrict my right to prepay at any time without penalty accrued but unpaid interest that has been added to principal. When I make a full or partial prepayment I will notify the Noteholder in writing that I am doing so. Any partial prepayment of principal shall be applied to interest accrued on the amount prepaid and then to the principal balance of the Note which shall not reduce the amount of monthly installments of principal and interest (until reamortized as set forth in the Note at the next Payment Change Date) nor relieve me of the obligation to make the installments each and every month until the Note is paid in full. Partial prepayments shall have no effect upon the due dates or the amounts of my monthly payments unless the Noteholder agrees in writing to such changes. MULTISTATE PREPAY NOTE RIDER AHM-2012P(Multi) (0805) MTA-11/04 Page 1 of 2 Doc # 943397/ Image: 943397.prn App# 0001304895 '' |' NOTICE TO THE BORROWER Do not sign this Note Addendum before you read it. This Note Addendum provides for the payment of a Prepayment Fee if you wish to repay the loan prior to the date provided for repayment in the Note. By signing below, Borrower accepts and agrees to the terms and covenants contained in this Note Addendum. [ESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. y S Allen LL “C7 (Seal) ~Borrower (Seal) Borrower (Seal) (Seal) -Borrower ~Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) Borrower ‘Borrower MULTISTATE PREPAY NOTE RIDER: AHM-2012P(Multi) (0805) MTA-11/04 Page 2 of 2 Doc # 943398/ Image 943398.prn App# 0001304895 Ss UH. Re ot Bw n To: ake Fe. can Home Mortgage LARRY WHALEY oF 520 BPgadhollow Road QSCEDLA COUNTY» FLORIDA Melvill NY 11747 CLERK OF CIRCUIT COURT CL 2006160526 OR 3194/7796 388 Date 06/21/2006 Time 12:24:15 ‘his do ent was prepared by: MariaPi Losacco DOG STAMPS: 4248.00 950 North mhurst Road INTANGIBLE 2366.00 Mount Prospest IL 60056 me aw \DONSAS LP NOtaoLy cease as unctorncrangvany —__ BORE CANS MORTGAGE MIN 100024200013048950 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 2 2006 together with all Riders to this document, (B) "Borrower" is Gary s“ATT én} jand Yvette B. Allen, husband and wife Borrower is the mortgagor under this Security Instrument. (C) "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 American Home Mortgage Doc #:322051 APP! ae 1 FLORIDA -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3010 1/01 ZD,6AFL) coos ee | l ll | Page 1 of 16 31 9905.02 Initials: \VMP MORTGAGE FORMS- (800)521-7291 LEGAL / SECURITY INSTRUMENT " ns CL 2006160526 OR 3194//797 Lender is a Corporation organized and existing under the laws of State of New York Lender's address is 538 Broadhollow Rd, Melville, NY 11747 (E) "Note" means the promissory note signed by Borrower and dated June 2, 2006 The Note states that Borrower owes Lender One Million Two Hundred Eighty Thousand and No/100 Dollars (U.S, $1,280,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1, 2036 (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] fx] Adjustable Rate Rider [[] Condominium Rider [1] second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] \ Prepayment 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. (J) "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. (O) "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. DOC #:322052 APPL #:0001304895 Initials: ZD-6AFL) (0005) Page 2 of 16 Fe 3010 1/01 CL 2006160526 OR 3194/7938 (P) "RESPA" means the Real Estate Settlerhent Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or fegulation 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 Joan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means atiy 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 OSCEOLA [Name of Recording Jurisdiction}: Lot 282, CELEBRATION NORTH VILLAGE UNIT 2, according to the Plat thereof, as recorded in Plat Book 9, Pages 165 through 180, inclusive, of the Public Records of Osceola County, Florida. Parcel ID Number: 07-25-28-2804-0001-2820 which currently has the address of 106 Acadia Terrace [Street] Celebration [City] , Florida 34747 [Zip Code} ("Property Address"): 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 in €si including, but not limited to, the right to foreclose and sell the Property; and to take any actiof réquired] of Lender including, but not limited to, releasing and canceling this Security Instrument. Doc #:322053 APPL #:0001304895 Initials: DAL) cons) Page 3 of 16 Form 3010 1/01 CL “a OR 31944799 i i | ' 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 o