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**** CASE NUMBER: 502024CA006244XXXAMB Div: Al ****
Filing # 201875393 E-Filed 07/03/2024 12:35:46 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
NEWREZ LLC D/B/A SHELLPOINT
MORTGAGE SERVICING,
Plaintiff,
vs.
THE UNKNOWN HEIRS,
BENEFICIARIES, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL
OTHERS WHO MAY CLAIM AN
INTEREST IN THE ESTATE OF
SANDRA G. FRESHLEY A/K/A SANDRA
GAYLE FRESHLEY, DECEASED;
SHAWNYEL MEIYA CRICHLOW;
PALM BEACH COUNTY, FLORIDA,
Defendant(s).
/
VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE
Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, sues the
Defendants and alleges:
COUNT _I-MORTGAGE FORECLOSURE
1 This is an action to foreclose a mortgage on real property in PALM BEACH County, Florida.
2. The Court has jurisdiction over the subject matter.
3. On April 12, 2017, SANDRA G. FRESHLEY A/K/A SANDRA GAYLE FRESHLEY,
DECEASED executed and delivered a promissory note and a mortgage securing payment of
the note to BRANCH BANKING AND TRUST COMPANY. A copy of the note is attached
hereto as Exhibit "A". The Mortgage was recorded on April 20, 2017 in Official Records Book
29032, at Page 0568, of the Public Records of Palm Beach County, Florida, and mortgaged the
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24-204503 - EIP
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/03/2024 12:35:46 PM
property described in the mortgage then owned by the Mortgagor(s). A copy of the mortgage
is attached hereto as Exhibit "B".
4. The legal description of the subject property is as follows:
LOT 2, BLOCK 10, REPLAT OF PART OF BLOCKS 5, 6, 7, 9, 10, AND 20, AND PART OF
OSCEOLA PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 24, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPT A PORTION OF SAID LOT 2, AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID LOT 2, RUN N02°20'04"E ALONG THE WEST LINE OF
SAID LOT 2 A DISTANCE OF 67.36 FEET TO A POINT ON A CURVE CONCAVE TO THE
NORTHEAST HAVING A RADIUS OF 510.72 FEET AND WHOSE CENTER BEARS
N10°14'20"E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 07°02'10" A DISTANCE OF 62.72 FEET TO A POINT OF NON-
TANGENCY; THENCE S02°20'03"W ALONG THE EASTERLY LINE OF SAID LOT 2 A
DISTANCE OF 62.13 FEET; THENCE N88°03'53"W ALONG THE SOUTHERLY LINE OF
SAID LOT 2 A DISTANCE OF 62.50 FEET TO THE POINT OF BEGINNING.
5 The Plaintiff's Mortgage is a lien superior in dignity to any prior or subsequent right, title,
claim, lien, or interest of any defendant in this action, including but not limited to, any interest
arising out of Mortgagor(s) or Mortgagor(s)' predecessor(s) and/or successors in interest.
Plaintiff is the holder of the original Note secured by the Mortgage.
Defendant(s) have defaulted under the Note and Mortgage by failing to pay the payment due
October 1, 2023, and all subsequent payments.
Plaintiff declares the full amount payable under the Note and Mortgage to be due.
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Pursuant to the terms of the note and mortgage, and except for those Defendants who have
been discharged in bankruptcy, Defendant(s) owe Plaintiff $106,822.22 that is due and owing
on principal on the Note and Mortgage, plus interest from and after September 1, 2023, and
title search expenses for ascertaining necessary parties to this action.
10 On or about July 27, 2023, SANDRA G. FRESHLEY A/K/A SANDRA GAYLE FRESHLEY
died.
11 In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes,
premiums on insurance required by the Mortgage and other necessary costs, or may be required
to make such advances during the pendency of this action. Any such sum(s) so paid will also
be due and owing pursuant to the terms of the note and mortgage.
12 The property is now owned by Defendant(s) THE UNKNOWN HEIRS, BENEFICIARIES,
DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL
OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF SANDRA G.
FRESHLEY A/K/A SANDRA GAYLE FRESHLEY, DECEASED who now hold(s)
possession.
13. All conditions precedent to the acceleration of this note and mortgage and to foreclosure of the
mortgage have occurred, been satisfied or been waived.
14 Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled
to recover its attorneys’ fees pursuant to the express terms of the Note and Mortgage.
15 Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and
subject to the prior claim of Plaintiff.
16 The Defendant, SHAWNYEL MEIYA CRICHLOW, may claim some right, title, or interest
in the property herein sought to be foreclosed by virtue of POTENTIAL
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BENEFICIARY/HEIR OF THE ESTATE OF SANDRA G. FRESHLEY A/K/A SANDRA
GAYLE FRESHLEY, DECEASED or some other unknown interest, the exact nature of which
is unknown to Plaintiff and not a matter of public record. However, said interest, if any, is
subordinate, junior, and inferior to the lien of Plaintiff's mortgage.
17. Any interest in the property inuring to the Defendant, PALM BEACH COUNTY, FLORIDA,
is subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to,
MORTGAGE recorded April 20, 2017, in Official Record Book 29032 at Page 584 of the
Public Records of Palm Beach County, Florida.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and, when
applicable, attorneys' fees), and, if the proceeds of the sale are insufficient to pay Plaintiff's
judgment, Plaintiff asks the court to reserve jurisdiction to determine whether a deficiency is
appropriate, in the event it is sought. Subject to any applicable statute of limitations, Plaintiff
further requests that the Court ascertain the amount due to Plaintiff for principal and interest on
the Mortgage and Note, and for late charges, abstracting, taxes, expenses and costs, including
attorney's fees, plus interest thereon. If the sums due Plaintiff under the Mortgage and Note are not
paid immediately, Plaintiff requests that the Court foreclose the Mortgage and the Clerk of the
Court sell the Property securing the indebtedness to satisfy the Plaintiffs mortgage lien in
accordance with the provisions of Florida Statutes §45.031 (2006); and that the rights, title and
interest of any Defendant, or any party claiming by, through, under or against any Defendant
named herein or hereinafter made a Defendant be forever barred and foreclosed. Plaintiff further
requests, where applicable, that the Court appoint a receiver of the Property and of the rents, issues,
income and profits thereof, or in the alternative, order sequestration of rents, issues, income and
profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction of this
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action to make any and all further orders and judgments as may be necessary and proper, including
the issuance of a writ of possession and the entry of a deficiency judgment decree, when and if
such deficiency decree shall appear proper, provided Borrower(s) has/have not been discharged in
bankruptcy. Finally, Plaintiff asks the Court to retain jurisdiction to resolve disputes that might
arise with respect to assessments due or allegedly due to any Homeowners or Condominium
Association, if applicable.
VERIFICATION OF COMPLAINT
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
/
Executed on this 27th day of June » 2024
By: Vetta bu
Print Name: Kenneth’Wigley
Title: Document Verification Specialist
Company: NEWREZ, LLC F/K/A NEW PENN
FINANCIAL LLC D/B/A SHELLPOINT
MORTGAGE SERVICING
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: FLmail@raslg.com
/s/ Melissa Konick
Melissa Konick, Esq.,
FL Bar No. 17569
Email: mkonick@raslg.com
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i
Note
April 12, 2017 Lake Worth Florida
[Date] [City] [State]
313 W 13th Street, RIVIERA BEACH, FL 33404
[Property Address}
1. Borrower's Promise to Pay. In return for a loan that I have received, I promise to pay U.S. $120,000.00 (this
amount is called “Principal”, plus interest, to the order of the Lender. The Lender is Branch Banking and Trust
Company. I will make all payments under this Note in the form of cash, check or money order.
Lunderstand 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 4.875%.
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 June 1, 2017. 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 May 1, 2047, 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 223 West Nash Street, Wilson, NC 27893 or at a different place if required by the
Note Holder.
(B) Amount of Monthly Payments. My monthly payment will be in the amount ofU.S. $635.05.
4 Borrower's Right to Prepay.
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
“Prepayment”. When | make 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 | 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 1 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 Failure 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 5.000% 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 I 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 1 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 Waiver By Note Holder. Even if, at a time when J 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 J 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. Gi ing 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. I 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 Holderto 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.
40. 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 I 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.
411. 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-Fancie Mao/Fredcie Mac UNIFORM INSTRUMENT Formate1012016
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WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Borrower
andra G Freshle
rhly Sea
{Sign Original Only]
Loan Origination Organization: Branch Banking and Loan Originator: Catherine Albamonte
Trust Company NMLS ID: 414620
NMLS ID: 399803
WITHOUT RECOURSE
PAY TQ THE ORDER OF
BRANCH BANKING AND TRUST COMPANY
Qua mn folreer
BY
SULIE M. PALMER, VP
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Bankers Systems™ VI
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CFN 2317014023846
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RECORDED 04/20/2017 13240214
ANT 1200000.)
Deed Doc 420.00
Intans 240.00
Falm Beach County, Flori
Sharon R. BocksCLERK & COMPTROLLER
Fas 0568 - 583% (1épas)
Return To:
This Document Was Prepared By:
Allan Boreland
223 West Nash Street
Wilson, NC 27893
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 Gertain rules regarding the usage of words used in this
.
document are also provided in Section 16. i
(A) “Security Instrument” means this document, whieh is dated April 12, 2017, together with all
Riders to this document.
(B) “Borrower” is Sandra G Freshley, a single woman. Borrower is the mortgagor under this
Security Instrument.
(C) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation
that is acting solely as a nominee for Lender and Lender's successors.and assigns. MERS is the
mortgagee under this Security Instrument. MERS is organized and existing under the laws of
Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel.
(888) 679-MERS.
(D) “Lender” is Branch Banking and Trust Company. Lender is a state non-member. bank
organized and existing under the laws of North Carolina, Lender's address is 223 West, Nash Street,
Wilson, NC 27893.
(E) “Note” means the promissory note signed by Borrower and dated April 12, 2017. The
Note states that Borrower owes Lender one hundred twenty thousand and 00/100 Dollars (U.S.
$120,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments
and to pay the debt in full not later than May 1, 2047.
(F) “Property” means the property that is described below under the heading "Transfer of Rights in
the Property.”
>.LOAN
APPL#: Form 3010 1/01
FLORIDA-Single Family-Fannio Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS 01/2017
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(G) “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.
(H) “Riders” means all Riders to this Security Instrument that are executed by Borrower, The
following Riders are to be executed by Borrower [check box as applicable]:
Q Adjustable Rate Rider Condominium Rider © Second Home Rider
Balloon Rider o Planned Unit Development Rider a 1-4 Family Rider
0 VA Rider Q_ Biweekly Payment Rider © Other(s) [specify]
() “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.
(J) “Community Association Dues, ‘ees, and Assessments” means all dues, fees, assessments
and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association similar organization.
(K) “Electronic Funds insfer ” means any transfer of funds, other than a transaction originated
by check, draft, or simil: aperinstrument, 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 ataccoul uch term includes, but is not limited to, point-of-sale
transfers, automated teller machine-transactions, transfers initiated by telephone, wire transfers, and
automated clearinghouse transfers.
(L) “Escrow Items" means those items® are described in Section 3.
(M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages described
in Section 5) for: (i) damage to, or destruction ofthe 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.
(N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or
default on, the Loan.
(O) “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.
(P) “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.
(Q) “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
a a LOAN #:
FLORIDA-Single Family-Fannie Mae/Freddie Mec UNIFORM INSTRUMENT WITH MERS. Form 3010 1/01
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of Borrower's covenants and agreements under this Security Instrument and the Note. For this
purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender
and Lender's successors and assigns) and to the successors and assigns of MERS, the following,
described property located in the County [Type of Recording Jurisdiction] of PALM BEACH [Name
of Recording Jurisdiction]: See Exhibit A
Parcel ID Number: 56-43-42-33-07-010-0021 which currently has the address of 313 W 13t h Street
[Street] RIVIERA BEACH [City], Florida 33404 [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 understands and agrees that MERS holds only legal title to
the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise
any or all of those interests, including, but not limited to, the right to foreclose and sell the Property;
and to take any action requii .d of Lender including, but not limited to, releasing and canceling this
Security Instrument.
BORROWER COVENAN hat-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 combin: iform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering,
real property.
Uniform Covenants. jorrower and Lender covenant and agree as follows:
41. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shal! 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
Yo
APPL# LOAN #
FLORIDA-Single Family-Fonnie Mae/Freddie Mac UNIFORM INSTRUMENT (TH MERS. Form 3010 101
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Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,
such funds will be applied to the outstanding principal balance under the Note immediately prior
to foreclosure. No offset or claim which Borrower might have now or in the future against Lender
shall relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
all payments accepted and applied by Lender shall be applied in the following order of priority:
(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 fail e extent that any excess exists after the payment is applicd to the
full payment of one or more idic:Payments, such excess may be applied to any late charges due.
Voluntary prepayments shall be. ied st 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 withthe 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. Borrowershall 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 ‘tised: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
So:
LOAN #:
APPLE Form 3010 1/01
FLORI a Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS 01/2017
Bankers Systems™ VMI Page 4 of 15
‘Wolters Kluwer Financial Services (nenemannee
Book29032/Page572
CFN#20170140286
Page 5 of 16
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
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 intérest 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 éscrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in-aceordance with RESPA. Ifthere 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‘ig'a deficiency of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower: required by RESPA, and Borrower shall pay to Lender
the amount necessary to make up the deficiency in aceordance with RESPA, but in no more than 12
monthly payments.
Upon payment in full of all sums secured by this Sectirity Instrument, Lender shal! 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
Yr
APPL LOAN.
FLORIDA-Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS. 01/2017
Bankers Systems™ VMi Page
$ of 15
Wolters Kluwer Financial Services a
Book29032/Page573
CFN#20170140286
Page 6 of 16
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
insurance. This insurance shal! 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 maintai any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Boirower's expense. Lender is under no obligation to purchase any
particular type or amount of cov rag therefore, such coverage shall cover Lender, but might or
might not protect Borrower, Borrower' duity 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 th surance coverage so obtained might significantly exceed
the cost of insurance that Borrower could-hai ibtained. Any amounts disbursed by Lender under
this Section 5 shall become additional debt o: orrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from thedate.of disbursement and shall be payable, with
such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewalsof 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
} 2:
LOAN #
APPLa Form 3010 1/04
FLORIDA-Single Family-F annie Mee/Freddie Mac UNIFORM INSTRUMENT WITH MERS. 012017
Bankers Systoms™ VMI Page 6 of 15
‘Wolters Kluwer Financial Services —Eee
Book29032/Page574
CFN#20170140286
Page 7 of 16
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
Related Content
in Palm Beach County
Ruling
Gary Kidgell vs County of Merced
Jul 24, 2024 |
23CV-04276
23CV-04276 Gary Kidgell v. County of Merced
Demurrer by Defendant County of Merced to first, third, fourth, fifth and sixth causes of action in
Second Amended complaint
The Demurrer to the Second Amended Complaint’s First Cause of Action for Cancellation
of a Written Instrument for failure to state a claim not barred by the statute of limitations
is SUSTAINED WITH LEAVE TO AMEND to plead around the statute of limitations.
The Demurrer to the Second Amended Complaint’s Third cause of Action for failure to
allege a fiduciary duty that was breached by the County of Merced is SUSTAINED WITH
LEAVE TO AMEND to state facts establishing a fiduciary duty owed to Plaintiff by the
City of Merced.
The Demurrer to the Second Amended Complaint’s Fourth cause of Action for failure to
allege a statutory basis for liability against the County of Merced is SUSTAINED WITH
LEAVE TO AMEND to state a statutory basis for Plaintiff’s claim.
The Demurrer to the Second Amended Complaint’s Fifth cause of Action for failure
conduct a fraud investigation of recorded documents is SUSTAINED WITH LEAVE TO
AMEND to state fact establishing a duty to conduct an investigation of recorded
documents.
The Demurrer to the Second Amended Complaint’s Sixth cause of Action for breach of
duty is SUSTAINED WITH LEAVE TO AMEND to state fact establishing a duty to breached
by the recording of the subject deed.
Motion to Strike Proofs of Service and Punitive Damages Claims in Second Amended
Complaint by Defendant City of Merced
The Motion to Strike Punitive Damages Claims is GRANTED WITH LEAVE TO AMEND to
state a cause of action and grounds for an award of punitive damages.
The Motion to Strike Proof of Service filed with the Court is DENIED AS MOOT given that
Defendant has made a general appearance in this action by filing a demurrer addressing
the merits of various causes of action therein. (See e.g. Fireman’s Fund Ins. Company v.
Sparks Construction, Inc. (2004) 114 Cal.App.4th 1135, 1145.)
Ruling
FLORIDALMA AGUSTIN, ET AL. VS GARY GILLMAN, AS TRUSTEE OF THE GILLMAN FAMILY TRUST, ET AL.
Jul 29, 2024 |
23STCV11783
Case Number:
23STCV11783
Hearing Date:
July 29, 2024
Dept:
56
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
FLORIDALMA AGUSTIN,
et al.
,
Plaintiffs,
vs.
GARY GILLMAN,
et al.
,
Defendants.
CASE NO.: 23STCV11783
[TENTATIVE] ORDER RE: PETITIONS FOR APPROVAL OF COMPROMISE OF CLAIM OR ACTION OF DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR
Date: July 29, 2024
Time: 9:00 a.m.
Dept. 56
MOVING PARTY:
Plaintiff Floridalma Agustin (Petitioner)
The Court has considered the moving papers.
No opposition papers were filed.
Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (CCP) section 1005, subdivision (b).
BACKGROUND
Petitioner, individually and as guardian ad litem for minor claimants Kayro Jehiel Carranza-Agustin (10); Loida Jocabed Carranza (8); and Elimelec Aliel Carranza-Agustin (4) (collectively, Minor Claimants), and Plaintiff Hugo Adolfo Carranza (collectively Plaintiffs), initiated this action against Defendants Gary Gillman; Debbie Gillman; and Encino Management Services (collectively, Defendants).
This action arises out of a landlord/tenant relationship.
The complaint alleges: (1) breach of warranty of habitability; (2) breach of covenant of quiet enjoyment; (3) negligence; and (4) breach of contract.
Petitioner filed the instant petitions to approve the compromise of disputed claim on behalf of Minor Claimants (collectively, the Petitions).
DISCUSSION
If an action is pending and settlement is effected prior to trial, the minors compromise must be approved by the court.
(CCP § 372.)
A petition to approve a minors compromise is governed by California
Rules of Court
(CRC)
, rules 7.950,
et seq
. and
Probate Code
sections 3500 and 3600
et seq
.
The trial court is authorized to approve and allow payment of reasonable expenses, costs, and attorney fees in an action concerning the compromise of a minors claim.
(Prob. Code, § 3601, subd. (a);
Curtis v. Estate of Fagan
(2000) 82 Cal.App.4th 270, 277-79;
see also
CCP § 373.5.)
Attorneys Fees
Unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.
(CRC, r. 7.955(a).)
The court must give consideration to the terms of the agreement between the attorney and minors representative and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made.
(CRC, r. 7.955(a)(2).)
CRC Rule 7.955(b)(2) sets out nonexclusive factors the court may consider in determining the reasonableness of attorneys fees in connection with a petition for minors compromise.
Under CRC Rule 7.955(c), the petition must include a declaration by the attorney addressing the factors set forth in CRC Rule 7.955(b)(2) that are applicable to the matter that is before the Court.
Here, the Minor Claimants, by and through Petitioner, their guardian ad litem, have agreed to settle their claims against Defendants in exchange for $5,000 each.
Upon approval, $1,250 of each settlement payment will be allocated towards attorneys fees, and $725.61 will be used to reimburse the fees and costs advanced by Plaintiffs' counsel, leaving a balance of $3,024.39 to be disbursed to Petitioner for each minor claimant.
The Court finds that the settlement is fair and reasonable.
Further, the Court considers the requested amount in attorneys fees, which amounts to 25% of each settlement payment, to be fair and reasonable.
For these reasons and because they are unopposed, the Court provisionally GRANTS the Petitions, conditioned on Petitioner appearing (either remotely or in person) at the hearing.
(
Sexton v. Superior Court
(1997) 58 Cal.App.4th 1403, 1410.)
Moving party is ordered to give notice of this ruling.
Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 29th day of July 2024
Hon. Holly J. Fujie
Judge of the Superior Court
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
ATLANTIC MANAGEMENT, LLC VS LOS ANGELES CLINICA MEDICA GENERAL MEDICAL CENTER, INC.
Jul 26, 2024 |
23STCV28108
Case Number:
23STCV28108
Hearing Date:
July 26, 2024
Dept:
47
Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE:
July 26, 2024
TRIAL DATE:
NOT SET
CASE:
Atlantic Management LLC v. Los Angeles Clinica Medica General Medical Center, Inc.
CASE NO.:
23STCV28108
MOTION TO CONSOLIDATE
MOVING PARTY
: Defendant Los Angeles Clinica Medica General Medical Center, Inc.
RESPONDING PARTY(S)
: Plaintiff Atlantic Management, LLC
CASE HISTORY
:
·
11/15/23: Complaint filed.
·
05/21/24: Dismissal entered without prejudice as to all parties and all causes of action.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
This is an unlawful detainer action. Plaintiff alleges that Defendant failed to timely vacate the premises after failing to exercise an option to renew or extend the commercial lease agreement between the parties.
Defendant moves to consolidate this action with three other actions.
TENTATIVE RULING:
Defendants Motion to Consolidate is DENIED.
DISCUSSION:
Defendant to consolidate this action,
Atlantic Management LLC v. Los Angeles Clinica Medica General Medical Center, Inc
., Case No. 23STCV28108, with two other unlawful detainer actions with the same title, Case Nos. 23STUD14911 and 24STCV11586, and with the civil action entitled
Los Angeles Clinica Medica General Medical Center Inc. v. Atlantic Management LLC
, Case No. 24STCV13007.
Legal Standard for Consolidation
When actions involving a common question of law or fact are pending before the court, it may order a
joint hearing or trial
of any or all the matters in issue in the actions; it may order
all the actions consolidated
and it may make
such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay
.
(Code Civ. Proc. § 1048(a), bold emphasis added.)
Requests for Judicial Notice
Plaintiff requests that the Court take judicial notice of (1) the Request for Dismissal in this action and (2) the Request for Dismissal in the identically titled action with Case No. 23STUD14911. Plaintiffs request is GRANTED pursuant to Evidence Code section 452(d) (court records).
Procedural Requirements
A motion to consolidate must satisfy the requirements of California Rules of Court Rule 3.350, which provides, in relevant part:
(a) Requirements of motion
(1) A notice of motion to consolidate must:
(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of
record;
(B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and
(C) Be filed in each case sought to be consolidated.
(2) The motion to consolidate:
(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered
case;
(B) Must be served on all attorneys of record and all
nonrepresented
parties in all of the cases sought to be consolidated; and
(C) Must have a proof of service filed as part of the motion.
(Cal. Rules of Court Rule 3.350(a).)
Under Los Angeles Superior Court Local Rule 3.3(g), cases must be related into the same department prior to consolidation.
Defendant seeks to consolidate this action,
Atlantic Management LLC v. Los Angeles Clinica Medica General Medical Center, Inc.
, Case No. 23STCV28108, with two other unlawful detainer actions with the same title, Case Nos. 23STUD14911 and 24STCV11586, and with the civil action entitled
Los Angeles Clinica Medica General Medical Center Inc. v. Atlantic Management LLC
, Case No. 24STCV13007.
The moving party has
not
listed the parties who have appeared in each case in the notice of motion, as required by Rule 3.350(a)(1)(A). Defendant merely recites the abbreviated case names with docket numbers for each of the cases at issue. (See Notice of Motion pp.1-2.) The moving party also has
not
listed the names of the respective attorneys of record, as required by Rule 3.350(a)(1)(A). The motion does not contain the
captions
of all the cases sought to be consolidated, as required by Rule 3.350(a)(1)(B), nor has it been filed in any of the other actions as required by Rule 3.350(a)(1)(C). Further, Defendant has neglected to include a proof of service or provide any evidence that the motion was served on
all
attorneys of record and
all
nonrepresented parties in
all
cases, as required by Rule 3.350(a)(2)(B)-(C). Moreover, the other three actions have not been related into this department, as required by Local Rule 3.3(g).
While the parties are identical across the three unlawful detainer actions and have retained the same counsel in all three cases, the civil action (Case No. 24STCV13007) names an additional party, Sergio Gutierrez, as a defendant, who is not accounted for in any of the papers. The Court therefore cannot find that Defendant has complied with the procedural requirements for a motion to consolidate.
CONCLUSION
:
Accordingly, Defendants Motion to Consolidate is DENIED.
Moving
Party
to give notice.
IT IS SO ORDERED.
Dated: July 26, 2024 ___________________________________
Theresa M. Traber
Judge of the Superior Court
Any party may submit on the tentative ruling by contacting the courtroom via email at
Smcdept47@lacourt.org
by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.
Ruling
Pacific Gas and Electric Company vs DKM, LLC, et al
Jul 26, 2024 |
24CV47310
24CV47310
PLAINTIFF’S MOTION FOR PRE-JUDGMENT
POSSESSION OF PROPERY
This is an action in eminent domain where Pacific Gas and Electric (“PG&E”) seeks to
take certain property (“Property”) located at 4150 Carson Street, in an unincorporated
area of Calaveras County, near Vallecito, California, also known as Calaveras County
Assessor's Parcel No. 066-025-04. DKM, LLC (“DKM”) is the fee simple interest holder
of the Property. Calaveras County Water District (“District”) and Northern California
Power Agency (“NCPA”) both hold easements on the Property.
PG&E seeks this property for the purpose of replacing and upgrading a tower and
transmission conductor as part of a larger scope of work that involves replacing
approximately 410 existing electrical transmission structures with new steel structures
(referred to as the Project). The Complaint states that the “new tower and conductor
replacement necessitates a wider span of easement to accommodate sway in the
electrical lines to ensure that PG&E's operations fall within its existing easements.”
(Complaint ¶ 6.)
PG&E seeks the following interests (the Easement Interests) in portions of the Property:
a. Plaintiff seeks to modify its existing electric transmission easement rights
in the Owner's real property described in EXHIBIT C, which modified
easement rights are described as STRIP on EXHIBIT and depicted on
EXHIBIT "A-l" and EXHIBIT "B", attached hereto and incorporated herein
as though set forth in full by this reference.
b. PG&E seeks to modify PG&E'S existing electric distribution pole line
easement rights in the Owner's real property described in EXHIBIT C,
which modified distribution easement rights are described in EXHIBIT "A"
and shown on EXHIBIT "A-2, attached hereto and incorporated herein as
though set forth in full by this reference, as STRIP ONE, STRIP TWO,
STRIP THREE, STRIP FOUR, STRIP FIVE, AND STRIP SIX.
c. The right to excavate for, construct, reconstruct, replace, remove,
maintain, inspect, use facilities and associated equipment for public utility
purposes, including but not limited to electric and communication facilities
over and across the lands described in EXHIBIT "C" and shown on
EXHIBIT "C-l" as PG&E shall from time to time deem to be reasonably
required for the transmission and distribution of electric energy, and for
communication purposes within the STRIPS of lands described in
EXHIBIT "A" and shown on EXHIBIT "A-l" EXHIBIT "A-Z".
d. The right of ingress to and egress from the STRIPS of lands as described
in EXHIBIT "A" and shown on EXHIBIT "A-l" EXHIBIT "A-2" over and
across the lands described in EXHIBIT "C" and shown on EXHIBIT "C-l"
by means of roads and lanes thereon, if such there be, otherwise by such
route or routes as shall occasion the least practicable damage and
inconvenience, provided, that such right of ingress and egress shall not
extend to any portion of the lands which is isolated from said STRIPS of
lands by any public road or highway, now crossing or hereafter crossing
said lands.
e. The right from time to time to enlarge, improve, reconstruct, relocate and
replace any facilities constructed with any other number or type of facilities
either in the original location or at any alternate location or locations within
the STRIPS of lands as described in EXHIBIT "A" and shown on EXHIBIT
"A-l" EXHIBIT "A-2".
f. The right, from time to time, to trim or to cut down, without PG&E paying
compensation, any and all trees and brush now or hereafter within the
STRIPS of lands as described in EXHIBIT "A" and shown on EXHIBIT "A-
l" EXHIBIT "A-2", and shall have the further right, from time to time, to trim
and cut down trees and brush along each side of said STRIPS of lands
which now or hereafter in the opinion of PG&E may interfere with or be
hazard to PG&E facilities, or as PG&E deems necessary to comply with
applicable state or federal regulations.
g. The right to use such portion of said said lands contiguous to the STRIPS
of lands as described in EXHIBIT "A" and shown on EXHIBIT "A-l"
EXHIBIT "A-2" as may be reasonably necessary in connection with the
excavation, construction, reconstruction, replacement, removal,
maintenance and inspection of PG&E facilities.
h. The right to install, maintain and use gates in all fences which now cross
or shall hereafter cross the STRIPS of lands as described in EXHIBIT "A"
and shown on EXHIBIT "A-l" EXHIBIT "A-2". I. The right to mark the
location of the STRIPS of lands as described in EXHIBIT "A" and shown
on EXHIBIT "A-l" EXHIBIT "A-2" by suitable markers set in the ground.
Plaintiff also seeks the enjoin the owner from:
a. Placing or constructing any building or other structures, storing flammable
substances, drill or operate any well, constructing any reservoir or other
obstruction, diminishing or substantially adding to the ground level within
the STRIPS of lands as described in EXHIBIT "A" and shown on EXHIBIT
"A-l" EXHIBIT "A-2", or construct any fences that will interfere with the
maintenance and operation of PG&E facilities.
b. Depositing or allowing to be deposited, earth, rubbish, debris or any other
substance or material whether combustible or noncombustible within the
STRIPS of lands as described in EXHIBIT "A" and shown on EXHIBIT "A-
l" EXHIBIT "A-2", which not or hereafter in the opinion of PG&E may
interfere with or be hazard to the PG&E facilities installed.
Now before the Court is PG&E’s motion for prejudgment possession of the Property.
NCPA has filed a timely opposition to the motion. On July 9, 2024, DKM filed a notice of
joinder in NCPA’s opposition. The notice of joinder was filed more than thirty days after
PG&E’s notice of its intent to seek prejudgment possession. Pursuant to Code of Civil
Procedure (“CCP”) § 1255.410(d), all defendants needed to oppose the motion within
30 days of April 4, 2024. As DKM’s notice of joinder was untimely, NCPA’s opposition is
the only one that will be considered by the Court.
I. Legal Standard and Analysis
Under Code of Civil Procedure section 1255.410, a moving party may seek immediate
possession of the property to be taken or condemned. Where the motion for immediate
possession is opposed, as in this case, the Court may order prejudgment possession
after a hearing on the motion if the Court finds each of the following: 1) The plaintiff is
entitled to take the property by eminent domain; 2) The plaintiff has deposited an
amount that satisfies the legal requirements; 3) There is an overriding need for the
plaintiff to possess the property prior to the issuance of final judgment in the case, and
the plaintiff will suffer a substantial hardship if the application for possession is denied or
limited and 4) The hardship that the plaintiff will suffer if possession is denied or limited
outweighs any hardship on the defendant or occupant that would be caused by the
granting of the order of possession. (Code Civ. Proc. §1255.410(d)(2).)
Plaintiff claims all four necessary elements for prejudgment possession are satisfied.
A. Entitled to Take Property By Eminent Domain
Generally, to establish entitlement to take property for a project, a plaintiff must
establish, all of the following: (a) the public interest and necessity require the project, (b)
the project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury; and (c) the property sought to be
acquired is necessary for the project.” (Code of Civil Procedure section 1240.030.)
In support of its claim that it is entitled to take the property by eminent domain, PG&E
provides the declaration of Sanjeev S. Bhatawadekar, who is a Senior Consulting
Project Manager for PG&E. (Declaration of Sanjeev S. Bhatawadekar (“SB Decl.” ¶ 4.)
Mr. Bhatawadekar oversees the implementation of complex transmission system
projects. (Ibid.) According to Mr. Bhatawadekar, the Project is part of PG&E’s goal of
improving and enhancing the safety of its operations and the reliability of utility service
because they are upgrading and replacing hundreds of transmission structures. (Id. ¶
8.) The Project is necessary in order for PG&E to continue providing safe and reliable
electric service the public. (Id. ¶10.) Mr. Bhatawadekar further states that there is little
risk of private injury because there are no residences within the easement area and any
risk to grazing livestock will be mitigated. (Id. ¶ 13.) Finally, Mr. Bhatawadekar states
that the location has been chosen because PG&E already has existing structures in that
area. (Id. ¶ 9.) The Project only needs “a wider span of easement to accommodate
overhead sway in the electrical lines to ensure PG&E's operations fall within its existing
easements.”(Ibid.).
In opposition, Defendants argue that PG&E has failed to meet this first required element
because Plaintiff has not made a showing that it is entitled to take the property by
eminent domain as a compatible use with the Defendants’ existing public use. (Code
Civ. Proc. §1240.520). Pursuant to section 1240.510:
Any person authorized to acquire property for a particular use by eminent
domain may exercise the power of eminent domain to acquire for that use
property appropriated to public use if the proposed use will not
unreasonably interfere with or impair the continuance of the public use as
it then exists or may reasonably be expected to exist in the future.
Pursuant to section 1240.520, if it is established that the property is appropriated to
public use, the Plaintiff has the burden of proof that its proposed use satisfies the
requirements of Section 1240.510. Defendants argue PG&E acknowledges that the
Property is already appropriated to public use and that Plaintiff has failed to bear its
burden of showing that it the proposed use will not “unreasonably interfere with or
impair the continuance” of the Defendants’ current public use. Defendants argue that
Mr. Bhatawadekar’s conclusory statement that “PG&E has no evidence or reason to
believe that early possession will unreasonably displace or affect anyone in lawful
possession of the Property” (SB Decl. ¶ 13) is insufficient.
In support of its opposition, NCPA submits the declaration of Jake Eymann who is
employed by NCPA as the Hydroelectric Manager. (Declaration of Jake Eymann
(“Eymann Decl.”) ¶ 1.) NCPA acquired the generation tie line at issue in this case in
1988. (Id. ¶ 3.) Mr. Eymann declares:
NCPA operates the Collierville & Spicer Meadow Transmission Line
Project (Federal Energy Regulatory Commission [FERC] No. 11197,
"Collierville TL Project"). NCPA's rights are "project property" under
NCPA's FERC license for the Collierville TL Project, which comprises the
primary transmission lines that connect CCWD's North Fork Stanislaus
River Hydroelectric Project (FERC No. 2409) to the California Independent
System Operator (CAISO) controlled grid. NCPA must protect its rights,
use, and ability to operate and maintain the Collierville TL Project to
ensure compliance with its FERC license and to ensure its line remains
safe and operational.
Mr. Eymann further submits photos that show that PG&E’s and NCPA’s lines are near
each other on the Property. (Eymann Decl. ¶ 4, Ex. A.). Finally, Mr. Eymann avers that
based on the information provided by PG&E, “I am unable to conclude that PG&E's
Project and proposed easement will not interfere with or impact NCPA's operation and
maintenance of the Collierville TL Project.” (Id. ¶ 5.) NCPA argues that until PG&E can
establish compatibility with NCPA’s uses, the motion for prejudgment possession must
be denied. However, Mr. Eymann does not state any specific concerns about how
PG&E’s proposed Project would impact NCPA’s existing public use nor how it could
impact its FERC compliance.
In Reply, PG&E details the extensive communication between itself and NCPA
regarding the Project. In April of 2021, PG&E and NCPA entered into confidential,
nondisclosure agreements (NDA) to provide free and full disclosure of information by
PG&E to NCPA and NCPA's technical representatives about the Project. (Declaration of
Randy Kihara (“Kihara Decl.”) ¶ 5.) Over the ensuing months and years, PG&E provided
NCPA with specific information and drawings of the Project for NCPA’s review. (Id. ¶ 6.)
In April of 2024, PG&E and NCPA entered into another NDA to allow NCPA to “review
all technical engineering and electrical transmission aspects of the project.” (Id. ¶ ¶ 7,
9.) When NCPA raised concerns about whether there were sufficient clearances
between the varying structures, PG&E provided information which it believed had been
accepted as sufficient to show there would be no interference with NCPA’s lines. (Id. ¶ ¶
10-11.) Specifically, PG&E’s lines after the Project “will not extend beyond the boundary
of PG&E’s existing easement at rest conditions (no wind). Even with maximum
calculated sway conditions, PG&E’s lines will not come into physical contact with
NCPA’s lines.” (Id. ¶ 14.)
NCPA also argues NCPA is federally mandated to protect the property rights of a
FERC-licensed project. (Opposition p. 4.) NCPA states that NCPA is thus required to
seek prior FERC approval of any transfer of “project property” via condemnation. NCPA
further argues that FERC would not likely transfer its property rights to PG&E and even
if the Court ordered such transfer, FERC would condemn the rights back from PG&E
pursuant to its federal eminent domain powers. Accordingly, NCPA argues that this
would be an ultimate waste of judicial resources.
In Reply, PG&E points out that over the months and years of discussing this Project,
NCPA has never raised any concerns about its FERC-license. Further, it is unclear how
the Project would impact FERC’s property interests. PG&E already has a concurrent
easement on the Property. (Declaration of Trevor R. LaTurner (“LaTurner Decl.”) ¶ 5,
Ex. 1.) This easement preceded NCPA’s easement. (Id. ¶ 7, Ex. 3.) PG&E’s easement
specifically states that it has authority to enter the property to maintain, operate, repair
or reconstruct the transmission lines. (Id., Ex. 1.)
PG&E has sufficiently met it’s burden to show that its proposed use will not
unreasonably interfere with or impair the continuance NCPA’s use as it then exists or
may reasonably be expected to exist in the future. Accordingly, PG&E has
demonstrated that it is entitled to take the property by eminent domain.
B. Plaintiff’s Deposit
Under Section 1255.010(a), PG&E is required to deposit “the probable amount of
compensation, based on an appraisal, that will be awarded in the proceeding.” Here,
PG&E states that it has deposited with the State Condemnation Deposit Fund “probable
just compensation for the easement rights being acquired.” (SB Decl. ¶ 10.) According
to the declaration of appraiser Michelle Patton, the just compensation for the Property is
$12,300.00. (Declaration of Michelle Patton ¶ 6, Ex. A.)
NCPA does not object to the amount of the deposit.
C. Whether Plaintiff has demonstrated overriding need and substantial
hardship.
PG&E argues it has an overriding need to take the Property immediately and begin its
Project because it is a “priority project” for PG&E. (BS Decl. ¶ 11.) PG&E argues that
construction at this location and other Project locations “must be planned, coordinated
and implemented (as to materials, workers, equipment, securing necessary permit(s),
etc.) in an orderly fashion.” (Id. ¶ 11.) PG&E further argues that any delay in obtaining
possession of the Property “may result in major delays with completion of this part of the
Project and other segments of the Project.” (Id. ¶12.)
NCPA does not address PG&E’s arguments about overriding need and substantial
hardship. The Court finds the PG&E has demonstrated an overriding need to begin the
Project.
D. Balancing of the hardships between Plaintiff and Defendants.
PG&E argues that NCPA will not suffer any hardships if the motion is granted because
prejudgment possession will not “displace or unreasonably affect any person in actual
and lawful possession of the subject property interests being acquired.” (MPA p. 6.) In
contrast, PG&E states that without prejudgment possession it cannot plan and finalize
contracts, materials, and personnel and the delayed project could cause “great expense
and potential harm to PG&E and the public at large.” (Ibid.)
The Court finds that PG&E has demonstrated that its hardships will outweigh any
hardships to others.
The Motion for Prejudgment Possession is GRANTED. The parties are ordered to
come to the hearing prepared to discuss whether they can reach an agreement on
the terms and conditions pursuant to CCP section 1240.530 or whether the Court
will need to fix the terms and conditions.
Ruling
Joshua Delage et al. vs Mark Alan Wall et al.
Jul 26, 2024 |
STK-CV-URP-2023-0012309
On the court’s own motion, the Plaintiff's (1) Motion to Compel Further Responses to Form Interrogatories and Sanctions and (2) Motion to Compel Further Responses to Requests for Admissions are CONTINUED to August 1, 2024 at 9:00 am in Dept. 10B. No further briefing allowed. Blanca A. Bañuelos Judge of the Superior Court of California
Ruling
Hull, et al. vs. The Cadle Company, et al.
Jul 24, 2024 |
22CV-0200159
HULL, ET AL. VS. THE CADLE COMPANY, ET AL.
Case Number: 22CV-0200159
Tentative Ruling on Order to Show Cause Re Sanctions: An Order to Show Cause Re:
Sanctions (“OSC”) issued on May 17, 2024, to Plaintiffs James Hull and Shirley Hull for failure
to abide by California Rule of Court 3.110. Defendant Tri Counties Bank was amended into the
Complaint on January 24, 2024. There has been no summons issued for Tri Counties Bank, and
they have not been served. The matter is not at issue. No response to the OSC has been filed.
Plaintiff remains in violation of CRC 3.110. Sanctions will be imposed in the amount of $250.
The clerk is instructed to prepare a separate Order of Sanctions. The Court confirms today’s
review hearing set for 9:00 a.m.
Ruling
Parkash Pabla et al. vs Gursharn Pabla et al.
Jul 25, 2024 |
20CV-03476
20CV-03476 Parkash Pabla et al. v. Gursharn Pabla, et al.
Motion By Defendant Dual Arch International Inc. for Prevailing Party Attorney’s fees of
$136,421.03 pursuant to CCP § 1717 on Breach of Contract Claim
Remittitur was issued on July 15, 2024 returning jurisdiction to this court and
establishing that the Court of Appeal Opinion filed May 14, 2024 is now final. That
Opinion affirmed this Court’s May 9, 2023 Order adopting the tentative ruling issued on
April 25, 2023 granting the motion to tax costs and providing: “Attorney’s fees claimed
(Item 9) are not provided for by statute or contract and are therefore not permissible
costs.” The Court of Court of Appeal opinion addressed each argument that one or more
documents in the case established a right by which Plaintiffs could obtain attorney’s fees
against Defendant Dual Arch International, Inc. and found that there was no legal basis to
support a right to attorney’s fees by Plaintiffs against Defendant Dual Arch. That there is
no contractual basis for an award of attorney fees by Plaintiffs against Dual Arch is now
the law of the case and binding on all the parties.
Defendant Dual Arch now seeks an award of $136,421.03 on the grounds that it is the
prevailing party by defeating a contract claim for attorney’s fees pursuant to a non-
existant contract. (Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128-129; Pacific
Custom Pools v. Turner Construction Co. (2000) 79 Cal.App.4th 1254, 1268; Linear
Technology Corp. v. Tokyo Electron Ltd. (2011) 200 Cal.App.4th 1527, 1538; M. Perez Co.
Inc. v. Base Camp Condominium Assn. No. One (2003) 111 Cal.App.4th 456, 466;
International Billing Services, Inc. Emigh (2000) 84 Cal.App.4th 1175, 1178-1179.) The gist
of that argument is while there was no right to attorney’s fees before Plaintiffs brought,
appealed, and ultimately lost their motion for attorney’s fees based on contract, such
motion, appeal and loss created Defendant Dual Arch’s right to attorney’s fees as
prevailing party on an unsuccessful contract claim for attorney’s fees by Plaintiffs due
to the mutuality requirements of CCP § 1717.
Controlling Case Law supports the position of Defendant Dual Arch and is contrary to
the argument raised by Plaintiffs in opposition. Accordingly this Court finds that
Defendant Dual Arch is the prevailing party on the Attorney’s fee claim, that it is entitled
to an award of prevailing party attorneys fees pursuant to CCP § 1717 notwithstanding
the fact that the law of the case establishes that no applicable contract privudes a right
to attorney’s fees, and that the claim for attorney’s fees of $136,421.03 is reasonable
under the circumstances of this case. .
Order to Show Cause re Entry of Proposed Judgment
There having been no response to this Court’s Order to Show Cause why the proposed
judgment following by Plaintiffs and Cross-Defendants Jaswinder Kaur and Parkash
Pabla on the Cross-Complaint, that judgment is approved and will be signed by the
Court.
Preview
**** CASE NUMBER: 502024CA006244XXXAMB Div: Al **** Filing # 201875393 E-Filed 07/03/2024 12:35:46 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff, vs. THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF SANDRA G. FRESHLEY A/K/A SANDRA GAYLE FRESHLEY, DECEASED; SHAWNYEL MEIYA CRICHLOW; PALM BEACH COUNTY, FLORIDA, Defendant(s). / VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE Plaintiff, NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, sues the Defendants and alleges: COUNT _I-MORTGAGE FORECLOSURE 1 This is an action to foreclose a mortgage on real property in PALM BEACH County, Florida. 2. The Court has jurisdiction over the subject matter. 3. On April 12, 2017, SANDRA G. FRESHLEY A/K/A SANDRA GAYLE FRESHLEY, DECEASED executed and delivered a promissory note and a mortgage securing payment of the note to BRANCH BANKING AND TRUST COMPANY. A copy of the note is attached hereto as Exhibit "A". The Mortgage was recorded on April 20, 2017 in Official Records Book 29032, at Page 0568, of the Public Records of Palm Beach County, Florida, and mortgaged the PAGE 1 24-204503 - EIP FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/03/2024 12:35:46 PM property described in the mortgage then owned by the Mortgagor(s). A copy of the mortgage is attached hereto as Exhibit "B". 4. The legal description of the subject property is as follows: LOT 2, BLOCK 10, REPLAT OF PART OF BLOCKS 5, 6, 7, 9, 10, AND 20, AND PART OF OSCEOLA PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 24, PAGE 41, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT A PORTION OF SAID LOT 2, AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, RUN N02°20'04"E ALONG THE WEST LINE OF SAID LOT 2 A DISTANCE OF 67.36 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 510.72 FEET AND WHOSE CENTER BEARS N10°14'20"E; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°02'10" A DISTANCE OF 62.72 FEET TO A POINT OF NON- TANGENCY; THENCE S02°20'03"W ALONG THE EASTERLY LINE OF SAID LOT 2 A DISTANCE OF 62.13 FEET; THENCE N88°03'53"W ALONG THE SOUTHERLY LINE OF SAID LOT 2 A DISTANCE OF 62.50 FEET TO THE POINT OF BEGINNING. 5 The Plaintiff's Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien, or interest of any defendant in this action, including but not limited to, any interest arising out of Mortgagor(s) or Mortgagor(s)' predecessor(s) and/or successors in interest. Plaintiff is the holder of the original Note secured by the Mortgage. Defendant(s) have defaulted under the Note and Mortgage by failing to pay the payment due October 1, 2023, and all subsequent payments. Plaintiff declares the full amount payable under the Note and Mortgage to be due. PAGE 2 24-204503 - EIP Pursuant to the terms of the note and mortgage, and except for those Defendants who have been discharged in bankruptcy, Defendant(s) owe Plaintiff $106,822.22 that is due and owing on principal on the Note and Mortgage, plus interest from and after September 1, 2023, and title search expenses for ascertaining necessary parties to this action. 10 On or about July 27, 2023, SANDRA G. FRESHLEY A/K/A SANDRA GAYLE FRESHLEY died. 11 In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be required to make such advances during the pendency of this action. Any such sum(s) so paid will also be due and owing pursuant to the terms of the note and mortgage. 12 The property is now owned by Defendant(s) THE UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF SANDRA G. FRESHLEY A/K/A SANDRA GAYLE FRESHLEY, DECEASED who now hold(s) possession. 13. All conditions precedent to the acceleration of this note and mortgage and to foreclosure of the mortgage have occurred, been satisfied or been waived. 14 Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees pursuant to the express terms of the Note and Mortgage. 15 Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and subject to the prior claim of Plaintiff. 16 The Defendant, SHAWNYEL MEIYA CRICHLOW, may claim some right, title, or interest in the property herein sought to be foreclosed by virtue of POTENTIAL PAGE 3 24-204503 - EIP BENEFICIARY/HEIR OF THE ESTATE OF SANDRA G. FRESHLEY A/K/A SANDRA GAYLE FRESHLEY, DECEASED or some other unknown interest, the exact nature of which is unknown to Plaintiff and not a matter of public record. However, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. 17. Any interest in the property inuring to the Defendant, PALM BEACH COUNTY, FLORIDA, is subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to, MORTGAGE recorded April 20, 2017, in Official Record Book 29032 at Page 584 of the Public Records of Palm Beach County, Florida. WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and, when applicable, attorneys' fees), and, if the proceeds of the sale are insufficient to pay Plaintiff's judgment, Plaintiff asks the court to reserve jurisdiction to determine whether a deficiency is appropriate, in the event it is sought. Subject to any applicable statute of limitations, Plaintiff further requests that the Court ascertain the amount due to Plaintiff for principal and interest on the Mortgage and Note, and for late charges, abstracting, taxes, expenses and costs, including attorney's fees, plus interest thereon. If the sums due Plaintiff under the Mortgage and Note are not paid immediately, Plaintiff requests that the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy the Plaintiffs mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2006); and that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereinafter made a Defendant be forever barred and foreclosed. Plaintiff further requests, where applicable, that the Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction of this PAGE 4 24-204503 - EIP action to make any and all further orders and judgments as may be necessary and proper, including the issuance of a writ of possession and the entry of a deficiency judgment decree, when and if such deficiency decree shall appear proper, provided Borrower(s) has/have not been discharged in bankruptcy. Finally, Plaintiff asks the Court to retain jurisdiction to resolve disputes that might arise with respect to assessments due or allegedly due to any Homeowners or Condominium Association, if applicable. VERIFICATION OF COMPLAINT Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. / Executed on this 27th day of June » 2024 By: Vetta bu Print Name: Kenneth’Wigley Title: Document Verification Specialist Company: NEWREZ, LLC F/K/A NEW PENN FINANCIAL LLC D/B/A SHELLPOINT MORTGAGE SERVICING ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: FLmail@raslg.com /s/ Melissa Konick Melissa Konick, Esq., FL Bar No. 17569 Email: mkonick@raslg.com PAGE 5 24-204503 - EIP i Note April 12, 2017 Lake Worth Florida [Date] [City] [State] 313 W 13th Street, RIVIERA BEACH, FL 33404 [Property Address} 1. Borrower's Promise to Pay. In return for a loan that I have received, I promise to pay U.S. $120,000.00 (this amount is called “Principal”, plus interest, to the order of the Lender. The Lender is Branch Banking and Trust Company. I will make all payments under this Note in the form of cash, check or money order. Lunderstand 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 4.875%. 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 June 1, 2017. 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 May 1, 2047, 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 223 West Nash Street, Wilson, NC 27893 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments. My monthly payment will be in the amount ofU.S. $635.05. 4 Borrower's Right to Prepay. I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment”. When | make 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 | 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 1 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 Failure to Pay as Required. APPL: # LOAN FLORI CREE sore single Famiy-Fanse MeeFtocdeMac UNIFORM INSTRUMENT “om 1072016 Bankers Systems™ VMI Page 1 of 3 Wolters Kluwor Financial Services a EXHIBIT "A" ‘ a (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 5.000% 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 I 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 1 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 Waiver By Note Holder. Even if, at a time when J 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 J 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. Gi ing 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. I 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 Holderto 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. 40. 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 I 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. 411. 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-Fancie Mao/Fredcie Mac UNIFORM INSTRUMENT Formate1012016 Cy Bankers ms ‘Wolters Kluwer Financial Services a Page 20f3 ‘ . WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Borrower andra G Freshle rhly Sea {Sign Original Only] Loan Origination Organization: Branch Banking and Loan Originator: Catherine Albamonte Trust Company NMLS ID: 414620 NMLS ID: 399803 WITHOUT RECOURSE PAY TQ THE ORDER OF BRANCH BANKING AND TRUST COMPANY Qua mn folreer BY SULIE M. PALMER, VP aa Bankers Systems™ VI 'NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT LOAN: 1012016 Page 3013 ‘Wolters Kluwer Financial Services. (enciadeetiiiiiiiahiaiitin ee CFN 2317014023846 OR BK R2ePNS2 FG 9545 RECORDED 04/20/2017 13240214 ANT 1200000.) Deed Doc 420.00 Intans 240.00 Falm Beach County, Flori Sharon R. BocksCLERK & COMPTROLLER Fas 0568 - 583% (1épas) Return To: This Document Was Prepared By: Allan Boreland 223 West Nash Street Wilson, NC 27893 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 Gertain rules regarding the usage of words used in this . document are also provided in Section 16. i (A) “Security Instrument” means this document, whieh is dated April 12, 2017, together with all Riders to this document. (B) “Borrower” is Sandra G Freshley, a single woman. Borrower is the mortgagor under this Security Instrument. (C) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors.and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) “Lender” is Branch Banking and Trust Company. Lender is a state non-member. bank organized and existing under the laws of North Carolina, Lender's address is 223 West, Nash Street, Wilson, NC 27893. (E) “Note” means the promissory note signed by Borrower and dated April 12, 2017. The Note states that Borrower owes Lender one hundred twenty thousand and 00/100 Dollars (U.S. $120,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1, 2047. (F) “Property” means the property that is described below under the heading "Transfer of Rights in the Property.” >.LOAN APPL#: Form 3010 1/01 FLORIDA-Single Family-Fannio Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS 01/2017 Bankers Systems™ VMP® Page 1 of 15 ‘Wolters Kluwer Financial Services Es EXHIBIT "B" Book29032/Page569 CFN#20170140286 Page 2 of 16 (G) “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. (H) “Riders” means all Riders to this Security Instrument that are executed by Borrower, The following Riders are to be executed by Borrower [check box as applicable]: Q Adjustable Rate Rider Condominium Rider © Second Home Rider Balloon Rider o Planned Unit Development Rider a 1-4 Family Rider 0 VA Rider Q_ Biweekly Payment Rider © Other(s) [specify] () “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. (J) “Community Association Dues, ‘ees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association similar organization. (K) “Electronic Funds insfer ” means any transfer of funds, other than a transaction originated by check, draft, or simil: aperinstrument, 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 ataccoul uch term includes, but is not limited to, point-of-sale transfers, automated teller machine-transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) “Escrow Items" means those items® are described in Section 3. (M) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction ofthe 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. (N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) “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. (P) “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. (Q) “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 a a LOAN #: FLORIDA-Single Family-Fannie Mae/Freddie Mec UNIFORM INSTRUMENT WITH MERS. Form 3010 1/01 Bankers Systems™ VMI 01/2017 ‘Wolters Kluwer Financial Services ee Page2 of 15 Book29032/Page570 CFN#20170140286 Page 3 of 16 of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following, described property located in the County [Type of Recording Jurisdiction] of PALM BEACH [Name of Recording Jurisdiction]: See Exhibit A Parcel ID Number: 56-43-42-33-07-010-0021 which currently has the address of 313 W 13t h Street [Street] RIVIERA BEACH [City], Florida 33404 [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 understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action requii .d of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENAN hat-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 combin: iform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering, real property. Uniform Covenants. jorrower and Lender covenant and agree as follows: 41. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shal! 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 Yo APPL# LOAN # FLORIDA-Single Family-Fonnie Mae/Freddie Mac UNIFORM INSTRUMENT (TH MERS. Form 3010 101 Barkers Systems™ VMP@ 01/2017 Wolters kiuwer Financial Services ee Page 3 of 15 Book29032/Page571 CFN#20170140286 Page 4 of 16 Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (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 fail e extent that any excess exists after the payment is applicd to the full payment of one or more idic:Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be. ied st 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 withthe 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. Borrowershall 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 ‘tised: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 So: LOAN #: APPLE Form 3010 1/01 FLORI a Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS 01/2017 Bankers Systems™ VMI Page 4 of 15 ‘Wolters Kluwer Financial Services (nenemannee Book29032/Page572 CFN#20170140286 Page 5 of 16 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 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 intérest 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 éscrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in-aceordance with RESPA. Ifthere 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‘ig'a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower: required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in aceordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Sectirity Instrument, Lender shal! 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 Yr APPL LOAN. FLORIDA-Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS. 01/2017 Bankers Systems™ VMi Page $ of 15 Wolters Kluwer Financial Services a Book29032/Page573 CFN#20170140286 Page 6 of 16 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 insurance. This insurance shal! 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 maintai any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Boirower's expense. Lender is under no obligation to purchase any particular type or amount of cov rag therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower' duity 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 th surance coverage so obtained might significantly exceed the cost of insurance that Borrower could-hai ibtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt o: orrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from thedate.of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewalsof 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 } 2: LOAN # APPLa Form 3010 1/04 FLORIDA-Single Family-F annie Mee/Freddie Mac UNIFORM INSTRUMENT WITH MERS. 012017 Bankers Systoms™ VMI Page 6 of 15 ‘Wolters Kluwer Financial Services —Eee Book29032/Page574 CFN#20170140286 Page 7 of 16 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