Complaint,Petition: U.S. BANK TRUST, N.A. Plaintiff vs. Jorge A Vallejo, et al Defendant

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                                Case Number: CACE-15-014419 Division: 11
Filing # 30313238 E-Filed 07/30/2015 05:18:22 PM

IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR,
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO:

BANK OF AMERICA, N.A.,
Plaintiff,
vs.

JORGE A. VALLEJO A/K/A JORGE A. VALLEJOSR.
A/KIA GEORGE VALLEJO; UNKNOWN SPOUSE
OF JORGE A. VALLEJO A/K/A JORGE A.
VALLEJOSR A/K/A GEORGE VALLEJO; JORGE M.
VALLEJO; LOURDES SELEM-VALLEJO;
EMERALD SPRINGS HOMES OF DAVIE.
HOMEOWNERS' ASSOCIATION, INC.; FORD
MOTOR CREDIT COMPANY LLC; UNKNOWN
TENANT #1: UNKNOWN TENANT #2,
Defendant(s).

 

 

VERIFIED COMPLAINT TO FORECLOSE MORTGAGE

| Plaintiff, BANK OF AMERICA, N.A., sues the above named Defendant(s) and alleges:
| COUNT I - MORTGAGE FORECLOSURE
! 1. THIS IS AN ACTION to foreclose a Mortgage on real property located and situated in BROWARD
County, Florida. i
| 2. On or about December 22, 2008, JORGE A. VALLEJO A/K/A JORGE A. VALLEJOSR A/K/A |
GEORGE VALLEJO, an unmarried man, executed and delivered a Promissory Note and a Mortgage securing
payment of the Note.
I 3. The Mortgage was recorded on January 22, 2009 in Official Records Book 45935 at Page 1466, of |
i the Public Records of BROWARD County, Florida, and mortgaged the property described therein, then |
|
'

 

owned by and in possession of the Mortgagor(s). Copies of the Note and Mortgage are attached hereto and
incorporated herein as Exhibit "A" and "B" respectively.

4. Plaintiff is the holder of the Note.

5. Plaintiff, in accordance with Florida Statutes, §702.015(4), is in possession of the original Note. A

copy of the Certification of Note Possession is attached hereto and incorporated herein as Exhibit "C".

04-076822-F00

*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 8/12/2015 5:06:45 PM.****6. The Plaintiff's Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien
or interest of the Defendant(s) named herein or any person claiming by, through or under said Defendant(s)
since the institution of this action,

7. Defendant(s), JORGE A. VALLEJO A/K/A JORGE A. VALLEJOSR A/K/A GEORGE VALLEJO,
AN UNREMARRIED WIDOWER, AND JORGE M. VALLEJO AND LOURDES SELEM-VALLEJO, HIS
WIFE, ALL AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP, own(s) the property.

8. There has been a default under the terms of the Note and Mortgage in that the July 1, 2010 payment
due and all subsequent payments have not been made.

9 All conditions precedent to the acceleration of this Note and Mortgage and to the filing of this action
have been fulfilled.

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

qi. ‘There is now due and owing to the Plaintiff as of the date of filing this action the unpaid principal
balance of $387,374.23, together with interest and all sums that may be due for taxes, insurance, escrow
advances, and expenses and costs of this action including but not limited to filing fees, recording fees, title

search and examination fees, fees do for service of proce:

 

and such other costs as may be allowed by the
Court.

12, Plaintiff is obligated to pay its attorney a reasonable fee for their services and seeks an award of
attorney's fees.

13. The Defendant(s), FORD MOTOR CREDIT COMPANY LLC, may claim some interest in or lien
upon the subject property by virtue of Summary Final Judgment, recorded on January 26, 2007, in Official
Records Book 43500 at Page 230, of the Public Records of BROWARD County, Florida. Said interest, if
any, is subject, subordinate, and inferior to the lien of Plaintiff's Mortgage.

14, The Defendant, EMERALD SPRINGS HOMES OF DAVIE HOMEOWNERS' ASSOCIATION,
INC., may claim some interest in or lien upon the subject property by virtue any unpaid dues and/or
assessments pursuant to Florida Statutes, §720.3085. Said interest, if any, is subject, subordinate, and inferior
to the lien of Plaintiff's Mortgage held by the Plaintiff.

15. The Defendant, Unknown Spouse of JORGE A. VALLEJO A/K/A JORGE A. VALLEJOSR A/K/A
GEORGE VALLEJO, may claim some interest in the subject property by virtue of a possible homestead
interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or
unrecorded, if any in the subject real property. Said interest is subject, subordinate and inferior to the lien
of the Plaintiff's Mortgage.

16. The Defendant, JORGE M. VALLEJO, may claim some interest in the subject property due to a

possible ownership interest by virtue of a Quit Claim Deed, recorded on February 3, 2009, in Official Records

04-076822-F00Book 45957 at Page 1630, of the public Records of BROWARD County, Florida, Said interest is subject,
subordinate and inferior to the lien of the Plaintiff's Mortgage.

17. The Defendant, LOURDES SELEM-VALLEJO, may claim some interest in the subject property due
to a possible ownership interest by virtue of a Quit Claim Deed, recorded on February 3, 2009, in Official
Records Book 45957 at Page 1630, of the public Records of BROWARD County, Florida, Said interest is
subject, subordinate and inferior to the lien of the Plaintiff's Mortgage.

18. Defendant(s), Unknown Tenant #1 and Unknown Tenant #2, may claim an interest or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or mere
possession only, however, any such claim or demand is inferior to the lien of Plaintiffs Mortgage.

19. Defendant(s), JORGE A. VALLEJO A/K/A JORGE A. VALLEJOSR A/K/A GEORGE VALLEJO,
as maker(s) of the Note, may be held personally liable for a deficiency, if any, unless Defendant(s) has/have
been discharged in bankruptcy in which event no deficiency is or will be sought.

WHEREFORE, Plaintiff prays as follows:

a. That this Court will take jurisdiction of this cause, the subject matter and the parties
hereto.
b. That this Court ascertain and determine the sums of money due and payable to the

Plaintiff from the Defendant(s), including without limitation principal, interest, advances,
attorney fees, and costs pursuant to the loan documents.

c. That the sum of money found to be due as aforesaid be decreed by this Court to be a lien
upon the lands described in Plaintiff's Mortgage.

d. That such lien be foreclosed in accordance with the rules and established practice of this
Court, and upon failure of the Defendant(s) to pay the amount of money found to be due by them
to the Plaintiff, the said land be sold to satisfy said lien.

e That this Court decree that the lien of the Plaintiff is superior to any and all right, title
or interest of the Defendants herein or any person or parties claiming by, through or under them
since the institution of this suit.

f That all right, title or interest of the Defendants or any person claiming by, through or

under them be forever barred and foreclosed.

04-076822-F00g That this Court grants general relief in this cause as in its discretion might be just and
proper including, but not limited to, a deficiency judgment, if the proceeds of the sale are
insufficient to pay Plaintiffs claim. HOWEVER, IN THE EVENT THAT THE
DEFENDANT(S) HAS/HAVE FILED A PETITION FOR RELIEF IN THE UNITED
STATES BANKRUPTCY COURT, OR HAS/HAVE RECEIVED A DISCHARGE FROM
A UNITED STATES BANKRUPTCY COURT, PLAINTIFF DOES NOT SEEK A
DEFICIENCY JUDGMENT OR OTHER CLAIM FOR PAYMENT OF MONEY OWED
UNDER THE SUBJECT NOTE AND MORTGAGE FROM SAID DEFENDANT(S)
SHOULD THE PROCEEDS OF THE SALE BE INSUFFICIENT TO PAY PLAINTIFF'S
CLAIM. SAID DEFENDANT(S) IS/ARE JOINED IN THIS COMPLAINT SOLELY TO
FORECLOSE ANY INTEREST THE DEFENDANT(S) MAY HAVE IN THE REAL
PROPERTY SECURED BY THE MORTGAGE ATTACHED TO THIS COMPLAINT.

FLA.R.CIV.P.1.110(b) VERIFICATION OF COMPLAINT

Under penalties 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.

Date:

Df 23 ps7

 

Printed Name: (@u/ Pichne? A Tsn
Title: Assis baat Vic ce Meg solent

BANK OF AMERICA, N.A.

* Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's Counsel hereby designates its primary
email address for the purposes of email service as: fleservice@flwlaw. com
eo

 

oe WEISS WEISMAN & GORDON, LLP
ae One East Broward Blvd., Suite 1430
Fort Lauderdale, Florida 33301
FL Bar ff: 106892
Tel: (954) 522-3233 | Fax: (954) 200-7770

 

94-076822-F00ONec East Browarp Buvo., Suite 1430

LAMBERT Fr. Lauoerpace, FL 33301

Teu: (954) 522-8233

FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP Fac (954) 200-7770

ANTONIO GAULA, ESQ.
ATTORNEY

Date: July 30, 2015

RE:

we

wn

NOTICE REQUIRED BY THE FAIR DEBT COLLECTIONS PRACTICES ACT
15 U.SC. SECTION 1692, AS AMENDED

Property Address: 2270 Sw 131 Terrace Davie, FL 33325-0000

Owner: JORGE A. VALLEJO A/K/A JORGE A. VALLEJOSR A/K/A GEORGE
VALLEJO, AN UNREMARRIED WIDOWER, AND JORGE M. VALLEJO AND
LOURDES SELEM-VALLEJO, HIS WIFE, ALL AS JOINT TENANTS WITH FULL
RIGHTS OF SURVIVORSHIP

Mortgagor: JORGE A. VALLEJO A/K/A JORGE A. VALLEJOSR A/K/A GEORGE
VALLEJO, an unmarried man

Our File No: 04-076822-F00

Loan #: 200756455

The Plaintiff, BANK OF AMERICA, N.A.. is the creditor to whom the debt is owed by that/those
individual(s) who is/are obligated under the promissory note and mortgage

The debtor(s) may dispute the validity of this debt, or any portion thereof, within thirty (30) days
of receipt of this Notice. If the debtor fails to dispute the debt within thirty (30) days, the debt
will be assumed valid by the debt collector.

 

If the debtor notifies the creditor's law firm in writing within thirty (30) days of receipt of this
notice that the debt, or any portion thereof, is disputed, the creditor's law firm will obtain
verification of the debt, or a copy of a judgment and a copy of the verification will be mailed to
the debtor by the creditor's law firm. Collection efforts resulting in additional attorney fees and
costs, however, will continue during this thirty (30) day period until this office receives the
written request for verification.

If the creditor named herein is not the original creditor, and if the debtor makes a written request
to the creditor's law firm within 30 days of receipt of this Notice, the name and address of the
original creditor will be mailed to the debtor by the creditor's law firm. Collection efforts
resulting in additional attorney fees and costs however, will continue during this thirty (30) day
period until this office receives the written request for the name and address of the original
creditor.

As of the date affixed to the Complaint filed herein, the amount of the debt is stated in the
attached Complaint attached hereto. Because of interest, late charges and other charges that may
vary from day to day, the amount due on the day you pay may be greater. Therefore, if you pay
the above-referenced amount, an adjustment may be necessary after we receive your certified
funds. Should that be the case, we will advise you before depositing your certified funds for
collection. For further information, please call (954) 522-3233.

04-076822-F00.6. Written requests pursuant to this Notice should be addressed to:
FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP
lEast Broward Blvd.. Suite 1430
Fort Lauderdale, FL 33301

if This communication is for the purpose of collecting a debt, and any information obtained from
the debtor will be used for that purpose.

8. Even though you are required to file a response to the lawsuit within twenty (20) days, your
validation rights, as set forth in this Notice, shall not expire for thirty (30) days.

53 Gibson Street « Bay Shore NY 11706 © Tel: (631) 969-3100

One Whitehall Street, 20th FL ©¢ New York, NY 10004 © Tel: (212) 344-3100

80 Main Street, Suite 460 © West Orange, NJ 07052 @ T. 973) 325-8800
www. flwlaw.com

  

   

04-076822-F00.EXHIBIT “A”ste e
—

DECEMBER 22, 2008 DAVIE FLORIDA
{Date} [City] [State}

2270 SW 131 TERRACE, DAVIE, FI, 33325-
PPropery Address)

1. BORROWER'S PROMISE TO PAY
In serum for a loan that I have received, I promise to pay U.S, $395, 000.00 (this amount is called "Principal”),
plus interest, to the order of the Lender. The Lender is
COUNTRYWIDE BANK, FSB
I will make all payments under this Note in the form of cash, check or money order.
Tunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to
receive payments under this Note is called the "Note Holder."

2, INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate
of 5.500%.

‘The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note,

3. PAYMENTS

(A) ‘Time and Place of Payments

I will pay principal and interest by making a payment every month,

I will make my monthly payment on the FIRST day of each month beginning on FEBRUARY 01, 2009
I will make these payments every month until I have paid all of the principal and interest and any other charges desctibed below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before
Principal. If,oa JANUARY 01, 2039 I still owe amounts under this Note, I will pay those amounts in full on that date, which
is called the "Matority Date.”

I will make my monthly payments at
P.O. Box 660694, Dallas, TX 75266-0694
or at a different place if required by the Note Holder.

(B) Amount of Monthly Payments

My monthly payment will be in the amount of U.S. $2,242.77

4, BORROWER'S RIGHT TO PREPAY

I have the right to make payments of Principal at any time before they are due, A payment of Principal only is known as a
“Prepayment,” Whea I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as
a Prepayment if Thave not made all the monthly payments due under the Note.

Tmay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes,

5, LOAN CHARGES

Ifa law, which applies to this loan and which scts maximum loan charges, is finally interpreted so that the interest or other foan
charges collected or 10 be collected in connection with this loan exceed the permitted limits, then: (a) any such loan chargé shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which
exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe
under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial
Prepayment,

6. BORROWER'S FAILURE TO PAY AS REQUIRED

(A) Late Charge for Overdue Payments

If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar
days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.

(B) Default

If I do not pay the full amount of each monthly payment on the date itis due, I will be in default.

(C) Notice of Default

If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amouat by a certain
date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that
Towe on that amount, That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other

means.
FLORIDA FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01
Fixed Rate Note-FL

2005N-FL. (09/08)(d") eeLOAN
@) No Waiver By Note Holder —

Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the
Note Holder will still have the right to do so if lam in default at a later time.

(E) Payment of Note Holder's Costs and Expenses

If the Note Holder has required me to pay immediately in full as described above, the Not Holder will have the right to be paid
back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable atomeys’ fees.

7. GIVING OF NOTICES

Unless applicable law requires a different method, any notice that mst be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a
notice of my different address.

Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail
to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of that different address.

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser
of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note
against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts
‘owed under this Note,

9. WAIVERS

I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor” means the right
to require the Note Holder to give notice to other persons that amounts due have not been paid.

10. UNIFORM SECURED NOTE
‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note
Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Scourity Instrument"), dated the same date as this Note,
protects the Note Holder from possible losses which might resuk if 1 do not keep the promises which I make in this Note. That
Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts
owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Bocrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in fall of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.

11, DOCUMENTARY TAX
‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.

WITNESS THE HAND(S) AND SEAL(S) PENS

(fn (Seal)

-Borrower

  

 

5 AY TOTHE ORDER OF
: WITHOUT RECOURSE (Sealy
CCOUNTRIIIDE BAN, FB “Bocrower

w a Pred =
LAURIE MEDER Se

SEN VICE FREDENT EEE EEE EEE EE nr
(Seal)
“Borrower
[Sign Original Only]
FLORIDA FIXED RATE NOTE--Singlo Family-Fannle Mae/Freddle Mac UNIFORM INSTRUMENT Form 3210 1/01

Fixed Rate Note-FL
2005N-FL (09/08) Page zot2EXHIBIT “B”CFN # 108363476, OR BK 45935 Page 1466, Page 1 of 12, Recorded 01/22/2009 at
03:34 PM, Broward County Commission, Doc M: $1382.50 Int. Tax $790.00
Deputy Clerk 3375

 

 

After Recording Retum To:
COUNTRYWIDE BANK, SB

MS SV-79 DOCUMENT PROCESSING
P.0.Box 10623

Van Nuys, CA 91410-0423

RETUCN TO:
‘This document was prepared by:
SHARRIB SHELTON ev "2 Anoney
COUNTRYWIDE BANK, FSB 609 South Oilanco Avenue

 

1571 SAWGRASS CORP PKWY,

 

 

:
SUNRISE
FL 33323
(Space Above This Line For Recording Data]
Weacrow/Cl; ”
ee EZ
DEFINITIONS

‘Wards used in amiltiple sections of this docomont are defined below and other words aro defined in Sections 3, 11, 13, 18, 20 and
21. Certain roles regarding the usage of words used in this document are also provided in Section 16,

(A) “Secarity Instrument” means this document, which is dated DECEMBER 22, 2008  , together with all Riders to this

docameat.
®) "Borrower" is
JORGE A VALLEJO, AN UNMARRIED MAN

Borrower is the mortgagor under this Security Instrament.

ongenized snd existing under the laws of Delaware, and has an address and telephone namber of P.O. Box 2026, Flint, MI 4850)1-
2026, tel. (888) 679-MERS.

@) "Lender" is

COUNTRIWIDE BANK, FSB

Lender is a FSD SVGS BANK organized and
existing under the laws of THE UNITED STATSS

Lender's address is

2199 North Fairfax St. Ste.500, Alexandria, VA 22314 .
(E) “Note” means the promissory note signed by Bocrower and dated DECEMBER 22, 2008 . The Note states that
Borrower owes Leader

THREE HUNDRED NINETY FIVE THOUSAND and 00/100

Dollars (U.S. $395,000.90 ) plus interest, Borower has promised to pay this debt in regular Periodic Payments and to
pay the debt in full not later than JANUARY 01, 2039

® moans the property that ix described below under the heading “Transfer of Rights in the

@ “Lean” leans the cbt evidenced by the Nor plas niet, any prepayment charges ead late charge dg onder the Not
snd all sums due under this Security Instrument, plus intezest.

(H) "Riders" means all Riders to this Socurity lostroment that ae executed by Borrower. The following Riders are 10 be
executed by Borrower [check box as applicable}:

g Adjustable Rate Rider Condominium Rider (1 Second Home Rider
Balloon Rider Planned UnitDevelopment Rider [F] 1-4 Pamily Rider
OQ VARider Biweekly Payment Rider 1 Other(s) (specify)

FLORIDA-Single Famiy-Fannie Uae/Freddle Mac UNIFORM INSTRUMENT (MERS)

MERS Mottgage-FL
206A FL (OwDEN aR Page 1 of 10

HWCFN # 108363476, OR BK 45935 PG 1467, Page 2 of 12

© “Applicable Law" means afl conwolting applicable federal, stae and local statues, regulations, ordinances and

administrative rules and orders (that have the effect af law) as well as all applicable final, non-appeslable judicial opinions.
(@) “Community Assocation Duce, Fees, and Assessments” means all dues, fees, assessments and other charges thal are
mee

Paper instrument, which is initiated through an electronic terminal, (elepbonic fastrument, computer, of magnétic tape s0 2s to
‘order, instroct, or authorize a financial institution to debit or credit an eccount. Such term includes, but is not limited to, point-of-
sale transfers, autornated teller machine trensctions, transfers initiated by wlephone, wire transfers, and antomated clearinghouse
causfers.
©) “Excrow Iteus" incans those items that are described in Section 3.
QM) "Misesliancous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by eny third pany
(other than insurance proceeds paid under the coverages described im Section S) for. @) damage to, or destruction of, the Property:
(i) coudemnation or other taking of all or any pant of the Property; (iii) conveyance in liea of condemnation; or
iv) misrepresentations of. or omissions as 1, the value and/or condition of the Property.

™ Insurance" moans insurance protecting Leader against the nonpayment of, or defaak on, the Loan,
(Q) "Periodic Payment" means the regularly scheduled amonnt due for (i) principel end interest under the Note, phus Gi) any
amounts under Section 3 of this Security Instrument.
(%) “RESPA” means the Real Estate Settlement Procedares Act (12 U.S.C. Section 2601 ot 309.) and its implementing
regulation, Regulation X (24 CHR. Part 3500), as they might be amended from time to tims, or aay additional or ruccessor
Jegislation or regulation that governs the same subject mutter. As used in this Security Instrument, "RESPA" refers to all
ceqairements and restrictions that wre imposed in regard to a “federally related mortgage Joan” even if the Loan does not qualify as
a “federally relared mortgage loan" under RESPA,
(Q "Successor in Interest of Borrower” coeans any party that bas uken title to the Propeny, whecher or not that party has
assumed Bomower's obligations under the Note and/or this Security Instrument,

‘TRANSFER OF RIGHTS INTHE PROPERTY
‘This Security Instrument secures to Lender: i) the repayment of the Loan, and all renewals, extensions and modifications af the
Note; and (i) the pecformance of Bocower’s covenants and agreements under this Security Instrument and the Note. For this
parpose, Borrower docs hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Leader's successors and
assigns) and to the successors and assigas of MERS, the following described propesty located in the
COUNTY of BROWARD

[ype of Roca Duciediccon) {ane of Racondiag Prisca}
LOT 43, OF EMERALD SPRINGS HOMES OF DAVIE, ACCORDING 710 TE PLAT THEREOF AS RECORDED IN
PLAT BOOK 149, AT PAGE 48, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.

Parcel ID Number: 10014~11-04300 which cumently has the’ address of
2270 SW 131 TERRACE, DAVIE z
[semeciy)
Florida 33325 (“Propemy Address"); \
{ZipCode

TOGETHER WITH all the improvements now ot hereafter erected on the property, and all easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Lastrument,
All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds
only legal Otte to the interests granted by Borrower in this Secunity Instrument, but, if necessary to comply with law or custom,
MERS (as nominee for Lender and Lender's successors and assigns) has the right: o exercise any or all of those interests,
including, bot not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but
not limited 10, releasing and canceling this Secority Instrument.

BORROWER COVENANTS that Bomower is lawfully seised of the estate heeeby conveyed und bas the right to morigage,
grant and convey the Property und that the Propaty is unencumbered, except for encumbrances of record. Borrower warrants and
‘vill defead generally the tite 10 the Property against all claims and demands, subject wo any encumbrances of recard.

‘THIS SECURITY INSTRUMENT combines uniform covesunts for national use and non-uniform covenants with limited
‘variations by jurisdiction to constitute a uniform security instrament covering real property.

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:

1, Payment of Princkpsl, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when
ue the principal of, and imterest on, the debt evidenced by the Note and any prepayment charges and late charges due under the
Note. Borrower shell ulso pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security

MERS Morigage-FL.

FLORIDA-Single Famy—Fannie Mae/Preddie tac UNIFORM INSTRUMENT (MERS) Form 3010 WOT
ceotass eryCFN # 108363476, OR BK 45935 PG 1468, Page 3 of 12

 

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Instrument shall be made in U.S. currency. However, if eny check or other instrument received by Lender an payrtent under the
Note or this Security Instrument is returned to Lender mpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money
onder; (c) certified check, bank check, treasares’s check or cashier's check, provided any sach check is drawn pou an instirotion
whose. deposits am insured by a federal ageacy, instrumeatality, ar catity; ar (6) Hlocuunic Funds Transfer,

‘Payments ure deemed received by Leader when received at the location designated in the Note or at such other location as
may be designated by Lender in accordance with the notice provisions in Section 15. Lender may retum any payment or partial
payment if the payment or partial payments are insufficient to hring the Loan cument. Lender may sccept ay payment or partial
payment insufficient to being the Loan cumeat, without waiver of amy rights hereunder or prejudice to its rights to refuse such
Payment cr partial payments in the foture, but Lender is not obligated to apply such paymenis at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest cn mspplied fends.
Lender may hold such unappiied funds until Borrower makes payment to bring the Loan curreat. If Borrower does not do 0 within
‘a reasonable period of time, Lender shall either apply such funds or netum them to Borrower. If not applied catliec, such funds will
bbe applied to the outstanding principal balance under the Note immediately prior to foreclosure, No offset or claim which
Borrower might have now at in the future against Lender shall relieve Borower from making payments due under the Note and
this Security Instrument or performing the covenants and agreements secured by this Security Instrameat

2 Application of Payments or Proceeds, Except as otherwise described in this Section 2, all payments accepted and
applied by Lender shall be applied in the following onier of priority: (a) interest due under the Note; (b) principal dne under the
Note; (c) seaounts doe under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became
doe, Any remaining amounts shall be applied firs to late charges, second to any other amounts due under this Security Instrument,
and thon to reduce the principal balance of the Nowe,

If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount t pay
amy late charge doe, the payment may be applied to the delinquent pxyment and the lais charge. If more than one Periodic Payment
is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, md to the
‘extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment
of one or more Periodic Payments, such excess may be applied ro any late charges due. Voluntary prepayments shall be applicd
firet to any prepayment charges and thea as described in the Note,

Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend
‘or postpone the due date, ar change the amount, of the Periodic Payments.

3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the
Note is paid in full, a sum (ihe “Punds") to provide for payment of amounts das far: (a) taxes and assessments and other items
which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payroeats or ground
rents on the Propery, if any; (c) premiums for any and all insarance required by Lender under Section 5; and (6) Mortgage
Insurance premiums, if any, or any sures paynble by Bacrower to Lender ia lieu of the payment of Mortgage Insurance premiums
in accordance with the provisions of Section 10, These items are called “Escrow Items.” At origination or at any time during the
term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
and soch dues, feos and assessments shall be an Eacrow tem. Borrower shall promptly furnish to Lendee all notices of amounts t
bbe paid under this Section. Borrower shail pay Lender the: Punds for Bscrow Items unless Lender waives Bocuwer's obligation to
pay the Punds for eny or all Escrow lems. Lender may waive Borrower's obligation to pay to Leader Fands for any or all Escrow
lems at any time. Any such waiver mey oaly be in writing. In the event of such waiver, Borrower shall pay directly, when and
where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
cequires, shall funtish to Leader receipts evidencing such payment within such time period as Lender may require, Bocrower's
obligation to ruake such payments end to provide receipts shall for all parposes be deemed to be a covenant aud agreement
contained in this Security Insrument, as the phrase “covenant and agreement” is téed in Section 9. If Borower is obligaled to pay
Escrow Items directly, parsaant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Leader may exercise its
rights under Section 9 and pay soch acount and Bonower chall then be obligated under Section 9 to repay to Lender any such
amount, Lender may revoke the waiver as to any or ail Escrow Items af any time by a notice given in accordance with Section 15
and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section
2

Lender may, 1 any time, collect and bold Ponds in an amount (a) sufficient to permit Lender w apply the Funds at the time
specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the
‘amount of Funds due on the basis of current data and reasonable estimsies of expenditures of forure Excrow Items or otherwise in
accordance with Applicable Law,

‘The Funds shall be held in an institution whose deposits are insured by a federal agency, insirumentality, or entity (nclading
Lender, if Lender is an istitation whose deposits are so insured) or in any Federal Hlome Loan Baak. Lender shall apply the Punds
(o pay the Bacrow Items no later than the time specified under RESPA. Lender shall not charge Bocrower for holding and applying
the Punds, annually analyzing the escrow account, or verifying the Escrow Items, ualess Lender pays Bomower interest oo the
Punds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
requires interest 10 be paid on the Funds, Lender shall not be required to pay Borrower my interest cx earnings cn the Funds,
Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual eccuumting of the Funds as required by RESPA.

If there is a surplus of Punds held in escrow, as defined under RESPA, Lender shal] seconnt to Bosrower for the excess funds
‘n socardance with RESPA. If there is a shortage of Funds held in escrow, a8 defiaed under RESPA, Lender shall notify Borrower
‘as required by RESPA, and Bocrower shall pay to Louder the emount necessary to make up the shortage in accordance with
RESPA, but ia no more than 12 monthly payments, If there is a deficiency of Funds held in escrow, as defined under RESPA,
Leade: shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary tp make up the
deficiency in accardance with RESPA, bar in no more than 12 monthly payments.

‘Upon payment in full of all sums secured by this Secunty Instrument, Lender shall promptly refund to Borower any Funds
held by Lender.

FLORIDA-Singie Famity-Fannie MaeFreddle Mao UNIFORM INSTRUMENT (MERS) Form 5010 ert

MERS Mortgage-FL
snes reset StCFN # 108363476, OR BK 45935 PG 1469, Page 4 of 12

 

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4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property
which can attain priacity over this Security Instrumeat, leasehold payments or ground remts on the Property, if any, and
Comunity Association Dves, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Bomower shall pay
them in the manner provided in Section 3.

Bocower shall promptly dischurge any lien which has priority aver this Security Instrument unless Bomower: (a) agrees in
‘weiting to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is

forming soch agreement; (b) contests the lien in good faith by, or defeuds against enforcement of the lien in, legal proceedings
‘which in Lender's opinion operate to prevent the enforcement of the lien while those prococdings are pending, bet ccly until soch
proceedings art concinded; or (c) secures from the holder of ths lien an agreement satisfactory 1 Lender subordinating the lien to
this Secunty Instrument. If Lender determines that sry part of the Property is subject to a lien which can attain priority over this
Security lastrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is
given, Borrower shall satisfy the lien or take ove or more of the actions set forth above in this Section 4.

Leader may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by
Lender in connection with this Loan,

Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on ihe Property insured
against loss by fire, hazards incladed withia the term "extended coverage,” and any other bazards inclading, but nnt limited to,
earthquakes and floods, for which Lender requires insurance. ‘This insurance shall be maintained in the amoumts (iocluding
deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change
during the term of the Loan. The insurance cazrier providing the insurance shall be chosen by Borrower subject to Lender's right io
disapprove Borrower's choice, which right shall uot be exercised unreasonably. Lender may require Botrowet to pay, ia commection
with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services: or (b) a one-time
charge fot flood zone determination and certification services and subsequent charges each time receppings or similar changes
Occur which reasonably might affect such determination or certification, Barrower shall also be responsible for the payment of any
fees imposed by the Federal Emergency Management Agency in ooasection with the review of any food zone determination
resulting from m objection by Borrower.

If Borrower fails to maintain any of the coverages described above, Lenser may obtam insarance coverage, at Lender's option
and Bosrower’s expense. Lender ig under no obligation w purchase ary particular type or amount of coverage. Therefore, soch
coverage shall cover Leader, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the

this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,
‘with puch interest, upon notice from Lender to Borrower requesting payineat.

Al insurance policies required by Lender and renswrals of such policies shall be subject to Lender's right to disapprove such
policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender
shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Leader all
receipts of paid proaiuns and renewal notices. Uf Borrower obtains my form of insorance coverage, not otherwise required by
Lender, for damage to, or destruction of, the Property, such policy shall incinde a standard moctgage clzuse and shall name Lender
as morigagee and/or as an additional loss payee.

In the event of loss, Borrower shall give prompt notice to the insurunce camer und Leader. Lender may make proof of loss if
‘not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, any insurmee proceeds, whether or not
the underlying insurance was required by Lendes, shall be applied 1 restaration or repair of the Property, if the restoration or

Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Bacrower shall not
be paid out of the insurance proceeds end shail be the sale obligation of Barrower. If the restoration or repair is not economically
feasible or Leader's secucity would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
Tnstrumemt, whecher or not then due, with the excess, if any, paid to Borrower, Such imsurance proceeds shall be applied ia the
order provided for in Section 2.

If Borrower abandons the. Property, Lender may file, negotiate and settle any available insurance claim and related matters. If
Borrower does net respond within 30 days to 4 notice from Lender that the insurance carrier has offered to settie & cStim, then
Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Leader
acquises the Propery under Section 22 or otherwise, Borrower hereby assigns to Lender (2) Borower's rights to axy insurance
Proceeds in an amount not 10 exceed the amounts unpaid under the Note oc this Security Insuument, and (b) any other of
Borrower's right (other than the right to any refund of uncemed premiums paid by Bowes) under all insurance policies
Covering the Propecty, insofar as soch rights arc applicuble to the coverage of the Property. Lender may vse the insurance proceeds
either to repair or restore the Property or to pay amounts unpaid under the Note cr this Security Inswument, whether or not Gen
due,

6 Occupancy. Barrower shall occupy, establish, and use the Property as Borrower's principal resideace within 60 days
after be execution of this Securiry Instrument and shall continue 9 occupy the Property as Bomower’s principal resideoce for at
least one year after the date of occupancy, unless Lender otherwise agrors in writing, which consent shall not be unreasonably
withheld, or unless exteuuaimg circumstances exist which are beyond Borrower's contro.

7, Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage oc
impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Bocrower is residing in the
Property, Bocrower shall maintain the Property ia order to prevent the Property from deteziorating or decreasing in value due to its
oomiition. Unless it is determined parsuant to Section $ thal repair or restoration is not economically feasible, Boxower shall

FLORIDA-Siogle FerilyFannite Mee/Freddle Mac UNIFORM INSTRUMENT (MERS) Form 310 101

MERS Mongage
2OOBAFL, (08/08) Page got 10 MSCFN # 108363476, OR BK 45935 PG 1470, Page 5 of 12

 

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ppromply tepair the Property if damaged to avoid further deterioration or damage. If insurance or condeamation proceeds are paid
im connection with damage 10, or the taking of the Property, Borrower thal be responsible for repairing or restaring the Propesty

Beveent ox ins sre of progress payments sth work is completed. he insorence condemn proceeds te sot fie
No repair or restore the Property, Bocrower is not relicved of Borruwer’s obligation for the completion of such repair or restaration.

Lender or its agent may make reasonable entries upon and inspections of the Property. if it has reasonable canse, Leader may
inspect the interior of the improvements on the Property. Leader shall give Borrower notice at the time of or peior 10 such an
interior inspection specifying such reasonable cause.

$8 Borrower's Loan Applicatio. Borrower shall be in defanit if, during the Loan application process, Borrower or any
persons ar eaities acting atthe direction of Borower or wth Botower’s knowledge or consent gave materaly false, _
‘or inaccurate information or statements to Lender (ar failed to provide Lender with material information) in connection with the
‘Loan. Matecal representations include, bat are not limited to, representations conceming Borrower's occupancy of the Property 93
Borrower's principal residence.

9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to
pecform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly
affect Leader's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy,
for condemnation or forfeitare, for enforcement of a Tien which may attain priority over this Security Instrameat or to enfurce laws
of regulations), or (0) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appeoptiate
{o protect Lender's mierest in the Property and rights under this Security Instrament, including protecting wmd/ar assessing the
value of the Property, and socuring and/or repairing the Property, Lender's actions can include, but are not limited to: (a) paying
any sums secured by a licn which has priority over this Security Instrument; (b) appearing in coun; and (c) paying reasonable
attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument, inchuding its secured position in a
bankruptcy proceeding. Secaring the Property inclodes, but is not limited to, entecing the Propesty to make repairs, change locks,
replace or board up docrs and windows, drain water from pipes, eliminate building or other code violations or dangerous
conditions, and have utilities tumed on or off. Although Lender muy take action under this Section 9, Lender does not have to do
so and is aot under any duty or obligation 1 do 0, Its agreed that Lender incurs oo Habit foc not aking any or all ations
authorized under this Section

Thay unousdobuned by Lender unde his Secon 9 shall come addtional debt of Borrower secre by tis Secuiy
Instrument. These amounts shall bear interest at the Note raic from the date of disbursement and shall be payable, with such
imerest, npon notice from Lender to Boorower payment.

If this Security Lnsrument is on a leasebold, Borrower shall comply with all the provisions of the lease. If Borrower acquires
fee tide to the Property, the leasebold and the foe tite shall not merge unless Lender agrees to the manger in writing.

10, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay
the premiums required to maintain the Mastgage Tnsurmce in effect. If, for any reason, the Morigage Insurance coverage required
by Lender ceases to be available from the marlgage msurer that previcosly provided such ineurance and Borrower was required 19
make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the preaniums required 10
obtain coverage substantially equivalent to the Martgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from sn altamate mortgage insurer selected by Lender. If
substantially equivalent Mortgage Insurance coverage is not available, Borrower shall contimas to pay to Leader the arnovat of the
separately designated payments that were dne when the insurance coverage ceased to be in effect, Lender will accept, use and
retain these payments as 2 noo-refundable loss reserve in Lieu of Mortgage Insurance. Such loss reserve shall be nun-reftmdables,
notwithstanding the fact that the Loan ia ultimately paid in fall, and Lender shall not be required to pay Borrower eny interest oc
‘camings on such loss reserve, Lender can no longer require loss reserve paymems if Morgage Insurance coverage (in the amount
ad for the period that Lander requires) provide bj an ia selected by Lander agtia becomes avaabl is obtained, and

Lender requires separately payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance a8 a condition of making the Loan and Borrower was required to make separately designated payments toward die
premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintin Mortgage Insurance in effect, or 10
provide « noa-refundable loss reserve, until Leader's requirement for Morigage Insurance ends in accordance with any written
agreement between Bomower and Leader providing for such termination or until termination is required by Applicable Law.
‘Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note,

Martgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower
does not repay the Loan a8 agreed. Barrower is not a party to the Mortgage Inrurance

Mortgage insurers evaluate their tol risk on all such insurance in force from time to time, and may entsr into agresments
‘with other parties that share or aodify their risk, ar reduce losses, These agreements