Preview
Filing # 193672106 E-Filed 03/08/2024 11:50:47 PM
shellpoint
Hours of Operation
35 Beattie Pl Suite 110 Toll free Phone 1-800-36: io” Monday - Friday $:00AM - 10:00PM
Greenville 2960) Toll Free Fax 1-866-467-1137, Saturday 8:00AM - 3:00PM
Last four (4) digits of Loan ID: ia
Case No:
Borrower Name: Wendy Renee Layport
Property Address: 305 Arbuckle Creek Rd
Lorida, FL 33857
Florida Statutes § 702.015 (4) Possession Certificate
(1) Under penalty of perjury, I, Stephanie N. Wessel, Manager for NewRez LLC f/k/a New Penn
Financial, LLC d/b/a Shellpoint Mortgage Servicing (Shellpoint) give this certification. I am
authorized to provide this certification as an employee of Shellpoint, THE BANK OF NEW YORK
MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE
CWALT, INC., ALTERNATIVE LOAN TRUST2006-11CB MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2006-11CB's loan servicer and attorney-in-fact.
(2) THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE CWALT, INC,, ALTERNATIVE LOAN TRUST2006-11CB MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2006-11CB is in possession of the original promissory note
at issuance of the foreclosure action through Shellpoint, which possesses the note on behalf of THE
BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST2006-11CB MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2006-11CB.
(3) I personally verified THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST2006-11CB
MORTGAGE PASS-THROUGH CERTIFI Bee 2006: -11CB's possession, through Shellpoint, of
the original promissory note on uf (date) at Vee
(time).
(4) At the time of verification, the original promissory note was located at NewRez LLC f/k/a New Penn
Financial, LLC d/b/a Shellpoint Mortgage Servicing, 75 Beattie Place, Suite 200, Greenville, SC
29601.
(5) A true and correct copy of the Promissory Note and Allonge(s) (if applicable) is/are attached to this
certificate as “Exhibit A”.
Electronically Filed Highlands Case # 24000098GCAXMX 03/08/2024 11:50:47 PM
shellpoint
Hours of Operation
55 Beattie Place ite 110 Toll Free Phone 1-800-% 407 Monday - Friday 8:00AM - 10:00PM
enville 601 Toll Free Fax 1-860-467-1137 Saturday 8:0.4M - 3:00PM
Signature: f
Printed Name: Sfephanie N. Wessel
Title: Manager
Date: 11/13/2023
EXHIBIT “A”
\
:}:
_— INTEREST ONLY FIXED RATE NOTE a
wn
‘MARCH 15, 2006 FLORIDA
{Date} [eayy {Sune}
305 ARBUCKLE CREEK RD, LORIDA, FL 33857-9788
[Property Adgress}
1, BORROWER'S PROMISE TO PAY
in return for a loan that 1 have received, 1 promise to pay US. 8 147,000.00 (this amountis called "Principal"),
plus interest, to the order of the Lender. The Lender is
AMERICA'S WHOLESALE LENDER
1 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 folder.”
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 6.875 %.
‘The interest rate required by this Section 2 is the rate | will pay both before and after any definult described in Section 6(B) of
this Note,
3. PAYMENTS
(A) Time and Place of Payments
J will make a payment every month. This payment will be for interest only for the first 120 months, and then will
consist of pri pal and interest,
[will make my monthly payment on the FIRST day of ea +h month beginning on
MAY 01, 2006 J will make these payments every month until [ have paid all 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 scheduled due date,
and if the payment includes both principal and inicrest it will be applied to interest before Principal. tf, on
APRIL O1, 2036 _ | still owe amounts under this Note, { will pay those amounts in full on that date, which is called
the "Maturity Date.”
I will make my monthly payments at
P.O. Box 660694, Dallas, TK 75266-0694
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, $ 842.19 forthe first, 120 months of this Note,
and thereafter will be in the amount of U.S. $ 1,128.69 . The Note Holder will notify me prior to the date of change
in monthly payment.
4, BORROWER'S RIGHT TO PREPAY
have the right to make payments of Principal at any time before they are due, A payment of Principal only is known as a
“Prepayment.” When | make @ Prepayment, 1 will tell the Note Holder in writing that | am doing so. { may not designate @
paymentas 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 of my monthly payment untess the Note Holder
agrees in writing to those changes, However, if the partial Prepayment is made during the period when my monthly payments
consist only of interest, the amount of the monthly payment will decrease for the remainder of the term when my payments consist
only of interest as well as during the (ime that my payments consist of principal and interest. If the partial Prepayment is made
during the period when my payments consist of principal atid interest, the amount of my monthly payment will not decrease;
however, the principal and the interest required under this Note will be paid prior to the Maturity Date,
5. LOAN CHARGES
Ifa law, which applies to this Joan and which sets maximum foan charges, is finally interpreted so that the interest or other
Joan charges collected oF to be collected in connection with this foan excved the permitted fimits, then: (a) any such Ioan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already coltected from me
which exceeded permitied Jimits will be refunded to 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. Ha refund reduces Principal, the reduction will be treated as
a partial Prepayment,
© FLORIDA INTEREST ONLY FIXED RATE NOTE
2O771-FL (OMN2KE) Page t 013 initiate: (SAS
a
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
a
if the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar
days after the date itis due, I will pay a late charge to the Note Holder. The amount of the charge will be 5,000 %
of my overdue payment of interest and/or principal and interest. 1 will pay this tate charge prompily but only once on cach late
payment,
(B) Default
If! do not pay the full amount of each monthly payment on the date it is due, { will be in default.
(YN of Default
if tam defautt, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a
aertain date, the Note Holder may require me to pay immediately the full amount of Principal which hes not becn paid and all the
Interest that | owe on that amount, That date must be at Icast 30 days after the dite on which the notice is maifed to me or
delivered by other means.
(D) No Waiver By Note Helder
Even if, at atime 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 tater time.
{E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys’ fees,
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or al a diff 1 address if | gi the Note
Holder a notice of my different addr
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 4 notice of that different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOT!
If more than one person signs this Note, each person is fully and personally obligated to keep all of the pronises made in this
Note, including the promise to pay the full amount owed, Any persort who is & guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obli jons, inchiding the obligations of @ guarantor, surety oF
endorser of this Note, also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against ch person individually or against all of us together. This means that any one of us may: be required to
ay all of the amounts owed under this Note,
9, WAIVERS
Fund any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Prescniment* means the right to require the Note Holder to demand payment of amounts due. Notice of Dishonor" means the
right (o require the Note Holder to give notice to other persons that amounts duc 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 Trast, or Security Deed (the “Security Instrument"), dated the same date as this
Noie, 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:
‘fall 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 of transferred) without Lender's prior written
consent, Lender may require immediate payment in full of afl sums secured by this Security: tastrument,
However, this option shall not bé 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
4 period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by thi Security Instrument. 1f Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
11, DOCUMENTARY TAX
The state documentary tax due ott this Note has been paid on the morigage securing this Indebtedness.
os,
© FLORIDA INTEREST ONLY FIXED RATE NOTE
2077FL (0102) Page
2 of 3 tnt:
WITNESS THE HAND(S)
AND § ZAL(S) OF THE UNDERSIGNED,
GUerdin Renee Ly aeat (Seal)
WENDY RENEE ir AYO “Borrower
(Seal)
Borrower
(Seal)
Rortower
(Seal)
“Borrower
[Sign Original Onty]
prio cae one °
atowt
yar 8 ce a ioe
poe a “
rot
By. ‘paws ‘uet
© FLORIDA INTEREST ONLY FIXED RATE NOTE
ADIT LFL (012) Page
3 of 3
Preview
Filing # 193672106 E-Filed 03/08/2024 11:50:47 PM shellpoint Hours of Operation 35 Beattie Pl Suite 110 Toll free Phone 1-800-36: io” Monday - Friday $:00AM - 10:00PM Greenville 2960) Toll Free Fax 1-866-467-1137, Saturday 8:00AM - 3:00PM Last four (4) digits of Loan ID: ia Case No: Borrower Name: Wendy Renee Layport Property Address: 305 Arbuckle Creek Rd Lorida, FL 33857 Florida Statutes § 702.015 (4) Possession Certificate (1) Under penalty of perjury, I, Stephanie N. Wessel, Manager for NewRez LLC f/k/a New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing (Shellpoint) give this certification. I am authorized to provide this certification as an employee of Shellpoint, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST2006-11CB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-11CB's loan servicer and attorney-in-fact. (2) THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC,, ALTERNATIVE LOAN TRUST2006-11CB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-11CB is in possession of the original promissory note at issuance of the foreclosure action through Shellpoint, which possesses the note on behalf of THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST2006-11CB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-11CB. (3) I personally verified THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST2006-11CB MORTGAGE PASS-THROUGH CERTIFI Bee 2006: -11CB's possession, through Shellpoint, of the original promissory note on uf (date) at Vee (time). (4) At the time of verification, the original promissory note was located at NewRez LLC f/k/a New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, 75 Beattie Place, Suite 200, Greenville, SC 29601. (5) A true and correct copy of the Promissory Note and Allonge(s) (if applicable) is/are attached to this certificate as “Exhibit A”. Electronically Filed Highlands Case # 24000098GCAXMX 03/08/2024 11:50:47 PM shellpoint Hours of Operation 55 Beattie Place ite 110 Toll Free Phone 1-800-% 407 Monday - Friday 8:00AM - 10:00PM enville 601 Toll Free Fax 1-860-467-1137 Saturday 8:0.4M - 3:00PM Signature: f Printed Name: Sfephanie N. Wessel Title: Manager Date: 11/13/2023 EXHIBIT “A” \ :}: _— INTEREST ONLY FIXED RATE NOTE a wn ‘MARCH 15, 2006 FLORIDA {Date} [eayy {Sune} 305 ARBUCKLE CREEK RD, LORIDA, FL 33857-9788 [Property Adgress} 1, BORROWER'S PROMISE TO PAY in return for a loan that 1 have received, 1 promise to pay US. 8 147,000.00 (this amountis called "Principal"), plus interest, to the order of the Lender. The Lender is AMERICA'S WHOLESALE LENDER 1 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 folder.” 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 6.875 %. ‘The interest rate required by this Section 2 is the rate | will pay both before and after any definult described in Section 6(B) of this Note, 3. PAYMENTS (A) Time and Place of Payments J will make a payment every month. This payment will be for interest only for the first 120 months, and then will consist of pri pal and interest, [will make my monthly payment on the FIRST day of ea +h month beginning on MAY 01, 2006 J will make these payments every month until [ have paid all 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 scheduled due date, and if the payment includes both principal and inicrest it will be applied to interest before Principal. tf, on APRIL O1, 2036 _ | still owe amounts under this Note, { will pay those amounts in full on that date, which is called the "Maturity Date.” I will make my monthly payments at P.O. Box 660694, Dallas, TK 75266-0694 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, $ 842.19 forthe first, 120 months of this Note, and thereafter will be in the amount of U.S. $ 1,128.69 . The Note Holder will notify me prior to the date of change in monthly payment. 4, BORROWER'S RIGHT TO PREPAY have the right to make payments of Principal at any time before they are due, A payment of Principal only is known as a “Prepayment.” When | make @ Prepayment, 1 will tell the Note Holder in writing that | am doing so. { may not designate @ paymentas 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 of my monthly payment untess the Note Holder agrees in writing to those changes, However, if the partial Prepayment is made during the period when my monthly payments consist only of interest, the amount of the monthly payment will decrease for the remainder of the term when my payments consist only of interest as well as during the (ime that my payments consist of principal and interest. If the partial Prepayment is made during the period when my payments consist of principal atid interest, the amount of my monthly payment will not decrease; however, the principal and the interest required under this Note will be paid prior to the Maturity Date, 5. LOAN CHARGES Ifa law, which applies to this Joan and which sets maximum foan charges, is finally interpreted so that the interest or other Joan charges collected oF to be collected in connection with this foan excved the permitted fimits, then: (a) any such Ioan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already coltected from me which exceeded permitied Jimits will be refunded to 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. Ha refund reduces Principal, the reduction will be treated as a partial Prepayment, © FLORIDA INTEREST ONLY FIXED RATE NOTE 2O771-FL (OMN2KE) Page t 013 initiate: (SAS a 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments a if the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date itis due, I will pay a late charge to the Note Holder. The amount of the charge will be 5,000 % of my overdue payment of interest and/or principal and interest. 1 will pay this tate charge prompily but only once on cach late payment, (B) Default If! do not pay the full amount of each monthly payment on the date it is due, { will be in default. (YN of Default if tam defautt, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a aertain date, the Note Holder may require me to pay immediately the full amount of Principal which hes not becn paid and all the Interest that | owe on that amount, That date must be at Icast 30 days after the dite on which the notice is maifed to me or delivered by other means. (D) No Waiver By Note Helder Even if, at atime 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 tater time. {E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees, 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or al a diff 1 address if | gi the Note Holder a notice of my different addr 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 4 notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOT! If more than one person signs this Note, each person is fully and personally obligated to keep all of the pronises made in this Note, including the promise to pay the full amount owed, Any persort who is & guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obli jons, inchiding the obligations of @ guarantor, surety oF endorser of this Note, also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against ch person individually or against all of us together. This means that any one of us may: be required to ay all of the amounts owed under this Note, 9, WAIVERS Fund any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Prescniment* means the right to require the Note Holder to demand payment of amounts due. Notice of Dishonor" means the right (o require the Note Holder to give notice to other persons that amounts duc 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 Trast, or Security Deed (the “Security Instrument"), dated the same date as this Noie, 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: ‘fall 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 of transferred) without Lender's prior written consent, Lender may require immediate payment in full of afl sums secured by this Security: tastrument, However, this option shall not bé 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 4 period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by thi Security Instrument. 1f Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11, DOCUMENTARY TAX The state documentary tax due ott this Note has been paid on the morigage securing this Indebtedness. os, © FLORIDA INTEREST ONLY FIXED RATE NOTE 2077FL (0102) Page 2 of 3 tnt: WITNESS THE HAND(S) AND § ZAL(S) OF THE UNDERSIGNED, GUerdin Renee Ly aeat (Seal) WENDY RENEE ir AYO “Borrower (Seal) Borrower (Seal) Rortower (Seal) “Borrower [Sign Original Onty] prio cae one ° atowt yar 8 ce a ioe poe a “ rot By. ‘paws ‘uet © FLORIDA INTEREST ONLY FIXED RATE NOTE ADIT LFL (012) Page 3 of 3