Party Discovery: Debra Hines Plaintiff vs. Homeowners Choice Prop & Casualty Ins Co Defendant

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                                Filing # 32188705 E-Filed 09/17/2015 03:46:26 PM
IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO: CACE- 14-016655 (02)
DEBRA HINES,

Plaintiff,
vs.

HOMEOWNERS CHOICE PROPERTY &
CASUALTY INSURANCE COMPANY, INC.,
a Florida corporation,

Defendants.
/

PLAINTIFF’S AMENDED RESPONSE TO DEFENDANT’S REQUEST FOR
PRODUCTION

COMES NOW Plaintiffs, DEBRA HINES, by and through her undersigned counsel,
and hereby files her Response to Defendant’s Request for Production as follows:

1. To the extent these documents are in Plaintiff's possession, custody or control,
please see attached.

2. To the extent these documents are in Plaintiff's possession, custody or control,
please see attached.

3. To the extent these documents are in the Plaintiff’s possession, custody or control,
please see attached.

4, To the extent these documents are in the Plaintiff’s possession, custody or control,
please see attached.

5. To the extent these documents are in the Plaintiff's possession, custody or control,
please see attached.

6. To the extent these documents are in Plaintiff's possession, custody or control,
please see attached.

7. To the extent these documents are in the Plaintiff’s possession, custody or control,

please see attached.

' Documents originally provided in Response To Defendant’s Request For Production are
omitted herein.

*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/17/2015 3:46:26 PM.****16.
17.

18.

To the extent these documents are in the Plaintiffs possession, custody or control,
please see attached.

To the extent these documents are in the Plaintiff's possession, custody or control,
please see attached.

To the extent these documents are in the Plaintiff's possession, custody or control,
please see attached.

To the extent these documents are in the Plaintiff's possession, custody or control,
please see attached.

To the extent these documents are in Plaintiff's possession, custody or control,
please see attached.

To the extent these documents are in Plaintiff's possession, custody or control,
please see attached.

To the extent these documents are in the Plaintiff's possession, custody or control,
please see attached.

None.

To the extent these documents are in the Plaintiff's possession, custody or control,
please see attached.

To the extent these documents are in the Plaintiffs possession, custody or control,

please see attached.CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument was
sent via email this 17" day of September, 2015, to: Jonathan Hall, Esq. and Robert Schulte,
Esq.; GROELLE & SALMON P.A., 11301 Okeechobee Blvd., Second Floor, West Palm
Beach, Florida 33411; Telephone: (561) 963-5500; Fax: (561) 963-2265; email:
gsweourtdocs@gspalaw.com and gclausen@gspalaw.com.

Sherman Law, P.A.

4000 Hollywood Blvd., #265-S
Hollywood, FL 33021

Office: (954) 894-8000
Direct: (305) 494-6345

Fax: (305) 397-1725

By:_/s/ Julio Martinez
RYAN SHERMAN, Esq.
Florida Bar No.: 686271
JULIO MARTINEZ, Esq.
Florida Bar No.: 85128
Eservice: I:serviceSLPA@ gmail.comRa

e

 

P.LR.E.

Florida Insuarnce Restoration Experts
2890 State Road 84 Suite: 108 Fort Lauderdale, FL 33312

Phone: 954-846-9104 Fax: 954-846-9133

FAXCSIMILE TRANSMITTAL SGEET

 

Homcowners Choice Insurance Office Contact Krystal Caguer

rida Insurance Restoration Experts. 11/9/2011 03:52 PM

 

 

Attn: Claims Dept,

Attached please find the Notice to insurer and contract for the above mentioned homeowner.

Thank You! Attn: Claims Dept,

Attached ptease find the Notice to insurer and contract for the above mentioned homeowner.Thank You! Le

 

Attn: Claims Dept,

Attached please find the Notice to insurer-and contract for the above mentioned homeownér,

 

Thank You! : Attn: Claims Dept,

Attached please find the Notice to Insurer.and-contract for the above mentioned.homeowner.

Thank Yout

Attn: Claims.Dept,

Attached please find the Notice to insurer and. contract for the above mentioned homeowner:

Thank You! Attn: Claims:Dept,Attached please find the Notice toinsurerand contract for'the-above mentioned homeowner,

    

Thank You!

 

Hines, James - Job 263: (Fire) Hines) James - Jab 268 (Fire) Hines, James - Job 268 (Fite) ites sane ~ Job 268 (Fire)
Hines; James ~Job 268 (Fire)

 

NOTES/CPMMENTS:

 

 

 

 

i
4
y

aF.LR.E. :

Florida Insurance Restoration Experts
2890 State Road 84, Suite 108 Ft Lauderdale, FL 33312
Phone: 954-846-9104 Fax: 954-846-9133

License No.: CBC1258463

November 9, 2011

Homewise Insurance
19046 Bruce B Downs Blvd
Tampa, FL 33647

Rez Notice to Insurer Fax: (813) 202-8586

Homeowner: James Hines

HPC1540319

813043

y 3816 S Lake Terr Miramar, FL 33023
Date of Loss: 11/7/2011

 

Dear Sir or Madam:
Please be advised that Florida Insurance Restoration Experts (F.ILR.E.), hus been contracted by the above
referenced property owner to provide services to the property referenced above. A copy of our work contract

agreement is enclosed for your records.

Be advised that our work contract /agreement is also an assignment of insurance benefits. We ask that any and all
payments, checks and or drafts issued in connection with this loss include Florida Insurance Restoration Experts
as an additional named payee. eo

For your records, the Federal Tax ID number for our Florida Corporation, Florida Insurance Restoration Experts
is 27-0601497,

If you have any questions or need Lo schedule inspections, please feel [ree to contact the office manager
Krystal Laguer at 954-846-9104.

Thank you for your cooperation.

Respectfully,

Florida Insurance Restoration Experts: Florida Insurance Restoration Experts
License No.: CBC1258463

2890 State Road 84, Suite 108] Fort Lauderdale, Florida 33312 | PH 954-846-9104 | FX 954-846-9133 |
www.FLrestorationexperts.com :

WORK AUTHORIZATION/CONTRACTOR AGREEMENT

THIS AGREEMENT made this S day ot Alovem bor _.r0.21 by and between BLORIDA INSURANCE
RESTORATION EXPERTS, hereinafter called the Contractor, an 7 é. .
hereinafter called the Owner.

Address: 12/4 Stake Ter. City: Miramar State FL rip Code: 3 $04-$
Insurance Company: Abome L Mise Za3.lo Policy Number: HEC. 1542319.

WITNESSETH, that the Contractor and the Owner for the consideration named herein agree as follows:

SCOPE OF WORK AND COST
‘The Scope of work to be performed by Contractor is limited to the following:

O Provide a general itemized inventory with photo documentation of the affected and/or damaged contents.

O Attempt to salvage or preserve the affected and/or damaged contents by cleaning and deodorizing.

(7 Label and pack (box, wrap or cover) the affected and or damaged contents.

O Relocate the affected and/or damaged contents to facilitate the structural work. Storage fees not included.
&& Perform a preliminary cleaning and related debris removal to the structural property (home or business).

C Attempt to secure the structure by boarding up unsecured windows, doors and/or other structural openings.
#AFULL REST ORATION OF PROPERTY

a

ofames - ISY ELS 772 F. po ot of perks} cast to pusmerlec)
7 Fas urarde proceds only

The cost of the work to be performed by Contractor shall be calculated using unit costs and pricing schedule,
marked “Unit Cost and Pricing” located on the reverse side of this document.

 

 

PAYMENT TERMS and ASSIGNMENT of INSURANCE BENEEITS

Be advised that this Contract Agreement is also an assignment of insurance benefits. In consideration for
the services to be rendered pursuant to this agreement, the Owner hereby requests that the insurance company
referenced on this contract pay directly to FLORIDA INSURANCE RESTORATION EXPERTS all insurance
proceeds for the work performed under this contract. If direct payment is not received, the Owner agrees that
upon receipt of payment from his/her Insurance Company and/or Mortgage Company, payment will be issued to
Contractor within 30 days. Contractor holds the right not to begin work until approval is received by Insurance
Company and/or Mortgage Company with the exclusion of Emergency Services which must be done to mitigate
damage to property and/or secure said property.

Thave read this agreeme ¢ term and conditions printed on the reverse side, and accept all terms.
Owner/tnsured{) ZL. Date:
mone paeIB TH.UNIT COST AND PRICING

Board up Service: Limited Demolition:

Labor and Material $2.00 SF General Demolition Labor $46.00 HR
Qninimum of $250.00) Supervisory Demolition Labor $65.00 HR
Emergency Call $160.00 Management Demolition Labor $85.00 HR
Contents Handling: Water Extraction & Remediation:

Contents Cleaning Technician $46.60 HR : ‘Equipment Sei-Up $175.00
Contents Cleaning Supervisory $65.00 HR Air blower/Fan $35.00 Day
Provide box, packing paper, tape, labels $8.50 BX Air Scrubber $72.50 Day
Detailed cleaning of individual items $.50 to $50.00 ITM Dehumidifier $65.80 Day
(per item-typical small to medipm items) Hepa Vacuuming $.68 SF
Moving Truck $133.50 HR Water Extraction $.58 SF
Deodorization Chamber-Ozone treatment 5.09 CF Generator : + $80.00 Day
Contents Evaluation and/or Supervisor $65.00 HR

(Pricés may be subject fo change due to curreat market values and level of difficulty)

GENERAL PROVISIONS

1. All work shall be completed in a workmanship-like manner and in compliance with all building codes
and other applicable laws.

2, Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall
fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract,

3. Contractor agrees to remove all debris and Jeave the premises in broom clean condition.

4, In the event Owner shall fail to pay any periodic or installment payment due hereunder, Contractor may cease
work without breach pending payment or resolution of any dispute.

5. All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American
Arbitration Association. Said arbitration resolution is to be at the contractor's sole discretion. *

6. Owner agrees that if any invoice for service is not paid when due, the balance will bear interest of 18% per
annum. The makers, endorsers, guarantors or sureties hereby jointly and severely agree te pay all costs of collection
including reasonable attorney fees, unless otherwise prohibited by State Law.

7. Contractor shall not be liable for any delay due to circumstances beyond its control including strikes; casualty
or general unavailability of materials. Owner hereby agrees not to hold Contractor Hable for damages for failure to
perform, or for any delays in performance. Contractor shall not be liable for any non-performance or delay caused
by any limitation, order, rule or regulation issued by any government entity.

8. Owner shall be liable and responsible for any and all costs associated with any pre-cxisting code of violations
or requirements not provided for in the plans and specifications and shall be charged for such additional work.
Owner's failure to perform any promise or condition herein shall be material and deemed a breach of the entire
Contract. Owner shall pay Contractor, as the prevailing party, for any and all collection costs; all costs and
reasonable attorneys’ fees at all levels of proceedings including appeals and post-judgment, plus pre-judgment
and post-judgment interest at the highest maximum rate allowed by law. If Owner breaches this Contract and the
Contract is only partially performed or Contractor is terminated prior to commencement, then Owner agrees that
because Contractor's damages would be difficult to determine, Owner will pay Contractor asa liquidated damage:
(1) the full price for al! that Contractor completed, (2) plus twenty percent (20%) of the uncompleted Contract
amount as increased by change orders, which Owner agrees is reasonable and not a penalty, which is expressly
bargained for and agreed to by Owner and Contractor, and which shall not exceed the contract price as increased
by change orders. |

9. The Owner has the right to cancel this Contract within three (3) business days after the contract date. Cancellation
must be done in writing, sent by certified mail return receipt requested, or by other form that provides proof
thereaf.Nw

GENERAL RELEASE

ge ee

 

KNOW ALL MEN BY THESE PRESENTS: that James Hines of 3816 S Lake Terr

Miramar, FL 33023 first party, for and in consideration of the sum of $12,505.88 or other
_.--.. valuable: considerations;received-from or on behalf of Florida Insurance Restoration Experts,

second party, the receipt whereof is hereby acknowledged. Florida Insurance Restoration Experts

(second party) will endorse the supplemental payment issued in consideration and payment made

for scope of damages caused by a fire at the above mentioned residence.

Both parties first and second, HEREBY remise, release, acquit, satisfy, and forever
discharge each other of and from all, and all manner of action and actions, cause and causes of
action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses, damages,
judgments, executions, claims and demands whatsoever, in law or in equity, which said first or
second party ever had, now has, or which any personal representative, successor, heir or assign
of said party, hereafter can, shall or may have, against said party, for, upon or by reason of any
matter, cause or thing whatsoever, from the beginning of the world to the day of these presents
specifically including but not limited to claims of breach of contract, willful tort, common law
bad faith, that could have.been raised out-of the-matter of the-contractsigned-on Nov'8;20TT for

: “——qepairs to 3816 § Lake Terr Miramar, FL 33023

IN WITNESS WHEREOF, we!have hereunto set our hands and seals this @ © _ day of
€ ems > 2012;

(atecle afield

itness ee Hines 7

Lf

ifness Hahei Insurance Restoration Experts/
i Rep resentative

 

i

ATLANTIC COAST CONSULTANTS, LLC. Public Adj |
13899 Biscayne Blvd. Ste 149, N. Miami Beach, FL 33181 / Toll Free a7. ara / Fax 305-354-2880

 

This Contract for Public Adjusting Services is hereby entered into this

day of 20!
Consultants, LLC ("Adjuster’) and 7

___ between Atlantic Coast
an —— (‘Client(s)’), whose address is1. Adjuster and Client(s), (collectively “the Parties") hereby agree that Adjuster will provide Public Adjusting (‘Services’) to. Client(s) for a loss that

occurred on or about! / i tit in the date), at the following address,

address of the loss). Generally, the loss occurred as the result of:

ee — fill in the

as ee ({fill in cause of loss, whether storm, fire, flood, etc.) and involved damage to the

 

 

following types of property: _ SSS eee __— (fill description of property damaged,
such as the Dwelling, Other Structures, Personal Property, Loss of Use, Business Interruption, etc.

2. The following insurance policy affords coverage for the loss described above.

A. Insurance Company: __ Effective date:

B. Policy Number: Deductible:

C. Claim Number:

8 em Connection with these services. Client will execute a Limited Power of Attorney for purposes of allowing Adjuster to act as your/their agent in
attempling to effectuate a settlement under the policies of insurance identified herein or later discovered ("Insurance Coverage") to cover the lessen
described above

4 ein connection with these services, Client will execute a Limited Power of Attorney for purposes of allowing Adjuster to act as youritheir agent in
attempting to discuss matters pertaining to the loss described above with Agent's Mortgage Company or other Financial Lending Institution,

5. gli? Parties agree that in consideration for the Services provided by Adjuster, Client(s) agree that Adjuster will be entitled to compensation which is
afee of _ __ % of the Gross Proceeds collected through the Insurance Coverage. (Gross Proceeds includes the applicable insurance deductible.)
This tee is due and owing whether the Gross Proceeds are received directly by Client(s) or are secured by Client(s) efforts after the execution of this
Contract. It is the obligation of the client to pay Atlantic Coast Consultants, LLC their fee upon issuance of settlement by the insurance company, If
Atlantic Coast Consultants, LLC is unable to effectuate a settlement, there will be no fee to Client(s). Adjuster may not charge, agree to or accept any
compensation, payment, commission, fee or any other thing of value in excess of.

A. | Ten percent of the amount of the insurance claim payments by the insurer for claims based on events that are the subject of declaration of

State of Emergency by the Governor. This provision applies to claims made during the period of one year after declaration of emergency.

B. Twenty percent of the amount of all other insurance claim payments.

5. _ If Adjuster enters into a contract with Client(s) to reopen a claim or to file a supplemental claim that seeks additional payments for a claim that has
been previously paid in part or in full or settled by the insurer, Adjuster may not charge, agree to, or accept any compensation, payment, commission,
fee, or other thing of value based on a previous settlement or previous claim payments by the insurer for the same cause of loss, The charge,
Compensation, payment, commission, fee, or other thing of value may be based only on the claim payments or settlement obtained through the work of
Adjuster after entering into the contract with Client(s).

7. _ Pursuant to s. 817.234 Florida Statues, any person who, with the intent to injure, defraud, or deceive any insurer or insured, prepares, presents, or
causes to be presented a proof of loss or estimate of cost or repair of damaged property in support of a claim under an insurance policy knowing that the
Proof of loss or estimate of claim or repairs contains any false, incomplete, or misleading information conceming any fact or thing material to the claim
commits a felony of the third degree, punishable as provided in s.775.082, s. 775.803, or s.775.804, Florida Statutes,

8. Our services will include but are not limited to providing a written estimate of the loss, assisting in preparation and submission of inventories, proof
of loss, discuss, meet and take all necessary steps to negotiate a settlement with your insurance company. Adjuster shall retain such written estimate
for at least 6 years and shall make such estimate available to Client(s) and the Florida Department of Financial Services upon request.

9. Client(s) acknowledges that they will be responsible to reimburse Adjuster for all out of pockets costs incurred by Adjuster, with those costs being
deducted from the Gross Proceeds after Adjuster’s contingent fee is calculated. These costs include but, are not limited to, express mail, contractors.
appraisal costs and all other expenses incurred and associated with the settlement of Client(s) claim.

10. No modification to this agreement can be made by either Party unless the changes are agreed to by both Parties in writing by way of amendment to
this agreement. In the event that any one paragraph in this agreement is deemed null and void, the remaining paragraphs of this contract will survive
and be controlling on the Parties.

11. In the event a dispute arises under this agreement, the Parties agree to be bound by the Commercial Arbitration Rules and Mediation Procedures
of the American Arbitration Association in effect as of the date of the execution of this agreement. The Parties agree that mediation will be a condition
precedent to any Party filing for arbitration. Venue for any such proceeding shall be in Florida. In the event there is a dispute arising under this
Contract, the prevailing party to any such dispute shall be entitled to recover a reasonable attorneys’ fee from the non-prevaiing Party. Interest on any
sums due hereunder shall accrue at the rate of 1.5% per month

12. | have read and understand all of the terms of this agreement. Further, upon execution of this agreement, | will be legally bound by all of its terms. |
have received a carbon copy of this agreement for my records. __ (initials)

The Parties hereby execute this Contract as follows:
Atlantic Coast Consultants, LLC

By: J 7 Dated: in

License Number: 7

 

Client / Print: . : — Dated
Sign: 7 ae i
Client /Print: Dated: _ :

Sign: = :Notice of Right to Cancel

You, the Client(s), may cancel Adjuster's contract to adjust a claim without penalty or obligation
within 3 business days after the date on which the contract is executed or within 3 business days after
the date on which the insured or claimant has notified the insurer of the claim, by phone or in writing,
whichever is later. Provided, during any State of Emergency as declared by the Governor and for a
period of one year after the date of loss, the insured or claimant shail have 5 business days after the
date on which the contract is executed to cancel this contract. if you exercise your right to cancel this
agreement, you will remain liable for reasonable and necessary emergency and out-of-pocket
expenses or services which were paid or incurred by Atlantic Coast Consultants, LLC.

To cancel this contract, send certified mail return receipt requested, signed and dated copy of this
notice or any other written notice, indicating your intent to cancel and the date thereof to Atlantic
Coast Consultants, LLC at 13899 Biscayne Blvd. Ste 149, N. Miami Beach, FL 33181

i/we hereby cancel this contract.

Client / Print: 7 7 a Dated ih
Sign 7
Client / Print : Dated?

Sign:__CLOSING DOCUMENTS

 

 

BUYERS: JAMES F. HINES JR. and DEBRA J. HINES
SELLERS: LINDA BERRY
Property: 3816 SOUTH LAKE TERRACE, MIRAMAR, FLORIDA 33023

 

   

Dedicated to "Perfect" Service

Title Perfect, 1nc.v|\

6151 MIRAMAR PARKWAY, Suite 325 MIRAMAR, FLORIDA 33023
Broward: (954) 961-1884 Miami-Dade: (305) 829-6802 Fax:(954) 961-5005HOMESTEAD EXEMPTION

HOMES IEAY Aes

    
   
 
  

DEADLINE MARCH 1ST -- to get exemption
IME, but by 3/1 for current year

  
     
 
 
     
   
   
    
       
   
 

ranty Deed - signed and recorded

2. Florida Driver's license and automobile registration from license tag (yellow
sheet of paper) oo

Voter's Registration

 

 

4. Permanent residence card if you are not a citizen

NOTE: Driver's license or voter's registration MUST HAVE BEEN ISSUED
BEFORE JANUARY 1ST of the year for which you are applying

 

 

 

Widow or widower’s exemption - copy of death certificate

 
      

Miami-Dade COUNTY (375-4020 is a recording) FILING JANUARY 2ND AND

MARCH 1ST
more info 375-4101 (call to determine if you can file after 3/1 for following year

 

111 NW. First Street, Miami (8:30 - 4:30)
10710 S.W. 211th Street, Miami
CALL for other locations

Copy of Warranty Deed - signed and recorded

  
    
    
 
     

Florida Driver's license
Automobile registration from license tag (yellow sheet of paper)

Voter's Regi

 

Permanent residence card if you are not a citizen

Widow ogwidower's exemption - copy of death certificate

 

 

 

fect,NOTE LOAN #: 3564601

HE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS
INDEBTEDNESS.

May 4, 2000 MIRAMAR 7 FL
[Date] [City] [State]
3816 SOUTH LALKE TERRACE

MIRAMAR, FL 33023-
(Property Address]

1. BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 103,500.00 (this amount is called “principal”, plus
the order of the Lender. The Lender is
LESALE LENDER .
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to
receive payments under this Note is called the "Note Holder.”

2. INTEREST
=, on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of
The intere: required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.
3. PAYMENTS

(A) Time and Place of Payments
I will pay principal and interest by making payments every month.

I will make my monthly payments on the 1St day of each month beginning on July , 2000. I will make these
payments every month until I have paid all the principal and interest and any other charges described below that I may owe under this
Note. My monthly payments will be applied to interest before principal. If, on June 1, 2030 , I still owe amounts

under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at
4500 PARK GRANADA, CALABASAS, CA 91302-1613
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $1,054.67

4. BORROWER’S RIGHT TO PREPAY

I 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, 1 may make a full prepayment or a partial prepayment at any time. If I make a partial prepayment
equal to one or more of my monthly payments, my due date may be advanced no more than one month. If I make any other partial
prepayment, I must still make each later payment as it becomes due and in the same amount. I may make a full prepayment at any
time. However,

 

10/94
FLORIDA FIXED RATE NOTE - Single Family- With Prepayment Penalty Amended 10/98
Page 1013,
A WA05(FL) (2810) CHL (10/98) VMP MORTGAGE FOAMS - (800)521-7291 Initials:

conv
BC - Fixed Note*23991* *003564601000002105-*

LOAN #: 3564601

5. LOAN CHARGES

If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan
charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) 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 1 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.

6. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments

If the Note Holder has not received the full amount of any monthly payment by the end of s after
the date it is due, I will pay a late charge to the Note Holder. The amount of the charge my overdue
payment of principal and interest. I will pay this late charge promptly but only once on each late payment.

(B) Default

If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.

(C) Notice of Default

If I am in default, the Note Holder may send me a written notice telling me that if I 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 is delivered or mailed to me.

(D) No Waiver By Note Holder

Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the
Note Holder will still have the right to do so if I am in default at a later time.

() Payment of Note Holder’s Costs and Expenses

If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid
back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses
include, for example, reasonable attorneys’ fees.

7, GIVING OF NOTICES

Unless applicable 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 it 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 mailing it by first class mail to the Note
Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address.

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser
of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note
against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts
owed under this Note.

9. WAIVERS

I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to 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 due have not been paid.

10. APPLICABLE LAW

This Note shall be governed by the laws of the State of Florida. If a law, which applies to this loan and sets maximum loan
charges is finally interpreted so that the interest and other charges collected or to be collected in connection with this loan exceed the
permitted limits, then: (A) any such interest or other charge shall be reduced by the amount necessary to reduce the interest or other
charge to the permitted limit; and (B) any sums already collected from me which exceed 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, but in no event will a prepayment charge be assessed
if the Note Holder chooses to reduce my principal balance by applying such excess amounts.10/94

A AO5(FL) (9810) CHL (10/98) Page 2013, inital
conv
BC - Fixed Note
x © oN ‘

 

LOAN #: 3564601

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 I may be required to make immediate payment in full of all amounts I
owe under this Note. Some of those conditions are described as follows:

Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person), without Lender’s prior written consent, Lender may, at its option, require immediate payment in full
of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date. of this Security Instrument.

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 is delivered or mailed 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.

WITNESS THE HAND(S) AND SEAL{S) OF THE UNDERSIGNED.

 

 

(Seal) (Seal)
JAMES F. HINES JR -Borrower DEBRA J. HINES Borrower
sv: SSN:
(Seal) (Seal)
Borrower -Borrower
SSN: SSN:

(Sign Original Only)~ .2105(FL) (9810) CHL (10/98) Page 3 0f3 10/94

conv
BC -Fixed Note

Prepared By

Rosemary Van
TitlePerfect, Inc.

6151 Miramar Parkway
Miramar, FL 33023

WHEN RECORDED MAIL TO:

MSN SV-79 / DOCUMENT CONTROL DEPT.

 

P.O, BOX 10266 eT
VAN NUYS, CALIFORNIA 91410-0266 AMERICA’S WHOLESALE LENDER
LOAN #: 3564601 600 W. HILLSBORO BLVD #515
DEERFIELD BEACH, FL 33441-

ESCROWICLOSING #: SPACE ABOVE FOR RECORDERS USE

 

 

 

MORTGAGE MIN 1000157-0000008120-4

THIS MORTGAGE ("Security Instrument") is given on May 04, 2000 . The mortgagor is
JAMES F. HINES JR, AND DEBRA J. HINES, HUSBAND AND WIFE

("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee
for Lender, as hereinafter defined, and Lender's successors and assigns), as beneficiary. MERS is organized and existing under the
laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
AMERICA’S WHOLESALE LENDER 7
("Lender") is organized and existing under the laws of NEW YORK , and has
an address of

AGN PARK CRANANDA CAI ARASAS CA 91302-1613Borrower owes Lender the principal sum of

ONE HUNDR' ID FIVE HUNDRED and 00/100
Dollars (U. This debt is evidenced by Borrower’s note dated the same date as this Security
Instrument ("Note"), jonthly payments, with the full debt, if not paid earlier, due and payable on

June 1, 2030 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced
by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with
interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's
covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant
and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of
MERS, the following described property located in BROWARD County, Florida:

LOT 54, OF BLOCK 7, MIRAMAR ISLES SECTION TWO, ACCORDING TO THE PLAT

THEREOF AS RECORDED IN PLAT BOOK 57, PAGE 15, OF THE PUBLIC RECORDS OF

BROWARD COUNTY, FLORIDA.

   

which has the address of 3816 SOUTH LALKE TERRACE, MIRAMAR

[Street, City] 7
Florida 33023 - ("Property Address");
[Zip Code]
FLORIDA -Single Family: FNMA/FHLMC UNIFORM INSTRUMENT WITH MERS a “Form 3010 9/90
GHN(FL) (9802.01 CHL (11/99) Page 1 of 6 Amended 2/98
*23991* *00356460100000206HN*

 

3564601

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 is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds
only legal title to the interest granted by Borrower in this Security Instrument; but, if necessary to comply with the law or custom,
MERS, (as nominee for Lender and Lender’s successors and assigns), has the right: to exercise any or all of those interests,
including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but
not limited to, releasing or canceling this Security Instrument.

BOKROWER COVENANTS that Borrower is 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 to constitute a uniform security instrument covering real property.

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:

1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.

2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender
on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and
assessments which may attain priority over this Security Instrument as 2 lien on the Property; (b) yearly leasehold payments or
ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if
any: (e) vearly mortgage insurance premiums, if any: and (f) any sums payable by Borrower to Lender, in accordance with theprovisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender
may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage
loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from
time to time, 12 U.S.C. Section 2601 ef seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so,
Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of
Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance
with applicable law.

‘The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including
Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items,
Lender may 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.
However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by
Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law
requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and
Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to the Funds was
made. The Funds are pledged as additional security for all sums secured by this Security Instrument.

If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for
the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is
not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay
to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly
payments, at Lender’s sole discretion.

Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds
held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the
Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this
Security Instrument.

3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs |
and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third,
to interest due; fourth, to principal due; and last, to any late charges due under the Note.

4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these
obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the
person owed payment. Borrower shall prompily furnish to Lender all notices of amounts to be paid under this paragraph. If
Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.

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; (b) contests in good faith the lien by,
or defends against enforcement of the lien in, legal proceedings which in the Lender’s opinion operate to prevent the enforcement
of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Borrower shail satisfy the lien or take one or mote of the
actions set forth above within 10 days of the giving of notice.

invatse :
GHN(FL) (9802.01 CHL (11/99) Page 2016 Form 3010 9/90

 

y

3564601

5. Hazard or Property Insurance: Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or
flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender’s approval which shall not
be unreasonably withheld, If Borrower fails to maintain coverage described above, Lender may, at Lender’s option, obtain
coverage to protect Lender’s rights in the Property in accordance with paragraph 7.

All insurance policies and renewals shall be acceptable to Lender and shail include a standard mortgage clause. Lender shall
have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid
ee naeent matinae Tn tha event of loce. Borrower chall cive prompt notice to the insurance carrier and Lender. Lender

”et
may make’ proof of loss if not made promptly by Borrower.

Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender’s security is not lessened. If the restoration or
repair is not economically feasible or Lender’s security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured
by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.

Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs | and 2 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the
Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately
prior to the acquisition.

6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of
this Security Instrument 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. Borrower shall not destroy, damage or impair the Property,
allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or
proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or
otherwise materially impair the lien created by this Security Instrument or Lender’s security interest. Borrower may cure such a
default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in
Lender’s good faith determination, precludes forfeiture of the Borrower’s interest in the Property or other material impairment of
the lien created by this Security Instrument or Lender’s security interest. Borrower shall also be in default if Borrower, during the
loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with
any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations
concerning Borrower’s occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower
shall comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold and the fee title shall
not merge unless Lender agrees to the merger in writing.

7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in
this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay
for whatever is necessary to protect the value of the Property and Lender’s rights in the Property. Lender’s actions may include
paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable
attorneys’ fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does
not have to do so.

Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of
disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment.

8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to. the cost
to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially
equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of
the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect.
Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments] may no

   

Intlatst
soi
GHN(FL) (9602).01 CHL (11/99) Page 3 of 6 Form 3010 9/90

"

3
”3564601
longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer approved by Lender again becomes available and is obtained. Borrower shali pay the premiums required to
maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance
with any written agreement between Borrower and Lender or applicable law.

9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.

10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall
be paid to Lender.

In the event of a total taking of the Property, the pro