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Filing # 100987452 E-Filed 12/31/2019 03:42:53 PM .
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO COUNTY, FLORIDA
Caliber Home Loans, Inc., GENERAL JURISDICTION DIVISION
Plaintiff, Case No.
vs.
Erik J. LaFauce a/k/a Eric LaFauce a/k/a Erik LaFauce
a/k/a Erik James LaFauce; Karly J. LaFauce a/k/a Karly
LaFauce a/k/a Karly Jean Lafauce; Unknown Spouse of
Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean
Lafauce; Clerk of The Court, Pasco County, Florida;
Grand Oaks Master Association, Inc.,
Defendants.
VERIFIED COM FOR FO) SURE O. TGAt
Caliber Home Loans, Inc. (hereinafter referred to as “Plaintiff’), sues Erik J. LaFauce a/k/a Eric
LaFauce a/k/a Erik LaFauce a/k/a Erik James LaFauce; Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly
Jean Lafauce; Unknown Spouse of Karly J, LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce; Clerk
of The Court, Pasco County, Florida; Grand Oaks Master Association, Inc. (hereinafter referred to as
“Defendants”), and alleges:
OUNT.
FORECLOSURE OF MORTGAGE
1 This is an action to foreclose a mortgage on real property in Pasco County, Florida.
2 The Court has jurisdiction over the subject matter.
3. On or about December 4, 2015, Karly J. LaFauce and Erik J. LaFauce executed and
delivered a promissory note (“Note”) securing payment to the payee named thereon and, Karly J. LaFauce
and Erik J. LaFauce executed a mortgage (“Mortgage”) securing payment of the Note. A copy of the
Note is attached hereto as Exhibit “A”.
4. The Mortgage was recorded on December 7, 2015, in Official Records, Book 9295 at
Page 1171 of the Public Records of Pasco County, Florida, and encumbered the property described in the
Mortgage (the “Property”) then owned by and in possession of the mortgagor. A copy of the Mortgage is
attached hereto as Exhibit “B”.
Electronically Filed Pasco Case # 2019CA004250CAAXES 12/31/2019 03:42:53 PM
5. The Mortgage was subsequently assigned to Caliber Home Loans, Inc. by virtue of an
assignment recorded on June 14, 2017, in Official Records Book 9556 at Page 1493 of the Public Records
of Pasco County, Florida. A true and correct copy of the Assignment of Mortgage is attached hereto as
Exhibit “C”.
6 Plaintiff, holder in possession of the Original Note, is entitled to enforce the Note and
Mortgage pursuant to Chapter 673, Florida Statutes.
7 The Property is now owned by Defendant, Karly J. LaFauce a/k/a Karly LaFauce a/k/a
Karly Jean Lafauce, who holds possession.
8 All conditions precedent to the filing of this action have been performed or have
occurred.
9 Defendants, Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce and Erik J.
LaFauce a/k/a Eric LaFauce a/k/a Erik LaFauce a/k/a Erik James LaFauce, have defaulted under the Note
and Mortgage by failing to pay the payment due on August 1, 2019, and all subsequent payments.
10. Plaintiff declares the full amount payable under the Note and Mortgage to be due.
i. Defendants, Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce and Erik J.
LaFauce a/k/a Eric LaFauce a/k/a Erik LaFauce a/k/a Erik James LaFauce, owe Plaintiff $204,654.33 that
is due on principal on the Note and Mortgage, interest from July 1, 2019, and title search expense for
ascertaining necessary parties to this action.
12. Plaintiff is entitled to insurance premiums, taxes, assessments and any other advances
made on behalf of the Defendants as set forth in the Note and Mortgage.
13. Plaintiff is obligated to pay Plaintiff’s attorneys a reasonable fee for their services.
14. Defendant, Clerk of The Court, Pasco County, Florida, is joined because it may claim
some interest in or lien upon the Property by virtue of a Judgment Lien recorded on October 26, 2018 in
Official Records Book 9808 at Page 3253 of the Public Records of Pasco County, Florida. Said interest is
subject, subordinate, and inferior to the lien of Plaintiff’s Mortgage.
15. Defendant, Clerk of the Court, Pasco County, Florida, is joined because it may claim
some interest in or lien upon the Property by virtue of a Judgment Lien recorded on June 7, 2019 in Official
Records Book 9919 at Page 722 of the Public Records of Pasco County, Florida. Said interest is subject,
subordinate, and inferior to the lien of Plaintiff's Mortgage.
16. Defendant, Clerk of the Court, Pasco County, Florida, is joined because it may claim
some interest in or lien upon the Property by virtue of a Judgment Lien recorded on June 7, 2019 in Official
Records Book 9919 at Page 732 of the Public Records of Pasco County, Florida. Said interest is subject,
subordinate, and inferior to the lien of Plaintiff's Mortgage.
17, Defendant, Unknown Spouse of Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean
Lafauce , if any, may claim some right, title of interest in the property here sought to be foreclosed by
virtue of homestead rights, possession or some other unknown interest that exact nature of which is
unknown to Plaintiff and not a matter of public record. However, said interest, if any, is subordinate,
junior and inferior to the lien of Plaintiff's mortgage.
18. Defendant, Grand Oaks Master Association, Inc., is joined because it may claim some
interest in or lien upon the Property by virtue of a possible lien pursuant to the Declaration of Covenants
and Restrictions or Declaration of Condominium and any amendments thereto recorded in the Public
Records of Pasco County, Florida. Said interest is subject, subordinate, and inferior to the lien of Plaintiff's
Mortgage.
19. The interests of each of the Defendants is subject, subordinate and inferior to the lien of
Plaintiff's mortgage.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment:
(a)
foreclosing the Mortgage; and (b) enumerating all amounts this Court determines due to Plaintiff pursuant
to said Note and Mortgage; and (c) ordering the Clerk of the Court to sell the subject property to satisfy
the amount due Plaintiff, in whole or part; and (d) adjudging that the right, title and interest of any party
claiming by, through, under or against any Defendant named herein be deemed inferior and subordinate to
the Plaintiff's Mortgage lien and forever be barred and foreclosed; and (e) retaining jurisdiction of this
Court in this action to make any and all further orders and judgments as necessary and proper, including but
not limited to re-foreclosure against any subordinate interest omitted from these proceedings, determining
the amounts owed to any condominium or homeowners association, issuance of writ of possession; and (f)
awarding Plaintiff its attorney fees, costs, interest, advances; and (g) for such other and further relief as
this Court deems just and proper.
FLA. IV. P. 1.115(c) V. CATIO}
Under penalty of perjury, | declare that | have read the foregoing, and the facts alleged therein are
true and correct to the best of my knowledge and belief.
Caliber Home Loans, Inc.
By: Coy
Title:
Authorized Officer
Nhu Tran
Printed name:
ATION O! -MAIL ADD!
In accordance with Fla. R. Jud. Admin. 2.516(b)(1)(A), the undersigned attorney for the Plaintiff
hereby designates FLCourtDocs@brockandscott.com as their primary e-mail address.
BROCK & SCOTT, PLLC
Attorney for Plaintiff
2001 NW 64th St, Suite 130
Ft. Lauderdale, FL 33309
Phone: (954) 618-6955, ext. 4769
Fax: (954) 618-6954
‘LCourtDocs@brockandscott.com
By, Miguee Lonyatuy Fo bar Ne. 58634 port
Julie Anthousis, Esq.
Florida Bar No. 55337
EXHIBIT A
HA wane
NOTE
DECEMBER 04, 2015 TAMPA FLORIDA
[Cig] [State]
25311 GEDDY DRIVE, LAND O LAKES, FLORIDA 34639-5672.
‘(Property Address]
L BORROWER'S PROMISE TO PAY
Jn return for a Joan that I have received, I promise to pay U.S. $219,353.00 (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 of
cast, check or money order.
Junderstand that the Lender may transfer this Note, The Lenderor anyone wha takes this Note by transfer and who is entitled to
roceive.payments under this Note is called the “Note Holder.”
2
Interest wil be charged on unpaid principal uni the fll amount of Principal has been paid. I will pay interest at a yearly
rate of
3.800%,
‘The interest rate required by this Section 2 is the rate I will pay both before
and after any default described in Section 6(B) of this
3. 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 IST day of each month beginning
payments every month until I have paid all of the principal and interest and any other oncharges
FEBRUARY 1,.2016. I will’ make these
described below that I may owe under
this Note, Each monthly paymentwill be applied as of its scheduled due date and will be applied to interest before Principal. If, on
JANUARY 1, 2046, } still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity”
Iwill 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 paymentwill be in the amount of U.S. $1,022.09.
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
a8 a Prepaymentif have not made all the monthly payments due under the Note.
I may make a fall 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, If I 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 Joan and which sets maximum loan charges, is finally interpreted so that te interest or other loan
charges collected or to be céllected in connection with this loan exceed the'petmilted 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 refiund by reducing the Principal I owe
under this Note o by making a direct payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial
Pre
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
Ifthe Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days alter the date it is due,
will pay a fate charge to the Note Holder. The amount ofthe charge will be 4.00% of my overdue payment of principal and interest.
1 will pay this ate charge promptly but only once on each late payment,
(B) Default .
fT 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 Lam in default, the Note Holder may send me a written notice telling me that if! do not pay the overdue amount a certain
date, the Note Holder may require me to pay immediatelythe full amount of Principal which has not been paid dnd all thé interest that
T owe on that amount. ‘That Gate must beat leas 30 days after the date on which the notice is mailed to me or delivered by olher
(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 1 am in defaultat 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 abave, 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 attomeys* fees.
©2015 GuadianDocs
FIA FLORIDA FIXED RATE NOTE (121/15)
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2. GIVING OF NOTICES
Unless applicable law requiees a different method,an y notice that must be given to me under Note will be given by delivering
it or by mailing it by first class mail to me at the Prop erty Address above or at a different address this
if give the Note Holder 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 first class mail
to the Note Holder at the address stated in Section 3(A) above or at a different addr ress If] am given anotice of that ¢ iBtrent 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 of a gvarantor, 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 tights under this Note
u Aogether, Tis means that any one of us may be required to pay all of the amounts
against each person individuallyor against all of us:
‘owed under this Note,
%. ‘WAIVERS :
I and any ottier person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor,
“Presentment” means the right to require the Note Holdér to demand payment ofamounts'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 fo the Note
Holder under this Note, a Mortgage, Deed of Trust, ot Security Deed (the “Security Instrument"), dated the same date as this Note,
Protects the Note Holder fom 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 Lmay be required to make immediate payment in full of all amounts I
‘owe under this Note, Some of those conditions are described as follows:
Ifall or any'part of the Propertyor any Interest in the Property i& sold or transferred (or if Borrower is not a natural
person and a beneficial interest in Borrower ig sold or transferred) without Lender's prior written consent,
require. immediate payment in full of all suins secured by this Security Instrument. However, this option Lender may
shall not be
exercised by Lender if such exercise is prohibited by Applicable Law.
IfLender exercises this option, Lender shall give Borrolwer notice of acceleration. ‘The notice shall provide a period of
not less than 30 days from, the date the notice is given in accordanée with Section 14 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
‘invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
AI, DOCUMENTARY TAX
‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
‘THE HAND(S) SEAL{S) OF THE UNDERSIGNED.
rowel = iy
Ph dtos yoo. (Seal)
Borrower- ERIK Earp
(Seal) .
[Sign Original Only}
Loan Originator Organization: CALIBER HOME LOANS, INC.
‘NMLS ID
Loan Originator! NA
NMLS
ID: N/A
Loan Originator Organization: FIDELITY MORTGAGE LOANS, INC
NMLS ID
Loan Oripenatnn ADYS WILLS
NMLS IL
©2015 GuadianDocs
ava FT ORMA BIEN RATE
NOTE (U21/15)
Page 2 0f2
Pay tothe orders
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Withoy ry
By Cay of
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HA UA A
EXHIBIT B
Rept: 1732351 Rec: 129.00
Record & Returs To: DS: 767.90 it: 430.71
First American Title 12/07/2015 eRecording
13903 Carrollwood Village Run
Tampa, FL 3361 PAULA S. O'NEIL Ph.D. PASCO CLERK & COMPTROLLER:
om ox GAGH vc 1171
12/07/2015 03:03 PM 1
Prepared by: of 15
GAYLE NITZ
CALIBER HOME LOANS, INC.
3701 REGENT BLVD., SUITE 180
IRVING, TX 75063
After Recording Return To:
SECURITY CONNECTIONS, INC. ON
BEHALF OF CALIBER HOME LOANS
240 TECHNOLOGY DRIVE
IDAHO FALLS, ID 83401
[Space Above This Line For Recording Data]
Loan Number]
MERS Number
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
10, 12, 17, 19 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 15.
(A) "Security Instrument" means this document, which is dated DECEMBER 04, 2015, together with all
Riders to this document.
(B) "Borrower" is KARLY J LAFAUCE AND ERIK J LAFAUCE, WIFE AND HUSBAND. 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, M] 48501-2026, tel. (888) 679-MERS.
@) "Lender" is CALIBER HOME LOANS, INC.. Lender is a CORPORATION organized and existing
under the laws of DELAWARE. Lender's address is 3701 REGENT BLVD., SUITE 180, IRVING, TX
75063.
() "Note" means the promissory note signed by Borrower and dated DECEMBER 04, 2015. The Note
states that Borrower owes Lender TWO HUNDRED NINETEEN THOUSAND THREE HUNDRED
FIFTY-THREE AND 00/100THS Dollars (U.S. $219,353.00) plus interest. Borrower has promised to pay this
debt in regular Periodic Payments and to pay the debt in full not later than JANUARY 01, 2046.
® “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, late charges due under the Note, and all
sums due under this Security Instrument, plus interest.
@B) “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]:
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O Condominium Rider O Growing Equity Rider © Adjustable Rate Rider
[I Planned Unit Development Rider € Graduated Payment Rider 1 Non-Owner Occupied Rider
CO) 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.
«) “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.
qd) "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.
% “Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
oO” “periodic Payment" means the regularly scheduled amount due for (3) principal and interest under the
Note, plus (ji) any amounts under Section 3 of this Security Instrument,
() "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 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 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) Secretary" means the Secretary of the United States Department of Housing and Urban Development
or his designee.
(R) "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 __ PASCO
[Name of Recording Jurisdiction]
LEGAL DESCRIPTION ATTACHED HERETO AND MADE PART HEREOF
cy ArT ADINA MODTGAGE (9/14)
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which currently has the address of 25311 GEDDY DRIVE.
Street]
LAND
O LAKES » Florida 34639-5672 (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 ofthose 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
tight 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 ofrecord,
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, and Late Charges. Borrower shall pay when due the
principal of, and interest on, the debt evidenced by the Note 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 14. 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:
First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by
the Secretary instead of the monthly mortgage insurance premiums;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other
hazard insurance premiums, as required;
Third, to interest due under the Note;
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Fourth, to amortization of the principal ofthe Note; and,
Fifth, to late charges due under 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 Periodic Payments.
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 Propesty; (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 (4) Mortgage Insurance premiums to be paid by Lender to the
Secretary or the monthly charge by the Secretary instead of the monthly Mortgage Insurance premiums. These
items are called “Escrow Items." At origination or at any time during the term ofthe 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 niay 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 14 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.
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
FHA FLORIDA MORTGAGE (9/14)
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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.
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 Doods, 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, cither: (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 cach 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 ofany 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 liabi
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 ofinsurance 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
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 ofthe 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 shal] 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 i
Preview
Filing # 100987452 E-Filed 12/31/2019 03:42:53 PM . IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO COUNTY, FLORIDA Caliber Home Loans, Inc., GENERAL JURISDICTION DIVISION Plaintiff, Case No. vs. Erik J. LaFauce a/k/a Eric LaFauce a/k/a Erik LaFauce a/k/a Erik James LaFauce; Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce; Unknown Spouse of Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce; Clerk of The Court, Pasco County, Florida; Grand Oaks Master Association, Inc., Defendants. VERIFIED COM FOR FO) SURE O. TGAt Caliber Home Loans, Inc. (hereinafter referred to as “Plaintiff’), sues Erik J. LaFauce a/k/a Eric LaFauce a/k/a Erik LaFauce a/k/a Erik James LaFauce; Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce; Unknown Spouse of Karly J, LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce; Clerk of The Court, Pasco County, Florida; Grand Oaks Master Association, Inc. (hereinafter referred to as “Defendants”), and alleges: OUNT. FORECLOSURE OF MORTGAGE 1 This is an action to foreclose a mortgage on real property in Pasco County, Florida. 2 The Court has jurisdiction over the subject matter. 3. On or about December 4, 2015, Karly J. LaFauce and Erik J. LaFauce executed and delivered a promissory note (“Note”) securing payment to the payee named thereon and, Karly J. LaFauce and Erik J. LaFauce executed a mortgage (“Mortgage”) securing payment of the Note. A copy of the Note is attached hereto as Exhibit “A”. 4. The Mortgage was recorded on December 7, 2015, in Official Records, Book 9295 at Page 1171 of the Public Records of Pasco County, Florida, and encumbered the property described in the Mortgage (the “Property”) then owned by and in possession of the mortgagor. A copy of the Mortgage is attached hereto as Exhibit “B”. Electronically Filed Pasco Case # 2019CA004250CAAXES 12/31/2019 03:42:53 PM 5. The Mortgage was subsequently assigned to Caliber Home Loans, Inc. by virtue of an assignment recorded on June 14, 2017, in Official Records Book 9556 at Page 1493 of the Public Records of Pasco County, Florida. A true and correct copy of the Assignment of Mortgage is attached hereto as Exhibit “C”. 6 Plaintiff, holder in possession of the Original Note, is entitled to enforce the Note and Mortgage pursuant to Chapter 673, Florida Statutes. 7 The Property is now owned by Defendant, Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce, who holds possession. 8 All conditions precedent to the filing of this action have been performed or have occurred. 9 Defendants, Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce and Erik J. LaFauce a/k/a Eric LaFauce a/k/a Erik LaFauce a/k/a Erik James LaFauce, have defaulted under the Note and Mortgage by failing to pay the payment due on August 1, 2019, and all subsequent payments. 10. Plaintiff declares the full amount payable under the Note and Mortgage to be due. i. Defendants, Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce and Erik J. LaFauce a/k/a Eric LaFauce a/k/a Erik LaFauce a/k/a Erik James LaFauce, owe Plaintiff $204,654.33 that is due on principal on the Note and Mortgage, interest from July 1, 2019, and title search expense for ascertaining necessary parties to this action. 12. Plaintiff is entitled to insurance premiums, taxes, assessments and any other advances made on behalf of the Defendants as set forth in the Note and Mortgage. 13. Plaintiff is obligated to pay Plaintiff’s attorneys a reasonable fee for their services. 14. Defendant, Clerk of The Court, Pasco County, Florida, is joined because it may claim some interest in or lien upon the Property by virtue of a Judgment Lien recorded on October 26, 2018 in Official Records Book 9808 at Page 3253 of the Public Records of Pasco County, Florida. Said interest is subject, subordinate, and inferior to the lien of Plaintiff’s Mortgage. 15. Defendant, Clerk of the Court, Pasco County, Florida, is joined because it may claim some interest in or lien upon the Property by virtue of a Judgment Lien recorded on June 7, 2019 in Official Records Book 9919 at Page 722 of the Public Records of Pasco County, Florida. Said interest is subject, subordinate, and inferior to the lien of Plaintiff's Mortgage. 16. Defendant, Clerk of the Court, Pasco County, Florida, is joined because it may claim some interest in or lien upon the Property by virtue of a Judgment Lien recorded on June 7, 2019 in Official Records Book 9919 at Page 732 of the Public Records of Pasco County, Florida. Said interest is subject, subordinate, and inferior to the lien of Plaintiff's Mortgage. 17, Defendant, Unknown Spouse of Karly J. LaFauce a/k/a Karly LaFauce a/k/a Karly Jean Lafauce , if any, may claim some right, title of interest in the property here sought to be foreclosed by virtue of homestead rights, possession or some other unknown interest that exact nature of which is unknown to Plaintiff and not a matter of public record. However, said interest, if any, is subordinate, junior and inferior to the lien of Plaintiff's mortgage. 18. Defendant, Grand Oaks Master Association, Inc., is joined because it may claim some interest in or lien upon the Property by virtue of a possible lien pursuant to the Declaration of Covenants and Restrictions or Declaration of Condominium and any amendments thereto recorded in the Public Records of Pasco County, Florida. Said interest is subject, subordinate, and inferior to the lien of Plaintiff's Mortgage. 19. The interests of each of the Defendants is subject, subordinate and inferior to the lien of Plaintiff's mortgage. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment: (a) foreclosing the Mortgage; and (b) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and Mortgage; and (c) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or part; and (d) adjudging that the right, title and interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior and subordinate to the Plaintiff's Mortgage lien and forever be barred and foreclosed; and (e) retaining jurisdiction of this Court in this action to make any and all further orders and judgments as necessary and proper, including but not limited to re-foreclosure against any subordinate interest omitted from these proceedings, determining the amounts owed to any condominium or homeowners association, issuance of writ of possession; and (f) awarding Plaintiff its attorney fees, costs, interest, advances; and (g) for such other and further relief as this Court deems just and proper. FLA. IV. P. 1.115(c) V. CATIO} Under penalty of perjury, | declare that | have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Caliber Home Loans, Inc. By: Coy Title: Authorized Officer Nhu Tran Printed name: ATION O! -MAIL ADD! In accordance with Fla. R. Jud. Admin. 2.516(b)(1)(A), the undersigned attorney for the Plaintiff hereby designates FLCourtDocs@brockandscott.com as their primary e-mail address. BROCK & SCOTT, PLLC Attorney for Plaintiff 2001 NW 64th St, Suite 130 Ft. Lauderdale, FL 33309 Phone: (954) 618-6955, ext. 4769 Fax: (954) 618-6954 ‘LCourtDocs@brockandscott.com By, Miguee Lonyatuy Fo bar Ne. 58634 port Julie Anthousis, Esq. Florida Bar No. 55337 EXHIBIT A HA wane NOTE DECEMBER 04, 2015 TAMPA FLORIDA [Cig] [State] 25311 GEDDY DRIVE, LAND O LAKES, FLORIDA 34639-5672. ‘(Property Address] L BORROWER'S PROMISE TO PAY Jn return for a Joan that I have received, I promise to pay U.S. $219,353.00 (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 of cast, check or money order. Junderstand that the Lender may transfer this Note, The Lenderor anyone wha takes this Note by transfer and who is entitled to roceive.payments under this Note is called the “Note Holder.” 2 Interest wil be charged on unpaid principal uni the fll amount of Principal has been paid. I will pay interest at a yearly rate of 3.800%, ‘The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this 3. 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 IST day of each month beginning payments every month until I have paid all of the principal and interest and any other oncharges FEBRUARY 1,.2016. I will’ make these described below that I may owe under this Note, Each monthly paymentwill be applied as of its scheduled due date and will be applied to interest before Principal. If, on JANUARY 1, 2046, } still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity” Iwill 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 paymentwill be in the amount of U.S. $1,022.09. 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 a8 a Prepaymentif have not made all the monthly payments due under the Note. I may make a fall 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, If I 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 Joan and which sets maximum loan charges, is finally interpreted so that te interest or other loan charges collected or to be céllected in connection with this loan exceed the'petmilted 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 refiund by reducing the Principal I owe under this Note o by making a direct payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Pre 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments Ifthe Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days alter the date it is due, will pay a fate charge to the Note Holder. The amount ofthe charge will be 4.00% of my overdue payment of principal and interest. 1 will pay this ate charge promptly but only once on each late payment, (B) Default . fT 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 Lam in default, the Note Holder may send me a written notice telling me that if! do not pay the overdue amount a certain date, the Note Holder may require me to pay immediatelythe full amount of Principal which has not been paid dnd all thé interest that T owe on that amount. ‘That Gate must beat leas 30 days after the date on which the notice is mailed to me or delivered by olher (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 1 am in defaultat 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 abave, 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 attomeys* fees. ©2015 GuadianDocs FIA FLORIDA FIXED RATE NOTE (121/15) Poge! of 2 2. GIVING OF NOTICES Unless applicable law requiees a different method,an y notice that must be given to me under Note will be given by delivering it or by mailing it by first class mail to me at the Prop erty Address above or at a different address this if give the Note Holder 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 first class mail to the Note Holder at the address stated in Section 3(A) above or at a different addr ress If] am given anotice of that ¢ iBtrent 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 of a gvarantor, 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 tights under this Note u Aogether, Tis means that any one of us may be required to pay all of the amounts against each person individuallyor against all of us: ‘owed under this Note, %. ‘WAIVERS : I and any ottier person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor, “Presentment” means the right to require the Note Holdér to demand payment ofamounts'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 fo the Note Holder under this Note, a Mortgage, Deed of Trust, ot Security Deed (the “Security Instrument"), dated the same date as this Note, Protects the Note Holder fom 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 Lmay be required to make immediate payment in full of all amounts I ‘owe under this Note, Some of those conditions are described as follows: Ifall or any'part of the Propertyor any Interest in the Property i& sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower ig sold or transferred) without Lender's prior written consent, require. immediate payment in full of all suins secured by this Security Instrument. However, this option Lender may shall not be exercised by Lender if such exercise is prohibited by Applicable Law. IfLender exercises this option, Lender shall give Borrolwer notice of acceleration. ‘The notice shall provide a period of not less than 30 days from, the date the notice is given in accordanée with Section 14 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 ‘invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. AI, DOCUMENTARY TAX ‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. ‘THE HAND(S) SEAL{S) OF THE UNDERSIGNED. rowel = iy Ph dtos yoo. (Seal) Borrower- ERIK Earp (Seal) . [Sign Original Only} Loan Originator Organization: CALIBER HOME LOANS, INC. ‘NMLS ID Loan Originator! NA NMLS ID: N/A Loan Originator Organization: FIDELITY MORTGAGE LOANS, INC NMLS ID Loan Oripenatnn ADYS WILLS NMLS IL ©2015 GuadianDocs ava FT ORMA BIEN RATE NOTE (U21/15) Page 2 0f2 Pay tothe orders ht Withoy ry By Cay of —| vi Medina col fra) Tearn Lead HA UA A EXHIBIT B Rept: 1732351 Rec: 129.00 Record & Returs To: DS: 767.90 it: 430.71 First American Title 12/07/2015 eRecording 13903 Carrollwood Village Run Tampa, FL 3361 PAULA S. O'NEIL Ph.D. PASCO CLERK & COMPTROLLER: om ox GAGH vc 1171 12/07/2015 03:03 PM 1 Prepared by: of 15 GAYLE NITZ CALIBER HOME LOANS, INC. 3701 REGENT BLVD., SUITE 180 IRVING, TX 75063 After Recording Return To: SECURITY CONNECTIONS, INC. ON BEHALF OF CALIBER HOME LOANS 240 TECHNOLOGY DRIVE IDAHO FALLS, ID 83401 [Space Above This Line For Recording Data] Loan Number] MERS Number MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, 19 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 15. (A) "Security Instrument" means this document, which is dated DECEMBER 04, 2015, together with all Riders to this document. (B) "Borrower" is KARLY J LAFAUCE AND ERIK J LAFAUCE, WIFE AND HUSBAND. 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, M] 48501-2026, tel. (888) 679-MERS. @) "Lender" is CALIBER HOME LOANS, INC.. Lender is a CORPORATION organized and existing under the laws of DELAWARE. Lender's address is 3701 REGENT BLVD., SUITE 180, IRVING, TX 75063. () "Note" means the promissory note signed by Borrower and dated DECEMBER 04, 2015. The Note states that Borrower owes Lender TWO HUNDRED NINETEEN THOUSAND THREE HUNDRED FIFTY-THREE AND 00/100THS Dollars (U.S. $219,353.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JANUARY 01, 2046. ® “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, late charges due under the Note, and all sums due under this Security Instrument, plus interest. @B) “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]: FHA FLORIDA MORTGAGE (9/14) vo ve (boge 1 of 12 pages) ee Order: 191254068 Page 15 of 240 Requested By: K Jaya Sree , Printed: 12/8/2019 5:31 AM Doc: 9295-1171 MTG 12-07-2015 ook 9295 vo 1172 2 of 15 O Condominium Rider O Growing Equity Rider © Adjustable Rate Rider [I Planned Unit Development Rider € Graduated Payment Rider 1 Non-Owner Occupied Rider CO) 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. «) “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. qd) "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. % “Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the oO” “periodic Payment" means the regularly scheduled amount due for (3) principal and interest under the Note, plus (ji) any amounts under Section 3 of this Security Instrument, () "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 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 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) Secretary" means the Secretary of the United States Department of Housing and Urban Development or his designee. (R) "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 __ PASCO [Name of Recording Jurisdiction] LEGAL DESCRIPTION ATTACHED HERETO AND MADE PART HEREOF cy ArT ADINA MODTGAGE (9/14) v= ve nee toage 2 of 12 pages) a Order: 191254068 Page 16 of 240 Requested By: K Jaya Sree , Printed: 12/8/2019 5:31 AM Doe: 9295-1171 MTG 12-07-2015 or kK GAGS vc 1173 3 of 15 which currently has the address of 25311 GEDDY DRIVE. Street] LAND O LAKES » Florida 34639-5672 (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 ofthose 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 tight 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 ofrecord, 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, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note 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 14. 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: First, to the Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly mortgage insurance premiums; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; FHA FTORTNA MORTGAGE (9/14) (bage 3 of 12 pages) 2045 fanPnre ee Order; 191254068 Page 17 of 240 Requested By: K Jaya Sree , Printed: 12/8/2019 5:31 AM Doc: 9295-1171 MTG 12-07-2015 on x GBOS ve 1174 4 of 15 Fourth, to amortization of the principal ofthe Note; and, Fifth, to late charges due under 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 Periodic Payments. 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 Propesty; (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 (4) Mortgage Insurance premiums to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly Mortgage Insurance premiums. These items are called “Escrow Items." At origination or at any time during the term ofthe 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 niay 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 14 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. 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 FHA FLORIDA MORTGAGE (9/14) OI015 raiannane, Googe 4 of 12 pages) nr Order: 191254068 Page 18 of 240 Requested By: K Jaya Sree , Printed: 12/8/2019 5:31 AM Doc: 9295-1171 MTG 12-07-2015. or rk 9FOS vc 1175 5 of 15 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. 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 Doods, 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, cither: (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 cach 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 ofany 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 liabi 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 ofinsurance 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 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 ofthe 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 shal] 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 i