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Case Number: CACE-15-012974 Division: 11
Filing # 29784884 E-Filed 07/17/2015 12:48:20 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
WELLS FARGO BANK, N.A., CASE NO.
Plaintiff(s), DIVISION
VS.
GEORGE GOODMAN A/K/A GEORGE T.
GOODMAN; IRMA OLIVARES; UNKNOWN
SPOUSE OF IRMA OLIVARES; CORAL
REEF CLUB HOMEOWNERS,
ASSOCIATION, INC.; UNKNOWN SPOUSE,
OF GEORGE GOODMAN AKA GEORGE T.
GOODMAN; AMTRUST BANK, A DIVISION
OF OHIO SAVINGS BANK; UNKNOWN
TENANT 1, UNKNOWN TENANT 2,
UNKNOWN TENANT 3, UNKNOWN
TENANT 4, the names being fictitious to
account for parties in possession,
Defendant(s).
VERIFIED COMPLAINT FOR RESIDENTIAL FORECLOSURE
Comes now, the Plaintiff, WELLS FARGO BANK, N.A. by and through the undersigned
counsel, and hereby sues Defendants, alleging:
COUNT ONE: FORECLOSURE
1. This is an action to foreclose a Mortgage on real property located in Broward County,
Florida.
2. The subject Promissory Note (“Note”) dated August 1, 2006, was executed and delivered to
Plaintiff or Plaintiff's predecessor in interest. The subject Mortgage securing payment of the
Note was recorded on or about August 17, 2006, in Official Records Book 42611, at Page
1175-4000B
032-FL-V4
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/17/2015 12:48:19 PM.****1446, of the Public Records of Broward County, Florida, and mortgaged the subject real
property then owned by and in possession of the mortgagor(s). A copy of the subject
Promissory Note and Mortgage are attached hereto and incorporated herein.
3. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right,
title, claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in |
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interest,
4. Plaintiff is the holder of the Note and entitled to enforce the terms thereof as Plaintiff is in |
possession of the original Note endorsed in blank.
5. GEORGE GOODMAN A/K/A GEORGE T. GOODMAN has defaulted under the covenants,
terms and agreements of the Note in that the payment due November 10, 2014, and all
subsequent payments have not been paid.
6. GEORGE GOODMAN A/K/A GEORGE T. GOODMAN has defaulted under thie bovenanits
terms and agreements of the Mortgage by virtue of failure to make the payments due under
the terms of the Note.
7, GEORGE GOODMAN A/K/A GEORGE T. GOODMAN owes Plaintiff $137,722.12 that is
now due and owing on principal, plus interest from and after October 27, 2014 and title
search expenses for ascertaining necessary parties to this action.
8. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes,
premiums on insurance required by the Mortgage and other necessary costs, or may be
required to make such advances during the pendency of this action. Any such sum so paid
will be due and owing Plaintiff.
1175-4000B
032-FL-V49. The record legal title to said mortgaged property is now vested in Defendant(s), GEORGE
GOODMAN A/K/A GEORGE T. GOODMAN and IRMA OLIVARES and upon
information and belief Defendant(s) hold possession.
10. All conditions precedent to the acceleration of this Note and foreclosure of this Mortgage
have been fulfilled and have occurred.
11. For purposes of foreclosure, the Plaintiff has retained the undersigned attorneys and is |
obligated to pay said attorneys a reasonable fee for services rendered.
12. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior
and subject to the prior claim of Plaintiff. More particularly, the remaining Defendants claim
some right, title and interest in and to the mortgaged premises in the following manner:
a. The Defendant, UNKNOWN SPOUSE OF IRMA OLIVARES, may claim some
right, title or interest in the property herein sought to be foreclosed by virtue of
potential Homestead rights or interests; however, said interests, if any, are
: subordinate, junior, and inferior to the lien of Plaintiff's mortgage.
b. The Defendant, CORAL REEF CLUB HOMEOWNERS ASSOCIATION, INC.
\ may claim some right, title or interest in the property herein sought to be foreclosed
by virtue of a Declaration of Covenants, Conditions and Restrictions, association
dues, or assessments. Plaintiff holds a first mortgage. Therefore, said interests, if any,
are limited under Florida Statutes 720.3085(2)(c) or 718.116(1)(b)(1) as appropriate,
should Plaintiff or its successors or assigns take title.
c, The Defendant, UNKNOWN SPOUSE OF GEORGE GOODMAN AKA GEORGE
T. GOODMAN, may claim some right, title or interest in the property herein sought
to be foreclosed by virtue of potential Homestead rights or interests; however, said
1175-4000B
032-FL-V4interests, if any, are subordinate, junior, and inferior to the lien of Plaintiff's
mortgage.
The Defendant, AMTRUST BANK, A DIVISION OF OHIO SAVINGS BANK,
may claim some right, title or interest in the property herein sought to be foreclosed
by virtue of that certain Mortgage recorded in Official Records Book 43132, at Page
844 of the Public Records of Broward County, Florida; however, said interest, if any,
is subordinate, junior, and inferior to the lien of Plaintiff's mortgage.
The Defendants, UNKNOWN TENANT 1, UNKNOWN TENANT 2, UNKNOWN
TENANT 3, UNKNOWN TENANT 4 the names being fictitious to account for
parties in possession, may claim some right, title or interest in the property herein
sought to be foreclosed by virtue of possession or some other unknown interest, the
exact nature of which is unknown to Plaintiff and not a matter of public record;
however, said interest, if any, is subordinate, junior, and inferior to the lien of
Plaintiff's mortgage.
WHEREFORE, Plaintiff prays the Court as follows:
| Plaintiff requests that the Court ascertain the amount due Plaintiff for principal and interest
on the Note and Mortgage and for late charges, abstracting, taxes, expenses, and costs,
including attorney’s fees, plus interest thereon; that if the sums due Plaintiff under the Note
and Mortgage are not paid immediately, the Court foreclose the Mortgage and the Clerk of
the Court sell the Property securing the indebtedness to satisfy Plaintiffs mortgage lien in
accordance with the provisions of Florida Statutes §45.031 (2006); that the Court retain
jurisdiction of this action to make any and all further orders and judgments as may be
necessary and proper, including the issuance of a writ of possession and the entry of a
1175-4000B
032-FL-V4j
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deficiency decree, unless any Defendant personally liable is discharged from liability
pursuant to the provisions of the Bankruptcy Code, 11 U.S.C. § 101, et.seq.
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing Verified Complaint for Residential
Foreclosure and the facts alleged therein are true and correct to the best of my knowledge and
belief.
1175-4000B
032-FL-V4
Printed Name:_Adriana R. Caballes
As The:__Vice President Loan Documentation
For: Wells Fargo Bank, N.A.
Date:, July 06, 2015
Aldridge Pite, LLP
Attorney for Plaintiff(s)
1615 South Congress Avenue
Suite 200
Delray Beach, FL43445
Phone: 561.392,.8391/Fax: 561.392.6965“CERTIFICATION OF POSSESSION OF ORIGINAL PROMISSORY NOTE
1, My name is SANTA DELGADO and I am VICE PRESIDENT LOAN DOCUMENTATION of
WELLS FARGO BANK, N.A.
2. WELLS FARGO BANK, N.A. is in possession of the original promissory note (“Note”) dated
AUGUST 1, 2006 and executed by GEORGE GOODMAN. A copy of the Note with all allonges, if any, is attached
hereto and incorporated by reference as Exhibit “A”.
3. I verified WELLS FARGO BANK, N.A.’s possession of the Note by reviewing the Note at 4101
WISEMAN BLVD, SAN ANTONIO, TEXAS, 78251 on 4/15/2015 at 9:40 A.M..
4, Under penalty of perjury, I declare that I have read the foregoing Certification of Possession of Original
Promissory Note and the facts stated in it are true.
WELLS FARGO BANK, N.A.
Signature: Werk Qs $f L
Name: __ SANTA DELGADO
Title: Vice President Loan Documentation
Company: WELLS FARGO BANK, N.A.
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|WORLD SAVINGS BANK, FSB.
ADJUSTABLE RATE MORTGAGE NOTE
PICK-A-PAYMENT LOAN
GDW AVERAGE DEPOSIT ACCOUNT RATE (COST OF SAVINGS) INDEX
BIWEEKLY PAYMENT
‘THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE, MY BIWEEKLY PAYMENT
AND MY UNPAID PRINCIPAL BALANCE. MY BIWEEKLY PAYMENT INCREASES, MV INTEREST RATE INCREASES
AND MY PRINCIPAL BALANGE INCREASES ARE LIMITED, THIS NOTE IS SECURED BY A SECURITY INSTRUMENT
(OF THE SANE DATE,
on uvecr a DATE: August 4, 2008
BORROWER(S); GEORGE GOODMAN, AN UNMARRIED MAN sometimes called "Borrower" and sometimes simply called
“Portme.*
PROPERTY ADDRESS: 9964 NW 57TH MANOR, CORAL SPRINGS, FL 33076-2832
4, BORROWER'S PROMISE TO PAY
{mn return for a loan that | have recelved, | promise to pay U.S. $130,000.00, called "Prinelpal plus interest to the order of
the Lender, The Lender Is WORLD SAVINGS BANK, FSB, a FEDERAL SAVINGS BANK, , ITS SUCCESSORS ANDIOI
ASSIGNEES, or anyone to whom this Note Is transferred, 7
2, INTEREST
(A) Interest Rate
Interest will be charged on unpaid Principal untl the full amount of Principal has been pald. 1 will pay Interest at the yearly
Tate of 7.390%, The Interest rate may change es described In this Saction 2, Interest wil be charged on the basls of a 84-day
Year, divided inlo 28 segments of two Weeks each,
‘The Interest rate required by this Section 2 Is the rate | will pay both before and ater any default described in Section 7(B) of
this Note,
(8) Interest Change Dates.
‘The interest rate { wil pay may change on the 26th day of September, 2006 and on every other Monday thereafter, Each
date on which my interest rate could change Is called an “Interest Change Date." The new rate of interest wil become elfecive on
‘each inlerest Change Date,
AEG.
oo 4
‘SD264A (200402) BIWEEKLY ARM FL
Pogo LENDER'S USE ONLY(My ifotime maximum interest rate limits 11.950% called "Lifetime Rate Cap,"
(0) index
Beginning with the ft interest Change Date, my interest rate wil bs based on an "Index." The Index Is the welghled average
‘of the Interest rates In effect as of the last day of each calender month on the deposit accounts of the federally insured depository
Institution eubsidaries (‘Subsidiaries of Golden West Financial Corporation ("GDW’), as made avaliable by GDW, Included Inthe
‘deposit acocunts for purposes of the Index calculation are all ofthe Kems and adjustments that GOW uses to caleulate the tne fem
‘currently caled "cost of deposits” that appears in ite quartesy and annual reports to shareholders as well as In other fenclal
‘eports publely distributed by GDW. The Index dovs nol Include dopost accounts ovmed by GOW or Its Subsidlaries or other
affllates, The calculation of the Index Includes adjustments for the effects of financial Instruments related to the depost accounts
‘and other adjustments determined by GOW in ite sole discretion as appropriate to accurately reflact the welghted average of
Inlerest rates on tha deposit accounts. Ifan index Is substituted as described In Section 2(F) ofthis Note, the alternative Index wil
‘become the Index. The most recent index figure avallable on each Interest Change Date Is called the "Current Index.”
{E) Calculation of Interest Rate Changes.
Lender will calculate my new Inlerest rate by adding 3,460 percentage points, called the "Margin,* to the Current Index.
‘Subject to the limit stated In Section 2(C) above, the result of th calculation will be my new “Inlerest Rate" untll the next interest
‘Change Dato,
Lender falls to ullize the entire interest rate Increase to which Ils eniiled under thie Note on any Interest Change Date by
falling to add all or part ofthe allowable Margin to the Gurrant Indox, then Lender may add any such allowable Margin to the Current
Index on any future Interest Chango Date. Lender may net F date, carryover or add interest {o which Its not entitled under
this Note on any interest Change Date,
{F) Alternative index
‘Tho Lender may choose an alternative Index to be the Index Ifthe Index le no longer available, For purposes of this Section
2{F), the index Is not Yavallable” I: (a) the Index Is for any reason no longer published; or (b) the Lender, In its sote dlscretion,
dotermines thet the Indox Is caloulated In a substantially diferon! manner or based on substantial diferent information than atthe
(ime the Index became applloable to this Note; or (e) applicable lawe or regulations prevent the Lender ftom using the Index to ,,
calculate interest under this Note, The selection of the allerative Index shall be al Lenders sole discretion, The alternative Index
‘may be a nallonal or regional Index or another type of index approved by the Lender's primary regulator, The Lender wil giva mo
role of the alfemative index.
3. PAYMENTS
(A) Time and Place of Payments
| will pay Prinoipal end interest by making payments every two weeks,
{ wil make my frst biweekly payment on September 14, 2006 and every other Monday thereafter, | wil make thees
biweekly paymente until | have pad () all the Principal and interest; and (i) any other charges described below thal | may owe
‘under this Nole; and (ll) any charges that may be due under the Security Instrument. If, on AUgUst 28, 2036, | sill owe
‘amounts under this Note, I wll pay these amounts In full on that date, whlch is called the "Matutty Date.”
| wil maintain a deposk account with Lender, or with @ benk or savings and loan which hias been approved by Lender, and
keep suffclent funds In such deposit eccount to allow Lender to automaticaly withdraw my blweekly payment on each of the
biweekly payment dates stated above, The sole purpose of tho deposit account Is to ensure payment of the blvvokly payments on
the due-date of each payment and | Instruct and charge Lender fo withdraw the amount of each biweekly payment from the deposit
‘account on each due date without any further Instructions from me,
(@) Amount of My initia Biweekly Payments
Each of my intel biveckiy payments wil be in the amount of U.S. $ 224.33, Thie amount wil change as descibed in
Seotlons 9(¢) and 3(0) below. My Intlal Biweekly payment amount was selected by me from a range of inllal payment amounts
‘approved by Lender and may not be auffclont to pay the entire amount of Interest accruing on the unpaid Principal balance,
(C) Paymont Change Dates
My biweekly payment will change as required by Section 3(0) below beginning on the 10th day of September, 2007
and every 62 Waeks thereater, Each of these dates Is called a “Payment Change Dale.” My biweekly payment wil algo chango
at ary time Section 3(F) oF (0) below requirge me to pay a diferent amount,
4 will pay the amount of my new biveeky payment every olher Monday beginning on each Payment Change Date and as
provided in Section 3(F) of 3(8) below.
‘SD254B (2004.03.9) {B01 (2004.03-0) BIWEEKLY ARM FL
cost
Page2(0) Catcutation of Payment Changes
Subject fo Section 9(F) and 9(G), on the Payment Change Date my bieekly payment may be changed {o an emount
‘ufitent (0 pay the unpaid Prinolpal balance, Inoluding any deferred interest as described In Section 9(€) below, by the *Modiied
Maturty Date.” The Modified Maturty Date [s the date on which this note will be pald after accounting for acceleration of the
Payment schedule resulting from beekly payments rather than the monthly payment schedule used to calculate the Maturly Date
§ desortbad in Section 3(A) above, However, the amount by which my payment can be increased will not be more than 7-1/2% of the
then existing Principal and Interest payment. This 7-1/2% limilallon ts called the "Payment Gap." The Lender will perform this
Payment Change calculation at least §0 but not more then 80 days before the Payment Change Date.
: (E) Deferred Interest; Additions to My Unpald Principal
J From time (o ime, my blieekly payments may be Insufflent to pay the total amount of biweekly Interest that fs due, If ths
ccccure, the amount of Interest that Is not pald each payment, called "Deferred interes,” wil be added to my Principal and wil |
accrue interest atthe same rate as the Principal,
{F) Limit on My Unpaid Principal; inoreased Biweekly Payment |
My unpald Principal balance can never excoad 425% of the Principal orginally borrowed, called "Principal Balance Cap.”
] {f, as a result of the addition of Deferred Interest fo my unpald Principal balance, the Principal Balances Cap limitation would be
‘oxoeeded on the date that my bhvoekiy payments due, | wll instead pay a now biweeky payment. Notwithstanding Section 340)
‘and 3(0) above, {wll pay a new bveekly payment whlch Is equal (o en amount that vill be suffelet fo repay my then unpald
| Péintpal balance in full onthe Mauiy Date atthe Interast rato thon In ee, tn substantially equal payments,
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4 (@) Payment Gap Limitation; Exceptions.
Beginning with the 40th Payment Change Date and every Sth Payment Change Date thereafter, my bhveekly payment will
i be calculated as described in Section (0) above except that the Payment Cap linitallon wit not apply, Additionally, the Payment
$ Cap limitation wl not apply onthe final Payment Changs Date,
(H) Notice of Payment changes .
‘The Lender vill dellver or mall fo me a notice of any changes In the amount of my biweekly payment, called "Payment “
‘Change Notice,” before each Payment Change Date, The Payment Change Notice will include Information required by law. {
FAILURE To MAKE ADJUSTMENTS:
If for any reason Lender falls to make an adjustment to the Inlerest rate or payment amount as described In this Note,
regardless of any nollce requirement, | agree thal Lender may, upon discovery of euch fallure, then make the adNstments as i they
hrad been mado on time. | also agree not fo hold Lender responsible for any damages to ma which may reeut ffom Lender’ fallure
to make the adjustment and tole the Lender, atts option, apply any excess monies which { may have Pald to pera prepayment of
‘unpald Prinelpal.
5, BORROWER'S RIGHT TO PREPAY
1 have the right to make payments of Principal at any time before they are due. A payment of
Principal before it is du called a “Prepayment”. When | make a Prepayment, | will tell the
Lender in writing that | am doing so, The Lender may require that any partial Prepayments be
made on the date my regularly scheduled payments are due, If | make a partial Prepayment, there
will be no changes in the due dates or amount of my regularly scheduled payments unless the
Lender agrees to those changes in writing. | may pay deferred interest on this Note at any time
without charge and such payment will not be considered a “Prepayment” of Principal. During the
first 3 years of the loan term if | make one or more Prepayments that, in the aggregate, exceed |
i $6,000 In any calendar month, | must pay a prepayment charge equal to 2% of the amount such
Prepayments exceed $5,000 in that calendar month. After the first 3 years of the loan term, | may
make a full or partial Prepayment without paying any prepayment charge,
Hl sp2s40 g00403-9) BIWEEKLY ARMM rh
GE:8, MAXIMUM LOAN CHARGES
{1a law which applies to this loan and which sels maximum {oan charges Is finally interpreted so that the Interest or other foan,
charges colleoled or to be cofected In connection with ths loan exceed the permiied mils, then () any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permited limit; and (I) any sums already collected from me which
‘exceeded permitted tims willbe refunded to me, The Lender may choose to make this refund by reducing the Principal | owe under
{his Note or by making @ direct payment to me, If refund reduces Principal, the reduction wil be treated as a partial Propayment,
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
the Lender has not recelved the ful amount of any bWveekly payment by the end of 18 calondar days after the date i Is
duo, | wil pay a late charge fo the Lender, The amount of the charge wil be 6.00 % of my overdue payment of Prinepal and
Interest, | wl pay the ate charge promptly but only once on each late payment,
(8) Default
| willbe in default () I do not pay the fullamount of each biweekly paymonton the date Its due; or (li) fall to perform any of
‘my promises or agreements under this Note or the Security Instrument or (ll) any statement made In my appllation for this loan,
‘was materially false or misleading or if any statement in my applicaton for this loan was materally false or misleading by reason of
‘my ornlasion of certal facts; or (iv) Ihave made any other statement fo Lenier In connection with this loan that Is materially false or
misleading.
(C)” Default -Change to Monthly Payments.
111 fallto have sufficient funds In my deposit account to make my bivookly paymont on the date my biweekly payment Is due
‘on two occasions In any 12 month period or four occasions any me prior fo the Maturity Date or If @ gamishment, attachment or
‘selzure fs made of or against my deposit account, then | will be In defaut and Lender will have @ right, bul not a duly, to change my
{oan to one with payments due monthly Instead of biweekly, I the Lender chooses to change my loan (o one with payments due
‘monthly, Lender wil provide me vith writen notice of the change at Ieast 90 daye In advance of the date the fst monthly payment
{1s due, This note wil also specify the amount ofthe monthly payment and the date the first monthly payment Is due, in such event,
Inferest on the loan balance from the last date interest was pald to the fist date of the month preceding the date the first monthiy
payment Is due wil be added to my loan balance, The amount of the first monthly payment willbe determined without regard fo the
7-4/2% change In emount of payment cap sel forth In Section 30) above,
| understand that | may voluntanly change the payment mode from biweekly to monthly at eny time by alving wrtan notice to
Lender at least 60 days in advance of the date on which I wish the change to take effect, If plve Lender such notice, Lender wil
then provide me with vrten notice of the amount ofthe monthly payment and tho date the fc monthly paymont shall be due. |
may be requlted to pay a processing fee and slgn Modification Agreement with Lender converting my loan lo & monthly payment
Joan, | undorstand that should the payment mode be changed from biveakly fo monthly ellher Voluntaily or due to an event of
default wil not be reversibie,
Inthe event that my payment mode Is changed from biweekly fo monthiy, Interest will be charged thereaRer on the basis of a
412 month year anda 30-day month. The Interest Rate | Will pay will change on the frst monthly payment date and on the eamo day
‘every month thereafter, This revised Interest change date will be substituted for the definion of Inlerest Change Dale Included in
Section 2(B) above. The "Payment Change Dale" ao defined In Seollon 3(0) above wll chenge to be the date the payment Is
‘hanged from a biweekly to a monthly payment as described above tn this Section 7(0) and on that day every 12 monthe thereafter
(0) Notice of Defautt
1am in default, the Lender may send me a virlten notice, called "Notice of Default" telng me that If 1 do nol pay the
‘overdue amount by a certain date, the Lender may require me {o pay Immediately the amount of Principal which has not been pald
‘and all the Interest that ! owe on that amount, plus any other amounts due under the Security Instiwment, —-.___ =
{€) No Waiver by Lender
Even If, ata time when | am In default, the Lender does net require me to pay Immediately full or change my loan type from
biweekly to monthiy at that tIme as described above, the Lender wil stil have the raht to do so If am In default at a later timo,
(F) Payment of Lender's Costs and Expens
‘The Lender wil have the right to be pald back by me forall of It coste and expences In enforcing this Note fo the extent not
probibted by applicable law. Those expenses may Include, for example, reasonable attomeys' fees and court costs,
82640 (2004.03) BIWEEKLY ARM : FL
Page 4 G G8, GIVING OF NOTICES
Untess applicable law requires a different method, any natloe that must bo given to me under this Note will be given by
delivering It or by malting It by first class mall to me or any Borrower at 8864 NW 67TH MANOR, CORAL SPRINGS, FL
39076-2892 or al a single alternative address If| give the Lender notice of miy ateinative address, | may give nolice to Lender of a
‘change of my address In writing or by calling Lenders customer service telephone number provided on my billng statement, | may
designate only one mailing address ata ime for notification purposes.
Except as permitted above for changes of address, any notice thal must be glven fo the Lender under this Note willbe given
‘by malting it by first class mall to the Lender at 1801 HARRISON STREET, OAKLAND, CALIFORNIA 04642, or al a different
address if| am glvon a nollce of that different address,
©. OBLIGATIONS OF PERSONS UNDER THIS NOTE
more than ene pereon signs this Note, each person Is ful and personally obligated to Keep al ofthe promisos made In thie
Note, Including the promise fo pay the full amount owed. Any person Who takes over these obligations ls also obligated to Keep al
‘of the promises made in this Note. The Lender may enforce is ights under this Note against each person Indlvldually or against all
of us fogother, This means thal any one of us may be required fo pay al ofthe amounts owed under this Note,
10, WAIVERS
| and any other person who has obligations under this Note walve the rights of presenlment and notice of alshonor,
“Presentment” moans tho right to raqutr the Lender (o demand payment of amounts due, "Nollce of Dishonor” meane the right fo
requite the Lender to glve notice to other persons that amounts due have nol been pald,
‘11. SECURED NOTE - ACCELERATION
{In addition to the protections given to the Lender under this Note, the Securty Instrument dated the
‘lves the Lender security against which it may proceed If | do not Keep the promises which | made In thle Note, That Security
Instrument describes how and under what condillons | may be required to make Immediate payment in full of all amounts | owe
‘under thie Note and includes the following Paragraph 26:
AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROPERTY I$ SOLD OR TRANSFERRED
Accoleration of Payment of Sums Secured, Lender may, at He option, roquite Immediate payment in ful of af Sums
‘Secured by thls Securly Instrument If all or any part of the Property, or If any right In the Property, Is sold or transferred
without Lender’ prior witlen permission, Lender also may, at its option, require Immediate payment in ful if Borrower Is not &
natural Person and a beneficlal interest In Borrower Ie sold or transferred wihout Lender's prior wallen permission, However,
Lender shall not requite Immediate payment in full I this Is prohibited by Federal Law In affect on the date of the Security
Instrumer
Mt Lender exercises the option to require Immediate payment In ful, Lender will glve ma notice of accelerallon. If | fall fo pay
all Sums Sooured by thle Seourty Instrument immediately, Lender may then or thereafter Invoke any remedies permilted by
this Seourlty instrument without further notice fo or demand on me,
Exception to Acceleration of Payment of Sums Secured, If the sale or transfer of all or any part of the Property, or of a
beneficlel Interest in Borrower, if Borrower ts not a natural Person, Is the first ono to occur after the date of this Seourty
Instrument, Lender will not exercise the option to accelerate payment in full of at Sums Secured and the loan may be
assumed If
@ Lender recelves a completed writien application trom transferee fo avaluate the creditworthiness of transferes
{a mew loan were belng made tothe transferee by Lendor
(I) Lender approves the creditworthiness ofthe transferee In wating;
(i) transferee makes a cash downpayment sufficient to meet Lender's then current underwrting standards;
(¥) an assumption fee, in an ammount fo be determined by Lender (out not fo exceed 1% of the balance of principal
and Interest due under the Secured Notes at the time of sale or transfer of the Property or of the Inferest In the Borrower) Is
aldo Lender; and :
(¥) the transferee executes an ascumpllon agreement which Is ealsfactory to Lender, such assumption agreement
Providing for transferee opening a deposit account with Lendor, or with a bank or savings and loan which has been epproved
by Lender, fo dlrect payment a8 provided inthe secured notes,
‘The loan may be assumed under its then existing terms and conditlons with one exception; the Lileime Rate Cap may be
changed, The Lifetime Rata Cap shall be changed to en Interest rate which lathe sum of the Interest ate in effect on the dale
of a sale or transfer of the Property or beneficia interest In Borrower plus 6 percentage points, If that sum excea
Ufetime Rate Cap stated in the Secured Not
SD264E (2004.03.2) 7 BIWEEKLY ARM rb
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42, GOVERNING LAW; SEVERABILITY
‘This Note shall be governed by and construed under federal law and federal rules and regulations Including those
for federally chartered savings institu(tons, called "Federal Law." In the event that any of the terms or provisions of this Note
fare Interpreted of construed by a court of competent Jutsdiction lo be vol, Invalid or unenforceable, euch desiston shall affoct only
{those provisions so construed or interpreted and shal not affect the remaining provisions ofthis Not
49. CLERICAL ERRORS _
Inthe event the Lender at any time dlecovers that this Note or the Security Instrument or any other document related to this
loan, called collectively the "Loan Documents," contains an error which Was caused by a clerical mistake, calculation error,
computer error, printing error or similar error, | agree, upon nolice ftom the Lender, to reexecule any Loan Documente thal are
‘necessary to correct any such error(s) and { also agree that | will not hold the Lender responsible for any damage to me which may
‘esull (om any such error.
14, LOST, STOLEN OR MUTILATED DOCUMENTS
any of the Loan Documents are lost, stolen, mutilated or destroyed and the Lender dellvers to me an Indemnification In my
favor, elgned by the Lender, then | will elgn and dellverto the Lender @ Loan Document Idenilcal In frm and content which wil have
the effect ofthe original forall purposos,
‘THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS,
‘SD 254F (2004-03-9) BIWEEKLY ARM, FL
Pogo 6 a.SIGNATURE PAGE a
NOTICE TO BORROWER(S):
BY SIGNING THIS NOTE YOU AGREE TO PAY A PREPAYMENT CHARGE IN CERTAIN
CIRCUMSTANGES. PLEASE CAREFULLY READ THIS ENTIRE NOTE (INCLUDING THE
PREPAYMENT PROVISION) BEFORE YOU SIGN IT.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
{PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW)
BORROWER(S):
|
]
(Seal)
SK) ALCHIO MEE OT YAR
HAMAS HET
AVAB SUAIYAR CHOW
LaQIAE AAC A
‘SD254 (2004.03-1) W144 (2004-03-01)) Page Tot 7 66 UDO Yao AK,
ae
RAIOLEU
TA SARWITHOUT RECOURSE
PAY TO THE ORDER OF
Wels Fra nk i nab mari to
Wachovia Mortgage, £$8, formely known as
Wana sane lank, FSB
ob oleh
‘Angela Deanna Lacsamana-Keller
Vice President Loan Documentation
PAY TO.
THE SAN YORK
as
WORLD seyi
|
|
RIDER TO SECURITY INSTRUMENT.
AND MODIFICATION TO NOTE
Fixed Rate Option Feature
DATE: 08/04/08 LOAN NUMBER: |
FOR VALUE RECEIVED, the undersigned (the "Borrower") agrees that the following
Provisions shall be incorporated ino the Note and Security Instrument of even date herewith which
were executed by the Borrower, The Security Instrument was executed by the Borrower and creates a
len in favor of WORLD SAVINGS BANK, FSB, a FEDERAL SAVINGS BANK, ITS SUCCESSORS
AND/OR ASSIGNEES (‘Lender’).
This Rider to Seourity Instrument and Modification ("Rider and Modification’) Is attached to
the Security Instrument. To the extent that the provisions of this Rider and Modification are
Inconsistent with the provisions of the Note and the Securily instrument, the provisions of this Rider
and Modification shall prevail and shall supersede any such inconsistent provisions In the Note and
‘the Security Instrument. Except to the extent modified by this Rider and Modification and other rider(s)
and modification(s), if any, the provisions of the Note and the Security Instrument shall rematn In full
force and effect. Any capitalized term not defined In this Rider and Modification shall have the
meaning glven to such term in the Note or the Security Instrument.
A Conversion Option; Conversion Period
The Borrower has the right to convert the adjustable rate of Interest under the Note to a
fixed rate of interest (the "Conversion Option") at any time beginning on the first regularly scheduled
payment due date following the date the Borrower could first prepay the loan in full without paying a
Prepayment charge under the terms of the Note, and continuing until the day Immediately prior to the
seventh anniversary of the Borrowers first regularly scheduled payment due date under the Note (the
“Conversion Period’), Uniess exercised by the Borrower during the Conversion Period, the Conversion
Option will expire and the adjustable Interest rate provisions In the Note wil remain in full force and
effect, Once the Borrower exercises the Conversion Option, the Note cannot later be converted back
to an adjustable interest rate.
Ifthe Borrower's loan is payable in biweekly Installments, and if the Borrower exercises the
Conversion Option, the Borrower's payment schedule urider the Note will automatically convert to
monthly Installments and the toan will be due in full on the non-accelerated Maturity Date stated in the
Note. fi
‘OQ
LENDER'S USE ONLY
G6
SD444A (2004-031) {AOL (2004.03-1] Paget FL
BROKER COMPENSATION8. Conditions to Exercising the Conversion Option
The Borrower can exercise the Conversion Option only if the Borrower has: () made all of
the payments due under the Note and the Security Instrument prior to the exercise of the Conversion
Option; (i) made no more than two (2) payments under the Note more than 15 days after thelr
Tegularly scheduled due dates during the 12-month period immediately preceding the exercise of the
Conversion Option; and (i) met all other tems and conditions of the Note and the Security
instrument.
c, Calculating the Fixed Rate
The fixed rato of interest that will apply upon the exercise of the Conversion Option (the
“Conversion Rate") will be calculated by adding 0, 550 percentage points to the then ourrent Federal
National Mortgage Assoclation's required net yleld for 30-year fixed rale mortgages covered by
applicable 60-day mandatory delivery commitments [expressed as a percentage] (the "FNMA Rate"),
This calculation will be made at the time and In the manner described in paragraph D of thls Rider and
Modification. Any perlodic interest rate change limitation in the Note will not apply to the fixed rate
conversion, but in no event will the Conversion Rate be higher than the lifetime interest rate cap set
forth in the Note,
‘The Borrower understands that the FNMA Rate fluctuates and that the fixed rates available
during the Conversion Perlod may be substantlally higher than the fixed rate avaliable at the time the
Borrower's loan Is made. in the event the FNMA Rate Is no longer quoted, the Lender will select an
alternative rate source,
‘The Borrower may ask for the then current FNMA Rate by calling the Lender's fixed rate
conversion representatives at the toll-free customer service number given on the Borrower's monthly
statement,
D, Exercising the Conversion Option
To exercise the Conversion Option, the Borrower will take and complete the following
‘steps before the end of the Conversion Period.
1, Lock-in the Fixed Conversion Rate
The Borrower will first obtain a Conversion Rate from the Lender by calling the Lenders
fixed rate conversion representatives at the toll-free customer service number given on the Borrower's
most recent monthly statement, The Lender will calculate the Conversion Rate as of thal day, using
the last quoted FNMA Rate from the Immediately preceding business day. The Converston Rate will
‘be binding on the Borrower and the Lender for fourteen (14) days (the "Exercise Period") following the
Borrower's telephone confirmation of the desire to exercise the Conversion Option,
2. Notice to Convert; Conversion Fee
After the Borrower obtains the Conversion Rate In the manner set forth ‘above, the Lender
will furnish the Borrower with a written notice to convert (the "Conversion Notice"). The Borrower will
sign the Conversion Notice and return it to the Lender along with a conversion fee of U,
$200.00 (the "Fee", Notwithstanding any notice provision to the contrary in the Note or ti
‘Security Instrument, the Conversion Option will be exercised only if the Conversion Notice and
Fee are actually received at World Savings, Attn; Customer Service Administration, 4101
Wiseman Boulevard, Bldg. 106, San Antonio, Texas 78264, or at such
GGother address as designated by the Lender in the Conversion Notice, prior to the end of the
Exercise Perlod; otherwise, the Borrower must obtain a new Conversion Rate and start a new
Exercise Period, The Borrower bears all risk of delivery, Including, without limitation, the risks
of non-delivery, misdelivery, loss or destruction.
Notwithstanding anything to the contrary in this Rider and Modification, if the Borrower fails
for any reason to exercise the Conversion Option In the manner described above after obtaining three:
(3) Conversion Rates and Exercise Periods, the Convorsion Option will terminate and can no longer
be exercised,
E. lew Mont! 21 10uN
‘The Lender will calculate the Borrower's new monthly principal and interest payment after
tecelving the signed Conversion Notice and Fee during the Conversion Period, The Borrower's new
monthly payment will be an amount suficent to pay, in substantlally equal payments by the Maturity
Date, the unpald prinolpal balance of the Note (Inoluding any Deferred Interest) plus interast charged
at the Conversion Rate. The payment change limitations in the Note do not apply to the fixed rate
conversion,
ifthe Lender receives the Conversion Notice and Fee fifteen (15) days or more before the
last day of the calendar month in which the Conversion Notlce and Fee are received, unpaid principal
will accrue interest at the Conversion Rate beginning on the fifteenth (15th) day of the following
calendar month. If the Lender recelves the Conversion Notice and Fee less than fifteen (15) days
before the last day of the calendar month in which the Conversion Notice and Fee are received, unpaid
principal will accrue interest at the Conversion Rate beginning on the fiteenth (15th) day of the second
following calendar month. The date on which the Conversion Rate Is first in effect Is called the
“Conversion Date." Interest will continue to acorue on unpald principal in accordance with the
adjustable interest rate provisions of the Note up to, but not Including, the Conversion Date, The
Borrower will continue to make all regularly scheduled biweekly payments In accordance with the
adjustable Interest rate provisions of the Note through and Including any payment that falls due on the
Conversion Date. interest that accnies at the adjustable rate from the last ‘scheduled biweekly payment
until the Conversion Date will be added to principal and Interest on it will accrue al the Conversion
Rate. The Borrower's first monthly instalment payment will be due one month from the Conversion.
Dale. Subsequent monthly payments will be due on the same day of each following month.
For example, if the Lender receives the Conversion Notice and Fee on March 10, which Is
more than fifteen (15) days before the end of that month, the Conversion Rate will frst be charged on
April 18 and the new monthly payment amount wil first be due on May 16, The adjustable rate will be
jarged through April 14 and the Borrower pays all scheduled biweekly payments due through and
Including April 18, If the Conversion Notice and Fee were received ‘March 20, which Is less than 15
days hefore the end of that month, the Conversion Rate would be charged beginning on May 15 and
the first fixed rate monthly payment would be due June 16, The adjustable rate would be charged
through May 74 and the Borrower would pay the biweekly payments due through and Including May
18.
The Lender will notify the Borrower of the amount and effective date of the new fixed-rate
monthly payments,
Fr oan Not Assur and Dus-On-Sale After Conversion to a Fixes
Notwithstanding any provision to the contrary contained in the Note or the Security
Instrument, ifthe Borrower exercises the Conversion Option, the Borrower's loan may not be assumed
by any other person. Ifthe Bortower sells or transfers all or part of the Property after exercising the
Conversion Option, then the Lender may, at any time, require the Borrower to pay Immediately and in
{ull all amounts owing under the Note and the Security Instrument, If the Borrowers loan is otherwise
assumable, a person who assumes the loan secured by the Seourlly instrument prior to the exercise
of the Conversion Option also assumes the Conversion ‘Option on the terms and conditions set forth in
this Rider and Modification,
SD4440 (2004-03-1) [001 @004-03-4) G
BUWEEKLYwate .
IN WIPWESS WHEREOF, the undersigned has exeouled this Rider and Modification on the
LED __ day of, S ;
(PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW)
Léa Cae Mee eel
: aS
Noten Coomer, MO ee wens, PRT GHA CED, Wl THE
Lie ‘Tt L, (Seal)
GEORGE GooDMAN
Mailing Address; 9864 NW 57TH MANOR, CORAL SPRINGS, FL 33076-2832
ATTACH INDIVIDUAL NOTARY ACKNOWLEDGEMENT .
THIS INSTRUMENT PREPARED BY: DORRIE BRENNAN
P.O. BOX 659648
SAN ANTONIO, TX 78265-9548
‘80444 (200403-1) Pogedof4
0a (2004-09-19 -
FLeee eo: 8
7 ‘RECORDING REQUESTED BY:
WORLD SAVINGS BANK
CJ CAMPBELL
WHEN RECORDED MAIL To:
Tile Concept & Escrow Services, Inc,
9050 Pines Boulevard, Suite 415
Peuibroke Pines, FL 33024 INSTR # 106387418
OR BK 42611 Pi
(954) 272-6150 ph / (954) 272-6151 fox RECORDED OB/06 1210040
BROWARD COUNTY COMMISSION
DOC STMP.M: $455.00
INT TAX: I $260,00
LOAN NUMBER a DEPUTY CLERK 2060
#2, 19 Pe
NOTE AMOUNT: $130,000.00
"FOR RECORDER'S USE ONLY
MORTGAGE
a ISA FIRST MORTGAGE hon pecuRes ah a WHICH CONTAINS RRovisions
ALLOWING CHANGES | FREQUENCY AND Al
PAYMENTS: AND PRINCIPAL. BALANCE (CLUDING 1G FUTURE povaNices, AND OEPERRED
INTERES | . AT LENDER'S OPTION THE SECURED NOTE MAY BE RENEWED OR
ATED. THE SECURED NOTE PROVIDES FOR BIWEEKLY PAYMENTS OF
PRINCIPAL AND INTEREST.
THE MAXIMUM AGGREGATE PRINCIPAL BALANCE SECURED BY THIS MORTGAGE [tS
$162,500.00 WHICH IS 125% OF THE ORIGINAL PRINCIPAL NOTE AMOUNT.
L DEFINITIONS OF WORDS USED IN THIS MORTGAGE
(A) Security Instrument, The Mortgage, which is dated August 4, 2006 will be called the
“Security Instrument."
(8) Borrower, GEORGE GOODMAN, AN UNMARRIED MAN.
Received
FEB Zu 2007
Deanna Acree
sometimes will be called "Borrower" and sometimes simply
me.”
8h, Lender, WORLD SAVINGS BANK, FSB, ITS SUCCESSORS AND/OR ASSIGNEES, will
be called "Lender." Lender Is a FEDERAL SAVINGS BANK, which Is organized and exists under the laws of
‘the United States, Lender's address Is 1901 Harrison Street, Oakland, CA 94642,
{D) Note. The note signed by Borrower and having the same date as this Seourily Instrument,
including all extensions, renewals, substitutions and modifications thereof, will be called the "Note." The Note
‘shows that | owe Lender the original principal amount of U.S, $130,000.00 ("Note Amount’), plus accrued
and deferred interest and such other amounts as stated in the Note. | have promised to pay this debt In full
by August 28, 2036.
{E) Property, The property that Is described below in Sectlon Ill entitled “Description of the
Property" will be called the "Property."
(F) Sums Secured. The amounts described below in Section tl entitled "Borrower's Transfer of
Rights In the Property" sometimes will be called the "Sums Secured,"
(6) Person, Any person, organtzalion, governmental authority or other party will be called
co | [MINN
‘SDO10A (2004-10-4) MORTOAGE-ADJUSTABLE, ru
‘DEFERRED INTEREST Poet LENDER'S USE ONLY.|
il | BORROWER'S TRANSFER OF RIGHTS IN THE PROPERTY
| morigage, irrevocably grant and convey the Property to Lender subject to the terms of this Security
Instrument. This means that, by signing this Security Instrument, | am giving Lender those rights that are
stated in this Security Instrument and also those rights that the law gives to lenders who hold morigages on
real property. | am giving Lender these rights to protect Lender from possible losses that might result If | fall
to:
( _ pay all amounts owed to Lender under the Note and all other notes secured by this
Security Instrument, called the "Secured Notes," Including future advances made by Lender and any
changes to the Secured Notes made with the written consent of Lender:
(i) pay, with Interest, any amounts that Lender spends under Paragraphs 2 and 7 below to
protect the value of the Property and Lender's rights in the Property; and
(i) kesp all of my other promises and agreements under this Security Instrument, the Secured
Notes and any changes to the Secured Notes made with the written consent of Lender,
m DESCRIPTION OF THE PROPERTY
I give Lender rights in the Property desoribed below:
The property which is located at 9964 NW 57TH MANOR, CORAL SPRINGS, FL-
33076-2832, The legal description of the Property is attached as Exhibit "A" which Is made a part of this
Security Instrument, This Property is called the "Described Property."
() Allbulldings and other improvements that are located on the Desoribed Property;
(i) All rights in other property that | have as owner of the Described Property. These rights are
known as easements, rights and appurtenances attached to the Property;
()_Allrents or royalties and other income from the Desoribed Property;
(v) All mineral, oll and gas rights and profits, water rights and stock that are part of the
Described Property;
(W)_Allrights that | have in the land which lies in the streets or roads in front of, behind or next
to, the Described Property;
(vil) _ All fixtures thal are now or In the future will be on the Desoribed Property or on the property
described in subsection (il) of thls Section;
(vill) Ail of the rights and properly described In subsections (jl) through (vil) of this Section that |
acquire in the future;
(X)__ All replacements of or additions to the property described In subsections (li) through (vill) of
thls Section; and
(x) All ofthe amounts that | pay to Lender under Paragraph 2 below. —-— . —
IV. BORROWER'S RIGHT TO GRANT A SECURITY INTEREST IN THE PROPERTY AND
BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY
Upromise that; (i) | lawfully own the Property; (i) | have the right to mortgage, grant and convey the
Property to Lender; and (li) there are no outstanding claims, charges, liens or encumbrances against the
Property, except for those which are of public record.
| give a general warranty of thle to Lender. This means that | will be fully responsible for any losses
which Lender suffers because someone other than myself has some of the rights in the Property which |
promise that | have. | promise that | will defend my ownership of the Properly against any olaims of such
| GG
‘SDOt0B (2004-40-4) MORTOAGE-ADJUSTABLE A
Pago?:
i
i
COVENANTS
| promise and I agree with Lender as follows:
1, BORROWER'S PROMISE TO PAY
1 will pay to Lender, on time, all principal and interest due under the Secured Noles and any
prepayment and late charges due under the Secured Notes.
2, PAYMENTS FOR TAXES AND INSURANCE
(A) Borrower's Obligations
| will pay all amounts necessary to pay taxes and hazard insurance premlums on the Property
as well as assessments, leasehold payments, ground rents or mortgage Insurance premiums (if any).
(B) Escrow Accounts
‘Subject to applicable law, no escrow shall be required except upon written domand by Lender,
in which case, | shall pay to Lender on the day payments are due under the Note, until the Note Is,pald In
full, a sum ("Funds") for: (a) yearly taxes, penalties and assessmonts which may attain priority over this
‘Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property,
if any; (¢) yearly hazard or property Insurance premiums; (d) yearly flood insurance premiums, if any; and (e)
yearly mortgage Insurance premiums, if any. These items are called "Escrow Items." Lender may, at any
time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally
related mortgage loan may require for an escrow account under the federal Real Estate Settlement
Procedures Act of 1974 as amended from time (o time, 12 U.S.C. § 2601 at seq. ("RESPA"), unless another
Jaw that applies to the Funds sets a lesser amount, If so, Lender may, al any time, collect and hold Funds in
an amount not fo exceed the lesser amount, Lender may estimate the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of fulure Escrow Items in accordance with applicable
law.
The Funds shall be held In an Institution whose deposits are insured by a federal agenoy,
instrumentality, or entity (including Lender, If Lender is such an institution) or in any Federal Home Loan
Bank. Lender shall apply.the Funds to pay
Preview
Case Number: CACE-15-012974 Division: 11 Filing # 29784884 E-Filed 07/17/2015 12:48:20 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA WELLS FARGO BANK, N.A., CASE NO. Plaintiff(s), DIVISION VS. GEORGE GOODMAN A/K/A GEORGE T. GOODMAN; IRMA OLIVARES; UNKNOWN SPOUSE OF IRMA OLIVARES; CORAL REEF CLUB HOMEOWNERS, ASSOCIATION, INC.; UNKNOWN SPOUSE, OF GEORGE GOODMAN AKA GEORGE T. GOODMAN; AMTRUST BANK, A DIVISION OF OHIO SAVINGS BANK; UNKNOWN TENANT 1, UNKNOWN TENANT 2, UNKNOWN TENANT 3, UNKNOWN TENANT 4, the names being fictitious to account for parties in possession, Defendant(s). VERIFIED COMPLAINT FOR RESIDENTIAL FORECLOSURE Comes now, the Plaintiff, WELLS FARGO BANK, N.A. by and through the undersigned counsel, and hereby sues Defendants, alleging: COUNT ONE: FORECLOSURE 1. This is an action to foreclose a Mortgage on real property located in Broward County, Florida. 2. The subject Promissory Note (“Note”) dated August 1, 2006, was executed and delivered to Plaintiff or Plaintiff's predecessor in interest. The subject Mortgage securing payment of the Note was recorded on or about August 17, 2006, in Official Records Book 42611, at Page 1175-4000B 032-FL-V4 ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/17/2015 12:48:19 PM.****1446, of the Public Records of Broward County, Florida, and mortgaged the subject real property then owned by and in possession of the mortgagor(s). A copy of the subject Promissory Note and Mortgage are attached hereto and incorporated herein. 3. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in | | interest, 4. Plaintiff is the holder of the Note and entitled to enforce the terms thereof as Plaintiff is in | possession of the original Note endorsed in blank. 5. GEORGE GOODMAN A/K/A GEORGE T. GOODMAN has defaulted under the covenants, terms and agreements of the Note in that the payment due November 10, 2014, and all subsequent payments have not been paid. 6. GEORGE GOODMAN A/K/A GEORGE T. GOODMAN has defaulted under thie bovenanits terms and agreements of the Mortgage by virtue of failure to make the payments due under the terms of the Note. 7, GEORGE GOODMAN A/K/A GEORGE T. GOODMAN owes Plaintiff $137,722.12 that is now due and owing on principal, plus interest from and after October 27, 2014 and title search expenses for ascertaining necessary parties to this action. 8. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be required to make such advances during the pendency of this action. Any such sum so paid will be due and owing Plaintiff. 1175-4000B 032-FL-V49. The record legal title to said mortgaged property is now vested in Defendant(s), GEORGE GOODMAN A/K/A GEORGE T. GOODMAN and IRMA OLIVARES and upon information and belief Defendant(s) hold possession. 10. All conditions precedent to the acceleration of this Note and foreclosure of this Mortgage have been fulfilled and have occurred. 11. For purposes of foreclosure, the Plaintiff has retained the undersigned attorneys and is | obligated to pay said attorneys a reasonable fee for services rendered. 12. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and subject to the prior claim of Plaintiff. More particularly, the remaining Defendants claim some right, title and interest in and to the mortgaged premises in the following manner: a. The Defendant, UNKNOWN SPOUSE OF IRMA OLIVARES, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of potential Homestead rights or interests; however, said interests, if any, are : subordinate, junior, and inferior to the lien of Plaintiff's mortgage. b. The Defendant, CORAL REEF CLUB HOMEOWNERS ASSOCIATION, INC. \ may claim some right, title or interest in the property herein sought to be foreclosed by virtue of a Declaration of Covenants, Conditions and Restrictions, association dues, or assessments. Plaintiff holds a first mortgage. Therefore, said interests, if any, are limited under Florida Statutes 720.3085(2)(c) or 718.116(1)(b)(1) as appropriate, should Plaintiff or its successors or assigns take title. c, The Defendant, UNKNOWN SPOUSE OF GEORGE GOODMAN AKA GEORGE T. GOODMAN, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of potential Homestead rights or interests; however, said 1175-4000B 032-FL-V4interests, if any, are subordinate, junior, and inferior to the lien of Plaintiff's mortgage. The Defendant, AMTRUST BANK, A DIVISION OF OHIO SAVINGS BANK, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of that certain Mortgage recorded in Official Records Book 43132, at Page 844 of the Public Records of Broward County, Florida; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. The Defendants, UNKNOWN TENANT 1, UNKNOWN TENANT 2, UNKNOWN TENANT 3, UNKNOWN TENANT 4 the names being fictitious to account for parties in possession, may claim some right, title or interest in the property herein sought to be foreclosed by virtue of possession or some other unknown interest, the exact nature of which is unknown to Plaintiff and not a matter of public record; however, said interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage. WHEREFORE, Plaintiff prays the Court as follows: | Plaintiff requests that the Court ascertain the amount due Plaintiff for principal and interest on the Note and Mortgage and for late charges, abstracting, taxes, expenses, and costs, including attorney’s fees, plus interest thereon; that if the sums due Plaintiff under the Note and Mortgage are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiffs mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2006); that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be necessary and proper, including the issuance of a writ of possession and the entry of a 1175-4000B 032-FL-V4j | | i { deficiency decree, unless any Defendant personally liable is discharged from liability pursuant to the provisions of the Bankruptcy Code, 11 U.S.C. § 101, et.seq. VERIFICATION Under penalty of perjury, I declare that I have read the foregoing Verified Complaint for Residential Foreclosure and the facts alleged therein are true and correct to the best of my knowledge and belief. 1175-4000B 032-FL-V4 Printed Name:_Adriana R. Caballes As The:__Vice President Loan Documentation For: Wells Fargo Bank, N.A. Date:, July 06, 2015 Aldridge Pite, LLP Attorney for Plaintiff(s) 1615 South Congress Avenue Suite 200 Delray Beach, FL43445 Phone: 561.392,.8391/Fax: 561.392.6965“CERTIFICATION OF POSSESSION OF ORIGINAL PROMISSORY NOTE 1, My name is SANTA DELGADO and I am VICE PRESIDENT LOAN DOCUMENTATION of WELLS FARGO BANK, N.A. 2. WELLS FARGO BANK, N.A. is in possession of the original promissory note (“Note”) dated AUGUST 1, 2006 and executed by GEORGE GOODMAN. A copy of the Note with all allonges, if any, is attached hereto and incorporated by reference as Exhibit “A”. 3. I verified WELLS FARGO BANK, N.A.’s possession of the Note by reviewing the Note at 4101 WISEMAN BLVD, SAN ANTONIO, TEXAS, 78251 on 4/15/2015 at 9:40 A.M.. 4, Under penalty of perjury, I declare that I have read the foregoing Certification of Possession of Original Promissory Note and the facts stated in it are true. WELLS FARGO BANK, N.A. Signature: Werk Qs $f L Name: __ SANTA DELGADO Title: Vice President Loan Documentation Company: WELLS FARGO BANK, N.A. ' | | |WORLD SAVINGS BANK, FSB. ADJUSTABLE RATE MORTGAGE NOTE PICK-A-PAYMENT LOAN GDW AVERAGE DEPOSIT ACCOUNT RATE (COST OF SAVINGS) INDEX BIWEEKLY PAYMENT ‘THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE, MY BIWEEKLY PAYMENT AND MY UNPAID PRINCIPAL BALANCE. MY BIWEEKLY PAYMENT INCREASES, MV INTEREST RATE INCREASES AND MY PRINCIPAL BALANGE INCREASES ARE LIMITED, THIS NOTE IS SECURED BY A SECURITY INSTRUMENT (OF THE SANE DATE, on uvecr a DATE: August 4, 2008 BORROWER(S); GEORGE GOODMAN, AN UNMARRIED MAN sometimes called "Borrower" and sometimes simply called “Portme.* PROPERTY ADDRESS: 9964 NW 57TH MANOR, CORAL SPRINGS, FL 33076-2832 4, BORROWER'S PROMISE TO PAY {mn return for a loan that | have recelved, | promise to pay U.S. $130,000.00, called "Prinelpal plus interest to the order of the Lender, The Lender Is WORLD SAVINGS BANK, FSB, a FEDERAL SAVINGS BANK, , ITS SUCCESSORS ANDIOI ASSIGNEES, or anyone to whom this Note Is transferred, 7 2, INTEREST (A) Interest Rate Interest will be charged on unpaid Principal untl the full amount of Principal has been pald. 1 will pay Interest at the yearly Tate of 7.390%, The Interest rate may change es described In this Saction 2, Interest wil be charged on the basls of a 84-day Year, divided inlo 28 segments of two Weeks each, ‘The Interest rate required by this Section 2 Is the rate | will pay both before and ater any default described in Section 7(B) of this Note, (8) Interest Change Dates. ‘The interest rate { wil pay may change on the 26th day of September, 2006 and on every other Monday thereafter, Each date on which my interest rate could change Is called an “Interest Change Date." The new rate of interest wil become elfecive on ‘each inlerest Change Date, AEG. oo 4 ‘SD264A (200402) BIWEEKLY ARM FL Pogo LENDER'S USE ONLY(My ifotime maximum interest rate limits 11.950% called "Lifetime Rate Cap," (0) index Beginning with the ft interest Change Date, my interest rate wil bs based on an "Index." The Index Is the welghled average ‘of the Interest rates In effect as of the last day of each calender month on the deposit accounts of the federally insured depository Institution eubsidaries (‘Subsidiaries of Golden West Financial Corporation ("GDW’), as made avaliable by GDW, Included Inthe ‘deposit acocunts for purposes of the Index calculation are all ofthe Kems and adjustments that GOW uses to caleulate the tne fem ‘currently caled "cost of deposits” that appears in ite quartesy and annual reports to shareholders as well as In other fenclal ‘eports publely distributed by GDW. The Index dovs nol Include dopost accounts ovmed by GOW or Its Subsidlaries or other affllates, The calculation of the Index Includes adjustments for the effects of financial Instruments related to the depost accounts ‘and other adjustments determined by GOW in ite sole discretion as appropriate to accurately reflact the welghted average of Inlerest rates on tha deposit accounts. Ifan index Is substituted as described In Section 2(F) ofthis Note, the alternative Index wil ‘become the Index. The most recent index figure avallable on each Interest Change Date Is called the "Current Index.” {E) Calculation of Interest Rate Changes. Lender will calculate my new Inlerest rate by adding 3,460 percentage points, called the "Margin,* to the Current Index. ‘Subject to the limit stated In Section 2(C) above, the result of th calculation will be my new “Inlerest Rate" untll the next interest ‘Change Dato, Lender falls to ullize the entire interest rate Increase to which Ils eniiled under thie Note on any Interest Change Date by falling to add all or part ofthe allowable Margin to the Gurrant Indox, then Lender may add any such allowable Margin to the Current Index on any future Interest Chango Date. Lender may net F date, carryover or add interest {o which Its not entitled under this Note on any interest Change Date, {F) Alternative index ‘Tho Lender may choose an alternative Index to be the Index Ifthe Index le no longer available, For purposes of this Section 2{F), the index Is not Yavallable” I: (a) the Index Is for any reason no longer published; or (b) the Lender, In its sote dlscretion, dotermines thet the Indox Is caloulated In a substantially diferon! manner or based on substantial diferent information than atthe (ime the Index became applloable to this Note; or (e) applicable lawe or regulations prevent the Lender ftom using the Index to ,, calculate interest under this Note, The selection of the allerative Index shall be al Lenders sole discretion, The alternative Index ‘may be a nallonal or regional Index or another type of index approved by the Lender's primary regulator, The Lender wil giva mo role of the alfemative index. 3. PAYMENTS (A) Time and Place of Payments | will pay Prinoipal end interest by making payments every two weeks, { wil make my frst biweekly payment on September 14, 2006 and every other Monday thereafter, | wil make thees biweekly paymente until | have pad () all the Principal and interest; and (i) any other charges described below thal | may owe ‘under this Nole; and (ll) any charges that may be due under the Security Instrument. If, on AUgUst 28, 2036, | sill owe ‘amounts under this Note, I wll pay these amounts In full on that date, whlch is called the "Matutty Date.” | wil maintain a deposk account with Lender, or with @ benk or savings and loan which hias been approved by Lender, and keep suffclent funds In such deposit eccount to allow Lender to automaticaly withdraw my blweekly payment on each of the biweekly payment dates stated above, The sole purpose of tho deposit account Is to ensure payment of the blvvokly payments on the due-date of each payment and | Instruct and charge Lender fo withdraw the amount of each biweekly payment from the deposit ‘account on each due date without any further Instructions from me, (@) Amount of My initia Biweekly Payments Each of my intel biveckiy payments wil be in the amount of U.S. $ 224.33, Thie amount wil change as descibed in Seotlons 9(¢) and 3(0) below. My Intlal Biweekly payment amount was selected by me from a range of inllal payment amounts ‘approved by Lender and may not be auffclont to pay the entire amount of Interest accruing on the unpaid Principal balance, (C) Paymont Change Dates My biweekly payment will change as required by Section 3(0) below beginning on the 10th day of September, 2007 and every 62 Waeks thereater, Each of these dates Is called a “Payment Change Dale.” My biweekly payment wil algo chango at ary time Section 3(F) oF (0) below requirge me to pay a diferent amount, 4 will pay the amount of my new biveeky payment every olher Monday beginning on each Payment Change Date and as provided in Section 3(F) of 3(8) below. ‘SD254B (2004.03.9) {B01 (2004.03-0) BIWEEKLY ARM FL cost Page2(0) Catcutation of Payment Changes Subject fo Section 9(F) and 9(G), on the Payment Change Date my bieekly payment may be changed {o an emount ‘ufitent (0 pay the unpaid Prinolpal balance, Inoluding any deferred interest as described In Section 9(€) below, by the *Modiied Maturty Date.” The Modified Maturty Date [s the date on which this note will be pald after accounting for acceleration of the Payment schedule resulting from beekly payments rather than the monthly payment schedule used to calculate the Maturly Date § desortbad in Section 3(A) above, However, the amount by which my payment can be increased will not be more than 7-1/2% of the then existing Principal and Interest payment. This 7-1/2% limilallon ts called the "Payment Gap." The Lender will perform this Payment Change calculation at least §0 but not more then 80 days before the Payment Change Date. : (E) Deferred Interest; Additions to My Unpald Principal J From time (o ime, my blieekly payments may be Insufflent to pay the total amount of biweekly Interest that fs due, If ths ccccure, the amount of Interest that Is not pald each payment, called "Deferred interes,” wil be added to my Principal and wil | accrue interest atthe same rate as the Principal, {F) Limit on My Unpaid Principal; inoreased Biweekly Payment | My unpald Principal balance can never excoad 425% of the Principal orginally borrowed, called "Principal Balance Cap.” ] {f, as a result of the addition of Deferred Interest fo my unpald Principal balance, the Principal Balances Cap limitation would be ‘oxoeeded on the date that my bhvoekiy payments due, | wll instead pay a now biweeky payment. Notwithstanding Section 340) ‘and 3(0) above, {wll pay a new bveekly payment whlch Is equal (o en amount that vill be suffelet fo repay my then unpald | Péintpal balance in full onthe Mauiy Date atthe Interast rato thon In ee, tn substantially equal payments, 1 4 (@) Payment Gap Limitation; Exceptions. Beginning with the 40th Payment Change Date and every Sth Payment Change Date thereafter, my bhveekly payment will i be calculated as described in Section (0) above except that the Payment Cap linitallon wit not apply, Additionally, the Payment $ Cap limitation wl not apply onthe final Payment Changs Date, (H) Notice of Payment changes . ‘The Lender vill dellver or mall fo me a notice of any changes In the amount of my biweekly payment, called "Payment “ ‘Change Notice,” before each Payment Change Date, The Payment Change Notice will include Information required by law. { FAILURE To MAKE ADJUSTMENTS: If for any reason Lender falls to make an adjustment to the Inlerest rate or payment amount as described In this Note, regardless of any nollce requirement, | agree thal Lender may, upon discovery of euch fallure, then make the adNstments as i they hrad been mado on time. | also agree not fo hold Lender responsible for any damages to ma which may reeut ffom Lender’ fallure to make the adjustment and tole the Lender, atts option, apply any excess monies which { may have Pald to pera prepayment of ‘unpald Prinelpal. 5, BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal before it is du called a “Prepayment”. When | make a Prepayment, | will tell the Lender in writing that | am doing so, The Lender may require that any partial Prepayments be made on the date my regularly scheduled payments are due, If | make a partial Prepayment, there will be no changes in the due dates or amount of my regularly scheduled payments unless the Lender agrees to those changes in writing. | may pay deferred interest on this Note at any time without charge and such payment will not be considered a “Prepayment” of Principal. During the first 3 years of the loan term if | make one or more Prepayments that, in the aggregate, exceed | i $6,000 In any calendar month, | must pay a prepayment charge equal to 2% of the amount such Prepayments exceed $5,000 in that calendar month. After the first 3 years of the loan term, | may make a full or partial Prepayment without paying any prepayment charge, Hl sp2s40 g00403-9) BIWEEKLY ARMM rh GE:8, MAXIMUM LOAN CHARGES {1a law which applies to this loan and which sels maximum {oan charges Is finally interpreted so that the Interest or other foan, charges colleoled or to be cofected In connection with ths loan exceed the permiied mils, then () any such loan charge shall be reduced by the amount necessary to reduce the charge to the permited limit; and (I) any sums already collected from me which ‘exceeded permitted tims willbe refunded to me, The Lender may choose to make this refund by reducing the Principal | owe under {his Note or by making @ direct payment to me, If refund reduces Principal, the reduction wil be treated as a partial Propayment, 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments the Lender has not recelved the ful amount of any bWveekly payment by the end of 18 calondar days after the date i Is duo, | wil pay a late charge fo the Lender, The amount of the charge wil be 6.00 % of my overdue payment of Prinepal and Interest, | wl pay the ate charge promptly but only once on each late payment, (8) Default | willbe in default () I do not pay the fullamount of each biweekly paymonton the date Its due; or (li) fall to perform any of ‘my promises or agreements under this Note or the Security Instrument or (ll) any statement made In my appllation for this loan, ‘was materially false or misleading or if any statement in my applicaton for this loan was materally false or misleading by reason of ‘my ornlasion of certal facts; or (iv) Ihave made any other statement fo Lenier In connection with this loan that Is materially false or misleading. (C)” Default -Change to Monthly Payments. 111 fallto have sufficient funds In my deposit account to make my bivookly paymont on the date my biweekly payment Is due ‘on two occasions In any 12 month period or four occasions any me prior fo the Maturity Date or If @ gamishment, attachment or ‘selzure fs made of or against my deposit account, then | will be In defaut and Lender will have @ right, bul not a duly, to change my {oan to one with payments due monthly Instead of biweekly, I the Lender chooses to change my loan (o one with payments due ‘monthly, Lender wil provide me vith writen notice of the change at Ieast 90 daye In advance of the date the fst monthly payment {1s due, This note wil also specify the amount ofthe monthly payment and the date the first monthly payment Is due, in such event, Inferest on the loan balance from the last date interest was pald to the fist date of the month preceding the date the first monthiy payment Is due wil be added to my loan balance, The amount of the first monthly payment willbe determined without regard fo the 7-4/2% change In emount of payment cap sel forth In Section 30) above, | understand that | may voluntanly change the payment mode from biweekly to monthly at eny time by alving wrtan notice to Lender at least 60 days in advance of the date on which I wish the change to take effect, If plve Lender such notice, Lender wil then provide me with vrten notice of the amount ofthe monthly payment and tho date the fc monthly paymont shall be due. | may be requlted to pay a processing fee and slgn Modification Agreement with Lender converting my loan lo & monthly payment Joan, | undorstand that should the payment mode be changed from biveakly fo monthly ellher Voluntaily or due to an event of default wil not be reversibie, Inthe event that my payment mode Is changed from biweekly fo monthiy, Interest will be charged thereaRer on the basis of a 412 month year anda 30-day month. The Interest Rate | Will pay will change on the frst monthly payment date and on the eamo day ‘every month thereafter, This revised Interest change date will be substituted for the definion of Inlerest Change Dale Included in Section 2(B) above. The "Payment Change Dale" ao defined In Seollon 3(0) above wll chenge to be the date the payment Is ‘hanged from a biweekly to a monthly payment as described above tn this Section 7(0) and on that day every 12 monthe thereafter (0) Notice of Defautt 1am in default, the Lender may send me a virlten notice, called "Notice of Default" telng me that If 1 do nol pay the ‘overdue amount by a certain date, the Lender may require me {o pay Immediately the amount of Principal which has not been pald ‘and all the Interest that ! owe on that amount, plus any other amounts due under the Security Instiwment, —-.___ = {€) No Waiver by Lender Even If, ata time when | am In default, the Lender does net require me to pay Immediately full or change my loan type from biweekly to monthiy at that tIme as described above, the Lender wil stil have the raht to do so If am In default at a later timo, (F) Payment of Lender's Costs and Expens ‘The Lender wil have the right to be pald back by me forall of It coste and expences In enforcing this Note fo the extent not probibted by applicable law. Those expenses may Include, for example, reasonable attomeys' fees and court costs, 82640 (2004.03) BIWEEKLY ARM : FL Page 4 G G8, GIVING OF NOTICES Untess applicable law requires a different method, any natloe that must bo given to me under this Note will be given by delivering It or by malting It by first class mall to me or any Borrower at 8864 NW 67TH MANOR, CORAL SPRINGS, FL 39076-2892 or al a single alternative address If| give the Lender notice of miy ateinative address, | may give nolice to Lender of a ‘change of my address In writing or by calling Lenders customer service telephone number provided on my billng statement, | may designate only one mailing address ata ime for notification purposes. Except as permitted above for changes of address, any notice thal must be glven fo the Lender under this Note willbe given ‘by malting it by first class mall to the Lender at 1801 HARRISON STREET, OAKLAND, CALIFORNIA 04642, or al a different address if| am glvon a nollce of that different address, ©. OBLIGATIONS OF PERSONS UNDER THIS NOTE more than ene pereon signs this Note, each person Is ful and personally obligated to Keep al ofthe promisos made In thie Note, Including the promise fo pay the full amount owed. Any person Who takes over these obligations ls also obligated to Keep al ‘of the promises made in this Note. The Lender may enforce is ights under this Note against each person Indlvldually or against all of us fogother, This means thal any one of us may be required fo pay al ofthe amounts owed under this Note, 10, WAIVERS | and any other person who has obligations under this Note walve the rights of presenlment and notice of alshonor, “Presentment” moans tho right to raqutr the Lender (o demand payment of amounts due, "Nollce of Dishonor” meane the right fo requite the Lender to glve notice to other persons that amounts due have nol been pald, ‘11. SECURED NOTE - ACCELERATION {In addition to the protections given to the Lender under this Note, the Securty Instrument dated the ‘lves the Lender security against which it may proceed If | do not Keep the promises which | made In thle Note, That Security Instrument describes how and under what condillons | may be required to make Immediate payment in full of all amounts | owe ‘under thie Note and includes the following Paragraph 26: AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROPERTY I$ SOLD OR TRANSFERRED Accoleration of Payment of Sums Secured, Lender may, at He option, roquite Immediate payment in ful of af Sums ‘Secured by thls Securly Instrument If all or any part of the Property, or If any right In the Property, Is sold or transferred without Lender’ prior witlen permission, Lender also may, at its option, require Immediate payment in ful if Borrower Is not & natural Person and a beneficlal interest In Borrower Ie sold or transferred wihout Lender's prior wallen permission, However, Lender shall not requite Immediate payment in full I this Is prohibited by Federal Law In affect on the date of the Security Instrumer Mt Lender exercises the option to require Immediate payment In ful, Lender will glve ma notice of accelerallon. If | fall fo pay all Sums Sooured by thle Seourty Instrument immediately, Lender may then or thereafter Invoke any remedies permilted by this Seourlty instrument without further notice fo or demand on me, Exception to Acceleration of Payment of Sums Secured, If the sale or transfer of all or any part of the Property, or of a beneficlel Interest in Borrower, if Borrower ts not a natural Person, Is the first ono to occur after the date of this Seourty Instrument, Lender will not exercise the option to accelerate payment in full of at Sums Secured and the loan may be assumed If @ Lender recelves a completed writien application trom transferee fo avaluate the creditworthiness of transferes {a mew loan were belng made tothe transferee by Lendor (I) Lender approves the creditworthiness ofthe transferee In wating; (i) transferee makes a cash downpayment sufficient to meet Lender's then current underwrting standards; (¥) an assumption fee, in an ammount fo be determined by Lender (out not fo exceed 1% of the balance of principal and Interest due under the Secured Notes at the time of sale or transfer of the Property or of the Inferest In the Borrower) Is aldo Lender; and : (¥) the transferee executes an ascumpllon agreement which Is ealsfactory to Lender, such assumption agreement Providing for transferee opening a deposit account with Lendor, or with a bank or savings and loan which has been epproved by Lender, fo dlrect payment a8 provided inthe secured notes, ‘The loan may be assumed under its then existing terms and conditlons with one exception; the Lileime Rate Cap may be changed, The Lifetime Rata Cap shall be changed to en Interest rate which lathe sum of the Interest ate in effect on the dale of a sale or transfer of the Property or beneficia interest In Borrower plus 6 percentage points, If that sum excea Ufetime Rate Cap stated in the Secured Not SD264E (2004.03.2) 7 BIWEEKLY ARM rb HG.i i i i | 42, GOVERNING LAW; SEVERABILITY ‘This Note shall be governed by and construed under federal law and federal rules and regulations Including those for federally chartered savings institu(tons, called "Federal Law." In the event that any of the terms or provisions of this Note fare Interpreted of construed by a court of competent Jutsdiction lo be vol, Invalid or unenforceable, euch desiston shall affoct only {those provisions so construed or interpreted and shal not affect the remaining provisions ofthis Not 49. CLERICAL ERRORS _ Inthe event the Lender at any time dlecovers that this Note or the Security Instrument or any other document related to this loan, called collectively the "Loan Documents," contains an error which Was caused by a clerical mistake, calculation error, computer error, printing error or similar error, | agree, upon nolice ftom the Lender, to reexecule any Loan Documente thal are ‘necessary to correct any such error(s) and { also agree that | will not hold the Lender responsible for any damage to me which may ‘esull (om any such error. 14, LOST, STOLEN OR MUTILATED DOCUMENTS any of the Loan Documents are lost, stolen, mutilated or destroyed and the Lender dellvers to me an Indemnification In my favor, elgned by the Lender, then | will elgn and dellverto the Lender @ Loan Document Idenilcal In frm and content which wil have the effect ofthe original forall purposos, ‘THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS, ‘SD 254F (2004-03-9) BIWEEKLY ARM, FL Pogo 6 a.SIGNATURE PAGE a NOTICE TO BORROWER(S): BY SIGNING THIS NOTE YOU AGREE TO PAY A PREPAYMENT CHARGE IN CERTAIN CIRCUMSTANGES. PLEASE CAREFULLY READ THIS ENTIRE NOTE (INCLUDING THE PREPAYMENT PROVISION) BEFORE YOU SIGN IT. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED {PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW) BORROWER(S): | ] (Seal) SK) ALCHIO MEE OT YAR HAMAS HET AVAB SUAIYAR CHOW LaQIAE AAC A ‘SD254 (2004.03-1) W144 (2004-03-01)) Page Tot 7 66 UDO Yao AK, ae RAIOLEU TA SARWITHOUT RECOURSE PAY TO THE ORDER OF Wels Fra nk i nab mari to Wachovia Mortgage, £$8, formely known as Wana sane lank, FSB ob oleh ‘Angela Deanna Lacsamana-Keller Vice President Loan Documentation PAY TO. THE SAN YORK as WORLD seyi | | RIDER TO SECURITY INSTRUMENT. AND MODIFICATION TO NOTE Fixed Rate Option Feature DATE: 08/04/08 LOAN NUMBER: | FOR VALUE RECEIVED, the undersigned (the "Borrower") agrees that the following Provisions shall be incorporated ino the Note and Security Instrument of even date herewith which were executed by the Borrower, The Security Instrument was executed by the Borrower and creates a len in favor of WORLD SAVINGS BANK, FSB, a FEDERAL SAVINGS BANK, ITS SUCCESSORS AND/OR ASSIGNEES (‘Lender’). This Rider to Seourity Instrument and Modification ("Rider and Modification’) Is attached to the Security Instrument. To the extent that the provisions of this Rider and Modification are Inconsistent with the provisions of the Note and the Securily instrument, the provisions of this Rider and Modification shall prevail and shall supersede any such inconsistent provisions In the Note and ‘the Security Instrument. Except to the extent modified by this Rider and Modification and other rider(s) and modification(s), if any, the provisions of the Note and the Security Instrument shall rematn In full force and effect. Any capitalized term not defined In this Rider and Modification shall have the meaning glven to such term in the Note or the Security Instrument. A Conversion Option; Conversion Period The Borrower has the right to convert the adjustable rate of Interest under the Note to a fixed rate of interest (the "Conversion Option") at any time beginning on the first regularly scheduled payment due date following the date the Borrower could first prepay the loan in full without paying a Prepayment charge under the terms of the Note, and continuing until the day Immediately prior to the seventh anniversary of the Borrowers first regularly scheduled payment due date under the Note (the “Conversion Period’), Uniess exercised by the Borrower during the Conversion Period, the Conversion Option will expire and the adjustable Interest rate provisions In the Note wil remain in full force and effect, Once the Borrower exercises the Conversion Option, the Note cannot later be converted back to an adjustable interest rate. Ifthe Borrower's loan is payable in biweekly Installments, and if the Borrower exercises the Conversion Option, the Borrower's payment schedule urider the Note will automatically convert to monthly Installments and the toan will be due in full on the non-accelerated Maturity Date stated in the Note. fi ‘OQ LENDER'S USE ONLY G6 SD444A (2004-031) {AOL (2004.03-1] Paget FL BROKER COMPENSATION8. Conditions to Exercising the Conversion Option The Borrower can exercise the Conversion Option only if the Borrower has: () made all of the payments due under the Note and the Security Instrument prior to the exercise of the Conversion Option; (i) made no more than two (2) payments under the Note more than 15 days after thelr Tegularly scheduled due dates during the 12-month period immediately preceding the exercise of the Conversion Option; and (i) met all other tems and conditions of the Note and the Security instrument. c, Calculating the Fixed Rate The fixed rato of interest that will apply upon the exercise of the Conversion Option (the “Conversion Rate") will be calculated by adding 0, 550 percentage points to the then ourrent Federal National Mortgage Assoclation's required net yleld for 30-year fixed rale mortgages covered by applicable 60-day mandatory delivery commitments [expressed as a percentage] (the "FNMA Rate"), This calculation will be made at the time and In the manner described in paragraph D of thls Rider and Modification. Any perlodic interest rate change limitation in the Note will not apply to the fixed rate conversion, but in no event will the Conversion Rate be higher than the lifetime interest rate cap set forth in the Note, ‘The Borrower understands that the FNMA Rate fluctuates and that the fixed rates available during the Conversion Perlod may be substantlally higher than the fixed rate avaliable at the time the Borrower's loan Is made. in the event the FNMA Rate Is no longer quoted, the Lender will select an alternative rate source, ‘The Borrower may ask for the then current FNMA Rate by calling the Lender's fixed rate conversion representatives at the toll-free customer service number given on the Borrower's monthly statement, D, Exercising the Conversion Option To exercise the Conversion Option, the Borrower will take and complete the following ‘steps before the end of the Conversion Period. 1, Lock-in the Fixed Conversion Rate The Borrower will first obtain a Conversion Rate from the Lender by calling the Lenders fixed rate conversion representatives at the toll-free customer service number given on the Borrower's most recent monthly statement, The Lender will calculate the Conversion Rate as of thal day, using the last quoted FNMA Rate from the Immediately preceding business day. The Converston Rate will ‘be binding on the Borrower and the Lender for fourteen (14) days (the "Exercise Period") following the Borrower's telephone confirmation of the desire to exercise the Conversion Option, 2. Notice to Convert; Conversion Fee After the Borrower obtains the Conversion Rate In the manner set forth ‘above, the Lender will furnish the Borrower with a written notice to convert (the "Conversion Notice"). The Borrower will sign the Conversion Notice and return it to the Lender along with a conversion fee of U, $200.00 (the "Fee", Notwithstanding any notice provision to the contrary in the Note or ti ‘Security Instrument, the Conversion Option will be exercised only if the Conversion Notice and Fee are actually received at World Savings, Attn; Customer Service Administration, 4101 Wiseman Boulevard, Bldg. 106, San Antonio, Texas 78264, or at such GGother address as designated by the Lender in the Conversion Notice, prior to the end of the Exercise Perlod; otherwise, the Borrower must obtain a new Conversion Rate and start a new Exercise Period, The Borrower bears all risk of delivery, Including, without limitation, the risks of non-delivery, misdelivery, loss or destruction. Notwithstanding anything to the contrary in this Rider and Modification, if the Borrower fails for any reason to exercise the Conversion Option In the manner described above after obtaining three: (3) Conversion Rates and Exercise Periods, the Convorsion Option will terminate and can no longer be exercised, E. lew Mont! 21 10uN ‘The Lender will calculate the Borrower's new monthly principal and interest payment after tecelving the signed Conversion Notice and Fee during the Conversion Period, The Borrower's new monthly payment will be an amount suficent to pay, in substantlally equal payments by the Maturity Date, the unpald prinolpal balance of the Note (Inoluding any Deferred Interest) plus interast charged at the Conversion Rate. The payment change limitations in the Note do not apply to the fixed rate conversion, ifthe Lender receives the Conversion Notice and Fee fifteen (15) days or more before the last day of the calendar month in which the Conversion Notlce and Fee are received, unpaid principal will accrue interest at the Conversion Rate beginning on the fifteenth (15th) day of the following calendar month. If the Lender recelves the Conversion Notice and Fee less than fifteen (15) days before the last day of the calendar month in which the Conversion Notice and Fee are received, unpaid principal will accrue interest at the Conversion Rate beginning on the fiteenth (15th) day of the second following calendar month. The date on which the Conversion Rate Is first in effect Is called the “Conversion Date." Interest will continue to acorue on unpald principal in accordance with the adjustable interest rate provisions of the Note up to, but not Including, the Conversion Date, The Borrower will continue to make all regularly scheduled biweekly payments In accordance with the adjustable Interest rate provisions of the Note through and Including any payment that falls due on the Conversion Date. interest that accnies at the adjustable rate from the last ‘scheduled biweekly payment until the Conversion Date will be added to principal and Interest on it will accrue al the Conversion Rate. The Borrower's first monthly instalment payment will be due one month from the Conversion. Dale. Subsequent monthly payments will be due on the same day of each following month. For example, if the Lender receives the Conversion Notice and Fee on March 10, which Is more than fifteen (15) days before the end of that month, the Conversion Rate will frst be charged on April 18 and the new monthly payment amount wil first be due on May 16, The adjustable rate will be jarged through April 14 and the Borrower pays all scheduled biweekly payments due through and Including April 18, If the Conversion Notice and Fee were received ‘March 20, which Is less than 15 days hefore the end of that month, the Conversion Rate would be charged beginning on May 15 and the first fixed rate monthly payment would be due June 16, The adjustable rate would be charged through May 74 and the Borrower would pay the biweekly payments due through and Including May 18. The Lender will notify the Borrower of the amount and effective date of the new fixed-rate monthly payments, Fr oan Not Assur and Dus-On-Sale After Conversion to a Fixes Notwithstanding any provision to the contrary contained in the Note or the Security Instrument, ifthe Borrower exercises the Conversion Option, the Borrower's loan may not be assumed by any other person. Ifthe Bortower sells or transfers all or part of the Property after exercising the Conversion Option, then the Lender may, at any time, require the Borrower to pay Immediately and in {ull all amounts owing under the Note and the Security Instrument, If the Borrowers loan is otherwise assumable, a person who assumes the loan secured by the Seourlly instrument prior to the exercise of the Conversion Option also assumes the Conversion ‘Option on the terms and conditions set forth in this Rider and Modification, SD4440 (2004-03-1) [001 @004-03-4) G BUWEEKLYwate . IN WIPWESS WHEREOF, the undersigned has exeouled this Rider and Modification on the LED __ day of, S ; (PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW) Léa Cae Mee eel : aS Noten Coomer, MO ee wens, PRT GHA CED, Wl THE Lie ‘Tt L, (Seal) GEORGE GooDMAN Mailing Address; 9864 NW 57TH MANOR, CORAL SPRINGS, FL 33076-2832 ATTACH INDIVIDUAL NOTARY ACKNOWLEDGEMENT . THIS INSTRUMENT PREPARED BY: DORRIE BRENNAN P.O. BOX 659648 SAN ANTONIO, TX 78265-9548 ‘80444 (200403-1) Pogedof4 0a (2004-09-19 - FLeee eo: 8 7 ‘RECORDING REQUESTED BY: WORLD SAVINGS BANK CJ CAMPBELL WHEN RECORDED MAIL To: Tile Concept & Escrow Services, Inc, 9050 Pines Boulevard, Suite 415 Peuibroke Pines, FL 33024 INSTR # 106387418 OR BK 42611 Pi (954) 272-6150 ph / (954) 272-6151 fox RECORDED OB/06 1210040 BROWARD COUNTY COMMISSION DOC STMP.M: $455.00 INT TAX: I $260,00 LOAN NUMBER a DEPUTY CLERK 2060 #2, 19 Pe NOTE AMOUNT: $130,000.00 "FOR RECORDER'S USE ONLY MORTGAGE a ISA FIRST MORTGAGE hon pecuRes ah a WHICH CONTAINS RRovisions ALLOWING CHANGES | FREQUENCY AND Al PAYMENTS: AND PRINCIPAL. BALANCE (CLUDING 1G FUTURE povaNices, AND OEPERRED INTERES | . AT LENDER'S OPTION THE SECURED NOTE MAY BE RENEWED OR ATED. THE SECURED NOTE PROVIDES FOR BIWEEKLY PAYMENTS OF PRINCIPAL AND INTEREST. THE MAXIMUM AGGREGATE PRINCIPAL BALANCE SECURED BY THIS MORTGAGE [tS $162,500.00 WHICH IS 125% OF THE ORIGINAL PRINCIPAL NOTE AMOUNT. L DEFINITIONS OF WORDS USED IN THIS MORTGAGE (A) Security Instrument, The Mortgage, which is dated August 4, 2006 will be called the “Security Instrument." (8) Borrower, GEORGE GOODMAN, AN UNMARRIED MAN. Received FEB Zu 2007 Deanna Acree sometimes will be called "Borrower" and sometimes simply me.” 8h, Lender, WORLD SAVINGS BANK, FSB, ITS SUCCESSORS AND/OR ASSIGNEES, will be called "Lender." Lender Is a FEDERAL SAVINGS BANK, which Is organized and exists under the laws of ‘the United States, Lender's address Is 1901 Harrison Street, Oakland, CA 94642, {D) Note. The note signed by Borrower and having the same date as this Seourily Instrument, including all extensions, renewals, substitutions and modifications thereof, will be called the "Note." The Note ‘shows that | owe Lender the original principal amount of U.S, $130,000.00 ("Note Amount’), plus accrued and deferred interest and such other amounts as stated in the Note. | have promised to pay this debt In full by August 28, 2036. {E) Property, The property that Is described below in Sectlon Ill entitled “Description of the Property" will be called the "Property." (F) Sums Secured. The amounts described below in Section tl entitled "Borrower's Transfer of Rights In the Property" sometimes will be called the "Sums Secured," (6) Person, Any person, organtzalion, governmental authority or other party will be called co | [MINN ‘SDO10A (2004-10-4) MORTOAGE-ADJUSTABLE, ru ‘DEFERRED INTEREST Poet LENDER'S USE ONLY.| il | BORROWER'S TRANSFER OF RIGHTS IN THE PROPERTY | morigage, irrevocably grant and convey the Property to Lender subject to the terms of this Security Instrument. This means that, by signing this Security Instrument, | am giving Lender those rights that are stated in this Security Instrument and also those rights that the law gives to lenders who hold morigages on real property. | am giving Lender these rights to protect Lender from possible losses that might result If | fall to: ( _ pay all amounts owed to Lender under the Note and all other notes secured by this Security Instrument, called the "Secured Notes," Including future advances made by Lender and any changes to the Secured Notes made with the written consent of Lender: (i) pay, with Interest, any amounts that Lender spends under Paragraphs 2 and 7 below to protect the value of the Property and Lender's rights in the Property; and (i) kesp all of my other promises and agreements under this Security Instrument, the Secured Notes and any changes to the Secured Notes made with the written consent of Lender, m DESCRIPTION OF THE PROPERTY I give Lender rights in the Property desoribed below: The property which is located at 9964 NW 57TH MANOR, CORAL SPRINGS, FL- 33076-2832, The legal description of the Property is attached as Exhibit "A" which Is made a part of this Security Instrument, This Property is called the "Described Property." () Allbulldings and other improvements that are located on the Desoribed Property; (i) All rights in other property that | have as owner of the Described Property. These rights are known as easements, rights and appurtenances attached to the Property; ()_Allrents or royalties and other income from the Desoribed Property; (v) All mineral, oll and gas rights and profits, water rights and stock that are part of the Described Property; (W)_Allrights that | have in the land which lies in the streets or roads in front of, behind or next to, the Described Property; (vil) _ All fixtures thal are now or In the future will be on the Desoribed Property or on the property described in subsection (il) of thls Section; (vill) Ail of the rights and properly described In subsections (jl) through (vil) of this Section that | acquire in the future; (X)__ All replacements of or additions to the property described In subsections (li) through (vill) of thls Section; and (x) All ofthe amounts that | pay to Lender under Paragraph 2 below. —-— . — IV. BORROWER'S RIGHT TO GRANT A SECURITY INTEREST IN THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY Upromise that; (i) | lawfully own the Property; (i) | have the right to mortgage, grant and convey the Property to Lender; and (li) there are no outstanding claims, charges, liens or encumbrances against the Property, except for those which are of public record. | give a general warranty of thle to Lender. This means that | will be fully responsible for any losses which Lender suffers because someone other than myself has some of the rights in the Property which | promise that | have. | promise that | will defend my ownership of the Properly against any olaims of such | GG ‘SDOt0B (2004-40-4) MORTOAGE-ADJUSTABLE A Pago?: i i COVENANTS | promise and I agree with Lender as follows: 1, BORROWER'S PROMISE TO PAY 1 will pay to Lender, on time, all principal and interest due under the Secured Noles and any prepayment and late charges due under the Secured Notes. 2, PAYMENTS FOR TAXES AND INSURANCE (A) Borrower's Obligations | will pay all amounts necessary to pay taxes and hazard insurance premlums on the Property as well as assessments, leasehold payments, ground rents or mortgage Insurance premiums (if any). (B) Escrow Accounts ‘Subject to applicable law, no escrow shall be required except upon written domand by Lender, in which case, | shall pay to Lender on the day payments are due under the Note, until the Note Is,pald In full, a sum ("Funds") for: (a) yearly taxes, penalties and assessmonts which may attain priority over this ‘Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (¢) yearly hazard or property Insurance premiums; (d) yearly flood insurance premiums, if any; and (e) yearly mortgage Insurance premiums, if any. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for an escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time (o time, 12 U.S.C. § 2601 at seq. ("RESPA"), unless another Jaw that applies to the Funds sets a lesser amount, If so, Lender may, al any time, collect and hold Funds in an amount not fo exceed the lesser amount, Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of fulure Escrow Items in accordance with applicable law. The Funds shall be held In an Institution whose deposits are insured by a federal agenoy, instrumentality, or entity (including Lender, If Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply.the Funds to pay