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Case Number: CACE-15-013633 Division: 11
Filing # 30308410 E-Filed 07/30/2015 04:32:27 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO:
BANK OF AMERICA, N.A.,
Plaintiff,
vs.
RUTH JOSEPH A/K/A JOSEPH RUTH; UNKNOWN
: SPOUSE OF RUTH JOSEPH A/K/A JOSEPH RUTH;
i HOUSING FINANCE AUTHORITY OF LEE
COUNTY, FLORIDA; STATE OF FLORIDA,
BROWARD COUNTY; BOARD OF COUNTY
COMMISSIONERS OF BROWARD COUNTY,
FLORIDA; UNKNOWN TENANT #1; UNKNOWN,
TENANT #2,
Defendant(s).
VERIFIED COMPLAINT TO FORECLOSE MORTGAGE
i Plaintiff, BANK OF AMERICA, N.A., sues the above named Defendant(s) and alleges:
COUNT I - MORTGAGE FORECLOSURE
1, THIS IS AN ACTION to foreclose a Mortgage on real property located and situated in BROWARD
County, Florida.
2. On or about July 20, 2011, RUTH JOSEPH A/K/A JOSEPH RUTH, A SINGLE WOMAN, executed
and delivered a Promissory Note and a Mortgage securing payment of the Note.
3. The Mortgage was recorded on August 3, 2011 in Official Records Book 48086 at Page 1835, of the
, Public Records of BROWARD County, Florida, and mortgaged the property described therein, then owned
by and in possession of the Mortgagor(s). Copies of the Note and Mortgage are attached hereto and
incorporated herein as Exhibit "A" and "B" respectively.
4, Plaintiff is the holder of the Note.
5. Plaintiff, in accordance with Florida Statutes, §702.015(4), is in possession of the original Note. A
copy of the Certification of Note Possession is attached hereto and incorporated herein as Exhibit "C".
6. The Plaintiff's Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien
or interest of the Defendant(s) named herein or any person claiming by, through or under said Defendant(s)
since the institution of this action.
7. Defendant(s), RUTH JOSEPH A/K/A JOSEPH RUTH, A SINGLE WOMAN, own(s) the property.
04-076810-FOO
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN. CLERK 7/30/2015 4:32:24 PM.****8. There has been a default under the terms of the Note and Mortgage in that the January 1, 2015
payment due and all subsequent payments have not been made.
9. All conditions precedent to the acceleration of this Note and Mortgage and to the filing of this action
have been fulfilled.
10. The Plaintiff declares the full amount payable under the Note and Mortgage to be due.
11. There is now due and owing to the Plaintiff as of the date of filing this action the unpaid principal
balance of $135,793.59, together with interest and all sums that may be due for taxes, insurance, escrow
advances, and expenses and costs of this action including but not limited to filing fees, recording fees, title
search and examination fees, fees do for service of process and such other costs as may be allowed by the
Court,
12, Plaintiff is obligated to pay its attorney a reasonable fee for their services and seeks an award of
attorney's fees.
13. The Defendant(s), HOUSING FINANCE AUTHORITY OF LEE COUNTY, FLORIDA, may claim
some interest in or lien upon the subject property by virtue of a mortgage recorded in Official Records Book
48086 at Page 1846 of the Public Records of BROWARD COUNTY, Florida. Said interest, if any, is subject,
subordinate, and inferior to the lien of Plaintiff's Mortgage.
14, The Defendant(s), STATE OF FLORIDA, BROWARD COUNTY, may claim some interest in or
lien upon the subject property by virtue of a Circuit Court Disposition Order in and for Broward County,
Florida recorded in Official Records Book 51087 at Page 1358 of the Public Records of BROWARD
COUNTY, Florida. Said interest, if any, is subject, subordinate, and inferior to the lien of Plaintiffs
Mortgage.
15, The Defendant(s), BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY,
FLORIDA, may claim some interest in or lien upon the subject property by virtue of a Circuit Court
Disposition Order in and for Broward County, Florida recorded in Official Records Book 51087 at Page 1358
of Public Records of BROWARD COUNTY, Florida. Said interest, if any, is subject, subordinate, and
inferior to the lien of Plaintiff's Mortgage.
16. The Defendant, Unknown Spouse of RUTH JOSEPH A/K/A JOSEPH RUTH, may claim some
interest in the subject property by virtue of a possible homestead interest, ifany, and all other rights, claims,
liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property.
Said interest is subject, subordinate and inferior to the lien of the Plaintiff's Mortgage.
17. Defendant(s), Unknown Tenant #1 and Unknown Tenant #2, may claim an interest or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or mere
possession only, however, any such claim or demand is inferior to the lien of Plaintiff's Mortgage.
04-076810-F0018. Defendant(s), RUTH JOSEPH A/K/A JOSEPH RUTH, as maker(s) of the Note, may be held
personally liable for a deficiency, if any, unless Defendant(s) has/have been discharged in bankruptcy in
which event no deficiency is or will be sought.
WHEREFORE, Plaintiff prays as follows:
i a. That this Court will take jurisdiction of this cause, the subject matter and the parties
hereto.
b. That this Court ascertain and determine the sums of money due and payable to the
Plaintiff from the Defendant(s), including without limitation principal, interest, advances,
attorney fees, and costs pursuant to the loan documents.
G That the sum of money found to be due as aforesaid be decreed by this Court to be a lien.
upon the lands described in Plaintiff's Mortgage.
4. That such lien be foreclosed in accordance with the rules and established practice of this
Court, and upon failure of the Defendant(s) to pay the amount of money found to be due by them
to the Plaintiff, the said land be sold to satisfy said lien.
e. That this Court decree that the lien of the Plaintiff is superior to any and all right, title
or interest of the Defendants herein or any person or parties claiming by, through or under them
since the institution of this suit.
f. That all right, title or interest of the Defendants or any person claiming by, through or 1
| under them be forever barred and foreclosed.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
04-076810-F00g& That this Court grants general relief in this cause as in its discretion might be just and
proper including, but not limited to, a deficiency judgment, if the proceeds of the sale are
| insufficient to pay Plaintiffs claim. HOWEVER, IN THE EVENT THAT THE
DEFENDANT(S) HAS/HAVE FILED A PETITION FOR RELIEF IN THE UNITED
STATES BANKRUPTCY COURT, OR HAS/HAVE RECEIVED A DISCHARGE FROM
A UNITED STATES BANKRUPTCY COURT, PLAINTIFF DOES NOT SEEK A
DEFICIENCY JUDGMENT OR OTHER CLAIM FOR PAYMENT OF MONEY OWED
UNDER THE SUBJECT NOTE AND MORTGAGE FROM SAID DEFENDANT(S)
SHOULD THE PROCEEDS OF THE SALE BE INSUFFICIENT TO PAY PLAINTIFF'S
CLAIM. SAID DEFENDANT(S) IS/ARE JOINED IN THIS COMPLAINT SOLELY TO
FORECLOSE ANY INTEREST THE DEFENDANT(S) MAY HAVE IN THE REAL
PROPERTY SECURED BY THE MORTGAGE ATTACHED TO THIS COMPLAINT.
FLA.R.CIV.P.1.110(b) VERIFICATION OF COMPLAINT
Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged therein are true
and correct to the best of my knowledge and belief.
: Date: Toads 22 L315 ;
| By: _¢ ZZ eae 7
Printed Name: DASon Lee. Toren |
| Title: ssishant Vice President
BANK OF AMERICA, N.A.
* Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's Counsel hereby designates its primary
email address for the purposes of email service as: fleservice@flwlaw.com*
- Ds fila,, Esq.
ao — :L LAMBERT WEISS WEISMAN & GORDON, LLP
oe One East Broward Blyd., Suite 1430
Oe Fort Lauderdale, Florida 33301
oo FL Bar #: 106892
Tel: (954) 522-3233 | Fax: (954) 200-7770
04-076810-FOOONec East Browaro Bivo., Suite 1430
FRENKEL §@NWi-)3,45 Fr. Lauoerpace, FL 33301
Teu: (954) 522-3233
FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP Fac (954) 200-7770
ANTONIO A. GAULA,, ESQ.
ATTORNEY
Date: July 29, 2015
RE:
ws
NOTICE REQUIRED BY THE FAIR DEBT COLLECTIONS PRACTICES ACT
15 U.SC. SECTION 1692, AS AMENDED
Property Address: 2900 Island Drive Miramar, FL 33023
Owner: RUTH JOSEPH, A SINGLE WOMAN
Mortgagor: RUTH JOSEPH, A SINGLE WOMAN
Our File No: 04-076810-F00
Loan #: 235739632
The Plaintiff, BANK OF AMERICA, N.A., is the creditor to whom the debt is owed by that/those
individual(s) who is/are obligated under the promissory note and mortgage.
The debtor(s) may dispute the validity of this debt, or any portion thereof, within thirty (30) days
of receipt of this Notice. If the debtor fails to dispute the debt within thirty (30) days, the debt
will be assumed valid by the debt collector.
If the debtor notifies the creditor's law firm in writing within thirty (30) days of receipt of this
notice that the debt, or any portion thereof, is disputed, the creditor's law firm will obtain
verification of the debt, or a copy of a judgment and a copy of the verification will be mailed to
the debtor by the creditor's law firm. Collection efforts resulting in additional attorney fees and
costs, however, will continue during this thirty (30) day period until this office receives the
written request for verification.
If the creditor named herein is not the original creditor, and if the debtor makes a written request
to the creditor's law firm within 30 days of receipt of this Notice, the name and address of the
original creditor will be mailed to the debtor by the creditor's law firm. Collection efforts
resulting in additional attorney fees and costs however, will continue during this thirty (30) day
period until this office receives the written request for the name and address of the original
creditor.
As of the date affixed to the Complaint filed herein, the amount of the debt is stated in the
attached Complaint attached hereto. Because of interest, late charges and other charges that may
vary from day to day, the amount due on the day you pay may be greater. Therefore, if you pay
the above-referenced amount, an adjustment may be necessary after we receive your certified
funds. Should that be the case, we will advise you before depositing your certified funds for
collection. For further information, please call (954) 522-3233.
04-0768 10-F0O.6. Written requests pursuant to this Notice should be addressed to:
FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP
lEast Broward Blvd.. Suite 1430
Fort Lauderdale, FL 33301
7. This communication is for the purpose of collecting a debt, and any information obtained from
the debtor will be used for that purpose.
8. Even though you are required to file a response to the lawsuit within twenty (20) days, your
validation rights, as set forth in this Notice, shall not expire for thirty (30) days.
53 Gibson Street « Bay Shore NY 11706 © Tel: (631) 969-3100
One Whitehall Street, 20th FL © New York, NY 10004 © Tel: (212) 344-3100
80 Main Street, Suite 460 « West Orange, NJ 07052 © Tel: (973) 325-8800
www. flwlaw.com
04-0768 10-F0O.EXHIBIT “A”pepo oF « s
2900 ISLAND DRIVE, MIRAMAR, FL 33023
[Propecty Address]
1. PARTIES
“Borrower” means cach person signing at the end of this Note, and the person's successors and assigns. “Lender” mcans
BANK OF AMERICA, N
and its successors and assigns
2, BORROWER'S PROMISE TO PAY; INTEREST
__ In retum for a loan received from Lender, Borrower promises to pay the principal sum of
O SDRED FORTY FOUR THOUSAND THO HUNDRED FORTY RIGHT and 00/100
Dollars (U.S. $144, 246.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from ue diate
of disbursement of the loan proceeds by Lender, at the rate of FOUR & 30/100 percent (1.300 %) per yes
natil the full amount of principal has been paid.
PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrament that is dated the same date as
this Note and called the "Security Instrument." The Security Instrument protects the Leader from losses which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on
PTEMBER 1ST, 2011. Any principal and interest remaining on the first day of AUGUST, 2041 Will be due om that
date, which is called the "Maturity Date."
(B) Place
Payment shall be made at
P.O. Box 650070, Dallas, TX 75265-0070
‘of at such place as Lender may designate in writing by notice to Borrower,
«C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $713.84 This amount will be
part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items yn the
order described in the Security Instrument.
(D) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the
allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge wero a part of this
Note. {Check applicable box]
(F Graduated Payment Allonge [] Growing Equity Allonge 1 other tspecity)
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of
any month, Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the
remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial
prepayment, there will be no changes in the due date or in the ammount of the monthly payment unless Lender agrces in writing (0 Use
changes.
6, BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4¢C) of
this Note, by the end of fiftcen calendar days after the payment is due, Lender may collect a late charge in the anount of
FOUR percent (4.000 %) of the overdue amount of each payment
(8) Default
if Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of
the Secretary in the case of payment defavits, require immediate payment in full of the principal balance remaining dae and sll
accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subscqucni default, Te
many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of
payment defaults, This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note,
"Secretary" means the Secretary of Housing and Urban Development or his or her designee.
F Fixed Rate Note-FL
2OO1F-FL (O307)(di) Page tof 2 FHA Florida Fixed Rate Noto - 10/95 Amondad 10/98ee — |
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable faw.
Such fees and costs shall bear interest from the date of disbursement at the sare rate as the principal of this Note
7. WAIVERS
Borrower 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 Lender to demand payment of amounts duc. “Notice of dishonor” means the right w require
Lender to give notice to other persons that amounts duc have not been paid.
8, GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by
delivering it or by mailing it by first class mail to Borrower at the property address above or at a different aditress if Borrower
given Lender a notice of Borrower's different addsess.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) or at a different address if Borrower is given a notice of thal 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 Uhis
Note, including the promise to pay the full amount owed. Any person who is @ guarantor, surety or endorser of this Note i
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surcty or endorser
Of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against cach
person individually or against all signatories together, Any one person signing this Note may be required 1 pay all of the amounts
owed under this Note,
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
I)
“Borrower
(Seal)
~Borrower
(Seal)
Rorrower
(Sealy
Borrower
[Sign Original Only!
rns OL ite
eat Cin
F Fixad Rate Note-FL
20018-FL (03/07) Page? of 2 FHA Florida Fixed Rate Note - 10/9 Amended 10/98,PAY TO THE ORDER OF
WITHOUT RECOURSE
BANK OF AMERICA, NA.
BY RECONTRUST COMPANY, N.A.
ASA INEY-IN-FACT
BY.
LAURIE MEDER
svPEXHIBIT “B”CFN # 110190928, OR BK 48086 Page 1835, Page 1 of 11, Recorded 08/03/2011 at
01:59 PM, Broward County Commission, Deputy Clerk 3505
L
After Recording Return To:
BANK OF AMERICA, N.A.
ReconTrust Co, /TX2-979-01-07
P.0,. Box 619003
Dallas, TX 75261-9003
This document was prepared by:
NANCY [,. TRVING
5405 CYPRESS CTR DRIVE #100
TAMPA
PL 33609
ISpace Above This Line For Recording Data] =
State of Florida MORTGAGE
THIS MORTGAGE (‘Security Instrument’) is givenon JULY 20, 2911 The Morigagor is
RUTH JOSEPH, A SINGLE WOMAN
whose address is,
1120 NW 102ND STREET, MIAMI, FL 33150
(‘Borrower’). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. (“MERS"). (solely as.
nominee for Lender, as hereinafter defined, and Lender's successors and assigns). as mortgagee. MERS is organized and
existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026. Flint. MI 48501 2026.
tel. (888) 679-MERS.
BANK OF AMERICA, N.A
("Lender") is organized and existing under the laws of THE UNTTED STAT:
101 South Tryon Street, Charlotte, NC 28255
Borrower owes Lender the principal sum of
ONE HUNDRED FORTY FOUR THOUSAND TWO HUNDR:
and has an address of
FORTY EIGHT and 00/10¢
Dollars (US. $ 144,248.00 ). This debt is evidenced by Borrower's note dated the same date as this Security
MERS FHA Mortgage-FL
TOEFL (O9!TOVCA/) Page 1 of
"23991"CFN # 110190928, OR BK 48086 PG 1836, Page 2 of 11
Instrument ( . which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
AUGUST 01, 2041 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced
by the Note, with inferest, and all renewals, extensions and modifications of the Note; (b) the payment of all other
sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the
performance of Borrower's covenants and agreements under this Security Instrument and the Note. Kor this purpose
Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors
and assigns} and to the successors and assigns of MERS, the following described praperty located in
BROWARD County, Florida:
THIS MORTGAGE IS EXEMPT FROM DOCUMENTARY STAMP TAX 201.08 F
NONRECURRING INTANGIBLE TAX UNDER 199, F.S. PER 159.622 Fi
35, Block 84, of MIRAMAR SECTION 11, according to
Plat Book 51, Page(s) 47, of the Public Records of BROWARD County,
hereof as recordea i
Parcel ID Number; 524227-05-0700
which has the address of 2800 TSLAN
[Sireet, City]
Florida 33023 (“Property Address"):
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and
Fixtures now of hereafter a part of the property. All replacements and additions shall also be covered hy this Security
Instrument. Ail of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and
agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, hut. if necessary
to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns). has the right. to
exercise any or all of those interests, including. but not limited to. the right to foreclose and sell the Property: and to take
any action equired of Lender including, but not limited to, releasing or canceling this Security tastrument
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1, Payment of Principal, Interest and Late Charge. Borrower shall pay when due the privcipal of, and interest an.
the debt evidenced by the Note and late charges due under the Note.
MERS FHA Morgage-FL
1004M.FL (09/10), Page 2019
nCFN # 110190928, OR BK 48086 PG 1837, Page 3 of 11
ass: iy B
2
hz
Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment
together with the principal and interest as set forth in the Note and any tate charges. a sus for (a) taxes and special
assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and
(©) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mor
insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such
premium would have been required if Lender stil held the Security Instrument, each monthly payment shall also
include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a
monthly charge instead of a morigage insurance premium if this Security Instrument is held by the Secretary. in a
reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items
are called "Escrow Items” and the sums paid to Lender are called "Escrow Funds.”
Lender may. at any time, collect and hold amounts for Escrow Items in an aggregate amount not ta exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. Section 2601 er seq and implementing regulations, 24 CFR Part 3500, as thoy may be
amended from time to ime ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated:
disbursements or disbursements before the Borrower's payments are available in the account may not he based on
amounts due for the mortgage insurance premium
If the amounts held by Lender for Escrow lems exceed the amounts permitted 10 be held by RESPA. Lender shall
account to Barrower for the excess Funds as required by RESPA. If the amounts of funds held by Leader at any time
are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make
up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument
If Borrower tenders to Lender the full payment of ail such sums, Borrower's account shall be credited with the
balance remaining for all instaliment items (a), (b), and (c) and any mortgage insurance premium installment that
Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to
Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account
shall be credited with any balance remaining for all installments for items (a), (b), and (c)
Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
First, to the mortgage insurance premium to be paid by Lender to the Sectetary ot to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and ite. flood and other hazard
insurance premiums, as required:
‘Third, to interest due under the Note
Fourth, to amortization of the principal of the Note: and
Fifth, to late charges due under the Note.
Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property. whether now
in existence or subsequently erected. against any hazards, casualties, and contingencies. including fire. for whicl
Lender requires insurance. This insurance shail be maintained in the amounts and for the periods that Lender
requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently
erected. against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include toss
payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make
payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. Ail ar any part of the
MERS FHA Mongage-FL.
10040. FL (09110), Page 3 of 9CFN # 110190928, OR BK 48086 PG 1838, Page 4 of 11
insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under
the Note and this Security Instrument, first 10 any delinquent amounts applied in the order in paragraph 3. and
then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of
the proceeds (0 the principal shall not extend or postpone the due date of the monthly payments which are
referred (o in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an
amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid 10
the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the
indebtedness. all right, tile and interest of Borrower in and to insurance policies in force shall pass to the purchaser
5. Occupancy, Preservation, Maintenance and Protection of the Property: Borrower's Loan Application:
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy. unless Lender determines that requirement will cause undue hardship for Borrower, or unless
extenuating circumstances exist which are beyond Borrower's contral. Borrower shall notify Lender of any
extenuating circumstances. Borrower shall tot commit waste or destroy. damage or substantially change the
Property of allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if
the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and
preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loa
application process, gave materially false or inaccurate information or statements to Lender (or faited to provide
Lender with any material information) in connection with the loan evidenced by the Note, including, ut aot limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security
Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, If Borrower acquires fee tithe
to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing
6. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection with any
condemnation or other taking of any part of the Property. or for conveyance in place of condemnation, are hereby
assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under
the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under
the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3.
and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpane
the due date of the monthly payments, which are referred to in paragraph 2, or change the arwount of sich payments.
Any excess proceeds over an amount required (o pay all outstanding indebtedness under the Note and this Security
Instrument shall be paid to the entity legally entitled thereto
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all goverumental
or municipal charges. fines and impositions that are not inchided in paragraph 2, Borrower shall pav these
obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affer
Lender's interest in the Property. upon Lender's request Borrower shail promptly furnish to Lender receipts
evidencing these payments,
{f Borrower fails to make these payments or the payments required by paragraph 2, or fails 10 perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may si
affect Lender's rights in the Property (such as @ proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's,
rights in the Property, including payment of taxes, hazard insurance and other items meutioned in paragraph 2
MERS FHA Mongage-FL
1004M-FL (09/30) Page 4 of 9
x
5s:CFN # 110190928, OR BK 48086 PG 1839, Page 5 of 11
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and he secured
by this Security Instrument, These amounts shall beac interest from the date of dishursement, at the Note rate. and at
the option of Lender, shall be immediately due and payable
Borrower shall promptly discharge any lien which has priority over this Security Instrumeat unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender: (b) contests
in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's
opinion operate to prevent the enforcement of the lien; ot (c) secures from the holder of the lien an agreement
satisfactory t0 Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the
Property is subject to a lien which may attain priority over this Security Instrument, Londer may give Borrower a
notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within
10 days of the giving of notice
8. Fees. Lender may collect fees and charges authorized by the Secretary
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults,
require immediate payment in full of all sums secured by this Security Instrument if:
() Borrower defaults by failing to pay in full any monthly payment requited by this Security Instrument
prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained
in this Security Instrument
Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341 (4) of the
Gam-St. Germain Depository Institations Act of 1982, 12 U.S.C. 1701j-3id)) and with the prior approval of the
Secretary. require immediate payment in full of all sums secured by this Security Instrument it
(All or part of the Property. or a beneficial interest in a trust owning all or part of the Property. iy sold or
otherwise transferred (other than by devise or descent). and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence. oF the
purchaser or grantee does so occupy the Property but his or her credit has not bees approved in
accordance with the requirements of the Secretary
(&) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but
Lender does not require such payments, Lender does nat waive its rights with respect to subsequent events
cc)
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid
This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the
Secretary
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to
be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender nay. at
its option. require immediate payment in full of ail sums secured by this Security Instrument, A written
statement of any authorized agent of the Secretary dated subsequent 10 60 days from the date hereof, declining
to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility
Notwithstanding the foregoing. this option may not be exercised hy Lender when the unavailability of
insurance is solely due to Lender's failure to remit a mortgage insurance premium (o the Secretary
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in fl because of
Borrower's failure to pay an amount due under the Note or this Security Instrument, This right applies even after
foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all
amounts required 10 bring Borrower's account current including, to the extent they are obligations of Borrower under
this Security Instrument, foreclosure costs and reasonable and customary attorneys’ fees and expenses. properly
associated with the foreclosure proceeding. Upon reinstatement by Borrower. this Security Instrument and the
MERS FHA Mortgage Ft.
004M (08/10) Page 5 of
Yo:CFN # 110190928, OR BK 48086 PG 1840, Page 6 of 11
obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However.
Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of
foreclosure proceedings within two years immediately preceding the commencement of # current foreclosure
proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future. or (ii) ceinstatement will
adversely affect the priority of the lien created by this Security Instrument.
Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any succesvor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successar iu
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy
Successors and Assigns Bound; Joint and Several Liability: Co-Signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several, Any Borrower who
Co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument, (b}
is not personally obligated to pay the sums secured by this Security Instrument; and (€) agrees that Lender and aay
other Borrower may agree to extend, modify, forbear or make any accommodations with regard te the terms of this
Security Instrument or the Note without that Borrower's consent
Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. “The notice shall be directed to
the Property Address or any other address Borrower designates by notice to Lender. Any notice io Lender stall be
given by first class mail (0 Lender's address stated herein or any address Lender designates by notice to Borrower.
Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when
given as provided in this paragraph.
Governing Law; Severability. This Security Instrument shall be govemed by Federal law and the faw of the
jurisdiction in which the Property {s located. In the event that any provision or clause of this Security Instrument or
the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or
the Note which can be given effect without the conflicting provision. To this end the provisions of this Secuntty
Instrument and the Note are declared to be severable.
Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument
Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage. or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else 10 do, anything affecting
the Property that is in violation of any Environmental Law. The preceding two sentences shall riot apply to the
presence, use, of storage on the Property of small quantities of Hazardous Substances that are generally recognized
{to be appropriate to normal residential uses and (o maintenance of the Property
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action bv
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance ot
Environmental Law of which Borrower has actual knowledge. If Borrower learns. or is notified by any
governmental or regulatory authority, that any removal of other remediation of any Hazardous Substances affecting,
the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.
MERS FHA Mongage-FL
1004M-FL (09/10) Page 6 af 9
raCFN # 110190928, OR BK 48086 PG 1841, Page 7 of 11
As used in this paragraph 16, “Hazardous Substances” are those substances defined as toxic or hazardous substances,
by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and
fadioactive materials. As used in this paragraph 16, “Environmental Law means federal laws and laws of the
Jurisdiction where the Property is located that relate to health, safety o environmental protection.
NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows
Assignment of Rents. To the extent permitted by applicable law. Borrower unconditionally assigns and transfers 10
Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents
and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However.
prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument
Borrower shall collect and receive all rents and revenues of the Property as trustee For the benefit of Lender and
Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security
only
If Lender gives notice of breach to Borrower: {a} all rents received by Borrower shall be held by Borrower ay
trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument: (b) Lender shall he
entitled to collect and receive all of the rents of the Property: and (e) each tenant of the Property shall pay all rents
due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant
Borrower has not executed any prior assignment of the rents and has niot and will not perform any art that would
prevent Lender from exercising its rights under this paragraph 17
Lender shall not be required to enter upon, take control of or maintain the Property before or afier giving notice of
breach to Borrower. However, Lender of a judicially appointed receiver may do so at any time there is a breach.
Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Feeder. This
assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in Full
Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies in this paragraph 18, including, but not limited to, reasonable attorneys’
fees and costs of title evidence.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires
immediate payment in full under Parageaph 9, the Secretary may invoke the nonjudicial power of sale
provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3781 e¢ seq) by
requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the
Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights,
otherwise available to a Lender under this Paragraph 18 or applicable law.
Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security
Instrument without charge 10 Borrower. Borrower shall pay any recordation costs
Attorneys’ Fees. As used in this Security Instrument and the Note. “attorneys’ fees” shall include any attumeys
fees awarded by an appellate court
MERS FHA Mongage-FL
TOOsM-FL (09710) Page 7019CFN # 110190928, OR BK 48086 PG 1842, Page 8 of 11
21. Riders to this Security Instrument. If one ot more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument
[Check applicable box(es)
(] Condominium Rider CO Growing Equity Rider [4] Other [specify
(1) Planned Unit Development Rider [_] Graduated Payment Rider TAX EXEMPT RID
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrement and in any
rider(s) executed by Borrower and recorded with i
Witnesses:
(Seal)
Borrower
Qebarge C, Cut, aa Sosa (Seat
Borrower
(Seal)
Borrower
(Seal)
Borrower
MERS FHA Mortgage-FL
1OO4M-FL (09110), Page 8 of 9CFN # 110190928, OR BK 48086 PG 1843, Page 9 of 11
STATE OF FLORIDA, County ss; BLOWALD
The foregoing instrument was acknowledged before me this 20™ Day of Jury
Ruth Joseeu
a Notary Pubic State ot F1
AAG cates Ste ot rae
we
Notary Public
My Commnason 60986039
Expres osio3ico%e
MERS FHA Morigage-FL
1004M-FL (09/10) Page 9019
byCFN # 110190928,
OR BK
48086 PG 1844, Page 10 of 11
EXHIBIT E-1
TAX-EXEMPT FINANCING RIDER
(MUST BE ATTACHED TO ALL MORTGAGLS]
THIS TAX-EXEMPT FINANCING RIDER is made this 20th day of uly
2011__, and is incorporated into and shall be deemed to amend and supplement the Morigaye,
Deed of Trust or Security Deed ("Security Instrument") of the same date given by the
undersigned (""Mortgagor") to secure Mortgagor's Note ("Note") to Sank of America. NA
Tender")
of the same date and covering the Property described in the Security Instrument and located at
2900 Island Drive, Miramar, FL 33023
(Property Address)
In addition to the covenants and agreements made in the Security Instrument, Mortgagor
and Lender further covenant and agree as follows:
Lender, or such of its successors or assigns as may by separate instrument a
sume
responsibility for assuring compliance by the Mortgagor with the provisions of this ‘Tax-lixcmpt
Financing Rider, may require immediate payment in full of all sums secured by this $
(nstrument if:
(2)
All or part of the Property is sold or otherwise ttansferred (other than by devise,
descent or operation of law) by Mortgagor to a purchaser or other transferce
a)
Gi)
Who cannot reasonably be expected to occupy the Property as a principal
residence within a reasonable time after the sale or transfer, all as provided
in Sections 143(c) and (i)(2) of the Internal Revenue Code:
Who has had a present ownership interest in a principal residence during
any part of the three-year period ending on the date of the sile or transter,
all as provided in Sections 143(d) and (i)(2) of the Internal Revenue Code
(except that “100 percent” shall be substituted for "95 percent or more”
where the latter appears in Section 143(4)(1}); or
Gil) At an acquisition cost which is greater than 90 percent of the
average area purchase price (greater than 110 percent for targeted area
residences), all as provided in Sections 143(c) and (i)(2) of the Internal
Revenue Code; or
(iv) Who has a gross family income in excess of the applicable
percentage of applicable median family income as provided in Sections
143(f) and (i)(2) of the Internal Revenue Code); orCFN # 110190928, OR BK 48086 PG 1845, Page 11 of 11
(b) Mortgagor fails to occupy the Property described in the Security
Instrument without prior written consent of Lender or its successors or
assigns described at the beginning of this Tax-Exempt Financing Rider; or
(©) Mortgagor omits or misrepresents a fact that is materia) with respect 10 she
provisions of Section 143 of the Interna! Revenue Code in an application
for the loan secured by this Security Instrument.
References are to the Internal Revenue Code of 1986 in effect on the date of
execution of the Security Instrument and are deemed to include the implementing
regulations
BY SIGNING BELOW, Mortgagor accepts and agrees to the terms and
provisions in this Tax-Exempt Financing Rider.
Mortgagde7 Ruth Joseph
Mortgagor
STATE OF FLORIDA
COUNTY OF
I CERTIFY that on this day, before me, a Notary Public duly authorized in the
state and county named above to take acknowledgments, personally appeared
RuTH JOSEPH the person/persons described in and who executed the forcpoing
instrument, and acknowledged before me that he/she/they executed it. He/she/they is/are
personally known to me or has/have produced FDL as identification and
did/did not take an oath.
WITNESS my hand and official seal in the county and state named above this
$0 day of Jury , dont
Notary Public
(SEAL) Print Name: D@ORAH A. Cubeinta
Commission No.; DD 9££083
Commission Expires: @/3]e#
wesor SOsa8093
onzeEXHIBIT “C”JOSEPH, LOAN NO. 9632
Florida Statutes, § 702.015(4) Possession Certificate
1. Pursuant to Florida Statutes, § 702.015(4), under penalty of perjury, I,
Jerry Vidal a/an Assistant Vice President of Bank of
America, N.A. (‘BANA”) give this certification.
2. BANA is in possession of the original promissory note, a true and correct copy of which
is attached to this certificate as Exhibit A.
3. At the time of verification, the original promissory note was located at 1800 Tapo
Canyon, Simi Valley, CA 93063.
4. I personally verified BANA's possession of the original promissory note on
1] 0-6 at [27 amp.
Signature:
=: Jerry Vidal
Printed Name:
Title: Assistant Vice President
Dated: Mh DolNOTE EXHIBIT A
Morida
THIS NOE IS EXEMPT FROM OOCUMENTARY STAMP TAX 201.08 F.S. AND FLORIDA NONRECU
Preview
Case Number: CACE-15-013633 Division: 11 Filing # 30308410 E-Filed 07/30/2015 04:32:27 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: BANK OF AMERICA, N.A., Plaintiff, vs. RUTH JOSEPH A/K/A JOSEPH RUTH; UNKNOWN : SPOUSE OF RUTH JOSEPH A/K/A JOSEPH RUTH; i HOUSING FINANCE AUTHORITY OF LEE COUNTY, FLORIDA; STATE OF FLORIDA, BROWARD COUNTY; BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA; UNKNOWN TENANT #1; UNKNOWN, TENANT #2, Defendant(s). VERIFIED COMPLAINT TO FORECLOSE MORTGAGE i Plaintiff, BANK OF AMERICA, N.A., sues the above named Defendant(s) and alleges: COUNT I - MORTGAGE FORECLOSURE 1, THIS IS AN ACTION to foreclose a Mortgage on real property located and situated in BROWARD County, Florida. 2. On or about July 20, 2011, RUTH JOSEPH A/K/A JOSEPH RUTH, A SINGLE WOMAN, executed and delivered a Promissory Note and a Mortgage securing payment of the Note. 3. The Mortgage was recorded on August 3, 2011 in Official Records Book 48086 at Page 1835, of the , Public Records of BROWARD County, Florida, and mortgaged the property described therein, then owned by and in possession of the Mortgagor(s). Copies of the Note and Mortgage are attached hereto and incorporated herein as Exhibit "A" and "B" respectively. 4, Plaintiff is the holder of the Note. 5. Plaintiff, in accordance with Florida Statutes, §702.015(4), is in possession of the original Note. A copy of the Certification of Note Possession is attached hereto and incorporated herein as Exhibit "C". 6. The Plaintiff's Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest of the Defendant(s) named herein or any person claiming by, through or under said Defendant(s) since the institution of this action. 7. Defendant(s), RUTH JOSEPH A/K/A JOSEPH RUTH, A SINGLE WOMAN, own(s) the property. 04-076810-FOO *** FILED: BROWARD COUNTY, FL HOWARD FORMAN. CLERK 7/30/2015 4:32:24 PM.****8. There has been a default under the terms of the Note and Mortgage in that the January 1, 2015 payment due and all subsequent payments have not been made. 9. All conditions precedent to the acceleration of this Note and Mortgage and to the filing of this action have been fulfilled. 10. The Plaintiff declares the full amount payable under the Note and Mortgage to be due. 11. There is now due and owing to the Plaintiff as of the date of filing this action the unpaid principal balance of $135,793.59, together with interest and all sums that may be due for taxes, insurance, escrow advances, and expenses and costs of this action including but not limited to filing fees, recording fees, title search and examination fees, fees do for service of process and such other costs as may be allowed by the Court, 12, Plaintiff is obligated to pay its attorney a reasonable fee for their services and seeks an award of attorney's fees. 13. The Defendant(s), HOUSING FINANCE AUTHORITY OF LEE COUNTY, FLORIDA, may claim some interest in or lien upon the subject property by virtue of a mortgage recorded in Official Records Book 48086 at Page 1846 of the Public Records of BROWARD COUNTY, Florida. Said interest, if any, is subject, subordinate, and inferior to the lien of Plaintiff's Mortgage. 14, The Defendant(s), STATE OF FLORIDA, BROWARD COUNTY, may claim some interest in or lien upon the subject property by virtue of a Circuit Court Disposition Order in and for Broward County, Florida recorded in Official Records Book 51087 at Page 1358 of the Public Records of BROWARD COUNTY, Florida. Said interest, if any, is subject, subordinate, and inferior to the lien of Plaintiffs Mortgage. 15, The Defendant(s), BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, may claim some interest in or lien upon the subject property by virtue of a Circuit Court Disposition Order in and for Broward County, Florida recorded in Official Records Book 51087 at Page 1358 of Public Records of BROWARD COUNTY, Florida. Said interest, if any, is subject, subordinate, and inferior to the lien of Plaintiff's Mortgage. 16. The Defendant, Unknown Spouse of RUTH JOSEPH A/K/A JOSEPH RUTH, may claim some interest in the subject property by virtue of a possible homestead interest, ifany, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. Said interest is subject, subordinate and inferior to the lien of the Plaintiff's Mortgage. 17. Defendant(s), Unknown Tenant #1 and Unknown Tenant #2, may claim an interest or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of Plaintiff's Mortgage. 04-076810-F0018. Defendant(s), RUTH JOSEPH A/K/A JOSEPH RUTH, as maker(s) of the Note, may be held personally liable for a deficiency, if any, unless Defendant(s) has/have been discharged in bankruptcy in which event no deficiency is or will be sought. WHEREFORE, Plaintiff prays as follows: i a. That this Court will take jurisdiction of this cause, the subject matter and the parties hereto. b. That this Court ascertain and determine the sums of money due and payable to the Plaintiff from the Defendant(s), including without limitation principal, interest, advances, attorney fees, and costs pursuant to the loan documents. G That the sum of money found to be due as aforesaid be decreed by this Court to be a lien. upon the lands described in Plaintiff's Mortgage. 4. That such lien be foreclosed in accordance with the rules and established practice of this Court, and upon failure of the Defendant(s) to pay the amount of money found to be due by them to the Plaintiff, the said land be sold to satisfy said lien. e. That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest of the Defendants herein or any person or parties claiming by, through or under them since the institution of this suit. f. That all right, title or interest of the Defendants or any person claiming by, through or 1 | under them be forever barred and foreclosed. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 04-076810-F00g& That this Court grants general relief in this cause as in its discretion might be just and proper including, but not limited to, a deficiency judgment, if the proceeds of the sale are | insufficient to pay Plaintiffs claim. HOWEVER, IN THE EVENT THAT THE DEFENDANT(S) HAS/HAVE FILED A PETITION FOR RELIEF IN THE UNITED STATES BANKRUPTCY COURT, OR HAS/HAVE RECEIVED A DISCHARGE FROM A UNITED STATES BANKRUPTCY COURT, PLAINTIFF DOES NOT SEEK A DEFICIENCY JUDGMENT OR OTHER CLAIM FOR PAYMENT OF MONEY OWED UNDER THE SUBJECT NOTE AND MORTGAGE FROM SAID DEFENDANT(S) SHOULD THE PROCEEDS OF THE SALE BE INSUFFICIENT TO PAY PLAINTIFF'S CLAIM. SAID DEFENDANT(S) IS/ARE JOINED IN THIS COMPLAINT SOLELY TO FORECLOSE ANY INTEREST THE DEFENDANT(S) MAY HAVE IN THE REAL PROPERTY SECURED BY THE MORTGAGE ATTACHED TO THIS COMPLAINT. FLA.R.CIV.P.1.110(b) VERIFICATION OF COMPLAINT Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. : Date: Toads 22 L315 ; | By: _¢ ZZ eae 7 Printed Name: DASon Lee. Toren | | Title: ssishant Vice President BANK OF AMERICA, N.A. * Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff's Counsel hereby designates its primary email address for the purposes of email service as: fleservice@flwlaw.com* - Ds fila,, Esq. ao — :L LAMBERT WEISS WEISMAN & GORDON, LLP oe One East Broward Blyd., Suite 1430 Oe Fort Lauderdale, Florida 33301 oo FL Bar #: 106892 Tel: (954) 522-3233 | Fax: (954) 200-7770 04-076810-FOOONec East Browaro Bivo., Suite 1430 FRENKEL §@NWi-)3,45 Fr. Lauoerpace, FL 33301 Teu: (954) 522-3233 FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP Fac (954) 200-7770 ANTONIO A. GAULA,, ESQ. ATTORNEY Date: July 29, 2015 RE: ws NOTICE REQUIRED BY THE FAIR DEBT COLLECTIONS PRACTICES ACT 15 U.SC. SECTION 1692, AS AMENDED Property Address: 2900 Island Drive Miramar, FL 33023 Owner: RUTH JOSEPH, A SINGLE WOMAN Mortgagor: RUTH JOSEPH, A SINGLE WOMAN Our File No: 04-076810-F00 Loan #: 235739632 The Plaintiff, BANK OF AMERICA, N.A., is the creditor to whom the debt is owed by that/those individual(s) who is/are obligated under the promissory note and mortgage. The debtor(s) may dispute the validity of this debt, or any portion thereof, within thirty (30) days of receipt of this Notice. If the debtor fails to dispute the debt within thirty (30) days, the debt will be assumed valid by the debt collector. If the debtor notifies the creditor's law firm in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, the creditor's law firm will obtain verification of the debt, or a copy of a judgment and a copy of the verification will be mailed to the debtor by the creditor's law firm. Collection efforts resulting in additional attorney fees and costs, however, will continue during this thirty (30) day period until this office receives the written request for verification. If the creditor named herein is not the original creditor, and if the debtor makes a written request to the creditor's law firm within 30 days of receipt of this Notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. Collection efforts resulting in additional attorney fees and costs however, will continue during this thirty (30) day period until this office receives the written request for the name and address of the original creditor. As of the date affixed to the Complaint filed herein, the amount of the debt is stated in the attached Complaint attached hereto. Because of interest, late charges and other charges that may vary from day to day, the amount due on the day you pay may be greater. Therefore, if you pay the above-referenced amount, an adjustment may be necessary after we receive your certified funds. Should that be the case, we will advise you before depositing your certified funds for collection. For further information, please call (954) 522-3233. 04-0768 10-F0O.6. Written requests pursuant to this Notice should be addressed to: FRENKEL, LAMBERT, WEISS, WEISMAN & GORDON, LLP lEast Broward Blvd.. Suite 1430 Fort Lauderdale, FL 33301 7. This communication is for the purpose of collecting a debt, and any information obtained from the debtor will be used for that purpose. 8. Even though you are required to file a response to the lawsuit within twenty (20) days, your validation rights, as set forth in this Notice, shall not expire for thirty (30) days. 53 Gibson Street « Bay Shore NY 11706 © Tel: (631) 969-3100 One Whitehall Street, 20th FL © New York, NY 10004 © Tel: (212) 344-3100 80 Main Street, Suite 460 « West Orange, NJ 07052 © Tel: (973) 325-8800 www. flwlaw.com 04-0768 10-F0O.EXHIBIT “A”pepo oF « s 2900 ISLAND DRIVE, MIRAMAR, FL 33023 [Propecty Address] 1. PARTIES “Borrower” means cach person signing at the end of this Note, and the person's successors and assigns. “Lender” mcans BANK OF AMERICA, N and its successors and assigns 2, BORROWER'S PROMISE TO PAY; INTEREST __ In retum for a loan received from Lender, Borrower promises to pay the principal sum of O SDRED FORTY FOUR THOUSAND THO HUNDRED FORTY RIGHT and 00/100 Dollars (U.S. $144, 246.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from ue diate of disbursement of the loan proceeds by Lender, at the rate of FOUR & 30/100 percent (1.300 %) per yes natil the full amount of principal has been paid. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrament that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Leader from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on PTEMBER 1ST, 2011. Any principal and interest remaining on the first day of AUGUST, 2041 Will be due om that date, which is called the "Maturity Date." (B) Place Payment shall be made at P.O. Box 650070, Dallas, TX 75265-0070 ‘of at such place as Lender may designate in writing by notice to Borrower, «C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $713.84 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items yn the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge wero a part of this Note. {Check applicable box] (F Graduated Payment Allonge [] Growing Equity Allonge 1 other tspecity) 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month, Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the ammount of the monthly payment unless Lender agrces in writing (0 Use changes. 6, BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4¢C) of this Note, by the end of fiftcen calendar days after the payment is due, Lender may collect a late charge in the anount of FOUR percent (4.000 %) of the overdue amount of each payment (8) Default if Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defavits, require immediate payment in full of the principal balance remaining dae and sll accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subscqucni default, Te many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults, This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. F Fixed Rate Note-FL 2OO1F-FL (O307)(di) Page tof 2 FHA Florida Fixed Rate Noto - 10/95 Amondad 10/98ee — | (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable faw. Such fees and costs shall bear interest from the date of disbursement at the sare rate as the principal of this Note 7. WAIVERS Borrower 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 Lender to demand payment of amounts duc. “Notice of dishonor” means the right w require Lender to give notice to other persons that amounts duc have not been paid. 8, GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different aditress if Borrower given Lender a notice of Borrower's different addsess. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of thal 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 Uhis Note, including the promise to pay the full amount owed. Any person who is @ guarantor, surety or endorser of this Note i obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surcty or endorser Of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against cach person individually or against all signatories together, Any one person signing this Note may be required 1 pay all of the amounts owed under this Note, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. I) “Borrower (Seal) ~Borrower (Seal) Rorrower (Sealy Borrower [Sign Original Only! rns OL ite eat Cin F Fixad Rate Note-FL 20018-FL (03/07) Page? of 2 FHA Florida Fixed Rate Note - 10/9 Amended 10/98,PAY TO THE ORDER OF WITHOUT RECOURSE BANK OF AMERICA, NA. BY RECONTRUST COMPANY, N.A. ASA INEY-IN-FACT BY. LAURIE MEDER svPEXHIBIT “B”CFN # 110190928, OR BK 48086 Page 1835, Page 1 of 11, Recorded 08/03/2011 at 01:59 PM, Broward County Commission, Deputy Clerk 3505 L After Recording Return To: BANK OF AMERICA, N.A. ReconTrust Co, /TX2-979-01-07 P.0,. Box 619003 Dallas, TX 75261-9003 This document was prepared by: NANCY [,. TRVING 5405 CYPRESS CTR DRIVE #100 TAMPA PL 33609 ISpace Above This Line For Recording Data] = State of Florida MORTGAGE THIS MORTGAGE (‘Security Instrument’) is givenon JULY 20, 2911 The Morigagor is RUTH JOSEPH, A SINGLE WOMAN whose address is, 1120 NW 102ND STREET, MIAMI, FL 33150 (‘Borrower’). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. (“MERS"). (solely as. nominee for Lender, as hereinafter defined, and Lender's successors and assigns). as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026. Flint. MI 48501 2026. tel. (888) 679-MERS. BANK OF AMERICA, N.A ("Lender") is organized and existing under the laws of THE UNTTED STAT: 101 South Tryon Street, Charlotte, NC 28255 Borrower owes Lender the principal sum of ONE HUNDRED FORTY FOUR THOUSAND TWO HUNDR: and has an address of FORTY EIGHT and 00/10¢ Dollars (US. $ 144,248.00 ). This debt is evidenced by Borrower's note dated the same date as this Security MERS FHA Mortgage-FL TOEFL (O9!TOVCA/) Page 1 of "23991"CFN # 110190928, OR BK 48086 PG 1836, Page 2 of 11 Instrument ( . which provides for monthly payments, with the full debt, if not paid earlier, due and payable on AUGUST 01, 2041 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with inferest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. Kor this purpose Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns} and to the successors and assigns of MERS, the following described praperty located in BROWARD County, Florida: THIS MORTGAGE IS EXEMPT FROM DOCUMENTARY STAMP TAX 201.08 F NONRECURRING INTANGIBLE TAX UNDER 199, F.S. PER 159.622 Fi 35, Block 84, of MIRAMAR SECTION 11, according to Plat Book 51, Page(s) 47, of the Public Records of BROWARD County, hereof as recordea i Parcel ID Number; 524227-05-0700 which has the address of 2800 TSLAN [Sireet, City] Florida 33023 (“Property Address"): [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and Fixtures now of hereafter a part of the property. All replacements and additions shall also be covered hy this Security Instrument. Ail of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, hut. if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns). has the right. to exercise any or all of those interests, including. but not limited to. the right to foreclose and sell the Property: and to take any action equired of Lender including, but not limited to, releasing or canceling this Security tastrument BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1, Payment of Principal, Interest and Late Charge. Borrower shall pay when due the privcipal of, and interest an. the debt evidenced by the Note and late charges due under the Note. MERS FHA Morgage-FL 1004M.FL (09/10), Page 2019 nCFN # 110190928, OR BK 48086 PG 1837, Page 3 of 11 ass: iy B 2 hz Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment together with the principal and interest as set forth in the Note and any tate charges. a sus for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (©) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mor insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender stil held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a morigage insurance premium if this Security Instrument is held by the Secretary. in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items” and the sums paid to Lender are called "Escrow Funds.” Lender may. at any time, collect and hold amounts for Escrow Items in an aggregate amount not ta exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 er seq and implementing regulations, 24 CFR Part 3500, as thoy may be amended from time to ime ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated: disbursements or disbursements before the Borrower's payments are available in the account may not he based on amounts due for the mortgage insurance premium If the amounts held by Lender for Escrow lems exceed the amounts permitted 10 be held by RESPA. Lender shall account to Barrower for the excess Funds as required by RESPA. If the amounts of funds held by Leader at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument If Borrower tenders to Lender the full payment of ail such sums, Borrower's account shall be credited with the balance remaining for all instaliment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c) Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Sectetary ot to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and ite. flood and other hazard insurance premiums, as required: ‘Third, to interest due under the Note Fourth, to amortization of the principal of the Note: and Fifth, to late charges due under the Note. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property. whether now in existence or subsequently erected. against any hazards, casualties, and contingencies. including fire. for whicl Lender requires insurance. This insurance shail be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected. against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include toss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. Ail ar any part of the MERS FHA Mongage-FL. 10040. FL (09110), Page 3 of 9CFN # 110190928, OR BK 48086 PG 1838, Page 4 of 11 insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first 10 any delinquent amounts applied in the order in paragraph 3. and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds (0 the principal shall not extend or postpone the due date of the monthly payments which are referred (o in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid 10 the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness. all right, tile and interest of Borrower in and to insurance policies in force shall pass to the purchaser 5. Occupancy, Preservation, Maintenance and Protection of the Property: Borrower's Loan Application: Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's contral. Borrower shall notify Lender of any extenuating circumstances. Borrower shall tot commit waste or destroy. damage or substantially change the Property of allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loa application process, gave materially false or inaccurate information or statements to Lender (or faited to provide Lender with any material information) in connection with the loan evidenced by the Note, including, ut aot limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, If Borrower acquires fee tithe to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing 6. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection with any condemnation or other taking of any part of the Property. or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3. and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpane the due date of the monthly payments, which are referred to in paragraph 2, or change the arwount of sich payments. Any excess proceeds over an amount required (o pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all goverumental or municipal charges. fines and impositions that are not inchided in paragraph 2, Borrower shall pav these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affer Lender's interest in the Property. upon Lender's request Borrower shail promptly furnish to Lender receipts evidencing these payments, {f Borrower fails to make these payments or the payments required by paragraph 2, or fails 10 perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may si affect Lender's rights in the Property (such as @ proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's, rights in the Property, including payment of taxes, hazard insurance and other items meutioned in paragraph 2 MERS FHA Mongage-FL 1004M-FL (09/30) Page 4 of 9 x 5s:CFN # 110190928, OR BK 48086 PG 1839, Page 5 of 11 Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and he secured by this Security Instrument, These amounts shall beac interest from the date of dishursement, at the Note rate. and at the option of Lender, shall be immediately due and payable Borrower shall promptly discharge any lien which has priority over this Security Instrumeat unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender: (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; ot (c) secures from the holder of the lien an agreement satisfactory t0 Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Londer may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice 8. Fees. Lender may collect fees and charges authorized by the Secretary 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: () Borrower defaults by failing to pay in full any monthly payment requited by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341 (4) of the Gam-St. Germain Depository Institations Act of 1982, 12 U.S.C. 1701j-3id)) and with the prior approval of the Secretary. require immediate payment in full of all sums secured by this Security Instrument it (All or part of the Property. or a beneficial interest in a trust owning all or part of the Property. iy sold or otherwise transferred (other than by devise or descent). and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence. oF the purchaser or grantee does so occupy the Property but his or her credit has not bees approved in accordance with the requirements of the Secretary (&) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does nat waive its rights with respect to subsequent events cc) (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender nay. at its option. require immediate payment in full of ail sums secured by this Security Instrument, A written statement of any authorized agent of the Secretary dated subsequent 10 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility Notwithstanding the foregoing. this option may not be exercised hy Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium (o the Secretary 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in fl because of Borrower's failure to pay an amount due under the Note or this Security Instrument, This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required 10 bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys’ fees and expenses. properly associated with the foreclosure proceeding. Upon reinstatement by Borrower. this Security Instrument and the MERS FHA Mortgage Ft. 004M (08/10) Page 5 of Yo:CFN # 110190928, OR BK 48086 PG 1840, Page 6 of 11 obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However. Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of # current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future. or (ii) ceinstatement will adversely affect the priority of the lien created by this Security Instrument. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any succesvor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successar iu interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy Successors and Assigns Bound; Joint and Several Liability: Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several, Any Borrower who Co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument, (b} is not personally obligated to pay the sums secured by this Security Instrument; and (€) agrees that Lender and aay other Borrower may agree to extend, modify, forbear or make any accommodations with regard te the terms of this Security Instrument or the Note without that Borrower's consent Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. “The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice io Lender stall be given by first class mail (0 Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be govemed by Federal law and the faw of the jurisdiction in which the Property {s located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Secuntty Instrument and the Note are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage. or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else 10 do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall riot apply to the presence, use, of storage on the Property of small quantities of Hazardous Substances that are generally recognized {to be appropriate to normal residential uses and (o maintenance of the Property Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action bv any governmental or regulatory agency or private party involving the Property and any Hazardous Substance ot Environmental Law of which Borrower has actual knowledge. If Borrower learns. or is notified by any governmental or regulatory authority, that any removal of other remediation of any Hazardous Substances affecting, the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. MERS FHA Mongage-FL 1004M-FL (09/10) Page 6 af 9 raCFN # 110190928, OR BK 48086 PG 1841, Page 7 of 11 As used in this paragraph 16, “Hazardous Substances” are those substances defined as toxic or hazardous substances, by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and fadioactive materials. As used in this paragraph 16, “Environmental Law means federal laws and laws of the Jurisdiction where the Property is located that relate to health, safety o environmental protection. NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows Assignment of Rents. To the extent permitted by applicable law. Borrower unconditionally assigns and transfers 10 Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However. prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument Borrower shall collect and receive all rents and revenues of the Property as trustee For the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only If Lender gives notice of breach to Borrower: {a} all rents received by Borrower shall be held by Borrower ay trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument: (b) Lender shall he entitled to collect and receive all of the rents of the Property: and (e) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant Borrower has not executed any prior assignment of the rents and has niot and will not perform any art that would prevent Lender from exercising its rights under this paragraph 17 Lender shall not be required to enter upon, take control of or maintain the Property before or afier giving notice of breach to Borrower. However, Lender of a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Feeder. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in Full Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies in this paragraph 18, including, but not limited to, reasonable attorneys’ fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Parageaph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3781 e¢ seq) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights, otherwise available to a Lender under this Paragraph 18 or applicable law. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge 10 Borrower. Borrower shall pay any recordation costs Attorneys’ Fees. As used in this Security Instrument and the Note. “attorneys’ fees” shall include any attumeys fees awarded by an appellate court MERS FHA Mongage-FL TOOsM-FL (09710) Page 7019CFN # 110190928, OR BK 48086 PG 1842, Page 8 of 11 21. Riders to this Security Instrument. If one ot more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument [Check applicable box(es) (] Condominium Rider CO Growing Equity Rider [4] Other [specify (1) Planned Unit Development Rider [_] Graduated Payment Rider TAX EXEMPT RID BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrement and in any rider(s) executed by Borrower and recorded with i Witnesses: (Seal) Borrower Qebarge C, Cut, aa Sosa (Seat Borrower (Seal) Borrower (Seal) Borrower MERS FHA Mortgage-FL 1OO4M-FL (09110), Page 8 of 9CFN # 110190928, OR BK 48086 PG 1843, Page 9 of 11 STATE OF FLORIDA, County ss; BLOWALD The foregoing instrument was acknowledged before me this 20™ Day of Jury Ruth Joseeu a Notary Pubic State ot F1 AAG cates Ste ot rae we Notary Public My Commnason 60986039 Expres osio3ico%e MERS FHA Morigage-FL 1004M-FL (09/10) Page 9019 byCFN # 110190928, OR BK 48086 PG 1844, Page 10 of 11 EXHIBIT E-1 TAX-EXEMPT FINANCING RIDER (MUST BE ATTACHED TO ALL MORTGAGLS] THIS TAX-EXEMPT FINANCING RIDER is made this 20th day of uly 2011__, and is incorporated into and shall be deemed to amend and supplement the Morigaye, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned (""Mortgagor") to secure Mortgagor's Note ("Note") to Sank of America. NA Tender") of the same date and covering the Property described in the Security Instrument and located at 2900 Island Drive, Miramar, FL 33023 (Property Address) In addition to the covenants and agreements made in the Security Instrument, Mortgagor and Lender further covenant and agree as follows: Lender, or such of its successors or assigns as may by separate instrument a sume responsibility for assuring compliance by the Mortgagor with the provisions of this ‘Tax-lixcmpt Financing Rider, may require immediate payment in full of all sums secured by this $ (nstrument if: (2) All or part of the Property is sold or otherwise ttansferred (other than by devise, descent or operation of law) by Mortgagor to a purchaser or other transferce a) Gi) Who cannot reasonably be expected to occupy the Property as a principal residence within a reasonable time after the sale or transfer, all as provided in Sections 143(c) and (i)(2) of the Internal Revenue Code: Who has had a present ownership interest in a principal residence during any part of the three-year period ending on the date of the sile or transter, all as provided in Sections 143(d) and (i)(2) of the Internal Revenue Code (except that “100 percent” shall be substituted for "95 percent or more” where the latter appears in Section 143(4)(1}); or Gil) At an acquisition cost which is greater than 90 percent of the average area purchase price (greater than 110 percent for targeted area residences), all as provided in Sections 143(c) and (i)(2) of the Internal Revenue Code; or (iv) Who has a gross family income in excess of the applicable percentage of applicable median family income as provided in Sections 143(f) and (i)(2) of the Internal Revenue Code); orCFN # 110190928, OR BK 48086 PG 1845, Page 11 of 11 (b) Mortgagor fails to occupy the Property described in the Security Instrument without prior written consent of Lender or its successors or assigns described at the beginning of this Tax-Exempt Financing Rider; or (©) Mortgagor omits or misrepresents a fact that is materia) with respect 10 she provisions of Section 143 of the Interna! Revenue Code in an application for the loan secured by this Security Instrument. References are to the Internal Revenue Code of 1986 in effect on the date of execution of the Security Instrument and are deemed to include the implementing regulations BY SIGNING BELOW, Mortgagor accepts and agrees to the terms and provisions in this Tax-Exempt Financing Rider. Mortgagde7 Ruth Joseph Mortgagor STATE OF FLORIDA COUNTY OF I CERTIFY that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgments, personally appeared RuTH JOSEPH the person/persons described in and who executed the forcpoing instrument, and acknowledged before me that he/she/they executed it. He/she/they is/are personally known to me or has/have produced FDL as identification and did/did not take an oath. WITNESS my hand and official seal in the county and state named above this $0 day of Jury , dont Notary Public (SEAL) Print Name: D@ORAH A. Cubeinta Commission No.; DD 9££083 Commission Expires: @/3]e# wesor SOsa8093 onzeEXHIBIT “C”JOSEPH, LOAN NO. 9632 Florida Statutes, § 702.015(4) Possession Certificate 1. Pursuant to Florida Statutes, § 702.015(4), under penalty of perjury, I, Jerry Vidal a/an Assistant Vice President of Bank of America, N.A. (‘BANA”) give this certification. 2. BANA is in possession of the original promissory note, a true and correct copy of which is attached to this certificate as Exhibit A. 3. At the time of verification, the original promissory note was located at 1800 Tapo Canyon, Simi Valley, CA 93063. 4. I personally verified BANA's possession of the original promissory note on 1] 0-6 at [27 amp. Signature: =: Jerry Vidal Printed Name: Title: Assistant Vice President Dated: Mh DolNOTE EXHIBIT A Morida THIS NOE IS EXEMPT FROM OOCUMENTARY STAMP TAX 201.08 F.S. AND FLORIDA NONRECU