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Filing # 190923107 E-Filed 01/31/2024 11:23:48 AM
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT
IN AND FOR WALTON COUNTY, FLORIDA
CIVIL DIVISION
PNC Bank, National Association
Case #:
Plaintiff,
-VS.-
A. Wayne Williamson as Personal
Representative of the Estate of David
Halverstadt a/k/a David Andrews Halverstadt
a/k/a David A. Halverstadt; Barbara Hornby
Halverstadt a/k/a Barbara H. Halverstadt a/k/a
Barbara Halverstadt a/k/a Barbara Ann Hornby;
Raymond Craig Endicott as Successor Co-
Trustee of the Halverstadt/Endicott Family
Trust; Charlotte Mabry as Successor Co-
Trustee of the Halverstadt/Endicott Family
Trust; Raymond Craig Endicott as Beneficiary
of the Halverstadt/Endicott Family Trust;
Raymond Craig Endicott; Unknown Heirs,
Devisees, Grantees, Assignees, Creditors,
Lienors, and Trustees of Hugh Fleece
Halverstadt a/k/a Hugh F. Halverstadt,
Deceased, and All Other Persons Claiming by
and Through, Under, Against The Named
Defendant (s); Unknown Spouse of Barbara
Homby Halverstadt a/k/a Barbara H.
Halverstadt a/k/a Barbara Halverstadt a/k/a
Barbara Ann Hornby; Unknown Spouse of
Raymond Craig Endicott; Unknown Parties in
Possession #1, if living, and all Unknown
Parties claiming by, through, under and against
the above named Defendant(s); Unknown
Parties in Possession #2, if living, and all
Unknown Parties claiming by, through, under
and against the above named Defendant(s)
Defendant(s).
VERIFIED COMPLAINT TO FORECLOSE MORTGAGE
Plaintiff, PNC Bank, National Association, sues the Defendant(s) and states:
Page 1 of6
Electronically Filed Walton Case # 24000049CAAXMX 01/31/2024 10:23:48 AM
1 This is an action to foreclose a mortgage on real property located in Walton
County, Florida, and by reason thereof the venue for this matter is in Walton County, Florida.
2. Borrower(s) David Halverstadt (Deceased) executed and delivered a Promissory
Note (“Note”) dated September 11, 2006 and David Halverstadt (Deceased) executed a first
Mortgage (“Mortgage”) dated September 11, 2006 securing payment of the Note to the payee
named thereon. The Mortgage was recorded in Official Records Book 2734, at Page 3976, of the
Public Records of Walton County, Florida, and mortgaged the property described in the
mortgage then owned by and in possession of the mortgagor(s). True and correct copies of said
Note and Mortgage, are attached hereto as Exhibit "A" and Exhibit "B" respectively.
3 Plaintiffis in physical possession of the original Note, an exact copy of which is
attached hereto as Exhibit “A”, and by virtue of being in possession of such original Note, is the
holder of that Note.
4 Effective November 6, 2009, National City Bank merged with and into PNC
Bank, National Association. Upon its merger with National City Bank, PNC Bank, National
Association acquired custody of the Note.
5 The Mortgage of the Plaintiff is a lien superior in dignity to any prior or
subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's
predecessors in interest.
6. Defendants, A. Wayne Williamson as Personal Representative of the Estate of
David Halverstadt a/k/a David Andrews Halverstadt a/k/a David A. Halverstadt, Barbara Hornby
Halverstadt a/k/a Barbara H. Halverstadt a/k/a Barbara Halverstadt a/k/a Barbara Ann Hornby,
Raymond Craig Endicott as Successor Co-Trustee of the Halverstadv/Endicott Family Trust,
Charlotte Mabry as Successor Co-Trustee of the Halverstadt/Endicott Family Trust, Raymond
Page 2 of6
Craig Endicott as Beneficiary of the Halverstad/Endicott Family Trust, Raymond Craig Endicott
and Unknown Heirs, Devisees, Grantees, Assignees, Creditors, Lienors, and Trustees of Hugh
Fleece Halverstadt a/k/a Hugh F. Halverstadt, Deceased, and Al] Other Persons Claiming by and
Through, Under, Against The Named Defendant (s), are the current owners of the real property
which is the subject of the Mortgage.
7 All conditions precedent to the acceleration of the Note and Mortgage and the
filing of the instant foreclosure complaint have been fulfilled.
8 There has been a default in the payment of the amounts due under the Note and
Mortgage in that the payment due for August 1, 2023 and all subsequent payments have not been
made.
9. Plaintiff declares the full amount payable under the Note and Mortgage to be due
and payable.
10. ‘There is now due and owing the principal sum of $54,593.78, together with all
interest and sums that may be due for taxes, insurance, escrow advances, and expenses and costs
of suit including but not limited to filing fees, recording fees, title search and examination fees,
fees due for service of process and such other costs as may be allowed by the Court.
ll. Plaintiff is obligated to pay plaintiff's attorney a reasonable fee for their services
and seeks an award of attorney's fees. Plaintiff is entitled to recover its attorneys’ fees under the
Note and Mortgage.
12. That the Defendant, Barbara Hormby Halverstadt a/k/a Barbara H. Halverstadt
a/k/a Barbara Halverstadt a/k/a Barbara Ann Hornby, might have some claim or demand in the
subject property by virtue ofa Deed which Lacks Marital Status, recorded in Official Records
Book 2729, Page 1939 of the Public Records of Walton County, Florida, and all other rights,
Page 3 of 6
claims, liens, interest, encumbrances and equities. either recorded or unrecorded, if any in the
subject real property. The above-described interest of said Defendant(s) in the subject property
is inferior to the interest of the Plaintiff in said property.
13, That the Defendant, Unknown Spouse of Barbara Homby Halverstadt a/k/a
Barbara H. Halverstadt a/k/a Barbara Halverstadt a/k/a Barbara Ann Hornby, might have some
claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all
other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if
any in the subject real property. The above-described interest of said Defendant(s) in the subject
property is inferior to the interest of the Plaintiff in said property.
14. That the Defendant, Unknown Spouse of Raymond Craig Endicott, might have
some claim or demand in the subject property by virtue of a spousal homestead interest, if any,
and all other rights, claims, liens, interest, encumbrances and equities, either recorded or
unrecorded, if any in the subject real property. The above-described interest of said Defendant(s)
in the subject property is inferior to the interest of the Plaintiff in said property.
15. That the Defendant, Unknown Parties in Possession #1, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) who
are not known to be dead or alive, whether said Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.
16. That the Defendant, Unknown Parties in Possession #2, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) who
are not known to be dead or alive, whether said Unknown Parties may claim an interest as.
Page 4 of 6
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs and for
attorneys' fees, and respectfully requests that the court enter a Final Judgment: (a) enumerating
all amounts the court determines due to Plaintiff pursuant to said Note and Mortgage, (b)
ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in
whole or in part; (c) 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 be forever barred and foreclosed; (d) retaining jurisdiction of the
court in this action to make any and all further orders and judgments as may be necessary and
proper, including issuance of a writ of possession, to determine the amount of assessments
due
pursuant to sections 718.116 or 720.3085 and the entry of a deficiency, only when and if such
(this space intentionally left blank)
Page 5 of6
deficiency is sought; and, (e) for such other and further relief as the court may deem just and
proper.
FLA. R. CIV. P. 1.110(b) VERIFICATION
Under penalty of perjury, 1 declare that I have read the foregoing, and the facts alleged therein are
true and correct to the best of my knowledge and belief.
This they of a any 2004 by
Signature
Printed Name:
Katherine Mary Oravec
Title:
PNC Bank, National Association
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's counsel
hereby designates its primary email address for the purposes of
email service as: FLeService@logs.com*
LOGS LEGAL GROUP LLP
Attorneys for Plaintiff
750 Park of Commerce Blvd., Suite 130
Boca Raton, Florida 33487
Telephone: (561) 998-6700 Ext. 66821
Fax: (561) 998-6707
For Email Service Only: FLeService@logs.com
For al] other inquiries: jhooper@logs.com
/s/Lara Diskin
By: FL Bar # 43811
for Jessica A. Hooper, Esq.
FL Bar # 1018064
Pursuant to the Fair Debt Collection Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.
23-330387 FCO] NCM
Page 6 of 6
Exhibit
“cA”
NOTE
September 11, 2006
[Date} [City] [State]
1569 N COUNTY HWY 393, SANTA ROSA BEACH, Florida 32459
{Property Address}
1. BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 92,000.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is
National City Mortgage a division of National City Bank
I will make all payments under this Note in the form of cash, check or money order.
J understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled
to receive payments under this Note is called the "Note Holder.”
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate
of 6.875 %.
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 Note.
3. PAYMENTS
(A) Time and Place of Payments
1 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 on November 1st 2006 . Ewill
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note, Each monthly payment will be applied as of its scheduled due date and will be applied to interest before
Principal. If, on October 1 2036 , 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 National City Mortgage Co.
P QO Box 17677, Baltimore, MD 21297-1677 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 604.38
4. 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 thatI am doing so. 1 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 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.
FLORIDA FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
aa
BD -SNFL) 10005) Form 3210 1/01
VMP MORTGAGE FORMS - (800)521-7291
Page 1 of 3 Initials: DLE
.
’ .
5. 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 joan 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. If a refund reduces Principal, the reduction will be treated as
a partial Prepayment.
6. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 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 5.00 % of
my overdue payment of principal and interest, I will pay this late charge promptly but only once on each late payment,
(B) Default
If 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 thatI owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered
by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I 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 to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if ] am given a notice of that different
address,
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations 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.
9. WAIVERS
I 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.
Form 3210 1/01
D,-SNEFL) (0005) Page 2 of 3 Initials:
«
'
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note 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:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is nota
natural person and a beneficial interest in Borrower is sold or transferred) 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.
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.
11, DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
Dia Velbon (Seal) (Seal)
DAVID HALVERSTADT -Borrower -Borrower
a
(Seal) (Seal)
-Borrower -Borrower
peor TO THE ORDER
- “a
a OF (Seal) eur (Seal)
pay TO THE -Borrower SUBSIDIARYeet OF
TH
a9 ao Borrower
L
‘witHQuy RAL. oo
TRECOU!
NAT) AL CITY L CITY BANK Hage cary,
BSIDIARY OF
SAGER
- qatar oe
(Seal) — 9A REE EE et Sealy
orrower Borrower
TS
TERRIE ROG! ADMINIS TRATOR
LOAN REVIEW
{Sign Original Only}
SD. ~5N(FL) (0005) Pago3 of 3 Form 3210 1/01
Exhibit
.°R”’
CEFN # 965769, OR BK 2734 Page 3976, Recorded 09/18/2006 at 11:58 AM, MARTHA
INGLE , WALTON COUNTY CLERK OF COURT DOC STMP-M: $322.00 INT TAX: $184.00
Deputy Clerk T WARD
Return To:
NationalLink
=
400 Corporatio!
Aliquippa, PA 15001
1.888.422.7911
This document was Brepared by:
ENNIFER MOH
National City Bank
P.O. Box 8800
Dayton, OH 45401-8800
[Space Above This Line For Recording, Duta) jpeg —
MORTGAGE
DEFINITIONS
Words used in multiple sectior s of this doct ent 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 September 11, 2006
together with all Riders to this document.
(B) "Borrower" i:
-
DAVID HALVERSTADT UN mec’ S
19G Couns
Borrower is the mortgagor undes ‘his HRY, BAA
Instrument.
Banta Raa Reach el
(C) "Lender" is National City Mortgage a division of DAUSYT
National City Bank
lender a National Banking Association
organized and existing under the laws of United States
FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
@, 6(FL) (0005).01
Page 1 of 16 inti Dttt-
VMP MORTGAGE FORMS - (800)521-729)
CFN 965769 OR BK 2734 PG 3977
—
Lender's address is 3232 Newmark Drive, Miamisburg, OH 45342
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated September 11, 2006
‘The Note states that Borrower owes Lender
NINETY TWO THOUSAND & 00/100 Dotlars
92,000.00) Plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than October 1, 20
() "Property" means the property that is described below under the heading “Transfer of Rights in the
Property.”
(F) "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.
(G) "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]
[_) Adjustable Rate Rider [_} Condominium Rider [2] second Home Rider
Balloon Rider Planned Unit Development Rider [__] 1-4 Family Rider
CJ va Rider Biweckly Payment Rider Other(s) [specify]
(HD “Applicable Law" means all controlling applicable federal, state and focal statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable inal,
non-appealable judicial opinions.
@ "Community Asso ition Dues, Fees, and Assessments" means all dues, fees, as: ments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or imilar organization.
(J) "Electronic Funds Transfer" means any wansfer of funds, other than a wansaction 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 transfe1 . automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance procceds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Propert it) 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
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, pl Gi) any amounts under Section 3 of this Security Instrument,
initiate: DA
ZzD; 6(FL) (0005).01 Page 2of 16 Form 3010 04
CFN 965769 OR BK 2734 PG 3978
(O) "RESPA" mcans the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 ct 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 quali 'y as a "federally related mortgage loan”
under RESPA.
(P) "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 Sccurity 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
Sccurity Instrument and the Note. For this purpose, Borrower docs hereby mortgage, grant and convey to
Lender, the following described property located in the County [Type of Recording Jurisdiction]
of walton [Name of Recording Jurisdiction]:
LEGAL IS ATTACHED
Parcel ID Number: 222820331200460050 which currently has the address of
1569 N COUNTY Hwy 393, [Street]
‘A ROSA BEACH (City, Florida 32459 [Zip Code}
("Property Address" y:
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements,
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.”
GZ, 6(FL) (0005).01 Page dot 16 Form 3010 1/04
CFN 965769 OR BK 2734 PG 3979
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 ited variations by juri fiction to constitute 4 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 duc the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier’s check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring
the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of i scheduled duc datc, then Lender need not pa’ interest on unapplied
funds. Lender may hold such unapp! 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 carlicr, 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 sccured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal duc under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, tie payment may be applicd to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, cach payment can be paid in
iniats: O4t
ZD,-6(FL) (0005).01 Paged of 16 Form 3010 1/01
CFN 965769 OR BK 2734 PG 3980
full. To the extent that any excess exists after the payment is ap plied to the full payment of one or more
prepayments shal! be
Periodic Payments, such excess may be applied w any late charges due. Voluntary
applied first to any prepayment t charges and then as described in the Note.s Proceeds to principal due under the
‘Any application of payments, insurance proceeds, or Miscellancou: the Periodic Payments.
Note shall not extend or postpone the due date, or change the amount, theof day Periodic Payments are due under
3. Funds for Escrow Items. Borrower shall pay to Lent der on
for payment of amounts due for: (a)
the Note, until the Note is paid in full, a sum (the "Funds' ") to provide this Sccurity Instrument as a lien or
taxes and assessments and other items which can attain priority over on the Property, if any; (c) premium:
encumbrance on the Property; (b) leasehold payments or ground rents
for any and all insurance required by Lender under Section 5, and (d) Mortgage I insurance premiums, if any.
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called “Escrow Items. At origination or at any
time during the term of the Loan, Lender may require that Communit y Associ tion Dues, Fees, and
ssments, if any, be escrowed by Borrower, and such dues, fees and as: ments shall be an Escrow Item.
A
Borrower shall promptly furnish to Lender all notess tices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items un! Lender waives Borrower’s obligation to pay the Funds
: ve Borrower's obligation to pay to Lender Funds for any or all
for any or all Escrow Items. Lender may wai
Escrow Items at any time. Any such waiver may only b e 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 pa} yment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Len der may require, Borrawer' 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
If Borrower is obligated w pay
Instrument, as the phrase “covenant and agreement’ is used in Section the9. amount due for an Escrow Item,
Escrow lems directly, pursuant to a waiver, and Borrower fails to pay
such amount and Borrower shall then be obligated
Lender may exercise its rights under Section 9 and payLender
under Section 9 to repay to Lender any such amount. may revoke the waiver as to any or all Escrow
Ttems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
Section 3.
pay to Lender all Funds, and in such amounts, that are then required under thi ent to permit Lender to apply
Lender may, at any time, collect and hol id Funds (b)in not
an amount (a) su!
to exceed the maximum amount a lender can
the Funds at the time specified under RESPA, and
basis of current data and
require unde: 1 RESPA. Lender shall estimate the amount o! ff Funds due
in
on the
accordanc e with Applicable Law.
reasonable estimates of expenditures of future Escror w Items or otherwise
insured by a federal agency, instrumentality.
‘The Funds shall be held in an institution whose deposits are
in any Federal Home
or entity (including Lender, if Lender is an institution whose deposits are so insured) or
to pay the Es crow Items no later than the ime specified under
Loan Bank. Lender shall apply the Funds annually analyzing the
RESPA. Lender shall not charge Borrower for holding Lender and applying the Funds,
escrow account, r verifying the Escrow Items, unless 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. Borro’ wer and Lender can agree in writing, however, that interest
shall be paid on the
without charge, an annus al accounting of the Fundsrequired by
as
Funds. Lender shall give to Borrower,
RESPA.
sniniats: SAH Form 3010 1/04
ZED, (FL) (0008).0 Page Sot 16
CFN 965769 OR BK 2734 PG 3981
a oe
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the cx 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 than pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower 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 sccured 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 impositionsor
attributable to the Property which can atiain priority over this Security Instrument, leaschold payments
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the mannerthis provided in Section 3.
Borrower shall promptly discharge any lien which has priority over 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 Borrow: or performing such agreement: (b) contests the lien in good faith by, or
defends against enforcement of the licn in, legal proceedings which in Lender’s opinion operate arew prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings concluded;
or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. f Lender determines that any part of the Property is subject to a lien whichcan auain
priority over this Security Instrument, Lender may give Borrower a notice identifying the licn. Within 10
days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions set forth above in this Section 4.
Lender may require Borrower to pay a one: © charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property In: urance. Borrower shall keep the improvements now existing or hereafter and erected on the
Property insured against loss by fire, hazards included within the term “extended coverage,” any other
Preview
Filing # 190923107 E-Filed 01/31/2024 11:23:48 AM IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR WALTON COUNTY, FLORIDA CIVIL DIVISION PNC Bank, National Association Case #: Plaintiff, -VS.- A. Wayne Williamson as Personal Representative of the Estate of David Halverstadt a/k/a David Andrews Halverstadt a/k/a David A. Halverstadt; Barbara Hornby Halverstadt a/k/a Barbara H. Halverstadt a/k/a Barbara Halverstadt a/k/a Barbara Ann Hornby; Raymond Craig Endicott as Successor Co- Trustee of the Halverstadt/Endicott Family Trust; Charlotte Mabry as Successor Co- Trustee of the Halverstadt/Endicott Family Trust; Raymond Craig Endicott as Beneficiary of the Halverstadt/Endicott Family Trust; Raymond Craig Endicott; Unknown Heirs, Devisees, Grantees, Assignees, Creditors, Lienors, and Trustees of Hugh Fleece Halverstadt a/k/a Hugh F. Halverstadt, Deceased, and All Other Persons Claiming by and Through, Under, Against The Named Defendant (s); Unknown Spouse of Barbara Homby Halverstadt a/k/a Barbara H. Halverstadt a/k/a Barbara Halverstadt a/k/a Barbara Ann Hornby; Unknown Spouse of Raymond Craig Endicott; Unknown Parties in Possession #1, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s); Unknown Parties in Possession #2, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) Defendant(s). VERIFIED COMPLAINT TO FORECLOSE MORTGAGE Plaintiff, PNC Bank, National Association, sues the Defendant(s) and states: Page 1 of6 Electronically Filed Walton Case # 24000049CAAXMX 01/31/2024 10:23:48 AM 1 This is an action to foreclose a mortgage on real property located in Walton County, Florida, and by reason thereof the venue for this matter is in Walton County, Florida. 2. Borrower(s) David Halverstadt (Deceased) executed and delivered a Promissory Note (“Note”) dated September 11, 2006 and David Halverstadt (Deceased) executed a first Mortgage (“Mortgage”) dated September 11, 2006 securing payment of the Note to the payee named thereon. The Mortgage was recorded in Official Records Book 2734, at Page 3976, of the Public Records of Walton County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor(s). True and correct copies of said Note and Mortgage, are attached hereto as Exhibit "A" and Exhibit "B" respectively. 3 Plaintiffis in physical possession of the original Note, an exact copy of which is attached hereto as Exhibit “A”, and by virtue of being in possession of such original Note, is the holder of that Note. 4 Effective November 6, 2009, National City Bank merged with and into PNC Bank, National Association. Upon its merger with National City Bank, PNC Bank, National Association acquired custody of the Note. 5 The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in interest. 6. Defendants, A. Wayne Williamson as Personal Representative of the Estate of David Halverstadt a/k/a David Andrews Halverstadt a/k/a David A. Halverstadt, Barbara Hornby Halverstadt a/k/a Barbara H. Halverstadt a/k/a Barbara Halverstadt a/k/a Barbara Ann Hornby, Raymond Craig Endicott as Successor Co-Trustee of the Halverstadv/Endicott Family Trust, Charlotte Mabry as Successor Co-Trustee of the Halverstadt/Endicott Family Trust, Raymond Page 2 of6 Craig Endicott as Beneficiary of the Halverstad/Endicott Family Trust, Raymond Craig Endicott and Unknown Heirs, Devisees, Grantees, Assignees, Creditors, Lienors, and Trustees of Hugh Fleece Halverstadt a/k/a Hugh F. Halverstadt, Deceased, and Al] Other Persons Claiming by and Through, Under, Against The Named Defendant (s), are the current owners of the real property which is the subject of the Mortgage. 7 All conditions precedent to the acceleration of the Note and Mortgage and the filing of the instant foreclosure complaint have been fulfilled. 8 There has been a default in the payment of the amounts due under the Note and Mortgage in that the payment due for August 1, 2023 and all subsequent payments have not been made. 9. Plaintiff declares the full amount payable under the Note and Mortgage to be due and payable. 10. ‘There is now due and owing the principal sum of $54,593.78, together with all interest and sums that may be due for taxes, insurance, escrow advances, and expenses and costs of suit including but not limited to filing fees, recording fees, title search and examination fees, fees due for service of process and such other costs as may be allowed by the Court. ll. Plaintiff is obligated to pay plaintiff's attorney a reasonable fee for their services and seeks an award of attorney's fees. Plaintiff is entitled to recover its attorneys’ fees under the Note and Mortgage. 12. That the Defendant, Barbara Hormby Halverstadt a/k/a Barbara H. Halverstadt a/k/a Barbara Halverstadt a/k/a Barbara Ann Hornby, might have some claim or demand in the subject property by virtue ofa Deed which Lacks Marital Status, recorded in Official Records Book 2729, Page 1939 of the Public Records of Walton County, Florida, and all other rights, Page 3 of 6 claims, liens, interest, encumbrances and equities. either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 13, That the Defendant, Unknown Spouse of Barbara Homby Halverstadt a/k/a Barbara H. Halverstadt a/k/a Barbara Halverstadt a/k/a Barbara Ann Hornby, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 14. That the Defendant, Unknown Spouse of Raymond Craig Endicott, might have some claim or demand in the subject property by virtue of a spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 15. That the Defendant, Unknown Parties in Possession #1, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage. 16. That the Defendant, Unknown Parties in Possession #2, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as. Page 4 of 6 Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage. WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs and for attorneys' fees, and respectfully requests that the court enter a Final Judgment: (a) enumerating all amounts the court determines due to Plaintiff pursuant to said Note and Mortgage, (b) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or in part; (c) 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 be forever barred and foreclosed; (d) retaining jurisdiction of the court in this action to make any and all further orders and judgments as may be necessary and proper, including issuance of a writ of possession, to determine the amount of assessments due pursuant to sections 718.116 or 720.3085 and the entry of a deficiency, only when and if such (this space intentionally left blank) Page 5 of6 deficiency is sought; and, (e) for such other and further relief as the court may deem just and proper. FLA. R. CIV. P. 1.110(b) VERIFICATION Under penalty of perjury, 1 declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. This they of a any 2004 by Signature Printed Name: Katherine Mary Oravec Title: PNC Bank, National Association *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's counsel hereby designates its primary email address for the purposes of email service as: FLeService@logs.com* LOGS LEGAL GROUP LLP Attorneys for Plaintiff 750 Park of Commerce Blvd., Suite 130 Boca Raton, Florida 33487 Telephone: (561) 998-6700 Ext. 66821 Fax: (561) 998-6707 For Email Service Only: FLeService@logs.com For al] other inquiries: jhooper@logs.com /s/Lara Diskin By: FL Bar # 43811 for Jessica A. Hooper, Esq. FL Bar # 1018064 Pursuant to the Fair Debt Collection Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. 23-330387 FCO] NCM Page 6 of 6 Exhibit “cA” NOTE September 11, 2006 [Date} [City] [State] 1569 N COUNTY HWY 393, SANTA ROSA BEACH, Florida 32459 {Property Address} 1. BORROWER’S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 92,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is National City Mortgage a division of National City Bank I will make all payments under this Note in the form of cash, check or money order. J understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.” 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.875 %. 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 Note. 3. PAYMENTS (A) Time and Place of Payments 1 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 on November 1st 2006 . Ewill make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note, Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on October 1 2036 , 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 National City Mortgage Co. P QO Box 17677, Baltimore, MD 21297-1677 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 604.38 4. 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 thatI am doing so. 1 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 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. FLORIDA FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT aa BD -SNFL) 10005) Form 3210 1/01 VMP MORTGAGE FORMS - (800)521-7291 Page 1 of 3 Initials: DLE . ’ . 5. 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 joan 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. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 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 5.00 % of my overdue payment of principal and interest, I will pay this late charge promptly but only once on each late payment, (B) Default If 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 thatI owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I 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 to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if ] am given a notice of that different address, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations 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. 9. WAIVERS I 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. Form 3210 1/01 D,-SNEFL) (0005) Page 2 of 3 Initials: « ' 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note 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: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is nota natural person and a beneficial interest in Borrower is sold or transferred) 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. 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. 11, DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED Dia Velbon (Seal) (Seal) DAVID HALVERSTADT -Borrower -Borrower a (Seal) (Seal) -Borrower -Borrower peor TO THE ORDER - “a a OF (Seal) eur (Seal) pay TO THE -Borrower SUBSIDIARYeet OF TH a9 ao Borrower L ‘witHQuy RAL. oo TRECOU! NAT) AL CITY L CITY BANK Hage cary, BSIDIARY OF SAGER - qatar oe (Seal) — 9A REE EE et Sealy orrower Borrower TS TERRIE ROG! ADMINIS TRATOR LOAN REVIEW {Sign Original Only} SD. ~5N(FL) (0005) Pago3 of 3 Form 3210 1/01 Exhibit .°R”’ CEFN # 965769, OR BK 2734 Page 3976, Recorded 09/18/2006 at 11:58 AM, MARTHA INGLE , WALTON COUNTY CLERK OF COURT DOC STMP-M: $322.00 INT TAX: $184.00 Deputy Clerk T WARD Return To: NationalLink = 400 Corporatio! Aliquippa, PA 15001 1.888.422.7911 This document was Brepared by: ENNIFER MOH National City Bank P.O. Box 8800 Dayton, OH 45401-8800 [Space Above This Line For Recording, Duta) jpeg — MORTGAGE DEFINITIONS Words used in multiple sectior s of this doct ent 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 September 11, 2006 together with all Riders to this document. (B) "Borrower" i: - DAVID HALVERSTADT UN mec’ S 19G Couns Borrower is the mortgagor undes ‘his HRY, BAA Instrument. Banta Raa Reach el (C) "Lender" is National City Mortgage a division of DAUSYT National City Bank lender a National Banking Association organized and existing under the laws of United States FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 @, 6(FL) (0005).01 Page 1 of 16 inti Dttt- VMP MORTGAGE FORMS - (800)521-729) CFN 965769 OR BK 2734 PG 3977 — Lender's address is 3232 Newmark Drive, Miamisburg, OH 45342 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated September 11, 2006 ‘The Note states that Borrower owes Lender NINETY TWO THOUSAND & 00/100 Dotlars 92,000.00) Plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 20 () "Property" means the property that is described below under the heading “Transfer of Rights in the Property.” (F) "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. (G) "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] [_) Adjustable Rate Rider [_} Condominium Rider [2] second Home Rider Balloon Rider Planned Unit Development Rider [__] 1-4 Family Rider CJ va Rider Biweckly Payment Rider Other(s) [specify] (HD “Applicable Law" means all controlling applicable federal, state and focal statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable inal, non-appealable judicial opinions. @ "Community Asso ition Dues, Fees, and Assessments" means all dues, fees, as: ments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or imilar organization. (J) "Electronic Funds Transfer" means any wansfer of funds, other than a wansaction 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 transfe1 . automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance procceds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Propert it) 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 (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, pl Gi) any amounts under Section 3 of this Security Instrument, initiate: DA ZzD; 6(FL) (0005).01 Page 2of 16 Form 3010 04 CFN 965769 OR BK 2734 PG 3978 (O) "RESPA" mcans the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 ct 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 quali 'y as a "federally related mortgage loan” under RESPA. (P) "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 Sccurity 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 Sccurity Instrument and the Note. For this purpose, Borrower docs hereby mortgage, grant and convey to Lender, the following described property located in the County [Type of Recording Jurisdiction] of walton [Name of Recording Jurisdiction]: LEGAL IS ATTACHED Parcel ID Number: 222820331200460050 which currently has the address of 1569 N COUNTY Hwy 393, [Street] ‘A ROSA BEACH (City, Florida 32459 [Zip Code} ("Property Address" y: TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, 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.” GZ, 6(FL) (0005).01 Page dot 16 Form 3010 1/04 CFN 965769 OR BK 2734 PG 3979 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 ited variations by juri fiction to constitute 4 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 duc the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of i scheduled duc datc, then Lender need not pa’ interest on unapplied funds. Lender may hold such unapp! 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 carlicr, 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 sccured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal duc under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, tie payment may be applicd to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, cach payment can be paid in iniats: O4t ZD,-6(FL) (0005).01 Paged of 16 Form 3010 1/01 CFN 965769 OR BK 2734 PG 3980 full. To the extent that any excess exists after the payment is ap plied to the full payment of one or more prepayments shal! be Periodic Payments, such excess may be applied w any late charges due. Voluntary applied first to any prepayment t charges and then as described in the Note.s Proceeds to principal due under the ‘Any application of payments, insurance proceeds, or Miscellancou: the Periodic Payments. Note shall not extend or postpone the due date, or change the amount, theof day Periodic Payments are due under 3. Funds for Escrow Items. Borrower shall pay to Lent der on for payment of amounts due for: (a) the Note, until the Note is paid in full, a sum (the "Funds' ") to provide this Sccurity Instrument as a lien or taxes and assessments and other items which can attain priority over on the Property, if any; (c) premium: encumbrance on the Property; (b) leasehold payments or ground rents for any and all insurance required by Lender under Section 5, and (d) Mortgage I insurance premiums, if any. or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow Items. At origination or at any time during the term of the Loan, Lender may require that Communit y Associ tion Dues, Fees, and ssments, if any, be escrowed by Borrower, and such dues, fees and as: ments shall be an Escrow Item. A Borrower shall promptly furnish to Lender all notess tices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items un! Lender waives Borrower’s obligation to pay the Funds : ve Borrower's obligation to pay to Lender Funds for any or all for any or all Escrow Items. Lender may wai Escrow Items at any time. Any such waiver may only b e 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 pa} yment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Len der may require, Borrawer' 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 If Borrower is obligated w pay Instrument, as the phrase “covenant and agreement’ is used in Section the9. amount due for an Escrow Item, Escrow lems directly, pursuant to a waiver, and Borrower fails to pay such amount and Borrower shall then be obligated Lender may exercise its rights under Section 9 and payLender under Section 9 to repay to Lender any such amount. may revoke the waiver as to any or all Escrow Ttems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall Section 3. pay to Lender all Funds, and in such amounts, that are then required under thi ent to permit Lender to apply Lender may, at any time, collect and hol id Funds (b)in not an amount (a) su! to exceed the maximum amount a lender can the Funds at the time specified under RESPA, and basis of current data and require unde: 1 RESPA. Lender shall estimate the amount o! ff Funds due in on the accordanc e with Applicable Law. reasonable estimates of expenditures of future Escror w Items or otherwise insured by a federal agency, instrumentality. ‘The Funds shall be held in an institution whose deposits are in any Federal Home or entity (including Lender, if Lender is an institution whose deposits are so insured) or to pay the Es crow Items no later than the ime specified under Loan Bank. Lender shall apply the Funds annually analyzing the RESPA. Lender shall not charge Borrower for holding Lender and applying the Funds, escrow account, r verifying the Escrow Items, unless 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. Borro’ wer and Lender can agree in writing, however, that interest shall be paid on the without charge, an annus al accounting of the Fundsrequired by as Funds. Lender shall give to Borrower, RESPA. sniniats: SAH Form 3010 1/04 ZED, (FL) (0008).0 Page Sot 16 CFN 965769 OR BK 2734 PG 3981 a oe If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the cx 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 than pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower 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 sccured 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 impositionsor attributable to the Property which can atiain priority over this Security Instrument, leaschold payments ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the mannerthis provided in Section 3. Borrower shall promptly discharge any lien which has priority over 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 Borrow: or performing such agreement: (b) contests the lien in good faith by, or defends against enforcement of the licn in, legal proceedings which in Lender’s opinion operate arew prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. f Lender determines that any part of the Property is subject to a lien whichcan auain priority over this Security Instrument, Lender may give Borrower a notice identifying the licn. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one: © charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property In: urance. Borrower shall keep the improvements now existing or hereafter and erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” any other