Motion,Ex Parte: BANK OF NEW YORK V DE RODRIGUES, MARIA

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| | IN THE CIRCUIT COURT OF THE ISTH JUDICIAL
| | CIRCUIT IN AND FOR PAIM REACH COLINTY
| CIR , IN AND FOR PALM REACH COUNTY |
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GENERAL JURISDICTION DIVISION
CASE NO: 502008CA002905XXXXMB AW
ee
THE BANK OF NEW YORK AS TRUSTEE
FOR. THR CERTIFICATFHOL DERS CWwAT T

 

ANU ALTERNATIVE LUAN IKUDS1 2000-0A2
MORTGAGE PASS- THROUGH

 

 

 

CERTIFICATES. SERI ~
1 pramrne | =
| PEARSE es
VS. | | mM
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Matin cap eave Ta orp AMONINEN CanDE ANT a

MOON FOR LEAVE £O MILE AMENDED COMPLAINE ‘= oS

  

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lou That the Complaint was filed in this cause on or about JANUARY 31. 2008.
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2 ‘That subsequent to the filing of said Complaint, Plainutt became known as THE BANK UF NEW

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YORK MELLON FIK/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS
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‘THROUGH CERTIFICATES,

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CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OA2 MORTGAGE PAS:
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SRRIEC 2NNK_OA7 hac diesnvared add

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Original Note. The proposed Amended Complaint amends Plaintiff's name, adds MORTGAGE ELECTRONIC.
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DEAIOTD ATION CVETIMO INO ann mnetes dnfnndant and denne Sanne tT
REGISTRATION ov o1uMo, INC. €S a panty Geienant ai GFSps COUR A

wal and naraceary narty ta thie antinn and hac eanfirmed naccaceian af the
Tat Gina HeCcseary purty tO Hino GUUOI GING fag COMLENIG pUSssesster Ut Te

 

3. The changing of Plaintiff, addition of said defendant and dropping of Count II, will not preiudice

 

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ine ngi is oF any party to ins cause.
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iurther provide that none of the defendants who were previousiy defauited, or who have flied an answer shail be

ablioated nar nermitted ta recnand ta the Camnlaint 2¢ amended cince the iccnae ac ta caid dafondante ram
Cbligated nor permitted {0 respond to the Complaint 2 amended since the issues as to said defendants ren

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same as in the original Complaint.

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the

 

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| WHEREFORE, Plaintiff requests the Court enter an Order for leave to file the Amended Complaint
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auacnea nerewo. |I I
| 1 HEREBY CERTIFY that a true and correct conv of the foresoing Mation fc
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pried Leave of Court to File
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Amerided Complaint with'a proposed Amended Complaint was mailed via U.S. Mail this _-7@ day of

 

 

Bmore li 2010. to the Fatlgnnine

y 201, UIE HUW.

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RICHARD D. SEAY, ESQ
ATTY FOR:MARIA DE RODRIGUES AND ANTONIO EF. PEREIRA
TUSTICE BUILDING, SUITE 21 200
ANDREWS ‘AVENUE
FORT LAUDERDALE. FL 33301
| oy

 

 

  

MICHAEL ROBERT EMERY, ESQ.
ATTORNEY FOR BOCA’ SPRINGS ASSOCIATION, INC.
888 SIANDREWS AVE. STE 201

EADTT ATINEDNATE ©
FURY LAULERUALL, 1

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JANE|DOE, N/K/A SIMONE ROE
11196 SAND POINT TERRACE
196 SAND POINT TERRACE

DULA KALUN, PL, 33428 \

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aE
4. 2II1U

 

 

Af VViEN LUKLENE
re LAW OFFICES OF DAVID J. STERN

 

mr 99994 2090
r "iaiitatii, PL 99924-9920

 

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08-30331.0RD | Bar #: 715492
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I |IN THE CIRCUIT COURT OF THE ISTH JUDICIAL

CIRCUIT, IN AND FOR PALM BEACH COUNTY,
FLORIDA

SVIL MUN DIVIDIUN

 

 

YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT. INC.
AL TIEDN ATIVE TOANITRIICT 2006047 MORTGAGE Pace. TuRATICH

 

 

CERT iFICA IES, SERIES ZUU0-UAZ
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| PLAINTIFF |
CET Pitti iit
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MARIA DE RODRIGUES: ANTONIO E. PEREIRA: ANY AND ALL
1 mieNawn PARTIFG on AIMING Rv THROIIGH TINDER AND

* , UN, A

 

      
    
   

MEINS, UEVIS

ELECTRONIC REGISTRATION SYST EMS, INC.; BOCA SPRINGS
ASSOCIATION, INC.: JOHN DOE AND JANE DOE AS UNKNOWN

Tenia NTS IN PASCESSION

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|__DEFENDANT(S)

  

 

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i AMENDED COMPLAINT TO FO! E MORTGAGE

Dlaintiff cnac the Nefandant(e) and alleaee:3.

en

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ee ee eee ee ee

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' COUNT I

THIS IS AN ACTION to foreclose a Morteage on real nronertv in PALM BEACH County. Florida.
i Ohne peers een a eee

This Court has jurisdiction over the subiect matter herein.

MARIA DE RODRIGUES executed and delivered a Promissory Note and MARIA DE RODRIGUES AND
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SPOUSE, ANTONIO E. PEREIRA executed and delivered a PURCHASE MONEY Mortgage securing

el ae
payment of the Note to the Payee named thereon.

The Mortgage was recorded on JUNE 28, 2005 in Official Records Book 18817 at page 1613, of the Public
Se eel e el bt ll i a ee ality
Kecords of PALM BEACH County, Florida, and mortgaged the property described in it, then owned by and
possessed vy the Morigagors, copies of the Note and Morigage are attached hereto as “Exnibit A",

he Matas 66 wanltend shen | Aitak ta the alnnt 20th fentnnt Coon alee bine eetne ee ee He a
TG iain aCquireY WIE IO WHICH IS UIE SUBJECL OL UNE IStant ;TECIOSUTE ACUON PTOT LO UIE LIT OF NE

 

namnlaint and has the cinht ta anfrena tha Inns
Compiaun ana nas ue ngs wo Ciiurce wie 10a.
Tha nranerty ie ndur qauned hu tha Nefandantfe) MARIA TR RANDIGIES ANT ANTONIO & DRDEIDA

BHI propery 1S HOW ONES OY WC UEICTUAMS), ITI UKUUG ULS AND AN CUI bP DXCUKA

ariac af MARTA NR RANRICIIES ANN

Flivina and if dead the uinknawm ennncac haire and ha
Wig Stn 1 Naty Ge Uri eT spOuees NEMS Gin Oe

    

 
   

There is a

payments due thereafter.
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All conditions precedent to the acceleration of this Mortgage Note and to foreclosure of the Mortgage have
a ve ve

been fulfilled or have occurred.

 

 

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The Plaintiff declares the full amount payable under the Note and Mortgage to be due.

‘The borrowers owe Plaintiff $378,175.85 that is due in principal on the Mortgage Note and Mortgage,

together with inierest from AUGUST 1, 2007, late charges, and ail cosis of collection inciuding ttle search

expenses for ascertaining necessary parties to inis action and reasonapte aivorney’s

lees.

 

 

iHan ar oral Caid interact ic enhiect enhardinate and
Wer Wrintect! Gr Oral, Gaia itcress to SuuyeCy, SuOUT ume, Git

   

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In addition to all other named defendants the unknown snauses. heirs. devisees. grantees. assignees.
nae O23. me own spe » CevISees or assignees;

 
 

creditors. trustees. successors in interest or other parties claiming an interest in the subiect pronertv by.

through under or against any of said defendants, whether natural or corporate, who are not known to be
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alive or dead, dissolved or existing, are joined as defendants herein. The claims of any of said parties aresubject, subordinate, and inferior to the interest of Plaintiff.

 

The Defendants) BOCA SPRINGS ASSOCIATION, INC. IS joined because THEY may claim some

interest in or lien upon the subject property by virtue of the following:

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~ or i 5 woo nee nee nat —
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icecorging Vale UINCIal KECOrUS HOOK age
Or ama arrest ola manc ancar ont
ULALVE UP LIDIN o/4/ 2000 euuye or

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CP AINA QE Text 1aManant ann6e 1At
TULA UP RAY ruewreuur e200 1971
TTS DENINENIC an«nans angas 4a?

recorded in PALM BEACH County which are inferior to Plai

 

tiff's Mortage described herein.

       

The Defendant(s). MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC.. is ioined because the
defendant may claim some interest in or lien upon the subiect property by virtue of a MORTGAGE

recorded in Official Records Book 18817 at Page 1635 in PALM County which is inferior to Plaintiff's
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| Mortgage described herein.
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WHEREFORE, Fiainiitt prays: Thai an accounting may be nad and taken under the direction of this Court

coada wed e
O1 Wria 1S gue ine Flainiiiy for prin

 

al and interesi On Said Morigage and Morigage Noie, and tor in€ Gosis, charges

 

        
 
 
  
  

Be Cane and Liab Matas eP an

 

 

t+ that in default af onah naumante
4 Ulat iit Gerauit OL SucH pay iniciits,

 

ntaract alaim damand ar an
Wiest, Clalin, aeamarid, OF CQuILy,

 

lan af the Defandante and all ather nerenne claim:
Unt Ua Une areata aime att Clien persone ote

 
 

 

he absoll tely barred and foreclosed and that

ns aco preperty oe sore

9 of the Lis Pendens hi

 

 

 

mounts due the P|

under the direction of this Cou

   

 

hat out of the proceeds of said sal

 

 

 

Dischérge of Personal Liability in Bankruptcy has been entered as to any of the Defendants who signed the subiect
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Note and Mortgage and a Writ of Possession be issued.
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Amended ‘Complaint to Foreclose Mortgage
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TO ALI. DEFENDANTS: PLEASE NOTE EFFECTIVE OCTORER 13. 2006. 15 1 SC. §1692G OF THE
wae sree i" Pes VN termes ney ae sorte naan
FAIRIDERT COLLECTION PRACTICES ACT HAS BEEN AMENDED AS FOI

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OWS:(a) LEGAL PLEADINGS -- Section 809 of the Fair Debt Collection Practices Act (15 U.S.C, 1692g) is
amended by adding at the end the following new subsection:
"(d) Legal Pleadings -- A communication in the form ot a formal pleading in a civil action shall not

   

be treated as an communication tor purposes of subsection

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TurpERv croT

  

lad Camnlaint ta Raraclace
eG UCTipiain wo 1 Greeruse

 

uldt @ ue atu COrtect Copy U1 ule ture

 

lin dow af A ALeennn be A DOIN ta
0 Sy OF UT OS
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mronkann onay ron
RICHARD D. SEAY, ESQ

ATT 4 FOR:MARIA DE RODRIGUES AND ANTONIO E. PEREIRA

JUSTICE BUILDING, SUITE 200-N
$04 SALIH A NnREWwes ‘n VENTE

 

FOR] LAUDERDALE, PL 55501

   
  

an IAG AOCACTATION MIO
ATIURNET FUR DUCA SPRINGS ASSUCIA TION, INC.

888 SIANDREWS AVE, STE 201

FORT) LAUDERDALE, FL. 33316
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tasinbnan wis amen nas

JANEIDUE, NINA SIMUNE KRUG

 

 

11196{SAND POINT TERRACE i
ROCA RATON FI. 33428 om \\
: 7 7 ( a TIN
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7 YANTIN LURLENE
WAZ aw XoFfione af Navid 1 Stern BA

Po Ee Se ATT eae
{ Aitopey Tor Faint
\. 90PSouth Pine Island Road, SUITE 400
Plantation, FI 33324

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08-3033 (CWE) Bar #: 715492

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IALTY ADDENDUM TO NOTE" ATTACHED HERETO AND MATE A PART HEREOF.

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DIUSTABLE RATE NOTE
| ‘A - Tweive Month Average Intiex - Payment Caps)
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THIS NOTE CONTAINS PROVISIONS THAT WILL CHANGE THE INTEREST RATE AND THE
MONTHLY PAYMENT. THERE|MAY BE A LIMIT ON THE AMOUNT THAT THE MONTHLY PAYMENT
CAN INCREASE OR DECREASE. THE PRINCIPAL AMOUNT TO REPAY COULD BE GREATER THAN
THE AMOUNT ORIGINALLY BORROWED, BUT NOT MORE THAN THE MAXIMUM LIMIT STATED IN

 

 

 

 

THIS NOTE. 1
MAY 31, 2008 : POMPANO BEAGH FLORIDA
‘Dae icy | {Sate}
| 11196 SAND POINT TERRACE, BOCAIRATON, FL 33428
| [Property Address} |
1. BORROWER'S PROMISE TO PAY, \
In return for a loan that I have received. I promise to av U.S.$ | 351,920.00 (thig amount ig called

 

 

"Princioal" olus interest. to the order of Lender. The Princinal amount mav increase a¢ nenvided under tha tarme of thie Note
i fer eX (ONE HUNDRED FIATEEN AND 000/1000THS 7
borrowed. ‘This is called the “Maximum Limit.” Lender is
FIRST MAGNUS FINANCIAL CORPORATION | == |
1 will make all piyments under this Note it the Form of cash, check or mney order.
J understand that Lender may transfet this Note. Lender or anyond who takes this Note by transfer and who is entitled (o
receive payments under this Note is called the “Note Holder." |

    

  
 

Bracers taco last :
| FFmcapaay as Deem pang. 1 wit pay interest at a yearly

 

ieidst wan oe Chaiged Ou GnpaFaIpcipaL

   
    

 

pa bh eve

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‘The interest ‘rate 1 will pay may change on the ast day pf JULY, 2005 - and on that day every
month thereafier.| Each date on which my interest rate could change is called an “Interest Rate Change Date.” The new rate of
interest will become effective on each Interest Rate Change Date. The interest rate may change monthly, but the monthly
payment is recalcilated in accordance with Section 3. | 7 7 :

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(C) Index _| \ |

ii atter any Werauit described in Section 743)

(BY Imerest|Rate Change Dates

 

 

with the first Interest Rate Change Date, my adjustable jnterest rate will be based on an Index. The “Index” is
elve-Month Average” of the annual yields on actively traded United States Treasury Securities adjusted to a constant
maturity of one year as published by the Federal Reserve Board in the Federal Reserve Statistical Release entitled "Selected
Interest Kates (H.19)” (he “Monthly Yields"). ‘The Twelve Month Average is determined by adding together the Monthly
Yields for the most recently available twelve months and dividing by 12. ‘The most recent Index figure available as of the date
19 days before each interest Kate Change Date is called the “Current Index”

the

 

Ui the index {s no longer available, the Note Holder will choose ajnew index that is based upon comparable information
The Note tioider will give me notice of this choice. i

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(D) Calculation of interest Kat haha 7 |
ietore each] Interest Kale Change| Date, the Note Holder] will calculate my new interest rate by adding
AND 400/1000THS _ _ Percentage point(s) ( | 3.400 '%) ("Margin") to the Current Index.
J vill then round the result'of this addition to the nearest one-eighth of one percentage point (0.125%). This
rounded amount will be my new interest rate until the next Interest Rate Change Date. My interest will never be greater than

   

9.950%. Beginning with the first Interest Rate Change Date, my iplerest rate will never be lower than the Margin
ginning r Bs y i

dint

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E631 21° (0412) |

IRAE

HAMANN NANDA AAA na

LLL naan Ta7l N 01 oui
61a wosoulie) ©

 

 

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3. PAYMENTS 1
(A) Time and Place of Payments |
I will makela payment every month. | {
I will makelmy monthly payments on the 1st —_day of each month beginning on JULY, 2005

I wil make thee payments every month until I have pai all the Plincipal and Interest and any other charges deseribed
below that I may owe under this Note. Each monthly payment will be 4pplied as of its scheduled due date and will be applied

to interest beforg Principal. If, on | JUNEO1, 2035 [I still owe amounts under this Note, I will pay those

amounts in full on that date, which is called the "Maturity Date.” I
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ai HAST RAGHU Mencia, CRPORATION

  
     
    
   

II he in the amannt af IS & 1,131.91

the interest due then negative amortization

 

ay the amount of mv new Minimum Pavment each month besinnine on each Pavment Change Date or as nrovi

 

I wi
in Section 3(F) of 3G) below.” : ee : Sei
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(D) Calculation of Monthly Payment Changes i

At least 30 days before each Payment Change Date, the Note Holdef will calculate the amount of the monthly payment that
would be sufficient to repay the unpaid Principal that I am expected to dwe at the Payment Change Date in full on the maturity
date in substantially equal payments at the,interest rate effective during the month preceding the Payment Change Date. The
result of this calculation is called the “Full Payment." Unless Section: 3(F) or 3(G) apply. the amount of my new monthly
payrent effectivelon a Payment Change Date, will not increase by moré than 7.5% of my prior monthly payment. This 7.5%
limitation is called the "Payment Cap.” This Payment Cap applies only to the Principal and Interest payment and does not apply
to any escrow payments Lender may require under the Security Instrument. The Note Holder will apply the Payment Cap by
taking the amouni of my Minimum Payment due the month preceding the Payment Change Date and multiplying it by the
number 1.075. The result of this calculation is called the “Limited Payinent.” Unless Section 3(F) or 3(G) below requires me
te pay a different amount, my new Minimum Payment will be the lessef of the Limited Payment and the Full Payment. I also
have the aption to pay the Full Payment for.‘my monthly payment, al

(&) Addition’ to My Unoaid Princinal |

 

 

ice my monthly payment amount changes less freauently than iM intoreinterest portion. the Note Holder will subtract the amount of my monthly nave

 
   
  

will add the difference to my unpaid Princioal. and interest will acerue on the amount af thie
required by Section 2. For each month that the monthly naviment is oredter th
the oavment as ardvided in Section 3(4). |

 

 

weve
woe

              
   

Mu uinnaia
My unpaw e

(44g nan 02) af Hl

VEIS.000 70) Or

ONE MUNDRED FIFTEEN ANU OUU/TOUUTHS — percent

 

   

pal COUIG EXCEEU Ulal Maximum Limit due (0

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PavOntinn APM Not I MTA Indew - Florida

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mac ye

 
    

 

 

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Minimum Payments and interest rate increases. In that event, om the datt that my paying my monthly payment would cause me

to exceed that limit, 1 wil instead pay 4 new monthly payment. This means thai my monthly payment may change more

frequently than ainually and such payment changes will not be limited by the 7.5% Payment Cap. ‘The new Minimum Payment

will be in an amount that would be sufficient to repay my then unpaid [Principal i in full on the Maturity Date in substantially
equal payments dt the current interest rate.| |

 

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ina Af Pavenant 0

: ig tin tgyoene

1 Parmant a mur Minimum Pavmont wniil mu monthly navman! chanhos ana
“y

my payer

Valen

  

   

joan It (Frincipal ana inieresy) at ine Maturity

 
   

 

ine toan oft i (Principal and amert

 

win a

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Fee ets | |

ges im ine amoumt of my moniniy payment before ine
be given io me and aiso ine iliie andalter the 1 first Payment Change bate

5. BORROWER'S RIGHT TO PREPAW |
T have the right to make payments of Frincipal 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. 1 may not designate a
payment as a Prepayment if I have not made
i may make a

   

1 the monthly payments due under this Note,

Prepayments without paying any Prepayment charge. The Note Holder will use
my Prepayments 19 reduce the amount of Frincipa that | owe under this)Note. if ! make a partial Prepayment, there will be no
changes in the due dates of my monthly payments. My partial Prepayment may reduce the amount of my monthly payments

 

Prepayment or part

 

 

jowing my partial Prepayment jriowever, any reduction due to_my_partial. Prepayment

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6. LOAN CHARGES 1 [

ita law. wig 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 exdeed the permitied limits, then: (a) any such loan charge
shall be reduced iy the amount necessary 0 ‘Feduce the charge to the pérmited limit; and (b) any sums already collected from
‘me that exceeded permitted limits will be reiunded o me. The Note Holder may choose to make this refund by reducing the
Principal | owe under this Note or by making a direct payment to mg, if a refund reduces Principal, the reduction will be

treated as a partial|Prepayment ! |

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7. BORROWER'S FAILURE TO PAY AS REQUIRED i

(A) Late Charges for Overdue Payments i

 

may be olfset by ‘an interest rate increase.

 

  
  

If the Note Holder has not received ‘the full amount of any monthly jpayment by the end of FIFTEEN = (15) calendar
days afler the dite it is due, 1 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 Ingest, | will pay this late charge promptly but only once
on each late payment |

Me

    

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(B) Defaure| | |
If do not pay the full amount of each monthly payment on the datelit is due, I will be in default
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(C) Notice $f Defautt i |
If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the
interest that I owe on that amount. The date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means. I \
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(D) No Waiver By Note Holder —_ | |
Even if, at a time when I am in default, the Note Holder does s)ot require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if lam in defautl|at a later time
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(F) Payment of Note Holder's Costs and Fxnenses |
IF the Note older has reauired me to nay immediately in full as deSeribed
paid back by me for all of its costs and exbenses in enforcine this Noté to the extent ant m

    

jove. thexpenses include. |for examole. reasonable attorneys’ fees.

 

Uniess the Note Holder requires a diferent ‘method, any notice that must be given to the Note Holder under this Note will

be given by delivering it or by mailing it ay first class maii 10 the Note Hioider at the address stated in Section 3(A) above or at

8 ulterent adaress if | am given a notice of nat cuiferent address. \

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9. OBLIGATIONS OF PERSONS UNDER THIS NOTE |
If more than one person signs this Note, each person is fully and pdrsonally obligated to keep all 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 thig Note, is also obligated to keep all the promises madé 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 the amount owed under this Note. | |

10. WAIVERS | I I
T and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.

 

 

‘ment! means.the.right-to require-the-Note-Holder-to.demand-payment-of-amounts-due-—*Notice of-Dishonor”-meansthe
right to require the Note Holder to give notice to other persons that amounts due have not been paid.

 

Transfer of the Property or a Beneficial Interest in Borrqwer. As used in this Section 18, “Interest in the
Property” méans any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installnjent sales contract or escrow agreement, the intent
of which is the transfer of tile by Borrdwer ata future date (o a pubchaser.

If all or; any part of the Propertylor any Interest in the Property is sold or transferred (or if Borrower is not a
natural persof and a beneficial interest in Borrower is sold or trdnsferred) without Lender's prior written consent,
Lender may réquire immediate payment in full of all sums secured|by this Security Instrument. However, this option

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shall not belexercised by Lender if sucti exercise is prohibited by Applicable Law. Lender also shall not exercise this
option if: (@) Borrower causes to be|submitted to Lender informalion required by Lender (o evaluate the intendedtransferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's
security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this
Security Insirument is acceptable to Lender. |

‘To the! extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the|promises and agreements made in the Note and in
this Security Instrument. Borrower will continue to be obligated upder the Note and this Security Instrument unless
Lender releases Borrower in writing. |

If Lenifer exercises the option to require immediate paymest in full, Lender shall give Borrower notice of
acceleration! The notice shall provide a period of not less thar} 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 peridd, Lender may invoke any remedies permitted by
this Security! Instrument without further notice or demand on Borrower.

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12, DOCUMENTARY TAX |

‘The state documentary tax due on this Note has been paid on the morigage securing this indebtedness.

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WITNESS THE HANU(S) AND SEAL(S) OF THE UNDERSIGNED. {
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Nha DE nAtGZa ote Fe
oe ee pos Geaij (Seal)
| -Borrower Borrower

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i Borrower Borrower

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| “Borrower Borrower

 

sim AaNeD OF
Tne Uren +

 

   

PAY TOTHEORDER OF

i | 7
COUNTRYWIDE HOME LOANS 1%

VATHOUT RECOURSE

COUNTRYWIDE HOME LON,
wih
ADIVISONOFTREASURY BARKNA 1) fpre

   

 

_.  kernn An» ) _ | Bawls A. Spector
BYE ER | Managing Orector
VICE PRESIDENT | 7
pee eee Cee
PayUpiton Aka Nole- MIA index - Honda ;
F531 Zirt) (0412) | Proesots | 10104

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PREPAYMENT PENALTY ADDENDUM TO NOTE
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merscnnaeren |
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AYMENT FENALIY ADUENDUM TU Nuie thereinatver "Adgendum’) 1s made ins

Laan nin: a76Kan0429

     

_ tay of iia’. 2008 «a8 pore inion i
and suppipent ine Fromisory Nove (ie "Noie) of same die nie oy tne underigned (ae "BoiTOWer”)(

FIRST MAGNUS FINANCIAL CORPORATION |

 

be deemed io amenu

 

 

(ihe “Lenger") which is securea ay a Deed Gt Trust or Morigage ("Security insirumeni’) on reai property
locaied ai; 11196 SAND POINT TERRACE, BOCA RATON, FL 33428

| I [Property Adress} |

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ADDITIONAL COVENANTS. In addition to the covenants anfi agreements made in the Note, Borrower and
Lender flrther covenant and agree that the paragraph entitlfd either “Borrower's Right To Prepay” or
"Borrowet's Payments Before They Are Due", whichever is applicable, is replaced with the following new
section: | I (

    

i io make payments on Frineipai al any ume petore i iney are due. A prepayment of

unpaid principal is known asa Full Prepayment.” A Prepayment of onty part of the unpaid principai is known
as a “Farual rrepayment. A

xcept as provided below, i may make a Full or Partai repayment at any time. i i make a Partial
equal io one or more oF my moniniy paymel

 

iy due daie may be advanced no more inan one
smate any oiner Faria Prepaymeni, i musi sili make each ier payment as it becomes due and in

   

the same amount, i may make a Full Prepayment at any time} However, if within the first 12 months
alter ihe execuiion of ine ‘make any prepaymenis) wiinin any iZ-monin period the ‘otal amouni of

\ percent ( 20.008 %) of ine original Principal amount of inis
joan, i will pay a prepayment charge in an amouni equal io ine paymeni of six

 

which exceeis

(Sj monins’ advance inieresi gn ine amount ay which ine (pial of my prepaymenis) wiin tai iZ-monin
period exceecs Twaiiy percent ( Z2Gvo. 7) of tne ongina} Frinipal amour of ine
joan.

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BY SIGNING BELOW, Buituwer sCleps aia agiees (6 the Weians ai

      

cits Prepay

Wis Ao Ne

 

 

 

 

ata?
[4 CMA D Kotte Of oaf8S
C7MARIA DE RODRIGUES: : Borrower Date
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T T Borrower | Date
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T T Barower | Date
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|LENDER SUPPORT SYSTEMS INC. PRE.FL.PRE (02/08)

ANT 351, 920. 00
i Deed Doc 1,232.00
| Intang 783. 84
\

Pgs 1613 - 1634; (22pge)

Reiurn Fo:

FIRST MAGNUS FINANGIAL CORPORATION

 

1 as74

 

This document was prepared by:

 

 

{Space Above This Line For Recording Data)

; MORTGAGE
Ea eeeinaas

 

Min. 190038257550004220

   

DEFINITIONS

Words used in multiole sections of this documem are defined below and other words are defined in

[3, 19, 43, 48, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16. E -

 

  

(0) "MEDC" le Mrinace Rlectranie Realetral

(Cy MERS" iS Morigege Screnc 22;

greens wy
actine-colely-ag-a-nominee-for-Lender-and-Lender's"successars

  
  

Security instrument. MERS ts oreanized and existing under the laws of Delaware, and has an
address and telephone of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.

(D) “Lender” is

FIRST MAGNUS FINANCIAL CORPORATION

   

Sharon R. Bock, CLERK & COMPTROLLER