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# IN THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO:
COUNTRYWIDE HOME LOANS, INC. 5020 0.024 8:1 x0XKNB
Plaintiff, 8 BA 9 7 On AM
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Ceanero pauvrinSeaNDRA
TOLENTINO;UNKNO TENANT I;
@uNKNOWN TENANT ILSMORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC.,
AS NOMINEE FOR SUREPOINT LENDING ABN
FIRST RESIDENTIAL MORTGAGE NETWORK,
INC., and any unknown heirs, devisees, grantees,
creditors, and other unknown persons or unknown :
spouses claiming by, through and under any of the fi
.' «Escrow File No.: 80996-09
* *
EXHIBIT "A"
Lot 2, Block 76, GREENVIEW SHORES NO. 2 OF WELLINGTON, according to the Plat
thereof, as recorded in Plat Book 31, Page 120, public records of Palm Beach County,
Florida.e
Assessor’s Parcel Number:
After Recording Return To:
SurePoint Lending abn First Residential Mortgage Network, Inc.
9721 Ormsby Station Road, Suite 107
Louisville, KENTUCKY 40223
Attn:
Prepared By: Bryce Malone
First Residential Mortgage Network, Inc.
9500 ORMSBY STATION ROAD
LOUISVILLE, KENTUCKY 40223
[Space Above This Line For Recording Data]
FIXED/ADJUSTABLE RATE RIDER
(@IBOR One-Year Index (As Published In The Wall Street Journal) - Rate Caps)
DOC ID #:
THIS FIXED/ADJUSTABLE RATE RIDER is made this 27th day of July, 2007, and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security
Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure
Borrower's Fixed/Adjustable Rate Note (the "Note") to SurePoint Lending abn First Residential
Mortgage Network, Inc: ("Lender") of the same date and covering the property described in the Security
Instrument and located at:
13908 FOLKESTONE CIRCLE, WELLINGTON, FLORIDA 33414
[Property Address]
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST
RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE
AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY.
ADDITIONAL COVENANTS, In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
‘Cony
FE-4266 (0603)
+ MULTISTATE FIXED/ADJUSTABLE RATE RIDER - WSJ One-Year LIBOR - Single Family INTEREST ONLY
Initi
Page 1 ofS
ow4266
EZ StA. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial fixed interest rate of 8.875%. The Note also provides for a change
in the initial fixed rate to an adjustable interest rate, as follows:
4, ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
‘The initial fixed interest rate I will pay will change to an adjustable interest rate on the FIRST day
of August, 2014, and the adjustable interest rate I will pay may change on that day every 12th month
thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date
on which my adjustable interest rate could change, is called a "Change Date.” .
@) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The
"Index" is the average of interbank offered rates for one year U.S. dollar-denominated deposits in the
London market ("LIBOR"), as published in The Wall Street Journal, The most recent Index figure
available as of the date 45 days before each Change Date is called the "Current Index".
If the Index is.no longer available, the Note Holder will choose a new index that is based ‘upon,
comparable information. The Note Holder will give me notice of this choice.
(© Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and
One-Fourth percentage points (2.250%) to the Current Index. The Note Holder will then round the result
of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in
Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date.
(®) Limits on Interest Rate Changes
‘The interest rate I am required to pay at the first Change Date will not be greater than 13.875% or
less than 3.875%. Thereafter, my adjustable interest rate will never be increased or decreased on any single
Change Date by more than two percentage points from the rate of interest I have been paying for the
preceding 12 months. My interest rate will never be greater than 13.875% or less than 2.250%.
) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my
new monthly payment beginning on the first monthly payment date after the Change Date until the amount
of my monthly payment changes again. 7
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate
to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of
any change. The notice will include the amount of my monthly payment, any information required by law
to be given to me and also the title and telephone number of a person who will answer any question I may
have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
1. UNTIL MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED
‘Conv
+ MULTISTATE FIXED/ADJUSTABLE RATE RIDER - WS] One-Yeer LIBOR - Single Family INTEREST ONLY
FE-4266 (0603) Page 2 of 5
BE Sy.ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT IS DESCRIBED AS
FOLLOWS:
‘Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, "Interest in the Property" means 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, installment sales contract or escrow agreement, the intent of
which is the transfer of title by Borrower at a future date to a purchaser.
I£ 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 probibited 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 Botrower 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 Jastrument without
further notice or demand on Borrower.
2. AFTER MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED
ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION
11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 18 OF THE
SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS:
Conv
Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, “Interest in the Property" means 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, installment sales contract or escrow agreement, the intent of
which is the transfer of title by Borrower at a future date to a purchaser.
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.
Lender also shall not exercise this option if: (a) Borrower causes to be submitted to
Lender information required by Lender to evaluate the intended transferee as if a new
Joan 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 Instrument is acceptable to Lender.
» MULTISTATE FIXED/ADJUSTABLE RATE RIDER - WSJ One-Year LIBOR - Single Family INTEREST ONLY
FE-4266 (0603) Page 3 of $
VATo the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption. Lender also may 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 under the Note and this
Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, 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.
‘Conv
* MULTISTATE FIXED/ADJUSTABLE RATE RIDER - WSJ One-Year LIBOR - Single Family INTEREST ONLY
FE-4266 (0603) Page 4 of 5
EB StBY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Fixed/Adjustable Rate Rider.
I understand that for the Interest Only Period my monthly payments will not reduce the Principal
balance on my loan. My monthly payments after the Interest Only Period will consist of both
Principal and interest and will be higher unless I have made additional payments to reduce the
Principal balance.
LE ge (Seal) don As (Pooh
(Seal)
Carmelo Tolentino ~Borrower ‘Séndra Tolentino “Borrower
(Seal) (Seal)
“Borrower “Borrower
Cony
* MULTISTATE FIXED/ADJUSTABLE RATE RIDER - WSJ One-Year LIBOR - Single Family INTEREST ONLY
FE-4266 (0603) Page 5 of 51-4 FAMILY RIDER
(Assignment of Rents)
THIS 1-4 FAMILY RIDER is made this 27th day of July, 2007, and is incorporated into and shall
be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the “Security
Instrument”) of the same date given by the undersigned (the “Borrower”) to secure Borrower’s Note to
SurePoint Lending abn First Residential Mortgage Network, Inc. ( the “Lender’) of the same date and
covering the Property described in the and located at:
13908 FOLKESTONE CIRCLE, WELLINGTON, FLORIDA 33414
[Property Address]
1-4 FAMILY COVENANTS, In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In
addition to the Property described in the Security Instrument, the following items now or hereafter attached
to the Property to the extent they are fixtures are added to the Property description, and shall also constitute
the Property covered by the Security Instrument: building materials, appliances and goods of every nature
whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property,
including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity,
as, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus,
Plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers,
disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and
curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including
Teplacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the
Security Instrument. All of the foregoing together with the Property described in the Security Instrament
(or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider
and the Security Instrument as the “Property.”
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or
make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to
the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any
governmental body applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any
lien inferior to the Security Instrument to be perfected against the Property without Lender’s prior written
permission,
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition
to the other hazards for which insurance is required by Section 5.
MULTISTATE 1-4 FAMILY RIDER — Fannie Mac/Freddie Mac UNIFORM INSTRUMENT Form 3170,
S7R(OAIN).01 Page 1 of 4 ST:
use3170 Initials:E. “BORROWER’S RIGHT TO REINSTATE” DELETED. Section 19 is deleted.
F. BORROWER’S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing,
Section 6 concerning Borrower’s occupancy of the Property is deleted.
G. ASSIGNMENT OF LEASES. Upon Lender’s request after default, Borrower shall assign to
Lender all leases of the Property and all security deposits made in connection with leases of the Property.
Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to
execute new leases, in Lender’s sole discretion. As used in this paragraph G, the word “lease” shall mean
“sublease” if the Security Instrument is on a leasehold. 7
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN
POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and
revenues (“Rents”) of the Property, regardless of to whom the Rents of the Property are payable. Borrower
authorizes Lender or Lender’s agents to collect the Rents, and agrees that each tenant of the Property shall
pay the Rents to Lender or Lender’s agents. However, Borrower shall receive the Rents until: (i) Lender
has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has
given notice to the tenant(s) that the Rents are to be paid to Lender or Lender’s agent. This assignment of
Rents constitutes an absolute assignment and not an assignment for additional security only.
Sf Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by
Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security
Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii)
Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender’s
agents upon Lender’s written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents
collected’ by Lender or Lender’s agents shall be applied first to the costs of taking control of and managing
the Property and collecting the Rents, including, but not limited to, attorney’s fees, receiver's fees,
premiums on receiver’s bonds, repair and maintenance costs, insurance premiums, taxes, assessments and
other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender,
Lender’s agents or any judicially appointed receiver shall be liable to account for only those Rents actually
received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage
the Property and collect the Rents and profits derived from the Property without any showing as to the
inadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of ‘taking control of and managing
the Property and of collecting the Rents any funds expended by Lender for such purposes shall become
indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9.
Borrower represents and warrants that Borrower has not executed any prior assignment of the
Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its
rights under this paragraph.
Lender, or Lender’s agents or a judicially appointed receiver, shall not be required to enter upon,
take control of or maintain the Property before or after giving notice of default to Borrower. However,
Lender, or Lender’s agents or a judicially appointed receiver, may do so at any time when a default occurs.
MULTISTATE 1-4 FAMILY RIDER — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3:
S7R(0411).01 Page 2 of 4 Ss
Initials;,Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of
Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security
Instrument are paid in full.
L CROSS-DEFAULT PROVISION, Borrower’s default or breach under any note or agreement
in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any
of the remedies permitted by the Security Instrument.
MULTISTATE 1-4 FAMILY RIDER ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3170 1
S7R(0411).01 Page 3 of 4
Initials:
LeBY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
1-4 Family Rider.
a (Seal) bno> (Seal)
Carmelo Tolentino Borrower ira Tolentino “Borrower
Seal) SEE EEE EEE (Seal)
Borrower,
“Borrower
MULTISTATE 1-4 FAMILY RIDER — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3170 1/01
S7R(O411).01 Page 4 of 4