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Filing # 192517508 E-Filed 02/22/2024 12:52:22 PM
IN THE CIRCUIT COURT OF THE
9TH JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION:
CASE NO.: 2024 CA 000370
PENNYMAC LOAN SERVICES, LLC,
Plaintiff,
vs.
RICHARD S. POLWAH; ASSOCIATION
OF POINCIANA VILLAGES INC.;
POINCIANA VILLAGE ONE
ASSOCIATION, — INC.; JENEVA FE,
POLWAH A/K/A JENEVA POLWAH;
UNKNOWN TENANT IN POSSESSION
OF THE SUBJECT PROPERTY,
Defendants.
CERTIFICATION OF BUSINESS RECORDS
STATE OF (exas )
COUNTY OF Towa )
Griselda Bustos who, being of lawful age
BEFORE me, personally appeared
and after being first duly sworn, deposes and says:
1 Tai Authorized Representative of PENNYMAC LOAN SERVICES, LLC, the servicer of
the subject mortgage loan. In this capacity I have personal knowledge of the facts and
matters stated herein, and I am authorized to execute this Affidavit.
The information contained in this affidavit is contained in the original books and records
maintained by PENNYMAC LOAN SERVICES, LLC, and the records referenced or
summarized herein constitute records or data compilations ("the records") of transactions
("the Transactions") relating to the servicing of the mortgage loan at issue in this foreclosure
action.
The records were made at or near the indicated time based on information transmitted by, or
from a person with knowledge of the Transactions. The records are kept in the course of
PENNYMAC LOAN SERVICES, LLC regularly conducted business activity. It is the
regular Ce of PENNYMAC LOAN SERVICES, LLC to make these records. In the
24-00196
course of my regular job duties I have access to and am familiar with these records, and I
reviewed and relied upon these records in executing this Affidavit.
True and correct copies of records I have reviewed and relied upon in executing this
Affidavit are attached to this Affidavit and incorporated herein.
According to the records, prior to the filing of the Complaint, the Plaintiff was the
designated holder of the note, or otherwise authorized to enforce, the promissory note and
mortgage upon which this foreclosure action is based. A true and correct copy of the
original note is attached hereto.
According to the records, the borrower(s) have defaulted pursuant to the terms of the
promissory note and mortgage sued upon, by failing to tender the Plaintiff the required
payments when due.
The borrower(s) were sent a notice of default. A copy of this letter is attached hereto.
The default has not been cured and the Plaintiff has elected, in accordance with the terms of
the note and mortgage, to accelerate the payment of the entire principal sum, together with
accrued interest.
A true and correct copy of the borrower's payment history is attached hereto.
10 A true and correct copy of the business records showing the amounts due and owing is
attached hereto.
Under the penalties of perjury, J declare that I have read the foregoing Certification of Business
Records Affidavit, and the facts stated in it are true on t his 2-O day of Foon, 2024.
PennyMac Loan Services, LLC
Affiant Signature: | Yee,
Print Name: Griselda Bustos
Title: Authorized Representative
24-00196
EXHIBITA
PerinyMac Loan Services, LLC
Vv.
NEIL L POLWAH & RICHARD 5. POLWAH
State: California
County: Ventura
CERTIFICATION
Pursuant to Florida Statutes, § 702.015(4), under penalty of perjury, I, Irma Fuentes, Manager for
File Management, employed by PennyMac Loan Services, LLC.
Loan Number; rs
Borrower(s): NEIL I. POLWAH & RICHARD S. POLWAH
Date of Note: 5/24/2019
Original Principal Balance: $181649.00
Property Address: 649 N Delmonte Ct, KISSIMMEE ,FL 34758
PennyMac Loan Services, LLC is in possession of the original promissory note at issue in this
foreclosure action.
At the time of verification, the original promissory note was located at 6101 Condor Dr.
Moorpark, CA 93021
note
I personally verified PennyMac Loan Services, LLC's possession of the original promissory
on 12/4/2023 at 11:06:00 AM.
‘A tmue and correct copy of the promissory note is attached to this certificate as Exhibit A.
Signature: wo
Printed Name: Irma Fuentes
Title: Manager, File Management
Dated: __ 12/4/2023
”
NOTE
LOA!
MIN] A
(094-8424896-703-2038
mane / Altamonte riaete Florida
[State]
649 N Delmonte Court, Kissimmee,
FL 34758
» [Property Address]
1. BORROWER'S PROMISE TO PAY
In retum fora loan that | have received, | promise to pay U.S. $181,649.00 (this amount Is called “Principal’),
plus interest, to the order of the Lender. The Lenders The Mortgage Firm, inc., a Corporation.
1 will make all payments under this Note In the form of cash, check or money order.
1 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
at a yearly
Interest will be charged ‘on unpaid principal until the full amount of Principal has been paid. | will pay Interest
rate of
interest rate required by this Section 2 is the rate'l will pay both before and after any default described in Section
(8) of this Note,
3. PAYMENTS
(A) Time and Place of Payments
1 will pay principal and interest by making a payment every month.
{will make my monthly payment onthe ist day of each month beginning on July 1, 2019.
Iwill make these pay! mentsevery month until have pald all of the principal and Interest and any other charges anddescribed
below that | may owe under this Note: Each monthly payment will be applied as of its scheduled due date will be
applied to interest and any other items in the order described in the Security Instrument in before Principal, If, on
full on that date, which
dune 1, 2049, ‘owe amount Note, | will pay those amounts
under this s
Is called the “Maturity Date.”
1 will make my monthly paymentsat 921 Do ugias Avenue,
Altamor nte Springs,
FL 32714
or ata different place if required by the Note Holder.
{B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $906.95,
4, BORROWER'S RIGHT TO PREPAY
have the right to make payments of Pri incipal at any time before they are due. A paymentof so. Principal only is known
asa "Prepayment" When I make a Prepayment, | vill ell the Note Holder in writing that | am doing { may not designate
‘a payment as a Prepay under the Note.
if have not made all the monthly payments duePrepayment
may make a full nt or partial Prepayments without paying @ charge. The Note Holder will use
‘my Prepayment: 1s to reduce the amount of Principal that L owe under this Nott te, However, the Nofe Holder may apply my
Prepaymentto the accrued and unpald intereston the Prepayment amount, before applying my Prepaymentto reduce the
Principal amount of the Note. If! 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 wrriting to those changes.
5. LOANCI S
the Interestor
If law, which applies to this loan and which sets maximum loan charges, is finally Interpreted so thaten: (a) any such
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, the
Joan charge shall be reduced by’ ‘the amount necessary fo reduce the charge to the permitted limit; and (b) any sums already
this refund
collected from me whic! +h exceeded permitted limits will be refunded to me. The Note Holdermay choose to makePrincipal, the
the Principal | owe under this Note or by making a direct payment to me. Ifa refund reduces
by reducing
reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS eer
(A) Late Charge for Overdue P:
If the Note Holder has not receivedthe full amount of any monthly payment by the end of 15 calendar days atter
to the Note Holder. The amount of the charge will be 4.000 % of my overdue
the date it is due, | will pay a late char,
payment of pri and Interest. ! pay this late charge promptly but ‘only once on each late
Default
If 1 do not pay the full amount of each monthly payment on the date It is due, | will be In default,
(C) Notice of Default
‘sen
If tam in default, the Note Holder may d notice telling me that if! do not pay the hasoverdue
me a written amount by a
certain date, the Note Holder may require me to pay immediat the
ely full amount of Principal which not been paid and
Fred
FLORIDA FIXED RATE NOTE — Sinclo Family ~ Fannie Mae/Mac die
UNIFORMIN STRUMENT Form 3240 1/04
Modified for FHA Si15 (rev. 2/16) NT 0216
lie Mae, Inc. Page1 of 2
05/23/2019 12:12 PM PST
LOAN #|
‘ali the interest that | 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 | am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if! am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
if the Note Holder has required me to pay immediately in {ull as described above, the Note Holder will have the right
to be paid back by me for all ofits costs and expenses in enforcing this Note to the extent not prohibited by applicable law.
‘Those expenses include, for example, reasonable attomeys’ fees.
7. GIVING OF NOTIGES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if! give the
Note Holdera 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 it | am given a noticeof
that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Ifmore than one person signs this Note, each personis 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 obliga’ ted to do these things. Any person who takes over these obligations, including the obligations ofa guar-
antor, surety or endorser of this Note, is al so 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
J and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means
the right to require the Nole Holder to give notice to other persons that ‘amounts due have not been paid.
410. UNIFORM SECURED NOTE
given to
This Note is @ uniform instrument with limited variations in some jurisdictions. In addition to the protections
the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security notinstrument’), dafed the same
keep the promises which |
date as this Note, protects the Note Holder from possible losses which might result if | do
required to nvake immediate
make in this Note. That Security instrument describes how and under what conditions { may be
payme: .nt in full of all amounts | owe under this Note. Some of those conditions are described as follows: is not a
If all or any part of the Property or any interest in the Property Is sold or transferred (or if Borrower
and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
natural person
this option
Lender may require Immediate payment in full of all sums secured by-this ‘Security Instrument. However,
shall not be exercised by Lender if such exercise is pro! )hibited by Applicable Law.
notice shail provide
if Lender exercises this option, Lender shall give Borrower notice of acceleration. The
a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which
Borrower must pay ail sums secured by this Security Instrume nt. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by thi is Security Instrument without further
notice or demand on Borrower.
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
shel (Seal)
NEIL. POLWAH
os
Zz)
et a estou | T_{Seal)
RICHARD S. POLWAH
Lender:
i
Loan Ori
NMLS ID:
[Sign Original Only)
3240 4104
FLORIDA FIXED RATE NOTE ~ Single Family ~ Fannie Mae/Freddie Mac UNIFORMINSTRUMENT — Form
Modified for FHA 9/15 (tex. 2/16) FHASZOOFLNT 02716
Effie Mag, inc. Page 201 2
osrea2019 12:12 PPSt
ALLONGE
This Allonge is to be made a part of the Note
Date: 05/24/2019
Borrowers: Neil I]. Polwah
Richard S. Polwah
Property Address: 649 N Delmonte Court
Kissimmee FL 34758
Loan Number a
Loan Amount: $181,649.00
Interest Rate 4.375%
Maturity Date: 06/01/2049
Pay to the order of PennyMac Corporation without recourse.
By: Svtephanc.. estate pect: Lob
(94-SHERINEDEEY, SENIOR -VICE PRESIDENTS teplvante kdtepateic =f Rare opusesead
-
The Mortgage Firm, Inc., A Corporation
921 Douglas Avenue Ste. 200
Altamonte Springs, FL 32714
By First Federal Bank
as their Power of Attomey
TMFCXDOC
ALLONGE TO NOTE
PROPERTY ADDRESS: 649 N DELMONTE COURT, KISSIMMEE, FL 34758
PRINCIPAL BALANCE: $181649
BORROWER: NEIL | POLWAH
CO-BORROWER: RICHARD S POLWAH
PAY TO THE ORDER OF: PennyMac Loan Services, LLC
WITHOUT RECOURSE: PennyMac Corp.
BY inten Ss
TITLE: Rosemar Nisperos, Auiiotead Representative
ALLONGE TO NOTE
on
PROPERTY ADDRESS; 649 N DELMONTE COURT, KISSIMMEE, FL 34758
PRINCIPAL BALANCE: $181649
BORROWER: NEIL | POLWAH
CO-BORROWER: RICHARD S POLWAH
PAY TO THE ORDER OF:
WITHOUT RECOURSE: PennyMac Loan Services, LLC
BY S
TITLE: Rosemar Nisperos, sili Representative
EXHIBIT B
CA
recorded, return to:
‘The Alorigage Finn. tac.
Final Document ont
921 Douglzs Avenve, FLaa714
Attamonte Springs,
Tals document was prepared by:
The Firm, ine.
931 d0ug as Avenue, #
‘Springs,FL 32714
407-519-3476
- Space Above Tis Line fot Recording Dats)
Puaciese >
094.9424836
se
MORTGAGE
a:
JERS PHONE H: 1-888-670-0377
DEFINITIONS
Words defied in Sections3. 10, 12.17,
in multiple techons of thes document ave defined below and other arewordsutso areprovided
18 and 21. Certain let regarding the usage of wordswhichuseds inthis dousnent i Secton1
(A) “Security Instrument” means this document. dated May 24, 2019, together with at Reders,
{o thes document. AND RICHARD 8.
“Borrower”is NEIL L POLWAH AND JENEVA F. POLWAH, HUSBAND ANDWIFE.
POUWAH, A MARRIED HAN.
Borrower ts te mortgagor ‘andor tus Seeunly Instrument, 25 3
(©) “HERS” 5 Mortgage Electronic RegistrationandSystems. Inc. MERS is 0 separate corporation tt is act Inssolely
nominee for Lender and Lend jel Successors assigns. ERS Is the mortgagee. under this Security of P.O 89x2028.
MERS existing under tha Jawsof Delaware. and has an acdress and telepho ne
number
Pint MI 48503-2026.tel. (886) 579-MERS,
{0} “Lender”is The Mortgage Firm, tnc..
Lenders 9 6 oiganizad and exiting
under the laws of Florida. 32714
Lender's aderons 1s 921 Dougixe Aveniie, #200, Altamonts SprinFLgs.
{E) "Hote" means the rote, signed bp Garrow and ted ‘SIXMayHUNDRED
24,2019. “The Note 3
Berrower owes Len er OF HUM - oe DEN, Nae FORTY NINE AND NO/100"* **
oe * wees ‘Dollars (U.S, $185,649.00
Paymentsand lo pay the debtin fuBrnet tater
plus interest. Borrowet has promised to pay ts debt in regular Penodic:
shan June 1, 2049, enb under the
ed heading “Tronster ‘of Rights in the Property”
means tha property thatie detbelow
{G) “Loan” sieans the dept evidence: 13 by he Note. olus interes! and Lale charges due utdat i Note, and al sumedoa
(F) “Property”
‘under this Securdy fnstrument , plu aierest.
“Riders” mears al Reders to this Secu ity Insvument that sex executed by Borrower. The folowing Riders are 10 be
epphoablal:
xecuted by Borrower [check box as Cordomnium
‘Adjustable Rate River Ruder 4 Pionned Uni Development Rede
Others} [specty]
FLORAov Senta Frewy— anole MaeifredieMisc UNF OHM ENSTRUMENT Form zai SLERANSDE 316
eed FHA W204 OID Hace 4900.1 Page ef 10 CLS
Ere ve Ire ‘osay201
1232 PN PST
oh
AM RECEIPT 7
Recorded in Osceola ebay, FL ARMANDO RAMIREZ, CLERK OF COURT 05/31/2019 09:36:46
Rec Fees 112,00 MTG/DOC 635.95 INTANGIBL E 363.30 EXTRA NAMES
Amt nAdanTANE? OL EEA OF A7EDANE 406 49
When recorded, return to:
The Mortgage Firm, Inc.
Final Document Department
921 Douglas Avenue, #200
Altamonte Springs, FL 32714
This document was prepared by:
Sheri Nedley
The Mortgage Firm, Inc.
921 Douglas Avenue, #200
Altamonte Springs, FL 32714
407-539-3476
a {Space Above This Line for Recording Oatal
FHA Case No,
MORTGAGE )4-84248. 038
i
MERS PHONE #: 1-888-679-6377
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17,
this document are also
49 and 21. Certain rules regarding the usage of words usedis indated
provided in Section 15.
means this document, which together with all Riders
May 24, 2019,
(A) “Security Instrument”
to this document.
AND RICHARD S.
{B) “Borrower” is NEIL L. POLWAH AND JENEVA F. POLWAH, HUSBAND AND WIFE,
POLWAH, A MARRIED MAN.
Borrower is the mortgagor under this Security Instrument.
separate corporation thal is acting solely as a
(C) "MERS” is Mortgage Electronic Registration Systems, Inc,MERSMERSis theIs a mortgagee under this Security Instrument.
nominee for Lender and Lender's successors an‘ .d assigns.
telephone number of P.O, Box 2026,
MERS is organized and existing under the laws of Delaware, and has an address and
Flint, MI 48501-2026, tel. (888) 679-MERS.
{D) “Lender” is The Mortgage Firm, Inc...
Lender is a Corporation,
organized and existing
under the laws of Florida.
FL 32714
Lender's address is 921 Douglas Avenue, #200, Altamonte Springs,
(E) "Note" means the promissory note signed by BorrowerTHO!ai indUSAND
dated May 24, 2019. The Note states that
HUNDRED FORTY NINE AND NO/100" ***
Borrower owes Lender ONE HUNDRED EIGHTY ONEereuarerenerSIX
s
sananeereseeinancessenoeseneneaccvas * Dollars (U.S. $181,649.00
plus interest. Borrower has promised to pay this debt in regut: jar Periodic Paymenis and to pay the debt in full not later
than June 1, 2049.
() “Property” means the property that is describe . below under the heading “Transfer of Rights in the Property.”
charges due under the Note, and all sums due
(G) “Loan” means the debt evidenced by the Note, plus interest and late
under this Security instrument , plus interest.
by Borrower. The following Riders are to be
(H) “Riders” means all Riders to this Security Instrument that are executed
executed by Borrower [check bo! applicable]:
Adjustable Rate Rider Condominium Rider {xi Planned Unit Development Rider
Other(s) {specify}
FLORIDA - Single Family ~ Fannie Mac/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Modified for FHA 9/2014 (HUD Handbook 4000.1) FLEFHAISDE 0316
Stie Mae, Inc. Page 1 of 10 FLEDEED (CLS)
5/23/2019 12:12 PM PST
P pe
LOAN #} a
(I) “Applicable, Law” means all controlling applicable federal, state and local statutes, regulations, ordinances ant
administrative rules and orders (that have the effect of taw) as well as all applicable final, non-appealable judicial opinions.
() “Community Association Dues, Fees, and Assessments” meansall dues, fees, assessments and othercharges that
are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(K) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic:
tape so as to order, instruct, of authorize a financial institution to debit or credit an account. Such term includes, but is not
limited to, point-of-sale transfers, automated teller machine transactions. transfers inillated by telephone. wire transfers,
and automated clearinghouse transfers.
(L) “Escrow Items” means those items that are described in Section 3.
() “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insi urance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction
of, the Property: (i) condemnatian or other taking of all or any part af the Property: (i) conveyance in lieu of condemnation;
or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) “Morigage insurance” means insurance protecting Lender against the nonpayment of, or defaultunder on, the Loan,
(O) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest the Note, plus
{i any amounts under Section 3 of this Security Instrument.
(P) "RESPA” means the Real Estate Settlement ProceduresAct (12 U.S.C. §2601 et seq.) and its implementing regulation,
Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation
or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA refers to all requirements
and restrictions that are imposed in regard to a “federally related mortgage loan’ even if the Loan does not qualify as a
“federally related mortgage loan” under RESPA.
(Q) "Secretary" means the Secretary ofthe United States Department of Housing and Urban Development or his designee,
{R). “Successor in Interest of Borrower” means any party that hias taken title {o the Property, whether or not that party
has assumed Borrower's obligations under the Note and/or this Security [nstrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: i) the repayment of the Loan, and all renewals, extensions and modifica-
and
tions of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument
the Note. For this purpose, Borrower doe: .¢ hereby mortgage, grant and convey to MERS (solely as nominee for Lender
and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale,
the following
described property located in the County of Osceola
Type of Recording Jurisdiction) [Name of Recording Jurisdiction)
SEE LI a HERETO AND MADE A PART HEREOF AS "EXHIBIT A".
APN
which currently has the address of 649 N Delmonte Court, Kissimmee,
{Stecet] [City]
Florida 34758 ("Property Address’):
(Zip Code)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and
grante d by Borrowerin this Security Instrument, bul, ifnecessary
agrees that MERS holds only legal title to the interests
to comply with law or custom, MER: 'S (as naminee for 1 Lender and Lender's successors and assigns) has the right:
to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property: and to take
any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
except for encumbrances of record.
mortgage, grant an 1d convey the Property and that the Property is unencumbered, claims
Borrower warrants and will defend generally the title to the Property against all and demands, subject to any
encumbrances of record.
uniform covenants with
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non:
limited variations by jurisdiction to constitute 2 uniform security instrument covering real property.
FLORIDA - Single Farmly ~ Fannie Mao/FroddicMac UNIFORM INSTRUMENT Form 3010 4/01
Modified for FHA $2014 (HUD Handbook 4000.1) FLERHAISDE 0316
Bille Mae, Inc. Page 2 of 10 FLEDEED (CLS)
08/23/2019 12:12 PM PST
"a
2H
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
-
4. Payment of Principal, Interest, Escrow Ite! ms, and Late Charges. Borrower shall pay when due the principal
of, and Interest on, the debt evidenced by the Note an d late charges due under the Note. Borrower shall also pay funds
for Escrow Items pursuant to Section 3. Payment its 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 retumed to Lender unpaid, Len der may require that any or all subsequent payments due under the Note and
cash; (b) money order;
this Security Instrument be made in ‘one or more of the following forms, as selected by Lender: Is(a)drawn
(©) certified check, bank check, treasi urer's check or cashier's check, provided any such check upon an institution
whose deposils are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. at such other
Payments are deemed recelved by Lender wi nen received at the location designated in the Note ormay return any
location as may be designated by Lender in accordance ‘with the insufficient notice provisions in Section 14, Lender
payment or partial payment ifthe payment or partial paymel nts are to bring the Loan current. Lender may accept
any payment or partial payment insufficient to bring the Lo: an current, without waiver of any rights hereunder or prejudice
to its rights to refuse such payment or partial payments in the future, but Lender|s not obligated
to apply such payments
at the time such payments are accepted. If each Periodic Paymentis appliedfundsas ofuntilits Borrower scheduled due date, then Lender
need not pay interest on unapplies .d funds. Lender may hold such unapplied makes payment to bring
the Loan current. If Borrower doe: 5 not do so within 2 reasonable period of time, Lender shall either apply. such funds or
balance under the
return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal
against Lender
Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future
the covenants.
shall relieve Borrower from making payments due under the Note and this Security Instrumentor performing
and agreements secured by this Security Instrument,
2, Application of Payments or Proceeds, Except as otht .erwise described in this Section 2, all payments accepted
and applied by Lender shall be applied in the following order of priority:
First, to the Mortgage Insurance premi ums to be paid by Lenderto the Secretary or the monthly charge by the Sec-
retary instead of the monthly mortgage insurance premiums;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and,
Fifth, to late charges due under the Note.
Any appfication of payments, insurance proceeds, or Miscell laneous Proceeds to principal due under the Note shall
not extend or postpone the due dat te, or change the amount, of the Periodic Payments.
3 Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note,
and
until the Note is paid in full, a sum (the "Funds’) to provide for payment of amounts due far: (a) taxes and assessments
urity Instrument as a lien ar encumbrance on the Property; (b) leasehold
other items which can attain priority over this Sec
payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section
5; and (d) Mortgage Insurance premiums, to be paid by Lender to the Secretary or the monthly charge by the Secretary
instead of the monthly Mortgage Insurance premiums. These items are called “Escrow Items.”At origination or at any time
, if any, be
during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments
escrowed by Borrower, and such dues, fees and assessments shi ail be an Escrow Item, Borrower shall promptly fumish to
for Escrow Items unless
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds
obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation
Lender waives Borrower's of stich
to pay to Lender Funds for any or all Escr ‘ow Items at any time, Any such waiver may only be in writing. In the event
waiver, Borrower shell pay directly, when at nd where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, ifLender requires, shall fuiish to Lender
recelpts evidencing such payment within
period as Lender may require. Borrower's obligation to make such paymer nts and to provide receipts shall for all
such time
purposes be deemed to be a covenant and agreement contained in this Security Inst strument, as the phrase “covenant and
and Borrower
agreement” is used in Secti ion 9, If Borrower is obligated to pay Escrow Items directly, pursuant to 2 waiver,
fails to pay the amount due for an Escrow Item, Lender may exer rise its rights under Section 9 and pay such amount andto
Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as
any of all Escrow Items at any time by a notice gi jiven in accordance with Section 14 and, upon such revocation, Borrower
shail pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and h ‘old Funds in an amount (a) sufficient to permit Lender to apply the Funds at
it a lender can sequire under RESPA. Lender
the time specified under RESPA, and (b) not to exceed the maximum amount
of expenditures of f future
shall estimate the amount of Funds due on the basis of current data and reasonable estimates
Escrow Items or otherwise in accordance with Applicable Law, ar e insured by a federal agency, instrumentality, or entity
The Funds shall be held in en institution whose deposits
{including Lender, ifLenderis an ins! titution whose deposits
are soi insured) or in any Federal Home Loan Bank. Lender ‘shall
Lend fer shall not charge Borrower
apply the Funds to pay th .¢ Escrow Itemsno later than the time specified underor RESPA. the Escr row Items, unless Lender
for holding and applying t fhe Funds, annually analyzing the escrow account, verifying Unless an agreementis
pays Borrower interest on the Funds and Ap} plicable Law permits Lenderto make suchshalla charge. not be required to pay Borrower
made in writing or Applicable Law requires interest to be pai id on the Funds, Lender
in writing, however, that interest shall be paid on
any interest or eamings on the Funds. Borrower ‘and Lender can agree accounting
the Funds. Lender shall give to Borrower, withot ut charge, an annual of the Funds as required by RESPA.
excess
Ifthere Is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accountto Borrower for the
Lender shail
funds in accordance with RESPA. If there is a shor age of Funds held in escrow, as defined under RESPA,
necessary to make up the shortage
notify Borrower as required by RESPA, and Borrower shal \! pay to Lender the amount
in accordance with RESPA, but in no more than 12 month! ly payments. If here is a deficiency of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Bo!
rower shall pay to Lender the amount
in accordanc e with RESPA, but in no more than 12 monthly payments.
necessary to make up the deficiency
FLORIDA - Single Family ~ Fannie Mae/Froddie Mac UNIFORM INSTRUMENT Form 3010 1/04
‘Modified for FHA 9/2014 (HUD Handbook 4000.1) FLEFHAISDE 0316
Efe Mae, Ine, Page 3 of 10 FLEOE D (CLS)
95/2/2019 12:12 PM PST
cw ®
LOAN
‘Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can altain priority over this Security Instrument, leasehold payments or ground rents on the Property if
any, and Community Association Ques, Fees, and Assessments, if any. To the extent that these items are Escrow Items,
Borrower shall pay them in the manner provided in Section 3.
Borrower stvall promplly di
Preview
Filing # 192517508 E-Filed 02/22/2024 12:52:22 PM IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CIVIL DIVISION: CASE NO.: 2024 CA 000370 PENNYMAC LOAN SERVICES, LLC, Plaintiff, vs. RICHARD S. POLWAH; ASSOCIATION OF POINCIANA VILLAGES INC.; POINCIANA VILLAGE ONE ASSOCIATION, — INC.; JENEVA FE, POLWAH A/K/A JENEVA POLWAH; UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. CERTIFICATION OF BUSINESS RECORDS STATE OF (exas ) COUNTY OF Towa ) Griselda Bustos who, being of lawful age BEFORE me, personally appeared and after being first duly sworn, deposes and says: 1 Tai Authorized Representative of PENNYMAC LOAN SERVICES, LLC, the servicer of the subject mortgage loan. In this capacity I have personal knowledge of the facts and matters stated herein, and I am authorized to execute this Affidavit. The information contained in this affidavit is contained in the original books and records maintained by PENNYMAC LOAN SERVICES, LLC, and the records referenced or summarized herein constitute records or data compilations ("the records") of transactions ("the Transactions") relating to the servicing of the mortgage loan at issue in this foreclosure action. The records were made at or near the indicated time based on information transmitted by, or from a person with knowledge of the Transactions. The records are kept in the course of PENNYMAC LOAN SERVICES, LLC regularly conducted business activity. It is the regular Ce of PENNYMAC LOAN SERVICES, LLC to make these records. In the 24-00196 course of my regular job duties I have access to and am familiar with these records, and I reviewed and relied upon these records in executing this Affidavit. True and correct copies of records I have reviewed and relied upon in executing this Affidavit are attached to this Affidavit and incorporated herein. According to the records, prior to the filing of the Complaint, the Plaintiff was the designated holder of the note, or otherwise authorized to enforce, the promissory note and mortgage upon which this foreclosure action is based. A true and correct copy of the original note is attached hereto. According to the records, the borrower(s) have defaulted pursuant to the terms of the promissory note and mortgage sued upon, by failing to tender the Plaintiff the required payments when due. The borrower(s) were sent a notice of default. A copy of this letter is attached hereto. The default has not been cured and the Plaintiff has elected, in accordance with the terms of the note and mortgage, to accelerate the payment of the entire principal sum, together with accrued interest. A true and correct copy of the borrower's payment history is attached hereto. 10 A true and correct copy of the business records showing the amounts due and owing is attached hereto. Under the penalties of perjury, J declare that I have read the foregoing Certification of Business Records Affidavit, and the facts stated in it are true on t his 2-O day of Foon, 2024. PennyMac Loan Services, LLC Affiant Signature: | Yee, Print Name: Griselda Bustos Title: Authorized Representative 24-00196 EXHIBITA PerinyMac Loan Services, LLC Vv. NEIL L POLWAH & RICHARD 5. POLWAH State: California County: Ventura CERTIFICATION Pursuant to Florida Statutes, § 702.015(4), under penalty of perjury, I, Irma Fuentes, Manager for File Management, employed by PennyMac Loan Services, LLC. Loan Number; rs Borrower(s): NEIL I. POLWAH & RICHARD S. POLWAH Date of Note: 5/24/2019 Original Principal Balance: $181649.00 Property Address: 649 N Delmonte Ct, KISSIMMEE ,FL 34758 PennyMac Loan Services, LLC is in possession of the original promissory note at issue in this foreclosure action. At the time of verification, the original promissory note was located at 6101 Condor Dr. Moorpark, CA 93021 note I personally verified PennyMac Loan Services, LLC's possession of the original promissory on 12/4/2023 at 11:06:00 AM. ‘A tmue and correct copy of the promissory note is attached to this certificate as Exhibit A. Signature: wo Printed Name: Irma Fuentes Title: Manager, File Management Dated: __ 12/4/2023 ” NOTE LOA! MIN] A (094-8424896-703-2038 mane / Altamonte riaete Florida [State] 649 N Delmonte Court, Kissimmee, FL 34758 » [Property Address] 1. BORROWER'S PROMISE TO PAY In retum fora loan that | have received, | promise to pay U.S. $181,649.00 (this amount Is called “Principal’), plus interest, to the order of the Lender. The Lenders The Mortgage Firm, inc., a Corporation. 1 will make all payments under this Note In the form of cash, check or money order. 1 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 at a yearly Interest will be charged ‘on unpaid principal until the full amount of Principal has been paid. | will pay Interest rate of interest rate required by this Section 2 is the rate'l will pay both before and after any default described in Section (8) of this Note, 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. {will make my monthly payment onthe ist day of each month beginning on July 1, 2019. Iwill make these pay! mentsevery month until have pald all of the principal and Interest and any other charges anddescribed below that | may owe under this Note: Each monthly payment will be applied as of its scheduled due date will be applied to interest and any other items in the order described in the Security Instrument in before Principal, If, on full on that date, which dune 1, 2049, ‘owe amount Note, | will pay those amounts under this s Is called the “Maturity Date.” 1 will make my monthly paymentsat 921 Do ugias Avenue, Altamor nte Springs, FL 32714 or ata different place if required by the Note Holder. {B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $906.95, 4, BORROWER'S RIGHT TO PREPAY have the right to make payments of Pri incipal at any time before they are due. A paymentof so. Principal only is known asa "Prepayment" When I make a Prepayment, | vill ell the Note Holder in writing that | am doing { may not designate ‘a payment as a Prepay under the Note. if have not made all the monthly payments duePrepayment may make a full nt or partial Prepayments without paying @ charge. The Note Holder will use ‘my Prepayment: 1s to reduce the amount of Principal that L owe under this Nott te, However, the Nofe Holder may apply my Prepaymentto the accrued and unpald intereston the Prepayment amount, before applying my Prepaymentto reduce the Principal amount of the Note. If! 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 wrriting to those changes. 5. LOANCI S the Interestor If law, which applies to this loan and which sets maximum loan charges, is finally Interpreted so thaten: (a) any such other loan charges collected or to be collected in connection with this loan exceed the permitted limits, the Joan charge shall be reduced by’ ‘the amount necessary fo reduce the charge to the permitted limit; and (b) any sums already this refund collected from me whic! +h exceeded permitted limits will be refunded to me. The Note Holdermay choose to makePrincipal, the the Principal | owe under this Note or by making a direct payment to me. Ifa refund reduces by reducing reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS eer (A) Late Charge for Overdue P: If the Note Holder has not receivedthe full amount of any monthly payment by the end of 15 calendar days atter to the Note Holder. The amount of the charge will be 4.000 % of my overdue the date it is due, | will pay a late char, payment of pri and Interest. ! pay this late charge promptly but ‘only once on each late Default If 1 do not pay the full amount of each monthly payment on the date It is due, | will be In default, (C) Notice of Default ‘sen If tam in default, the Note Holder may d notice telling me that if! do not pay the hasoverdue me a written amount by a certain date, the Note Holder may require me to pay immediat the ely full amount of Principal which not been paid and Fred FLORIDA FIXED RATE NOTE — Sinclo Family ~ Fannie Mae/Mac die UNIFORMIN STRUMENT Form 3240 1/04 Modified for FHA Si15 (rev. 2/16) NT 0216 lie Mae, Inc. Page1 of 2 05/23/2019 12:12 PM PST LOAN #| ‘ali the interest that | 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 | am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if! am in default at a later time. (E) Payment of Note Holder's Costs and Expenses if the Note Holder has required me to pay immediately in {ull as described above, the Note Holder will have the right to be paid back by me for all ofits costs and expenses in enforcing this Note to the extent not prohibited by applicable law. ‘Those expenses include, for example, reasonable attomeys’ fees. 7. GIVING OF NOTIGES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if! give the Note Holdera 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 it | am given a noticeof that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ifmore than one person signs this Note, each personis 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 obliga’ ted to do these things. Any person who takes over these obligations, including the obligations ofa guar- antor, surety or endorser of this Note, is al so 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 J and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Nole Holder to give notice to other persons that ‘amounts due have not been paid. 410. UNIFORM SECURED NOTE given to This Note is @ uniform instrument with limited variations in some jurisdictions. In addition to the protections the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security notinstrument’), dafed the same keep the promises which | date as this Note, protects the Note Holder from possible losses which might result if | do required to nvake immediate make in this Note. That Security instrument describes how and under what conditions { may be payme: .nt in full of all amounts | owe under this Note. Some of those conditions are described as follows: is not a If all or any part of the Property or any interest in the Property Is sold or transferred (or if Borrower and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, natural person this option Lender may require Immediate payment in full of all sums secured by-this ‘Security Instrument. However, shall not be exercised by Lender if such exercise is pro! )hibited by Applicable Law. notice shail provide if Lender exercises this option, Lender shall give Borrower notice of acceleration. The a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower must pay ail sums secured by this Security Instrume nt. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by thi is Security Instrument without further notice or demand on Borrower. 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 shel (Seal) NEIL. POLWAH os Zz) et a estou | T_{Seal) RICHARD S. POLWAH Lender: i Loan Ori NMLS ID: [Sign Original Only) 3240 4104 FLORIDA FIXED RATE NOTE ~ Single Family ~ Fannie Mae/Freddie Mac UNIFORMINSTRUMENT — Form Modified for FHA 9/15 (tex. 2/16) FHASZOOFLNT 02716 Effie Mag, inc. Page 201 2 osrea2019 12:12 PPSt ALLONGE This Allonge is to be made a part of the Note Date: 05/24/2019 Borrowers: Neil I]. Polwah Richard S. Polwah Property Address: 649 N Delmonte Court Kissimmee FL 34758 Loan Number a Loan Amount: $181,649.00 Interest Rate 4.375% Maturity Date: 06/01/2049 Pay to the order of PennyMac Corporation without recourse. By: Svtephanc.. estate pect: Lob (94-SHERINEDEEY, SENIOR -VICE PRESIDENTS teplvante kdtepateic =f Rare opusesead - The Mortgage Firm, Inc., A Corporation 921 Douglas Avenue Ste. 200 Altamonte Springs, FL 32714 By First Federal Bank as their Power of Attomey TMFCXDOC ALLONGE TO NOTE PROPERTY ADDRESS: 649 N DELMONTE COURT, KISSIMMEE, FL 34758 PRINCIPAL BALANCE: $181649 BORROWER: NEIL | POLWAH CO-BORROWER: RICHARD S POLWAH PAY TO THE ORDER OF: PennyMac Loan Services, LLC WITHOUT RECOURSE: PennyMac Corp. BY inten Ss TITLE: Rosemar Nisperos, Auiiotead Representative ALLONGE TO NOTE on PROPERTY ADDRESS; 649 N DELMONTE COURT, KISSIMMEE, FL 34758 PRINCIPAL BALANCE: $181649 BORROWER: NEIL | POLWAH CO-BORROWER: RICHARD S POLWAH PAY TO THE ORDER OF: WITHOUT RECOURSE: PennyMac Loan Services, LLC BY S TITLE: Rosemar Nisperos, sili Representative EXHIBIT B CA recorded, return to: ‘The Alorigage Finn. tac. Final Document ont 921 Douglzs Avenve, FLaa714 Attamonte Springs, Tals document was prepared by: The Firm, ine. 931 d0ug as Avenue, # ‘Springs,FL 32714 407-519-3476 - Space Above Tis Line fot Recording Dats) Puaciese > 094.9424836 se MORTGAGE a: JERS PHONE H: 1-888-670-0377 DEFINITIONS Words defied in Sections3. 10, 12.17, in multiple techons of thes document ave defined below and other arewordsutso areprovided 18 and 21. Certain let regarding the usage of wordswhichuseds inthis dousnent i Secton1 (A) “Security Instrument” means this document. dated May 24, 2019, together with at Reders, {o thes document. AND RICHARD 8. “Borrower”is NEIL L POLWAH AND JENEVA F. POLWAH, HUSBAND ANDWIFE. POUWAH, A MARRIED HAN. Borrower ts te mortgagor ‘andor tus Seeunly Instrument, 25 3 (©) “HERS” 5 Mortgage Electronic RegistrationandSystems. Inc. MERS is 0 separate corporation tt is act Inssolely nominee for Lender and Lend jel Successors assigns. ERS Is the mortgagee. under this Security of P.O 89x2028. MERS existing under tha Jawsof Delaware. and has an acdress and telepho ne number Pint MI 48503-2026.tel. (886) 579-MERS, {0} “Lender”is The Mortgage Firm, tnc.. Lenders 9 6 oiganizad and exiting under the laws of Florida. 32714 Lender's aderons 1s 921 Dougixe Aveniie, #200, Altamonts SprinFLgs. {E) "Hote" means the rote, signed bp Garrow and ted ‘SIXMayHUNDRED 24,2019. “The Note 3 Berrower owes Len er OF HUM - oe DEN, Nae FORTY NINE AND NO/100"* ** oe * wees ‘Dollars (U.S, $185,649.00 Paymentsand lo pay the debtin fuBrnet tater plus interest. Borrowet has promised to pay ts debt in regular Penodic: shan June 1, 2049, enb under the ed heading “Tronster ‘of Rights in the Property” means tha property thatie detbelow {G) “Loan” sieans the dept evidence: 13 by he Note. olus interes! and Lale charges due utdat i Note, and al sumedoa (F) “Property” ‘under this Securdy fnstrument , plu aierest. “Riders” mears al Reders to this Secu ity Insvument that sex executed by Borrower. The folowing Riders are 10 be epphoablal: xecuted by Borrower [check box as Cordomnium ‘Adjustable Rate River Ruder 4 Pionned Uni Development Rede Others} [specty] FLORAov Senta Frewy— anole MaeifredieMisc UNF OHM ENSTRUMENT Form zai SLERANSDE 316 eed FHA W204 OID Hace 4900.1 Page ef 10 CLS Ere ve Ire ‘osay201 1232 PN PST oh AM RECEIPT 7 Recorded in Osceola ebay, FL ARMANDO RAMIREZ, CLERK OF COURT 05/31/2019 09:36:46 Rec Fees 112,00 MTG/DOC 635.95 INTANGIBL E 363.30 EXTRA NAMES Amt nAdanTANE? OL EEA OF A7EDANE 406 49 When recorded, return to: The Mortgage Firm, Inc. Final Document Department 921 Douglas Avenue, #200 Altamonte Springs, FL 32714 This document was prepared by: Sheri Nedley The Mortgage Firm, Inc. 921 Douglas Avenue, #200 Altamonte Springs, FL 32714 407-539-3476 a {Space Above This Line for Recording Oatal FHA Case No, MORTGAGE )4-84248. 038 i MERS PHONE #: 1-888-679-6377 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, this document are also 49 and 21. Certain rules regarding the usage of words usedis indated provided in Section 15. means this document, which together with all Riders May 24, 2019, (A) “Security Instrument” to this document. AND RICHARD S. {B) “Borrower” is NEIL L. POLWAH AND JENEVA F. POLWAH, HUSBAND AND WIFE, POLWAH, A MARRIED MAN. Borrower is the mortgagor under this Security Instrument. separate corporation thal is acting solely as a (C) "MERS” is Mortgage Electronic Registration Systems, Inc,MERSMERSis theIs a mortgagee under this Security Instrument. nominee for Lender and Lender's successors an‘ .d assigns. telephone number of P.O, Box 2026, MERS is organized and existing under the laws of Delaware, and has an address and Flint, MI 48501-2026, tel. (888) 679-MERS. {D) “Lender” is The Mortgage Firm, Inc... Lender is a Corporation, organized and existing under the laws of Florida. FL 32714 Lender's address is 921 Douglas Avenue, #200, Altamonte Springs, (E) "Note" means the promissory note signed by BorrowerTHO!ai indUSAND dated May 24, 2019. The Note states that HUNDRED FORTY NINE AND NO/100" *** Borrower owes Lender ONE HUNDRED EIGHTY ONEereuarerenerSIX s sananeereseeinancessenoeseneneaccvas * Dollars (U.S. $181,649.00 plus interest. Borrower has promised to pay this debt in regut: jar Periodic Paymenis and to pay the debt in full not later than June 1, 2049. () “Property” means the property that is describe . below under the heading “Transfer of Rights in the Property.” charges due under the Note, and all sums due (G) “Loan” means the debt evidenced by the Note, plus interest and late under this Security instrument , plus interest. by Borrower. The following Riders are to be (H) “Riders” means all Riders to this Security Instrument that are executed executed by Borrower [check bo! applicable]: Adjustable Rate Rider Condominium Rider {xi Planned Unit Development Rider Other(s) {specify} FLORIDA - Single Family ~ Fannie Mac/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Modified for FHA 9/2014 (HUD Handbook 4000.1) FLEFHAISDE 0316 Stie Mae, Inc. Page 1 of 10 FLEDEED (CLS) 5/23/2019 12:12 PM PST P pe LOAN #} a (I) “Applicable, Law” means all controlling applicable federal, state and local statutes, regulations, ordinances ant administrative rules and orders (that have the effect of taw) as well as all applicable final, non-appealable judicial opinions. () “Community Association Dues, Fees, and Assessments” meansall dues, fees, assessments and othercharges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic: tape so as to order, instruct, of authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions. transfers inillated by telephone. wire transfers, and automated clearinghouse transfers. (L) “Escrow Items” means those items that are described in Section 3. () “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insi urance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property: (i) condemnatian or other taking of all or any part af the Property: (i) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) “Morigage insurance” means insurance protecting Lender against the nonpayment of, or defaultunder on, the Loan, (O) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest the Note, plus {i any amounts under Section 3 of this Security Instrument. (P) "RESPA” means the Real Estate Settlement ProceduresAct (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan’ even if the Loan does not qualify as a “federally related mortgage loan” under RESPA. (Q) "Secretary" means the Secretary ofthe United States Department of Housing and Urban Development or his designee, {R). “Successor in Interest of Borrower” means any party that hias taken title {o the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security [nstrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: i) the repayment of the Loan, and all renewals, extensions and modifica- and tions of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument the Note. For this purpose, Borrower doe: .¢ hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of Osceola Type of Recording Jurisdiction) [Name of Recording Jurisdiction) SEE LI a HERETO AND MADE A PART HEREOF AS "EXHIBIT A". APN which currently has the address of 649 N Delmonte Court, Kissimmee, {Stecet] [City] Florida 34758 ("Property Address’): (Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and grante d by Borrowerin this Security Instrument, bul, ifnecessary agrees that MERS holds only legal title to the interests to comply with law or custom, MER: 'S (as naminee for 1 Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property: and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to except for encumbrances of record. mortgage, grant an 1d convey the Property and that the Property is unencumbered, claims Borrower warrants and will defend generally the title to the Property against all and demands, subject to any encumbrances of record. uniform covenants with THIS SECURITY INSTRUMENT combines uniform covenants for national use and non: limited variations by jurisdiction to constitute 2 uniform security instrument covering real property. FLORIDA - Single Farmly ~ Fannie Mao/FroddicMac UNIFORM INSTRUMENT Form 3010 4/01 Modified for FHA $2014 (HUD Handbook 4000.1) FLERHAISDE 0316 Bille Mae, Inc. Page 2 of 10 FLEDEED (CLS) 08/23/2019 12:12 PM PST "a 2H UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: - 4. Payment of Principal, Interest, Escrow Ite! ms, and Late Charges. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note an d late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payment its 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 retumed to Lender unpaid, Len der may require that any or all subsequent payments due under the Note and cash; (b) money order; this Security Instrument be made in ‘one or more of the following forms, as selected by Lender: Is(a)drawn (©) certified check, bank check, treasi urer's check or cashier's check, provided any such check upon an institution whose deposils are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. at such other Payments are deemed recelved by Lender wi nen received at the location designated in the Note ormay return any location as may be designated by Lender in accordance ‘with the insufficient notice provisions in Section 14, Lender payment or partial payment ifthe payment or partial paymel nts are to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Lo: an current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender|s not obligated to apply such payments at the time such payments are accepted. If each Periodic Paymentis appliedfundsas ofuntilits Borrower scheduled due date, then Lender need not pay interest on unapplies .d funds. Lender may hold such unapplied makes payment to bring the Loan current. If Borrower doe: 5 not do so within 2 reasonable period of time, Lender shall either apply. such funds or balance under the return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal against Lender Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future the covenants. shall relieve Borrower from making payments due under the Note and this Security Instrumentor performing and agreements secured by this Security Instrument, 2, Application of Payments or Proceeds, Except as otht .erwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: First, to the Mortgage Insurance premi ums to be paid by Lenderto the Secretary or the monthly charge by the Sec- retary instead of the monthly mortgage insurance premiums; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and, Fifth, to late charges due under the Note. Any appfication of payments, insurance proceeds, or Miscell laneous Proceeds to principal due under the Note shall not extend or postpone the due dat te, or change the amount, of the Periodic Payments. 3 Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, and until the Note is paid in full, a sum (the "Funds’) to provide for payment of amounts due far: (a) taxes and assessments urity Instrument as a lien ar encumbrance on the Property; (b) leasehold other items which can attain priority over this Sec payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, to be paid by Lender to the Secretary or the monthly charge by the Secretary instead of the monthly Mortgage Insurance premiums. These items are called “Escrow Items.”At origination or at any time , if any, be during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments escrowed by Borrower, and such dues, fees and assessments shi ail be an Escrow Item, Borrower shall promptly fumish to for Escrow Items unless Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation Lender waives Borrower's of stich to pay to Lender Funds for any or all Escr ‘ow Items at any time, Any such waiver may only be in writing. In the event waiver, Borrower shell pay directly, when at nd where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, ifLender requires, shall fuiish to Lender recelpts evidencing such payment within period as Lender may require. Borrower's obligation to make such paymer nts and to provide receipts shall for all such time purposes be deemed to be a covenant and agreement contained in this Security Inst strument, as the phrase “covenant and and Borrower agreement” is used in Secti ion 9, If Borrower is obligated to pay Escrow Items directly, pursuant to 2 waiver, fails to pay the amount due for an Escrow Item, Lender may exer rise its rights under Section 9 and pay such amount andto Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as any of all Escrow Items at any time by a notice gi jiven in accordance with Section 14 and, upon such revocation, Borrower shail pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and h ‘old Funds in an amount (a) sufficient to permit Lender to apply the Funds at it a lender can sequire under RESPA. Lender the time specified under RESPA, and (b) not to exceed the maximum amount of expenditures of f future shall estimate the amount of Funds due on the basis of current data and reasonable estimates Escrow Items or otherwise in accordance with Applicable Law, ar e insured by a federal agency, instrumentality, or entity The Funds shall be held in en institution whose deposits {including Lender, ifLenderis an ins! titution whose deposits are soi insured) or in any Federal Home Loan Bank. Lender ‘shall Lend fer shall not charge Borrower apply the Funds to pay th .¢ Escrow Itemsno later than the time specified underor RESPA. the Escr row Items, unless Lender for holding and applying t fhe Funds, annually analyzing the escrow account, verifying Unless an agreementis pays Borrower interest on the Funds and Ap} plicable Law permits Lenderto make suchshalla charge. not be required to pay Borrower made in writing or Applicable Law requires interest to be pai id on the Funds, Lender in writing, however, that interest shall be paid on any interest or eamings on the Funds. Borrower ‘and Lender can agree accounting the Funds. Lender shall give to Borrower, withot ut charge, an annual of the Funds as required by RESPA. excess Ifthere Is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accountto Borrower for the Lender shail funds in accordance with RESPA. If there is a shor age of Funds held in escrow, as defined under RESPA, necessary to make up the shortage notify Borrower as required by RESPA, and Borrower shal \! pay to Lender the amount in accordance with RESPA, but in no more than 12 month! ly payments. If here is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Bo! rower shall pay to Lender the amount in accordanc e with RESPA, but in no more than 12 monthly payments. necessary to make up the deficiency FLORIDA - Single Family ~ Fannie Mae/Froddie Mac UNIFORM INSTRUMENT Form 3010 1/04 ‘Modified for FHA 9/2014 (HUD Handbook 4000.1) FLEFHAISDE 0316 Efe Mae, Ine, Page 3 of 10 FLEOE D (CLS) 95/2/2019 12:12 PM PST cw ® LOAN ‘Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can altain priority over this Security Instrument, leasehold payments or ground rents on the Property if any, and Community Association Ques, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower stvall promplly di