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Case Number: CACE-15-012701 Division: 11
Filing # 29806458 E-Filed 07/17/2015 04:12:18 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
Nationstar Mortgage LLC
Plaintiff, Case #:
eee DIVISION: 11
Robert Quesada; Unknown Spouse of Robert
Quesada; Restore Construction Group, Inc.;
Embassy Tower II, Inc.; Unknown Parties in
Possession #1, If living, and all Unknown
Parties claiming by, through, under and against
the above named Defendant(s) who are not
known to be dead or alive, whether said
Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other
Claimants; Unknown Parties in Possession #2,
If living, and all Unknown Parties claiming by,
through, under and against the above named
Defendant(s) who are not known to be dead or
alive, whether said Unknown Parties may claim
an interest as Spouse, Heirs, Devisees,
Grantees, or Other Claimants
Defendant(s).
VERIFIED MORTGAGE FORECLOSURE COMPLAINT
Plaintiff, Nationstar Mortgage LLC, sues the Defendant(s) and alleges:
COUNT I
MORTGAGE FORECLOSURE
L This is an action to foreclose a mortgage on real property located in Broward
County, Florida.
2, Defendant(s), Robert Quesada, ("the Borrower(s)”, executed a Promissory Note
(“Note”) dated June 19, 2006 and Defendant(s), Robert Quesada executed a Mortgage dated June
19, 2006 securing the payment of the Note. The mortgage was recorded on June 27, 2006, in
Official Records Book 42295, Page 193, of the Public Records of Broward County, Florida, (All
Page } of S
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/17/2015 4:12:17 PM.****subsequent recording references are to the public records of Broward County, Florida) and
mortgaged the real and personal property (“Property”) described therein, then owned by and in
possession of said Mortgagor(s), a copy of the Note and Mortgage is attached hereto. (True and
correct copies of said Note and Mortgage are attached hereto as Exhibit “A” and Exhibit “B”
respectively.)
3. The parties subsequently modified the aforementioned loan documents. A copy
of the Loan Modification is attached hereto as Exhibit “C”,
4. The Defendant, Robert Quesada, executed the Loan Modification.
5. Plaintiff holds the Note and Mortgage.
6. Defendant, Robert Quesada, is the current owner of the real property which is the
subject of the Mortgage.
7. Defendant(s) has defaulted under the Note and Mortgage by failing to pay the
payment due February 1, 2015 and all subsequent payments.
8. Plaintiff declares the full amount payable under the Note and Mortgage to be due.
9 Borrower(s) owes Plaintiff $295,166.40 that is due on principal on the Note and
Mortgage, interest from January 1, 2015, late charges, costs of collection and reasonable
attorney's fees, and such other expenses as may be permitted by the mortgage. Additionally,
the loan was medified July 10, 2013 and there is currently a deferred principal balance of
$128,625.09.
10. All conditions precedent to the acceleration of the Note and foreclosure of the
Mortgage have been performed, have occurred or have been waived.
Page 2 of 511, Defendant who may be held personally liable for a deficiency, if any, is the
notemaker, Robert Quesada, unless any of such Defendant have been discharged in bankruptcy
in which event no deficiency is or will be sought.
12, Plaintiffhas retained Shapiro, Fishman & Gaché, LLP to initiate and maintain this
action and is obligated to pay it a reasonable fee for its services in bringing this action, as well as
all costs of collection, all of which Plaintiff is entitled to recover from Defendant(s) pursuant to
the Note and Mortgage.
13, That the Defendant, Unknown Spouse of Robert Quesada, might have some claim
or demand in the subject property by virtue of spousal homestead interest, if any, and all other
rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in
the subject real property. The above-described interest of said Defendant(s) in the subject
property is inferior to the interest of the Plaintiff in said property.
14, That the Defendant, Restore Construction Group, Inc., might have some claim or
demand in the subject property by virtue of'a Notice of Commencement, recorded in Official
Records Instrument No. 112781347, and by virtue of a Notice of Commencement recorded in
Official Records Instrument No. 113029099 of the Public Records of Broward County, Florida,
and all other rights, claims, liens, interest, encumbrances and equities, either recorded or
unrecorded, if any in the subject real property. The above-described interest of said Defendant(s)
in the subject property is inferior to the interest of the Plaintiff in said property.
15. That the Defendant, Embassy Tower II, Inc., might have some claim or demand in
the subject property by virtue of all unpaid assessments, if any, and all other rights, claims, liens,
interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real
Page 3 of Sproperty. The above-described interest of said Defendant(s) in the subject property is inferior to
the interest of the Plaintiff in said property.
16. That the Defendant, Unknown Parties in Possession #1, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) who
are not known to be dead or alive, whether said Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.
17, That the Defendant, Unknown Parties in Possession #2, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) who
are not known to be dead or alive, whether said Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.
18. The interests of each Defendant are subject, subordinate, and inferior to the right,
title, interest, and lien of Plaintiff's Mortgage, unless as otherwise provided for by law.
WHEREFORE, Plaintiff requests that the Court determine the amount due Plaintiff
pursuant to the Note and Mortgage; that if the sums due Piaintiff under the Note and Morigage
are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the
Property securing the indebtedness to satisfy Plaintiff's mortgage lien; that the rights, title and
interest of any Defendant, or any party claiming by, through, under or against any Defendant
named herein or hereafter made a Defendant be forever barred and foreclosed; and that the Court
retain jurisdiction of this action to make any and all further orders and judgments as may be
Page 4 of $necessary and proper, including the issuance of a writ of possession and the entry of a deficiency
decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been
discharged in bankruptcy.
ELA.R.CIY, P. L110(b) VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are
true and correct to the best of my knowledge and Dh
Printed Name: See. ¥ bb ec!
Title:___Document Execution Specialist
Company: Nationstar Mortgage LLC
Date: hols
Plaintiff, by and through the undersigned attomey, prays this honorable Court grant the
above requested relief and such other relief deemed appropriaie and just.
pated tis [Lo dayof, July XH nS”
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiffs counsel
hereby designates its primary email address for the purposes of
email service as: SFGBocaService@logs.com*
SHAPIRO, FISHMAN & GACHE, LLP
Attorneys for Plaintiff
2424 North Federal Highway, Ste 360
Boca Raton, Florida 33431
Telephone: (561) 998-6700
Fax: ($61)998-6707
award MeDopoush, Esq, MY CONCILIO
FL Bar # 9324 FL BAR # 71107
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.
15-287572 FCO] CXE
Page 5 of SExhibit
A(FLORIDA FIXED RATE)
JUNE 19, 2006 Coral Gables FL
[Date] fem Bute
2715 N Ocean Blvd PH-D
Fort Lauderdale, FL, 33308
[Property Addreas]
LOAN NO.: 1742358618 MIN:
1, BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 372,000.00 (this amount is called
"Principal”), plus interest, to the order of the Lender. The Lender is
GIBRALTAR PRIVATE BANK & TRUST COMPANY
corporation
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may tranafer this Note, The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the "Note Holder."
2, INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest st
a yearly rate of 6.500 %.
‘The interest rate required by this Section 2 is the rate I will pay both before and after any defeult described in
Section. 6(B) of this Note,
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment onthe 1ST day of each month beginningon © AUGUST 1, 2006
1 will make these payments every month until I have paid all of the principal and interest and eny other charges
described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date
and will be applied to interest before Principal, If, on JULY 1, 2036 » I still owe amounts under
this Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at
220 Alhambra Circle, Sth Floor, Cors] Gables, FL 33134
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U:S. $ 2,351.29
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is
known as 2 "Prepayment." When I make a Propayment, I will tell the Note Holder in writing that I am doing so. I
may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note,
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. ‘Ths Note Holder will
use my Prepayments to reduce the amount of Principal that I owe under this Note, However, the Note Holder may
apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment
to reduce the Principal amount of ihe Note. If I make a partial Prepayment, there will be no changes in the due date
or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes,
5. LOAN CHARGES
If. law, which applies to this loan and which sets maximum loan charges, is finally interpreted so thet the interest
or other loan. charges collected or to be collected in connection with this loan exceed the permitted limits, then: @®
FLORIDA FIXED RATE NOTE - Single Family - FNMAYFHLMC Uniform instrument
Form 3210 4/01
Laser Forms Ino, (800) 448-3555 Q
LFLENMARZIO “VOL Page 1 of 8 Inttats; : '
|-04+4 7any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b)
any sums already collected from me which exceeded Permitted limits will be refunded to me, The Note Holder may
choose to make this refund by reducing the Principal I owe under this Nate ot by meking a direct payment to me. If
a refund reduces Principal, the reduction will be treated as a partial Prepayment.
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder, ‘The amount of the charge will be 5.000 %
of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late
payment,
@) Default
If do not pay the full amount of each monthly payment an the date it is due, I will be in default.
(C) Notice of Default
Tf am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue
amount by a certain date, the Note Holder may require me tn pay immedistely the full amount of Principal which has
not been paid and all the interest that I owe on that amount. ‘That date must be at least 30 days after the date on
which the notice is mailed to me or delivered by other means.
(P) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
©) Payment of Note Holder's Costs and Expenses
if the Note Holder has required me to pay immediately in full as descrihed shove, the Note Holder will have the
Hight to be paid back by me for all its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable Jaw requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me st the Property Address above or at a different address
if I give the Note Holder a notice of my different address,
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it
by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if T am
given a notice of that different address,
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed, Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things, Any person who takes over these obligations, including the
obligations of @ guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
Note, The Note Holder may enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor, "Presentment" means the right to requize the Note Holder io demand payment of amounts due. "Notice of
Dishonor" means the right to require the Note Holder to give notice to other persons thst amounts due have not becn
paid,
10, UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given fo the Note Holder under this Note, a Mortgage, Deod of Trust, or Security Deed (the "Secmtity Instrument"),
dated the same date as this Note, protects the Note Holder from poseible losses thit might result ifI do not keep the
promises which J make in this Note. ‘That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under this Note, Some of those conditions are
described as follows:
FLORIDA FIXED RATE NOTE - Single Family - FNMA/FHLMC Uniform Instrument
Form 3240 1/01
Laser Forms Ine, (00) 448-555
LFIRFNMA2I0 {At Page 2 of $ Inktale: 2S:If all or any part of the Property or eny Interest in the Property is sold ot transferred (or if Borrower is not
8 natural person and « beneficial interest in Borrower is sold or transferred) without Lender's priar written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shell
Provide a period of not less than 30 days from the dato the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this. Seourity
Instrument without further notice or demand on Borrower,
11, DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness,
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
Robert Quesada Borrower
(Seal) (Beal)
_Berowier * Borrower
[Sign Original Only]
FLORIDA FIXED RATE NOTE - Single Family - FNMA/FHLMC Uniform Instrument
Form 3210 1/04
Laser Forms Inc. (800) 446-3555
LELAFNMASZIC 104 Page’ of 3J? Morgan Gia? ant, fe
recourse
tile 27 dey of 4 dime", 20.06
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Trust
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Debra-Anne careyve 7
Fay to the Onder of: SJPhiorgan
Chase Bank, #.q,
Without Recourse :
By UPiMoxgan aie N
woh In- Fact for, pais" 4a Powe ke bask Treat
By,
arpa wha
Serina Leevits Authorized Assiataa Soc Assistant Secretory
thou, eae
OV SAA Le SECRETARYExhibit
BRECORD & RETURN TO:
TITLE PARTE SE
GE SO, PL. an
2851 N, FEDEMAL HWY. $200
Fi. LAUDERDALE, FL 93:
TILE NO,
“Ola: S464
308
wro_ 1S.
INSTR # 106202315
OR BK 42295 Pages 193 - 207
RECORDED 08/27/06 10:31:28
BROWARD COUNTY COMMISSION
DOC STMP-M; $1302.00
INT TAX: #4 $744.00
DEPUTY CLERK 1924
#2, 16 Pages
After Recording Return To:
GIBRALTAR PRIVATE BANK & TRUST COMPANY
220 ALHAMBRA CIRCLE, 8TH FLOOR
CORAL GABLES, FLORIDA 33134
(Space Above This Line For Recording Dita.
LOAN NO.: 1742358618
MORTGAGE
DEFINITIONS
Words used in multiple soctions of this document are defined below and other words are defined in Sections 3,
ii, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16,
(A) "Security Instrument” means this document, which is dated JUNE 19, 2006
together with all Riders to this document.
®) "Borrower" is
Robert Quesads, a single man,
Borrower is the mortgagor under this Security Instrument.
(© "Lender" is GIBRALTAR PRIVATE BANK & TRUST COMPANY
Lender is 8 corporation
organized and existing under the laws of ‘THE STATE OF FLORIDA
Lender's address is 220 ALHAMBRA CIRCLE, STH FLOOR
CORAL GABLES, FL 33134
Lender is the mortgagee under this Security Instrument.
@) "Note" means the promissory note signed by Borrower and dated JUNE 19, 2006
The Note states that Borrower owes Lender
THREE HUNDRED SEVENTY-TWO THOUSAND AND 00/100
Dolisrs (U.S. $ 372,000.00 ) plus interest. Borrower has promised to pay this debt in ro;
Periodic Payments and to pay the debt in full not later than JULY 1, 2636
@) ‘Property means the property that is described below under the heading "Transfer of Rights in the
Property."
®) "Loan" means the debt evidenced by the Note, Plus interest, any prepayment charges and late charges due
‘under the Note, and all sums due under this Security Instrument, plus interest.
FLORIDA - Single Family - Fannie Mae/Freddia Mac UNIFORM INSTRUMENT
Form 3010 1/01
Laser Farms inc. (800) 446-3555
LAL #FNMA3010 1/04 (A) Page 1 of 13 Initiale: AQ
[|-0447-8
ey(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be oxecuted by Borrower [check box as applicable]:
Adjustable Rate Rider Condominium Rider Second Home Rider
Halloon Rider (_] Planned Unit Development Rider 14 Family Rider
H Biweekly Payment Rider [_] V.A. Rider
Other(s) [specify]
() "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (thet have the effect of law) as well as all applicable final,
non-eppeslable judicial opinions.
@ "Community Association Dues, Fees, and Assessments" means all due fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium associstion, homeowners association
or similar organization.
@) ‘Blectronic Funds Transfer" means any transfer of funds, other than s transaction originated by check,
draft, or similar paper instrument, which is initizted through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account, Such term includes, but is not limited to, point-of-sale transfera, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers,
(KX) "Escrow items" means those items that are described in. Section 3.
(L) "Miscelisneous Proceeds" means any compensation, settlement, award of damagos, or proceeds paid by
suy third party (other than insurance proceeds paid under the coveroges dosoribed in Section 5) for: (@) damage
to, or destruction of, the Property; (ji) condemnstion or other taking of all or any part of the Property; (iii)
conveyance in lieu of condemnation, or (jv) misrepresentations of, oc omissions as io, the value and/or
condition of the Property.
(@) "Mortgage Insurance" means insurance protecting Lander against the nonpayment of, or defentt on, the
Loan.
Q) "Periodic Payment" means the regularly scheduled amount due for (®) principal and interest under the
Note, plus (b) any amounts under Section 3 of this Security Instrument.
(©) "RESPA" means the Real Estate Scttlement Procedures Act (12 U.S.C.82601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
“federally related mortgage loan" even if the Loan doca not qualify as a “federally related mortgage Ioan"
under RESPA.
@) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
thet perty has assumed Borrower's obligations under the Note and/or this Security Instrument.
FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3040 1/04
aser Forms Ine, (600) 448-3565 Q
LAT #FNMASO10 1/01 Page 2 of 13 Initiate; (\*TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender, the following described property located in the
County of Broward
(Type of Recording Jurludiotion) [Name of Recording Jutsdetion)
Unit PH-D,of EMBASSY TOWERZE, INC., a Condominium, sccording to the
Declaration of Condominium thereof, as recorded in Official Book 5187,
at Page 12, of the Public Records of Broward County, Florida.
which currently has the address of 2715 N Gcean Blvd PH-D
[Strect}
Fort Lauderdale > Florida 33308 ("Property Address"):
fey) ip Code}
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property, All replacements end additions shall also
be covered by this Sccurity Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and hae the
Tight to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constituie a uniform security instrument covering real
Property,
FLORIDA - Single Family - Fannie Miae/Fraddia Niec UNIFORM INSTRUMENT
Form 3040 1/01
‘Laser Forms inc. (ROO) 446-3555.
LFLHFRMAR010 1/01 Page 3 of 13 initials: q.UNIFORM COVENANTS. Borrower and Lender covenent and agree as follows:
1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and eny prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Section 3. Payments due under the Note and this Sccurity Instrument shall be made in U.S. ‘currency,
However, if any check or other instrument received by Lender as payment under the Note of this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender:
(@) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at sich
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payment or partial payments are insufficient to bring the
Losn current. Lender may accept any peyment or partial payment insufficient to bring the Loan current,
without waiver of any righis hereunder or prejudice to its rights to refuse such payment or partial payments in
‘the future, but Lender is not obligated to apply such payments at the time such payments are accepted, Tf cach
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current, If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retum
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the
future against Lender shall relieve Borrower from making payments due under the Note and this Security
Instrummeut or performing the covenants and agreements secured by this Security Instrument.
2 Application of Payments or Proceeds, Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3, ‘Such payments shall be applied to
each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first to
late charges, second to any other amounts duc under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and ths late charge.
If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to
the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the
extent that any excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be applied first to
any prepayment charges and then as described in the Note. ;
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments,
3. Funds for Escrow Items. Botrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is peid in full, « sum (the "Funds") to provide for payment of amounts due for: (a)
taxes and assesaments and other items which can attain priority over this Security Instrument es a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) pramiums
for any and all insurance required by Lender under Section 5; and (4) Mortgage Insurance premiums, if acy,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These itema are called "Escrow Items." At origination or at
any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Eacrow Item.
Borrower shall promptly furnish to Lender all notices of amounta to be paid under this Section Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for
any or all Eecrow Etems, Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items st any time, Any such waiver may only be in writing, In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Recrow Items for which payment of
Funds hes been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
Payment within such time period as Lender may require, Borrower’ obligation to make such payments and to
FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 2040 1/04
Laser Forms tne. (800) 446-9555 -. a
LFURFNMASO10 1/01 Page 4 of 13 Initials: £°<)provide receipts shall for all purposes be deemed to be # covenant end agreement contained in this Security
Instrument, as the phrase "covenant and agreement" ia used in Section 9. If Rorrower is obligated to pay
Escrow Items direcily, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repey to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Ttems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount @) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank, Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and spplying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
Tequires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or
earnings on the Funds, Borrower and Lender can agree in writing, however, that interest shall be paid an the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pey to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RBSPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments,
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funde held by Lender.
4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on
the Property, if any, and Community Association Dues, Fecs, and Assessments, if any. To the extent that
these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (6) contests the lien in good faith by, or
dofends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or
©) secures from the holder of the lien an agrocment satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that ony part of the Property is subject to a lien which can attain
Priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10
days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions act forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a reai estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term “extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires, ‘What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance ehell be chosen by Borrower subject to Lender's iight to
disapprove Borrower's choice, which right ahall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zono determination, certification
snd tracking services; or (b) ® one-time charge for flocd zone determination and certification services and
FLORIDA - Single Family - Fannie Nae/Freddie Mac UNIFORM INSTRUMENT
Form 3010 1/04
Laser Forms ino. (800) 446-3656
LF BFNMARQI0 1/01 Page S of 43 Initials: B:&,subsequent charges cach time remappings or similar changes occur which ‘reasonably might affect such
determination or certification. Borrower shall alao be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or
amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower,
of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could
have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date
of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment,
All insurance policies required by Lender and renewals of such policies shall be subject to Lender’ s right
to disapprove such policies, shall include a standard mortgage clause, and ehall name Lender as mortgages
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional losa payee.
Tn the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may
ameke proof of loss if uot mads promptly by Borrower. Uniess Lender and Borrower otherwise agree in
writing, ony insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or Tepait is econpmicaliy feasible and
Lender’s security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall bo undectaken. promptly,
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shal] not be
paid out of the insurance procceds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then dus, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby asaigns to Lender (a) Borrower’ s rights to any insurance proceeds in en amount
not 10 exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower! s
rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurancs policies
covering the Property, insofar as such rights are appiicable to the coverage of the Property. Lender may use
the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then dus,
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue tc occupy the Property as
Borrower's principal residence for at least one yeer after the date of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist
which are beyond Borrower's control.
FLORIDA - Single Family » Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3010 1/01
Laser Forme ino, (800) 446-9555
LF #PNMASO10 1/05 Page 6 of 13 rites QSection 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. if insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. Tf the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower ia not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender ar its agent may make reasonable entries upon and inspeotions of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property, Lender shall give Borrower
notice st the time of or prior to such an interior inspection specifying such reasonable cause,
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Bozrower of any persons or antities acting at tho direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower’ s occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (0) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (¢) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or eppropriate to protect Lender's interest in the Property and rights under this Security Instrument,
including protecting and/or assessing the value of the Property, and scouring and/or repairing the Property,
‘Lsnder's sctions can include, but are not limited to: (#) paying uny sums secured by a lien which has priority
over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its
interest in the Property and/or rights under this Security Instrument, including its secured position in a
bankruptcy proceeding. Sccuring the Property includes, but is not limited to, entering the Property to make
repairs, change locks, replace or board up doors and windows, drain water from pipes, climinate building or
other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take
action under this Section 9, Lender does not have to do so and is not under any duty ar obligation to do so, It
is agreed that Lender incura no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Scourity Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees
to the merger in writing.
10, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay tho premiums required to maintain the Martgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer sclected
by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower ahall contime
to pay to Lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect. Lander will accept, use and retain these payments as s non-refundable loss reserve in
lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact thet the Loan
is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or camings on such
loss reserve, Lender can no longer require ioss reserve payments if Mortgage Insurauco coverage (in the
emount and for the pericd that Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make eeperately designated payments toward the premiums for Mortgage Insurance, Borrower shall
FLORIDA - Single Family - Fannie Mae/Freddie Mes UNIFORM INSTRUMENT
Form 3010 1/04
Laser Forma ino, (800) 446-3555
Un aFxmasoto 1/01 Page7 of 43 Initiale: AQLaw. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for cartain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not 4 party to the Mortgage Insurance.
Mortgege insurers evaluste their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce lossca, These agreements arc on
terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements, These sgroements may require the martgage insurer to make payments using any source of fands
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsnrer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower’ s payments for Mortgage Insurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
usurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance, and they will not entitle Borrower to any refund,
(®) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certaln disclosures, to request and obtain cancellation of the Mortgage
Insurance, to haye the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender,
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender’ s
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for
Preview
Case Number: CACE-15-012701 Division: 11 Filing # 29806458 E-Filed 07/17/2015 04:12:18 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION Nationstar Mortgage LLC Plaintiff, Case #: eee DIVISION: 11 Robert Quesada; Unknown Spouse of Robert Quesada; Restore Construction Group, Inc.; Embassy Tower II, Inc.; Unknown Parties in Possession #1, If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants; Unknown Parties in Possession #2, If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants Defendant(s). VERIFIED MORTGAGE FORECLOSURE COMPLAINT Plaintiff, Nationstar Mortgage LLC, sues the Defendant(s) and alleges: COUNT I MORTGAGE FORECLOSURE L This is an action to foreclose a mortgage on real property located in Broward County, Florida. 2, Defendant(s), Robert Quesada, ("the Borrower(s)”, executed a Promissory Note (“Note”) dated June 19, 2006 and Defendant(s), Robert Quesada executed a Mortgage dated June 19, 2006 securing the payment of the Note. The mortgage was recorded on June 27, 2006, in Official Records Book 42295, Page 193, of the Public Records of Broward County, Florida, (All Page } of S *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/17/2015 4:12:17 PM.****subsequent recording references are to the public records of Broward County, Florida) and mortgaged the real and personal property (“Property”) described therein, then owned by and in possession of said Mortgagor(s), a copy of the Note and Mortgage is attached hereto. (True and correct copies of said Note and Mortgage are attached hereto as Exhibit “A” and Exhibit “B” respectively.) 3. The parties subsequently modified the aforementioned loan documents. A copy of the Loan Modification is attached hereto as Exhibit “C”, 4. The Defendant, Robert Quesada, executed the Loan Modification. 5. Plaintiff holds the Note and Mortgage. 6. Defendant, Robert Quesada, is the current owner of the real property which is the subject of the Mortgage. 7. Defendant(s) has defaulted under the Note and Mortgage by failing to pay the payment due February 1, 2015 and all subsequent payments. 8. Plaintiff declares the full amount payable under the Note and Mortgage to be due. 9 Borrower(s) owes Plaintiff $295,166.40 that is due on principal on the Note and Mortgage, interest from January 1, 2015, late charges, costs of collection and reasonable attorney's fees, and such other expenses as may be permitted by the mortgage. Additionally, the loan was medified July 10, 2013 and there is currently a deferred principal balance of $128,625.09. 10. All conditions precedent to the acceleration of the Note and foreclosure of the Mortgage have been performed, have occurred or have been waived. Page 2 of 511, Defendant who may be held personally liable for a deficiency, if any, is the notemaker, Robert Quesada, unless any of such Defendant have been discharged in bankruptcy in which event no deficiency is or will be sought. 12, Plaintiffhas retained Shapiro, Fishman & Gaché, LLP to initiate and maintain this action and is obligated to pay it a reasonable fee for its services in bringing this action, as well as all costs of collection, all of which Plaintiff is entitled to recover from Defendant(s) pursuant to the Note and Mortgage. 13, That the Defendant, Unknown Spouse of Robert Quesada, might have some claim or demand in the subject property by virtue of spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 14, That the Defendant, Restore Construction Group, Inc., might have some claim or demand in the subject property by virtue of'a Notice of Commencement, recorded in Official Records Instrument No. 112781347, and by virtue of a Notice of Commencement recorded in Official Records Instrument No. 113029099 of the Public Records of Broward County, Florida, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 15. That the Defendant, Embassy Tower II, Inc., might have some claim or demand in the subject property by virtue of all unpaid assessments, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real Page 3 of Sproperty. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 16. That the Defendant, Unknown Parties in Possession #1, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage. 17, That the Defendant, Unknown Parties in Possession #2, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage. 18. The interests of each Defendant are subject, subordinate, and inferior to the right, title, interest, and lien of Plaintiff's Mortgage, unless as otherwise provided for by law. WHEREFORE, Plaintiff requests that the Court determine the amount due Plaintiff pursuant to the Note and Mortgage; that if the sums due Piaintiff under the Note and Morigage are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiff's mortgage lien; that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereafter made a Defendant be forever barred and foreclosed; and that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be Page 4 of $necessary and proper, including the issuance of a writ of possession and the entry of a deficiency decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in bankruptcy. ELA.R.CIY, P. L110(b) VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and Dh Printed Name: See. ¥ bb ec! Title:___Document Execution Specialist Company: Nationstar Mortgage LLC Date: hols Plaintiff, by and through the undersigned attomey, prays this honorable Court grant the above requested relief and such other relief deemed appropriaie and just. pated tis [Lo dayof, July XH nS” *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiffs counsel hereby designates its primary email address for the purposes of email service as: SFGBocaService@logs.com* SHAPIRO, FISHMAN & GACHE, LLP Attorneys for Plaintiff 2424 North Federal Highway, Ste 360 Boca Raton, Florida 33431 Telephone: (561) 998-6700 Fax: ($61)998-6707 award MeDopoush, Esq, MY CONCILIO FL Bar # 9324 FL BAR # 71107 Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. 15-287572 FCO] CXE Page 5 of SExhibit A(FLORIDA FIXED RATE) JUNE 19, 2006 Coral Gables FL [Date] fem Bute 2715 N Ocean Blvd PH-D Fort Lauderdale, FL, 33308 [Property Addreas] LOAN NO.: 1742358618 MIN: 1, BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 372,000.00 (this amount is called "Principal”), plus interest, to the order of the Lender. The Lender is GIBRALTAR PRIVATE BANK & TRUST COMPANY corporation I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may tranafer this Note, The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2, INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest st a yearly rate of 6.500 %. ‘The interest rate required by this Section 2 is the rate I will pay both before and after any defeult described in Section. 6(B) of this Note, 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment onthe 1ST day of each month beginningon © AUGUST 1, 2006 1 will make these payments every month until I have paid all of the principal and interest and eny other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal, If, on JULY 1, 2036 » I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 220 Alhambra Circle, Sth Floor, Cors] Gables, FL 33134 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U:S. $ 2,351.29 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as 2 "Prepayment." When I make a Propayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note, I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. ‘Ths Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note, However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of ihe Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, 5. LOAN CHARGES If. law, which applies to this loan and which sets maximum loan charges, is finally interpreted so thet the interest or other loan. charges collected or to be collected in connection with this loan exceed the permitted limits, then: @® FLORIDA FIXED RATE NOTE - Single Family - FNMAYFHLMC Uniform instrument Form 3210 4/01 Laser Forms Ino, (800) 448-3555 Q LFLENMARZIO “VOL Page 1 of 8 Inttats; : ' |-04+4 7any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from me which exceeded Permitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the Principal I owe under this Nate ot by meking a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder, ‘The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment, @) Default If do not pay the full amount of each monthly payment an the date it is due, I will be in default. (C) Notice of Default Tf am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me tn pay immedistely the full amount of Principal which has not been paid and all the interest that I owe on that amount. ‘That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (P) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. ©) Payment of Note Holder's Costs and Expenses if the Note Holder has required me to pay immediately in full as descrihed shove, the Note Holder will have the Hight to be paid back by me for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable Jaw requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me st the Property Address above or at a different address if I give the Note Holder a notice of my different address, Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if T am given a notice of that different address, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed, Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things, Any person who takes over these obligations, including the obligations of @ guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note, The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor, "Presentment" means the right to requize the Note Holder io demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons thst amounts due have not becn paid, 10, UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given fo the Note Holder under this Note, a Mortgage, Deod of Trust, or Security Deed (the "Secmtity Instrument"), dated the same date as this Note, protects the Note Holder from poseible losses thit might result ifI do not keep the promises which J make in this Note. ‘That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note, Some of those conditions are described as follows: FLORIDA FIXED RATE NOTE - Single Family - FNMA/FHLMC Uniform Instrument Form 3240 1/01 Laser Forms Ine, (00) 448-555 LFIRFNMA2I0 {At Page 2 of $ Inktale: 2S:If all or any part of the Property or eny Interest in the Property is sold ot transferred (or if Borrower is not 8 natural person and « beneficial interest in Borrower is sold or transferred) without Lender's priar written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shell Provide a period of not less than 30 days from the dato the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this. Seourity Instrument without further notice or demand on Borrower, 11, DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness, WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) Robert Quesada Borrower (Seal) (Beal) _Berowier * Borrower [Sign Original Only] FLORIDA FIXED RATE NOTE - Single Family - FNMA/FHLMC Uniform Instrument Form 3210 1/04 Laser Forms Inc. (800) 446-3555 LELAFNMASZIC 104 Page’ of 3J? Morgan Gia? ant, fe recourse tile 27 dey of 4 dime", 20.06 Sib5 7 Private Trust oth, oO cathle. blue. itte, Debra-Anne careyve 7 Fay to the Onder of: SJPhiorgan Chase Bank, #.q, Without Recourse : By UPiMoxgan aie N woh In- Fact for, pais" 4a Powe ke bask Treat By, arpa wha Serina Leevits Authorized Assiataa Soc Assistant Secretory thou, eae OV SAA Le SECRETARYExhibit BRECORD & RETURN TO: TITLE PARTE SE GE SO, PL. an 2851 N, FEDEMAL HWY. $200 Fi. LAUDERDALE, FL 93: TILE NO, “Ola: S464 308 wro_ 1S. INSTR # 106202315 OR BK 42295 Pages 193 - 207 RECORDED 08/27/06 10:31:28 BROWARD COUNTY COMMISSION DOC STMP-M; $1302.00 INT TAX: #4 $744.00 DEPUTY CLERK 1924 #2, 16 Pages After Recording Return To: GIBRALTAR PRIVATE BANK & TRUST COMPANY 220 ALHAMBRA CIRCLE, 8TH FLOOR CORAL GABLES, FLORIDA 33134 (Space Above This Line For Recording Dita. LOAN NO.: 1742358618 MORTGAGE DEFINITIONS Words used in multiple soctions of this document are defined below and other words are defined in Sections 3, ii, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "Security Instrument” means this document, which is dated JUNE 19, 2006 together with all Riders to this document. ®) "Borrower" is Robert Quesads, a single man, Borrower is the mortgagor under this Security Instrument. (© "Lender" is GIBRALTAR PRIVATE BANK & TRUST COMPANY Lender is 8 corporation organized and existing under the laws of ‘THE STATE OF FLORIDA Lender's address is 220 ALHAMBRA CIRCLE, STH FLOOR CORAL GABLES, FL 33134 Lender is the mortgagee under this Security Instrument. @) "Note" means the promissory note signed by Borrower and dated JUNE 19, 2006 The Note states that Borrower owes Lender THREE HUNDRED SEVENTY-TWO THOUSAND AND 00/100 Dolisrs (U.S. $ 372,000.00 ) plus interest. Borrower has promised to pay this debt in ro; Periodic Payments and to pay the debt in full not later than JULY 1, 2636 @) ‘Property means the property that is described below under the heading "Transfer of Rights in the Property." ®) "Loan" means the debt evidenced by the Note, Plus interest, any prepayment charges and late charges due ‘under the Note, and all sums due under this Security Instrument, plus interest. FLORIDA - Single Family - Fannie Mae/Freddia Mac UNIFORM INSTRUMENT Form 3010 1/01 Laser Farms inc. (800) 446-3555 LAL #FNMA3010 1/04 (A) Page 1 of 13 Initiale: AQ [|-0447-8 ey(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be oxecuted by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Halloon Rider (_] Planned Unit Development Rider 14 Family Rider H Biweekly Payment Rider [_] V.A. Rider Other(s) [specify] () "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (thet have the effect of law) as well as all applicable final, non-eppeslable judicial opinions. @ "Community Association Dues, Fees, and Assessments" means all due fees, assessments and other charges that are imposed on Borrower or the Property by a condominium associstion, homeowners association or similar organization. @) ‘Blectronic Funds Transfer" means any transfer of funds, other than s transaction originated by check, draft, or similar paper instrument, which is initizted through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account, Such term includes, but is not limited to, point-of-sale transfera, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (KX) "Escrow items" means those items that are described in. Section 3. (L) "Miscelisneous Proceeds" means any compensation, settlement, award of damagos, or proceeds paid by suy third party (other than insurance proceeds paid under the coveroges dosoribed in Section 5) for: (@) damage to, or destruction of, the Property; (ji) condemnstion or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation, or (jv) misrepresentations of, oc omissions as io, the value and/or condition of the Property. (@) "Mortgage Insurance" means insurance protecting Lander against the nonpayment of, or defentt on, the Loan. Q) "Periodic Payment" means the regularly scheduled amount due for (®) principal and interest under the Note, plus (b) any amounts under Section 3 of this Security Instrument. (©) "RESPA" means the Real Estate Scttlement Procedures Act (12 U.S.C.82601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan" even if the Loan doca not qualify as a “federally related mortgage Ioan" under RESPA. @) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not thet perty has assumed Borrower's obligations under the Note and/or this Security Instrument. FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3040 1/04 aser Forms Ine, (600) 448-3565 Q LAT #FNMASO10 1/01 Page 2 of 13 Initiate; (\*TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following described property located in the County of Broward (Type of Recording Jurludiotion) [Name of Recording Jutsdetion) Unit PH-D,of EMBASSY TOWERZE, INC., a Condominium, sccording to the Declaration of Condominium thereof, as recorded in Official Book 5187, at Page 12, of the Public Records of Broward County, Florida. which currently has the address of 2715 N Gcean Blvd PH-D [Strect} Fort Lauderdale > Florida 33308 ("Property Address"): fey) ip Code} TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements end additions shall also be covered by this Sccurity Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and hae the Tight to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constituie a uniform security instrument covering real Property, FLORIDA - Single Family - Fannie Miae/Fraddia Niec UNIFORM INSTRUMENT Form 3040 1/01 ‘Laser Forms inc. (ROO) 446-3555. LFLHFRMAR010 1/01 Page 3 of 13 initials: q.UNIFORM COVENANTS. Borrower and Lender covenent and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and eny prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Sccurity Instrument shall be made in U.S. ‘currency, However, if any check or other instrument received by Lender as payment under the Note of this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (@) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at sich other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Losn current. Lender may accept any peyment or partial payment insufficient to bring the Loan current, without waiver of any righis hereunder or prejudice to its rights to refuse such payment or partial payments in ‘the future, but Lender is not obligated to apply such payments at the time such payments are accepted, Tf cach Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current, If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retum them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrummeut or performing the covenants and agreements secured by this Security Instrument. 2 Application of Payments or Proceeds, Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, ‘Such payments shall be applied to each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second to any other amounts duc under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and ths late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. ; Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3. Funds for Escrow Items. Botrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is peid in full, « sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assesaments and other items which can attain priority over this Security Instrument es a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) pramiums for any and all insurance required by Lender under Section 5; and (4) Mortgage Insurance premiums, if acy, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These itema are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Eacrow Item. Borrower shall promptly furnish to Lender all notices of amounta to be paid under this Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Eecrow Etems, Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items st any time, Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Recrow Items for which payment of Funds hes been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such Payment within such time period as Lender may require, Borrower’ obligation to make such payments and to FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 2040 1/04 Laser Forms tne. (800) 446-9555 -. a LFURFNMASO10 1/01 Page 4 of 13 Initials: £°<)provide receipts shall for all purposes be deemed to be # covenant end agreement contained in this Security Instrument, as the phrase "covenant and agreement" ia used in Section 9. If Rorrower is obligated to pay Escrow Items direcily, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repey to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Ttems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount @) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and spplying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law Tequires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can agree in writing, however, that interest shall be paid an the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pey to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RBSPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funde held by Lender. 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fecs, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (6) contests the lien in good faith by, or dofends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or ©) secures from the holder of the lien an agrocment satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that ony part of the Property is subject to a lien which can attain Priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions act forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a reai estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires, ‘What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance ehell be chosen by Borrower subject to Lender's iight to disapprove Borrower's choice, which right ahall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zono determination, certification snd tracking services; or (b) ® one-time charge for flocd zone determination and certification services and FLORIDA - Single Family - Fannie Nae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/04 Laser Forms ino. (800) 446-3656 LF BFNMARQI0 1/01 Page S of 43 Initials: B:&,subsequent charges cach time remappings or similar changes occur which ‘reasonably might affect such determination or certification. Borrower shall alao be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment, All insurance policies required by Lender and renewals of such policies shall be subject to Lender’ s right to disapprove such policies, shall include a standard mortgage clause, and ehall name Lender as mortgages and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional losa payee. Tn the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may ameke proof of loss if uot mads promptly by Borrower. Uniess Lender and Borrower otherwise agree in writing, ony insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or Tepait is econpmicaliy feasible and Lender’s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall bo undectaken. promptly, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shal] not be paid out of the insurance procceds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then dus, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby asaigns to Lender (a) Borrower’ s rights to any insurance proceeds in en amount not 10 exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower! s rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insurancs policies covering the Property, insofar as such rights are appiicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then dus, 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue tc occupy the Property as Borrower's principal residence for at least one yeer after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. FLORIDA - Single Family » Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Laser Forme ino, (800) 446-9555 LF #PNMASO10 1/05 Page 6 of 13 rites QSection 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. if insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Tf the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower ia not relieved of Borrower's obligation for the completion of such repair or restoration. Lender ar its agent may make reasonable entries upon and inspeotions of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property, Lender shall give Borrower notice st the time of or prior to such an interior inspection specifying such reasonable cause, 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Bozrower of any persons or antities acting at tho direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower’ s occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (0) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (¢) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or eppropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and scouring and/or repairing the Property, ‘Lsnder's sctions can include, but are not limited to: (#) paying uny sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Sccuring the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, climinate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty ar obligation to do so, It is agreed that Lender incura no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Scourity Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay tho premiums required to maintain the Martgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer sclected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower ahall contime to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lander will accept, use and retain these payments as s non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact thet the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or camings on such loss reserve, Lender can no longer require ioss reserve payments if Mortgage Insurauco coverage (in the emount and for the pericd that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make eeperately designated payments toward the premiums for Mortgage Insurance, Borrower shall FLORIDA - Single Family - Fannie Mae/Freddie Mes UNIFORM INSTRUMENT Form 3010 1/04 Laser Forma ino, (800) 446-3555 Un aFxmasoto 1/01 Page7 of 43 Initiale: AQLaw. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for cartain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not 4 party to the Mortgage Insurance. Mortgege insurers evaluste their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce lossca, These agreements arc on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements, These sgroements may require the martgage insurer to make payments using any source of fands that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsnrer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower’ s payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage usurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund, (®) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certaln disclosures, to request and obtain cancellation of the Mortgage Insurance, to haye the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender, If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender’ s satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for