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“eek FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 2/26/2015 4:18:42 PM.***#
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
Ocwen Loan Servicing, LLC, GENERAL JURISDICTION DIVISION
Plaintiff, Case No. CACE14016673
vs.
Darren Green a/k/a Darren St. Patrick Green; et al,
Defendants.
/
NOTICE OF FILING
Plaintiff, Ocwen Loan Servicing, LLC, by and through its undersigned counsel, hereby
gives notice of filing ee
ORIGINAL NOTE
ORIGINAL MORTGAGE
COPY OF PAYMENT HISTORY
COPY OF DEMAND LETTER
BROCK & SCOTT, PLLC
Attorney for Plaintiff
1501 N.W. 49" Street, Suite 200
Ft. Lauderdale, FL 33309
Phone: (954) 618-6955, ext. 6152
Fax: (954) 618-6954
FLCourtDocs@brockandscott.com
Case No. CACE14016673 a File # 14-F01483. e : [009502150
ORIGINAL A34q}>.
FIXED/ADJUSTABLE RATE NOTE a fh .
INTEREST ONLY PERIOD 2)
(1-Year LIBOR Index - Rate Caps)
(Assumable after Initial Period)
( 10 Year Interest Only Period)
bt _ rz! MIN: 100055.
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE | MUST PAY.
March 21, 2007 MIAMI Florida
[Date] [Cry] {State}
8375 SW S STREET, PEMBROKE PINES, FL 33025
[Property Address]
1. BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 147,681.60 (this amount 1s called "Principal"),
plus interest, to the order of the Lender The Lender is INDYMAC BANK, F.S.B., A FEDERALLY
CHARTERED SAVINGS BANK
T will make all payments under this Note in the form of cash, check o1 money order.
T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who 1s
entitled to receive payments under this Note 1s 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 at a yearly
rate of 7.250 %. The interest rate I will pay will change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note 1s the rate I will pay both before and after any
default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Tine and Place of Payments
I will make a payment every month on the first day of the month beginning on May 1, 2007
I will make these payments every month untl I have paid all of the principal and interest and any other charges described below
that I may owe under this Note Each monthiy payment will be applied as of its scheduled due date and if the payment consists
of both principal and interest, it will be applied to interest before Principal. If, on April 1, 2037 , [still owe
amounts under this Note, I will pay those amounts in full on that date, which 1s called the "Maturity Date."
T will make my monthly payments at INDYMAC BANK, F.S.B., P.O. BOX 78826, PHOENIX, AZ
85062-8826
or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Before the first fully amortizing principal and interest payment due date stated in subsection (C) below (the "First P&l
Payment Due Date"), my monthly payments will be only tor the interest due on the unpaid principal of this Note.
Each of my initial monthly payments will be in the amount of U.S $ 892.24 . This amount may change
in accordance with subsection (C) below.
IndyMac Bank
Fixed/Adjustable Rate Note - 1 Yr Libor Index - Interest Only Pernod - Florida a Se _
Page 1 of & Form 5600(FL)
8480854 10507) \VMP Mortgage Soiutions, In
“TUE(C) Monthly Payment Changes
The First P&I Payment Due Dateis May 1, 2017 .
Prior to the First P&I Payment Due Date, my monthly payment may change to reflect changes in the interest rate | must
pay in accordance with Section 4 of this Note or to reflect changes in the unpaid principal of my loan in accordance with Secuon
5 of this Note. Notwithstanding the provisions of Section 4(C) of this Note to the contrary, prior to the First P&I Payment Due
Date the Note Holder will not include in the monthly payment any amount to repay the unpaid principal. Before the effective
date of any change in my monthly payment, the Note Holder will deliver or mail to me a notice of the change in accordance
with Section 8 of this Note. The notice will include the tutle and telephone number of a person who will answer any question |
may have regarding the notice.
Beginning with the First P&I Payment Due Date, my monthly payment will change to an amount sufficient to repay the
principal and interest at the rate described in Section 4 of this Note in substantially cqual installments by the Maturity Date. The
Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Sections 4
and 5 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of April, 2012 , and may change
on that day every 12th month thereafter. Each date on which my interest raic could change 1s called an "Interest Change Date."
(B) The Index
Beginning with the first Interest Change Date, my interest rate will be based on an Index. The "Index" 1s the one-year
London Interbank Offered Rate ("LIBOR") which 1s the average of interbank offered rates for one-year U.S. dollar-denominated
deposits in the London market, as published in The Wall Street Journal. The most recent Index figure available as of the date 45
days before each Interest Change Date 1s called the "Current Index."
If the Index 1s no longer available, the Note Holder will choose a new index which 1s based upon comparable information.
The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Interest Change Date, the Note Holder will calculate my new interest rate by adding three and
NO/1000ths percentage point(s) ( 3.000 %) to the Current Index. The Note Holder wili
then round the result of this addition to the nearest one-cighth of one percentage point (0.125%). Subject to the limits stated in
Section 4(D) below, this rounded amount will be my new interest rate until the next Interest Change Date.
The Note Holder will then determme the amount of the monthly payment that would be sufficient to repay the unpaid
principal that I am expected to owe at the Interest Change Date in full on the Maturity Date at my new interest rate in
substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Interest Change Date will not be greater than 12.250 % or
less than 3.000 %. Thereafter, my interest rate will never be increased or decreased on any single Interest
Change Date by more than two and NO/1600ths percentage point(s) ( 2.000 %) from the rate
of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 12.250 %.
(E) Effective Date of Changes
My new interest rate will become effecuve on each Interest Change Date. | will pay the amount of my new monthly
Payment beginning on the first monthly payment date after the Interest Change Date unul the amount of my monthly payment
changes again.
(F) Notice of Changes
The Note Holder will deliver or mai! to me a notice of any changes in my interest rate and the amount of my monthly
payment before the effective date of any change The notice will include information required by law to be given to me and also
the title and telephone number of a person who will answer any question J may have regarding the notice.
5. BORROWER’S RIGHT TO PREPAY
T have the right to make payments of Principal at any time before they are due. A payment of Principal only 1s known as a
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that.I owe under this Notc However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes 1n the due dates of my monthly payment
unless the Note Holder agrees in writing to the changes.
loan No: Form S600(FL)
ee OLN AIf I make a partial Prepayment during the period ending with the due date of my last interest only monthly payment, my
partial Prepayment will reduce the amount of my monthly payment. If I make a partial Prepayment after the last interest only
monthly payment, iny partial Prepayment may reduce the amount of my monthly payments beginning with the monthly payment
due after the Interest Change Date following the partial Prepayment. After the first Interest Change Date, any reduction due to
my partial Prepayment may be offset by an iterest rate increase. :
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, 1s finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this foan excced the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (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 Note or by making a direct payment to me If a refund reduces Principal, the reduction will be treated
as a partial Prepayment.
7. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount ot any monthly payment by the end of 15 calendar days
after the date 1t 1s 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 interest during the period when my payment is interest only, and of principal and interest after that. [
will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of cach monthly payment on the date it 1s due, I will be in default
(C) Notice of Default
If [ am in default, the Note Holder may send me a written notice telling me that if { do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal'which has not been paid and all
the interest that I owe on that amount That date must be at least 30 days after the date on which the notice 1s mailed to me or
delivered by other cans.
(D) No Waiver By Note Holder
Even if, at a ume 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 | am in default at a later me.
(E) Payment of Note Holder’s Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of iis costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys’ fees
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing :t by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mauling it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person 1s fully and personally obligated to keep all of the promises made in
this Note, mcluding the promise to pay the full amount owed Any person who 1s a guarantor, surety or endorser of this Note ts
also obligated to do these things. Any person: who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep ail of the promises made in this Note. The Note Holder may enforce its mghts
under this Note against each person individually or against ali of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
10. WAIVERS
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 require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts duc have not been paid
Loan No: ‘ a Form 5600(FL)
| COANE exce a,
11. UNIFORM SECURED NOTE
‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions J 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
(A) UNTIL MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN SECTION 4 ABOVE,
UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the
Property.” means any legal or beneficial interest in the Property, including, but not limuted to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agrcement, the intent
of which ts the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower 1s not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise 1s prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice 1s 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 Security Instrument without further notice or demand
on Borrower.
(B) AFTER MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN SECTION 4 ABOVE,
UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION 11(A) ABOVE SHALL
THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL
INSTEAD BE DESCRIBED AS FOLLOWS:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Scction 18, "Interest in the
Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which 1s the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower 1s sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise 1s prohibited by Applicable Law. Lender also shall not exercise this
option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the iniended
transferee as 1f a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender’s
security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agrcement in
this Security Instrument is acceptable to Lender
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender’s
consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is
acceptable (o Lender and that obligates the transferec to keep all the promuses and agreements made in the Note and in
this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless
Lender releases Borrower in writing. .
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration. The notice shall provide a pctiod of not less than 30 days from the date the notice 1s 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 Security
Instrument without further notice or demand on Borrower
12. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
Loan No: 7 Form 5600(FL)
sur (OANAWITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
hui — (Seal) (Seal)
DARREN gr PATRICK GREEN -Boriower : ‘Borrower
(Seal) (Seal)
-Borrowet Borrower
(Seal) _. : (Seal)
-Borrower Borrower
(Seal) (Seal)
-Bortower . Borrower
[Sign Original Only]
PAY TO THE ORDER OF
WITHOUT RECOURSE
INDYMAC BANK, F.S.B
Vow Derekrowrht
VINCENT DOMBROWSKI
VICE PRESIDENT
Loan No: 7
Form 5600(FL)
ee
8480854 10507) Page 5 of 5@ | @
ADDENDUM TO ADJUSTABLE RATE NOTE ba):
(Prepayment)
THIS ADDENDUM is made this 21st day of “March, 2007 , and Is incorporated into and
intended to form a part of an Adjustable Rate Note dated the same date as this Addendum.
1. Section 5 of the Adjustable Rate Note is modified to provide that | have the right to make
payments of principal at any time before they are due. A Prepayment of all of the unpaid principal is known as a
“Full Prepayment.” A Prepayment of only part of the unpaid principal is known as a “Partial Prepayment.”
Except as provided below, | may make a Fuil Prepayment or a Partial Prepayment at any time without
paying any Prepayment charge. If within the first three (3 ) year(s) | make a Partial
Prepayment or Partial Prepayment(s) of less than twenty percent (20%) of the original principal amount in any
twelve (12) month period, | will not pay a Prepayment penalty. However, if within the first three
( 3 ) year(s), | make a Full Prepayment, Partial Prepayment or Partial Prepayments of more than
twenty percent (20%) of the original principal amount in any 12-month period, | will pay a Prepayment charge in
an amount equal to the payment of six (6) months’ advance interest on the amount prepaid in excess of twenty
percent (20%) of the original principal amount.
{f make a Partial Prepayment equal to one or more of my monthly payments, the due date of my next
scheduled monthly payment may be advanced no more than one month. If | make a Partial Prepayment in any
other amount, | must still make all subsequent monthly payments as scheduled.
2. All other provisions of the Adjustable Rate Note are unchanged by this Addendum and remain in
full force and effect.
area: _ lat lor
(Seai) (Seai)
DARREN| 9T PATRICK GREEN Borrower “Borrower
(Seal) (Seal)
-Borrower : -Borrower
(Seal) (Seal)
-Borrower Borrower
(Seal) (Seal)
-Borrower -Borrower
IndyMac Bank and Federally Exempted Seller Use Only
Hard Prepayment Addendum (1-3 yrs) - ARM
First Mortgages - Multistate, Arkansas (loans over $150,000)
SPD #084
8480279 10407) MP Mortgage Solutions, Inc (800/521-7231 (08/04)ADDENDUM TO ADJUSTABLE RATE NOTE
ba):
THIS ADDENDUM is made this 21st day of March, 2007 , and is incorporated
into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum.
1. Section 4(D) of the Adjustable Rate Note is modified as follows:
The interest rate | am required to pay at the first Change Date will not be greater than
12.250 % or less than 3.000 %. Thereafter, my interest rate will never
be increased or decreased on any single change Date by more than two and NO/1000ths
percentage point(s) ( 2.000 %) from the rate of interest | have been paying for the preceding
12 months. My interest rate will never be greater than 12.250 % or less than
3.000 %.
2. All other provisions of the Adjustable Rate Note are unchanged by this Addendum and remain in full
force and effect.
Dated: la l oT
(Seal) (Seal)
DARREN F PATRICK GREEN Borrower Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
OO AT
IndyMac Bank |
ARM Note Addendum - Multistate 1074
8480344 (0602) MP Mortgage Solutions, ine (2/06)7 Prepared by or under the supervision of: | TST eee aoes 807 - 831
JEREMY W. WRIGHT : | RECORDED 04/27/07 160 12
‘ 7 | BROWARD COUNTY COMMISS!
[Name of Natural Person} | DOG STM 38 ee
480 EAST GERMANTOWN PIKE | MTpUTy CLERK 3320
#2, 25 Pages
[Street Address}
EAST NORRITON, PA 19401 |
[City, State Zip Code} ei
After recording please return to:
INDYMAC BANK, F.S.B., C/O DOCUMENT
MANAGEMENT
[Company Name}
[Name of Natural Person] iC
BLDG B, 901 E 104TH ST, SUITE 460/500 NO lOc
[Street Address]
KANSAS CITY, MO 64131
[City, State Zip Code)
[Space Above This Line For Recording Data}
MORTGAGE
MIN: 1000554 1
DEFINITIONS
Words used in multiple sections of this document are defined below and other words ate defined in Sections 3. 1,
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 March 21, 2007 , together
with all Riders to this document
(B) “Borrower” is DARREN GREEN a oreo mary
Borrower ts the mortgagor under this Security Instrument
(C) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS 1s a separate corporation that is acting
solely as a nominee for Lender and Lender’s successors and assigns. MERS 1s the mortgagee under this Security
Instrument. MERS is organized and existing unde: the laws of Delaware, and has an address and telephone
number of PO. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
Loan No:
‘Single Family mie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 0141
— THE COMPLIANCE SOURCE, INC.— Page | of 14 1430 FL 104
‘wus compliancesource com
© 2004, The Complrance Saurue ls
HOTT DG* (D) “Lender” is INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK
Lenderisa Federal Savings Bank ‘ : organized and existing under the laws of
United States of America Lender's address is. 155 NORTH LAKE
AVENUE, PASADENA, CA 91101
(E) “Note” means the promissory note signed by Borrower and dated March 21, 2007 . The
Note states that Borrower owes Lender one hundred forty seven thousand six hundred
eighty one and 60/100ths Dollars (U.S. $ 147,681.60 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not
later than April 1, 2037
(F) “Property” means the property that 1s descr:bed 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
(H) “Riders” means all Riders to this Security Instrument that are executed by Borrower The foliowing
Riders are to be executed by Borrower [check box as applicable}:
[ra] Adjustable Rate Rider fk } Condominium Rider {_] second Home Rider
Balloon Rider [_] Planned Unit Development Rider [_] Biweekly Payment Rider
(_] 1-4 Family Rider (] revocable Trust Rider
CJ Other(s) [specify]
wD “Applicable Law” means all controlling applicable federal, state and local Statutes, regulations, ordinances
and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable
judicial opinions
(J) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other
charges that are impased on Borrower or the Property by a condominium association, homeowners association or
simular organization.
(K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check,
draft, or similai paper instrument, which 1s initiated through an electronic terminal, telephonic instrument, computer,
or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(L) “Escrow Items” means those items that aie 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. (i) damage to,
or destruction of, the Property; (1!) condemnation or other taking of all or any part of the Property, (1m) conveyance
in leu of condemnation; or (iv) misrepresentations of. or omissions as to, the value and/or condition of the Property
(N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, o1 default on, the
Loan
Ioan No: 125739932
Florida Mortgage-Single Family-Fannie Mac/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3610 01/01
—THe ComPLiance SouRcE, I Page 2 of 14 4301FL 1196
‘nw complianesouree com (© 2004 The Compliance Soure, Ine
; ii
LAER MG* (O) “Periodic Payment” means the regulatly scheduled amount due for (1) principal and interest under the
Note, plus (11) any amounts under Section 3 of th:s Security Instrument .
(P) “RESPA” means the Real Estate Settlement Procedures Act (12 USC §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 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 does not qualify as a “federally related mortgage loan” under RESPA.
Q “Successor in Interest of Borrower” means any party that has taken ttle to the Property, whether or not
that party has assumed Borrower’s obligations under the Note and/or this Security Instrument.
County of BROWARD
[Type of Recording Jurisdiction}, [Name of Recording Junsdiction]
which has a legal description of .
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
which currently has the address of 8375 SW 5 STREET
[Street] 7
PEMBROKE PINES > Florida 33025
[City [Zip Code}
(“Property Address”) :
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 and additions shall also be
covered by this Security Instrument. All of the foregoing 1s referred to in this Security Instrument as the “Property ”
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s
successors and assigns) has the right. to exercise any or all of those inteiests, including, but not limited to, the right
to foreclose and sell the Property. and to take any action required of Lender including, but not limited to, releasing
and canceling this Security Instrument
BORROWER COVENANTS that Borrower 1s lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction tc consututc a uniform security instrument covering real property.
UNIFORM COVENANTS Borrower and Lender covenant 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 any 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 Security Instrument shall be made in U.S, currency. However, if any check or
other instrument received by Lender as payment under the Note or this Security Instrument 1s 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 (a) cash, (b) money: order; (c) certified check,
bank check, treasurer's check or cashiet’s check. provided any such check ts drawn upon an institution whose
deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer,
Loan No: 125739932 :
Florida Mortgage-Single Family-Fannie Mac/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01
—THE COMPLIANCE SOURCE, INC.— Page 3 of 1d W4300FL 11/04
‘wuew comipliancesource com © 2004, The Comphance Source, Ine
AOE NePayments are deemed received by Lender when received at the location designated in the Note or at such
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 partiai payments are insufficient to bring the Loan current
Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any
rights 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 If each 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 cunent If Borrower does not do so within a reasonable
period of time, Lender shall either apply such funds or return 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 Instrument 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 due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender recetves 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 the 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 1s 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, surance 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. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for. (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5, and (d) Mortgage Insurance premiums, if any, 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 items 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 Escrow Item Borrower shall promptly furnish to Lender all notices
of amounts 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 Escrow Items Lender may waive Borrower’s
obligation to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be in writing,
In the event of such waiver, Borrower shall pay directly, when and whcre payable, the amounts die for any Escrow
Items for which payment of Funds has 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’s obligation to make
such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in
this Security Instrument, as the phrase “covenant and agreement” 1s used in Section 9. If Borrower 1s obligated to
pay Escrow Items directly, 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 repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any
ume by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender ail
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 (a) 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
Loan No: 125739932
Florida Mortgage-Single Family-Fannic Mac/Freddic Mac UNIFORM INSTRUMENT MERS Modified Form 3610 G1/01
—Tue ComPLiance SouRCE, INC— Page 4 of 14 Naor, 1108
‘rw cniphancesouree com {© 2004, The Compliance Souree, ne
ASIA NGRESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow {tems or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whost 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 applying 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 1s made in writing o: Applicable Law requires 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 on 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 pay 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 RESPA. 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 Funds 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, Fees, 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, (b) contests the lien in good faith by, or defends
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 untii such proceedings are concluded; or (c) secures from
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument 1f
Lender determines that any 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 len Within 10 days of the date on which that notice
1s given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan
5. Property Insurance. Bonower shall keep the improvements now existing or hereafier erected on the
Property insured against loss by fire, hazards included within the term “eatended coverage,” and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance This insurance shal! be
maintained in the amounts (including deductible leve!s) 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 shall be chosen by Borrower subject to Lender’s right to disapprove Borrower’s choice,
which right shall not be exercised unreasonably Lender may require Borrower to pay, in connection with this Loan,
either: (a) a one-time charge for flood zone determination, certification and tracking services, or (b) a one-time
charge for flood zone determination and certification services and subsequent charges each time remappings or
similar changes occur which reasonably might affect such determination or certification Borrower shall also 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 1s 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, Borrower’s
equity in the Property, or the contents of the Property, against any risk, hazaia o1 liability and might provide greater
Loan No: 125739932
Florida Mortgage-Single Family-Fanme Mac/Freddie Mac UNIFORM INSTRUMENT. MERS Modified Form 3010 01/01
—Tite COMPLIANCE SOURCE, INC.— Page 5 of ld 7 14301 FL 11704
winw comphancesource com 2004, The Cumplianes Source Ine
AEDST NGor lesser coverage than was previously in effect. Borrower acknowledges that the cost 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 shall name Lender as mortgagee 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 clausc and shall name Lender as mortgagee and/or as an additional loss
payee
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
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 repair 1s economically 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 be undertaken 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 shal! not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance procceds and shall be the sole obligation of Boriower If
the restoration or repair is not economically feas.ble 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 due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applicd 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 clam. 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
assigns to Lender (a) Borrower’s rights to any insurance proceeds in an amount not to 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 unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicable 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 due
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 to occupy the Property as
Borrower’s principal residence for at least one year 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. '
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether
or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property
from deteriorating or decreasing in value due to its condition Unless it is determined pursuant to Section 5 that
tepair 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 1s completed. If the insurance or condemnation proceeds
are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower’s obligation for the
completion of such repair or restoration
Loan No: 125739932
Florida Mortgage-Single Famuly-Fannic Mac/Freddic Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01
—THE COMPLIANCE SOURCE, INC— Page 6 of Ld 14301K1. 11704
‘wnew compliancesource com ©2004, The Compliance Source Ine
H
ACEI OGLender or its agent may make reasonable entries upon and inspections of the Property If it has reasonable
cause, Lender may inspect the tnterior of the improvements on the Property Lender shall give Borrower notice at
the time of or prior to such an interior inspection speci fing sucit easonable cause
8. Borrower’s Loan Application. Borrower shai! be in default if, during the Loan application process,
Borrower or any persons or entities acting at the 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, (b) there 1s a legai
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 (c) Borrower has
abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate 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 securing and/or repairig the Property. Lender's actions can include, but are not limited to:
(a) paying any 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 Securing 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, eliminate 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 1s not under any duty or
obligation to do so. It is agreed that Lender incurs no ltability for not taking any or all actions authorized under t
Preview
“eek FILED: BROWARD COUNTY, FL Howard C. Forman, CLERK 2/26/2015 4:18:42 PM.***# IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Ocwen Loan Servicing, LLC, GENERAL JURISDICTION DIVISION Plaintiff, Case No. CACE14016673 vs. Darren Green a/k/a Darren St. Patrick Green; et al, Defendants. / NOTICE OF FILING Plaintiff, Ocwen Loan Servicing, LLC, by and through its undersigned counsel, hereby gives notice of filing ee ORIGINAL NOTE ORIGINAL MORTGAGE COPY OF PAYMENT HISTORY COPY OF DEMAND LETTER BROCK & SCOTT, PLLC Attorney for Plaintiff 1501 N.W. 49" Street, Suite 200 Ft. Lauderdale, FL 33309 Phone: (954) 618-6955, ext. 6152 Fax: (954) 618-6954 FLCourtDocs@brockandscott.com Case No. CACE14016673 a File # 14-F01483. e : [009502150 ORIGINAL A34q}>. FIXED/ADJUSTABLE RATE NOTE a fh . INTEREST ONLY PERIOD 2) (1-Year LIBOR Index - Rate Caps) (Assumable after Initial Period) ( 10 Year Interest Only Period) bt _ rz! MIN: 100055. THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE | MUST PAY. March 21, 2007 MIAMI Florida [Date] [Cry] {State} 8375 SW S STREET, PEMBROKE PINES, FL 33025 [Property Address] 1. BORROWER’S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 147,681.60 (this amount 1s called "Principal"), plus interest, to the order of the Lender The Lender is INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK T will make all payments under this Note in the form of cash, check o1 money order. T understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who 1s entitled to receive payments under this Note 1s 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 at a yearly rate of 7.250 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note 1s the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Tine and Place of Payments I will make a payment every month on the first day of the month beginning on May 1, 2007 I will make these payments every month untl I have paid all of the principal and interest and any other charges described below that I may owe under this Note Each monthiy payment will be applied as of its scheduled due date and if the payment consists of both principal and interest, it will be applied to interest before Principal. If, on April 1, 2037 , [still owe amounts under this Note, I will pay those amounts in full on that date, which 1s called the "Maturity Date." T will make my monthly payments at INDYMAC BANK, F.S.B., P.O. BOX 78826, PHOENIX, AZ 85062-8826 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Before the first fully amortizing principal and interest payment due date stated in subsection (C) below (the "First P&l Payment Due Date"), my monthly payments will be only tor the interest due on the unpaid principal of this Note. Each of my initial monthly payments will be in the amount of U.S $ 892.24 . This amount may change in accordance with subsection (C) below. IndyMac Bank Fixed/Adjustable Rate Note - 1 Yr Libor Index - Interest Only Pernod - Florida a Se _ Page 1 of & Form 5600(FL) 8480854 10507) \VMP Mortgage Soiutions, In “TUE(C) Monthly Payment Changes The First P&I Payment Due Dateis May 1, 2017 . Prior to the First P&I Payment Due Date, my monthly payment may change to reflect changes in the interest rate | must pay in accordance with Section 4 of this Note or to reflect changes in the unpaid principal of my loan in accordance with Secuon 5 of this Note. Notwithstanding the provisions of Section 4(C) of this Note to the contrary, prior to the First P&I Payment Due Date the Note Holder will not include in the monthly payment any amount to repay the unpaid principal. Before the effective date of any change in my monthly payment, the Note Holder will deliver or mail to me a notice of the change in accordance with Section 8 of this Note. The notice will include the tutle and telephone number of a person who will answer any question | may have regarding the notice. Beginning with the First P&I Payment Due Date, my monthly payment will change to an amount sufficient to repay the principal and interest at the rate described in Section 4 of this Note in substantially cqual installments by the Maturity Date. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Sections 4 and 5 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of April, 2012 , and may change on that day every 12th month thereafter. Each date on which my interest raic could change 1s called an "Interest Change Date." (B) The Index Beginning with the first Interest Change Date, my interest rate will be based on an Index. The "Index" 1s the one-year London Interbank Offered Rate ("LIBOR") which 1s the average of interbank offered rates for one-year U.S. dollar-denominated deposits in the London market, as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Interest Change Date 1s called the "Current Index." If the Index 1s no longer available, the Note Holder will choose a new index which 1s based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Interest Change Date, the Note Holder will calculate my new interest rate by adding three and NO/1000ths percentage point(s) ( 3.000 %) to the Current Index. The Note Holder wili then round the result of this addition to the nearest one-cighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Interest Change Date. The Note Holder will then determme the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Interest Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Interest Change Date will not be greater than 12.250 % or less than 3.000 %. Thereafter, my interest rate will never be increased or decreased on any single Interest Change Date by more than two and NO/1600ths percentage point(s) ( 2.000 %) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 12.250 %. (E) Effective Date of Changes My new interest rate will become effecuve on each Interest Change Date. | will pay the amount of my new monthly Payment beginning on the first monthly payment date after the Interest Change Date unul the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mai! to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question J may have regarding the notice. 5. BORROWER’S RIGHT TO PREPAY T have the right to make payments of Principal at any time before they are due. A payment of Principal only 1s known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that.I owe under this Notc However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes 1n the due dates of my monthly payment unless the Note Holder agrees in writing to the changes. loan No: Form S600(FL) ee OLN AIf I make a partial Prepayment during the period ending with the due date of my last interest only monthly payment, my partial Prepayment will reduce the amount of my monthly payment. If I make a partial Prepayment after the last interest only monthly payment, iny partial Prepayment may reduce the amount of my monthly payments beginning with the monthly payment due after the Interest Change Date following the partial Prepayment. After the first Interest Change Date, any reduction due to my partial Prepayment may be offset by an iterest rate increase. : 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, 1s finally interpreted so that the interest or other loan charges collected or to be collected in connection with this foan excced the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (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 Note or by making a direct payment to me If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER’S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount ot any monthly payment by the end of 15 calendar days after the date 1t 1s 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 interest during the period when my payment is interest only, and of principal and interest after that. [ will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of cach monthly payment on the date it 1s due, I will be in default (C) Notice of Default If [ am in default, the Note Holder may send me a written notice telling me that if { do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal'which has not been paid and all the interest that I owe on that amount That date must be at least 30 days after the date on which the notice 1s mailed to me or delivered by other cans. (D) No Waiver By Note Holder Even if, at a ume 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 | am in default at a later me. (E) Payment of Note Holder’s Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of iis costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing :t by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mauling it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person 1s fully and personally obligated to keep all of the promises made in this Note, mcluding the promise to pay the full amount owed Any person who 1s a guarantor, surety or endorser of this Note ts also obligated to do these things. Any person: who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep ail of the promises made in this Note. The Note Holder may enforce its mghts under this Note against each person individually or against ali of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS 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 require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts duc have not been paid Loan No: ‘ a Form 5600(FL) | COANE exce a, 11. UNIFORM SECURED NOTE ‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions J 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 (A) UNTIL MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the Property.” means any legal or beneficial interest in the Property, including, but not limuted to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agrcement, the intent of which ts the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower 1s not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise 1s prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice 1s 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 Security Instrument without further notice or demand on Borrower. (B) AFTER MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION 11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Scction 18, "Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which 1s the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower 1s sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise 1s prohibited by Applicable Law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the iniended transferee as 1f a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender’s security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agrcement in this Security Instrument is acceptable to Lender To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender’s consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable (o Lender and that obligates the transferec to keep all the promuses and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. . If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a pctiod of not less than 30 days from the date the notice 1s 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 Security Instrument without further notice or demand on Borrower 12. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. Loan No: 7 Form 5600(FL) sur (OANAWITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED hui — (Seal) (Seal) DARREN gr PATRICK GREEN -Boriower : ‘Borrower (Seal) (Seal) -Borrowet Borrower (Seal) _. : (Seal) -Borrower Borrower (Seal) (Seal) -Bortower . Borrower [Sign Original Only] PAY TO THE ORDER OF WITHOUT RECOURSE INDYMAC BANK, F.S.B Vow Derekrowrht VINCENT DOMBROWSKI VICE PRESIDENT Loan No: 7 Form 5600(FL) ee 8480854 10507) Page 5 of 5@ | @ ADDENDUM TO ADJUSTABLE RATE NOTE ba): (Prepayment) THIS ADDENDUM is made this 21st day of “March, 2007 , and Is incorporated into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum. 1. Section 5 of the Adjustable Rate Note is modified to provide that | have the right to make payments of principal at any time before they are due. A Prepayment of all of the unpaid principal is known as a “Full Prepayment.” A Prepayment of only part of the unpaid principal is known as a “Partial Prepayment.” Except as provided below, | may make a Fuil Prepayment or a Partial Prepayment at any time without paying any Prepayment charge. If within the first three (3 ) year(s) | make a Partial Prepayment or Partial Prepayment(s) of less than twenty percent (20%) of the original principal amount in any twelve (12) month period, | will not pay a Prepayment penalty. However, if within the first three ( 3 ) year(s), | make a Full Prepayment, Partial Prepayment or Partial Prepayments of more than twenty percent (20%) of the original principal amount in any 12-month period, | will pay a Prepayment charge in an amount equal to the payment of six (6) months’ advance interest on the amount prepaid in excess of twenty percent (20%) of the original principal amount. {f make a Partial Prepayment equal to one or more of my monthly payments, the due date of my next scheduled monthly payment may be advanced no more than one month. If | make a Partial Prepayment in any other amount, | must still make all subsequent monthly payments as scheduled. 2. All other provisions of the Adjustable Rate Note are unchanged by this Addendum and remain in full force and effect. area: _ lat lor (Seai) (Seai) DARREN| 9T PATRICK GREEN Borrower “Borrower (Seal) (Seal) -Borrower : -Borrower (Seal) (Seal) -Borrower Borrower (Seal) (Seal) -Borrower -Borrower IndyMac Bank and Federally Exempted Seller Use Only Hard Prepayment Addendum (1-3 yrs) - ARM First Mortgages - Multistate, Arkansas (loans over $150,000) SPD #084 8480279 10407) MP Mortgage Solutions, Inc (800/521-7231 (08/04)ADDENDUM TO ADJUSTABLE RATE NOTE ba): THIS ADDENDUM is made this 21st day of March, 2007 , and is incorporated into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum. 1. Section 4(D) of the Adjustable Rate Note is modified as follows: The interest rate | am required to pay at the first Change Date will not be greater than 12.250 % or less than 3.000 %. Thereafter, my interest rate will never be increased or decreased on any single change Date by more than two and NO/1000ths percentage point(s) ( 2.000 %) from the rate of interest | have been paying for the preceding 12 months. My interest rate will never be greater than 12.250 % or less than 3.000 %. 2. All other provisions of the Adjustable Rate Note are unchanged by this Addendum and remain in full force and effect. Dated: la l oT (Seal) (Seal) DARREN F PATRICK GREEN Borrower Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower OO AT IndyMac Bank | ARM Note Addendum - Multistate 1074 8480344 (0602) MP Mortgage Solutions, ine (2/06)7 Prepared by or under the supervision of: | TST eee aoes 807 - 831 JEREMY W. WRIGHT : | RECORDED 04/27/07 160 12 ‘ 7 | BROWARD COUNTY COMMISS! [Name of Natural Person} | DOG STM 38 ee 480 EAST GERMANTOWN PIKE | MTpUTy CLERK 3320 #2, 25 Pages [Street Address} EAST NORRITON, PA 19401 | [City, State Zip Code} ei After recording please return to: INDYMAC BANK, F.S.B., C/O DOCUMENT MANAGEMENT [Company Name} [Name of Natural Person] iC BLDG B, 901 E 104TH ST, SUITE 460/500 NO lOc [Street Address] KANSAS CITY, MO 64131 [City, State Zip Code) [Space Above This Line For Recording Data} MORTGAGE MIN: 1000554 1 DEFINITIONS Words used in multiple sections of this document are defined below and other words ate defined in Sections 3. 1, 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 March 21, 2007 , together with all Riders to this document (B) “Borrower” is DARREN GREEN a oreo mary Borrower ts the mortgagor under this Security Instrument (C) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS 1s a separate corporation that is acting solely as a nominee for Lender and Lender’s successors and assigns. MERS 1s the mortgagee under this Security Instrument. MERS is organized and existing unde: the laws of Delaware, and has an address and telephone number of PO. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Loan No: ‘Single Family mie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 0141 — THE COMPLIANCE SOURCE, INC.— Page | of 14 1430 FL 104 ‘wus compliancesource com © 2004, The Complrance Saurue ls HOTT DG* (D) “Lender” is INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK Lenderisa Federal Savings Bank ‘ : organized and existing under the laws of United States of America Lender's address is. 155 NORTH LAKE AVENUE, PASADENA, CA 91101 (E) “Note” means the promissory note signed by Borrower and dated March 21, 2007 . The Note states that Borrower owes Lender one hundred forty seven thousand six hundred eighty one and 60/100ths Dollars (U.S. $ 147,681.60 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2037 (F) “Property” means the property that 1s descr:bed 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 (H) “Riders” means all Riders to this Security Instrument that are executed by Borrower The foliowing Riders are to be executed by Borrower [check box as applicable}: [ra] Adjustable Rate Rider fk } Condominium Rider {_] second Home Rider Balloon Rider [_] Planned Unit Development Rider [_] Biweekly Payment Rider (_] 1-4 Family Rider (] revocable Trust Rider CJ Other(s) [specify] wD “Applicable Law” means all controlling applicable federal, state and local Statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions (J) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are impased on Borrower or the Property by a condominium association, homeowners association or simular organization. (K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similai paper instrument, which 1s initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) “Escrow Items” means those items that aie 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. (i) damage to, or destruction of, the Property; (1!) condemnation or other taking of all or any part of the Property, (1m) conveyance in leu of condemnation; or (iv) misrepresentations of. or omissions as to, the value and/or condition of the Property (N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, o1 default on, the Loan Ioan No: 125739932 Florida Mortgage-Single Family-Fannie Mac/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3610 01/01 —THe ComPLiance SouRcE, I Page 2 of 14 4301FL 1196 ‘nw complianesouree com (© 2004 The Compliance Soure, Ine ; ii LAER MG* (O) “Periodic Payment” means the regulatly scheduled amount due for (1) principal and interest under the Note, plus (11) any amounts under Section 3 of th:s Security Instrument . (P) “RESPA” means the Real Estate Settlement Procedures Act (12 USC §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 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 does not qualify as a “federally related mortgage loan” under RESPA. Q “Successor in Interest of Borrower” means any party that has taken ttle to the Property, whether or not that party has assumed Borrower’s obligations under the Note and/or this Security Instrument. County of BROWARD [Type of Recording Jurisdiction}, [Name of Recording Junsdiction] which has a legal description of . SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF which currently has the address of 8375 SW 5 STREET [Street] 7 PEMBROKE PINES > Florida 33025 [City [Zip Code} (“Property Address”) : 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 and additions shall also be covered by this Security Instrument. All of the foregoing 1s referred to in this Security Instrument as the “Property ” Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right. to exercise any or all of those inteiests, including, but not limited to, the right to foreclose and sell the Property. and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument BORROWER COVENANTS that Borrower 1s lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction tc consututc a uniform security instrument covering real property. UNIFORM COVENANTS Borrower and Lender covenant 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 any 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 Security Instrument shall be made in U.S, currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument 1s 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 (a) cash, (b) money: order; (c) certified check, bank check, treasurer's check or cashiet’s check. provided any such check ts drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, Loan No: 125739932 : Florida Mortgage-Single Family-Fannie Mac/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —THE COMPLIANCE SOURCE, INC.— Page 3 of 1d W4300FL 11/04 ‘wuew comipliancesource com © 2004, The Comphance Source, Ine AOE NePayments are deemed received by Lender when received at the location designated in the Note or at such 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 partiai payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights 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 If each 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 cunent If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return 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 Instrument 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 due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender recetves 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 the 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 1s 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, surance 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. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, if any, 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 items 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 Escrow Item Borrower shall promptly furnish to Lender all notices of amounts 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 Escrow Items Lender may waive Borrower’s obligation to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and whcre payable, the amounts die for any Escrow Items for which payment of Funds has 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’s obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” 1s used in Section 9. If Borrower 1s obligated to pay Escrow Items directly, 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 repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any ume by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender ail 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 (a) 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 Loan No: 125739932 Florida Mortgage-Single Family-Fannic Mac/Freddic Mac UNIFORM INSTRUMENT MERS Modified Form 3610 G1/01 —Tue ComPLiance SouRCE, INC— Page 4 of 14 Naor, 1108 ‘rw cniphancesouree com {© 2004, The Compliance Souree, ne ASIA NGRESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow {tems or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whost 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 applying 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 1s made in writing o: Applicable Law requires 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 on 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 pay 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 RESPA. 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 Funds 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, Fees, 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, (b) contests the lien in good faith by, or defends 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 untii such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument 1f Lender determines that any 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 len Within 10 days of the date on which that notice 1s given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4 Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan 5. Property Insurance. Bonower shall keep the improvements now existing or hereafier erected on the Property insured against loss by fire, hazards included within the term “eatended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance This insurance shal! be maintained in the amounts (including deductible leve!s) 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 shall be chosen by Borrower subject to Lender’s right to disapprove Borrower’s choice, which right shall not be exercised unreasonably Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services, or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification Borrower shall also 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 1s 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, Borrower’s equity in the Property, or the contents of the Property, against any risk, hazaia o1 liability and might provide greater Loan No: 125739932 Florida Mortgage-Single Family-Fanme Mac/Freddie Mac UNIFORM INSTRUMENT. MERS Modified Form 3010 01/01 —Tite COMPLIANCE SOURCE, INC.— Page 5 of ld 7 14301 FL 11704 winw comphancesource com 2004, The Cumplianes Source Ine AEDST NGor lesser coverage than was previously in effect. Borrower acknowledges that the cost 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 shall name Lender as mortgagee 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 clausc and shall name Lender as mortgagee and/or as an additional loss payee In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any 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 repair 1s economically 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 be undertaken 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 shal! not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance procceds and shall be the sole obligation of Boriower If the restoration or repair is not economically feas.ble 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 due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applicd 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 clam. 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 assigns to Lender (a) Borrower’s rights to any insurance proceeds in an amount not to 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 unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable 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 due 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 to occupy the Property as Borrower’s principal residence for at least one year 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. ' 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition Unless it is determined pursuant to Section 5 that tepair 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 1s completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower’s obligation for the completion of such repair or restoration Loan No: 125739932 Florida Mortgage-Single Famuly-Fannic Mac/Freddic Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —THE COMPLIANCE SOURCE, INC— Page 6 of Ld 14301K1. 11704 ‘wnew compliancesource com ©2004, The Compliance Source Ine H ACEI OGLender or its agent may make reasonable entries upon and inspections of the Property If it has reasonable cause, Lender may inspect the tnterior of the improvements on the Property Lender shall give Borrower notice at the time of or prior to such an interior inspection speci fing sucit easonable cause 8. Borrower’s Loan Application. Borrower shai! be in default if, during the Loan application process, Borrower or any persons or entities acting at the 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, (b) there 1s a legai 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 (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate 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 securing and/or repairig the Property. Lender's actions can include, but are not limited to: (a) paying any 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 Securing 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, eliminate 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 1s not under any duty or obligation to do so. It is agreed that Lender incurs no ltability for not taking any or all actions authorized under t