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12/31/2008 2:09 PM Filed Lee County Clerk of Courts
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL
CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO:
THE BANK OF NEW YORK MELLON E/K/A THE
BANK OF NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS CWALT, INC. 956375
ALTERNATIVE LOAN TRUST 2006-41CB, 0g—CA- herr
MORTGAGE PASS-THROUGH CERTIFICATES, Judge: Winesett, She
SERIES 2006-41CB
PLAINTIFF
VS.
TAD KENNEDY MILLER A/K/A TAD K. MILLER
A/K/A TAD MILLER; UNKNOWN SPOUSE OF TAD
KENNEDY MILLER A/K/A TAD K. MILLER A/K/A
TAD MILLER IF ANY; ANY AND ALL UNKNOWN
PARTIES CLAIMING BY, THROUGH, UNDER, AND
AGAINST THE HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO BE,
DEAD OR ALIVE , WHETHER SAID UNKNOWN
PARTIES MAY CLAIM AN INTEREST AS SPOUSES,
HEIRS, DEVISEES, GRANTEES OR OTHER
CLAIMANTS; SUNTRUST BANK; JOHN DOE AND
JANE DOE AS UNKNOWN TENANTS IN
POSSESSION
Le
COMPLAINT TO FORECLOSE MORTGAGE
AND TO ENFORCE LOST LOAN DOCUMENTS
Plaintiff, sues the Defendant(s) and alleges:
COUNT I
1. THIS IS AN ACTION to foreclose a Mortgage on real property in LEE County, Florida.
2. This Court has jurisdiction over the subject matter herein.
3. On OCTOBER 23, 2006 TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD MILLER, A
SINGLE PERSON executed and delivered a Promissory Note and a Mortgage securing payment of the
Note to the Payee named thereon.
4. The Mortgage was recorded on NOVEMBER 2, 2006 in INSTRUMENT NO. 2006000415019, of the
Public Records of LEE County, Florida, and mortgaged the property described in it, then owned by and
possessed by the Mortgagors, a copy of the Mortgage IS attached hereto as "Exhibit "A". Said mortgage
was subsequently assigned to THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW
YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN
TRUST 2006-41CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-41CB by virtue of
an assignment to be recorded.
5. The Plaintiff owns and holds the Note and Mortgage.
6. The property is now owned by the Defendant(s), TAD KENNEDY MILLER A/K/A TAD K. MILLER
A/K/A TAD MILLER, if living and if dead, the unknown spouses, heirs and beneficiaries of TAD
KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD MILLER who hold(s) possession.
7, There is a default under the terms of the note and mortgage for the SEPTEMBER 1, 2008 payment and all
payments due thereafter.8. All conditions precedent to the acceleration of this Mortgage Note and to foreclosure of the Mortgage have
been fulfilled or have occurred.
9. The Plaintiff declares the full amount payable under the Note and Mortgage to be due.
10. The borrowers owe Plaintiff $127,392.44 that is due in principal on the Mortgage Note and Mortgage,
together with interest from AUGUST 1, 2008, late charges, and all costs of collection including title search
expenses for ascertaining necessary parties to this action and reasonable attorney's fees.
1. Plaintiff is obligated to pay its attorney a reasonable fee for his services rendered.
12. Defendants, John Doe and Jane Doe, may claim an interest in the property described in the Mortgage as
tenants pursuant to a lease agreement, either written or oral. Said interest is subject, subordinate, and
inferior to the lien of the Mortgage held by Plaintiff.
13. In addition to all other named defendants, the unknown spouses, heirs, devisees, grantees, assignees,
creditors, trustees, successors in interest or other parties claiming an interest in the subject property by,
through under or against any of said defendants, whether natural or corporate, who are not known to be
alive or dead, dissolved or existing, are joined as defendants herein. The claims of any of said parties are
subject, subordinate, and inferior to the interest of Plaintiff.
14, The Defendant, UNKNOWN SPOUSE OF TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A.
TAD MILLER , is joined because SHE may claim some interest in or lien upon the subject property by
virtue of a possible homestead interest. Said interest is subject, subordinate and inferior to the interest of
the Plaintiff's mortgage.
15. The Defendant(s), SUNTRUST BANK, IS joined because IT may claim some interest in or lien upon the
subject property by virtue of a MORTGAGE recorded in INSTRUMENT NO, 2006000471490 in LEE
COUNTY which is inferior to Plaintiffs Mortgage described herein.
WHEREFORE, Plaintiff prays: That an accounting may be had and taken under the direction of this Court
of what is due the Plaintiff for principal and interest on said Mortgage and Mortgage Note, and for the costs, charges
and expenses, including attorney's fees and title search costs, and advancements which Plaintiff may be put to or
incur in and about this suit, and that the Defendants found responsible for same be ordered to pay the Plaintiff herein
the amounts so found to be due it; that in default of such payments, all right, title, interest, claim, demand, or equity
of redemption of the Defendants and all other persons claiming by, through, under or against said Defendants since
the filing of the Lis Pendens herein be absolutely barred and foreclosed and that said mortgage property be sold
under the direction of this Court; that out of the proceeds of said sale, the amounts due the Plaintiff may be paid so
far as same will suffice; and that a deficiency judgment be entered if applicable and only in the event no Order of
Discharge of Personal Liability in Bankruptcy has been entered as to any of the Defendants who signed the subject
Note and Mortgage and a Writ of Possession be issued.
COUNT II
16. This is an action to enforce a lost, destroyed or stolen promissory note and Mortgage under
Fla.Stat.§673.3091.
17. On OCTOBER 23, 2006, TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD MILLER, A
SINGLE PERSON, executed and delivered a Promissory Note and a Mortgage securing payment of the
Note to the payee named thereon.20.
21.
The Mortgage was recorded on NOVEMBER 2, 2006 in INSTRUMENT NO. 2006000415019, of the
Public Records of LEE County, Florida, a substantial copy of the Mortgage being attached hereto as
composite Exhibit “A” to the Plaintiff's original Complaint herein.
The Plaintiff is not presently in possession of original Note and Mortgage. However,
a) the Plaintiff was in possession of the Note and Mortgage and was entitled to enforce THEM when
the loss of possession occurred;
b) the loss of possession was not the result of a transfer by Plaintiff or lawful seizure; and
ce) the Plaintiff cannot reasonably obtain possession of the Note and Mortgage because THEIR
whereabouts cannot be determined. p
The terms of the Note are shown on the attached ledger of loan marked as Exhibit " "
The Plaintiff will agree to entry of a Final Judgment of Foreclosure wherein it will be required to indemnify
and hold harmless Defendant(s), TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD
MILLER, from any loss they may incur by reason of a claim by another person to enforce the lost Note and
Mortgage.
WHEREFORE, Plaintiff requests entry of judgment confirming its right to enforce the lost Note and
Mortgage under Fla. Stat.§673.3091.
TO ALL DEFENDANTS: PLEASE NOTE EFFECTIVE OCTOBER 13, 2006, 15 U.S.C. §1692G OF THE
FAIR DEBT COLLECTION PRACTICES ACT HAS BEEN AMENDED AS FOLLOWS:
(a) LEGAL PLEADINGS -- Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is
amended by adding at the end the following new subsection:
"(d) Legal Pleadings -- A communication in the form of a formal pleading in a civil action shall not
be treated as an initial communication for purposes of subsection (a)."
Ne Then Br
HOLLY BETH BILLINGTON -
Law Offices of David J. Stern, P.A.
Attorney for Plaintiff
900 South Pine Island Road SUITE 400
Plantation, FL 33324-3920
(954) 233-8000
08-12491 CWF Bar #: 11075
FAGROUPS\FCDOCS\COMPLAIN\O8\08-12491.CMP-INSTR # 2006000415019, Doc Type MTG, Pages 17, Recorded 11/02/2006 at 09:03 AM,
Charlie Green, Lee County Clerk of Circuit Court, Mtg Doc: $455.00 Int. Tax
$260.00 Rec. Fee $146.00 Deputy Clerk WMILLER
y Ve Le:
NEW TITLE SERVICES,
1910 Park Meadows Or. Be Sa
\ Fort Myers, Ft
Frrves) x73
‘0% Return To:
Ie FIRST MAGNUS FINANCIAL CORP.
603 N. WILMOT
TUCSON, AZ 85711
This document was prepared by:
FIRST MAGNUS FINANCIAL CORPORATION
603 N. WILMOT.
TUCSON, AZ 68711
{Space Above This Line For Recor ding Data)
MORTGAGE
LOAN NO.: 3717192887 MIN _ 100039237171028578
MERS Phone: 1-888-879-6377
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated ‘ocToBER 23, 2008 ,
together with all Riders to this document.
(B) "Borrower" is
TAD KENNEDY MILLER, A SINGLE PERSON:
Borrower is the mortgagor under this Security Instrument,
(©) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee
under this Security Instrument, MERS is organized and existing under the laws of Delaware, and has an
address and telephone of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is
FIRST MAGNUS FINANCIAL CORPORATION, AN ARIZONA CORPORATION
vou Mt
FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS. Form 3010 1/01
VMP-BA(FL) (0005), Page 1 of 16 LENDER SUPPORT SYSTEMS, INC, MERSGAFL NEW (0504)
evn AINSTR # 2006000415019 Page Number: 2 of 17
Lender is @ CORPORATION
‘organized and existing under the laws of ARIZONA
Lender's address is
603 North Wilmot Road, TUCSON, AZ 85711
©) "Note* means the promissory note signed by Borrower and dated OCTOBER 23, 2008
‘The Note states that Borrower owes Lender
ONE HUNDRED THIRTY THOUSAND AND NO/100 X X X XXX XXX XXX XX KXXKXAKAKAKK D
jollars
(U.S, $130,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than NOVEMBER 01, 2036 .
) "Property" means the property that is described below under the heading “Transfer of Rights in the
Property."
(G) "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.
(8) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
Adjustable Rate Rider L_] Condominium Rider ([) 1-4 Family Rider
() Graduated Payment Rider [—] Planned Unit Development Rider _[_] Biweekly Payment Rider
(1 Balloon Rider ) Rate Improvement Rider [1 Second Home Rider
1) Others) {specify}
©, "Applicable Law" means ail controling applicable federal, sine and local stats, regulation,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
© "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments, and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer means any transfer of funds, other than a transaction originated by
check, draf, of similar paper instrument, which is initiated. through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as {o order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not’ limited to, point-of-sale transfers, automated teller
machine transactions, transfers Iniated’ by telephone, wire tansfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: ()
damage to, or destruction of, the Property; (i) condemnation or other taking of all or any part of the
Property; (ii) conveyance in liew of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property,
QS) FMortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan,
(©) "Periodic Peyment™ means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument. +H
VMP-BA(FL) (0005) Page 2 oF 16 Form 3010 1/07INSTR # 2006000415019 Page Number: 3 of 17
(P) *RESPA* means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 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 thai governs the same subject matter. As used
in this Security Instrument, "RESPA” refers to all requirements and restrictions that are i in
to a federally related morgage loan” even ifthe Loan does not qualify as a “federally related mortgage
loan” under RESPA.
(Q)jSuocesso in Interet of Borrower* means any party that has taken tle to the Property, whether or
‘tot that party has assumed Borrower's obligations under the Note and/or this Security Instrument,
‘TRANSFER OF RIGHTS IN THE PROPERTY
‘This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and
‘modifications of the Note; and (i) 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
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
‘COUNTY
assigns of MERS, the following described property located in the
(Type of Recording Jurisdiction) of UE [Name of Recording Jurisdiction}:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE PART. «jAND BEING MORE:
PARTICULARLY DESCABED IN EXHIDIT “A” ATTACHED HERETO AND WADEA PRMT NEDF.
Parcel ID Number: 22432605000000420 which currently has the address of
(2034 CLARKE AVENUE (Street)
FORT MYERS: {Cityl, Florida 33005 [Zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
casements, appurtenances, and fixtures pow ot hereafter a par of the property. Al! replacements and
addon, stall also be covered by this Security Inirament. All of the foregoing is refered to in this
Security Instrument as the "Property." Borrower understands and agrees that holds only legal tite
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has ihe right: 10 exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
ake any action required of Lender including, but not limited (0, releasing and canceling this Security
Instrument.
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12/31/2008 2:09 PM Filed Lee County Clerk of Courts IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: THE BANK OF NEW YORK MELLON E/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. 956375 ALTERNATIVE LOAN TRUST 2006-41CB, 0g—CA- herr MORTGAGE PASS-THROUGH CERTIFICATES, Judge: Winesett, She SERIES 2006-41CB PLAINTIFF VS. TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD MILLER; UNKNOWN SPOUSE OF TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD MILLER IF ANY; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE, DEAD OR ALIVE , WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS; SUNTRUST BANK; JOHN DOE AND JANE DOE AS UNKNOWN TENANTS IN POSSESSION Le COMPLAINT TO FORECLOSE MORTGAGE AND TO ENFORCE LOST LOAN DOCUMENTS Plaintiff, sues the Defendant(s) and alleges: COUNT I 1. THIS IS AN ACTION to foreclose a Mortgage on real property in LEE County, Florida. 2. This Court has jurisdiction over the subject matter herein. 3. On OCTOBER 23, 2006 TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD MILLER, A SINGLE PERSON executed and delivered a Promissory Note and a Mortgage securing payment of the Note to the Payee named thereon. 4. The Mortgage was recorded on NOVEMBER 2, 2006 in INSTRUMENT NO. 2006000415019, of the Public Records of LEE County, Florida, and mortgaged the property described in it, then owned by and possessed by the Mortgagors, a copy of the Mortgage IS attached hereto as "Exhibit "A". Said mortgage was subsequently assigned to THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-41CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-41CB by virtue of an assignment to be recorded. 5. The Plaintiff owns and holds the Note and Mortgage. 6. The property is now owned by the Defendant(s), TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD MILLER, if living and if dead, the unknown spouses, heirs and beneficiaries of TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD MILLER who hold(s) possession. 7, There is a default under the terms of the note and mortgage for the SEPTEMBER 1, 2008 payment and all payments due thereafter.8. All conditions precedent to the acceleration of this Mortgage Note and to foreclosure of the Mortgage have been fulfilled or have occurred. 9. The Plaintiff declares the full amount payable under the Note and Mortgage to be due. 10. The borrowers owe Plaintiff $127,392.44 that is due in principal on the Mortgage Note and Mortgage, together with interest from AUGUST 1, 2008, late charges, and all costs of collection including title search expenses for ascertaining necessary parties to this action and reasonable attorney's fees. 1. Plaintiff is obligated to pay its attorney a reasonable fee for his services rendered. 12. Defendants, John Doe and Jane Doe, may claim an interest in the property described in the Mortgage as tenants pursuant to a lease agreement, either written or oral. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff. 13. In addition to all other named defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, trustees, successors in interest or other parties claiming an interest in the subject property by, through under or against any of said defendants, whether natural or corporate, who are not known to be alive or dead, dissolved or existing, are joined as defendants herein. The claims of any of said parties are subject, subordinate, and inferior to the interest of Plaintiff. 14, The Defendant, UNKNOWN SPOUSE OF TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A. TAD MILLER , is joined because SHE may claim some interest in or lien upon the subject property by virtue of a possible homestead interest. Said interest is subject, subordinate and inferior to the interest of the Plaintiff's mortgage. 15. The Defendant(s), SUNTRUST BANK, IS joined because IT may claim some interest in or lien upon the subject property by virtue of a MORTGAGE recorded in INSTRUMENT NO, 2006000471490 in LEE COUNTY which is inferior to Plaintiffs Mortgage described herein. WHEREFORE, Plaintiff prays: That an accounting may be had and taken under the direction of this Court of what is due the Plaintiff for principal and interest on said Mortgage and Mortgage Note, and for the costs, charges and expenses, including attorney's fees and title search costs, and advancements which Plaintiff may be put to or incur in and about this suit, and that the Defendants found responsible for same be ordered to pay the Plaintiff herein the amounts so found to be due it; that in default of such payments, all right, title, interest, claim, demand, or equity of redemption of the Defendants and all other persons claiming by, through, under or against said Defendants since the filing of the Lis Pendens herein be absolutely barred and foreclosed and that said mortgage property be sold under the direction of this Court; that out of the proceeds of said sale, the amounts due the Plaintiff may be paid so far as same will suffice; and that a deficiency judgment be entered if applicable and only in the event no Order of Discharge of Personal Liability in Bankruptcy has been entered as to any of the Defendants who signed the subject Note and Mortgage and a Writ of Possession be issued. COUNT II 16. This is an action to enforce a lost, destroyed or stolen promissory note and Mortgage under Fla.Stat.§673.3091. 17. On OCTOBER 23, 2006, TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD MILLER, A SINGLE PERSON, executed and delivered a Promissory Note and a Mortgage securing payment of the Note to the payee named thereon.20. 21. The Mortgage was recorded on NOVEMBER 2, 2006 in INSTRUMENT NO. 2006000415019, of the Public Records of LEE County, Florida, a substantial copy of the Mortgage being attached hereto as composite Exhibit “A” to the Plaintiff's original Complaint herein. The Plaintiff is not presently in possession of original Note and Mortgage. However, a) the Plaintiff was in possession of the Note and Mortgage and was entitled to enforce THEM when the loss of possession occurred; b) the loss of possession was not the result of a transfer by Plaintiff or lawful seizure; and ce) the Plaintiff cannot reasonably obtain possession of the Note and Mortgage because THEIR whereabouts cannot be determined. p The terms of the Note are shown on the attached ledger of loan marked as Exhibit " " The Plaintiff will agree to entry of a Final Judgment of Foreclosure wherein it will be required to indemnify and hold harmless Defendant(s), TAD KENNEDY MILLER A/K/A TAD K. MILLER A/K/A TAD MILLER, from any loss they may incur by reason of a claim by another person to enforce the lost Note and Mortgage. WHEREFORE, Plaintiff requests entry of judgment confirming its right to enforce the lost Note and Mortgage under Fla. Stat.§673.3091. TO ALL DEFENDANTS: PLEASE NOTE EFFECTIVE OCTOBER 13, 2006, 15 U.S.C. §1692G OF THE FAIR DEBT COLLECTION PRACTICES ACT HAS BEEN AMENDED AS FOLLOWS: (a) LEGAL PLEADINGS -- Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is amended by adding at the end the following new subsection: "(d) Legal Pleadings -- A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a)." Ne Then Br HOLLY BETH BILLINGTON - Law Offices of David J. Stern, P.A. Attorney for Plaintiff 900 South Pine Island Road SUITE 400 Plantation, FL 33324-3920 (954) 233-8000 08-12491 CWF Bar #: 11075 FAGROUPS\FCDOCS\COMPLAIN\O8\08-12491.CMP-INSTR # 2006000415019, Doc Type MTG, Pages 17, Recorded 11/02/2006 at 09:03 AM, Charlie Green, Lee County Clerk of Circuit Court, Mtg Doc: $455.00 Int. Tax $260.00 Rec. Fee $146.00 Deputy Clerk WMILLER y Ve Le: NEW TITLE SERVICES, 1910 Park Meadows Or. Be Sa \ Fort Myers, Ft Frrves) x73 ‘0% Return To: Ie FIRST MAGNUS FINANCIAL CORP. 603 N. WILMOT TUCSON, AZ 85711 This document was prepared by: FIRST MAGNUS FINANCIAL CORPORATION 603 N. WILMOT. TUCSON, AZ 68711 {Space Above This Line For Recor ding Data) MORTGAGE LOAN NO.: 3717192887 MIN _ 100039237171028578 MERS Phone: 1-888-879-6377 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated ‘ocToBER 23, 2008 , together with all Riders to this document. (B) "Borrower" is TAD KENNEDY MILLER, A SINGLE PERSON: Borrower is the mortgagor under this Security Instrument, (©) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument, MERS is organized and existing under the laws of Delaware, and has an address and telephone of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is FIRST MAGNUS FINANCIAL CORPORATION, AN ARIZONA CORPORATION vou Mt FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS. Form 3010 1/01 VMP-BA(FL) (0005), Page 1 of 16 LENDER SUPPORT SYSTEMS, INC, MERSGAFL NEW (0504) evn AINSTR # 2006000415019 Page Number: 2 of 17 Lender is @ CORPORATION ‘organized and existing under the laws of ARIZONA Lender's address is 603 North Wilmot Road, TUCSON, AZ 85711 ©) "Note* means the promissory note signed by Borrower and dated OCTOBER 23, 2008 ‘The Note states that Borrower owes Lender ONE HUNDRED THIRTY THOUSAND AND NO/100 X X X XXX XXX XXX XX KXXKXAKAKAKK D jollars (U.S, $130,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 01, 2036 . ) "Property" means the property that is described below under the heading “Transfer of Rights in the Property." (G) "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. (8) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider L_] Condominium Rider ([) 1-4 Family Rider () Graduated Payment Rider [—] Planned Unit Development Rider _[_] Biweekly Payment Rider (1 Balloon Rider ) Rate Improvement Rider [1 Second Home Rider 1) Others) {specify} ©, "Applicable Law" means ail controling applicable federal, sine and local stats, regulation, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. © "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments, and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer means any transfer of funds, other than a transaction originated by check, draf, of similar paper instrument, which is initiated. through an electronic terminal, telephonic instrument, computer, or magnetic tape so as {o order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not’ limited to, point-of-sale transfers, automated teller machine transactions, transfers Iniated’ by telephone, wire tansfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: () damage to, or destruction of, the Property; (i) condemnation or other taking of all or any part of the Property; (ii) conveyance in liew of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property, QS) FMortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan, (©) "Periodic Peyment™ means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. +H VMP-BA(FL) (0005) Page 2 oF 16 Form 3010 1/07INSTR # 2006000415019 Page Number: 3 of 17 (P) *RESPA* means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 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 thai governs the same subject matter. As used in this Security Instrument, "RESPA” refers to all requirements and restrictions that are i in to a federally related morgage loan” even ifthe Loan does not qualify as a “federally related mortgage loan” under RESPA. (Q)jSuocesso in Interet of Borrower* means any party that has taken tle to the Property, whether or ‘tot that party has assumed Borrower's obligations under the Note and/or this Security Instrument, ‘TRANSFER OF RIGHTS IN THE PROPERTY ‘This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and ‘modifications of the Note; and (i) 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 MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and ‘COUNTY assigns of MERS, the following described property located in the (Type of Recording Jurisdiction) of UE [Name of Recording Jurisdiction}: LEGAL DESCRIPTION ATTACHED HERETO AND MADE PART. «jAND BEING MORE: PARTICULARLY DESCABED IN EXHIDIT “A” ATTACHED HERETO AND WADEA PRMT NEDF. Parcel ID Number: 22432605000000420 which currently has the address of (2034 CLARKE AVENUE (Street) FORT MYERS: {Cityl, Florida 33005 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures pow ot hereafter a par of the property. Al! replacements and addon, stall also be covered by this Security Inirament. All of the foregoing is refered to in this Security Instrument as the "Property." Borrower understands and agrees that holds only legal tite to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has ihe right: 10 exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to ake any action required of Lender including, but not limited (0, releasing and canceling this Security Instrument.