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Filing # 193022235 E-Filed 02/29/2024 01:09:53 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CASE NO.
MIDFLORIDA CREDIT UNION,
Plaintiff,
vs.
GUY LARRY JURGENS; UNKNOWN SPOUSE OF GUY LARRY JURGENS;
TENANT #1; TENANT #2; THE ESTATE OF BARBARA F. JURGENS A/K/A
BARBARA K. JURGENS; THE UNKNOWN PERSONAL REPRESENTATIVE
OF THE ESTATE OF BARBARA F. JURGENS A/K/A BARBARA K.
JURGENS; THE UNKNOWN HEIRS OF THE ESTATE OF BARBARA F.
JURDENS A/K/A BARBARA K. JURGENS; AND ANY AND ALL
UNKNOWN PARTIES CLAIMING BY, THROUGH, AND UNDER, AND
AGAINST THE HEREIN-NAMED DEFENDANTS WHO ARE NOT KNOWN
TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY
CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR
OTHER CLAIMANTS,
Defendants.
CERTIFICATION OF POSSESSION OF
ORIGINAL PROMISSORY NOTES
The undersigned hereby certifies:
1 That Plaintiff is in possession of the original promissory notes upon which this
action is brought.
2 The location of the original promissory notes is: The Sanoba Law Firm, 422 South
Florida Ave, Lakeland, Florida 33801.
3 The name and title of the person giving the certification is: Richard Haggins, Chief
of Collections with MIDFLORIDA CREDIT UNION.
4 The name and address of the person who personally verified such possession is:
Richard Haggins, Chief of Collections with MIDFLORIDA CREDIT UNION, 205 South Florida
Avenue, Lakeland, Florida 33801.
5 The time and date on which possession was verified were: 8:50 a.m., February 28,
2024.
Electronically Filed Marion Case # 24CA000415AX 02/29/2024 01:09:53 PM
6. Correct copies of the notes (and if applicable, all endorsements,
transfers, allonges,
or assignments of the note) are attached to this certification.
7
I give this statement based on my personal knowledge.
“Under penalty of perjury, I declare that I have read the foregoing, and the
facts alleged therein
are true and correct.”
Executed on February 2é > 2024
MIDFLORIDA CREDIT UNION
LS they
Printed Name: Richard’ Hagfids
Chief of Collections
STATE OF FLORIDA
COUNTY OF POLK
‘The foregoing instrument was sworn to or affirmed and subscribed before me ph —
this
day of February, 2024, by Richard Haggins as Chief of Collections
with MIDFLORIDA Credit
Union, who is personally known to me. By means of [X] physical
presence or online
notarization.
PROMISSORY NOTE
‘Community Bank
st
of Marion County \h
Borrower: Guy “Larry Jurgens Lender:
Ocala Main Office
arbara K. Jurgens
10711 SE 70th Avenue P.O. Box 1570
Belleview, FL 34420 Ocala, FL 34478 nero
Principal Amount: $97,878.02 Date of Note: December 2, 2003
PROMISE TO PAY. | ("Borrower") jointly and severally promise to pay to Community Bank Eight of Marion County (" \der"), oF order, in tawful
money of the United States of America, the principal amount ‘of Ninety-seven Thousand Hundred Seventy-eight & 02/100 Dollars
($97,878.02), ‘together with interest on the unpaid principal balance from December 8, ‘2003, until paid in full. The interest rate will not increase
PAYMENT. Subject to any payment changes resultins 1g from payments changes in the Index, I will pay this loan in accordance with the following payment
schedule: 60 monthly consecutive principal and interest in the initial amount of $602.95 each, beginning January 8, 2004, with
interest calculated on the unpaid principal balances at an interest rate of 6.250% per annum;calculated 299 monthly consecutive ipal and interest
payments in the i ial amount of $494.36 each, beginning January 8, 2009, with interest on the unpaid principal balances at an
interest rate based on the Weekly average yield on U.S. Treasury securities, adjusted to‘anda constant maturity of 1 year (currently 1.300%), plus
‘a margin of 2.875 percentage points, resulting in an initial interest rate of 4.235%; one principal and interest payment of $492.07 on
December 8, 2033, with interest calcul lated on the unpaid principal balances ‘at an Interest rate based on the Weekly average yield on U.S.
Treasury securities, adjusted to a constant Maturity of 1 year (currently 1.300%), plus a margin of 2.875 percentage points, resulting in an
initial interest rate of 4.235%. Thi estimated final payment is based on the assumption that all payments will be made exactly as scheduled
and that the index does not change; the actual final payment will be for byall applicable principal and accrued interest not id, together with any other
unpaid amounts under this Note. Unless paid otherwise agreed or required law, payments will be applied first to any accrued unpaid
interest; then to principal; then to any uny collection costs; and then to any late char 5 . Interest on this Note is computed on a 365/365
simple interest basis; that is, by applying ‘the ratio of the annual interest rate over the number of 1 days in a year, multiplied by the outstanding
principat balance, multiplied by the actual number of days the principal balance is outstanding. will pay Lender at Lender's address shown
‘above or at such other place as Lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note ed is subject to change from time to time based on changes in an independent index which
is the Weekly average yield on U.S. Treasury securities, adjust to a constant maturity of 1 loan, year (the “Index"). ‘The Index is not necessarily the lowest
rate charged by Lender on its loans. ifthe Index becomes unavail lable during the term of this will not Lender may designate a substitute index after notice
tome. Lender will tell me the current I index rate upon my request. The interest rate change occur more often than each year. | understand that
Lender may make loans based on other rates as well. ‘The Index currentlyis 1.300% per annum. The interest rate or rates to be applied to the
unpaid principal balance of this ‘Note will be the rate or rates set forth herein in the “Payment” ‘section. Notwithstanding any other provision of
this Note, after the first payment stream, the interest rate for ‘each subsequent payment stream will be effective as of the last payment date of
the just-ending payment stream. ‘Notwithstanding the foregoing, the variable interest rate or rates provided for in this Note will be subject to
the following maximum rate. NOTI ICE: Under no circumstances will the effective rate of applicable interest on this Note be more th an (except for any higher
default rate shown below) the lesser of '12.250% per annum or the maximum rate allowed by law. Notwithstanding the above provisions, the
maximum increase or decrease in the interest rate at any one timefollowing: on this loan will not exceed 2.000 percentage points. Whenever increases occur in
the interest rate, Lender, at its option, may do one or more of the (A) increase my payments to ensure my loan will pay off by its original final
maturity date, (B) increase my payments to cover accruing interest, (C) Increase the number of my payments, and (D) continue my payments at the
‘same amount and increase my final payment.
PREPAYMENT. | agree that all loan fees and other prepaid finance charges are eamed fully as of the dateExcept of the loan and will not be refunded to me
upon early payment (whether voluntary or as a result ‘of default), except as otherwise required by law. for the foregoing, | may pay without
penalty all or a portion of the amount owed earlier than itis due. Early payments will not, unlessreduce agreed to by Lender in writing, relieve me of ry
obligation to continue to make payments under the payment payments schedule, Rather, early payments will the principal balance due and may result in
my making fewer payments. | agree not to send Lender marked * in full ut recourse", of similar language. If | send such a
payment, Lender may accept it without losing any of Lend fers rights under this Note, and | will remain obligated to pay any further amount owed to
Lender. "All written communice ations conceming disputed amounts, including any check oror limitations other pay instrument incicates that the payment
constitutes " in ful’ of the amount owed or that is tendered with other conditions or as full satisfaction of a disputed amount must
be mailed or delivered to: Community Bank of Marion County, Ocala Main Office, P. O. Box 1570, Ocala, Fl. $4478.
LATE CHARGE. Ifa payment is 16 days or more late, | will be charged 5.000% of the regularly scheduled payment or $25.00, whichever is
greater,
INTEREST AFTER DEFAULT. Upon default, including failure to pay uponandfinalto the maturity, Lender, at its option, may, if permitted under applicable law,
increase the variable interest rate on this Note to 18.000% per annum, if extent that jorease does not cause the interest rate to exceed
the maximum rate permitted by applicable law.
DEFAULT. | will be in default under this Note if any of the following happen:
Payment Default. | fall to make any payment when due under this Note.
Break Other Promises. | break any promise made to Lender or fail to perform promptiy at the time and strictly in the manner provided in this
Note or in any agreement related to this Note, or in any other agreement or loan | have with Lender,
False Statements. Any representation or statement made or furnished made to Lender by me or on my behalf under this Note or the related documents
is false or misleading in any material respect, either now or at the time or furnished.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver ismeappointed for any part of my property; 1 make an assignment for the
benefit of creditors; or any proceeding is commenced either by me or against under any bankruptcy or insolvency laws.
‘Taking of the Property. Any creditor or agency tries to take any of the property or any other of myfaithproperty in which Lender has a
lien. This includes taking ot, garnishing of or levying on my ‘accounts with jer. However, if| dispute in good whether the claim on which
the taking of the property is based is valid or reasonable, and if give Lender written notice of the claim and furnish Lender with monies or a surety
bond satisfactory to Lenderto satisfy the claim, then this default provision will not apply.
Defective Collateralization. This Note or any of the related documents ceases to be in full fore 2 and effect (including failure of any collateral
document to create a valid and perfected security interest or lien) at any time and for any reason.
Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial
damage or destruction is not covered by insurance.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any
of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity
of, oF liability under, any guaranty of the indebtedness evidenced by this Note.
Insecurity. Lender in good faith believes itself insecure.
interest immediately
LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid
due, and then | will pay that amount,
pay someone else to help collect this Note if | do not pay. | will payand Lender the amount of these
ATTORNEYS’ FEES; EXPENSES. Lender may hire orlimits under appl licable taw, Lender's reasonable attomeys' fees Lender's legal expenses
‘costs and expenses, which includes, subject to any to modify or
‘whether or not there is a lawsuit, including reasonable attoreys' fees an 3d legal expenses for bankruptcy proceedings (including efforts to all other sums
vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, 1 also will pay any court costs, in addition
provided by law.
URY WAIVER. Lender and | hereby waive the rightto any jury trial in any action, proceeding, or counterclaim brought by either Lender or me
‘against the other.
This
GOVERNING LAW. This Note will be governed by and interpreted in accordance with federal law and the laws of the State of Florida.
Note has been accepted by Lender in the State of Florida.
RIGHT OF SETOFF. To the extent permitted byall applicable law, Lender reserves fright of setoff in all my accounts‘openwith in Lender (whether checking,
This includes accounts | hold jointly with someone else and all accounts | may the future. However, this
savings, or some otther IRAaccount). or Keogh accounts, or any trust accounts for which ‘setoff would be prohibited by law. | authorize Lender, to the extent
does not include any ‘on the indebted iness against any and all such accounts, and, at Lender's option, to
permitted by applicable law, to charge or setoff all sums owing
administratively freeze all such accounts to allow Lenderto proter ct Lender's charge and setoff rights provided in this paragraph.
GARNISHMENT. | consent to the issuance of a continuingor writ of gamishment or attachment against my disposable eamings, in accordance with
Section 222.11, Florida Statutes, in order to satisfy, in whole in part, any money judgment entered in favor of Lender.
PROMISSORY NOTE
(Continued) Page 2
COLLATERAL. | acknowledge this Note is secured by Mortgage dated February 11, 1999ineqrgaygjed recorded in Official Records Book 2608, page 121 0.n the
Public Records of Marion County, Florida, all the terms and conditions ofyshich arg hereby and made a part ofthis Note.
RIOR NOTE. This Note is a renewal of a Promissory Note dated: Loan # RE-700085, with an original principal balance of
$60,000.00, and a present principal balance of $58,878.02, together with ar rease of $39,000.00 for a total indebtednessof $97,8
Borrower represents and warrants to the Lender that prior to Borrower's execution ofdirectly this Note, Borrower has
Independently conducted a diligent sé ‘earch and inquiry to determine the existence of any facts or circumstances which may, or indirectly, give
rise to any defenses of the payment ‘of this Note or the Initial Notes, any right of set-off or off-setsetoffs, to the amounts due under this Note or the Initial
Notes; or any claims or counter-claims against the Lender; and there are no such defenses, off-sets or counter-claims of any nature
whatsoever.
SUCCESSOR INTERESTS. ‘The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns,
‘and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WEreporting REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your acoount(s) to a consumer agency. Your writen notice describing the specifi turacy(ies) should be sent to us at
the following address: Community Bank of Marion County a Florida banking corporation 6998 North U.S. Highway 27 Suite 110 Ocala, FL 34482
GENERAL PROVISIONS. ff any part of this Note cannot be enforced, this fact will not affect the rest of the Note. I do not agree or intend to pay, and
Lender does not agree or intend to for, charge, collect, take, reserve or receive (collectively referred to herein as “charge or collect"), any
loan, which would in any way or event (including demand, prepayment, or acceleration)
‘amount in the nature of interest or in the nature of a fee for thismaximum
‘cause Lender to charge or collect more for this loan than the Lender would be permitted to charge or collect by federal law or the law of the
State of Florida (as applicable). Any such e xcess interest or unat uuthorized fee shall, instead of anything stated to the contrary,enforcing be applied first to reduce
any of its rights
‘the principal balance of this loan, and when ttthe principal has been paid in full, be refunded to me. Lender may delay or forgo
‘or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law,
waive presentment, demand for payment, and netic .e of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in
rantor, accommodation maker or endorser, shall be released from liability. All such parties
writing, no party who signs this Note, whether as maker,
agree that Lender may renew or extend (repeat edly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to
realize upon or perfect Lender's security inter in the collateral. All such parties also agree that Lender may modity this loan without the consent of or
notice to anyone other than the party with whor ym the modification is made. The obligations under this Note are joint and several. This means that the
words "I", "me", and "my" mean each and all of the persons signing below.
PRIOR TO SIGNING THIS NOTE, |, AND EACH OF US, READ AND UNDERSTOOD ALL OFTHETHE PROVISIONS OF THIS NOTE, INCLUDING THE
VARIABLE INTEREST RATE PROVISIONS. |, AND EACH OF US, AGREE TO THE TERMS NOTE.
1 ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
BORROWE Wy
ws s
A x es
“Si es ey urges Veh k Saechs
I g
Florida Documentary Stamp Tax
Florida documentary stamp tax in the amount required by law has been paid with respect to this Note on the
Mortgage and Modification of Mortgage secu g this Note.
TEGnFO ic Wo TELS Cop aT ea Sms he BH igh CRLALTE TE PREIRE
* as modified by a modification of mortgage dated December 2, 2003, all
x 6 fhe
Guy Marry Jurgens”
Dla. KCuicpe
Barbara K. Jurgens()
Re-signed as to changes dated as 7 fo, 200 Y.
MIDFLORIDA Credit Union
P.O. Box 8008
Lakeland, FL 33802
(HomEquity
NMLS/ _FL_LICENSE ID _417627 LOAN AGREEMENT - MORTGAGE LOAN
DATE OF LOAN LOAN MATURITY DATE LOAN
ID NUMBER FILE NUMBER LOAN ORIGINATOR NAME AND NMLS/ FL LICENSE ID_ ‘MEMBER ACCOUNT NUMBER
8/5/2022 8/15/2032 134457325 Kristin Schlonski 949722 730510
‘BORROWER'S NAME AND ADDRESS: BORROWER'S DATE OF BIRTH
10711 SE 70th AVE
Guy Larry Jurgens 2/4/1970
Belleview, FL 34420
‘CO-BORROWER'S NAME AND ADDRESS. ‘CO-BORROWER'S DATE OF BIRTH
Barbara Faye Jurgens 7345 SE 105th Pl 2/1/1938
Belleview, FL 34420
‘CO-BORROWER'S NAME AND ADDRESS, ‘CO-BORROWER'S DATE OF BIRTH
(CO-BORROWER'S NAME AND ADDRESS, ‘CO-BORROWER'S DATE OF BIRTH
In this agreement, the words "I," "me," "my" and "mine" mean all those named as borrowers. The words "you," "your" and "yours" mean the Credit Union. The term "Security
Instrument" means the mortgage, deed of trust, or security deed, whichever is applicable, that secures this Loan Agreement ("Agreement"). "Closing Disclosure" means the
Closing Disclosure required by federal law that was provided to you at loan closing, which is hereby incorporated by reference as if fully set forth herein.
The following Terms and Conditions, together with the Closing Disclosure, shall collectively be referred to as "Loan Agreement" or "Agreement
LAGREE TO THE FOLLOWING TERMS AND CONDITIONS:
CLOSING DISCLOSURE:
I agree to all of the terms, conditions, and disclosures in the Closing Disclosure.
PAYMENTS,
FINANCE CHARGES and FEES:
MY PAYMENT SCHEDULE IS AS FOLLOWS:
NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTS ARE DUE
9 300.56 9/15/2022
1 299.34 8/15/2032
If have elected to purchase optional credit insurance or debt protection, the above payment includes the monthly cost for this coverage.
Prepayment: Prepayment of this loan is governed as follows:
Ci There
prepayment
is no penalty and I do not have to reimburse you for closing costs, I may prepay all or any amount under this Agreement without penalty.
1 There is no prepayment penalty, but | will have to reimburse you for the third-party closing costs vou paid in the amount of $325.50___ if I pay the loan in full within 36
months of the loan date. You may take this amount from my shares and deposits with the Credit Union, or add it to my outstanding balance, unless other payment
arrangements are made. If added to my balance, this amount becomes secured by my Security Instrument, and your lien will not be extinguished or the Security Instrument
released until all amounts are paid in full
OO There
prepayment
is a penalty. If I pay this loan in full within ‘months of the loan date, I will have to pay a fee of $ ‘You may add this fee to my loan
balance, take this fee from my savings or checking account, or I may pay this fee in any other manner acceptable to you. If added to my balance, this amount becomes
secured by my Security Instrument, and your lien will not be extinguished or the Security Instrument released until all amounts are paid in full
1 Balloon Payment. If checked, I have elected a balloon payment feature on my loan. This means that my minimum monthly payment will not fully repay the loan in equal
installments, and I will be required to pay the entire outstanding balance in one lump sum on the final payment date, as described in the Closing Disclosure and the Payment
Schedule section on page |
I further understand and acknowledge that you are under no obligation to refinance the balloon payment when it becomes due. I will be required to make the payment out
of my own assets, or find another lender (which may be you), willing to lend me the money. If I refinance the balloon, I may have to pay closing costs normally associated
with a new loan.
7508 LASER IMM F82654 Rev 10-2019 page | of 7 COPYRIGHT 2014 Seourian Financial Group, Inc, All rights reserved,
oo
BORROWER DATE OF LOAN. LOAN ID NUMBER MEMBER ACCOUNT NUMBER
Guy Larry Jurgens 8/5/2022 134457325 730510
Allocation of Payments and Additional Payments: Payments and credits shall be applied in the following order: any amounts past due; any fees or charges owing, including
any fees or premiums for additional products purchased; accrued interest or finance charges; outstanding principal. Payments made in addition to regularly scheduled payments
shall be applied in the same order,
Partial Payments: Partial payments shall be processed as disclosed on page 4 of the Closing Disclosure,
Irregular Payments: You may accept late payments or partial payments, even though marked "payment in full," without losing any of your rights under this agreement,
Late Charges: If I make a late payment, I agree to pay the late charge disclosed on my Closing Disclosure.
Finance Charges: My total Finance Charge and Total of Payments are disclosed to me on page 5 of the Closing Disclosure. These amounts assume that all installment
payments will be made on the scheduled due dates. IfT fail to pay any installment by the time it is due, I will pay additional interest on the overdue amount.
Loan Charges: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be
collected in connection with this Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. You may choose to make this refund by reducing the Principal | owe
under this Agreement or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
PROMISE
TO PAY: For value received, I promise to pay, at your office, all amounts due. All payments shall be made pursuant to the Closing Disclosure and this Agreement.
PROPERTY INSURANCE: I must obtain insurance on the property covered by the Security Instrument in an amount satisfactory to you. I may obtain property insurance
from anyone that is acceptable to you. I will supply you with proof of such insurance until all sums owed to you and secured by this property are repaid. If I fail to maintain
insurance you may, subject to applicable law, purchase insurance to protect your interest and add the cost of such insurance to the sums I owe. If insurance benefits do not pay
the outstanding balance in full, I will remain liable for any unpaid balance.
SECURITY INTEREST IN MY HOME:
Incorporation of Security Instrument: Each and every term, covenant and provision contained in the Security Instrument securing this Agreement signed by me on the same
date as this Agreement is, by this reference, incorporated into this Agreement as if fully set forth in the Agreement.
Immediate Payment in Full: In addition to the protections given you under this Agreement, a Security Instrument, dated the same as this Agreement, protects you from
possible losses which might result if I do not keep the promises I make in this Agreement. That Security Instrument describes how and under what conditions I may be required
to make immediate payment in full of all amounts that I owe under this Agreement.
‘Transfer of the Security Property: My Security Instrument contains restrictions on my ability to sell, convey, transfer or assign the Property without your prior written
consent. If I fail to comply with those restrictions, I may be in default and you may require immediate payment in full, foreclose on the Property, or take any and all action
allowed under this Agreement, the Security Instrument, or applicable law. You will, however, follow all applicable state laws and will provide me with any notices required.
DEFAULT
AND COLLECTION Costs:
Default: If the Wisconsin Consumer Act applies to this loan, the following provision applies: Upon default, the entire balance of this Agreement shall be immediately due and
payable, subject only to any right to notice and opportunity to cure which may exist under Wis. Stat. Section 425.105, A default shall occur when (a) there is a default in
payment as herein defined; or (b) I fail to observe any other covenant set forth in this Agreement or in any agreement securing this Agreement, or I die or my spouse dies,
ceases to exist, changes marital status, or changes marital domicile, or becomes insolvent or subject to a bankruptcy, receivership, or other insolvency proceeding if that failure,
act or occurrence materially impairs the condition, value, or protection of the your right in any collateral securing this Agreement or materially impairs my ability to pay the
amounts due under this Agreement. Except as otherwise provided by Wis. Stat. 425.103(2), or by rule of the Administrator of the Wisconsin Consumer Act, a default in
payment means (I) if the interval between scheduled payments is 2 months or less, to have outstanding an amount exceeding one full payment which has remained tnpaid for
more than 10 days after the scheduled or deferred due dates, or the failure to pay the first payment or the last payment within 40 days of its scheduled or deferred due date; or
(2) if the interval between scheduled payments is more than 2 months, to have all or any part of one scheduled payment unpaid for more than 60 days after its scheduled or
deferred due date, For purposes of this provision, the amount outstanding shall not include any delinquency charges and shall be computed by applying each payment first to
the installment most delinquent and then to subsequent installments in the order they come due. I may repay this loan, in whole or in part, at any time, without penalty for
prepayment. In the event of default, I shall pay all reasonable costs incurred by Credit Union in collecting the amounts due hereunder, to the extent permitted by Wis. Stat.
422.413.
If the Wisconsin Consumer Act does not apply to my loan, the following provision applies: Subject to applicable State law, shall be considered in default if any of the
following occur: (1) If I break any promise made under this Agreement or under the Security Instrument; or (2) if I do not use the money you loaned me for the purpose stated
in my application; or (3) if you should, in good faith, believe that prospect of payment, performance or realization of the collateral, if any, is impaired; or (4) if I die; or (5) if I
file a petition in bankruptcy, insolvency, or receivership or am put involuntarily into such proceedings; or (6) if the collateral, if any, given as security for this loan is lost,
damaged or destroyed, or if it is levied against, attached or garnished; or (7) if I do not pay on time any of my other or future debts to you. If I default, you may, at your option
and after proper notice if required by applicable state law, declare this loan immediately due and payable, and T must immediately pay the total unpaid balance, as well as the
Finance Charge to date, any late charges and costs ofcollection permitted under law, including reasonable attorneys’ fees.
If | am in default, you may send me a written notice if required by applicable law telling me that if I do not pay the overdue amount by a certain date, you may require me to
pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. Even if, at a time when I am in default, you do not require
me to pay immediately in full as described above, you will still have the right to do so if | am in default at a later time.
7508 LASER IMM P82654 Rev 10-2019 page 2 of 7 COPYRIGHT 2014 Securian Financial Group, Ine. AIK rights reserves.
f on
BORROWER DATE OF LOAN LOAN ID NUMBER MEMBER ACCOUNT NUMBER
Guy Larry Jurgens 8/5/2022 134457325, 730510
Collection Costs: I promise to pay, subject to any limits under applicable law, all costs of collecting the amount I owe under this Agreement. This includes but is not limited to
reasonable attorneys’ fees and court costs as well as legal expenses for any bankruptcy, appeals or post judgment proceedings.
Costs of collection include, but are not limited to, repossession fees, appraisals, environmental site assessments, casualty damage insurance coverage, and attorneys’ fees for
any action taken by an attomey in order to collect this loan or preserve or protect the Credit Union's rights and remedies, including, without limitation, pre-suit demands for
payment, pre-suit mediation or settlement negotiations, investigation and assessment of the Credit Unions' rights, participation in bankauptcy cases, matters, and proceedings
(including, without limitation, filing proofs of claim, pursuing reaffirmation agreements, attending meetings of creditors, and pursuing complaints, motions, and objections that
relate in any way to the Credit Union's collateral or right to payment), collateral disposition, non-bankruptcy suits and/or administrative actions, and appeals. The principal
balance in default shall bear interest at the contract rate. For Alabama borrowers: attorneys' fees after default shall not exceed 15% of the unpaid debt, or such higher amount
asa court may allow. For Georgia borrowers: attorneys' fees shall not exceed 15% of principal and accrued interest, or such higher amount as a court may allow,
OTHER LEGAL PROVISIONS:
Co-borrowers: If am signing this Agreement as a co-borrower, I agree to be equally responsible with the borrower, but you may sue either or both of us. You do not have to
notify me that this Agreement has not been paid. You may extend the terms of payment and release any security without notifying or releasing me from responsibility on this
Agreement.
Borrower Responsibility: | promise to notify you of any change in my name, address or employment. I promise not to apply for a loan if | know there is a reasonable
probability that I will be unable to repay my obligation according to the terms of the credit extension. I promise to inform you of any new information which relates to my
ability to repay my obligation. I promise not to submit false or inaccurate information or willfully conceal information regarding my creditworthiness, credit standing, or credit
capacity.
Delay In Enforcement: You may delay enforcing any of your rights under this Agreement without losing them.
How Notices Will Be Sent: All notices required to be given under the Agreement or under the Security Instrument, will be sent to my property address shown on the Closing
Disclosure and in the security section of the Security Instrument. Notice will be mailed to me at a different address if 1 give you written notice of a different address.
Waivers: I and any other person who has obligations under this Agreement waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require
the lender to demand payment of amounts due. "Notice of Dishonor" means the right to require the lender to give notice to other persons that amounts due have not been paid.
Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the State in which the Credit Union's headquarters are located.
STATE NOTICES:
The following provisions apply depending on which state I live in:
ALASKA:
To the extent set forth in this Agreement and any Rider hereto (a) am personally obligated and fully liable for all amounts due under this Agreement, and (b) you have the
right to sue on this Agreement and obtain a personal judgment against me for satisfaction of all amounts due under this Agreement either before or after a judicial foreclosure,
under Alaska Statutes sections 09.45.170 through 09.45.20, of the Security Instrument which secured this Agreement,
CALIFORNIA:
Use of DMV Records: By signing this Agreement, I specifically agree that the Credit Union may access the records of the California Department of Motor Vehicles from time
to time to obtain my current mailing address, and by so agreeing, I am specifically waiving my rights under sections 1808.21 and 1808.22 of the California Vehicle Code.
Notice of Right to Receive Copy of Appraisal Report: Upon request, I may obtain a copy of the property appraisal report ("Report") which the Credit Union may obtain in
connection with its underwriting requirements and my application for a loan secured by real property. The written request must be received by MidFlorida Credit Union
("Credit Union") within 90 days of the credit decision. I will send my request to: MidFlorida Credit Union, P.O. Box 8008, Lakeland, FL 33802. I understand and agree that the
Report will not be generated by the Credit Union, but rather by an independent appraiser. To this extent, the Credit Union does not make any express warranties or guarantees
as to the report and the Credit Union specifically disclaims any implied warranties including warranties of merchantability or fitness for a particular purpose. I agree that the
Credit Union is not responsible for any cause of action or claim based upon the contents of the Report, the Credit Union's reasonable reliance on the Report, or its subsequent
use by me or any third party. I understand and agree that release of a copy of the Report is conditioned upon payment by me to the Credit Union of the actual cost of the report.
‘Transferof the Property: Subject to applicable law, Credit Union shall have the right to accelerate, that is, to demand immediate payment in full of all sums secured by my
Mortgage or Deed of Trust, if Borrower, without the written consent of Credit Union, sells or transfers all or part of the Property or any rights in the Property.
COLORADO:
The dollar amount of the Finance Charge disclosed on the Closing Disclosure is based on my payment being received on the date payments are due. If my payments are
received after the due date, even if received before the date a late fee applies, 1 may owe additional and substantial money at the end of the loan and there may be little or no.
reduction of principal. This is due to the accrual of daily interest until a payment is received.
FLORIDA:
The state documentary tax due on this Agreement has been paid on the Security Instrument securing this indebtedness.
GEORGIA:
This is an instrument under seal.
7508 LASER IMM F82654 Rev 10-2019 page 3 of 7 COPYRIGHT 2014 Securian Financial Group, Inc. All rights reserved.
BORROWER DATE OF LOAN LOAN ID NUMBER MEMBER ACCOUNT NUMBER
Guy Larry Jurgens 8/5/2022 134457325 30510
IOWA:
NOTICE TO CONSUMER:
a, [SHOULD NOT SIGN THIS BEFORE I READ IT.
b, [AM ENTITLED TO A COPY OF THIS PAPER.
c. IMAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY AND MAY BE ENTITLED TO RECEIVE A REFUND OF UNEARNED CHARGES,
IN ACCORDANCE WITH LAW,
MISSOURL
Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises
to extend or renew such debt are not enforceable. To protect me (borrower) and you (creditor) from misunderstanding or
disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive
statement of the agreement between us, except as we may later agree in writing to modify it.
NEW HAMPSHIRE:
Pursuant to New Hampshire Revised Statutes Annotated section 361-C:2, in the event that I shall prevail in (a) any action, suit or proceeding, brought by you, or (b) an action
brought by me, reasonable attorneys! fees shall be awarded to me, Further, if I shall successfully assert a partial defense of set-off, recoupment or counterclaim to an action
brought by you, a court may withhold from you the entire amount or such portion of its attorneys fees as the court shall consider equitable.
UTAH:
‘This written agreement is a final expression of the agreement between Borrower and the Credit Union. This written agreement may not be contradicted by evidence of any
alleged oral agreement.
VERMONT:
NOTICE TO CO-BORROWER: MY SIGNATURE ON THIS LOAN MEANS THAT I AM EQUALLY LIABLE FOR
REPAYMENT OF THE LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT
FROM ME,
‘WISCONSIN:
No provision of a marital property agreement, a unilateral agreement under Wis. Stat. Section 766.59, or a court decree under Wis. Stat. Section
766.70 adversely affects the interest of the Credit Union unless prior to the time the credit is extended, the Credit Union is furnished with a copy of the agreement or statement,
or has actual knowledge of the adverse provision when the obligation to the Credit Union is incurred.
Wisconsin Consumer Act: If my loan is $25,000 or less, the Wisconsin Consumer Act (Wisconsin Statutes Chapters 421 through 427 or as may be renumbered from time to
time) applies to my loan. If my loan is more than $25,000, the Wisconsin Consumer Act does not apply. Certain provisions contained in this Loan Agreement/Agreement
Agreement’) shall apply only to loans to which the Wisconsin Consumer Act applies, and shall be noted as such. All other provisions shall apply to all loans regardless of
Joan amount.
LOAN SIGNATURES
1 agree that the terms and conditions in the Closing Disclosure, this Agreement, and the Security Instrument shall apply to this loan, If there is more than one borrower, we
agree that all the conditions of the Loan Agreement and Security Instrument governing this loan shall a
Preview
Filing # 193022235 E-Filed 02/29/2024 01:09:53 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA CASE NO. MIDFLORIDA CREDIT UNION, Plaintiff, vs. GUY LARRY JURGENS; UNKNOWN SPOUSE OF GUY LARRY JURGENS; TENANT #1; TENANT #2; THE ESTATE OF BARBARA F. JURGENS A/K/A BARBARA K. JURGENS; THE UNKNOWN PERSONAL REPRESENTATIVE OF THE ESTATE OF BARBARA F. JURGENS A/K/A BARBARA K. JURGENS; THE UNKNOWN HEIRS OF THE ESTATE OF BARBARA F. JURDENS A/K/A BARBARA K. JURGENS; AND ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, AND UNDER, AND AGAINST THE HEREIN-NAMED DEFENDANTS WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS, Defendants. CERTIFICATION OF POSSESSION OF ORIGINAL PROMISSORY NOTES The undersigned hereby certifies: 1 That Plaintiff is in possession of the original promissory notes upon which this action is brought. 2 The location of the original promissory notes is: The Sanoba Law Firm, 422 South Florida Ave, Lakeland, Florida 33801. 3 The name and title of the person giving the certification is: Richard Haggins, Chief of Collections with MIDFLORIDA CREDIT UNION. 4 The name and address of the person who personally verified such possession is: Richard Haggins, Chief of Collections with MIDFLORIDA CREDIT UNION, 205 South Florida Avenue, Lakeland, Florida 33801. 5 The time and date on which possession was verified were: 8:50 a.m., February 28, 2024. Electronically Filed Marion Case # 24CA000415AX 02/29/2024 01:09:53 PM 6. Correct copies of the notes (and if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification. 7 I give this statement based on my personal knowledge. “Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct.” Executed on February 2é > 2024 MIDFLORIDA CREDIT UNION LS they Printed Name: Richard’ Hagfids Chief of Collections STATE OF FLORIDA COUNTY OF POLK ‘The foregoing instrument was sworn to or affirmed and subscribed before me ph — this day of February, 2024, by Richard Haggins as Chief of Collections with MIDFLORIDA Credit Union, who is personally known to me. By means of [X] physical presence or online notarization. PROMISSORY NOTE ‘Community Bank st of Marion County \h Borrower: Guy “Larry Jurgens Lender: Ocala Main Office arbara K. Jurgens 10711 SE 70th Avenue P.O. Box 1570 Belleview, FL 34420 Ocala, FL 34478 nero Principal Amount: $97,878.02 Date of Note: December 2, 2003 PROMISE TO PAY. | ("Borrower") jointly and severally promise to pay to Community Bank Eight of Marion County (" \der"), oF order, in tawful money of the United States of America, the principal amount ‘of Ninety-seven Thousand Hundred Seventy-eight & 02/100 Dollars ($97,878.02), ‘together with interest on the unpaid principal balance from December 8, ‘2003, until paid in full. The interest rate will not increase PAYMENT. Subject to any payment changes resultins 1g from payments changes in the Index, I will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest in the initial amount of $602.95 each, beginning January 8, 2004, with interest calculated on the unpaid principal balances at an interest rate of 6.250% per annum;calculated 299 monthly consecutive ipal and interest payments in the i ial amount of $494.36 each, beginning January 8, 2009, with interest on the unpaid principal balances at an interest rate based on the Weekly average yield on U.S. Treasury securities, adjusted to‘anda constant maturity of 1 year (currently 1.300%), plus ‘a margin of 2.875 percentage points, resulting in an initial interest rate of 4.235%; one principal and interest payment of $492.07 on December 8, 2033, with interest calcul lated on the unpaid principal balances ‘at an Interest rate based on the Weekly average yield on U.S. Treasury securities, adjusted to a constant Maturity of 1 year (currently 1.300%), plus a margin of 2.875 percentage points, resulting in an initial interest rate of 4.235%. Thi estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the index does not change; the actual final payment will be for byall applicable principal and accrued interest not id, together with any other unpaid amounts under this Note. Unless paid otherwise agreed or required law, payments will be applied first to any accrued unpaid interest; then to principal; then to any uny collection costs; and then to any late char 5 . Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying ‘the ratio of the annual interest rate over the number of 1 days in a year, multiplied by the outstanding principat balance, multiplied by the actual number of days the principal balance is outstanding. will pay Lender at Lender's address shown ‘above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note ed is subject to change from time to time based on changes in an independent index which is the Weekly average yield on U.S. Treasury securities, adjust to a constant maturity of 1 loan, year (the “Index"). ‘The Index is not necessarily the lowest rate charged by Lender on its loans. ifthe Index becomes unavail lable during the term of this will not Lender may designate a substitute index after notice tome. Lender will tell me the current I index rate upon my request. The interest rate change occur more often than each year. | understand that Lender may make loans based on other rates as well. ‘The Index currentlyis 1.300% per annum. The interest rate or rates to be applied to the unpaid principal balance of this ‘Note will be the rate or rates set forth herein in the “Payment” ‘section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for ‘each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. ‘Notwithstanding the foregoing, the variable interest rate or rates provided for in this Note will be subject to the following maximum rate. NOTI ICE: Under no circumstances will the effective rate of applicable interest on this Note be more th an (except for any higher default rate shown below) the lesser of '12.250% per annum or the maximum rate allowed by law. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one timefollowing: on this loan will not exceed 2.000 percentage points. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the (A) increase my payments to ensure my loan will pay off by its original final maturity date, (B) increase my payments to cover accruing interest, (C) Increase the number of my payments, and (D) continue my payments at the ‘same amount and increase my final payment. PREPAYMENT. | agree that all loan fees and other prepaid finance charges are eamed fully as of the dateExcept of the loan and will not be refunded to me upon early payment (whether voluntary or as a result ‘of default), except as otherwise required by law. for the foregoing, | may pay without penalty all or a portion of the amount owed earlier than itis due. Early payments will not, unlessreduce agreed to by Lender in writing, relieve me of ry obligation to continue to make payments under the payment payments schedule, Rather, early payments will the principal balance due and may result in my making fewer payments. | agree not to send Lender marked * in full ut recourse", of similar language. If | send such a payment, Lender may accept it without losing any of Lend fers rights under this Note, and | will remain obligated to pay any further amount owed to Lender. "All written communice ations conceming disputed amounts, including any check oror limitations other pay instrument incicates that the payment constitutes " in ful’ of the amount owed or that is tendered with other conditions or as full satisfaction of a disputed amount must be mailed or delivered to: Community Bank of Marion County, Ocala Main Office, P. O. Box 1570, Ocala, Fl. $4478. LATE CHARGE. Ifa payment is 16 days or more late, | will be charged 5.000% of the regularly scheduled payment or $25.00, whichever is greater, INTEREST AFTER DEFAULT. Upon default, including failure to pay uponandfinalto the maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 18.000% per annum, if extent that jorease does not cause the interest rate to exceed the maximum rate permitted by applicable law. DEFAULT. | will be in default under this Note if any of the following happen: Payment Default. | fall to make any payment when due under this Note. Break Other Promises. | break any promise made to Lender or fail to perform promptiy at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan | have with Lender, False Statements. Any representation or statement made or furnished made to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver ismeappointed for any part of my property; 1 make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against under any bankruptcy or insolvency laws. ‘Taking of the Property. Any creditor or agency tries to take any of the property or any other of myfaithproperty in which Lender has a lien. This includes taking ot, garnishing of or levying on my ‘accounts with jer. However, if| dispute in good whether the claim on which the taking of the property is based is valid or reasonable, and if give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lenderto satisfy the claim, then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full fore 2 and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, oF liability under, any guaranty of the indebtedness evidenced by this Note. Insecurity. Lender in good faith believes itself insecure. interest immediately LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid due, and then | will pay that amount, pay someone else to help collect this Note if | do not pay. | will payand Lender the amount of these ATTORNEYS’ FEES; EXPENSES. Lender may hire orlimits under appl licable taw, Lender's reasonable attomeys' fees Lender's legal expenses ‘costs and expenses, which includes, subject to any to modify or ‘whether or not there is a lawsuit, including reasonable attoreys' fees an 3d legal expenses for bankruptcy proceedings (including efforts to all other sums vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, 1 also will pay any court costs, in addition provided by law. URY WAIVER. Lender and | hereby waive the rightto any jury trial in any action, proceeding, or counterclaim brought by either Lender or me ‘against the other. This GOVERNING LAW. This Note will be governed by and interpreted in accordance with federal law and the laws of the State of Florida. Note has been accepted by Lender in the State of Florida. RIGHT OF SETOFF. To the extent permitted byall applicable law, Lender reserves fright of setoff in all my accounts‘openwith in Lender (whether checking, This includes accounts | hold jointly with someone else and all accounts | may the future. However, this savings, or some otther IRAaccount). or Keogh accounts, or any trust accounts for which ‘setoff would be prohibited by law. | authorize Lender, to the extent does not include any ‘on the indebted iness against any and all such accounts, and, at Lender's option, to permitted by applicable law, to charge or setoff all sums owing administratively freeze all such accounts to allow Lenderto proter ct Lender's charge and setoff rights provided in this paragraph. GARNISHMENT. | consent to the issuance of a continuingor writ of gamishment or attachment against my disposable eamings, in accordance with Section 222.11, Florida Statutes, in order to satisfy, in whole in part, any money judgment entered in favor of Lender. PROMISSORY NOTE (Continued) Page 2 COLLATERAL. | acknowledge this Note is secured by Mortgage dated February 11, 1999ineqrgaygjed recorded in Official Records Book 2608, page 121 0.n the Public Records of Marion County, Florida, all the terms and conditions ofyshich arg hereby and made a part ofthis Note. RIOR NOTE. This Note is a renewal of a Promissory Note dated: Loan # RE-700085, with an original principal balance of $60,000.00, and a present principal balance of $58,878.02, together with ar rease of $39,000.00 for a total indebtednessof $97,8 Borrower represents and warrants to the Lender that prior to Borrower's execution ofdirectly this Note, Borrower has Independently conducted a diligent sé ‘earch and inquiry to determine the existence of any facts or circumstances which may, or indirectly, give rise to any defenses of the payment ‘of this Note or the Initial Notes, any right of set-off or off-setsetoffs, to the amounts due under this Note or the Initial Notes; or any claims or counter-claims against the Lender; and there are no such defenses, off-sets or counter-claims of any nature whatsoever. SUCCESSOR INTERESTS. ‘The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, ‘and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WEreporting REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your acoount(s) to a consumer agency. Your writen notice describing the specifi turacy(ies) should be sent to us at the following address: Community Bank of Marion County a Florida banking corporation 6998 North U.S. Highway 27 Suite 110 Ocala, FL 34482 GENERAL PROVISIONS. ff any part of this Note cannot be enforced, this fact will not affect the rest of the Note. I do not agree or intend to pay, and Lender does not agree or intend to for, charge, collect, take, reserve or receive (collectively referred to herein as “charge or collect"), any loan, which would in any way or event (including demand, prepayment, or acceleration) ‘amount in the nature of interest or in the nature of a fee for thismaximum ‘cause Lender to charge or collect more for this loan than the Lender would be permitted to charge or collect by federal law or the law of the State of Florida (as applicable). Any such e xcess interest or unat uuthorized fee shall, instead of anything stated to the contrary,enforcing be applied first to reduce any of its rights ‘the principal balance of this loan, and when ttthe principal has been paid in full, be refunded to me. Lender may delay or forgo ‘or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and netic .e of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in rantor, accommodation maker or endorser, shall be released from liability. All such parties writing, no party who signs this Note, whether as maker, agree that Lender may renew or extend (repeat edly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security inter in the collateral. All such parties also agree that Lender may modity this loan without the consent of or notice to anyone other than the party with whor ym the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, |, AND EACH OF US, READ AND UNDERSTOOD ALL OFTHETHE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. |, AND EACH OF US, AGREE TO THE TERMS NOTE. 1 ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. BORROWE Wy ws s A x es “Si es ey urges Veh k Saechs I g Florida Documentary Stamp Tax Florida documentary stamp tax in the amount required by law has been paid with respect to this Note on the Mortgage and Modification of Mortgage secu g this Note. TEGnFO ic Wo TELS Cop aT ea Sms he BH igh CRLALTE TE PREIRE * as modified by a modification of mortgage dated December 2, 2003, all x 6 fhe Guy Marry Jurgens” Dla. KCuicpe Barbara K. Jurgens() Re-signed as to changes dated as 7 fo, 200 Y. MIDFLORIDA Credit Union P.O. Box 8008 Lakeland, FL 33802 (HomEquity NMLS/ _FL_LICENSE ID _417627 LOAN AGREEMENT - MORTGAGE LOAN DATE OF LOAN LOAN MATURITY DATE LOAN ID NUMBER FILE NUMBER LOAN ORIGINATOR NAME AND NMLS/ FL LICENSE ID_ ‘MEMBER ACCOUNT NUMBER 8/5/2022 8/15/2032 134457325 Kristin Schlonski 949722 730510 ‘BORROWER'S NAME AND ADDRESS: BORROWER'S DATE OF BIRTH 10711 SE 70th AVE Guy Larry Jurgens 2/4/1970 Belleview, FL 34420 ‘CO-BORROWER'S NAME AND ADDRESS. ‘CO-BORROWER'S DATE OF BIRTH Barbara Faye Jurgens 7345 SE 105th Pl 2/1/1938 Belleview, FL 34420 ‘CO-BORROWER'S NAME AND ADDRESS, ‘CO-BORROWER'S DATE OF BIRTH (CO-BORROWER'S NAME AND ADDRESS, ‘CO-BORROWER'S DATE OF BIRTH In this agreement, the words "I," "me," "my" and "mine" mean all those named as borrowers. The words "you," "your" and "yours" mean the Credit Union. The term "Security Instrument" means the mortgage, deed of trust, or security deed, whichever is applicable, that secures this Loan Agreement ("Agreement"). "Closing Disclosure" means the Closing Disclosure required by federal law that was provided to you at loan closing, which is hereby incorporated by reference as if fully set forth herein. The following Terms and Conditions, together with the Closing Disclosure, shall collectively be referred to as "Loan Agreement" or "Agreement LAGREE TO THE FOLLOWING TERMS AND CONDITIONS: CLOSING DISCLOSURE: I agree to all of the terms, conditions, and disclosures in the Closing Disclosure. PAYMENTS, FINANCE CHARGES and FEES: MY PAYMENT SCHEDULE IS AS FOLLOWS: NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTS ARE DUE 9 300.56 9/15/2022 1 299.34 8/15/2032 If have elected to purchase optional credit insurance or debt protection, the above payment includes the monthly cost for this coverage. Prepayment: Prepayment of this loan is governed as follows: Ci There prepayment is no penalty and I do not have to reimburse you for closing costs, I may prepay all or any amount under this Agreement without penalty. 1 There is no prepayment penalty, but | will have to reimburse you for the third-party closing costs vou paid in the amount of $325.50___ if I pay the loan in full within 36 months of the loan date. You may take this amount from my shares and deposits with the Credit Union, or add it to my outstanding balance, unless other payment arrangements are made. If added to my balance, this amount becomes secured by my Security Instrument, and your lien will not be extinguished or the Security Instrument released until all amounts are paid in full OO There prepayment is a penalty. If I pay this loan in full within ‘months of the loan date, I will have to pay a fee of $ ‘You may add this fee to my loan balance, take this fee from my savings or checking account, or I may pay this fee in any other manner acceptable to you. If added to my balance, this amount becomes secured by my Security Instrument, and your lien will not be extinguished or the Security Instrument released until all amounts are paid in full 1 Balloon Payment. If checked, I have elected a balloon payment feature on my loan. This means that my minimum monthly payment will not fully repay the loan in equal installments, and I will be required to pay the entire outstanding balance in one lump sum on the final payment date, as described in the Closing Disclosure and the Payment Schedule section on page | I further understand and acknowledge that you are under no obligation to refinance the balloon payment when it becomes due. I will be required to make the payment out of my own assets, or find another lender (which may be you), willing to lend me the money. If I refinance the balloon, I may have to pay closing costs normally associated with a new loan. 7508 LASER IMM F82654 Rev 10-2019 page | of 7 COPYRIGHT 2014 Seourian Financial Group, Inc, All rights reserved, oo BORROWER DATE OF LOAN. LOAN ID NUMBER MEMBER ACCOUNT NUMBER Guy Larry Jurgens 8/5/2022 134457325 730510 Allocation of Payments and Additional Payments: Payments and credits shall be applied in the following order: any amounts past due; any fees or charges owing, including any fees or premiums for additional products purchased; accrued interest or finance charges; outstanding principal. Payments made in addition to regularly scheduled payments shall be applied in the same order, Partial Payments: Partial payments shall be processed as disclosed on page 4 of the Closing Disclosure, Irregular Payments: You may accept late payments or partial payments, even though marked "payment in full," without losing any of your rights under this agreement, Late Charges: If I make a late payment, I agree to pay the late charge disclosed on my Closing Disclosure. Finance Charges: My total Finance Charge and Total of Payments are disclosed to me on page 5 of the Closing Disclosure. These amounts assume that all installment payments will be made on the scheduled due dates. IfT fail to pay any installment by the time it is due, I will pay additional interest on the overdue amount. Loan Charges: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. You may choose to make this refund by reducing the Principal | owe under this Agreement or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. PROMISE TO PAY: For value received, I promise to pay, at your office, all amounts due. All payments shall be made pursuant to the Closing Disclosure and this Agreement. PROPERTY INSURANCE: I must obtain insurance on the property covered by the Security Instrument in an amount satisfactory to you. I may obtain property insurance from anyone that is acceptable to you. I will supply you with proof of such insurance until all sums owed to you and secured by this property are repaid. If I fail to maintain insurance you may, subject to applicable law, purchase insurance to protect your interest and add the cost of such insurance to the sums I owe. If insurance benefits do not pay the outstanding balance in full, I will remain liable for any unpaid balance. SECURITY INTEREST IN MY HOME: Incorporation of Security Instrument: Each and every term, covenant and provision contained in the Security Instrument securing this Agreement signed by me on the same date as this Agreement is, by this reference, incorporated into this Agreement as if fully set forth in the Agreement. Immediate Payment in Full: In addition to the protections given you under this Agreement, a Security Instrument, dated the same as this Agreement, protects you from possible losses which might result if I do not keep the promises I make in this Agreement. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts that I owe under this Agreement. ‘Transfer of the Security Property: My Security Instrument contains restrictions on my ability to sell, convey, transfer or assign the Property without your prior written consent. If I fail to comply with those restrictions, I may be in default and you may require immediate payment in full, foreclose on the Property, or take any and all action allowed under this Agreement, the Security Instrument, or applicable law. You will, however, follow all applicable state laws and will provide me with any notices required. DEFAULT AND COLLECTION Costs: Default: If the Wisconsin Consumer Act applies to this loan, the following provision applies: Upon default, the entire balance of this Agreement shall be immediately due and payable, subject only to any right to notice and opportunity to cure which may exist under Wis. Stat. Section 425.105, A default shall occur when (a) there is a default in payment as herein defined; or (b) I fail to observe any other covenant set forth in this Agreement or in any agreement securing this Agreement, or I die or my spouse dies, ceases to exist, changes marital status, or changes marital domicile, or becomes insolvent or subject to a bankruptcy, receivership, or other insolvency proceeding if that failure, act or occurrence materially impairs the condition, value, or protection of the your right in any collateral securing this Agreement or materially impairs my ability to pay the amounts due under this Agreement. Except as otherwise provided by Wis. Stat. 425.103(2), or by rule of the Administrator of the Wisconsin Consumer Act, a default in payment means (I) if the interval between scheduled payments is 2 months or less, to have outstanding an amount exceeding one full payment which has remained tnpaid for more than 10 days after the scheduled or deferred due dates, or the failure to pay the first payment or the last payment within 40 days of its scheduled or deferred due date; or (2) if the interval between scheduled payments is more than 2 months, to have all or any part of one scheduled payment unpaid for more than 60 days after its scheduled or deferred due date, For purposes of this provision, the amount outstanding shall not include any delinquency charges and shall be computed by applying each payment first to the installment most delinquent and then to subsequent installments in the order they come due. I may repay this loan, in whole or in part, at any time, without penalty for prepayment. In the event of default, I shall pay all reasonable costs incurred by Credit Union in collecting the amounts due hereunder, to the extent permitted by Wis. Stat. 422.413. If the Wisconsin Consumer Act does not apply to my loan, the following provision applies: Subject to applicable State law, shall be considered in default if any of the following occur: (1) If I break any promise made under this Agreement or under the Security Instrument; or (2) if I do not use the money you loaned me for the purpose stated in my application; or (3) if you should, in good faith, believe that prospect of payment, performance or realization of the collateral, if any, is impaired; or (4) if I die; or (5) if I file a petition in bankruptcy, insolvency, or receivership or am put involuntarily into such proceedings; or (6) if the collateral, if any, given as security for this loan is lost, damaged or destroyed, or if it is levied against, attached or garnished; or (7) if I do not pay on time any of my other or future debts to you. If I default, you may, at your option and after proper notice if required by applicable state law, declare this loan immediately due and payable, and T must immediately pay the total unpaid balance, as well as the Finance Charge to date, any late charges and costs ofcollection permitted under law, including reasonable attorneys’ fees. If | am in default, you may send me a written notice if required by applicable law telling me that if I do not pay the overdue amount by a certain date, you may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. Even if, at a time when I am in default, you do not require me to pay immediately in full as described above, you will still have the right to do so if | am in default at a later time. 7508 LASER IMM P82654 Rev 10-2019 page 2 of 7 COPYRIGHT 2014 Securian Financial Group, Ine. AIK rights reserves. f on BORROWER DATE OF LOAN LOAN ID NUMBER MEMBER ACCOUNT NUMBER Guy Larry Jurgens 8/5/2022 134457325, 730510 Collection Costs: I promise to pay, subject to any limits under applicable law, all costs of collecting the amount I owe under this Agreement. This includes but is not limited to reasonable attorneys’ fees and court costs as well as legal expenses for any bankruptcy, appeals or post judgment proceedings. Costs of collection include, but are not limited to, repossession fees, appraisals, environmental site assessments, casualty damage insurance coverage, and attorneys’ fees for any action taken by an attomey in order to collect this loan or preserve or protect the Credit Union's rights and remedies, including, without limitation, pre-suit demands for payment, pre-suit mediation or settlement negotiations, investigation and assessment of the Credit Unions' rights, participation in bankauptcy cases, matters, and proceedings (including, without limitation, filing proofs of claim, pursuing reaffirmation agreements, attending meetings of creditors, and pursuing complaints, motions, and objections that relate in any way to the Credit Union's collateral or right to payment), collateral disposition, non-bankruptcy suits and/or administrative actions, and appeals. The principal balance in default shall bear interest at the contract rate. For Alabama borrowers: attorneys' fees after default shall not exceed 15% of the unpaid debt, or such higher amount asa court may allow. For Georgia borrowers: attorneys' fees shall not exceed 15% of principal and accrued interest, or such higher amount as a court may allow, OTHER LEGAL PROVISIONS: Co-borrowers: If am signing this Agreement as a co-borrower, I agree to be equally responsible with the borrower, but you may sue either or both of us. You do not have to notify me that this Agreement has not been paid. You may extend the terms of payment and release any security without notifying or releasing me from responsibility on this Agreement. Borrower Responsibility: | promise to notify you of any change in my name, address or employment. I promise not to apply for a loan if | know there is a reasonable probability that I will be unable to repay my obligation according to the terms of the credit extension. I promise to inform you of any new information which relates to my ability to repay my obligation. I promise not to submit false or inaccurate information or willfully conceal information regarding my creditworthiness, credit standing, or credit capacity. Delay In Enforcement: You may delay enforcing any of your rights under this Agreement without losing them. How Notices Will Be Sent: All notices required to be given under the Agreement or under the Security Instrument, will be sent to my property address shown on the Closing Disclosure and in the security section of the Security Instrument. Notice will be mailed to me at a different address if 1 give you written notice of a different address. Waivers: I and any other person who has obligations under this Agreement waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the lender to demand payment of amounts due. "Notice of Dishonor" means the right to require the lender to give notice to other persons that amounts due have not been paid. Governing Law: This Agreement shall be construed and enforced in accordance with the laws of the State in which the Credit Union's headquarters are located. STATE NOTICES: The following provisions apply depending on which state I live in: ALASKA: To the extent set forth in this Agreement and any Rider hereto (a) am personally obligated and fully liable for all amounts due under this Agreement, and (b) you have the right to sue on this Agreement and obtain a personal judgment against me for satisfaction of all amounts due under this Agreement either before or after a judicial foreclosure, under Alaska Statutes sections 09.45.170 through 09.45.20, of the Security Instrument which secured this Agreement, CALIFORNIA: Use of DMV Records: By signing this Agreement, I specifically agree that the Credit Union may access the records of the California Department of Motor Vehicles from time to time to obtain my current mailing address, and by so agreeing, I am specifically waiving my rights under sections 1808.21 and 1808.22 of the California Vehicle Code. Notice of Right to Receive Copy of Appraisal Report: Upon request, I may obtain a copy of the property appraisal report ("Report") which the Credit Union may obtain in connection with its underwriting requirements and my application for a loan secured by real property. The written request must be received by MidFlorida Credit Union ("Credit Union") within 90 days of the credit decision. I will send my request to: MidFlorida Credit Union, P.O. Box 8008, Lakeland, FL 33802. I understand and agree that the Report will not be generated by the Credit Union, but rather by an independent appraiser. To this extent, the Credit Union does not make any express warranties or guarantees as to the report and the Credit Union specifically disclaims any implied warranties including warranties of merchantability or fitness for a particular purpose. I agree that the Credit Union is not responsible for any cause of action or claim based upon the contents of the Report, the Credit Union's reasonable reliance on the Report, or its subsequent use by me or any third party. I understand and agree that release of a copy of the Report is conditioned upon payment by me to the Credit Union of the actual cost of the report. ‘Transferof the Property: Subject to applicable law, Credit Union shall have the right to accelerate, that is, to demand immediate payment in full of all sums secured by my Mortgage or Deed of Trust, if Borrower, without the written consent of Credit Union, sells or transfers all or part of the Property or any rights in the Property. COLORADO: The dollar amount of the Finance Charge disclosed on the Closing Disclosure is based on my payment being received on the date payments are due. If my payments are received after the due date, even if received before the date a late fee applies, 1 may owe additional and substantial money at the end of the loan and there may be little or no. reduction of principal. This is due to the accrual of daily interest until a payment is received. FLORIDA: The state documentary tax due on this Agreement has been paid on the Security Instrument securing this indebtedness. GEORGIA: This is an instrument under seal. 7508 LASER IMM F82654 Rev 10-2019 page 3 of 7 COPYRIGHT 2014 Securian Financial Group, Inc. All rights reserved. BORROWER DATE OF LOAN LOAN ID NUMBER MEMBER ACCOUNT NUMBER Guy Larry Jurgens 8/5/2022 134457325 30510 IOWA: NOTICE TO CONSUMER: a, [SHOULD NOT SIGN THIS BEFORE I READ IT. b, [AM ENTITLED TO A COPY OF THIS PAPER. c. IMAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY AND MAY BE ENTITLED TO RECEIVE A REFUND OF UNEARNED CHARGES, IN ACCORDANCE WITH LAW, MISSOURL Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect me (borrower) and you (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it. NEW HAMPSHIRE: Pursuant to New Hampshire Revised Statutes Annotated section 361-C:2, in the event that I shall prevail in (a) any action, suit or proceeding, brought by you, or (b) an action brought by me, reasonable attorneys! fees shall be awarded to me, Further, if I shall successfully assert a partial defense of set-off, recoupment or counterclaim to an action brought by you, a court may withhold from you the entire amount or such portion of its attorneys fees as the court shall consider equitable. UTAH: ‘This written agreement is a final expression of the agreement between Borrower and the Credit Union. This written agreement may not be contradicted by evidence of any alleged oral agreement. VERMONT: NOTICE TO CO-BORROWER: MY SIGNATURE ON THIS LOAN MEANS THAT I AM EQUALLY LIABLE FOR REPAYMENT OF THE LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM ME, ‘WISCONSIN: No provision of a marital property agreement, a unilateral agreement under Wis. Stat. Section 766.59, or a court decree under Wis. Stat. Section 766.70 adversely affects the interest of the Credit Union unless prior to the time the credit is extended, the Credit Union is furnished with a copy of the agreement or statement, or has actual knowledge of the adverse provision when the obligation to the Credit Union is incurred. Wisconsin Consumer Act: If my loan is $25,000 or less, the Wisconsin Consumer Act (Wisconsin Statutes Chapters 421 through 427 or as may be renumbered from time to time) applies to my loan. If my loan is more than $25,000, the Wisconsin Consumer Act does not apply. Certain provisions contained in this Loan Agreement/Agreement Agreement’) shall apply only to loans to which the Wisconsin Consumer Act applies, and shall be noted as such. All other provisions shall apply to all loans regardless of Joan amount. LOAN SIGNATURES 1 agree that the terms and conditions in the Closing Disclosure, this Agreement, and the Security Instrument shall apply to this loan, If there is more than one borrower, we agree that all the conditions of the Loan Agreement and Security Instrument governing this loan shall a