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Filing # 201599610 E-Filed 06/28/2024 03:53:08 PM
IN THE CIRCUIT CIVIL COURT OF THE FOURTH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR NASSAU COUNTY
CIVIL DIVISION
NAVY FEDERAL CREDIT UNION
Plaintiff,
vs.
Case No.
TAMMIE J FORD, DERRICK L FORD, BUCKHEAD
PROPERTY OWNERS ASSOCIATION, INC., Division
UNKNOWN TENANTS/OWNERS 1, UNKNOWN
TENANTS/OWNERS 2 , AND UNKNOWN
TENANTS/OWNERS 3,
Defendants.
/
VERIFIED
FORECLOSURE
MORTGAGE COMPLAINT
Plaintiff, NAVY FEDERAL CREDIT UNION, by and through its undersigned attorneys,
sues Defendants, TAMMIE J FORD, DERRICK L FORD, BUCKHEAD PROPERTY
OWNERS ASSOCIATION, INC., UNKNOWN TENANTS/OWNERS 1, UNKNOWN
TENANTS/OWNERS 2, and UNKNOWN TENANTS/OWNERS 3, and states:
GENERAL ALLEGATIONS
1 As of the date of the execution of this complaint, NAVY FEDERAL CREDIT
UNION, is the holder of the original note secured by the mortgage pursuant to 673.3011 Florida
Statutes. The Certification of Original Promissory Note is attached hereto.
2 Defendant(s), TAMMIE J FORD, DERRICK L FORD, is/are the record owner(s)
of the property sought to be foreclosed by the Plaintiff, and hold title to the property subject to
the Mortgage described herein.
3. Defendants, BUCKHEAD PROPERTY OWNERS ASSOCIATION, INC.,
UNKNOWN TENANTS/OWNERS 1, UNKNOWN TENANTS/OWNERS 2, and UNKNOWN
TENANTS/OWNERS 3, are persons and/or entities who have or may claim some right, title,
interest, or lien in, to, or upon the Property described below.
4. On or about March 9, 2018, TAMMIE J FORD AND DERRICK L FORD
executed and delivered a Note in favor of NAVY FEDERAL CREDIT UNION. A Mortgage
securing the Note was executed by TAMMIE J FORD AND DERRICK L FORD, WIFE AND
VERIFIED MORTGAGE FORECLOSURE COMPLAINT ‘NASSAU COUNTY
Mo6s0/2425682/ejw
Electronically Filed Nassau Case # 24CA000195AXYX 06/28/2024 03:53:08 PM.
JUN 27 2024
HUSBAND and recorded on March 15, 2018 in Official Records Book 2183, Page 1205, of the
Public Records of Nassau County, Florida, and mortgaged the property described in the
Mortgage then owned by and in possession of the mortgagors. Copies of the Mortgage and
Promissory Note are attached hereto.
5 On or about September 10, 2020 and November 30, 2022, Plaintiff and
Defendant entered into deferral agreements ("agreements") wherein Plaintiff agreed to defer
certain monthly installment payments, A copy of the agreements are attached hereto.
6. A default exists under the Note and Mortgage as a result of the amounts due under
the Note and Mortgage in that the payment due for December 1, 2023, and all subsequent
payments have not been made.
7 All conditions precedent to filing of this action have been performed or have
occurred.
8 Plaintiff hereby accelerates all principal and interest under the Note and
Mortgage to be immediately due and payable.
9 Plaintiff is due the sum of TWO HUNDRED THIRTY-ONE THOUSAND ONE
HUNDRED FIFTY-FIVE DOLLARS AND TWO CENTS ($231,155.02) in principal under the
Note and Mortgage, plus interest from November 1, 2023, title search expenses for ascertaining
necessary parties to this action, unpaid taxes, insurance premiums, accumulated late charges, and
inspection fees. The principal balance due on the Note and Mortgage consists of $220,367.18 as
to the Interest-Bearing Principal Balance, and $10,787.84 as to the Deferred Principal Balance,
as further defined by the deferment agreements.
10. As a result of the default under the Note and Mortgage, it has become necessary
for the Plaintiff to employ the undersigned attorneys to prosecute this action, and Plaintiff has
agreed to pay such attorneys a reasonable fee for their services. Under the terms and provisions
VERIFIED MORTGAGE FORECLOSURE COMPLAINT NASSAU COUNTY
Hosoraaseerchs
of the Note and Mortgage, Plaintiff is entitled to recover its reasonable attorney's fees in bringing
this action.
ll. Defendant(s), TAMMIE J FORD, DERRICK L FORD may claim an interest in
the subject property by virtue of a claim of ownership, possession and/or occupancy of the
Property.
12. Defendant(s), BUCKHEAD PROPERTY OWNERS ASSOCIATION, INC., may
claim some interest in the subject property by virtue of any lien filed pursuant to the Declaration
of Covenants and Restrictions or Declaration of Condominium and any amendments thereto
recorded in the Public Records of Nassau County, Florida. Said interest, however, is either
invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage.
13. Defendant(s), UNKNOWN TENANTS/OWNERS 1, may claim some interest in
the subject property by virtue of their possession of the property. Said interest, however, is either
invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage.
14. Defendant(s), UNKNOWN TENANTS/OWNERS 2, may claim some interest in
the subject property by virtue of their possession of the property. Said interest, however, is either
invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage.
15. Defendant(s), UNKNOWN TENANTS/OWNERS 3, may claim some interest in
the subject property by virtue of their possession of the property. Said interest, however, is either
invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage.
COUNT I
MORTGAGE FORECLOSURE
16. Plaintiff re-alleges and incorporates Paragraphs | through 15 of this Complaint.
17. This is an action to foreclose the first Mortgage on real property (the "Property")
in Nassau County, Florida, having a legal description as follows:
LOT 40, BUCKHEAD SUBDIVISION, ACCORDING TO PLAT THEREOF
RECORDED IN PLAT BOOK 6, PAGES 135 AND 136 OF THE PUBLIC RECORDS
OF NASSAU COUNTY, FLORIDA.
‘VERIFIED MORTGAGE FORECLOSURE COMPLAINT NASSAU COUNTY
1 rassonaasceny
BO
with a street address of 11006 FAWNWOOD CT, BRYCEVILLE, FL 32009, herein referred to
as "the Property.”
18. Under the terms of the Mortgage, and in accordance with Florida law, Plaintiff is
entitled to foreclosure of its Mortgage upon default in payment.
WHEREFORE, Plaintiff requests that this honorable Court:
{a) Take jurisdiction of the parties hereto and of the subject matter hereof,
) Order that the lien of Plaintiff's Mortgage is a valid first lien on the Property
described and is superior to any lien of record;
(©) Order foreclosure of the Mortgage, and that all Defendants named herein, their
estates, and all persons claiming under or against them since the filing of the Notice of Lis
Pendens, be foreclosed;
(d) Determine the amount due Plaintiff under the Note and Mortgage sued upon
herein, including costs, and award attorney’s fees as provided by the Note and Mortgage;
(©) Order that if said sum due Plaintiff is not paid in full within the time set by this
Court, the Property be sold by Order of-this Court to-satisfy-Plaintiff's claims; —-— —
@) Order that if the proceeds from such court ordered sale are insufficient to pay
Plaintiff's claim, then a deficiency judgment be entered for the remaining sum against all
Defendants who have assumed personal liability for same and who have not received a discharge
in bankruptcy;
(gs) Order delivery and possession of the real property to the Purchaser, who shall be
responsible for condominium or homeowner association assessments and other charges in
accordance with any applicable Declaration or §§718.116 and 720.3085, Florida Statutes,
respectively and upon proof of the demand or refusal of any Defendant to vacate and surrender
such possession, and the clerk be directed to issue a writ of possession without further order of
this Court;
VERIFIED MORTGAGE FORECLOSURE COMPLAINT NASSAU COUNTY
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(h) Retain jurisdiction to determine the amounts due for condominium or homeowner
association assessments and other charges in accordance with any applicable Declaration or
§§718.116 and 720.3085, Florida Statutes, respectively, should Plaintiff, its successors and
assigns, be the Purchaser.
@) Retain jurisdiction of this cause and the parties hereto to determine Plaintiff's
entitlement to a deficiency judgment and the amount thereof; and.
@ Grant such other and further relief as appears just and equitable under the
circumstances,
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK - THE
SIGNATURES OF THE PLAINTIFF AND ITS COUNSEL FOLLOW ON THE NEXT
PAGE]
‘VERIFIED MORTGAGE FORECLOSURE COMPLAINT NASSAU COUNTY
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NOTICE UNDER FAIR DEBT COLLECTION PRACTICES ACT
Pursuant to Title 15 United States Code Section 1692g(d), a communication in the form
of a formal pleading in a civil action shall not be treated as an initial communication for
urposes of subsection (a) of this section
VERIFICATION
OF FORECLOSURE COMPLAINT
Under penalty of perjury, I declare that I have read the foregoing Verified Mortgage
Foreclosure Complaint, and the facts alleged therein are true and correct to the best of my
knowledge and belief.
NAVY FEDERAL
By
Print Name: ‘on William,
Title: Assistant Manager
For: NAVY FEDERAL CREDIT UNION
Date: 6th. 2024
DATED: =
Jennifer M-&co ida Bar #59668
JScott@
orneys for Plaintiff
1505 N. Florid
3360
(813) 229-0
The mail address for electronic service
of all pleadings Th this case under Rule 2.516 Is as
lollows:
ForeclosureService@kasslaw.com
VERIFIED MORTGAGE FORECLOSURE COMPLAINT ‘NASSAU COUNTY
110650/2425682/cjw
Note
March 9, 2018 Jacksonville Florida
[Date} [City] [State]
11006 FAWNWOOD CT, Bryceville, FL 32009
[Property Address}
1. Borrower's Promise to Pay. In return for a loan that I have received, I promise to pay U.S. $244,200.00 (this
amount is called “Principal”, plus interest, to the order of the Lender. The Lender is Navy Federal Credit Union. I will
make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the “Note Holder”.
2. Interest. Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 5.250%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. Payments.
(A) Time and Place of Payments. I will pay principal and interest by making a payment every month.
I will make my monthly payment on the Ist day of each month beginning on May 1, 2018. I will make these payments
every month until I have paid all of the principal and interest and any other charges described below that I may owe
under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on April 1, 2048, I still owe amounts under this Note, I will pay those amounts in full on that date,
which is called the “Maturity Date”.
I will make my monthly payments at 820 Follin Lane, Vienna, VA 22180 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. $1,348.48.
4, Borrower's Right to Prepay.
T have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
“Prepayment”, When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use
my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of
my monthly payment unless the Note Holder agrees in writing to those changes.
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 refunded to me. The Note Holder may
choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. Ifa
refund reduces Principal, the reduction will be treated as a partial Prepayment.
6. Borrower's Fallure to Pay as Required.
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(A) Late Charges for Overdue Payments. If the Note Holder has not received the full amount of any monthly
payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The
amount of the charge will be 4.000% of my overdue payment of principal and interest.
I will pay this late charge promptly but only once on each late payment.
(B) Default. If] do not pay the full amount of each monthly payment on the date it is due, I will be in default,
(C) Notice of Default. If I am in default, the Note Holder may send me a written notice telling me that if I do not pay
the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal
which has not been paid and all the interest that I 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 Walver By Note Holder. Even if, at a time when I am in default, the Note Holder does not require me to
pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later
time.
{E) Payment of Note Holder's Costs and Expenses. If the Note Holder has required me to pay immediately
in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses
in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable
attorneys’ fees.
7. Giving of Notices. Unless applicable law requires a different method, any notice that must be given to me under this
Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if I 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 I am given a notice of
that different address.
8. Obligations of Persons Under This Note. If more than one person signs this Note, each person is fully and
personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed.
Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who
takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to
keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person
individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed
under this Note.
9. Waivers. J and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of
Dishonor” means the right to require the 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 that might result if 1 do not
keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described
as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is 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 15 within which Borrower must pay
all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
11, Documentary Tax. The state documentary tax due on this Note has been paid on the mortgage securing this
indebtedness.
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WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Borrower
-—
ry de : A
Seal LFO Seal
[Si Original Only]
an Origination Organization: Navy Federal Credit Loan Ori itor: Daniel Staub
Union
NMLs 1D
NMLs 1D:
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INSTR # 201808129, Book 2183, Page 1205 Doc Type MTG1, Pages 20, Recorded
03/15/2018 at 11:06 AM, John A Crawford, Nassau County Clerk of Circuit Court,
Mtg Doc: $854.70 Rec. Fee $171.50
Return To: Navy Federal Credit Union
P.O. Box 3340
Merrifield, VA 22119
This Document Was Prepared By:
Marylynne Garcia
5550 Heritage Oaks Dr
Pensacola, FL 32526
Mortgage
Definitions. Words used in multiple sections of this document are defined below and other words are
defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
document are also provided in Section 16.
(A) “Security Instrument” means this document, which is dated March 9, 2018, together with all
Riders to this document.
(B) “Borrower” is TAMMIE J FORD and DERRICK L FORD, WIFE AND HUSBAND.
Borrower is the mortgagor under this Security Instrument.
(C) “Lender” is Navy Federal Credit Union. Lender is a corporation organized and existing under
the laws of United States of America. Lender's address is 820 Follin Lane, Vienna, VA 22180.
Lender is the mortgagee under this Security Instrument.
(D) “Note” means the promissory note signed by Borrower and dated March 9, 2018. The Note
states that Borrower owes Lender two hundred forty four thousand two hundred and 00/100 Dollars
(U.S. $244,200.00) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than April 1, 2048.
(E) “Property” means the property that is described below under the heading "Transfer of Rights
in the Property.”
(F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
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INSTR # 201808129 Book 2183, Page 1206 Page Number: 2 of 20
(G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower [check box as applicable]:
O Adjustable Rate Rider © Condominium Rider OQ) Second Home Rider
© Balloon Rider ® Planned Unit Development Rider 1-4 Family Rider
Q VA Rider Q Biweekly Payment Rider O Other(s) [specify]
(H) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable
final, non-appealable judicial opinions.
(I) “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.
(J) “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 debit or 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.
(K) “Escrow Items” means those items that are described in Section 3.
(L) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages described
in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of
all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations
of, or omissions as to, the value and/or condition of the Property.
(M) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or
default on, the Loan.
(N) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest
under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. Section 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.
(P) “Successor in Interest of Borrower” means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument.
Transfer of Rights in the Property. This Security Instrument secures to Lender: (i) the repayment
of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of
Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower does hereby mortgage, grant and convey to Lender, the following described property located
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in the County [Type of Recording Jurisdiction] of Nassau [Name of Recording Jurisdiction]: SEE
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
Parcel ID Number: = - ef D -QOO which currently has the
address of 11006 FAWNWOOD CT [Street] Bryceville [City], Florida 32009 [Zip Code] (“Property
Address"):
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 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.
Uniform Covenants. Borrower and Lender covenant and agree as follows:
1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the
Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds
for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument
shall be made in U.S. currency. However, if any check or other instrument received by Lender as
payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require
that any or all subsequent payments due under the Note and this Security Instrument be made in one
or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check,
bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution
whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or
at such other location as may be designated by Lender in accordance with the notice provisions in
Section 15. Lender may return any payment or partial payment if the payment or partial payments are
insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient
to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse
such payment or partial payments in the future, but Lender is not obligated to apply such payments at
the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,
then Lender need not pay interest on 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.
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2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
all payments accepted and applied by Lender shall be applied in the following order of priority:
(a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3.
Such payments shall be applied to each Periodic Payment in the order in which it became due. Any
remaining amounts shall be applied first to late charges, second to any other amounts due under this
Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment
and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment
received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each
payment can be paid in full. To the extent that any excess exists after the payment is applied to the
full payment of one or more Periodic Payments, such excess may be applied to any late charges due.
Voluntary prepayments shall be applied first to any prepayment charges and then as described in 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, if any, or any sums payable by Borrower to Lender in lieu
of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
These items are called “Escrow Items.” At origination or at any time during the term of the Loan,
Lender may require that 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 15 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
FLORIDA.Single Family-Fannie MaeiFreddie Mac UNIFORM INSTRUMENT
‘Bankers Sysioma™ VMP®
=9412017
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Services a Page
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INSTR # 201808129 Book 2183, Page 1209 Page Number: 5 of 20
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 Lender is 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,
If there 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.
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
satisfactory 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.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
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
ELORIDA Single Fy Fania MonFrece Mac UNIFORM INSTRUMENT
042017
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INSTR # 201808129 Book 2183, Page 1210 Page Number: 6 of 20
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 sentences can
change during the term of the Loan. The insurance carrier 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, certification 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.
All insurance policies required by Lender and renewals of such policies shall be subject to 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 proceeds, 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.
FLORIDA Single Fariy Fue MeaFrecie Mac UNFORM INSTRUMENT Form 3010 1701
1
‘Wokers Kirwor Financial
Services eee Page 6 of 16
INSTR # 201808129 Book 2183, Page 1211 Page Number: 7 of 20
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond with
Related Content
in Nassau County
Case
452024CP000346CPAXYX
Jul 25, 2024 |
WILL DEPOSITED |
Probate/Guardianship 44-E |
452024CP000346CPAXYX
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CUSHING, ROBERT vs SIERRA NORTHERN RAILWAY
Jul 25, 2024 |
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CV-22-002183 – CUSHING, ROBERT vs SIERRA NORTHERN RAILWAY – Defendant Sierra Northern Railway’s Motion for Order Sealing Documents re: Motion for Summary Judgment – GRANTED, and unopposed.
The Court will sign the proposed order submitted by Defendant.
THE COURT’S PHONE SYSTEM IS DOWN. If you desire a hearing, you must email your request to the court before 4:00 p.m. today. In addition, your email must list the email addresses of all counsel who will appear at the hearing. Upon receipt, the court will schedule a Zoom hearing.
Ruling
IRENE YOUNG, ET AL. VS PACIFIC PLAZA ELITE - ALHAMBRA HOMEOWNERS ASSOCIATION, A CALIFORNIA CORPORATION; AND DOES 1-20;
Jul 31, 2024 |
22STCV08879
Case Number:
22STCV08879
Hearing Date:
July 31, 2024
Dept:
20
Tentative Ruling
Judge Kevin C. Brazile
Department 20
Hearing Date:
July 31, 2024
Case Name:
Young, et al. v. Pacific Plaza Elite-Alhambra Homeowners Association, et
al.
Case No.:
22STCV08879
Matter:
Motions to Compel Further Responses (4x)
Moving Party:
Plaintiffs Irene Young and Jesse Chang
Responding Party:
Defendant Pacific Plaza Elite-Alhambra Homeowners Association
Notice:
OK
Ruling:
The Motion as to Requests for Production is granted in part.
The Motions as to Form Interrogatories and Request for Admission
are granted.
Moving parties to give notice.
If counsel do not submit on the tentative, they are strongly
encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.
Plaintiffs Irene Young and Jesse Chang seek to compel further responses from Defendant Pacific Plaza Elite-Alhambra Homeowners Association as to their requests for production, set two, form interrogatories, set two, request for admission no. 15.
Request for Admission
Request for Admission no. 15 states, Admit that YOU have not repaired the defects that were the subject of the CONSTRUCTION DEFECT DISPUTE.
Previously, Defendant responded: After a reasonable inquiry concerning the matter contained in this request, admit in part and deny in part. The Court compelled a further response because there was no specificity as to what was admitted and denied.
Defendant then served the following amended response that is the subject of the current Motion: After a reasonable inquiry concerning the matter contained in this request, to the best of Responding Partys knowledge, the Developer has completed the repairs to Plaintiffs property and therefore responds: Deny.
Plaintiffs argue that this is evasive because the request did not relate to the Developer, who is never identified in the response anyway. They also contend that it is unclear whether the phrase Plaintiffs property relates to Plaintiffs unit or the entire condominium building that was the subject of the CONSTRUCTION DEFECT DISPUTE.
The Motion to Compel is granted. A further response should be provided in 10 days that (a) admits that Defendant itself did not do the repairs at issue, but (b) denies that the repairs were never done, because the developer, Pacific Plaza Investments, LLC, addressed them. This would seem to better embody a response that complies with CCP § 2033.220. The Court declines to award sanctions.
Form Interrogatories (2x)
The next Motions pertain to form interrogatory no. 17.1 as it relates to requests for admission nos. 7 and 15.
Given that the Court has required a further response for RFA no. 15, a further accompanying response should also be provided for FI no. 17.1.
With respect to request no. 7, the response for form interrogatory no. 17.1 is deficient. No facts or documents are specifically identified and no contact information is provided for Partners Community Management.
Thus, the Motions to Compel are grantedfurther responses are required within 30 days. The Court awards reduced sanctions to Plaintiffs in the amount of $750.
Requests for Production
With respect to the requests for production, Defendant contends that supplemental documents were served such that the Motion is moot. Defendant, however, never addresses its actual responses. The Motion is granted as to request nos. 1-7, 9-12, 15-22 because the non-privilege objections lack merit and Defendant should provide updated responses in which documents are identified with Bates numbers. For its privilege log, Defendant should indicate recipients and authors.
With respect to request nos. 8, 13, 14, 24, and 25, Defendant should provide a response that complies with Code Civ. Proc. § 2031.230. The Motion is denied without prejudice as to request no. 23, which seems to target predominantly privileged matters. Further responses are to be provided within 30 days. The Court awards Plaintiffs reduced sanctions in the amount of $750.
Moving parties to give notice.
If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.
Ruling
Ford vs GreenHorn Golf, LLC, a California Limited Liability Company
Jul 26, 2024 |
23CV47102
23CV47102
PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION
Plaintiff’s motion for preliminary injunction is on calendar for July 26, 2024. Defendant
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Ruling
MESCHINO, et al. vs THE IRWIN AND ANNETTE SHAPIRO TRUST, ORIG...
Jul 25, 2024 |
Civil Unlimited (Other Real Property (not emin...) |
23CV047195
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ORIGINALLY DATED 2/07/1986 AND AMENDED ON 8/15/2018, et al.
07/25/2024 Hearing on Motion to Continue Trial filed by Chris Meschino (Plaintiff) + in
Department 24
Tentative Ruling - 07/20/2024 Rebekah Evenson
The Motion to Continue Trial Date filed by Cindy Kok, Chris Meschino on 05/31/2024 is
Granted.
Plaintiffs' unopposed Motion to Continue Trial Date and Pretrial Conference Date is GRANTED.
The Case Management Conference currently scheduled for December 18, 2024 is CONTINUED
to April 2, 2025 at 9:00 a.m. in Department 24.
The Mandatory Settlement Conference currently scheduled for January 22, 2025 is
CONTINUED to May 5, 2025 at 9:00 a.m. in Department 301.
The pretrial conference currently scheduled for February 14, 2025 is CONTINUED to June 13,
2025 at 10:00 a.m. in Department 24.
The trial currently scheduled for February 24, 2025 is CONTINUED to June 23, 2025 at 9:30
a.m. in Department 24.
The Case Management Conference scheduled for 12/18/2024 is continued to 04/02/2025 at 09:00
AM in Department 24 at Rene C. Davidson Courthouse .
The Mandatory Settlement Conference (MSC) scheduled for 01/22/2025 is continued to
05/05/2025 at 09:00 AM in Department 301 at George E. McDonald Hall of Justice .
The Pre-Trial Conference scheduled for 02/14/2025 is continued to 06/13/2025 at 10:00 AM in
Department 24 at Rene C. Davidson Courthouse .
The Court Trial scheduled for 02/24/2025 is continued to 06/23/2025 at 09:30 AM in
Department 24 at Rene C. Davidson Courthouse .
Ruling
AHLUWALIA, NIRMAL KUMAR vs KHACHO, ESAM
Jul 27, 2024 |
CV-22-003529
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Ruling
YAEL MAGUIRE ET AL VS. EASTWOOD DEVELOPMENT INC. ET AL
Jul 23, 2024 |
CGC23607922
Real Property/Housing Court Law and Motion Calendar for July 23, 2024 line 3. DEFENDANT EASTWOOD DEVELOPMENT INC., LUCAS EASTWOOD, 4028 25TH STREET, LLC DEMURRER TO 1ST AMENDED COMPLAINT is continued to August 23, 2024 on Court's own motion. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
Axis Group Inc, a California Corporation et al. vs Mann Bros Group LLC, a California Limited Liability Company et al.
Apr 24, 2024 |
STK-CV-URP-2022-0012058
2022-12058 Axis Group Motion to Be Relieved as Counsel x 10 4/25/2024 Defense Attorney Thornton Louis Davidson of Thornton Davidson, P.C. brings a motion to withdraw as Attorney for MANN BROS GROUP, LLC; NIRMAL MANN; MANJINDER MANN; SAKINDER MANN; WILD HAWK INVESTMENTS, LLC; RAMESH BIRLA; YUVSHA, LLC; SHAMINDERJIT SANDHU; JAGNINDER BOPARAI; AND HARJIT KAUR. Having read the moving papers, the court issues the following tentative ruling: Appearances required. To assist the attorneys the court poses the following questions for discussion tomorrow: (1) Why shouldn’t all unopposed motions to be relieved as counsel be granted except that as to defendant RAMESH BIRLA, who apparently was not served with Mr. Davidson’s moving papers?; and (2) If defendant RANESH BIRLA is incarcerated as represented by Mr. Davidson in his Motion to Continue Motion to Relieved as Counsel, why continue the motion to be relieved as to RAMESH BIRLA until June 6, 2024 as the Code of Civil Procedure puts forth methods for serving incarcerated individuals and such service can surely be accomplished well before June 6, 2024? The parties may attend the hearing remotely. To attend the hearing remotely dial (209) 992-5590 and follow the prompts entering Bridge No. 6941 and Pin No. 5564. WATERS 4/24/2024 Directions for Contesting or Arguing the Tentative Ruling: Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear remotely no later than 4:00 PM on the day before the scheduled hearing. The Department, Case number, Case Name, and party’s name must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To conduct a remote appearance, follow the instructions below. There is a dedicated conference bridge lines for Dept. 11B. Call into dedicated conference bridge line at the time set for the hearing. To attend the remote hearing in Dept. 11B: Call into (209) 992-5590, then follow the prompts and use the Bridge # 6941 and Pin # 5564. The courtroom clerk will make announcements and the Judge will call the calendar. Please mute your phones when you are not speaking, and remember to unmute your phone when you are speaking. At this time, we are not able to provide information over the phone. To communicate with the Courtroom Clerk of Dept. 11B, please email questions to civilcourtclerks@sjcourts.org, indicating in the title of the email the Department, Case number, Case Name, and party’s name. A Courtroom Clerk will return your email. To ensure the Court has your most recent contact information, if you have not already done so, please register your email address and mobile number on the Court’s website under Online Services, Attorney Registration. (You do not have to be an attorney to register.) We thank you for your cooperation, assistance, patience and flexibility as we maneuver around the COVID-19 pandemic restrictions.
Ruling
YOUNG CHOW DAI VS PAUL P. CHENG & ASSOCIATES, ET AL.
Jul 30, 2024 |
Echo Dawn Ryan |
18STCV10177
Case Number:
18STCV10177
Hearing Date:
July 30, 2024
Dept:
26
Dai v. Paul P. Cheng & Associates, et al.
MOTION FOR LEAVE
TENTATIVE RULING:
Plaintiff Young Chow Dais Motion for Leave is DENIED.
ANALYSIS:
On December 31, 2018, Plaintiff Young Chow Dai (Plaintiff) filed the instant action against Defendants Paul P. Cheng & Associates and Marsha S. Mao. Plaintiff filed the operative Second Amended Complaint (SAC) on October 4, 2019 against Defendants Paul P. Cheng (Defendant Cheng), Marsha S. Mao (Defendant Mao), and Law Offices of Paul P. Cheng & Associates (Defendant Cheng & Associates). The SAC, which arises from alleged wrongful actions in connection with a settlement agreement, alleges causes of action for: (1) accounting; and (2) fraud.
On February 7, 2023, Defendant Cheng filed a motion for summary judgment (MSJ). On March 1, 2023, Defendant Cheng filed a motion to deem the truth of the matters in Defendants Requests for Admission, Set One, served on Plaintiff, admitted and for monetary sanctions. On April 12, 2023, Plaintiff filed a motion to transfer venue to the Santa Monica Courthouse.
On July 24, 2023, after hearing and oral argument, the Court: (1) granted the MSJ filed by Defendant Cheng; (2) granted Defendant Chengs motion to deem the truth of the matters in Defendants Requests for Admission, Set One, as admitted and awarded Defendant monetary sanctions; and (3) denied Plaintiffs motion to transfer and change venue. (Minute Order, 07/24/23.) On August 4, 2023, Defendant Cheng filed and served Notice of Entry of Judgment or Order as to the Courts July 24, 2023 order.
On August 7, 2023, Plaintiff filed a
Motion to Vacate Judgment and Enter a New and Different Judgment
. On August 8, 2023, the Court entered judgment in favor of Defendant Cheng and against Plaintiff. The Courts order for entry of summary judgment provides that Plaintiffs case against Defendant Paul P. Cheng is therefore dismissed with prejudice. (Minute Order, 08/08/23, p. 3:1-4.) Plaintiff filed an Amended Motion to Vacate Judgment and Enter a New and Different Judgment on August 11, 2023. Plaintiff filed similar motions to vacate on August 25, 2023 and September 29, 2023.
In a ruling considering all three Motions to Vacate, the Court denied the request to vacate the judgment on January 17, 2024. (Minute Order, 01/17/24.) Plaintiff then filed a Motion for Reconsideration on January 23, 2024. The Motion for Reconsideration was denied on March 26, 2024. (Minute Order, 03/26/24.) On April 16, 2024, the Court granted Defendants Motion to Deem Plaintiff a Vexatious Litigant. (Minute Order, 04/16/24.) Plaintiff sought to challenge that ruling via a motion in Department 1, which was denied on June 27, 2024. (Minute Order, 06/27/24.)
The instant Motion for Leave was filed by Plaintiff on May 2, 2024. The Motion was originally set for hearing on July 3, 2024 and then continued to July 30, 2024. Defendant filed an opposition on July 24, 2024.
The instant Motion does not explain what relief is sought or on what basis.
The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. (Cal. Rules of Court, Rule 3.1113(b).) Indeed, Plaintiffs failure to provide a memorandum as required by the Rule is an admission that the [request] is without merit and cause for its denial. (Cal. Rules of Court, Rule 3.1113(a), (b);
In re Marriage of Falcone & Fyke
(2012) 203 Cal.App.4th 964, 976.) As the Court cannot discern what relief Plaintiff seeks or the legal basis for any relief, the Motion for Leave is denied.
Conclusion
Plaintiff Young Chow Dais Motion for Leave is DENIED.
Court clerk to give notice.
Preview
Filing # 201599610 E-Filed 06/28/2024 03:53:08 PM IN THE CIRCUIT CIVIL COURT OF THE FOURTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR NASSAU COUNTY CIVIL DIVISION NAVY FEDERAL CREDIT UNION Plaintiff, vs. Case No. TAMMIE J FORD, DERRICK L FORD, BUCKHEAD PROPERTY OWNERS ASSOCIATION, INC., Division UNKNOWN TENANTS/OWNERS 1, UNKNOWN TENANTS/OWNERS 2 , AND UNKNOWN TENANTS/OWNERS 3, Defendants. / VERIFIED FORECLOSURE MORTGAGE COMPLAINT Plaintiff, NAVY FEDERAL CREDIT UNION, by and through its undersigned attorneys, sues Defendants, TAMMIE J FORD, DERRICK L FORD, BUCKHEAD PROPERTY OWNERS ASSOCIATION, INC., UNKNOWN TENANTS/OWNERS 1, UNKNOWN TENANTS/OWNERS 2, and UNKNOWN TENANTS/OWNERS 3, and states: GENERAL ALLEGATIONS 1 As of the date of the execution of this complaint, NAVY FEDERAL CREDIT UNION, is the holder of the original note secured by the mortgage pursuant to 673.3011 Florida Statutes. The Certification of Original Promissory Note is attached hereto. 2 Defendant(s), TAMMIE J FORD, DERRICK L FORD, is/are the record owner(s) of the property sought to be foreclosed by the Plaintiff, and hold title to the property subject to the Mortgage described herein. 3. Defendants, BUCKHEAD PROPERTY OWNERS ASSOCIATION, INC., UNKNOWN TENANTS/OWNERS 1, UNKNOWN TENANTS/OWNERS 2, and UNKNOWN TENANTS/OWNERS 3, are persons and/or entities who have or may claim some right, title, interest, or lien in, to, or upon the Property described below. 4. On or about March 9, 2018, TAMMIE J FORD AND DERRICK L FORD executed and delivered a Note in favor of NAVY FEDERAL CREDIT UNION. A Mortgage securing the Note was executed by TAMMIE J FORD AND DERRICK L FORD, WIFE AND VERIFIED MORTGAGE FORECLOSURE COMPLAINT ‘NASSAU COUNTY Mo6s0/2425682/ejw Electronically Filed Nassau Case # 24CA000195AXYX 06/28/2024 03:53:08 PM. JUN 27 2024 HUSBAND and recorded on March 15, 2018 in Official Records Book 2183, Page 1205, of the Public Records of Nassau County, Florida, and mortgaged the property described in the Mortgage then owned by and in possession of the mortgagors. Copies of the Mortgage and Promissory Note are attached hereto. 5 On or about September 10, 2020 and November 30, 2022, Plaintiff and Defendant entered into deferral agreements ("agreements") wherein Plaintiff agreed to defer certain monthly installment payments, A copy of the agreements are attached hereto. 6. A default exists under the Note and Mortgage as a result of the amounts due under the Note and Mortgage in that the payment due for December 1, 2023, and all subsequent payments have not been made. 7 All conditions precedent to filing of this action have been performed or have occurred. 8 Plaintiff hereby accelerates all principal and interest under the Note and Mortgage to be immediately due and payable. 9 Plaintiff is due the sum of TWO HUNDRED THIRTY-ONE THOUSAND ONE HUNDRED FIFTY-FIVE DOLLARS AND TWO CENTS ($231,155.02) in principal under the Note and Mortgage, plus interest from November 1, 2023, title search expenses for ascertaining necessary parties to this action, unpaid taxes, insurance premiums, accumulated late charges, and inspection fees. The principal balance due on the Note and Mortgage consists of $220,367.18 as to the Interest-Bearing Principal Balance, and $10,787.84 as to the Deferred Principal Balance, as further defined by the deferment agreements. 10. As a result of the default under the Note and Mortgage, it has become necessary for the Plaintiff to employ the undersigned attorneys to prosecute this action, and Plaintiff has agreed to pay such attorneys a reasonable fee for their services. Under the terms and provisions VERIFIED MORTGAGE FORECLOSURE COMPLAINT NASSAU COUNTY Hosoraaseerchs of the Note and Mortgage, Plaintiff is entitled to recover its reasonable attorney's fees in bringing this action. ll. Defendant(s), TAMMIE J FORD, DERRICK L FORD may claim an interest in the subject property by virtue of a claim of ownership, possession and/or occupancy of the Property. 12. Defendant(s), BUCKHEAD PROPERTY OWNERS ASSOCIATION, INC., may claim some interest in the subject property by virtue of any lien filed pursuant to the Declaration of Covenants and Restrictions or Declaration of Condominium and any amendments thereto recorded in the Public Records of Nassau County, Florida. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 13. Defendant(s), UNKNOWN TENANTS/OWNERS 1, may claim some interest in the subject property by virtue of their possession of the property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 14. Defendant(s), UNKNOWN TENANTS/OWNERS 2, may claim some interest in the subject property by virtue of their possession of the property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 15. Defendant(s), UNKNOWN TENANTS/OWNERS 3, may claim some interest in the subject property by virtue of their possession of the property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. COUNT I MORTGAGE FORECLOSURE 16. Plaintiff re-alleges and incorporates Paragraphs | through 15 of this Complaint. 17. This is an action to foreclose the first Mortgage on real property (the "Property") in Nassau County, Florida, having a legal description as follows: LOT 40, BUCKHEAD SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 6, PAGES 135 AND 136 OF THE PUBLIC RECORDS OF NASSAU COUNTY, FLORIDA. ‘VERIFIED MORTGAGE FORECLOSURE COMPLAINT NASSAU COUNTY 1 rassonaasceny BO with a street address of 11006 FAWNWOOD CT, BRYCEVILLE, FL 32009, herein referred to as "the Property.” 18. Under the terms of the Mortgage, and in accordance with Florida law, Plaintiff is entitled to foreclosure of its Mortgage upon default in payment. WHEREFORE, Plaintiff requests that this honorable Court: {a) Take jurisdiction of the parties hereto and of the subject matter hereof, ) Order that the lien of Plaintiff's Mortgage is a valid first lien on the Property described and is superior to any lien of record; (©) Order foreclosure of the Mortgage, and that all Defendants named herein, their estates, and all persons claiming under or against them since the filing of the Notice of Lis Pendens, be foreclosed; (d) Determine the amount due Plaintiff under the Note and Mortgage sued upon herein, including costs, and award attorney’s fees as provided by the Note and Mortgage; (©) Order that if said sum due Plaintiff is not paid in full within the time set by this Court, the Property be sold by Order of-this Court to-satisfy-Plaintiff's claims; —-— — @) Order that if the proceeds from such court ordered sale are insufficient to pay Plaintiff's claim, then a deficiency judgment be entered for the remaining sum against all Defendants who have assumed personal liability for same and who have not received a discharge in bankruptcy; (gs) Order delivery and possession of the real property to the Purchaser, who shall be responsible for condominium or homeowner association assessments and other charges in accordance with any applicable Declaration or §§718.116 and 720.3085, Florida Statutes, respectively and upon proof of the demand or refusal of any Defendant to vacate and surrender such possession, and the clerk be directed to issue a writ of possession without further order of this Court; VERIFIED MORTGAGE FORECLOSURE COMPLAINT NASSAU COUNTY 1 rassananseeisiy (h) Retain jurisdiction to determine the amounts due for condominium or homeowner association assessments and other charges in accordance with any applicable Declaration or §§718.116 and 720.3085, Florida Statutes, respectively, should Plaintiff, its successors and assigns, be the Purchaser. @) Retain jurisdiction of this cause and the parties hereto to determine Plaintiff's entitlement to a deficiency judgment and the amount thereof; and. @ Grant such other and further relief as appears just and equitable under the circumstances, [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK - THE SIGNATURES OF THE PLAINTIFF AND ITS COUNSEL FOLLOW ON THE NEXT PAGE] ‘VERIFIED MORTGAGE FORECLOSURE COMPLAINT NASSAU COUNTY 1 lossaraaaseniy NOTICE UNDER FAIR DEBT COLLECTION PRACTICES ACT Pursuant to Title 15 United States Code Section 1692g(d), a communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for urposes of subsection (a) of this section VERIFICATION OF FORECLOSURE COMPLAINT Under penalty of perjury, I declare that I have read the foregoing Verified Mortgage Foreclosure Complaint, and the facts alleged therein are true and correct to the best of my knowledge and belief. NAVY FEDERAL By Print Name: ‘on William, Title: Assistant Manager For: NAVY FEDERAL CREDIT UNION Date: 6th. 2024 DATED: = Jennifer M-&co ida Bar #59668 JScott@ orneys for Plaintiff 1505 N. Florid 3360 (813) 229-0 The mail address for electronic service of all pleadings Th this case under Rule 2.516 Is as lollows: ForeclosureService@kasslaw.com VERIFIED MORTGAGE FORECLOSURE COMPLAINT ‘NASSAU COUNTY 110650/2425682/cjw Note March 9, 2018 Jacksonville Florida [Date} [City] [State] 11006 FAWNWOOD CT, Bryceville, FL 32009 [Property Address} 1. Borrower's Promise to Pay. In return for a loan that I have received, I promise to pay U.S. $244,200.00 (this amount is called “Principal”, plus interest, to the order of the Lender. The Lender is Navy Federal Credit Union. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the “Note Holder”. 2. Interest. Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.250%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. Payments. (A) Time and Place of Payments. I will pay principal and interest by making a payment every month. I will make my monthly payment on the Ist day of each month beginning on May 1, 2018. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on April 1, 2048, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date”. I will make my monthly payments at 820 Follin Lane, Vienna, VA 22180 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. $1,348.48. 4, Borrower's Right to Prepay. T have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment”, When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 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 refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. Borrower's Fallure to Pay as Required. FLORIDA FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Ferm 3210 (08) Bankers Systems™ VMP® ‘Wolters Kiuwar Financial Services a Poge 1 of 3 (A) Late Charges for Overdue Payments. If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default. If] do not pay the full amount of each monthly payment on the date it is due, I will be in default, (C) Notice of Default. If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I 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 Walver By Note Holder. Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. {E) Payment of Note Holder's Costs and Expenses. If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. Giving of Notices. Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I 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 I am given a notice of that different address. 8. Obligations of Persons Under This Note. If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. Waivers. J and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the 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 that might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is 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 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11, Documentary Tax. The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. FLORIDA FIXED RATE NOTE-Single Family-Fannie Mue/Freddie Mac UNIFORM INSTRUMENT Form 3210 (1/01) Bankers Systems™Vi 05/2017 Wolters Kluwer Financial Services: PT Page 2of3 WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Borrower -— ry de : A Seal LFO Seal [Si Original Only] an Origination Organization: Navy Federal Credit Loan Ori itor: Daniel Staub Union NMLs 1D NMLs 1D: FLORIDA FIXED RATE NOTE-Singla Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form $210 (108) Bankers Systems™ VMP® Wolters Kluwer Financial Services aaa Page 3.0f3 INSTR # 201808129, Book 2183, Page 1205 Doc Type MTG1, Pages 20, Recorded 03/15/2018 at 11:06 AM, John A Crawford, Nassau County Clerk of Circuit Court, Mtg Doc: $854.70 Rec. Fee $171.50 Return To: Navy Federal Credit Union P.O. Box 3340 Merrifield, VA 22119 This Document Was Prepared By: Marylynne Garcia 5550 Heritage Oaks Dr Pensacola, FL 32526 Mortgage Definitions. Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) “Security Instrument” means this document, which is dated March 9, 2018, together with all Riders to this document. (B) “Borrower” is TAMMIE J FORD and DERRICK L FORD, WIFE AND HUSBAND. Borrower is the mortgagor under this Security Instrument. (C) “Lender” is Navy Federal Credit Union. Lender is a corporation organized and existing under the laws of United States of America. Lender's address is 820 Follin Lane, Vienna, VA 22180. Lender is the mortgagee under this Security Instrument. (D) “Note” means the promissory note signed by Borrower and dated March 9, 2018. The Note states that Borrower owes Lender two hundred forty four thousand two hundred and 00/100 Dollars (U.S. $244,200.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2048. (E) “Property” means the property that is described below under the heading "Transfer of Rights in the Property.” (F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Bankers Systems™ VMI —042017 Wolters Kluwer Financial Services as Page 1 0f16 INSTR # 201808129 Book 2183, Page 1206 Page Number: 2 of 20 (G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: O Adjustable Rate Rider © Condominium Rider OQ) Second Home Rider © Balloon Rider ® Planned Unit Development Rider 1-4 Family Rider Q VA Rider Q Biweekly Payment Rider O Other(s) [specify] (H) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) “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. (J) “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 debit or 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. (K) “Escrow Items” means those items that are described in Section 3. (L) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. Section 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. (P) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. Transfer of Rights in the Property. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following described property located FLORIDA-Single Family-Funnie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3010 1701 Bankers Systerss™ VMP® 0472017 ‘Wolters Kiuwer Financial Services Ea Page 2 of 16 INSTR # 201808129 Book 2183, Page 1207 Page Number: 3 of 20 in the County [Type of Recording Jurisdiction] of Nassau [Name of Recording Jurisdiction]: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Parcel ID Number: = - ef D -QOO which currently has the address of 11006 FAWNWOOD CT [Street] Bryceville [City], Florida 32009 [Zip Code] (“Property Address"): 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 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. Uniform Covenants. Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on 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. FLORIDA-Single Famly-FéFane Meatredda Hac UNIFORM INSTRUMENT Form 2010 101 Bankers Systems VMI Wolters Khiwer Financial Services ees Page Jot 16 ~ INSTR # 201808129 Book 2183, Page 1208 Page Number: 4 of 20 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in 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, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that 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 15 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 FLORIDA.Single Family-Fannie MaeiFreddie Mac UNIFORM INSTRUMENT ‘Bankers Sysioma™ VMP® =9412017 ‘Wolters Kiuwer Financial Services a Page 4 of 16 INSTR # 201808129 Book 2183, Page 1209 Page Number: 5 of 20 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 Lender is 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, If there 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. 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 satisfactory 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. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 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 ELORIDA Single Fy Fania MonFrece Mac UNIFORM INSTRUMENT 042017 Wolters Kluwer Financial Services a Page S of 16 INSTR # 201808129 Book 2183, Page 1210 Page Number: 6 of 20 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 sentences can change during the term of the Loan. The insurance carrier 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, certification 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. All insurance policies required by Lender and renewals of such policies shall be subject to 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 proceeds, 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. FLORIDA Single Fariy Fue MeaFrecie Mac UNFORM INSTRUMENT Form 3010 1701 1 ‘Wokers Kirwor Financial Services eee Page 6 of 16 INSTR # 201808129 Book 2183, Page 1211 Page Number: 7 of 20 If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond with