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Case Number: CACE-15-013618 Division: 11
Filing # 30308719 E-Filed 07/30/2015 04:35:00 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION
U.S. BANK NATIONAL ASSOCIATION AS DIVISION
TRUSTEE FOR MASTR ASSET BACKED Case No.:
SECURITIES TRUST 2006-WMC4 MORTGAGE
PASS-THROUGH CERTIFICATES SERIES 2006-
WMC4,
Plaintiff,
vs.
CALVIN J. WATSON A/K/A CALVIN JOSEPH
WATSON; CARLA P. ANTHONY-WATSON;
HONEYPLACE HOMEOWNERS' ASSOCIATION,
INC.; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; ANY AND ALL UNKNOWN
PARTIES CLAIMING BY, THROUGH, UNDER,
AND AGAINST THE HEREIN NAMED
INDIVIDUAL DEFENDANT(S) WHO ARE NOT
KNOWN TO BE DEAD OR ALIVE, WHETHER
SAID UNKNOWN PARTIES MAY CLAIM AN
INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS,
Defendant(s).
VERIFIED COMPLAINT TO FORECLOSE MORTGAGE
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET
BACKED SECURITIES TRUST 2006-WMC4 MORTGAGE = PASS-THROUGH
EEO UU RATNER TALULA
HVAT AEE
15-022954 - JoJ
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FLOO1
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/30/2015 4:34:56 PM.****CERTIFICATES SERIES 2006-WMC4 (hereinafter referred to as the "Plaintiff'), sues CALVIN
J. WATSON A/K/A CALVIN JOSEPH WATSON; CARLA P. ANTHONY-WATSON;
HONEYPLACE HOMEOWNERS’ ASSOCIATION, INC.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. (hereinafter referred to as "Defendant(s)"), and alleges:
COUNTI
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 June 9, 2006, CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON
executed and delivered a promissory note (the "Note"), and CALVIN J. WATSON AMKIA
CALVIN JOSEPH WATSON AND CARLA P. ANTHONY-WATSON executed a mortgage
securing payment of the Note (the "Mortgage"). A copy of the Note and the Original Note
Certification are attached hereto as Exhibit "A".
4, The Mortgage was recorded on June 14, 2006 in the Official Records, Book 42209 at Page
627 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 WMC MORTGAGE CORP. by virtue of an
assignment of mortgage (the "Assignment of Mortgage") recorded on December 18, 2007 in the
Official Records Book 44914, at Page 786, of the Public Records of BROWARD County,
Florida. A copy of the Assignment of Mortgage is attached hereto as Exhibit "C".
6. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. By virtue of an assignment of mortgage (the "Assignment
15-022954 - Jou
FLOO1
aSof Mortgage”) recorded on December 18, 2007 in the Official Records Book 44914, at Page 788,
of the Public Records of BROWARD County, Florida. A copy of the Assignment of Mortgage is
attached hereto as Exhibit "C".
7. The Mortgage was subsequently assigned to U.S. BANK NATIONAL ASSOCIATION
AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-WMC4
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-WMC4 by virtue of an
assignment of mortgage (the "Assignment of Mortgage") recorded on March 15, 2010 in the
Official Records Book 46941, at Page 1760, of the Public Records of BROWARD County,
Florida. A copy of the Assignment of Mortgage is attached hereto as Exhibit "C".
8. The loan was subsequently modified pursuant to the Loan Modification Agreement,
which is attached hereto as Exhibit "D".
9. The Plaintiff, directly or through an agent, has possession of the Note, which is either
made payable to the Plaintiff or has been duly endorsed. Therefore, the Plaintiff has the right to
enforce the Note.
10. 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.
ll. The property is now owned by Defendants(s), CALVIN J. WATSON A/K/A CALVIN
JOSEPH WATSON, and the record legal title to said mortgaged property is now vested in
Defendant(s), CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON, if living and if dead,
the unknown spouses, heirs, and beneficiaries CALVIN J. WATSON A/K/A CALVIN JOSEPH
WATSON who hold or holds possession.
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FLOO112. Defendant(s), CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON has defaulted
under the Note and Mortgage by failing to pay the January 01, 2013 payment, and all subsequent
payments due thereafter.
13. All conditions precedent to filing of this action have been performed or have occurred.
14. The Plaintiff declares the full amount payable under the Note and Mortgage to be due.
15. CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON, owes the Plaintiff
$286,380.08 that is due on principal on the Note and Mortgage, together with interest from
December 01, 2012, late charges, all costs of collection (including title search expenses for
ascertaining necessary parties to this action), and reasonable attorney’s fees.
16. The Plaintiff is entitled to insurance premiums, taxes, assessments, and any other
advances made on behalf of the Defendant(s) along with reasonable attorney's fees and costs as
set forth in the Note and Mortgage.
17. The Plaintiff is obligated to pay its attorneys a reasonable fee for their services.
18. Defendant, CARLA P. ANTHONY-WATSON, may claim some right, title, or interest in
the property herein sought to be foreclosed by virtue of EXECUTION OF MORTGAGE or some
other unknown interest, the exact nature of which is unknown to Plaintiff and not a matter of
public record. However, said interest, if any, is subordinate, junior, and inferior to the lien of
Plaintiff's mortgage.
19, Any interest in the property inuring to the Defendant, HONEYPLACE HOMEOWNERS
ASSOCIATION, INC., is subordinate and inferior to the lien of Plaintiff's mortgage. including,
but not limited to, HOA of the Public Records of Broward County, Florida.
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FLOO120. Any interest in the property inuring to the Defendant, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., is subordinate and inferior to the lien of Plaintiff's
mortgage, including. but not limited to, ASSIGNMENT OF MORTGAGE recorded December 7,
2007, in Official Record Book 44880 at Page 839, ASSIGNMENT OF MORTGAGE recorded
December 7, 2007, in Official Record Book 44880 at Page 837 and MORTGAGE recorded June
14, 2006, in Official Record Book 42209 at Page 651 of the Public Records of Broward County,
Florida.
21. Any and all unknown parties claiming by, through, under, and against the herein named
individual defendant(s) who are not known to be dead or alive, whether said unknown parties
may claim an interest as spouses, heirs, devisees, grantees, or other claimants are joined as
defendants herein. The claims of said defendants are subordinate, junior, and inferior to the
interest of the Plaintiff.
WHEREFORE, 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
purs erms 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
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FLOO4liability pursuant to the provisions of the United States Bankruptcy Code 11 U.S.C. section 101,
et. seq.
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED
SECURITIES TRUST 2006-WMC4 MORTGAGE PASS-THROUGH CERTIFICATES
SERIES 2006-WMC4 has the right to foreclose.
FLA R. 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 NATIONAL ASSOCIATION AS
TRUSTEE FOR MASTR ASSET BACKED
SECURITIES TRUST 2006-WMC4 MORTGAGE
PASS-THROUGH CERTIFICATES SERIES 2006-
WMC4, by Select Portfolio Servicing, Inc., as
attorney-in-fgct
ne: Jeff Fox :
Title: Document Control Officer
Select Portfolig, Servicing, Inc.
Date: y 22, Z ols”
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901 58a" M. Swartz
Facsimile: 561-997-6909 Fl Bar No. 112209
Service Email: mail@rasflaw.com
—
By:
Jonathan Meisels, Esquire
‘Florida Bar No. 29235
Communication Email: j.meisels@rasflaw.com
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FLOO1CERTIFICATION AS TO ORIGINAL PROMISSORY NOTE
I, Bill Koch, as Document Control Officer for Select Portfolio Servicing, Inc., under
penalty of perjury hereby certify as to the following:
1, Plaintiff is in possession of the original Promissory Note (“Note”) executed by
CALVIN J WATSON for 1760 SW 83 TERRACE MIRAMAR FL 33025
2. The Note is physically located at the offices of Select Portfolio Servicing, Inc.,
currently located at 3815 S. West Temple Salt Lake City, UT 84115.
3. Bill Koch personally verified such possession on DATE 04/27/2015 TIME QA SGRe
4. A true and correct copy of said Note together with any allonges, if applicable, is
attached to this certification.
Signature
Bill Koch
Document Control Officer
Title
EXHIBITthe ONT ature Loan Number:
osu ADJUSTABLE RATE NOTE
(LIBOR Index - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I
MUST PAY.
JUNE 9, 2006 CORAL SPRINGS FLORIDA
(Date) [euyt {Sate}
1760 SW 83 TERRACE, MIRAMAR, FLORIDA 33025
{Peoperty Adaiess|
1. BORROWER'S PROMISE TO PAY
In return for a toan that I have received, I promise to pay U.S. $ 220, 000.00 (this amount is
called “Principal”), plus interest, to the order of the Lender. The Lender is FIRST FEDERATED
FUNDING CORP. OF SOUTH FLORIDA INC., A FLORIOA CORPORATION
J will make all payments under this Note in the form of cash, check or money order.
| understand that the Lender may transfer this Note, The Lender ar anyone who takes this Note by transfer
and who is entitled (0 receive payments under this Note is called the "Note Holder.”
2. INTEREST
Interest will be charged on unpaid principal uni the full amount of Principal has been paid. I will pay interest
al a yearly rate of 8.250%. The interest rate 1 will pay may change in accordance with Section 4 of this
Note
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after
any default described in Section 7(B) of this Note
3. PAYMENTS
(A) Time and Place of Payments
| will pay principal and interest by making a payment every month
Iwill make my monthly payments on the 1st day of each month beginning on AUGUST 1 ;
2006 . Iwill make these payments every month until I have paid all of the principal and interest and any other
charges described below that ] may owe under this Note. Each montltly payment will be applied as of ils scheduled
due date and will be applied to Interest before Principal. If, on JULY 1, -2036 1 Tstill owe
amounts under this Note, I will pay those amounis in full on that date, which Is called the "Maturity Date,"
J will make my monthly payments at 1999 N UNIVERSITY DRIVE SUITE 405,
CORAL SPRINGS, FLORIDA. 3307)
or at a different place if required by the Note Holdes
{B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 1,652.79 This
amount may change.
(©) Monthly Payment Changes
‘Changes in my monthly payment will reflect changes ta the unpaid principal of my toan and in the interest rate
‘hat I must pay. The Note Holder will determine my new interest sate and the changer amount of my monthly
payment in accordance with Section 4 of this Note.
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9590 ot4. INTEREST RATE AND MONTHLY PAYMENT CHANGES.
{A) Change Dates
The interest rate I wil
pay may change onthe 1st dayof JULY, 2008
on drat day every sixth mouth thereafter. Each date on which my interest rate could change is called a "Change Date
(B) The Index .
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average
of interbank offered rates for six-month U.S, dollar-denominated deposits in the London market ("LIBOR"). as
Published in The Wall Stceet Journal. The most recent Index figure available as of the first business day
immediately preceding the month in which the Change Date occurs is called the “Current Index,”
If the Index is wo longer available, the Note Holder will choose a new index that is based upon comparable
information. ‘The Note Holder will give me notice of this choice
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding SI AND
250/1000 percentage points ( 6.250 %) to the Current Index. The Note
Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject
{o the limits stated in Section 4(D) below, this rounded amount will be my nev interest rate until the next Change
Date.
yy of the’ month
The Nate Holder will then determine the amount of the monthly payment that would be sufficient (o repay the
unpaid principal that | am expected to owe at the Change Date in full on the Maturity Date al my new interest rate
‘in substantially equal payments. The result of this calculation 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 11.250 %
or fess than * 8.250 %. Thereafter, my interest rate will never be increased or decreased on any single
Change Date by more than ONE AND 090/1000 percentage point
(
1000 %) from the rate of interest I have been paying for the preceding six months, My interest rate
will never be greater than 14.750 %.
My interest rate will never be less than 8.250%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthty
Payment beginning on the first monthly payment date after the Change Date uni the amount of my monthly payraent
changes again.
{E) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in iny interest rate 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 tie and (elephone number of @ person who will answer any question I may have regatding
the notice.
5. BORROWER'S RIGHT TO PREPAY ** See attached Prepayment Note Addendum.
Thave the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a "Prepayment." When I makea Prepayment, 1 will (ll the Note Holder in writing that T am doing so
T may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note.
Tmay make a full Prepayment or partial Prepayments without paying any 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 applyiuig my
Prepayment (o reduce the Principal amount of the Note, If] make a partial Prepayment, there will be no change
the due dates of my monthly payments unless the Note Holder agrees in writing (o those changes. My partial
Prepayment may reduce the amount of my monthly payments afier the first Change Date following my partial
Prepayment, However, any reduction due to my partial Prepayment may be offsel by an interest rate increase.
MULTISTATE7FINED/ADJUSTABLE RATE NOTE (Nonassumoble Fined) Dociagic Gkermm 000 640-1308
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Page 2 of §
U5) RTUCOUO YG ADRML REO AEB | MOQEGOLY HY A BURNET A OH6. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that th
interest or other loan charges collected or to be collecied in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary (o 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 | owe under this Note or by making a direct payment
fu me, Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
Ifthe Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge (o 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
1f1 do not pay the full amount of each monthly payment on the date it Is due, I will be in default
(©) Notice of Default
HT am in default, the Note Holder may send me a written notice telling me that if} do not pay the overdue
‘amount by a certain dale, the Note Holder may require me to pay immediately the full amount of Principal which has
‘not been paid and all the interest that [ owe on that amount. That date must be al least 30 days afler the date on which
the notice is mailed (o me or delivered by other means.
{D) No Waiver by Note Holder
Even if, a atime 1 am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Halder will still have the right to do so if { am in defaull at a later lime,
(£) Payment of Note Holder's Costs and Expenses
If the Note Holder has requised me to pay in full as described above, the Note Holder will have the right to
be paid back by me for all of ts cosis and expenses in enforcing this Note (othe extent not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys’ fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that musi be given to me under this Note will be
given by delivering itor by mailing it by firs class mail (o me at the Property Addcess above ar ata 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 thls 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 SA) above or at a different address it [ ain
given a notice of that different address.
9, 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 (his Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note fs also obligated to do these things. Any person who lakes over these obligations,
Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all ofthe 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 (o pay all of the amounts owed under this Note.
10. WAIVERS
| and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Distionor. “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 (o other persons that amounts de have not
been paid.
MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) “Docttagic Blown 300.608.7302
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Form 3890 1/01 Page 3 of 5
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‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the pra
given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrum }
dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not kee
the promises that [ make in this Note. That Security Instrument describes how and under what conditions [ may BR
required to make immediate payment In full of all amounts I owe under this Nate. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. [fall or any part of the Propecty
or any Interest in the Property Is sold or transferred (or if Borrower is not a natural peison and a
beneficial interest in Borrower is sold or transfesred) without Lender's prior written consent, Lender
may require immediate payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also
shall nol exercise this option if: (a) Borrower causes to be submitted to Lender information requited by
Lender to evaluate the intended transferee as if a new loan were being made to the ansferee; and (b)
Lender reasonably determines that Lender's security will not be impaired by the loan assumption and
that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to
Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption, Lender may also require the transferee to sign an assumption
agreement (hat is acceptable to Lender and that obligates the transferee to Keep all the promises and
agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated
under the Note and this Security Instrument unless Lender releases Borrower in writing
If Lender exercises the option {o require immediate payment in full, Lender shafl give Borrower
notice of acceleration. The notice shall provide a period of not less than 30 days fram the date the notice
's given in accordance with Section 15 within which Borrower must pay ali sums secured by this
Security Instrument. If Borrower fails to pay these sums prior (o the expiration of this period, Lender
may invoke any remedies permitted by (his Security Instrument without further notice or demand on
Borrower
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MULTISTATE IXEDIADJUSTABLE RATE NOTE (Nonassumable Fixed) Docthagic CMe 900.649.1362
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1359 ot OUUDUU GR CSEEUE GIB HG} GBA aE mthWITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Pensa
= (Seal)
CALVIN J WATSON Borrower “Borrower
(Seal) (Seal)
-Borrower Borrower
a (Seal) Seal}
Borrower -Borrower
(Sign Original Only}
IMUCTISTATE/FIXEDTADJUSTABLE RATE NOTE (Nonassumabie Fixed) Bocttagic CRT B00549 363
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Form 3590 1/04 Page 5 of 5
UO SRUU TUG ESB YOR ERT QE 1 UTQ
PREPAYMENT ADDENDUM TO NOTE QQ
ee d=
Date: JUNE 9, 2006
Loan Numbe
Borrower(s): C.
VIN J WATSON
‘THIS PREPAYMENT ADDENDUM TO NOTE (the “Addendum"} is made this. 9th day of
JUNE, 2006 . and is incorporated into and shall be deemed to amend and supplement
that certain promissory note (the "Note") made by the undersigned ("Borrewer") in favor of FIRST
FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC., A FLORIDA
CORPORATION
(Lender’) and dated the same date as this Addendum. Repayment of the Note is secured by a Mortgage, Deed of
Trust, or Security Deed (the "Security Instrument”) given by Borrower in favor of Lender and dated the same date
as this Addendum. To the extent that (he provistons of this Addendum are inconsistent with the provisions of the
Note, the provisions of this Addendum shall supersede the inconsistent provisions of the Note.
ADDITIONAL COVENANTS. In addition (o the covenants and agreements made in the Note, Borrower
and Lender further covenant and agree as follows:
Section 5 of the Note is amended to read in Its entirety as follows:
5. BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE
Thave the right to make payments of Principal at any time before they are duc. A payment
of Principal only is known as a “Prepayment.” When I make a Prepayment, I will tell the Note
Holder in writing that J am doing so. I may not designate a payment as a Prepayment if | have not
made all the monthly payments due under the Note.
The Note Holder will use my Prepayments (0 reduce the amount of Principal that I owe
under the Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid
interest on the Prepayment amount, before applying my Prepayment io reduce the Principal amount
of the Note, If make a partial Prepayment, there will he no changes in the due dates of my
monthly payment unless the Note Holder agrees in writing to those chianges.
If the Note contains provisions for a variable interest rate, my partial Prepayment may
reduce the amount of my monthly payments after the first Change Date following my partial
Prepayment. However, any reduction due {o my partial Prepayment may be offset by an interest
rate increase. If this Note provides for a variable interest rate or finance charge, and the interest
rate or finance charge al any time exceeds the legal limit under which a Peepaymtent penalty is
allowed, then the Note Holder's right to assess a Prepayment penalty will be determined under
appllcable law.
Ifwithin TWENTY-FOUR ( 24 — } months from the date the Security Instrument is
executed i make a full Prepayment or one or more partial Prepayments, and the total of all such
Prepayments in any 12-month period exceeds twenty percent (20%) of the original Principal amount
of the loan, I will pay a Prepayment charge in an amount equal (0 SIX ( )
‘months’ advance interest on the amount by which the total of my Prepayments within any 12-month
period exceeds twenty percent (20%) of the original Principal amount of the loan.
7
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este pe UMLS TORY UUB ERIE VERMA T08 UTE LEIS AQ
BY SIGNING BELOW, Borrower accepls and agrees to the terms aud provisions containe:
Addendum,
od nD ci Ov
Borrower CALVIN J WATSON Date Borrower Date
Borrower "Date Borrower Date
Borrower Date Borrower Date
IMULTISTATE PREPAVWENT ADDENDUM TO NOTE Dockhagi Civcais wniaa 1389
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Page 2 of 2 www. docmagie.com
aan pet SONU TEDNG)(DQSUA TEBE IG)Y VBI ASTER ME WET RIT BELoan Number:
ALLONGE TO PROMISSORY NOTE
at
Without recourse pay to the order of:
WMC MORTGAGE CORP.
By: AD ge
Name: \Jowee, Srotck
tis President
Company: FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC.
1999 N UNIVERSITY DRIVE SUITE 405
CORAL SPRINGS, FLORIDA 33071
Borrower Name: CALVIN J WATSON
Propeny Address: 1760 SW 83 TERRACE, MIRAMAR, FLORIDA 33025
Loan Amount: $220, 000,00
Closing Date: JUNE 9, 2006
GE
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RULGHGE To PROMISSORY NOTE Dochhagic ean toe cr 83
5308903 Srecmasiecons
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Loan Fe
ADJUSTABLE RATE NOTE
(LIBOR Index - Rate Caps)
THIS NOTE CONTAINS PROVISIONSw#LLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1
MUST PAY.
JUNE 9, 2006 CORAL SPRINGS FLORIDA
{Date} [chy] [State]
1760 SW 83 TERRACE, MIRAMAR, FLORIDA 33025
{Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, 1 promise to pay U.S. $ 220, 000.00 (this amount is
called "Principat"), plus interest, to the order of the Lender. The Lenderis FIRST FEDERATED
FUNDING CORP. OF SOUTH FLORIDA INC., A FLORIDA CORPORATION
I will make all payments under this Note in the form of cash, check or money order.
1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid, I will pay interest
ata yearly rate of 8.250 %. The interest rate I will pay may change in accordance with Section 4 of this
Note.
‘The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after
any default described in Section 7(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 payments on the 1st day of each month beginning on AUGUST 1 .
2006 . Iwill make these payments every month until | have paid all of the principal and interest and any other
charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled
due date and will be applied o interest before Principal. If,on JULY 1, 2036 » Estill owe
amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date."
Twill make my monthly payments at 1999 N UNIVERSITY DRIVE SUITE 405,
CORAL SPRINGS, FLORIDA 33071
or ata different place if required by the Note Holder.
{B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 1,652.79 . This
: amount may change.
- (C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate
that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note,
_
C2
MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) | DocMagic GRarmns 800-649-1362
Single Famity--Freddie Mac MODIFIED INSTRUMENT www. docmagic.com
Form 3590 1/01 Page 1 of 5
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‘Uss800 00 HUEUUON EAA EUTELM UOT | AERC) MOT: @ @
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES.
(A) Change Dates
The interest rate I will pay may change onthe Ist dayof JULY, 2008 » and
on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The “Index” is the average
of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as
published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month
immediately preceding the month in which the Change Date occurs is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will catculate my new interest rate by adding SIX AND
250/1000 percentage points ( 6.250 %) to the Current Index. The Note -
Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject
fo the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the 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 calculation will be the new amount of my monthly payment
(D) Limits on Interest Rate Changes
The interest rate | am required to pay at the first Change Date will not be greater than 11.250 %
or less than 8.250 %. Thereafter, my interest rate will never be increased or decreased on any single
Change Date by more than ONE AND 000/1000 percentage point
( 1.000 %) from the rate of interest I have been paying for the preceding six months. My interest rate
will never be greater than 14.750 %.
My interest rate will never be less than 8.250%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. | will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment
changes again.
(E} Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate 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 (o me and also the title and telephone number of a person who will answer any question I may have regarding
the notice.
5. BORROWER'S RIGHT TO PREPAY ** See attached Prepayment Note Addendum.
Thave the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a “Prepayment,” When | make a Prepayment, I will tell the Note Holder in writing that I am doing so.
I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder
will use my Prepayments to reduce the amount of Principal that ] 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 dates of my monthly payments unless the Note Holder agrees In writing to those changes. My partial
Prepayment may reduce the amount of my monthly payments after the first Change Date follawing my partial
Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase.
oe
a2
MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) DocMagic CForme 800.649.1362
Single Family--Freddie Mac MODIFIED INSTRUMENT www.docmagic.com
Form 3590 1/01 Page 2 of §
590 ot TUUVUE EUR BERT AOREU BYRD A6. LOAN CHARGES
Ifa law, which applies to this Joan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: {a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (6) 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 ] owe under this Note or by making a direct payment
to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only
once on each late payment.
(B) Default
If | do not pay the full amount of each monthly payment on the date it is due, 1 will be in default.
(C) Notice of Default
If 1am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has
not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which
the notice is mailed to me or delivered by other means.
({D) No Waiver by Note Holder
Even if, at a time 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 ] am in default at a later time,
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me (o pay in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys’ fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail (o 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 (he Note Holder at the address stated in Section 3(A) above or at a different address it I am
given a notice of that different address.
9. 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.
10. WAIVERS :
} 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 (o demand payment of amounts due. "Notice
of Dishonor" means the right to require the Note Holder to give notice fo other persons that amounts due have not
been paid.
_
Cal
(MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) DocMagic GFeamas 200-649-1362
Single Family--Freddie Mac MODIFIED INSTRUMENT www.docmagic.com
Form 3590 1/01 Page 3 of §
1.590 et A700 ERussss0.net
@ ¢
41. UNIFORM SECURED NOTE
‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"),
dated the same date as this Note, protects the Note Holder from possible losses which might result if ] do not keep
the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property
‘or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a
beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender
may require immediate payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also
shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by
Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b)
Lender reasonably determines that Lender's security will not be impaired by the loan assumption and
that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to
Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to (he loan assumption. Lender may also require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and
agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated
under the Note and this Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option (o require immediate payment in full, Lender shall give Borrower
notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice
is given in accordance with Section 15 within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior (o the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
ah
MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) DocMagic CRammns 500.649.1367
Single Family--Freddie Mac MODIFIED INSTRUMENT www.docmagic.com
Form 3590 1/01 Page 4 of §
AUBUUDU CEA AU EAE
UUEL 1 UVF ANEWITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
(Seal)
CALVIN J WATSON “Borrower “Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) Seal)!
-Borrower -Bortower
[Sign Original Only]
MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) DocMagle CRarinm 900-649-1362
Single Family.-Freddie Mac MODIFIED INSTRUMENT www, doemagic.com
Form 3590 1/01 Page 5 of §
asen se WOTARUOEUESVORC GOB AY REL YY 1) RETRO aUspato.onf
PREPAYMENT ADDENDUM TO NOTE
Loan Number i
Date: JUNE 9, 2006
Borrower(s): CALVIN J WATSON
THIS PREPAYMENT ADDENDUM TO NOTE (the “Addendum") is made this 9th day of
JUNE, 2006 . and is incorporated into and shall be deemed to amend and supplement
that certain promissory note (the "Note") made by the undersigned ("Borrower") in favor of FIRST
FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC., A FLORIDA
CORPORATION
("Lender") and dated the same date as this Addendum. Repayment of the Note is secured by a Mortgage, Deed of
Trust, or Security Deed (the "Security Instrument") given by Borrower in favor of Lender and dated the same date
as this Addendum, To the extent that the provisions of this Addendum are inconsistent with the provisions of the
Note, the provisions of this Addendum shall supersede the inconsistent provisions of the Note
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Note, Borrower
and Lender further covenant and agree as follows:
Section 5 of the Note is amended to read in its entirety as follows:
5 . BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE
Thave the right to make payments of Principal at any time before they are due. A payment
of Principal only is known as a "Prepayment." When I make a Prepayment, | will tell the Note
Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not
made all the monthly payments due under the Note.
The Note Holder will use my Prepayments to reduce the amount of Principal that 1 owe.
under the Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid
interest on at 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 dates of my
monthly payment unless the Note Halder agrees in writing to (hose changes.
If the Note contains provisions for a variable interest rate, my partial Prepayment may
reduce the amount of my monthly payments after the first Change Date following my partial
Prepayment. However, any reduction due (o my partial Prepayment may be offset by an interest
rate increase. If this Note provides for a variable interest rate or finance charge, and the interest
rate or finance charge at any time exceeds the fegai limit under which a Prepayment penalty is
allowed, then the Note Holder's right to assess a Prepayment penalty will be determined under
applicable law.
If within TWENTY-FOUR ( 24 _ ) months from the date the Security Instrument is
executed I make a full Prepayment or one or more partial Prepayments, and the total of all such
Prepayments in any 12-month period exceeds twenty percent (20%) of the originak Principal amount
of the loan, I will pay a Prepayment charge in an amount equalto SIX ( 6 )
months" advance interest on (he amount by which the total of my Prepayments within any }2-month
period exceeds twenly percent (20%) of the original Principal amount of the loan.
ie Prepay
ohS
MULTISTATE PREPAYMENT ADOENDUM TO NOTE DocMagic ara 200 60.1908
6/03 Page 1 of 2 ‘www. docmagic.com
UUUUTTUAELEMTGLA VODICE IUspain.ppt
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BY SIGNING BELOW, Borrower accepts and agrees to the
Addendum.
@
terms and provisions contained in this
aL aw sil. u\cr\ov
Borrower CALVIN J WATSON Date Borrower Date
Borrower Date Borrower Date
Borrower Date Borrower Date
MULTISTATE PREPAYMENT ADDENDUM TO NOTE,
6/03 Page 2 of 2
DocMagic Parnes 800.649.1362
wwrw.docmagic.com
UUEEEUYRVTRBBYY VERVE UOT AVP TU UTNE IL ae e
ALLONGE TO PROMISSORY NOTE
Without recourse pay to the order of:
WMC MORTGAGE CORP.
By: 0 Be
Name:\jowedn Sook
twe: President
Company: FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC.
1999 N UNIVERSITY DRIVE SUITE 405
CORAL SPRINGS, FLORIDA 33071
Borrower Name: CALVIN J WATSON
Property Address: 1760 SW @3 TERRACE, MIRAMAR, FLORIDA 33025
Loan Amount: § 220,000.00
Closing Date: JUNE 9, 2006
RLLONGE TO PROWISSORY NOTE 7 ‘Dochagic Crus 600.643 1962
oai05/03 www-docmegie.com
EULA UAV AENEHDI ON VUIOAEE CUTER LYREFI3010. mig
c ~ 7
: be be # 106160594
R BK 42209 Pi: ~
This Instrument Prepared By: RECORDED 06/1406 07.24°50.
; BROWARD COUNTY COMMISSION
DOC STMP-M: $770.00
INT TAX: 1 $440.00
DEPUTY CLERK 2130
#2, 24 Pages
After Recording Return To:
FIRST FEDERATED FUNDING CORP.
OF SOUTH FLORIDA INC. N
1999 N UNIVERSITY DRIVE SUITE
CORAL SPRINGS, FLORIDA 322971
Loan Number: WATSON 1 — Record and Return to:
Citizens Title
210 N University Drive, #301
Coral Springs, FL 33071
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) “Security Instrument" means this document, which is dated JUNE 9, 2006 , together
with all Riders to this document.
{B) "Borrower"is CALVIN J WATSON AND CARLA P ANTHONY-WATSON, HUSBAND
AND WIFE
Borrower is the mor(gagor under this Security Instrument.
(©) “Lender” is FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC.
Lender isa FLORIDA CORPORATION organized
and existing under the laws of FLORIDA .
Lender's addressis 1999 N UNIVERSITY DRIVE SUITE 405, CORAL SPRINGS,
FLORIDA 33071
Lender is the mortgagee under this Security Instrument.
(D) “Note” means the promissory note signed by Borrower and dated JUNE 9, 2006
The Note states that Borrower owes Lender TWO HUNDRED TWENTY THOUSAND AND
00/100 Dollars (U.S.$ 220,000.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than JULY 1, 2036 .
(E) “Property” means the property that is described below under the heading “Transfer of Rights in the Property."
(F) “Loan means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
FLORIDA--Single Family--Fannie Mae/Freddie Mac ‘UNIFORM INSTRUMENT DocMagic EF arms 800-649-1362
Form 3010 1/01 Page 1 of 15 ‘www.docmagic.com CU
EXHIBIT AVDUUUFOETAYVEQHUNY VU OMOEA THR WT(G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable]:
{R) Adjustable Rate Rider
2 Balloon Rider
1-4 Family Rider
(Cl Condominium Rider
Planned Unil Development Rider
Biweekly Payment Rider
Second Home Rider
Other(s) [specify]
PREPAYMENT .RIDER TO SECURITY INST
HOO
(H) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
(i) “Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(I) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers
(K) "Escrow Items” means those items that are described in Section 3.
(L) "Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
Preview
Case Number: CACE-15-013618 Division: 11 Filing # 30308719 E-Filed 07/30/2015 04:35:00 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION U.S. BANK NATIONAL ASSOCIATION AS DIVISION TRUSTEE FOR MASTR ASSET BACKED Case No.: SECURITIES TRUST 2006-WMC4 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006- WMC4, Plaintiff, vs. CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON; CARLA P. ANTHONY-WATSON; HONEYPLACE HOMEOWNERS' ASSOCIATION, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS, Defendant(s). VERIFIED COMPLAINT TO FORECLOSE MORTGAGE U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-WMC4 MORTGAGE = PASS-THROUGH EEO UU RATNER TALULA HVAT AEE 15-022954 - JoJ 4 FLOO1 *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/30/2015 4:34:56 PM.****CERTIFICATES SERIES 2006-WMC4 (hereinafter referred to as the "Plaintiff'), sues CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON; CARLA P. ANTHONY-WATSON; HONEYPLACE HOMEOWNERS’ ASSOCIATION, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (hereinafter referred to as "Defendant(s)"), and alleges: COUNTI 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 June 9, 2006, CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON executed and delivered a promissory note (the "Note"), and CALVIN J. WATSON AMKIA CALVIN JOSEPH WATSON AND CARLA P. ANTHONY-WATSON executed a mortgage securing payment of the Note (the "Mortgage"). A copy of the Note and the Original Note Certification are attached hereto as Exhibit "A". 4, The Mortgage was recorded on June 14, 2006 in the Official Records, Book 42209 at Page 627 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 WMC MORTGAGE CORP. by virtue of an assignment of mortgage (the "Assignment of Mortgage") recorded on December 18, 2007 in the Official Records Book 44914, at Page 786, of the Public Records of BROWARD County, Florida. A copy of the Assignment of Mortgage is attached hereto as Exhibit "C". 6. The Mortgage was subsequently assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. By virtue of an assignment of mortgage (the "Assignment 15-022954 - Jou FLOO1 aSof Mortgage”) recorded on December 18, 2007 in the Official Records Book 44914, at Page 788, of the Public Records of BROWARD County, Florida. A copy of the Assignment of Mortgage is attached hereto as Exhibit "C". 7. The Mortgage was subsequently assigned to U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-WMC4 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-WMC4 by virtue of an assignment of mortgage (the "Assignment of Mortgage") recorded on March 15, 2010 in the Official Records Book 46941, at Page 1760, of the Public Records of BROWARD County, Florida. A copy of the Assignment of Mortgage is attached hereto as Exhibit "C". 8. The loan was subsequently modified pursuant to the Loan Modification Agreement, which is attached hereto as Exhibit "D". 9. The Plaintiff, directly or through an agent, has possession of the Note, which is either made payable to the Plaintiff or has been duly endorsed. Therefore, the Plaintiff has the right to enforce the Note. 10. 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. ll. The property is now owned by Defendants(s), CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON, and the record legal title to said mortgaged property is now vested in Defendant(s), CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON, if living and if dead, the unknown spouses, heirs, and beneficiaries CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON who hold or holds possession. 15-022954 - JoJ FLOO112. Defendant(s), CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON has defaulted under the Note and Mortgage by failing to pay the January 01, 2013 payment, and all subsequent payments due thereafter. 13. All conditions precedent to filing of this action have been performed or have occurred. 14. The Plaintiff declares the full amount payable under the Note and Mortgage to be due. 15. CALVIN J. WATSON A/K/A CALVIN JOSEPH WATSON, owes the Plaintiff $286,380.08 that is due on principal on the Note and Mortgage, together with interest from December 01, 2012, late charges, all costs of collection (including title search expenses for ascertaining necessary parties to this action), and reasonable attorney’s fees. 16. The Plaintiff is entitled to insurance premiums, taxes, assessments, and any other advances made on behalf of the Defendant(s) along with reasonable attorney's fees and costs as set forth in the Note and Mortgage. 17. The Plaintiff is obligated to pay its attorneys a reasonable fee for their services. 18. Defendant, CARLA P. ANTHONY-WATSON, may claim some right, title, or interest in the property herein sought to be foreclosed by virtue of EXECUTION OF MORTGAGE or some other unknown interest, the exact nature of which is unknown to Plaintiff and not a matter of public record. However, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. 19, Any interest in the property inuring to the Defendant, HONEYPLACE HOMEOWNERS ASSOCIATION, INC., is subordinate and inferior to the lien of Plaintiff's mortgage. including, but not limited to, HOA of the Public Records of Broward County, Florida. 15-022954 - JoJ FLOO120. Any interest in the property inuring to the Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., is subordinate and inferior to the lien of Plaintiff's mortgage, including. but not limited to, ASSIGNMENT OF MORTGAGE recorded December 7, 2007, in Official Record Book 44880 at Page 839, ASSIGNMENT OF MORTGAGE recorded December 7, 2007, in Official Record Book 44880 at Page 837 and MORTGAGE recorded June 14, 2006, in Official Record Book 42209 at Page 651 of the Public Records of Broward County, Florida. 21. Any and all unknown parties claiming by, through, under, and against the herein named individual defendant(s) who are not known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs, devisees, grantees, or other claimants are joined as defendants herein. The claims of said defendants are subordinate, junior, and inferior to the interest of the Plaintiff. WHEREFORE, 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 purs erms 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 15-022954 - JoJ FLOO4liability pursuant to the provisions of the United States Bankruptcy Code 11 U.S.C. section 101, et. seq. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-WMC4 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-WMC4 has the right to foreclose. FLA R. 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 NATIONAL ASSOCIATION AS TRUSTEE FOR MASTR ASSET BACKED SECURITIES TRUST 2006-WMC4 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006- WMC4, by Select Portfolio Servicing, Inc., as attorney-in-fgct ne: Jeff Fox : Title: Document Control Officer Select Portfolig, Servicing, Inc. Date: y 22, Z ols” ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 58a" M. Swartz Facsimile: 561-997-6909 Fl Bar No. 112209 Service Email: mail@rasflaw.com — By: Jonathan Meisels, Esquire ‘Florida Bar No. 29235 Communication Email: j.meisels@rasflaw.com 15-022954 - JoJ FLOO1CERTIFICATION AS TO ORIGINAL PROMISSORY NOTE I, Bill Koch, as Document Control Officer for Select Portfolio Servicing, Inc., under penalty of perjury hereby certify as to the following: 1, Plaintiff is in possession of the original Promissory Note (“Note”) executed by CALVIN J WATSON for 1760 SW 83 TERRACE MIRAMAR FL 33025 2. The Note is physically located at the offices of Select Portfolio Servicing, Inc., currently located at 3815 S. West Temple Salt Lake City, UT 84115. 3. Bill Koch personally verified such possession on DATE 04/27/2015 TIME QA SGRe 4. A true and correct copy of said Note together with any allonges, if applicable, is attached to this certification. Signature Bill Koch Document Control Officer Title EXHIBITthe ONT ature Loan Number: osu ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. JUNE 9, 2006 CORAL SPRINGS FLORIDA (Date) [euyt {Sate} 1760 SW 83 TERRACE, MIRAMAR, FLORIDA 33025 {Peoperty Adaiess| 1. BORROWER'S PROMISE TO PAY In return for a toan that I have received, I promise to pay U.S. $ 220, 000.00 (this amount is called “Principal”), plus interest, to the order of the Lender. The Lender is FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC., A FLORIOA CORPORATION J will make all payments under this Note in the form of cash, check or money order. | understand that the Lender may transfer this Note, The Lender ar anyone who takes this Note by transfer and who is entitled (0 receive payments under this Note is called the "Note Holder.” 2. INTEREST Interest will be charged on unpaid principal uni the full amount of Principal has been paid. I will pay interest al a yearly rate of 8.250%. The interest rate 1 will pay may change in accordance with Section 4 of this Note The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note 3. PAYMENTS (A) Time and Place of Payments | will pay principal and interest by making a payment every month Iwill make my monthly payments on the 1st day of each month beginning on AUGUST 1 ; 2006 . Iwill make these payments every month until I have paid all of the principal and interest and any other charges described below that ] may owe under this Note. Each montltly payment will be applied as of ils scheduled due date and will be applied to Interest before Principal. If, on JULY 1, -2036 1 Tstill owe amounts under this Note, I will pay those amounis in full on that date, which Is called the "Maturity Date," J will make my monthly payments at 1999 N UNIVERSITY DRIVE SUITE 405, CORAL SPRINGS, FLORIDA. 3307) or at a different place if required by the Note Holdes {B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1,652.79 This amount may change. (©) Monthly Payment Changes ‘Changes in my monthly payment will reflect changes ta the unpaid principal of my toan and in the interest rate ‘hat I must pay. The Note Holder will determine my new interest sate and the changer amount of my monthly payment in accordance with Section 4 of this Note. eee cp SL TRT ATER REG ADIUSTARTE ARTE NOTE lawrtumane Feed Bichtagic eras pnts Tas Single Faaly-Fredie Mee MOB IED INSTRUMENT Sin ccm orn Form 3590 {701 Page 1 ot 5 ERS! IQUE YU BULA 9590 ot4. INTEREST RATE AND MONTHLY PAYMENT CHANGES. {A) Change Dates The interest rate I wil pay may change onthe 1st dayof JULY, 2008 on drat day every sixth mouth thereafter. Each date on which my interest rate could change is called a "Change Date (B) The Index . Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S, dollar-denominated deposits in the London market ("LIBOR"). as Published in The Wall Stceet Journal. The most recent Index figure available as of the first business day immediately preceding the month in which the Change Date occurs is called the “Current Index,” If the Index is wo longer available, the Note Holder will choose a new index that is based upon comparable information. ‘The Note Holder will give me notice of this choice (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SI AND 250/1000 percentage points ( 6.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject {o the limits stated in Section 4(D) below, this rounded amount will be my nev interest rate until the next Change Date. yy of the’ month The Nate Holder will then determine the amount of the monthly payment that would be sufficient (o repay the unpaid principal that | am expected to owe at the Change Date in full on the Maturity Date al my new interest rate ‘in substantially equal payments. The result of this calculation 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 11.250 % or fess than * 8.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 090/1000 percentage point ( 1000 %) from the rate of interest I have been paying for the preceding six months, My interest rate will never be greater than 14.750 %. My interest rate will never be less than 8.250%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthty Payment beginning on the first monthly payment date after the Change Date uni the amount of my monthly payraent changes again. {E) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in iny interest rate 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 tie and (elephone number of @ person who will answer any question I may have regatding the notice. 5. BORROWER'S RIGHT TO PREPAY ** See attached Prepayment Note Addendum. Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I makea Prepayment, 1 will (ll the Note Holder in writing that T am doing so T may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. Tmay make a full Prepayment or partial Prepayments without paying any 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 applyiuig my Prepayment (o reduce the Principal amount of the Note, If] make a partial Prepayment, there will be no change the due dates of my monthly payments unless the Note Holder agrees in writing (o those changes. My partial Prepayment may reduce the amount of my monthly payments afier the first Change Date following my partial Prepayment, However, any reduction due to my partial Prepayment may be offsel by an interest rate increase. MULTISTATE7FINED/ADJUSTABLE RATE NOTE (Nonassumoble Fined) Dociagic Gkermm 000 640-1308 ly--Fredidve Mac MODIFIED INSTRUMENT www. docmagic.com 4 Page 2 of § U5) RTUCOUO YG ADRML REO AEB | MOQEGOLY HY A BURNET A OH6. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that th interest or other loan charges collected or to be collecied in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary (o 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 | owe under this Note or by making a direct payment fu me, Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments Ifthe Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge (o 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 1f1 do not pay the full amount of each monthly payment on the date it Is due, I will be in default (©) Notice of Default HT am in default, the Note Holder may send me a written notice telling me that if} do not pay the overdue ‘amount by a certain dale, the Note Holder may require me to pay immediately the full amount of Principal which has ‘not been paid and all the interest that [ owe on that amount. That date must be al least 30 days afler the date on which the notice is mailed (o me or delivered by other means. {D) No Waiver by Note Holder Even if, a atime 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Halder will still have the right to do so if { am in defaull at a later lime, (£) Payment of Note Holder's Costs and Expenses If the Note Holder has requised me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of ts cosis and expenses in enforcing this Note (othe extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that musi be given to me under this Note will be given by delivering itor by mailing it by firs class mail (o me at the Property Addcess above ar ata 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 thls 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 SA) above or at a different address it [ ain given a notice of that different address. 9, 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 (his Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note fs also obligated to do these things. Any person who lakes over these obligations, Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all ofthe 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 (o pay all of the amounts owed under this Note. 10. WAIVERS | and any other person who has obligations under this Note waive the rights of Presentment and Notice of Distionor. “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 (o other persons that amounts de have not been paid. MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) “Docttagic Blown 300.608.7302 Single arity-Freddie Mac MODIFIED INSTRUMENT wun docmagie.cor Form 3890 1/01 Page 3 of 5 ns et NTO TECH GREECE 188 | ERASE LUE11. UNIFORM SECURED NOTE 9 ‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the pra given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrum } dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not kee the promises that [ make in this Note. That Security Instrument describes how and under what conditions [ may BR required to make immediate payment In full of all amounts I owe under this Nate. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. [fall or any part of the Propecty or any Interest in the Property Is sold or transferred (or if Borrower is not a natural peison and a beneficial interest in Borrower is sold or transfesred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall nol exercise this option if: (a) Borrower causes to be submitted to Lender information requited by Lender to evaluate the intended transferee as if a new loan were being made to the ansferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption, Lender may also require the transferee to sign an assumption agreement (hat is acceptable to Lender and that obligates the transferee to Keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing If Lender exercises the option {o require immediate payment in full, Lender shafl give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days fram the date the notice 's given in accordance with Section 15 within which Borrower must pay ali sums secured by this Security Instrument. If Borrower fails to pay these sums prior (o the expiration of this period, Lender may invoke any remedies permitted by (his Security Instrument without further notice or demand on Borrower CEL MULTISTATE IXEDIADJUSTABLE RATE NOTE (Nonassumable Fixed) Docthagic CMe 900.649.1362 Sioa Famiy-Freddie Mac MODIFIED INSTRUMENT www. docmagie. com Page 4 of 5 ul 1359 ot OUUDUU GR CSEEUE GIB HG} GBA aE mthWITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Pensa = (Seal) CALVIN J WATSON Borrower “Borrower (Seal) (Seal) -Borrower Borrower a (Seal) Seal} Borrower -Borrower (Sign Original Only} IMUCTISTATE/FIXEDTADJUSTABLE RATE NOTE (Nonassumabie Fixed) Bocttagic CRT B00549 363 ‘Singie Family--Freadie Mac MODIFIED INSTRUMENT wavw.docmagie.com Form 3590 1/04 Page 5 of 5 UO SRUU TUG ESB YOR ERT QE 1 UTQ PREPAYMENT ADDENDUM TO NOTE QQ ee d= Date: JUNE 9, 2006 Loan Numbe Borrower(s): C. VIN J WATSON ‘THIS PREPAYMENT ADDENDUM TO NOTE (the “Addendum"} is made this. 9th day of JUNE, 2006 . and is incorporated into and shall be deemed to amend and supplement that certain promissory note (the "Note") made by the undersigned ("Borrewer") in favor of FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC., A FLORIDA CORPORATION (Lender’) and dated the same date as this Addendum. Repayment of the Note is secured by a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument”) given by Borrower in favor of Lender and dated the same date as this Addendum. To the extent that (he provistons of this Addendum are inconsistent with the provisions of the Note, the provisions of this Addendum shall supersede the inconsistent provisions of the Note. ADDITIONAL COVENANTS. In addition (o the covenants and agreements made in the Note, Borrower and Lender further covenant and agree as follows: Section 5 of the Note is amended to read in Its entirety as follows: 5. BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE Thave the right to make payments of Principal at any time before they are duc. A payment of Principal only is known as a “Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that J am doing so. I may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. The Note Holder will use my Prepayments (0 reduce the amount of Principal that I owe under the Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment io reduce the Principal amount of the Note, If make a partial Prepayment, there will he no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those chianges. If the Note contains provisions for a variable interest rate, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due {o my partial Prepayment may be offset by an interest rate increase. If this Note provides for a variable interest rate or finance charge, and the interest rate or finance charge al any time exceeds the legal limit under which a Peepaymtent penalty is allowed, then the Note Holder's right to assess a Prepayment penalty will be determined under appllcable law. Ifwithin TWENTY-FOUR ( 24 — } months from the date the Security Instrument is executed i make a full Prepayment or one or more partial Prepayments, and the total of all such Prepayments in any 12-month period exceeds twenty percent (20%) of the original Principal amount of the loan, I will pay a Prepayment charge in an amount equal (0 SIX ( ) ‘months’ advance interest on the amount by which the total of my Prepayments within any 12-month period exceeds twenty percent (20%) of the original Principal amount of the loan. 7 MULTISTATE PREPAYMENT ADDENDUM TO NOTE Dochtegic Cirrnins 000-649-1362 6103 Page 1 of 2 wew.docmagie.com este pe UMLS TORY UUB ERIE VERMA T08 UTE LEIS AQ BY SIGNING BELOW, Borrower accepls and agrees to the terms aud provisions containe: Addendum, od nD ci Ov Borrower CALVIN J WATSON Date Borrower Date Borrower "Date Borrower Date Borrower Date Borrower Date IMULTISTATE PREPAVWENT ADDENDUM TO NOTE Dockhagi Civcais wniaa 1389 6703) Page 2 of 2 www. docmagie.com aan pet SONU TEDNG)(DQSUA TEBE IG)Y VBI ASTER ME WET RIT BELoan Number: ALLONGE TO PROMISSORY NOTE at Without recourse pay to the order of: WMC MORTGAGE CORP. By: AD ge Name: \Jowee, Srotck tis President Company: FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC. 1999 N UNIVERSITY DRIVE SUITE 405 CORAL SPRINGS, FLORIDA 33071 Borrower Name: CALVIN J WATSON Propeny Address: 1760 SW 83 TERRACE, MIRAMAR, FLORIDA 33025 Loan Amount: $220, 000,00 Closing Date: JUNE 9, 2006 GE Lede oi sete) ane Mogae RULGHGE To PROMISSORY NOTE Dochhagic ean toe cr 83 5308903 Srecmasiecons ows mie UQUEUEM AGED! EU | FEB AUBHUORREUYT UUBLL BOE BLeo é Loan Fe ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONSw#LLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE 1 MUST PAY. JUNE 9, 2006 CORAL SPRINGS FLORIDA {Date} [chy] [State] 1760 SW 83 TERRACE, MIRAMAR, FLORIDA 33025 {Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, 1 promise to pay U.S. $ 220, 000.00 (this amount is called "Principat"), plus interest, to the order of the Lender. The Lenderis FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC., A FLORIDA CORPORATION I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid, I will pay interest ata yearly rate of 8.250 %. The interest rate I will pay may change in accordance with Section 4 of this Note. ‘The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(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 payments on the 1st day of each month beginning on AUGUST 1 . 2006 . Iwill make these payments every month until | have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied o interest before Principal. If,on JULY 1, 2036 » Estill owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date." Twill make my monthly payments at 1999 N UNIVERSITY DRIVE SUITE 405, CORAL SPRINGS, FLORIDA 33071 or ata different place if required by the Note Holder. {B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1,652.79 . This : amount may change. - (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note, _ C2 MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) | DocMagic GRarmns 800-649-1362 Single Famity--Freddie Mac MODIFIED INSTRUMENT www. docmagic.com Form 3590 1/01 Page 1 of 5 panne ‘Uss800 00 HUEUUON EAA EUTELM UOT | AERC) MOT: @ @ 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES. (A) Change Dates The interest rate I will pay may change onthe Ist dayof JULY, 2008 » and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The “Index” is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will catculate my new interest rate by adding SIX AND 250/1000 percentage points ( 6.250 %) to the Current Index. The Note - Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject fo the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the 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 calculation will be the new amount of my monthly payment (D) Limits on Interest Rate Changes The interest rate | am required to pay at the first Change Date will not be greater than 11.250 % or less than 8.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percentage point ( 1.000 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 14.750 %. My interest rate will never be less than 8.250%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. | will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (E} Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate 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 (o me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY ** See attached Prepayment Note Addendum. Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment,” When | make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that ] 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 dates of my monthly payments unless the Note Holder agrees In writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date follawing my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. oe a2 MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) DocMagic CForme 800.649.1362 Single Family--Freddie Mac MODIFIED INSTRUMENT www.docmagic.com Form 3590 1/01 Page 2 of § 590 ot TUUVUE EUR BERT AOREU BYRD A6. LOAN CHARGES Ifa law, which applies to this Joan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: {a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (6) 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 ] owe under this Note or by making a direct payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If | do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If 1am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. ({D) No Waiver by Note Holder Even if, at a time 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 ] am in default at a later time, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me (o pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail (o 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 (he Note Holder at the address stated in Section 3(A) above or at a different address it I am given a notice of that different address. 9. 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. 10. WAIVERS : } 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 (o demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice fo other persons that amounts due have not been paid. _ Cal (MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) DocMagic GFeamas 200-649-1362 Single Family--Freddie Mac MODIFIED INSTRUMENT www.docmagic.com Form 3590 1/01 Page 3 of § 1.590 et A700 ERussss0.net @ ¢ 41. UNIFORM SECURED NOTE ‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if ] do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property ‘or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to (he loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option (o require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior (o the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ah MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) DocMagic CRammns 500.649.1367 Single Family--Freddie Mac MODIFIED INSTRUMENT www.docmagic.com Form 3590 1/01 Page 4 of § AUBUUDU CEA AU EAE UUEL 1 UVF ANEWITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED (Seal) CALVIN J WATSON “Borrower “Borrower (Seal) (Seal) -Borrower -Borrower (Seal) Seal)! -Borrower -Bortower [Sign Original Only] MULTISTATE/FIXED/ADJUSTABLE RATE NOTE (Nonassumable Fixed) DocMagle CRarinm 900-649-1362 Single Family.-Freddie Mac MODIFIED INSTRUMENT www, doemagic.com Form 3590 1/01 Page 5 of § asen se WOTARUOEUESVORC GOB AY REL YY 1) RETRO aUspato.onf PREPAYMENT ADDENDUM TO NOTE Loan Number i Date: JUNE 9, 2006 Borrower(s): CALVIN J WATSON THIS PREPAYMENT ADDENDUM TO NOTE (the “Addendum") is made this 9th day of JUNE, 2006 . and is incorporated into and shall be deemed to amend and supplement that certain promissory note (the "Note") made by the undersigned ("Borrower") in favor of FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC., A FLORIDA CORPORATION ("Lender") and dated the same date as this Addendum. Repayment of the Note is secured by a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") given by Borrower in favor of Lender and dated the same date as this Addendum, To the extent that the provisions of this Addendum are inconsistent with the provisions of the Note, the provisions of this Addendum shall supersede the inconsistent provisions of the Note ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Note, Borrower and Lender further covenant and agree as follows: Section 5 of the Note is amended to read in its entirety as follows: 5 . BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, | will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. The Note Holder will use my Prepayments to reduce the amount of Principal that 1 owe. under the Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on at 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 dates of my monthly payment unless the Note Halder agrees in writing to (hose changes. If the Note contains provisions for a variable interest rate, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due (o my partial Prepayment may be offset by an interest rate increase. If this Note provides for a variable interest rate or finance charge, and the interest rate or finance charge at any time exceeds the fegai limit under which a Prepayment penalty is allowed, then the Note Holder's right to assess a Prepayment penalty will be determined under applicable law. If within TWENTY-FOUR ( 24 _ ) months from the date the Security Instrument is executed I make a full Prepayment or one or more partial Prepayments, and the total of all such Prepayments in any 12-month period exceeds twenty percent (20%) of the originak Principal amount of the loan, I will pay a Prepayment charge in an amount equalto SIX ( 6 ) months" advance interest on (he amount by which the total of my Prepayments within any }2-month period exceeds twenly percent (20%) of the original Principal amount of the loan. ie Prepay ohS MULTISTATE PREPAYMENT ADOENDUM TO NOTE DocMagic ara 200 60.1908 6/03 Page 1 of 2 ‘www. docmagic.com UUUUTTUAELEMTGLA VODICE IUspain.ppt @ BY SIGNING BELOW, Borrower accepts and agrees to the Addendum. @ terms and provisions contained in this aL aw sil. u\cr\ov Borrower CALVIN J WATSON Date Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date MULTISTATE PREPAYMENT ADDENDUM TO NOTE, 6/03 Page 2 of 2 DocMagic Parnes 800.649.1362 wwrw.docmagic.com UUEEEUYRVTRBBYY VERVE UOT AVP TU UTNE IL ae e ALLONGE TO PROMISSORY NOTE Without recourse pay to the order of: WMC MORTGAGE CORP. By: 0 Be Name:\jowedn Sook twe: President Company: FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC. 1999 N UNIVERSITY DRIVE SUITE 405 CORAL SPRINGS, FLORIDA 33071 Borrower Name: CALVIN J WATSON Property Address: 1760 SW @3 TERRACE, MIRAMAR, FLORIDA 33025 Loan Amount: § 220,000.00 Closing Date: JUNE 9, 2006 RLLONGE TO PROWISSORY NOTE 7 ‘Dochagic Crus 600.643 1962 oai05/03 www-docmegie.com EULA UAV AENEHDI ON VUIOAEE CUTER LYREFI3010. mig c ~ 7 : be be # 106160594 R BK 42209 Pi: ~ This Instrument Prepared By: RECORDED 06/1406 07.24°50. ; BROWARD COUNTY COMMISSION DOC STMP-M: $770.00 INT TAX: 1 $440.00 DEPUTY CLERK 2130 #2, 24 Pages After Recording Return To: FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC. N 1999 N UNIVERSITY DRIVE SUITE CORAL SPRINGS, FLORIDA 322971 Loan Number: WATSON 1 — Record and Return to: Citizens Title 210 N University Drive, #301 Coral Springs, FL 33071 MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) “Security Instrument" means this document, which is dated JUNE 9, 2006 , together with all Riders to this document. {B) "Borrower"is CALVIN J WATSON AND CARLA P ANTHONY-WATSON, HUSBAND AND WIFE Borrower is the mor(gagor under this Security Instrument. (©) “Lender” is FIRST FEDERATED FUNDING CORP. OF SOUTH FLORIDA INC. Lender isa FLORIDA CORPORATION organized and existing under the laws of FLORIDA . Lender's addressis 1999 N UNIVERSITY DRIVE SUITE 405, CORAL SPRINGS, FLORIDA 33071 Lender is the mortgagee under this Security Instrument. (D) “Note” means the promissory note signed by Borrower and dated JUNE 9, 2006 The Note states that Borrower owes Lender TWO HUNDRED TWENTY THOUSAND AND 00/100 Dollars (U.S.$ 220,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 1, 2036 . (E) “Property” means the property that is described below under the heading “Transfer of Rights in the Property." (F) “Loan means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. FLORIDA--Single Family--Fannie Mae/Freddie Mac ‘UNIFORM INSTRUMENT DocMagic EF arms 800-649-1362 Form 3010 1/01 Page 1 of 15 ‘www.docmagic.com CU EXHIBIT AVDUUUFOETAYVEQHUNY VU OMOEA THR WT(G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: {R) Adjustable Rate Rider 2 Balloon Rider 1-4 Family Rider (Cl Condominium Rider Planned Unil Development Rider Biweekly Payment Rider Second Home Rider Other(s) [specify] PREPAYMENT .RIDER TO SECURITY INST HOO (H) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (i) “Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers (K) "Escrow Items” means those items that are described in Section 3. (L) "Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;