Preview
12/27/2022 3:59 PM Filed Lee County Clerk of Courts
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR LEE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 22-CA-001090
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING,
Plaintiff,
VS.
LATIESHA T. BRAXTON AND TORRANCE COOK, et al.
Defendant(s).
/
NOTICE OF FILING
onthis LL day of \) 0 UUPU 2022, Plaintife, by and through its undersigned
attorney hereby files:
e Original Note
@ Original Mortgage
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Emgitsflmail@raslg.com
Marni Sachs. Esq.
By: YY an)
Caleb Hoe; Esquiré— FL. Bar No. 920
Florida Ba 1032063
Communic: Email: calhoesing@raslg.com
QAO HONEA
21-070788 - NoT
SERVICE LIST
LATIESHA T. BRAXTON
19413 MOSSY LEDGE TER
LEHIGH ACRES, FL 33936
TORRANCE COOK
19413 MOSSY LEDGE TER
LEHIGH ACRES, FL 33936
ROETZEL & ADNRESS, L.P.A.
JENNIFER A. NICHOLS, ESQ
ATTORNEY FOR CALOOSA LAKES HOMEOWNERS ASSOCIATION INC.
C/O ROETZEL & ADNRESS, L.P.A.
850 PARK SHORE DRIVE, THIRD FLOOR
NAPLES, FL 34103
PRIMARY EMAIL: SERVE.JNICHOLS@RALAW.COM
UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT
C/O U.S. ATTORNEY MIDDLE DISTRICT OF FLORIDA 400 N. TAMPA STREET, SUITE
3200
TAMPA, FL 33602
TAMPA POSTAL DISTRICT FEDERAL CREDIT UNION
C/O PRESIDENT, VICE PRESIDENT OR ANY OTHER OFFICER AUTHORIZED TO
ACCEPT SERVICE 15916 NORTH FLORIDA AVENUE
LUTZ, FL 33549
TORRANCE COOK
823 NORTH GAP LOOP
HUNTSVILLE, AL 36110
PAGE 2
21-070788 - NoT
ra
LOAN #: 520150763933
MIN: 1002491-2000073026-2
NOTE FHA Case No.
095-3749423-703-2038 _
April 29, 2016 a, Minnesota
[Date] [City] [State]
19413 Mossy Ledge Ter, Lehigh Acres, FL 33936
[Property Address]
1 BORROWER'S PROMISE TO PAY
In return for a loan that | have received, | promise to pay U.S. $213,069.00 (this amount is called “Principal’),
plus interest, to the order of the Lender. The Lender is Marketplace Home Mortgage, LLC, a Limited Liability
Company.
| will make all payments under this Note in the form of cash, check or money order.
| understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the “Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest at a yearly
rate of 4.125 %.
The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section
6(B) of this Note
3. PAYMENTS
(A) Time and Place of Payments
| will pay principal and interest by making a payment every month
| will make my monthly payment on the 1st day of each month beginning on June 1, 2016.
Iwill make these payments every month until | have paid alll of the principal and interest and any other charges described
below that | may owe under this Note. Each monthly payment will be applied as of its eduled due date and will be
applied to interest and any other items in the order described in the Security Instrument before Principal. If, on
May 1, 2046, | still owe amounts under this Note, | will pay those amounts in full on that date, which
is called the "Maturity Date.”
will make my monthly payments at 7380 France Avenue S, Suite 200
Edina, MN 55435
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $1,032.64.
4. BORROWER'S RIGHT TO PREPAY
Ihave the right to make payments of Principal at any time before they are due. A payment of Principal only is known
as a Prepayment.” When | make a Prepayment, | will tell the Note Holder in writing that | am doing so. | may not designate
a payment as a Prepayment if | have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use
my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of
my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
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 reftunded lo me. The Note Holder may choose to make this refund
by reducing the Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the
reduction will be treated as a partial Prepayment
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after
the date it is due, |will pay a late charge to the Note Holder. The amount of the charge will be 4,000 % of my overdue
payment of principal and interest. | will pay this late charge promptly but only once on each late payment.
(B) Default
IF I do not pay the full amount of each monthly payment on the da e it is due, | will be in default.
(C) Notice of Default
Flam in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and
FLORIDA FIXED RATE NOTE ~ Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01
Modified for FHA 9/15 (rev. 2/16)
Ellie Mae, Inc. Page 1 of 2 FHA3200FLNT 0216
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04/28/2016 03:48 PM PST
a
.
LOAN #: 520150763933
all 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 full 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 attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give the
Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of
thal different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
IF more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made
in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surely or endorser of this
Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guar-
antor, surety or endorser of this Nole, is also obligated to keep all of the promises made in this Note. The Note Holder may
enforce is 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.
| and any other person who has obligations under this Note waive the rights of Presentment and Nolice of Dishonor,
“Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means.
the right to require the Note Holder to give notice to other persons that amounts due have not been paid
10. UNIFORM SECURED NOTE.
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to
the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument’), dated the same
date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which |
make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate
payment in full of all amounts | owe under this Note. Some of those conditions are described as follows:
IF all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which
Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
n DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness
WITNESS TH nAND(S) AND SEAL( THE UNDERSIGNED
(
\TIESHA T BRAXTON
(12416 (Seal)
Without Recourse C
Lender: Marketplace Home Mortgage, LLC Pay to the Order of Ditech Financial LL
Mee
NMLS ID: 108:
Loan Originator: Joanne Brenenstuhl
NMLS ID: 375376
Yvonne Mullaney
/
‘Shipping Supervisor
7 Cet lees
danke dace Here
nur of at
tg opi bk [Sign Orightal OMy]
FLORIDA FIXED RATE NOTE — Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01
Modified for FHA 9/15 (rev. 2/16)
Ellie Mae, Inc. Page 2 of 2 FHAS200FLNT 0216
2 FHA3200NOT (CLS)
04/28/2016 03:46 PM PST
= ae
Pay to the order of
Without Recourse
Justin Comell
Authorized Signor
Ditech Financial L|
When recorded, return to:
Marketplace Home Mortgage, LLC
Attn: Final Document Department
clo DocProbe INSTR # 2016000095791, Pages 11
1125 Ocean Avenue Doc Type MTG, Recorded 05/04/2016 at 01:40 PM,
Lakewood, NJ 08701 Lin Doggett, Lee County Clerk of Circuit Court
Mig Doc 45.85 int. Tax $426.14 Rec. Fee $95.
This document was prepared by: Deputy Cler MASSEY
Marketplace Home Mortgage, LLC #3
7380 France Avenue S, Suite 200
Edina, MN 55435,
LOAN #: 520150763933
_ - - [Space Above This Line for Recording Data]
{ FHA Case No
MORTGAGE |095-3749423-703-203B
MIN: 1002491-2000073026-2
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,
19 and 21. Certain rules regarding the usage of words used in this documentare also provided in Section 15.
(A) “Security Instrument” means this document, which is dated April 29, 2016, together with all Riders
to this document.
(B) “Borrower” is LATIESHA T BRAXTON AND TORRANCE COOK, WIFE AND HUSBAND.
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a
nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026,
Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) “Lender” is Marketplace Home Mortgage, LLC.
Lender is a Limited Liability Company, organized and existing
under the laws of Minnesota.
Lender's address is 7380 France Avenue S, Suite 200, Edina, MN 55435
{E) “Note” means the promissory note signed by Borrower and dated April 29, 2016. The Note states that
Borrower owes Lender TWO HUNDRED THIRTEEN THOUSAND SIXTY NINE AND NO/100******* "#88 eee
TRE
n akan ana resrarsentnaaaawnnaeneeeee® Dollars (U.S. $213,069.00
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than May 4, 2046.
(F) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.”
(G) “Loan” means the debt evidenced by the Note, plus interest and late charges due under the Note, and all sums due
under this Security Instrument, plus interest.
(H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
CJ Adjustable Rate Rider [1 Condominium Rider [x] Planned Unit Development Rider
C Other(s) [specify]
FLORIDA — Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 1 of 9 FLEFHAISDE 0316
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(1) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and
of law) as well as all applicable final, non-appealable judicial opinions.
administrative rules and orders (that have the effect
(J) "Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that
are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
tape so as to order, instruct, or authorize a financial institution to debitor credit an account. Such term includes, but is not
limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers,
and automated clearinghouse transfers.
(L) “Escrow Items" means those items that are described in Section 3.
(M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction
of, the Property; (ii) condemnation or other taking of alll or any part of the Property; (il) conveyance in lieu of condemnation;
or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(0) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus
(i) any amounts under Section 3 of this Security Instrument.
(P) “RESPA" means the Real Estate Settlement Procedures
Act (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 of the United States Department of Housing and Urban Development or his designee.
(R) "Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party
has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifica-
tions of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and
the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender
and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following
described property located in the County of Lee
(Type of Recording Jurisdiction] [Name of Recording Jurisdiction):
Lot 113, Caloosa Lakes Phase 1, according to the map or plat thereof, as recorded in Instrument Number
2006-358513, Public Records of Lee County, Florida.
APN #: 05-45-27-23-00000.1130
which currently has the address of 19413 Mossy Ledge Ter, Lehigh Acres,
[Street] [City]
Florida 33936 (“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
agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary
to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those 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
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
FLORIDA ~ Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 2 of 9 FLEFHAISDE 0316
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LOAN #: 520150763933
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1 Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal
of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrower shall also pay funds
for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in
U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and
this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order;
(c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution
whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 14. Lender may return any
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept
any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice
to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments
at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender
need not pay intereston unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or
return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the
Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender
shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender shall be applied in the following order of priority:
First, to the Mortgage Insurance premiums to be paid by 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 application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, a sum (the “Funds") to provide for payment of amounts due for: (a) taxes and assessments and
other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold
payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section
5; and (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
during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless
Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation
to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such
waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within
such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and
agreement’ is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower
fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and
Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to.
any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower
shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at
the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lenders an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall
apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower
for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender
pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on
the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
Ifthere is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess
funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage
in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
FLORIDA — Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 3 of 9 FLEFHAISDE 0316
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LOAN #: 520150763933
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if
any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,
Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as
Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien
in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings
are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement sat-
isfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property
is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying
the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of
the actions set forth above in this Section 4.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not
limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts.
(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sen-
fences can change during the term of the Loan. The insurance cartier providing the insurance shall be chosen by Borrower
subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certifica-
tion and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent
charges each time remappings or similar changes occur which reasonably might affect such determination or certification.
Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency
in connection with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's
option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage.
Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property,
or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than
was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly
exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5
shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the
Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
Allinsurance policies required by Lender and renewals of such policies shall be subjectto Lender's right to disapprove
such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional
loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall
promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance
coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a
standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance pro-
ceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair
and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity
to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection
shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in
a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out
of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically
feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this
Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall
be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given.
In either event, or if Lender acquires the Property under Section 24 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid
by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of
the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
60 days afer the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender determines that this requirement shall cause
undue hardship for the Borrower, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property: Inspections. Borrower shall not destroy, damage or
impair the Property, allow the Property to deteriorate or commit waste on the Property. Borrower shall maintain the Property
FLORIDA ~ Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
Modified for FHA 9/2014 (HUD Handbook 4000.1)
Ellie Mae, Inc. Page 4 of 9 FLEFHAISDE 0316
FLEDEED (CLS)
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LOAN #: 520150763933
in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless itis determined pursuant
to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged
to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to
the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for
such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the
Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
If condemnation proceeds are paid in connection with the taking of the property, Lender shall apply such proceeds to
the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts, and then
to payment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the
monthly payments or change the amount of such payments.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time ofor
prior to such an interior inspection specifying such reasonable cause.
8. Borrower’s Loan Application. Borrower shall be in default if, during the Loan application process, Borrower
or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially
false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material informa-
tion) in connection with the Loan. Material representations include, but are not limited to, representations concerning
Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower
fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that
might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a pro-
ceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over
this Security Instrument or to enforce laws or regulations), or (¢) Borrower has abandoned the Property, then Lender
may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under
this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has prior-
ity over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest
in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding.
Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or
board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous condi-
tions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to
do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
‘Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be pay-
able, with such interest, upon notice from Lenderto Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall
not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall
not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the
Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if
the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration
period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such
Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscel-
laneous Proceeds, Lender shall not be required to pay Borrower any interestor earnings on such Miscellaneous Proceeds.
If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event ofa total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied
to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Prop-
erty immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower
and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amountof the
Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before
the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately
before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscel-
laneous Proceeds shall be app
Preview
12/27/2022 3:59 PM Filed Lee County Clerk of Courts IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 22-CA-001090 NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff, VS. LATIESHA T. BRAXTON AND TORRANCE COOK, et al. Defendant(s). / NOTICE OF FILING onthis LL day of \) 0 UUPU 2022, Plaintife, by and through its undersigned attorney hereby files: e Original Note @ Original Mortgage ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Emgitsflmail@raslg.com Marni Sachs. Esq. By: YY an) Caleb Hoe; Esquiré— FL. Bar No. 920 Florida Ba 1032063 Communic: Email: calhoesing@raslg.com QAO HONEA 21-070788 - NoT SERVICE LIST LATIESHA T. BRAXTON 19413 MOSSY LEDGE TER LEHIGH ACRES, FL 33936 TORRANCE COOK 19413 MOSSY LEDGE TER LEHIGH ACRES, FL 33936 ROETZEL & ADNRESS, L.P.A. JENNIFER A. NICHOLS, ESQ ATTORNEY FOR CALOOSA LAKES HOMEOWNERS ASSOCIATION INC. C/O ROETZEL & ADNRESS, L.P.A. 850 PARK SHORE DRIVE, THIRD FLOOR NAPLES, FL 34103 PRIMARY EMAIL: SERVE.JNICHOLS@RALAW.COM UNITED STATES OF AMERICA, ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O U.S. ATTORNEY MIDDLE DISTRICT OF FLORIDA 400 N. TAMPA STREET, SUITE 3200 TAMPA, FL 33602 TAMPA POSTAL DISTRICT FEDERAL CREDIT UNION C/O PRESIDENT, VICE PRESIDENT OR ANY OTHER OFFICER AUTHORIZED TO ACCEPT SERVICE 15916 NORTH FLORIDA AVENUE LUTZ, FL 33549 TORRANCE COOK 823 NORTH GAP LOOP HUNTSVILLE, AL 36110 PAGE 2 21-070788 - NoT ra LOAN #: 520150763933 MIN: 1002491-2000073026-2 NOTE FHA Case No. 095-3749423-703-2038 _ April 29, 2016 a, Minnesota [Date] [City] [State] 19413 Mossy Ledge Ter, Lehigh Acres, FL 33936 [Property Address] 1 BORROWER'S PROMISE TO PAY In return for a loan that | have received, | promise to pay U.S. $213,069.00 (this amount is called “Principal’), plus interest, to the order of the Lender. The Lender is Marketplace Home Mortgage, LLC, a Limited Liability Company. | will make all payments under this Note in the form of cash, check or money order. | understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the “Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest at a yearly rate of 4.125 %. The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B) of this Note 3. PAYMENTS (A) Time and Place of Payments | will pay principal and interest by making a payment every month | will make my monthly payment on the 1st day of each month beginning on June 1, 2016. Iwill make these payments every month until | have paid alll of the principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of its eduled due date and will be applied to interest and any other items in the order described in the Security Instrument before Principal. If, on May 1, 2046, | still owe amounts under this Note, | will pay those amounts in full on that date, which is called the "Maturity Date.” will make my monthly payments at 7380 France Avenue S, Suite 200 Edina, MN 55435 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $1,032.64. 4. BORROWER'S RIGHT TO PREPAY Ihave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a Prepayment.” When | make a Prepayment, | will tell the Note Holder in writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES 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 reftunded lo me. The Note Holder may choose to make this refund by reducing the Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, |will pay a late charge to the Note Holder. The amount of the charge will be 4,000 % of my overdue payment of principal and interest. | will pay this late charge promptly but only once on each late payment. (B) Default IF I do not pay the full amount of each monthly payment on the da e it is due, | will be in default. (C) Notice of Default Flam in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and FLORIDA FIXED RATE NOTE ~ Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01 Modified for FHA 9/15 (rev. 2/16) Ellie Mae, Inc. Page 1 of 2 FHA3200FLNT 0216 oe FHA3200NOT (CLS) 04/28/2016 03:48 PM PST a . LOAN #: 520150763933 all 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 full 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 attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of thal different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE IF more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surely or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guar- antor, surety or endorser of this Nole, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce is 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. | and any other person who has obligations under this Note waive the rights of Presentment and Nolice of Dishonor, “Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means. the right to require the Note Holder to give notice to other persons that amounts due have not been paid 10. UNIFORM SECURED NOTE. This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument’), dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts | owe under this Note. Some of those conditions are described as follows: IF all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. n DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness WITNESS TH nAND(S) AND SEAL( THE UNDERSIGNED ( \TIESHA T BRAXTON (12416 (Seal) Without Recourse C Lender: Marketplace Home Mortgage, LLC Pay to the Order of Ditech Financial LL Mee NMLS ID: 108: Loan Originator: Joanne Brenenstuhl NMLS ID: 375376 Yvonne Mullaney / ‘Shipping Supervisor 7 Cet lees danke dace Here nur of at tg opi bk [Sign Orightal OMy] FLORIDA FIXED RATE NOTE — Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01 Modified for FHA 9/15 (rev. 2/16) Ellie Mae, Inc. Page 2 of 2 FHAS200FLNT 0216 2 FHA3200NOT (CLS) 04/28/2016 03:46 PM PST = ae Pay to the order of Without Recourse Justin Comell Authorized Signor Ditech Financial L| When recorded, return to: Marketplace Home Mortgage, LLC Attn: Final Document Department clo DocProbe INSTR # 2016000095791, Pages 11 1125 Ocean Avenue Doc Type MTG, Recorded 05/04/2016 at 01:40 PM, Lakewood, NJ 08701 Lin Doggett, Lee County Clerk of Circuit Court Mig Doc 45.85 int. Tax $426.14 Rec. Fee $95. This document was prepared by: Deputy Cler MASSEY Marketplace Home Mortgage, LLC #3 7380 France Avenue S, Suite 200 Edina, MN 55435, LOAN #: 520150763933 _ - - [Space Above This Line for Recording Data] { FHA Case No MORTGAGE |095-3749423-703-203B MIN: 1002491-2000073026-2 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, 19 and 21. Certain rules regarding the usage of words used in this documentare also provided in Section 15. (A) “Security Instrument” means this document, which is dated April 29, 2016, together with all Riders to this document. (B) “Borrower” is LATIESHA T BRAXTON AND TORRANCE COOK, WIFE AND HUSBAND. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) “Lender” is Marketplace Home Mortgage, LLC. Lender is a Limited Liability Company, organized and existing under the laws of Minnesota. Lender's address is 7380 France Avenue S, Suite 200, Edina, MN 55435 {E) “Note” means the promissory note signed by Borrower and dated April 29, 2016. The Note states that Borrower owes Lender TWO HUNDRED THIRTEEN THOUSAND SIXTY NINE AND NO/100******* "#88 eee TRE n akan ana resrarsentnaaaawnnaeneeeee® Dollars (U.S. $213,069.00 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 4, 2046. (F) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.” (G) “Loan” means the debt evidenced by the Note, plus interest and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: CJ Adjustable Rate Rider [1 Condominium Rider [x] Planned Unit Development Rider C Other(s) [specify] FLORIDA — Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Modified for FHA 9/2014 (HUD Handbook 4000.1) Ellie Mae, Inc. Page 1 of 9 FLEFHAISDE 0316 FLEDEED (CLS) 04/29/2016 08:26 AM PST YS TC : LOAN #: 520150763933 (1) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and of law) as well as all applicable final, non-appealable judicial opinions. administrative rules and orders (that have the effect (J) "Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debitor credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) “Escrow Items" means those items that are described in Section 3. (M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of alll or any part of the Property; (il) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (i) any amounts under Section 3 of this Security Instrument. (P) “RESPA" means the Real Estate Settlement Procedures Act (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 of the United States Department of Housing and Urban Development or his designee. (R) "Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifica- tions of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, with power of sale, the following described property located in the County of Lee (Type of Recording Jurisdiction] [Name of Recording Jurisdiction): Lot 113, Caloosa Lakes Phase 1, according to the map or plat thereof, as recorded in Instrument Number 2006-358513, Public Records of Lee County, Florida. APN #: 05-45-27-23-00000.1130 which currently has the address of 19413 Mossy Ledge Ter, Lehigh Acres, [Street] [City] Florida 33936 (“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 agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those 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 mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. FLORIDA ~ Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Modified for FHA 9/2014 (HUD Handbook 4000.1) Ellie Mae, Inc. Page 2 of 9 FLEFHAISDE 0316 FLEDEED (CLS) 04/29/2016 08:26 AM PST {Bre LOAN #: 520150763933 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1 Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 14. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay intereston unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: First, to the Mortgage Insurance premiums to be paid by 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 application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the “Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (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 during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement’ is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to. any or all Escrow Items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lenders an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. Ifthere is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. FLORIDA — Single Family ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Modified for FHA 9/2014 (HUD Handbook 4000.1) Ellie Mae, Inc. Page 3 of 9 FLEFHAISDE 0316 D (CLS) 4 YB 4c 04/29/2016 08:26 AM PST LOAN #: 520150763933 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement sat- isfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts. (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sen- fences can change during the term of the Loan. The insurance cartier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certifica- tion and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Allinsurance policies required by Lender and renewals of such policies shall be subjectto Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance pro- ceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 24 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days afer the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that this requirement shall cause undue hardship for the Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property: Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Borrower shall maintain the Property FLORIDA ~ Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Modified for FHA 9/2014 (HUD Handbook 4000.1) Ellie Mae, Inc. Page 4 of 9 FLEFHAISDE 0316 FLEDEED (CLS) 04/29/2016 08:26 AM PST \ B v6 LOAN #: 520150763933 in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless itis determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. If condemnation proceeds are paid in connection with the taking of the property, Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts, and then to payment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments or change the amount of such payments. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time ofor prior to such an interior inspection specifying such reasonable cause. 8. Borrower’s Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material informa- tion) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a pro- ceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (¢) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has prior- ity over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous condi- tions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. ‘Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be pay- able, with such interest, upon notice from Lenderto Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscel- laneous Proceeds, Lender shall not be required to pay Borrower any interestor earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event ofa total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Prop- erty immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amountof the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscel- laneous Proceeds shall be app