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Case Number: CACE-18-002037 Division: 11
Filing # 67090658 E-Filed 01/26/2018 12:25:53 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL
CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA
U.S. BANK, N.A., SUCCESSOR TRUSTEE TO GENERAL JURISDICTION
LASALLE BANK NATIONAL ASSOCIATION, DIVISION
ON BEHALF OF THE HOLDERS OF BEAR
STEARNS ASSET BACKED SECURITIES I CASE No.
TRUST 2006-HE10, ASSET-BACKED
CERTIFICATES SERIES 2006-HE10,
PLAINTIFF,
VS.
NORA DUNCAN A/K/A NORA JEAN DUNCAN;
ROBERT DUNCAN A/K/A ROBERT SAMUEL
DUNCAN;
UNKNOWN TENANT #1;
ANY AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER AND
AGAINST THE NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO
BE DEAD OR ALIVE, WHETHER UNKNOWN
PARTIES MAY CLAIM AN INTEREST AS
SPOUSES, HEIRS, DEVISEES, GRANTEES, OR
OTHER CLAIMANTS.
DEFENDANT(S).
VERIFIED COMPLAINT TO FORECLOSE MORTGAGE
AND FOR REESTABLISHMENT OF LOST NOTE
U.S. BANK, N.A., SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL
ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED
SECURITIES I TRUST 2006-HE10, ASSET-BACKED CERTIFICATES SERIES 2006-HE10
(hereinafter referred to as “Plaintiff’), sues Nora Duncan a/k/a Nora Jean Duncan, Robert Duncan
a/k/a Robert Samuel Duncan, Unknown Tenant #1 (hereinafter referred to as “Defendant(s)”) and
alleges:
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‘Our Case #: 17-000407-FRS(13-003013)\SPS-
FLOOI.NOO3
“* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/26/2018 12:25:51 PM.****COUNT I.
FORECLOSURE OF MORTGAGE
1. This is an action to foreclose a Mortgage on real property located in Broward County, Florida.
2. This Court has jurisdiction over the subject matter herein.
3. On or about October 17, 2006, Nora Duncan a/k/a Nora Jean Duncan, executed and delivered a
Promissory Note (the “Note”), and Nora Duncan a/k/a Nora Jean Duncan and Robert Duncan
a/k/a Robert Samuel Duncan executed a mortgage securing payment of the Note (the
“Mortgage”). A copy of the Note and Lost Note A ffidavit is attached hereto as Exhibit A.
4, The Mortgage was recorded on November 3, 2006 in Official Records Book/Instrument 43053,
Page 1785 of the Public Records of Broward County, Florida, and encumbered the property
described in the Mortgage (“the Property”). A copy of the Mortgage is attached hereto as
Exhibit B.
5. The Mortgage was subsequently assigned to BANK OF AMERICA, NATIONAL
ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS
ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2006-
HE10 by virtue of an Assignment of Mortgage (the “Assignment of Mortgage”) recorded on
February 22, 2010 in Official Records Book/Instrument 46891, Page 1318 of the Public
Records of Broward County, Florida. A copy of the Assignment of Mortgage is attached hereto
as Exhibit C.
6. The loan was subsequently modified pursuant to the Loan Modification Agreement, which is
attached hereto as Exhibit D.
7. The Plaintiff is an entity not in possession of the Note but is entitled to enforce the Note.
8. Select Portfolio Servicing, Inc. is the servicer of the loan described in the Note and Mortgage
and, as such, has the authority to initiate the instant foreclosure on the Plaintiff's behalf pursuant
to a Power of Attorney.
9. Defendant(s), Nora Duncan a/k/a Nora Jean Duncan, has defaulted under the Note and
Mortgage by failing to pay the May 1, 2016 payment, and all subsequent payments due
thereafter.
10. All conditions precedent to filing of this action have been performed or have occurred,
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FLOO1.NO0311. The Plaintiff declares the full amount payable under the Note and Mortgage to be due.
12. There is now due, owing, and unpaid to the Plaintiff $479,867.95 that is due on principal on the
Note and Mortgage, together with interest from April 1, 2016, late charges, all costs of
collection (including title search expenses for ascertaining necessary parties to this action), and
reasonable attomey’s fees.
13. The Plaintiff is entitled to insurance premiums, taxes, assessments, and any other advances
made on behalf of the Defendant(s) as set forth in the Note and Mortgage.
14. The Plaintiff is obligated to pay its attorneys a reasonable fee for their services.
15. Defendant(s), Unknown Tenant #1, is joined because it may claim some interest in or lien upon
the Property by virtue of a lease agreement, either written or oral and/or by virtue of being in
possession of the subject property. Said interest is subject, subordinate, and inferior to the lien
of the Plaintiff's Mortgage. Any right, title or interest in and to the Property is junior,
subordinate, and inferior to the lien of the Mortgage.
16. Defendant, Robert Duncan a/k/a Robert Samuel Duncan, is joined because it may claim some
interest in the subject in or lien upon the Property by virtue of ownership in the subject
property. Said interest is subject, subordinate, and inferior to the lien of the Plaintiff's
Mortgage. Any right, title or interest in and to the Property is junior, subordinate, and inferior
to the lien of the Mortgage.
17. Defendant(s), Robert Duncan a/k/a Robert Samuel Duncan, is joined because it may claim
some interest in or lien upon the Property by virtue of being a mortgagor who executed the
mortgage on the subject property recorded on November 3, 2006 in Official Records
Book/Instrument 43053 Page 1785 of the Public Records of Broward County, Florida. Said
interest is subject, subordinate, and inferior to the lien of the Plaintiffs Mortgage. Any right,
title or interest in and to the Property is junior, subordinate, and inferior to the lien of the
Mortgage.
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Our Case #: 17-000407-FRS(13-003013)SPS,
FLG01.NO03WHEREFORE the Plaintiff requests judgment foreclosing the Mortgage and such other
relief as the Court may deem just and proper, including reasonable attorney's fees and costs
pursuant to the terms of the Note and Mortgage, and that the Court reserve jurisdiction to enter a
deficiency judgment for any portion of a deficiency, should one exist, in accordance with Chapter
702 of the Florida Statutes, but not against any defendant discharged from personal liability
pursuant to the previsions of the United States Bankruptcy Code 11 U.S.C. Section 101, et. seq.
COUNT II.
RE-ESTABLISHMENT OF LOST NOTE
18. The Plaintiff re-alleges and incorporates the allegations contained in the paragraphs as set forth
above.
19. This is an action to enforce the lost, destroyed, or stolen subject Promissory Note.
20. The Plaintiff was either entitled to enforce the instrument when it was lost, or has directly or
indirectly acquired ownership of the instrument from a person or entity that was entitled to
enforce the instrument when loss of possession occurred.
21. The loss of possession was not the result of a transfer by the Plaintiff or a lawful seizure.
22. The Plaintiff cannot reasonably obtain possession of the subject Promissory Note because its
whereabouts cannot be determined. A copy of the Lost Note Affidavit is attached hereto as
Exhibit A.
23. The Plaintiff will prove the terms and conditions of the subject Promissory Note and the right to
enforce.
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FLOOI.NOO3WHEREFORE, the Plaintiff requests entry of judgment confirming its right to enforce the
lost, destroyed, or stolen subject promissory note.
Based on the foregoing, U.S. Bank, N.A., successor trustee to LaSalle Bank National
Association, on behalf of the holders of Bear Stearns Asset Backed Securities I Trust 2006-HE10,
Asset-Backed Certificates Series 2006-HE10 has the right to foreclose.
FLAR. CIV. P. 1.115(e) VERIFICATION
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.
U.S. Bank, N.A., successor trustee to LaSalle Bank
National Association, on behalf of the holders of Bear
Steams Asset Backed Securities I Trust 2006-HE10,
Asset-Backed Certificates Series 2006-HE10 by Select
Portfolio Servicing, Inc. as Attorney in Fact
By:
Name: Francia Gamez
Title:___ Document Control Officer
Select Portfolio Servicing, Inc.
Date: l
TROMBERG LAW GROUP, P.A.
Attorney for Plaintiff
1515 South Federal Highway, Suite 100
Boca Raton, FL 33432
Telephone #: 561-338-4101
Fax #: 561-338-4077
Email: Vice@tromberglawgroup.com
This is an attempt to collect a debt, and any information obtained will be used for that purpose.
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Our Case #: 17-000407-FRS(13-003013)\SPS
FLOO1.NOO3EXHIBIT ARoconting Requested By:
When Racorded Retum To:
MONROE GROUP
PO BOX 488 :
KIMBERLING CITY, MO 65886
LOST NOTE AFFIDAVIT Te
crower Fata REFERENCE «: ER cr vcs Suncare
INVESTOR #:
STATE OF UTAH )
dss:
COUNTY OF SALTLAKE )
— Bill KOCH _, being duty sworn, deposes and says under penalty of perjury:
Tama DOCUMENT CONTROL OFFICER of Select Portfolio Servicing, Inc. (the “Company”) 3s
DOCUMENT CONTROL OFFICER of the Company, in the regular course of my job snd duties
and responsibilities, { review business records and documents relating to the servicing of mortgage
foans, including the type of records that are the subject of this Lost Note Affidavit ("Affidavit").
2. [have personal knowledge of the facts stated in this Affidavit by virtue of my review of the
business records maintained by the Company in the ordinary course of business involving the
servicing of the loan that is the subject of this Affidavit.
1
3. On 10/7/2008 , NORA DUNCAN (the “Borrower” executed a promissory note in favor of ENCORE
CREDIT CORP., A CALIFORNIA CORPORATION, DBA ECC CREDIT CORPORATION OF FLORIDA, in
the principal amount of $296,800.00 (the “Note"), which Note is secured by @ mortgage (the
"Mertgage") on the real property and improvements located at 7150 NORTHWEST 45TH STREET,
FORT LAUDERDALE, FL $3319. A true and correct copy of the original Note, together with any
endorsements and/ar allonges, is attached as Exhibit A.
4. On 06/01/2013 the loan govemed by the Note and Mortgage was service released to the Company
for servicing.
5. The business records of the Company reflect that U.S. BANK, N.A, SUCCESSOR TRUSTEE TO
2G96-HE10 (the “Noteholder") acquired the Note on or about 12/01/2006 . The Company services
the Note and Mortgage on behalf of and as attomey in fuct for the Noteholder.
6. The Note was endorsed by ENCORE CREDIT CORP. A CALIFORNIA CORPORATION DBA
ECC ENCORE CREDIT CORPORATION OF FLORIDA specifically into BLANK.
7. Though the Company has conducted a diligent search of the business records maintained in
connection with the Note and Mortgage, possession of the Note cannot reasonably be obtained
because the Note was lost, misfiled, misplaced, destroyed, its whereabouts cannot be determined,
ort is in the wrongful possession of an unknown person or a person who cannot be found or is not
amenable to service of process.
8 The business records of the Company do not show that the Nate was ever released, paid off,
satisfied, assigned, pledged, hypothecated, transferred by the Notcholder, scized through a lawful
seizure, or otherwise disposed of by the Noteholder or the Company.
9. The Noteholder is not in possession of the Note but is entitled to enforce it.
10. Upon information and belief, the Notcholder was the owner of the Note when loss of possession
occurred and was entitled to enforce the Note at that time.
11. The Company is aware that the successors in interest, assigns and/or transferees of the originalAFFIDAVIT OF LOST OR MISPLACED ORIGINAL NOTE Page Z of 3
holder of the Note (collectively, the "Owner*) may rely upan the statements made in this Affidavit
1s lo the Note having been lost, misiaid, misfiled or destroyed and never having been released,
oe assigned, transferred, pledged, hypothecated or otherwise disposed of by the
y.
12, Ifthe Company should ever locate the Note, the Company agrees to provide the Note to the owner
of record of the Property at that time.
15, The Company beehyapes to indemnify and old the Borowerhamles fom sn agit any
and all losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and
related costs, judgments, and other costs and expenses resulting from any claim, demand, defense
of assertion based upon, of resulting from the Company's breach or any covenant, representation or
warranty contained in this Affidavit,
END OF AFFIDAVIT
ONE SIGNATURE PAGB FOLLOWSAPIDAVIT OF LOST GR BISPLACED ORIGINAL NOTE Pago 30! 3
IN WITNESS WHEREOF, the undersigned has executed this instrument on Jun 29 207
———_—__—_
behalf of the Company as attomey-in-fact for U.S. BANK, NA, SUCCESSOR TRUSTEE TO LASALLE BANK
NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES
“TRUST 2006-HE10, ASSET-BACKED CERTIFICATES SERIES 2008-HE10 , with Select Partfolio Servicing, Inc,
as attorney in fact.
SELECT PORTFOLIO SERVICING, INC.
By_73-
Bill Koch
DOCUMENT CONTROL OFFICER
STATE OF UTAH
COUNTY OF SALT LAKE
on_JUN29 2017 setora me, Shelley Malm. a Notary Pubic in and for SALT LAKE in the
‘State of UTAH, personally appeared BILL KOCH DOCUMENT CONTROL OFFICER of Select Portfolio
‘Servicing, Inc., signing on behalf of U.S. BANK, N.A.. SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL
ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES | TRUST
2006-HE10, ASSET-BACKED CERTIFICATES SERIES 2006-HE10 , personally known to me (ar proved to me on
the basis of satisfactory evidenco} to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowedged to me that he/shethey execuled the seme in hivherhelr authorized capacity, and that by
hisfherfthei signature on the instrument the person(s), or the entity upon behalf of which the persen{s) ected,
executed the instrument.
WETNESS my hand and officiai seal,
SHELLEY MAIM.
hs Notary Public Storey Utah
GI My Commission Expios on:
Notary EmrosFEB {1 2021 Soman, Numba: 672961
(his area for notarial saa!)
Prepared By: BILL.KOCH, SELECT PORTFOLIO SERVICING, INC. 3217 8, DECKER LAKE ORIVE, SALT LAKE CITV, UT
‘84119 eoo.2se-a802ADJUSTABLE RATE NOTE
{LIBOR St Month Indes (As Published In The Well Street onal) - Rate Cop)
‘THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY (HTEREST RATE AND MY
MONTHLY PAYMENT. THIS NOTE LINITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MAXIMUM RATE! MUST PAY.
Octabar 17, 2006
Dal Bet ee
‘7150 WORTHNEST 4550 SERENT, VORT LADDERDALZ, YL 33313
(Drvpry Ast
1. BORROWER'S PROMISE TO PAY
a eta fora baz chat Ihave received, | poomisn wo pay U.S. $ 296,800.00 (is mount is exit
pius tnterest, to ho order of Lender, Lender is Bocore Credit Corp., a Californis
Goa ECC Credit Corperstios oF Florida
a perder perreheerinet oh virial yershmpeealopr fase
‘Tenderstend that Lender may transfor this Note. Lender or anyone who takes this Note by transfor end who Is entiied
to receive payments cader this Note is cailed the *Nots Haider.
2. INTEREST
Interest will bo chergod oo capsid priocigal aatil he fall emoust of Principal bas been pald. 1 will pay taterest at a
yeaty ra of 8.900 9. Tho foxarent rato I wil pay may changn in accord with Secon 4 ofthis Nom.
‘Tho tnseres revo reqaad by this Section 2 and Sectca 4 of hls Note le the race Twill pay both befbes and afer sy
defeat Sesclbed tn Section 7(B) of this Nota.
3. PAYMENTS:
(A) Tiss and Piece of Peyments
Teall pay principal end foterert by ming a payment
Tall coe ny noutly pene on ta fed ay of ch or teglotng oa Dececber 01, 2006
Twit mite thess payments crexy vay owt ent 1 Bare po il of Gi pip nt nore oid ay wy coer charges
eccribed below hat I may owe under this Note. Bach monthly payment will be applied as of its achedated dus dsts 2nd will
be applied to interest before Prisetgal. If, on Yovesber 1, 2036 + 1 ctl owe ssanonts wader this
Foes, [will pay thosa aoonss fo fil on thas dan, wich Is called tho “Daily Daw.*
‘Twill make my mmonihly payments ot 1833 Alten Parkway, Tevine, CA 92606
(Fata different place if roquired by tho Noto Holder,
(@) Amocnt of My Inttial
2a ay ttl aoahy pees wots Co amar of U.S. $2, 262.14 ~ This amount,
may cape
{C) Monthly
(Changes fo my waoathly payment will reflect changes in che unptid principal of my toan and fo tho intecest rats chet 1
mast pay. ‘The Now Holder wil determine my ew inverest rete sod tho chinged amount of my monttly payment fo
sccondence wiih Section 4 of this Note.
a ot
Se ee eee ee on
Byesett oessiss Form 2520 1101
I
Por created with pafractory Pro tial version www pdffactory.com4 INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
‘Ten temres me Twi poy may ang co eS dy ftovecbor, 2008 and co that dy every
oo (Geveater, Bach dare on welch my fact rats could change fs called a “Change Das
Bagimning wth the first Change Dane, may loceres rete will bi based on sn Index. The “Eodex” ts te average of
tnarbeok ore ras fsx mont U.S. Gl demind Espada fo in nica saret CLIBOR") o pb
‘Tha Wail Seat Journal, Too toet seent inex figure avalahle us of i frm toxin day of tha mont tmmotialy
preceding the month in which the Changs Daze orcars fs called the *Cent In.’
Ur tho tase fo bo longer avalshts, tho Now Holder will chooso a cow todor that fs based open comparsbis
‘“QamuetGeg
[Before each Chango Dias, Gos Noto Bolder will cxtalica ry new interest rts by adding Eiwa aod ooe—quartar
pereentags points ( 5,250 %) to Be Corent
Totes. The Nowe Holder will thea romd the result of this addition to the nearest on-eighih of ons peromtage poiat
(ES), Sno eed Seton 4D) bo, is del oa wl ay are rl i et
‘The Note Helder will then determine the amount of the mooihty payment that would be suftctent to repay the unpaid
(prtoctpal thas am expected to owe at os Change Duis fn fol oo tho Manarty Dio st my cow laterest rss io sabstantialy
‘ql payenenta. Tho reealt of cis calentation wil be the new smount of my monthly payment.
(D) Limits on Interest Rate Changes
‘Tis taterest rato I ama required to pay et the firat Change Date will not be gresier than 20.500%
or fess tha 8.800%. Therechir, By lnm rae Wl pvr blared or ere co my agi
1 (Changs Dus by more tan one percentage potazty) ( 2.000 %)
fom ers of acre have bn pag fr peeing ‘mons, My fxterest rate will uover be greeter
113.500% or lem then 8.509.
© (5) Rita Dat Cnogs
‘My new interest rate wil becuse effective on cach Changs Data. I will poy tbe omount of my pew monthly payment
le ee ey nes eter Dee De Sa a arene
‘Be Nom Rees wil ie o tall ome can of ay change fo my Inet io and ho ant fy eanchty
payeasat befoeo to effactive dais of any chetge. Tbe notien will Ictade scan rad yew wb re md
‘so the ts and wdepbons number of « person who will axrwer exy question I oany have regerding the:
5 BORROWER'S RIGHT TO PREPAY ¢*Sce attached Propsyzent Addendua
‘Tbave to right wo nutke payceuns of Principal at any thas before they ave duc. A payment of Princip only [s knows
ws a “Prepac” When [ako a Progam, I wil ol ho No Hales fa wrbiag at 1 em dings I ay et
Gesigoee a payment 23 0 Prepayment soonthty payments |
‘T may make a fell Prepayment cr partial Prepayments without paytog say Prepayment charge. The Note Holder wil
‘payments uniess the Note Holder egrees in writing to those changes. Béy partial Prepeyment may reduce the amount of my
‘Meattly payments ser tbo first Change Date following my partial Prepaymest. However, eny redaction dus to my pestis)
‘Prepayment may be offict by an interest rats increasn.
6. LOAN CHARGES
Ifa low, which applies to tis fan and which sets manimom loan clarges, fs finally Interpreted vo thet tha interest or
ater nen args ella or be cole in contcon wt hi lam ened tha pound Fn, ox (9 ey sch
lem chang lb rode by he manent meaoy orden dn cee oe ped Hy nd) ny sa aty
mis will be refonded to mn. Tha Mote Helder may choose to man dis rend
ty dang ts Procipl I ome end is Nate ty caing» Gea pps wm Wa edad veloc Pisce de
‘redaction will be wescod asa paral |
anes aaa =
6 PDF created with pdfFactory Pro trial version www.pdffactory.com‘Interests uansferred f0 @ eal tor ond, ome for ed ene ta unas of eae agua
‘totent of which fs the cuncies of title by Borrower 1 fstare dete to a purchaser.
‘egroement in this Security Inserument is scceptsble to
Ts Ges ply fp a, my gt aie
‘consent to ths toan sssumption. Lender also may sequire che tmntfores to eign en aniummption egrenment ditt #3
‘eccepeable to Lender cod that obtigairs tha trensferes to keep ail ths tod ego odo io Re
and to this Sccurity Insoument, Borrower will coations to be under the Note md tis Secarty
Instroment unless Lender refeztes Borrower fa waling.
If Lender exercias the option to require immodiain paymacot ta full, Leader shall give Borrower notice of
cccederatien. The notice abafl previée 2 period of cnt teks then 30 days fam che dots the notics fs gtven io
tccondance with Sectlon 15 within which Bocrower anit pay a sums socured by this Socutty Fasement. If
[Bocrower fills to pay these sa prior tothe expraton of is period, Lecter roy krvoke any remedies permined
boy thle Seeurey Instrument es Res a ata some ecnrestTa®
12, DOCUMENTARY TAX
POCTRONTARY TAR emperor ny nate,
THE, AND SSAL(S) OF THE UNDERSIGNED.
Seed) Ges)
Sorerer acces
Seat) (Seal)
‘Borrower Borower
Gest) (Sex)
oer Sarowe
Seal) (Beal)
Sarwd Pocrewer
{Sige Ortgtsal Only}
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e COssm2vd
Bncore Credit Corp., a California Corporation, dba
BCC Credit Corporation of Florida
1833 Alton Parkway
Irvine, CA 92606
‘This document was prepared by:
gneore Credit Corp., a California Corporation, db!
gcc Credit Seperation of Florida Tt
1833 Alton Parkway
Irvine, CA 92606
TO REC. DEVE.
a [Specs Abore This Line For Recording Data)
‘sn MORTGAGE
‘MIN 200180200003716742
DEFINITIONS
Words used in walle sections of this document se defined below and other words are defaad
Sections 3, 11, 13, 18, 20 and 21. ‘Certain rules regarding the usage of words used in this document are
‘also provided in Section 16.
Instrament"* means this document, which is dated october 17, 2006
(A) "Security
together with all Riders to this document.
(8) "Borrower" is ROBERT OUNCAN AND NORA DUNCAN, HUSBAND AND WIFE
Instroment. MERS is organized and existing
‘address and telephone number of P.O. Box 2026, Flint, ‘MI 48501-2026, tel. (888) 679-MERS. -
@) "Lender" is Encore Credit Corp., # California Corporation, dba Ecc-Credit
Corporation of Florida . .
372674
FLORIDA-Singe Family Fann Mun/Freddia Mac UNIFORM WWSTRUMENT WITH HERS (gem 2010 101
Bpsxeyorone:
amr tt
wupucmosarrorus. suopavzes1 ASSLender isa Corporation
organized and cxisting under the laws of California
Lender's address is 1833 Alton Parkway
Irvine, CA 92606 :
(B) "Note" means the promissory note signed by Borrower and dated October 17, 2006 |
“The Note states that Borrower owes Leader two hundred ninety-six thousand aight
hunded and 00/100 ‘Dollars
WS. $296,800.00 Borrower has promised to pay this debt in regular Periodic
ayroents aad to pay the debt in fall not later than Novenber 1, 2036 .
Fer ery eam te property tat s desorbed Below under te heafing “Transfer of Rights inte
Property.
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
Note, ond all cums due under this Secority Instrument, plus interest.
{H) “Riders means all Riders to this Secority Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable):
| Condominium Rider ‘Second Home Rider
Planned Unit Development Rider 1-4 Family Rider
Biweekly Payment Rider Other(s) [specify]
Propayment Rider
controling applicable federsi, state and local statntes, regulations,
ite od orders (bat have the effec of law) as well as all applicable final
Dues, Fees, and Assessments" racans all dues, fees, assessmneats ond other
Borrower o the Property by a condominium association, homeowners:
(2) "Escrow Ienas” means those items that are described in Section 3.
as Proceeds” means any compensation, senement, award of damages, cor proceeds paid
insurance paid under the coverages described in Secion 5) for: @)
damage to, or destruction of, the Property: (Gi) exodemnation or other taking of all or any part of the
Prarety: til) exnveyence in lieu of condemnation; or (+) misepresentations of or omissions as to, the
‘value and/ar condition of the Property.
1) rans sing sit Oe rr SNS
{(0) "Periodic Payment” mems the regularly scheduled amount due Tor @ principal and interest under che
Note, plus (i) any amounts under Section 3 of this Security Instrument
371674
con
OANFY exenes Pager 6 RD Form 3010 1/01BORROWER COVENANTS that Borrower is lawfully sised ofthe estate hereby conveyed and has
the right to mortgage, fant and convey the Property and tht the Preperty is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
Claims and demands, subject to any encumbrances of record.
‘THIS SECURITY INSTRUMENT combines uniform covenants for national use md non-uniform
‘covenants with limited variations by jurisdiction to constitute a uniform security instrument covering, real
property.
‘UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1 Payment of Princlpal, Interest, Escrow Hers, Prepayment Charges, and Late Charts
selected by Lender: (a) cash; (>) money order;
cashier's check, provided any such check is drawn
payment
hereunder or prejudice 10 its rights to refuse such payment or partial
is not obligated to apply such payments ut the time puch payments ae
cmd If each Parodie Payment is applied as of i scheduled due dae, chen Lender neat Po Poy
interest on unapplied funds. Lender may hold such umapplied i
aaa on rent If Borrower does not do so within a reasonble period of time, Lender shal bes sPp1¥
ae pane orvetum Uhem to Borrower. If not applied eater, such fonds willbe applied tothe oustanding
inci is foreclosure. No offset or claim which Borrower
might eve Borrower from making payments due under
a a tis Security Sastrureat or perforin the covenants and agrernets secured by tis Seerty
Instrument.
F application of Payments or Procends. Exoept as olervise deaibod in this Senion 2. ot
ayments ncepled ad applied by Lender shall be applied inthe following order of prio: (0) eee
due under the Note; (b) pri due under the Note; (c) smounts due under Section 3. Such payments
shall be applied to cach jodie Payment in the order in which it became due, Any rentaining amounts
dae ered fra to late charges, second to any otter amouns due unde his Security Instrument nd
‘371674
SAA ereH 1 Form 3010 1/01(P) "RESPA" means the Real Estate Settlement Procedures
implementing regulation, Regalation X,
‘or successor legislation or
fastrument, "RESPA" refers (o all requi
felted merigage Yom” ‘even if tse Loan
“Successor in Interest of Borrower" means
() Succes in Tee of Dorey lions oer oe
“TRANSFER OF RIGHTS IN THE PROPERTY
thot has taken title to the Property,
Note and/or this Secusity Instrumeat.
Security
MERS (solely as nominee for Lender
assigns of MERS, the following described property Joeatod in the County
A
Parcel 1D Number: 19115-06-05200 which currently has the address of
[Street
{cis}, Florida 33319 Zip Cosel
thu pss ron.‘can be paid in full. To the extent that any excess
‘cone or more Periodic Payments, such excess
‘Prepayments shall be applied first to any prepayment
Any application of payments, insurance proceeds,
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow ltems, Borrower shall pay to Lender an Une day Periodic Payments are duc
ander the Note, until te Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) tes and assessments and other items which can atain priority over this Security Instrument 3 &
payments or ground rents on the Property. if any, (©)
under Section 5; and (d) Mortgage Insurance
Lender in lieu of the payment of Mortgage
tion 10. These items are called “Escrow
require that Community
agreement
is used in Section 9. It Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
+ eee falls to pay dhe amount due for an Escrow Item, Lender may exercise it rights under Section 9
red pay sich amount and Borrower shall then be obliged under Section 9 to repay to Lender any such
and Pay sader may revoke the valver 25 10 any oF all Escrow lems at any time by @ nouce piven In
aaa rt ac with Seaton 1S and, pon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
‘collect and bold Funds in sn mount (a) sufficient to permit Lender to apply
‘under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. ender shall estimaic the amount of Funds due on the basis of current dain and
varie eximatcs of expendicaes of fuure Escrow Items or oxberwise in eccordance with Applicable
Law.
‘The Funds shall be held in an stitution whose deposits are insured by a federal agency.
snanmenaly, or entity (nciuding Lender, if Lender is an instiaton whose deposits are so insured) ct fn
thy Foteral Home Loan Bank. Lender shal spply the Fonds to pay the Escrow lies no late than Os He
‘pected under RESPA. Lender sal not charge Borrower fr holding and applying the Funds, anyshy
analyzing the escrow acoount, or verifying the Escrow liems, unless Lendes pays Borrower interest on the
Funds and Applicable Law permits Lender to
Tr Applicable Law requires intrest 0 be paid on the Funds, Leader shall sot be required to pay Berowet
ory bherest or earnings on the Funds. Borrower and Lender can agree in Writing, however, tha inieres
a A 371674
RL
ANE poosi0s For 3010 1/05,stall be poid on the Fonds. Lender shall give to Borrower, without charge, ax annual accounting of the
Punds as required by RESPA.
Tf there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account 19
Borrower forthe cxoess funds in accordance with RESPA. Uf there is a shortage of Funds held in escrow,
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay 0
Lender the amount necessary to make up the shortage in accordance With RESPA, but in no more than 1
monthly payments. If there 18a deficiency of Funds beld in escrow, as defined under RESPA, Lender shall
olity Borower as rogured by RESPA, and Borrower shall pay to Lender the amount necessty 49 make
up the deficiency in accordance with RESPA, but inno more than 12 monthly payments,
Upon in foll of all sums socured by this Security Instrument, Lender shall promptly refund
to Borrower aay Funds held by Lender.
“d, Charges; Lene. Borrower shall pay all taxes, sssesunents, charges, fines, and imposiions
atwibuiable to the Property which can attain priority over this Security
ground rents on the Property, if any,
the extent that these items are Escrow
Borrower shall
improvements now existing or hereafter crected on
Borrower
Tors by fire, hazards included within the term “extended coverage,” and any
‘and floods, for which Lender requires insurance.
Payment of any fees imposed by the Federal Emergency Management
Teview of any flood zone determination resulting from an abjection by Borrower.
‘371674
SDAA e011 : ia a Form 2010 4/04If Borrower fails to maintain any of the coverages
‘coverage, at Lender’s option and Borrower's expense. Lender i
particular type or amount of coverage Therefore, such coverage
‘Borrower, Borrower’ s equity in the Property, or the
renewals of such policies shall be subject to Lender's
mortgage clause, and shall name Leader 9s
Fight to hold the policies and renewal
all receipts of paid premiums and
otherwise required by Lender,
‘and restoration in a single payment or in a series
ted, Unless an agreement is made in waiting or Applicable Law
‘Lender shall not be required to pay Borrower any
proceeds, Fees for public adjusters, or otber third partes, reisined by
proceeds and shall be the sole obligation of Borrower. if
aor aetalon or repat is not economically feasible or Lendea's security would be lessened, the insurance
rede dl be applied to te sure socurd by tis Sern Inirument, whether or not then fu, wt
Bec ie. Boos ihm eds al pen oi Ps 9
ion 2.
If Borrowes abandons the ‘and settle any available insurance
i matters. If Borrower to a notice from Lender that the
‘and seule the claim. The 30-day
acquires the Property under
to any insurance
Inseroment, and
wa ZO. 371674
BPAY oro501 ge ot 10 Ai Form 3010 1/016 Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Sccurty Instrument and shall continue to oosupy the
Property as Borrower's principal residence fora! last one year aes the dae of occupancy, untess Lender
in writing, which consent shall not be unreasonably withheld, or unless extenuating
Borrower's control.
Tepresentations
Property as Borrower's principal residence.
9, Protection of Lender's Interest in the
373674
Z;AAFU coosrer Form $010 1/01become additional debt of Borrower
Note rate from the date of
requesting,
payment,
Tt this Security Instrument is on a leasehold, Borrower shall comply all the provisions of the
lease. {ths Seoutty Males fee vide to the Property, the leaschold and the foe ttle shall not merge unfess
Lender agrees to the merger in writing.
10, Mortgage Insurance. If Lender
Borrower shall pay the premiums required to
to pay interest
ts Barro eimsburees Lender (ot any entity that purchases the Note) for certain losers it
sony oc porrower does not repay we Loan &s agresd. Borrower is not a party ro the Monenge
of the Note, another insurer, any relnsures,
ly of indirectly) arpounts that
Insurance, in
372674
BEAPV o1H01 Form 2010 1/01the rights Borrower has - if any - with respect to the
Mortgage Protection Act of 1998 or any other law. These rights
may Include the eight ‘to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance termiaated automatically, anor to receive a
fan of any Marigage Insurance premiums that were unearned at the tme of such cancellation or
Proceeds; Forfeitore. All Miscellaneous Proceeds are bereby
Form 3010 1/01
PAD acess top oanany avard or claim for damages tat ar aibutable to the impairment of Lende’s interest in the Propety
ave hereby assigned and shall be paid vo Lender.
Srey ree eneous Proceeds that are nol applied to restoraion or repair of the Property shall be
in the order provided for in Section 2.
J ‘Successors.
‘and liability shall be joint and several. ‘However, any Borrower who
‘but does not execute the Note (a “ igner*): (@) is co-signing this
ge, gant and convey the co-signer's interest in the Property under the
i the sums secured by this Security
modity, forbear or
4
provisions of Section 18, any Successor in Interest of Borrower who assumes
‘onder this Security Instrument in writing, aid is approved by Lender, shall obtain
Instrument, Borrower shall not be released from
‘express amborit
‘probibition on the charging of such fec. Lender may not
this Socurity Jastrument or by Applicable Law. _
‘maximum loan charges, and that law is finall
that the interest or other loan charges collected in connection with the
i its, then: (a) any such loan charge by
Tiruit; and (b) any sums already
. Lender may choose
ByrAPU oven Page ts cf 18Lav; Severability; Rules of
Jo and te law fhe json
17. Borrower's Copy. Borrower shall be given one
18, Transfer of the Property or a Beneficial Interest in Borrower.
“Interest in the Property” means any is in the Property,
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
the invent of which is the transfer of ttle by Borrower at x futare date to a purchaser,
Tall or any part of the Property or any Interest inthe Property is sold ot wansferrod (or if Borrower
isnot anaural person and a beneficial Imerest in Borrower is sold or wansferred) without Lenders pricr
1s ro eivent’ Lender may require immediate payment in full of all sums secured by thls. Security
Fees ce sHowever, this option shall not be exercised by Lender if such exercise is prohibited by
tn ‘
19. Borrower's Right
Borrower shall have the right to
prior to the earliest of: (a) five days
this Security Instrument; (b) such
Borrower's right to reinstate, or
conditions are that Borrower: (2) pays
Instrument and the Note as if no accel
agreements; (c) pays all
to, reasonable aitomeys’ fees, property
371674
SAL eeesses : oe Form 2010 1/08purpose of protecting Lender's
takes such action as Lender may
teqoire that Borrower pay such
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money onder; (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 ot entity; of (d) Electronic
Funds Transfer. ‘Upon reinstatement by Borrower, this Security Instrument and obligaions secured hereby
shall remain fully effective as if no acceleration had occurred, However, this ight to reinstate shall not
apply in the case of acceleration under Section 18,
20, Sale
Cf be joined o any judicial action (as either an
individual Higant or the member of a class) tba arises from the other party's actions parsutnt to this
‘Secority Instrument or that alleges that the other party has
arson of, this Security Instrument, until such Borrower or Lendes has notified the other panty (with such
Toe given in compliance with the requirements of Section 18) of such alleged breach and afforded dh
‘he pany Hereio a reasonable period after tbe giving of such notice to take corrective ation a
‘Applicable Law provides a time period which must elapse before cern action can be keh, that time
period will be deemed to be reasonable for purposes of this paragraph. i
Spportunity 40 cure given to Borrower pursuant to Section 22 and the
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
‘action provisions of this Section 20.
21, Hazardous Substances.
371674
oun pasar Page 13 ot 16 7 Form 3010 1/01Borrower shall not cause or permit the presence, use, disposi, storage, of release of any Hazardous
‘Substances, or threaten to release any Hazardous Substances, an or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, ‘crealcs a condition that adversely affects the value of the Property. The preceding,
two sentences shall not apply to the presence, use, of storage on the Property of small quantities of
‘generally ‘to be appropriate to normal residential uses and 10
(including, but not limited to, hazardous substances in consumer products).
‘Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, fawsuit
cor other action by any governmental or regulatory agency ot private party involving the Property and any
Hazardous Substance ot Environmental Law of which Borrower hes actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or wweat of
release of any Hazardous Substance, and (c) any condition enused by the presence, use or release of a
Harardous Substance which adversely affects the value of the Property. If Borrower leams, or is wotified
by any governmental or ‘authority, of sny private party, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing berein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS.
22. Acecleration; Remedies. Lender shall give
Borrower's breach of any covenant or agreement in this Security Instrument (but cot prior to
acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify:
(a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the
date the notice is given to Borrower, by which the default must be cured; and (d) that failore to cure
before the date speeified in the notice may result in acceleration of the sums secured
by this Security Instrument, foreclosure by judicial
shall further inform Borrower of the right to
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration
and foreclosure. If the defsalt is not cured on or before the date specified in the notice, Lender at Its
option raay require immediate payment in full of all suros secured by this Security Instrument
without further demand and may foreclose this Security Instrament by Judicial proceeding. Lender
Ghalt be entitled to collect all expences incurred in pursuing the remedies provided in this Section 22,
including, but not limited to, reasonable attorneys" fees and costs of title evidence.
23, Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this
Security Instrument, Borrower shall pay any recordation costs. Leader may charge Borrower a fee for
releasing this Seourity Instrument, but only ifthe fee is paid to a third party for services rendered and che
25, Jury Trial Waiver. The Borrower
proceeing, csim, or counterclaim, whether in contractor tr, at law or in equity, arising out of or in any
‘Way related to this Secarity Instrument or the Not.
‘371674
an QO
yA cones age 16 085 A Form 3010 1/04BY SIGNING BELOW, Borrower sccepis and agrees to the terms and covenants contained in this
Security Ingtnement and in any Rider executed by Borrower and recorded it
Signed, sealed and delivered in the presence of: \
7150 NORTHWEST 45TH STREET
FORT 1 PL (Address)
371674
Page th ot 16 Form 3010 1104STATE OF FLORIDA, County ss: Beowaro
‘The i acknowledged bef ‘
ons Meza was cig ore me is 17] OcTogeR, Rea
who is personally known to me or who has produced Fuoe as identification.
en Notary Pubic State of Flodda
. , dare Haley
¥ (ity Commeasion 00364965
Expres 12/10/2008
371674
vn YIP
SPAY oreer01 Page io.et ia RD Form $010 1/01EXHIBIT "A"
ALL THAT CERTAIN LAND SITUATE IN BROWARD COUNTY, FLORIDA, VIZs
LOT 4 IN BLOCK 4, OF BOULEVARD EAST, ACCORDING TO THE PLAT
‘THEREOP, AS RECORDED IN PLAT BOOK 94, PAGE 47, OF THR PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA.
YOR INFORMATIONAL PURPOSES ONLY: THY APN IS SHOWN BY THE COUNTY
ASSESSOR AS 19215-06-05200) SOURCE OF TITLE 28 BOOK 27462, PAGE
0978 (RECORDED 12/26/97)ADJUSTABLE RATE RIDER
{LIBOR Six-Month Index (As Published In The Wall Street Journal) - Rute Caps)
‘THIS ADJUSTABLE RATE RIDER is made this 17th day of October, 2006 '
‘and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or
Security Deed (the "Security Instrumsnt”) of the same date given by the undersigned ("Borrower") o secure
Borrower's Adjustable Rate Note (the "Note")(o Encoro Credit Corp., a California
Corporation, dba ECC Credit Corporation of Florida
(CLendes”) of the same date and covering the property described im the Security Instrument and
located at:7150 NORTHWEST 45TH STREBT, FORT LAUDERDALE, FL 33319
[Proparty Address}
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE
AMOUNT BORROWER'S 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 Sccurity
Instrument, Borrower and Lender further covenant and agree us follows:
‘A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
‘The Note provides for an initial interest rate of 8,500%, The Note provides for
changes in the interest rate and the monthly payments, a follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
‘The interest sate I will pay may change on the first day of November, 2008 7
and on that day every 6th ‘month thereafter, Each date on which my interest rate could change
is called a "Change Date.”
371674
MULTISTATE ADJUSTABLE RATE RIDER-LIBOR SOGMONTH INDEX (AS PUBLISHED i THE WALL STREET
JOURNAL) -Single Famay
1499809 cao
Page tote weal ZE_KK
MP MORTGAGE FORMS - (800}521-7291@®) The Index
Beginning with the fust Change Date, my interest rate will be based on an Index. The “Index” és the
average of interbank offered rates for six month US. dollar-denominated deposits in the London market
CLIBOR?), as published in The Wall Street Journal. The most recent Index figure available as of the fist
business day of the month immediately preceding the month in which the Change Date occurs is called the
“Current Index.”
Tf the Index is no longer available, the Notc Holder will choose a new index that is based upon
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before cach Change Date, the Note Holder will calculate my new interest rate by adding
five and one-quarter percentage points
( 5.280 %) 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 uke next Change Date.
‘The Note Holder will then determine the amount of the monthly payment that would be sufficient to
repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my
‘new interest rate in substantially equal payments. The result of this catculation will be the new amount of my
‘monthly payment.
{D) Limits on Interest Rate Changes
‘The interest rate 1 am required to pay at the first Change Date will not be greater than
10.500 % orless than 8.500%, Thereafter, my interest rate will
never be increased of decreased on any single Change Date by more than ono
Dercentage points
¢ 1.000 %) from the rate of interest I have been paying for the preceding
months. My interest rate will never be greater than 13.500% or less than 8,500 %,
(E) Effective Date of Changes
‘My new interest rate will become effective on each Change Date. 1 will pay dre amount of my new
roonthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again.
() Notice of Changes
‘The Note Holder will deliver or mail to me a notice of any changes in my interest mte and the amount
‘of my monthly payment before the effective date of any change. The notice will include information
required by law to be given to me and also the (idle and telephone number of a person who will answer any
question I may have regarding the notice.
371676
vase ZO Ks8. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Uniform Covenant 18 of the Security Instrument is amended to read as follows:
‘Transfer of the Property or 2 Beneftctal 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 transfered in a boud for deed, contract for deed, installment
sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a
fanure date to a purchaser.
If all os any part of the Propeny or any Loterest in the Property Is sold of transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or wansferred)
without Lenders prior writen 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
imended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably
determines that Lenders security will not be impaired by the toan assumption ond that the risk of
a breach of any covenant or agreement inthis Security Instrument is acceptable to Lender.
To the extemt 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 wransferee 10
‘sign an assumption agreement that is acceptable to Lender and that obligates the transferee 10
keep all the promises and agreements made in the Note and in this Security Instrument. Borower
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 tess 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 Iastrument. If Borrower fuils (0 pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Secarity Instrument
‘without funber notice or demand on Borrower.
114009608 yomny Page Sol 4, Borrower accepts and agrees to he terms and covenants contained in this
(Seal) Minn
(Seal)
Pee qT -Sorow ROBERT DUNCAN Boome
(Seal) (Seal)
Borrower Borrower
(Seal) (Seal)
-Bonower Borrower
(Seal) (Seal)
-Boaower Borrower,
3716
Preview
Case Number: CACE-18-002037 Division: 11 Filing # 67090658 E-Filed 01/26/2018 12:25:53 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA U.S. BANK, N.A., SUCCESSOR TRUSTEE TO GENERAL JURISDICTION LASALLE BANK NATIONAL ASSOCIATION, DIVISION ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I CASE No. TRUST 2006-HE10, ASSET-BACKED CERTIFICATES SERIES 2006-HE10, PLAINTIFF, VS. NORA DUNCAN A/K/A NORA JEAN DUNCAN; ROBERT DUNCAN A/K/A ROBERT SAMUEL DUNCAN; UNKNOWN TENANT #1; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS. DEFENDANT(S). VERIFIED COMPLAINT TO FORECLOSE MORTGAGE AND FOR REESTABLISHMENT OF LOST NOTE U.S. BANK, N.A., SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2006-HE10, ASSET-BACKED CERTIFICATES SERIES 2006-HE10 (hereinafter referred to as “Plaintiff’), sues Nora Duncan a/k/a Nora Jean Duncan, Robert Duncan a/k/a Robert Samuel Duncan, Unknown Tenant #1 (hereinafter referred to as “Defendant(s)”) and alleges: Page 1 ‘Our Case #: 17-000407-FRS(13-003013)\SPS- FLOOI.NOO3 “* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/26/2018 12:25:51 PM.****COUNT I. FORECLOSURE OF MORTGAGE 1. This is an action to foreclose a Mortgage on real property located in Broward County, Florida. 2. This Court has jurisdiction over the subject matter herein. 3. On or about October 17, 2006, Nora Duncan a/k/a Nora Jean Duncan, executed and delivered a Promissory Note (the “Note”), and Nora Duncan a/k/a Nora Jean Duncan and Robert Duncan a/k/a Robert Samuel Duncan executed a mortgage securing payment of the Note (the “Mortgage”). A copy of the Note and Lost Note A ffidavit is attached hereto as Exhibit A. 4, The Mortgage was recorded on November 3, 2006 in Official Records Book/Instrument 43053, Page 1785 of the Public Records of Broward County, Florida, and encumbered the property described in the Mortgage (“the Property”). A copy of the Mortgage is attached hereto as Exhibit B. 5. The Mortgage was subsequently assigned to BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2006- HE10 by virtue of an Assignment of Mortgage (the “Assignment of Mortgage”) recorded on February 22, 2010 in Official Records Book/Instrument 46891, Page 1318 of the Public Records of Broward County, Florida. A copy of the Assignment of Mortgage is attached hereto as Exhibit C. 6. The loan was subsequently modified pursuant to the Loan Modification Agreement, which is attached hereto as Exhibit D. 7. The Plaintiff is an entity not in possession of the Note but is entitled to enforce the Note. 8. Select Portfolio Servicing, Inc. is the servicer of the loan described in the Note and Mortgage and, as such, has the authority to initiate the instant foreclosure on the Plaintiff's behalf pursuant to a Power of Attorney. 9. Defendant(s), Nora Duncan a/k/a Nora Jean Duncan, has defaulted under the Note and Mortgage by failing to pay the May 1, 2016 payment, and all subsequent payments due thereafter. 10. All conditions precedent to filing of this action have been performed or have occurred, Page 2 ‘Our Case #: 17-000407-FRS(13-003013)\SPS FLOO1.NO0311. The Plaintiff declares the full amount payable under the Note and Mortgage to be due. 12. There is now due, owing, and unpaid to the Plaintiff $479,867.95 that is due on principal on the Note and Mortgage, together with interest from April 1, 2016, late charges, all costs of collection (including title search expenses for ascertaining necessary parties to this action), and reasonable attomey’s fees. 13. The Plaintiff is entitled to insurance premiums, taxes, assessments, and any other advances made on behalf of the Defendant(s) as set forth in the Note and Mortgage. 14. The Plaintiff is obligated to pay its attorneys a reasonable fee for their services. 15. Defendant(s), Unknown Tenant #1, is joined because it may claim some interest in or lien upon the Property by virtue of a lease agreement, either written or oral and/or by virtue of being in possession of the subject property. Said interest is subject, subordinate, and inferior to the lien of the Plaintiff's Mortgage. Any right, title or interest in and to the Property is junior, subordinate, and inferior to the lien of the Mortgage. 16. Defendant, Robert Duncan a/k/a Robert Samuel Duncan, is joined because it may claim some interest in the subject in or lien upon the Property by virtue of ownership in the subject property. Said interest is subject, subordinate, and inferior to the lien of the Plaintiff's Mortgage. Any right, title or interest in and to the Property is junior, subordinate, and inferior to the lien of the Mortgage. 17. Defendant(s), Robert Duncan a/k/a Robert Samuel Duncan, is joined because it may claim some interest in or lien upon the Property by virtue of being a mortgagor who executed the mortgage on the subject property recorded on November 3, 2006 in Official Records Book/Instrument 43053 Page 1785 of the Public Records of Broward County, Florida. Said interest is subject, subordinate, and inferior to the lien of the Plaintiffs Mortgage. Any right, title or interest in and to the Property is junior, subordinate, and inferior to the lien of the Mortgage. Page 3 Our Case #: 17-000407-FRS(13-003013)SPS, FLG01.NO03WHEREFORE the Plaintiff requests judgment foreclosing the Mortgage and such other relief as the Court may deem just and proper, including reasonable attorney's fees and costs pursuant to the terms of the Note and Mortgage, and that the Court reserve jurisdiction to enter a deficiency judgment for any portion of a deficiency, should one exist, in accordance with Chapter 702 of the Florida Statutes, but not against any defendant discharged from personal liability pursuant to the previsions of the United States Bankruptcy Code 11 U.S.C. Section 101, et. seq. COUNT II. RE-ESTABLISHMENT OF LOST NOTE 18. The Plaintiff re-alleges and incorporates the allegations contained in the paragraphs as set forth above. 19. This is an action to enforce the lost, destroyed, or stolen subject Promissory Note. 20. The Plaintiff was either entitled to enforce the instrument when it was lost, or has directly or indirectly acquired ownership of the instrument from a person or entity that was entitled to enforce the instrument when loss of possession occurred. 21. The loss of possession was not the result of a transfer by the Plaintiff or a lawful seizure. 22. The Plaintiff cannot reasonably obtain possession of the subject Promissory Note because its whereabouts cannot be determined. A copy of the Lost Note Affidavit is attached hereto as Exhibit A. 23. The Plaintiff will prove the terms and conditions of the subject Promissory Note and the right to enforce. Page 4 ‘Our Case #: 17-000407-FRS(13-00301 3)\SPS FLOOI.NOO3WHEREFORE, the Plaintiff requests entry of judgment confirming its right to enforce the lost, destroyed, or stolen subject promissory note. Based on the foregoing, U.S. Bank, N.A., successor trustee to LaSalle Bank National Association, on behalf of the holders of Bear Stearns Asset Backed Securities I Trust 2006-HE10, Asset-Backed Certificates Series 2006-HE10 has the right to foreclose. FLAR. CIV. P. 1.115(e) VERIFICATION 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. U.S. Bank, N.A., successor trustee to LaSalle Bank National Association, on behalf of the holders of Bear Steams Asset Backed Securities I Trust 2006-HE10, Asset-Backed Certificates Series 2006-HE10 by Select Portfolio Servicing, Inc. as Attorney in Fact By: Name: Francia Gamez Title:___ Document Control Officer Select Portfolio Servicing, Inc. Date: l TROMBERG LAW GROUP, P.A. Attorney for Plaintiff 1515 South Federal Highway, Suite 100 Boca Raton, FL 33432 Telephone #: 561-338-4101 Fax #: 561-338-4077 Email: Vice@tromberglawgroup.com This is an attempt to collect a debt, and any information obtained will be used for that purpose. Page 5 Our Case #: 17-000407-FRS(13-003013)\SPS FLOO1.NOO3EXHIBIT ARoconting Requested By: When Racorded Retum To: MONROE GROUP PO BOX 488 : KIMBERLING CITY, MO 65886 LOST NOTE AFFIDAVIT Te crower Fata REFERENCE «: ER cr vcs Suncare INVESTOR #: STATE OF UTAH ) dss: COUNTY OF SALTLAKE ) — Bill KOCH _, being duty sworn, deposes and says under penalty of perjury: Tama DOCUMENT CONTROL OFFICER of Select Portfolio Servicing, Inc. (the “Company”) 3s DOCUMENT CONTROL OFFICER of the Company, in the regular course of my job snd duties and responsibilities, { review business records and documents relating to the servicing of mortgage foans, including the type of records that are the subject of this Lost Note Affidavit ("Affidavit"). 2. [have personal knowledge of the facts stated in this Affidavit by virtue of my review of the business records maintained by the Company in the ordinary course of business involving the servicing of the loan that is the subject of this Affidavit. 1 3. On 10/7/2008 , NORA DUNCAN (the “Borrower” executed a promissory note in favor of ENCORE CREDIT CORP., A CALIFORNIA CORPORATION, DBA ECC CREDIT CORPORATION OF FLORIDA, in the principal amount of $296,800.00 (the “Note"), which Note is secured by @ mortgage (the "Mertgage") on the real property and improvements located at 7150 NORTHWEST 45TH STREET, FORT LAUDERDALE, FL $3319. A true and correct copy of the original Note, together with any endorsements and/ar allonges, is attached as Exhibit A. 4. On 06/01/2013 the loan govemed by the Note and Mortgage was service released to the Company for servicing. 5. The business records of the Company reflect that U.S. BANK, N.A, SUCCESSOR TRUSTEE TO 2G96-HE10 (the “Noteholder") acquired the Note on or about 12/01/2006 . The Company services the Note and Mortgage on behalf of and as attomey in fuct for the Noteholder. 6. The Note was endorsed by ENCORE CREDIT CORP. A CALIFORNIA CORPORATION DBA ECC ENCORE CREDIT CORPORATION OF FLORIDA specifically into BLANK. 7. Though the Company has conducted a diligent search of the business records maintained in connection with the Note and Mortgage, possession of the Note cannot reasonably be obtained because the Note was lost, misfiled, misplaced, destroyed, its whereabouts cannot be determined, ort is in the wrongful possession of an unknown person or a person who cannot be found or is not amenable to service of process. 8 The business records of the Company do not show that the Nate was ever released, paid off, satisfied, assigned, pledged, hypothecated, transferred by the Notcholder, scized through a lawful seizure, or otherwise disposed of by the Noteholder or the Company. 9. The Noteholder is not in possession of the Note but is entitled to enforce it. 10. Upon information and belief, the Notcholder was the owner of the Note when loss of possession occurred and was entitled to enforce the Note at that time. 11. The Company is aware that the successors in interest, assigns and/or transferees of the originalAFFIDAVIT OF LOST OR MISPLACED ORIGINAL NOTE Page Z of 3 holder of the Note (collectively, the "Owner*) may rely upan the statements made in this Affidavit 1s lo the Note having been lost, misiaid, misfiled or destroyed and never having been released, oe assigned, transferred, pledged, hypothecated or otherwise disposed of by the y. 12, Ifthe Company should ever locate the Note, the Company agrees to provide the Note to the owner of record of the Property at that time. 15, The Company beehyapes to indemnify and old the Borowerhamles fom sn agit any and all losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and other costs and expenses resulting from any claim, demand, defense of assertion based upon, of resulting from the Company's breach or any covenant, representation or warranty contained in this Affidavit, END OF AFFIDAVIT ONE SIGNATURE PAGB FOLLOWSAPIDAVIT OF LOST GR BISPLACED ORIGINAL NOTE Pago 30! 3 IN WITNESS WHEREOF, the undersigned has executed this instrument on Jun 29 207 ———_—__—_ behalf of the Company as attomey-in-fact for U.S. BANK, NA, SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES “TRUST 2006-HE10, ASSET-BACKED CERTIFICATES SERIES 2008-HE10 , with Select Partfolio Servicing, Inc, as attorney in fact. SELECT PORTFOLIO SERVICING, INC. By_73- Bill Koch DOCUMENT CONTROL OFFICER STATE OF UTAH COUNTY OF SALT LAKE on_JUN29 2017 setora me, Shelley Malm. a Notary Pubic in and for SALT LAKE in the ‘State of UTAH, personally appeared BILL KOCH DOCUMENT CONTROL OFFICER of Select Portfolio ‘Servicing, Inc., signing on behalf of U.S. BANK, N.A.. SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES | TRUST 2006-HE10, ASSET-BACKED CERTIFICATES SERIES 2006-HE10 , personally known to me (ar proved to me on the basis of satisfactory evidenco} to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowedged to me that he/shethey execuled the seme in hivherhelr authorized capacity, and that by hisfherfthei signature on the instrument the person(s), or the entity upon behalf of which the persen{s) ected, executed the instrument. WETNESS my hand and officiai seal, SHELLEY MAIM. hs Notary Public Storey Utah GI My Commission Expios on: Notary EmrosFEB {1 2021 Soman, Numba: 672961 (his area for notarial saa!) Prepared By: BILL.KOCH, SELECT PORTFOLIO SERVICING, INC. 3217 8, DECKER LAKE ORIVE, SALT LAKE CITV, UT ‘84119 eoo.2se-a802ADJUSTABLE RATE NOTE {LIBOR St Month Indes (As Published In The Well Street onal) - Rate Cop) ‘THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY (HTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LINITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE! MUST PAY. Octabar 17, 2006 Dal Bet ee ‘7150 WORTHNEST 4550 SERENT, VORT LADDERDALZ, YL 33313 (Drvpry Ast 1. BORROWER'S PROMISE TO PAY a eta fora baz chat Ihave received, | poomisn wo pay U.S. $ 296,800.00 (is mount is exit pius tnterest, to ho order of Lender, Lender is Bocore Credit Corp., a Californis Goa ECC Credit Corperstios oF Florida a perder perreheerinet oh virial yershmpeealopr fase ‘Tenderstend that Lender may transfor this Note. Lender or anyone who takes this Note by transfor end who Is entiied to receive payments cader this Note is cailed the *Nots Haider. 2. INTEREST Interest will bo chergod oo capsid priocigal aatil he fall emoust of Principal bas been pald. 1 will pay taterest at a yeaty ra of 8.900 9. Tho foxarent rato I wil pay may changn in accord with Secon 4 ofthis Nom. ‘Tho tnseres revo reqaad by this Section 2 and Sectca 4 of hls Note le the race Twill pay both befbes and afer sy defeat Sesclbed tn Section 7(B) of this Nota. 3. PAYMENTS: (A) Tiss and Piece of Peyments Teall pay principal end foterert by ming a payment Tall coe ny noutly pene on ta fed ay of ch or teglotng oa Dececber 01, 2006 Twit mite thess payments crexy vay owt ent 1 Bare po il of Gi pip nt nore oid ay wy coer charges eccribed below hat I may owe under this Note. Bach monthly payment will be applied as of its achedated dus dsts 2nd will be applied to interest before Prisetgal. If, on Yovesber 1, 2036 + 1 ctl owe ssanonts wader this Foes, [will pay thosa aoonss fo fil on thas dan, wich Is called tho “Daily Daw.* ‘Twill make my mmonihly payments ot 1833 Alten Parkway, Tevine, CA 92606 (Fata different place if roquired by tho Noto Holder, (@) Amocnt of My Inttial 2a ay ttl aoahy pees wots Co amar of U.S. $2, 262.14 ~ This amount, may cape {C) Monthly (Changes fo my waoathly payment will reflect changes in che unptid principal of my toan and fo tho intecest rats chet 1 mast pay. ‘The Now Holder wil determine my ew inverest rete sod tho chinged amount of my monttly payment fo sccondence wiih Section 4 of this Note. a ot Se ee eee ee on Byesett oessiss Form 2520 1101 I Por created with pafractory Pro tial version www pdffactory.com4 INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates ‘Ten temres me Twi poy may ang co eS dy ftovecbor, 2008 and co that dy every oo (Geveater, Bach dare on welch my fact rats could change fs called a “Change Das Bagimning wth the first Change Dane, may loceres rete will bi based on sn Index. The “Eodex” ts te average of tnarbeok ore ras fsx mont U.S. Gl demind Espada fo in nica saret CLIBOR") o pb ‘Tha Wail Seat Journal, Too toet seent inex figure avalahle us of i frm toxin day of tha mont tmmotialy preceding the month in which the Changs Daze orcars fs called the *Cent In.’ Ur tho tase fo bo longer avalshts, tho Now Holder will chooso a cow todor that fs based open comparsbis ‘“QamuetGeg [Before each Chango Dias, Gos Noto Bolder will cxtalica ry new interest rts by adding Eiwa aod ooe—quartar pereentags points ( 5,250 %) to Be Corent Totes. The Nowe Holder will thea romd the result of this addition to the nearest on-eighih of ons peromtage poiat (ES), Sno eed Seton 4D) bo, is del oa wl ay are rl i et ‘The Note Helder will then determine the amount of the mooihty payment that would be suftctent to repay the unpaid (prtoctpal thas am expected to owe at os Change Duis fn fol oo tho Manarty Dio st my cow laterest rss io sabstantialy ‘ql payenenta. Tho reealt of cis calentation wil be the new smount of my monthly payment. (D) Limits on Interest Rate Changes ‘Tis taterest rato I ama required to pay et the firat Change Date will not be gresier than 20.500% or fess tha 8.800%. Therechir, By lnm rae Wl pvr blared or ere co my agi 1 (Changs Dus by more tan one percentage potazty) ( 2.000 %) fom ers of acre have bn pag fr peeing ‘mons, My fxterest rate will uover be greeter 113.500% or lem then 8.509. © (5) Rita Dat Cnogs ‘My new interest rate wil becuse effective on cach Changs Data. I will poy tbe omount of my pew monthly payment le ee ey nes eter Dee De Sa a arene ‘Be Nom Rees wil ie o tall ome can of ay change fo my Inet io and ho ant fy eanchty payeasat befoeo to effactive dais of any chetge. Tbe notien will Ictade scan rad yew wb re md ‘so the ts and wdepbons number of « person who will axrwer exy question I oany have regerding the: 5 BORROWER'S RIGHT TO PREPAY ¢*Sce attached Propsyzent Addendua ‘Tbave to right wo nutke payceuns of Principal at any thas before they ave duc. A payment of Princip only [s knows ws a “Prepac” When [ako a Progam, I wil ol ho No Hales fa wrbiag at 1 em dings I ay et Gesigoee a payment 23 0 Prepayment soonthty payments | ‘T may make a fell Prepayment cr partial Prepayments without paytog say Prepayment charge. The Note Holder wil ‘payments uniess the Note Holder egrees in writing to those changes. Béy partial Prepeyment may reduce the amount of my ‘Meattly payments ser tbo first Change Date following my partial Prepaymest. However, eny redaction dus to my pestis) ‘Prepayment may be offict by an interest rats increasn. 6. LOAN CHARGES Ifa low, which applies to tis fan and which sets manimom loan clarges, fs finally Interpreted vo thet tha interest or ater nen args ella or be cole in contcon wt hi lam ened tha pound Fn, ox (9 ey sch lem chang lb rode by he manent meaoy orden dn cee oe ped Hy nd) ny sa aty mis will be refonded to mn. Tha Mote Helder may choose to man dis rend ty dang ts Procipl I ome end is Nate ty caing» Gea pps wm Wa edad veloc Pisce de ‘redaction will be wescod asa paral | anes aaa = 6 PDF created with pdfFactory Pro trial version www.pdffactory.com‘Interests uansferred f0 @ eal tor ond, ome for ed ene ta unas of eae agua ‘totent of which fs the cuncies of title by Borrower 1 fstare dete to a purchaser. ‘egroement in this Security Inserument is scceptsble to Ts Ges ply fp a, my gt aie ‘consent to ths toan sssumption. Lender also may sequire che tmntfores to eign en aniummption egrenment ditt #3 ‘eccepeable to Lender cod that obtigairs tha trensferes to keep ail ths tod ego odo io Re and to this Sccurity Insoument, Borrower will coations to be under the Note md tis Secarty Instroment unless Lender refeztes Borrower fa waling. If Lender exercias the option to require immodiain paymacot ta full, Leader shall give Borrower notice of cccederatien. The notice abafl previée 2 period of cnt teks then 30 days fam che dots the notics fs gtven io tccondance with Sectlon 15 within which Bocrower anit pay a sums socured by this Socutty Fasement. If [Bocrower fills to pay these sa prior tothe expraton of is period, Lecter roy krvoke any remedies permined boy thle Seeurey Instrument es Res a ata some ecnrestTa® 12, DOCUMENTARY TAX POCTRONTARY TAR emperor ny nate, THE, AND SSAL(S) OF THE UNDERSIGNED. Seed) Ges) Sorerer acces Seat) (Seal) ‘Borrower Borower Gest) (Sex) oer Sarowe Seal) (Beal) Sarwd Pocrewer {Sige Ortgtsal Only} yet oun eta i © PDF created with pdfFactory Pro trial version www.pdffactory.comPay ‘To ‘The Grd OF ® POF created with pdfFactory Pro trial version www.pdffactory.comEXHIBIT B{ e COssm2vd Bncore Credit Corp., a California Corporation, dba BCC Credit Corporation of Florida 1833 Alton Parkway Irvine, CA 92606 ‘This document was prepared by: gneore Credit Corp., a California Corporation, db! gcc Credit Seperation of Florida Tt 1833 Alton Parkway Irvine, CA 92606 TO REC. DEVE. a [Specs Abore This Line For Recording Data) ‘sn MORTGAGE ‘MIN 200180200003716742 DEFINITIONS Words used in walle sections of this document se defined below and other words are defaad Sections 3, 11, 13, 18, 20 and 21. ‘Certain rules regarding the usage of words used in this document are ‘also provided in Section 16. Instrament"* means this document, which is dated october 17, 2006 (A) "Security together with all Riders to this document. (8) "Borrower" is ROBERT OUNCAN AND NORA DUNCAN, HUSBAND AND WIFE Instroment. MERS is organized and existing ‘address and telephone number of P.O. Box 2026, Flint, ‘MI 48501-2026, tel. (888) 679-MERS. - @) "Lender" is Encore Credit Corp., # California Corporation, dba Ecc-Credit Corporation of Florida . . 372674 FLORIDA-Singe Family Fann Mun/Freddia Mac UNIFORM WWSTRUMENT WITH HERS (gem 2010 101 Bpsxeyorone: amr tt wupucmosarrorus. suopavzes1 ASSLender isa Corporation organized and cxisting under the laws of California Lender's address is 1833 Alton Parkway Irvine, CA 92606 : (B) "Note" means the promissory note signed by Borrower and dated October 17, 2006 | “The Note states that Borrower owes Leader two hundred ninety-six thousand aight hunded and 00/100 ‘Dollars WS. $296,800.00 Borrower has promised to pay this debt in regular Periodic ayroents aad to pay the debt in fall not later than Novenber 1, 2036 . Fer ery eam te property tat s desorbed Below under te heafing “Transfer of Rights inte Property. (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges Note, ond all cums due under this Secority Instrument, plus interest. {H) “Riders means all Riders to this Secority Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): | Condominium Rider ‘Second Home Rider Planned Unit Development Rider 1-4 Family Rider Biweekly Payment Rider Other(s) [specify] Propayment Rider controling applicable federsi, state and local statntes, regulations, ite od orders (bat have the effec of law) as well as all applicable final Dues, Fees, and Assessments" racans all dues, fees, assessmneats ond other Borrower o the Property by a condominium association, homeowners: (2) "Escrow Ienas” means those items that are described in Section 3. as Proceeds” means any compensation, senement, award of damages, cor proceeds paid insurance paid under the coverages described in Secion 5) for: @) damage to, or destruction of, the Property: (Gi) exodemnation or other taking of all or any part of the Prarety: til) exnveyence in lieu of condemnation; or (+) misepresentations of or omissions as to, the ‘value and/ar condition of the Property. 1) rans sing sit Oe rr SNS {(0) "Periodic Payment” mems the regularly scheduled amount due Tor @ principal and interest under che Note, plus (i) any amounts under Section 3 of this Security Instrument 371674 con OANFY exenes Pager 6 RD Form 3010 1/01BORROWER COVENANTS that Borrower is lawfully sised ofthe estate hereby conveyed and has the right to mortgage, fant and convey the Property and tht the Preperty is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all Claims and demands, subject to any encumbrances of record. ‘THIS SECURITY INSTRUMENT combines uniform covenants for national use md non-uniform ‘covenants with limited variations by jurisdiction to constitute a uniform security instrument covering, real property. ‘UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1 Payment of Princlpal, Interest, Escrow Hers, Prepayment Charges, and Late Charts selected by Lender: (a) cash; (>) money order; cashier's check, provided any such check is drawn payment hereunder or prejudice 10 its rights to refuse such payment or partial is not obligated to apply such payments ut the time puch payments ae cmd If each Parodie Payment is applied as of i scheduled due dae, chen Lender neat Po Poy interest on unapplied funds. Lender may hold such umapplied i aaa on rent If Borrower does not do so within a reasonble period of time, Lender shal bes sPp1¥ ae pane orvetum Uhem to Borrower. If not applied eater, such fonds willbe applied tothe oustanding inci is foreclosure. No offset or claim which Borrower might eve Borrower from making payments due under a a tis Security Sastrureat or perforin the covenants and agrernets secured by tis Seerty Instrument. F application of Payments or Procends. Exoept as olervise deaibod in this Senion 2. ot ayments ncepled ad applied by Lender shall be applied inthe following order of prio: (0) eee due under the Note; (b) pri due under the Note; (c) smounts due under Section 3. Such payments shall be applied to cach jodie Payment in the order in which it became due, Any rentaining amounts dae ered fra to late charges, second to any otter amouns due unde his Security Instrument nd ‘371674 SAA ereH 1 Form 3010 1/01(P) "RESPA" means the Real Estate Settlement Procedures implementing regulation, Regalation X, ‘or successor legislation or fastrument, "RESPA" refers (o all requi felted merigage Yom” ‘even if tse Loan “Successor in Interest of Borrower" means () Succes in Tee of Dorey lions oer oe “TRANSFER OF RIGHTS IN THE PROPERTY thot has taken title to the Property, Note and/or this Secusity Instrumeat. Security MERS (solely as nominee for Lender assigns of MERS, the following described property Joeatod in the County A Parcel 1D Number: 19115-06-05200 which currently has the address of [Street {cis}, Florida 33319 Zip Cosel thu pss ron.‘can be paid in full. To the extent that any excess ‘cone or more Periodic Payments, such excess ‘Prepayments shall be applied first to any prepayment Any application of payments, insurance proceeds, the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow ltems, Borrower shall pay to Lender an Une day Periodic Payments are duc ander the Note, until te Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) tes and assessments and other items which can atain priority over this Security Instrument 3 & payments or ground rents on the Property. if any, (©) under Section 5; and (d) Mortgage Insurance Lender in lieu of the payment of Mortgage tion 10. These items are called “Escrow require that Community agreement is used in Section 9. It Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and + eee falls to pay dhe amount due for an Escrow Item, Lender may exercise it rights under Section 9 red pay sich amount and Borrower shall then be obliged under Section 9 to repay to Lender any such and Pay sader may revoke the valver 25 10 any oF all Escrow lems at any time by @ nouce piven In aaa rt ac with Seaton 1S and, pon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. ‘collect and bold Funds in sn mount (a) sufficient to permit Lender to apply ‘under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. ender shall estimaic the amount of Funds due on the basis of current dain and varie eximatcs of expendicaes of fuure Escrow Items or oxberwise in eccordance with Applicable Law. ‘The Funds shall be held in an stitution whose deposits are insured by a federal agency. snanmenaly, or entity (nciuding Lender, if Lender is an instiaton whose deposits are so insured) ct fn thy Foteral Home Loan Bank. Lender shal spply the Fonds to pay the Escrow lies no late than Os He ‘pected under RESPA. Lender sal not charge Borrower fr holding and applying the Funds, anyshy analyzing the escrow acoount, or verifying the Escrow liems, unless Lendes pays Borrower interest on the Funds and Applicable Law permits Lender to Tr Applicable Law requires intrest 0 be paid on the Funds, Leader shall sot be required to pay Berowet ory bherest or earnings on the Funds. Borrower and Lender can agree in Writing, however, tha inieres a A 371674 RL ANE poosi0s For 3010 1/05,stall be poid on the Fonds. Lender shall give to Borrower, without charge, ax annual accounting of the Punds as required by RESPA. Tf there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account 19 Borrower forthe cxoess funds in accordance with RESPA. Uf there is a shortage of Funds held in escrow, defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay 0 Lender the amount necessary to make up the shortage in accordance With RESPA, but in no more than 1 monthly payments. If there 18a deficiency of Funds beld in escrow, as defined under RESPA, Lender shall olity Borower as rogured by RESPA, and Borrower shall pay to Lender the amount necessty 49 make up the deficiency in accordance with RESPA, but inno more than 12 monthly payments, Upon in foll of all sums socured by this Security Instrument, Lender shall promptly refund to Borrower aay Funds held by Lender. “d, Charges; Lene. Borrower shall pay all taxes, sssesunents, charges, fines, and imposiions atwibuiable to the Property which can attain priority over this Security ground rents on the Property, if any, the extent that these items are Escrow Borrower shall improvements now existing or hereafter crected on Borrower Tors by fire, hazards included within the term “extended coverage,” and any ‘and floods, for which Lender requires insurance. Payment of any fees imposed by the Federal Emergency Management Teview of any flood zone determination resulting from an abjection by Borrower. ‘371674 SDAA e011 : ia a Form 2010 4/04If Borrower fails to maintain any of the coverages ‘coverage, at Lender’s option and Borrower's expense. Lender i particular type or amount of coverage Therefore, such coverage ‘Borrower, Borrower’ s equity in the Property, or the renewals of such policies shall be subject to Lender's mortgage clause, and shall name Leader 9s Fight to hold the policies and renewal all receipts of paid premiums and otherwise required by Lender, ‘and restoration in a single payment or in a series ted, Unless an agreement is made in waiting or Applicable Law ‘Lender shall not be required to pay Borrower any proceeds, Fees for public adjusters, or otber third partes, reisined by proceeds and shall be the sole obligation of Borrower. if aor aetalon or repat is not economically feasible or Lendea's security would be lessened, the insurance rede dl be applied to te sure socurd by tis Sern Inirument, whether or not then fu, wt Bec ie. Boos ihm eds al pen oi Ps 9 ion 2. If Borrowes abandons the ‘and settle any available insurance i matters. If Borrower to a notice from Lender that the ‘and seule the claim. The 30-day acquires the Property under to any insurance Inseroment, and wa ZO. 371674 BPAY oro501 ge ot 10 Ai Form 3010 1/016 Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Sccurty Instrument and shall continue to oosupy the Property as Borrower's principal residence fora! last one year aes the dae of occupancy, untess Lender in writing, which consent shall not be unreasonably withheld, or unless extenuating Borrower's control. Tepresentations Property as Borrower's principal residence. 9, Protection of Lender's Interest in the 373674 Z;AAFU coosrer Form $010 1/01become additional debt of Borrower Note rate from the date of requesting, payment, Tt this Security Instrument is on a leasehold, Borrower shall comply all the provisions of the lease. {ths Seoutty Males fee vide to the Property, the leaschold and the foe ttle shall not merge unfess Lender agrees to the merger in writing. 10, Mortgage Insurance. If Lender Borrower shall pay the premiums required to to pay interest ts Barro eimsburees Lender (ot any entity that purchases the Note) for certain losers it sony oc porrower does not repay we Loan &s agresd. Borrower is not a party ro the Monenge of the Note, another insurer, any relnsures, ly of indirectly) arpounts that Insurance, in 372674 BEAPV o1H01 Form 2010 1/01the rights Borrower has - if any - with respect to the Mortgage Protection Act of 1998 or any other law. These rights may Include the eight ‘to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance termiaated automatically, anor to receive a fan of any Marigage Insurance premiums that were unearned at the tme of such cancellation or Proceeds; Forfeitore. All Miscellaneous Proceeds are bereby Form 3010 1/01 PAD acess top oanany avard or claim for damages tat ar aibutable to the impairment of Lende’s interest in the Propety ave hereby assigned and shall be paid vo Lender. Srey ree eneous Proceeds that are nol applied to restoraion or repair of the Property shall be in the order provided for in Section 2. J ‘Successors. ‘and liability shall be joint and several. ‘However, any Borrower who ‘but does not execute the Note (a “ igner*): (@) is co-signing this ge, gant and convey the co-signer's interest in the Property under the i the sums secured by this Security modity, forbear or 4 provisions of Section 18, any Successor in Interest of Borrower who assumes ‘onder this Security Instrument in writing, aid is approved by Lender, shall obtain Instrument, Borrower shall not be released from ‘express amborit ‘probibition on the charging of such fec. Lender may not this Socurity Jastrument or by Applicable Law. _ ‘maximum loan charges, and that law is finall that the interest or other loan charges collected in connection with the i its, then: (a) any such loan charge by Tiruit; and (b) any sums already . Lender may choose ByrAPU oven Page ts cf 18Lav; Severability; Rules of Jo and te law fhe json 17. Borrower's Copy. Borrower shall be given one 18, Transfer of the Property or a Beneficial Interest in Borrower. “Interest in the Property” means any is in the Property, to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or the invent of which is the transfer of ttle by Borrower at x futare date to a purchaser, Tall or any part of the Property or any Interest inthe Property is sold ot wansferrod (or if Borrower isnot anaural person and a beneficial Imerest in Borrower is sold or wansferred) without Lenders pricr 1s ro eivent’ Lender may require immediate payment in full of all sums secured by thls. Security Fees ce sHowever, this option shall not be exercised by Lender if such exercise is prohibited by tn ‘ 19. Borrower's Right Borrower shall have the right to prior to the earliest of: (a) five days this Security Instrument; (b) such Borrower's right to reinstate, or conditions are that Borrower: (2) pays Instrument and the Note as if no accel agreements; (c) pays all to, reasonable aitomeys’ fees, property 371674 SAL eeesses : oe Form 2010 1/08purpose of protecting Lender's takes such action as Lender may teqoire that Borrower pay such expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money onder; (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 ot entity; of (d) Electronic Funds Transfer. ‘Upon reinstatement by Borrower, this Security Instrument and obligaions secured hereby shall remain fully effective as if no acceleration had occurred, However, this ight to reinstate shall not apply in the case of acceleration under Section 18, 20, Sale Cf be joined o any judicial action (as either an individual Higant or the member of a class) tba arises from the other party's actions parsutnt to this ‘Secority Instrument or that alleges that the other party has arson of, this Security Instrument, until such Borrower or Lendes has notified the other panty (with such Toe given in compliance with the requirements of Section 18) of such alleged breach and afforded dh ‘he pany Hereio a reasonable period after tbe giving of such notice to take corrective ation a ‘Applicable Law provides a time period which must elapse before cern action can be keh, that time period will be deemed to be reasonable for purposes of this paragraph. i Spportunity 40 cure given to Borrower pursuant to Section 22 and the Borrower pursuant to Section 18 shall be deemed to satisfy the notice and ‘action provisions of this Section 20. 21, Hazardous Substances. 371674 oun pasar Page 13 ot 16 7 Form 3010 1/01Borrower shall not cause or permit the presence, use, disposi, storage, of release of any Hazardous ‘Substances, or threaten to release any Hazardous Substances, an or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, ‘crealcs a condition that adversely affects the value of the Property. The preceding, two sentences shall not apply to the presence, use, of storage on the Property of small quantities of ‘generally ‘to be appropriate to normal residential uses and 10 (including, but not limited to, hazardous substances in consumer products). ‘Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, fawsuit cor other action by any governmental or regulatory agency ot private party involving the Property and any Hazardous Substance ot Environmental Law of which Borrower hes actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or wweat of release of any Hazardous Substance, and (c) any condition enused by the presence, use or release of a Harardous Substance which adversely affects the value of the Property. If Borrower leams, or is wotified by any governmental or ‘authority, of sny private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing berein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. 22. Acecleration; Remedies. Lender shall give Borrower's breach of any covenant or agreement in this Security Instrument (but cot prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failore to cure before the date speeified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial shall further inform Borrower of the right to foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the defsalt is not cured on or before the date specified in the notice, Lender at Its option raay require immediate payment in full of all suros secured by this Security Instrument without further demand and may foreclose this Security Instrament by Judicial proceeding. Lender Ghalt be entitled to collect all expences incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys" fees and costs of title evidence. 23, Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, Borrower shall pay any recordation costs. Leader may charge Borrower a fee for releasing this Seourity Instrument, but only ifthe fee is paid to a third party for services rendered and che 25, Jury Trial Waiver. The Borrower proceeing, csim, or counterclaim, whether in contractor tr, at law or in equity, arising out of or in any ‘Way related to this Secarity Instrument or the Not. ‘371674 an QO yA cones age 16 085 A Form 3010 1/04BY SIGNING BELOW, Borrower sccepis and agrees to the terms and covenants contained in this Security Ingtnement and in any Rider executed by Borrower and recorded it Signed, sealed and delivered in the presence of: \ 7150 NORTHWEST 45TH STREET FORT 1 PL (Address) 371674 Page th ot 16 Form 3010 1104STATE OF FLORIDA, County ss: Beowaro ‘The i acknowledged bef ‘ ons Meza was cig ore me is 17] OcTogeR, Rea who is personally known to me or who has produced Fuoe as identification. en Notary Pubic State of Flodda . , dare Haley ¥ (ity Commeasion 00364965 Expres 12/10/2008 371674 vn YIP SPAY oreer01 Page io.et ia RD Form $010 1/01EXHIBIT "A" ALL THAT CERTAIN LAND SITUATE IN BROWARD COUNTY, FLORIDA, VIZs LOT 4 IN BLOCK 4, OF BOULEVARD EAST, ACCORDING TO THE PLAT ‘THEREOP, AS RECORDED IN PLAT BOOK 94, PAGE 47, OF THR PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. YOR INFORMATIONAL PURPOSES ONLY: THY APN IS SHOWN BY THE COUNTY ASSESSOR AS 19215-06-05200) SOURCE OF TITLE 28 BOOK 27462, PAGE 0978 (RECORDED 12/26/97)ADJUSTABLE RATE RIDER {LIBOR Six-Month Index (As Published In The Wall Street Journal) - Rute Caps) ‘THIS ADJUSTABLE RATE RIDER is made this 17th day of October, 2006 ' ‘and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrumsnt”) of the same date given by the undersigned ("Borrower") o secure Borrower's Adjustable Rate Note (the "Note")(o Encoro Credit Corp., a California Corporation, dba ECC Credit Corporation of Florida (CLendes”) of the same date and covering the property described im the Security Instrument and located at:7150 NORTHWEST 45TH STREBT, FORT LAUDERDALE, FL 33319 [Proparty Address} THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER'S 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 Sccurity Instrument, Borrower and Lender further covenant and agree us follows: ‘A. INTEREST RATE AND MONTHLY PAYMENT CHANGES ‘The Note provides for an initial interest rate of 8,500%, The Note provides for changes in the interest rate and the monthly payments, a follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates ‘The interest sate I will pay may change on the first day of November, 2008 7 and on that day every 6th ‘month thereafter, Each date on which my interest rate could change is called a "Change Date.” 371674 MULTISTATE ADJUSTABLE RATE RIDER-LIBOR SOGMONTH INDEX (AS PUBLISHED i THE WALL STREET JOURNAL) -Single Famay 1499809 cao Page tote weal ZE_KK MP MORTGAGE FORMS - (800}521-7291@®) The Index Beginning with the fust Change Date, my interest rate will be based on an Index. The “Index” és the average of interbank offered rates for six month US. dollar-denominated deposits in the London market CLIBOR?), as published in The Wall Street Journal. The most recent Index figure available as of the fist business day of the month immediately preceding the month in which the Change Date occurs is called the “Current Index.” Tf the Index is no longer available, the Notc Holder will choose a new index that is based upon information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before cach Change Date, the Note Holder will calculate my new interest rate by adding five and one-quarter percentage points ( 5.280 %) 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 uke next Change Date. ‘The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my ‘new interest rate in substantially equal payments. The result of this catculation will be the new amount of my ‘monthly payment. {D) Limits on Interest Rate Changes ‘The interest rate 1 am required to pay at the first Change Date will not be greater than 10.500 % orless than 8.500%, Thereafter, my interest rate will never be increased of decreased on any single Change Date by more than ono Dercentage points ¢ 1.000 %) from the rate of interest I have been paying for the preceding months. My interest rate will never be greater than 13.500% or less than 8,500 %, (E) Effective Date of Changes ‘My new interest rate will become effective on each Change Date. 1 will pay dre amount of my new roonthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. () Notice of Changes ‘The Note Holder will deliver or mail to me a notice of any changes in my interest mte and the amount ‘of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the (idle and telephone number of a person who will answer any question I may have regarding the notice. 371676 vase ZO Ks8. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: ‘Transfer of the Property or 2 Beneftctal 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 transfered in a boud for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a fanure date to a purchaser. If all os any part of the Propeny or any Loterest in the Property Is sold of transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or wansferred) without Lenders prior writen 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 imended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lenders security will not be impaired by the toan assumption ond that the risk of a breach of any covenant or agreement inthis Security Instrument is acceptable to Lender. To the extemt 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 wransferee 10 ‘sign an assumption agreement that is acceptable to Lender and that obligates the transferee 10 keep all the promises and agreements made in the Note and in this Security Instrument. Borower 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 tess 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 Iastrument. If Borrower fuils (0 pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Secarity Instrument ‘without funber notice or demand on Borrower. 114009608 yomny Page Sol 4, Borrower accepts and agrees to he terms and covenants contained in this (Seal) Minn (Seal) Pee qT -Sorow ROBERT DUNCAN Boome (Seal) (Seal) Borrower Borrower (Seal) (Seal) -Bonower Borrower (Seal) (Seal) -Boaower Borrower, 3716