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Filing # 25662601 E-Filed 04/02/2015 05:42:00 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH £
JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, f
FLORIDA. CIVIL DIVISION 4
CASE NO. CACE12-033042-J1
US. BANK, N.A., SUCCESSOR TRUSTEE TO
WACHOVIA BANK, N.A., AS TRUSTEE, IN TRUST FOR
AND FOR THE BENEFIT OF THE
CERTIFICATEHOLDERS OF MULTI-CLASS:
MORTGAGE PASS-THROUGH CERTIFICATES SERIES
2005-2,
i
}
Plaintiff,
vs.
GINA FRIONA; THE UNKNOWN SPOUSE OF GINA.
FRIONA; PHILIP FRIONA; THE UNKNOWN SPOUSE OF
PHILIP FRIONA; JPMORGAN CHASE BANK, NA;
UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO.
2; and ALL UNKNOWN PARTIES CLAIMING i
INTERESTS BY, THROUGH, UNDER OR AGAINST A i
NAMED DEFENDANT TO THIS ACTION, OR HAVING 1
OR CLAIMING TO HAVE ANY RIGHT, TITLE OR
INTEREST IN THE PROPERTY HEREIN DESCRIBED,
Defendants.
AMENDED COMPLAINT
‘The Plaintiff, U.S. BANK, N.A., SUCCESSOR TRUSTEE TO WACHOVIA BANK, N.A,, AS
TRUSTEE, IN TRUST FOR AND FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF MULTI-
CLASS MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2, sues the Defendants, GINA
FRIONA; THE UNKNOWN SPOUSE OF GINA FRIONA; PHILIP FRIONA; THE UNKNOWN SPOUSE
OF PHILIP FRIONA; JPMORGAN CHASE BANK, NA; UNKNOWN TENANT NO. J; UNKNOWN
TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR
AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY
RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, and alleges:
GENERAL ALLEGATIONS
1. JURISDICTION: This is an action for equitable relief or, alternatively, for damages, which claims
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 4/2/2015 5:41:59 PM.****are within the subject matter jurisdiction of this Court.
2. VENUE:
is an action that involves parties and property located within the venue of this Court
and venue is otherwise proper pursuant to Chapter 47, Florida Statutes.
3. . BARTIRS: All patties to this action are properly before this Court, and this Court has personal
jurisdiction over the parties.
4. SERVICER: Plaintiff has authorized Select Portfolio Servicing, Inc. to act as the servicer. Plainliff
has authorized Select Portfolio Servicing, Inc., in that capacity as servicer, to enforce the terms of the Note and
Mortgage.
5. CONDITIONS PRECEDENT: All conditions precedent to the filing of this action have been met
by Plaintiff.
6. EDCPA: Plaintiff has previously provided Defendant(s) with validation notice pursuant to the Pair
Debt Collection Practices Act (“FDCPA”) 15 U.S.C.A. 1692,
MORTGAGE FORECLOSURE
7. FORECLOSURE ACTION: This is an action to foreclose a mortgage on real property (hereinafter
the “property”) in Broward County, Florida, more particularly described in the mortgage attached hereto as,
Exhibit “A”.
8 EXECUTION AND DELIVERY OF NOTE & MORTGAGE: On February 1, 2005, Defendant(s),
PHILIP FRIONA executed and delivered a promissory note (the “note”) and Defendant(s), GINA FRIONA.
AND PHILIP FRIONA exccuted and delivered a mortgage (the “mortgage”), which secures payment of the
note, to JEMORGAN CHASE BANK, NA, which mortgage was recorded in Official Records Book 39030
Page 319, of the public records of Broward County, Florida, and which mortgaged the property. The property
was then owned by and in possession of the mortgagor.
9, HOLDER OF THE NOTE & MORTGAGE: The note and mortgage were subsequently
transferred to Plaintiff from the original mortgagee J.P. Morgan Chase N.A.. Plaintiff holds the note and
mortgage. The note is a negotiable instrument subject to the provisions of Chapter 673.1041, Pursuant to
Riggs v, Aurora, 36 So. 3d 932, the negotiation of the note by its transfer of possession with a blank
2indorsement or special indorsement makes Plaintiff the ‘holder’ of the note entitled to enforce it. Here, there
are two allonges: allonge trom the original mortgage fo Chase Home Finance, |LLC s/b/m Chase Manhattan
Mortgage and then an allonge from Chase Home Finance, LLC sfb/m Chase Manhattan Mortgage to Wachovia
Bank, NA, as Trustee for Chase Corporation.
10. OWNER OF THE PROPERTY: ‘The Defendant(s) GINA FRIONA AND PHILIP FRIONA,
own(s) the property.
1. DEFAULT & ACCELERATION: The Plaintiff has not been paid the payment due July 1, 2020,
and all subsequent payments, which has resulted in a default of the note and mortgage. PlaintifY declares the
fall amount due under the note and mortgage to be accelerated.
12. AMOUNTS DUE: The Plaintiffis owed $395,933.14 that is due as principal on the note and
mortgage, plus interest from June }, 2010, costs, advances and expenses as provided jn the note and mortgage.
13. ATTORNEYS FEES: Plaintiff has obligated itself to pay the undersigned attorneys a reasonable
fee for their services herein and is entitled to recover said fees pursuant to the terms of the note and mortgage.
INFERIOR CLAIMANTS:
14, Defendants, UNKNOWN TENANT NO. | and UNKNOWN TENANT NO. 2, fictitious
names representing tenants in possession, may claim some interest in the property that is the subject of
this foreclosure action by virtue of being in actual possession of same, but any interest said Defendant(s)
may claim in the subject property , if any, is subject and inferior to the lien of Plaintiffs mortgage.
15. Defendants, ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH,
UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING
TO HAVE ANY RIGHT, TITLE OR INTEREST JN THE PROPERTY HEREIN DESCRIBED, may be
interested in the subject matter of this action as unknown spouses, tenants, heirs, devisees, grantees,
assignees, lienors, creditors, trustees or other claimants by through, under or against a known person who
is dead or not known to be dead or alive or by virtue of any interest in or claim to the property which is
the subject of this action or otherwise as the case may be. These interests, if'any, are inferior to Plaintiff's
imortgage.
WHEREFORE, Plaintiff prays as follows:
a) That this Court will take jurisdiction of this cause, of the subject matter and the parties
hereto,
b) Tht this Court ascertain and determine the sums of money due and payable to the Plaintiff
from the Defendants.
c) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien
upon the lands described in Plaintiff's mortgage.
d) That such lien be foreclosed in accordance with the rules and established practice of this
Court, and upon failure of the Defendants to pay the amount of money found to be due by them to the
Plaintiff, the said land be sold to satisfy said lien.
¢) That this Court decree that the lien of the Plaintiff is superior to any and all right, title or
interest of the Defendants herein or any person or parties claiming by, through or under them since the
institution of this suit.
f) That all right, title or interest of the Defendants or any person claiming by, through or under
them be forever barred and foreclosed.2) That this Court grant general relief in this cause as In its discretion might be meet and just
including, but not limited to, a deficiency judgment against the obligor of the note, to the extent permitted
by applicable Bankruptey and State law, if the proceeds of the sale are insufficient to pay Plaintiff's claim.
SHD Legal Group P.A.
Attomeys for Plaintiff
PO BOX 11438
Fort Lauderdale, FL 33339-1438
=" Gabrielle M Gutt
Florida Bar No.: 0059563
Byy
VERIEICATION
inde penalty of perjury, I declare ve read the foregoing Mortgage Foreclosure
Complaint, and the facis alleged therein are true and correct to the best of my knowledge and
belief.
Select Portfolio Servicing, Inc. as Attorney in Fact
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE SUCCESSOR IN INTEREST TO
WACHOVIA BANK NATIONAL ASSOCIATION AS
TRUSTEE FOR CHASE MORTGAGE FINANCE
CORPORATION MULTO-CLASS MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2005-2
}
) :
» Fda Bf Wet
Name: Paige Bushnell
asthe: ____Document Control Officer
For: Select Portfolio Servicing, Inc.
Date:
3162-14171 1 /ROFBorrower: PHILIP FRIONA
Property Address: 310 TORCHWOOD AVE PLANTATION, FL 33324
FLORIDA STATUTE 702.015(4) CERTIFICATION
‘The undersigned, under penalty of perjury hereby certifies the following:
1. Plaintiff is in possession of the original note.
2. The location of the note is in the custody of SHD Legal Group P.A. whose
physical address is 2691 Oakland Park Blvd., Fort Lauderdale, FL 33306.
3. I ersonally verified that SHD Legal Group P.A. is in
possession of the original note .
Name of Verifier:
4. Possession a the ae al note was verified on:
Time: $AS/tM Date: YL. AOL
STATE OF Florida
COUNTY OF Broward
The foregging instrument was acknowledged before me this 18_ 3 day of SEfT. » 20) Y
vy GABRIAULE GATT ho islareggersonally kngwn 15 Md)or has/have produced a
as identification.
SEAL) NOTA BLIG:
Print Name:
My Commission
MARLENE NICHOLSON
wore ee
PIRES. Noverrt
onan eu Nolary Publ en
1162-141711
ANFEXHEBIT A
oeAlter recording please returst loz
PELRSONPATTERSON, LLP
ATTN: RECORDING DEPT.
13750 OMEGA ROAD
DALLAS, TX 7§244-4505
“This ducnsment prepared by:
PEIRSONPATTERSON, LLP
WILLIAM H. RSON
13750 OMEGA ROAD
DALLAS, TX 75244-4505
Tax Parcel 1D Nos 101082300300
ee [Space Above This Line For Recording Data] ———
Loan S
FLORIDA
CORRECTIVE ASSIGNMENT OF MORTGAGE
This Corrective Assignment is made to correct that certain Assignment
recorded on October 18, 2012 in Book No, 49167 and Page No. 1873 as
instrument No. 111065482 in the Publie Records of Broward County, FL
wherein, by error of mistake, the assignce was incorrect. This Corrective
Assignment is intended to confirm the Assignment in all other respects and
shall relate back to the effective date of the Assignment.
For Value Received, JPMorgnn Chase Bunk, National Association, he untdersigned holder of a Mortgage (herein
“Assignor’) does hereby grant, sell, assign, transfer and-convey, unto U.S, BANK NA, SUCCESSOR TRUSTER
YO WACHOVIA BANK, N.A, AS TRUSTEE, IN TRUST FOR AND: FOR THE BENEFIT OF THE
CERTIFICATENOLDERS OF MULII-CLASS MORTGAGE PASS-THROUGH CERTIFICATES SERIES
2005-2, (herein Assignee”), whose’ address is C/O SELECT PORTFOLIO: SERVICING, INC. 3815 SOUTH
WEST TEMPLE, SALT LAKE CITY, UT 84115, a certain Mortgage dated February 1, 2005 and recarded on
February 8 2005, made and cuted ‘by PHILP FRIONA AND GINA FRIONA to and in favor of
JPMORGAN CHASE BANK, N-A., upon the following described property situaicd in BROWARD County, State
of Florida:
Property Address: 310 TORCHWOOD AVE, PLANSATION, FY. 33324
LOT 3 BLOCK 1 OF TORCHWOOD ESTATES, ACCORDING TO THE PLAT THEREOY, AS
RECORDED IN PLAT BOOK 90, PAGE 25, OF TIE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA.
such Mortgage having been given t© secure payment of Four Hundred Thirty Thousand and 00/100ts
($430,000.00), which Morage is of record in Book, Volume. or Liber No, 39430, at Page 319-338 (or ss No,
1047137443, in the Recorder's Office of BROWARD County, State of Florida.
‘igament of Mortenge aaah
3VMoryani Chase Bank Nut, Project W276 Page tof[Co
TO HAVE J assigns, forever, subject only fo the terms and
conditions o
YO LOLA, the same unio Assignee, its successor and
ed Mortgage:
the undersigned Assignor has execnted this Assignment. of Mortgage on
Assignot:
JPMorga n Chase Bank? National Association
State of Louistana g
§
Parish of Ouachita §
uh
on tis (LER ay ot t AOLS elie me appeared
c ___ MAYLA KPUG to me personally known, who, being by
ime duly sworn (or affirmed) did say the i utant . of JPMorgan Chase
Bank, National sane that the seal affixed to said instrument ts the corporate seal of said entity and that
oned and sealed on behalf of the said entity by authority of its board of directors anid. that
_ aoknowlédgid tie instrament. to he
Signature of Person He Acknowledgment
Bh. LOCH
‘Name Type, Printed or Stamped
AL, y fublie S
‘Title and Rank
3 ut Serial Nuriber, ifany: (4
“ty an yA
(Seai) IA REESE My Commissiva Expires:
OUACHITA | span, Lousiana
UFETIME. MI
NOTARY (Dit 47070
pitehime.
Finrita Corrective Assi
Sb Morgan Chase Bank NA Project WPrepared By: Athertelti Lae
‘Record.and Returner Fer
Alberteii Lav
P.O, Box
Tarps, FL
ASSIGN TOF MORTGAGE
IVED, the untlersigned ussignor ("“Assignor") whose address is 1111 Pola
heveby grant, bargain, sell, assign, transfet-and convey tw the following assignee (“Assignee"
in, as Trustee, successor in interest to Wachévia Back, National Association, a8 Trustee,
igage Finance Comoration Multi-Class Mortgage Pass-Through Certificates, Series 2005-2 Whose
addcoss is ofc JPMorges Chase Bank, 111} Polaris Parkway, Columbus, OH 43249-2050
FOR V; ALUE REC
Parkway, Columbus,
allo? Assignor’s right, title end interest all Beneficial interest under a certain Mortgage, dated February i, 2005, made
aid expouted by Philip Friona and Gina Friéna, to JPMorgan Chaie Bank, N.A., recorded on Febmary 8, 2005 in
Records Book 9030 ut Page 319, of the Public Recotds of Broward County, Florida, whicti.cntumibers the seal
property more purticularly described es follows:
LOT 3, BLOCK 1, OF TORCHWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLATBOOK 90, PAGE OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
AK: SIO TORCHWOOD AVENUE, PLANTATION, FL 33324-2322
assignment is made without recourse fo Assignor and without representation or warranty by Assignor, express or
implied,
. ASSIGNOR:
[CORPORATE SEAL} JPMorgan Chasé Bank, N.A.
on Clue Ou ¢ alpha
P 7 a Breweges ie PRL”
STATE OFaZez hefitia, Dewey
The undersigned, ¢ notary public in and for the whove-said County dnd State, does hereby
scgiowladige the} onthe day and year set forth below, personally appeared
ee as ha ‘on behalf of the
polation Ghelfie is pesoually known to tne or has produced Zaid De 9 identification and
AGgeis not take an oath, 4
A. ,
WITNE: gs my hand und official seal this Azfday ot Le tiab tae 2082.
Moar Pubic f ae TEES
My cominission expires: Be hSLF
1.Hyr-laerel
“NOTE
February ! Ft Landerdale IL
(ci) {Btate}
310 Torchwood Ave
Planiation, FL 33324
Dreopany Adios}
1, BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $430,000.00 (this amount is called "Principal",
plus interest, to the order of the Lender. The Lender is
JPMorgan Chase Bank, N.A.
a bank Which is organized and existing under the Jaws of the United States of America
Iwill make al) payments under this Note in the form of cash, check or moriey order.
1 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
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I wilt pay interest at 2 yearly
tate of 6.625 ve
‘The ‘interest rate 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
() Time and Place of Paymtents
I will pay principal and interest by making payment every month.
I will make my monthly payment on the First day of each month beginning on March tet 2005 Twill
make these payments every mouth tatil I have paid all of the principal and interest and any other, eiarges described below that I
may owe under this Note. Each montbly payment will be applied as of its scheduled due date and will be applied to interest,
before Principal. If, on February 1, 2035 , Lstill owe amounts under tis Note, T will pay these amounts in full on
that date, which is called the "Maturity Date."
L will make my monthly payments et JPMorgan Chase Bank, N.A., c/o Chase Home Finance, LLC
3415 Vision Drive, Columbus, OH 43219 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 U8. $ 2,753.34
4. BORROWER'S RIGHT TO PREPAY
Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is 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 & 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 vse my
Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Propayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payinent unless the Note Holder agrees in writing to those changes.
FLORIDAFIXED RATE NOTE:Single Family-Fannle Mao/Freddio Mac UNIFORM INSTRUMENT
Q, -BN(FL) (0005) Form 3210 vot,
UMP MORTGAGE FORMS - (800)5217291 *5. LOAN CHARGES
Ifa law, which applies to this loan and which seis maximura loan charges, is finally interpreted so that the faterest or other
loan charges collected or to be collected in connection with this loan exceed 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 slzeady collected from
ime which exceeded penmitied limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal 1 owe wader this Note or by making 4 direct payment to me. If 2 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 hes not received the full amount of any monthly payment by the endof Fifteen calendar days
after the date itis due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 ot
my overdue payment of principal and interest, E 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 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by 2
certain date, the Note Holder may requixe me to pay immediately the full araount of Principal which has not been paid and all
the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means,
@) No Waiver By Note Holder
Bven if, at a time when I am in default, the Note Holder docs not requize 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 time,
(B) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as deecribed 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 applicnble law. Those
expenses include, for example, reasonable attoraeys' 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 meat the Property Address above or at a different address if T give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 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 mey enforce its rights
under this Note against each person individually or against all of us together. This means that aay one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
T and any offer person who has obligations under this Note waive the rights of Presentment and Notice of Dishouor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to squire the Note Holder to give notice to other persons that amounts due have not been paid.
Form 3210 401
Bp, SNL) (oon Pago 2063 frat40. UNIFORM SECURED NOTE
‘This Note is a vniform instrument with limited variations in some jurisdictions. In addition fo the protections given to the
te Holder under this Note, 2 Moxtgage, Deed of Trust, or Sectirity Deod (the "Security Instrument"), dated the same date as
tals Note, protecte the Note Holder from possible losses which might result if I do not keep the promises which I make in this
‘Note. ‘Phat Security Instrament 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:
If al or any part of the Property or any Interest in the Property is gold or transfeied (or if Borrower is
aot a natural person and a beneficial interest in Boscower is sold or transferred) without Lender's prior written
consent, Lender may require iminediate payment in full of all sums secured by this Security Instrument.
However, this option shell not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not fess than 30 days from the date the notice is given in accordance with Section 15
‘within which Borrower must pay all sums secured by this Sccurity Instrument. If Borcower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
ustrument without further notice or demand on Borrower.
11. DOCUMENTARY TAX
The state documentary tax due on this Noto bas been paid on the mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
(Beal) ‘Le
(Seal)
Borowe — Philiy Borower
oat (Seal) (Seal)
-Bonower -Bomower
esl) (Seal)
“Borrower -Bonower
(Seal) {Seal)
-Borrower ~Borower
Pay ig the Order oft
f [Sign Original Only}
mabe
ANT SECRETARY
EBD -SNEL) ooo, Page aot Form 3240 1/04
>Allonas.
5
FRIONA PHILIP: Loan Amount: $430,000.00
340 TORCHWOOD AVE ‘Loan th”
PLANTATION, FL 33324 Note Dater 2/1/2005
PAY TO THE ORDER OF:
Chase Home Finance, LLC s/b/m Chase
Manhattan Mortyage Corporation
without recourse this 4/22/2005
JP Morgan Chase Bank, N.A. ffi/a:‘The Chase Manhattan Bank
an Ohio Corporation
den Se Oo
Toni Hall
Assistant SecretaryAllenge.
Borrower(s): FRIONA PHILIP Lozn Amount
310 TORCHWOOD AVE Loan #:
PLANTATION, FL 33324 Note Date: 2/1/2005
$430,000.00
PAY TO THE ORDER OF:
Wachovia Bank, NA, as Trustee for Chase
without recourse this 4/25/2005
Chase Home Finance, LLC s/b/m Chase Manhattan Morigage Corporation
a Delaware Corporation
i
Renee Stephenson
Assistant SecretaryAllonos_
Borrower(s): FRIONA PHILIP: Loan Amount:
310 TORCHWOOD AVE
PLANTATION, FL 33324 Note Date:
PAY TO THE ORDER OF;
Wachovia Bank, NA, as Trustee for Chase
without recourse this 4/25/2005
Chase Home Finance, LLC s/bim Chase Manhattan Mortgage Corporation
a Delaware Corporation
“ans Btochowse.
Renee Stephenson
Assistant Secretary
$430,000.00
2/4/2005Allonse.
Borrower(s): FRIONA PHILIP. Loan Amount: $430,000.00
310 TORCHWOOD AVE
PLANTATION, FL 33324
21112008
PAY TO THE ORDER OF:
Chase Horie Finance, LLC s/b/m Chase
Manhattan Mortgege Corporation
without recourse this 4/22/2005
JP Morgan Chase Bank, N.A, f/k/a The Chase Manhattan Bank
an Ohio Corporation
dex Se OR
Toni Hail
Assistant Secretaryho 10%
Fort Lauderdale, Poids $5008
401 Evst Broward Bivd,
PRINCIPLE TITLE INSURANCE AGEN
WILL CALL
Rebun Tot c ; C
3PMorgen Chese Custody Services ; \
¥.0, Box 8000 lustre toaris7és
Monroe, L&. 71214 . JOR BK 39030 Pages 319 - 335
RECORDED 02/0805 1427.07
ROWARD COUNTY COMMISSION
[DOG STHMP.t4, $1805.00
cE ANT TAX; ft $850.09
fs CLERK 2168
‘This document was prepared by: SPEPUTY cUsRK ZI
[Spree Above Ths Line For Retordlng Data].
MORTGAGE
DEFINITIONS.
Words used in multiple sections of this document are defined below and other words are defined in ©
Sections 3, 11, 13, 18, 20 and 2). Cestain rules segarding the usage of words used in this documentare
also provided in Section 16.
(4) "Security Instrument” means this document, which is datedFebruary 1, 2005 >
togethor with all Riders to this document
(8) "Borrower's
Philip Friona and Gina Friona, his wife
Borrower is the mortgagor undec this Scourity Instrument.
(C) "Lenders,
"Morgan Chase Bank, NA.
ender is @ national banking sssosiation
lorganized and existing under ie laws of the United States of America 7
\
\. : : “
ORIDASingle Fattily-Fannle the ee jac UNIFORM INSTRUNENT —* Form 3040 4101
ED,-HFL) oonsios ; ,
Page tor 16 Z :
MP MORTGAGE FORINS - (e002
IOCLender's address is
131 Polaris Patkowey, Columbus, OH 43240
Lender js the mortgagee under this Security Instrument.
@) "Note" resus the promissory note signed by Bonswer and datedFebruary 1, 2005
‘The Note states that Borrower owes Lender
Four hundred thirty thousand and 00/100 Dollars
(U.S. 430,000.09 ) plus interest, Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in fill not Jater than Febreary 1, 2035
@) "Property" means te property that is described below under the Leading "Transfer of Rights in the
Proparty."
(®) "Loan" :neans tho debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and ali sums due under this Seourity Instrument, plus interest.
(G) "Riders" means all Ridors to this Security Instrument that are executed by Borrower, ‘The following
Riders are to be executed by Bocrower [check box 2s applicable):
Adjustable Rate Rider (__] Condorsiniuen Rider (2 Second Home Rider
Balloon Rider Planned Unit Development Rider i-4 Family Rider
‘VA Rider Biweekly Payment Rider Other(s) [specify]
(GH) "Applicable Law" means all controlling applicable federal, state and locel statutes, regulations,
ordinances and administrative roles and orders (that have the effect of Jaw) as well as all applicable fincl,
non-appealable judicial opinions.
() "Communiéy Association Dues, Fees, and Assessments" means all nes, fees, assessments and other
charges that are imposed on Borrower of the Property by a condominium association, homeowners
association or similar organization.
(3) "Electronic Funds Transfer" means amy ttansfer of finds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic termipal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a Linancial 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 eutomated clearinghouse
transfers.
(KX) “Escrowltems” means those items that are desctibed in Section 3,
{L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance, proceeds paid under the covermges described in Section 5} for: {@)
damage to, or destruction of, tho Property; (ii) condemnation or othor taking of all or any part of the
Property; (Jif) conveyance in lieu of condemnation; or (iv) misrepresentations of, of omissions as to, the
value and/or condition of the Property.
QM) "Mortgage Lasurance" means insurance protecting Lender against the nonpayment of, or defult on,
the Loan.
{N) "Periodic Payment” means the regularly scheduled amount due for (1) principal and interest under the
‘Note, plus (ii) any amounts under Section 3 of this Security Instrument. .
cas
GPF ones P0020 18 Form soto ‘ot
|(©) "RESPA" menus the Real Bstate Settlement Procedures Act (12 U.S.C, Seotion 2601 ot seq) and its
‘implementing regulation, Regulation X (24 CFR. Part 3500), as they might be amended from tims to
time, or any additional or successor legislation or regulation that govems the same subject matter. As used
in this Secuuily Instrument, "RESPA" refers to all requirements and restrictions thet are imposed in regard
to 2 "federally related mortgage loan" even if the Loan does not qualify as a “fedetally related mortgage
Joan" under RESPA.
(R) "Successorin Interest of Borrower" speans any party that has taken title to the Propexty, whether or
not that party bas assumed Borrower's obligations under the Note and/or this Secuzity Instrument,
TRANSFER OF RIGHTS IN THE PROPERTY
‘This Seoutity Instrument secures to Lender: (i) the repayment of the Loan, and ail renewals, extensions and
modifications of the Note; and (li) the performance of Borrower's covenants and agreements under this
Scourity Insicument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender, the following described property located in theQOUNTY flype of Recording Jusistfiction}
of BROWARD [ame of Revording Imistictios):
Sec attached Schedule A
Parcel D Number: SSS? ‘which cumeatly bas the address of
320 Torchwood Ave [stext)
Plantation {City}, Florida 33324 {Gp Code]
(Property Address"): :
TOGETHER WITH all the improvements now or hereafter erected on the property, and li
easements, appurtenances, and fixtures now ot 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." :
por) ponsyot Page 3 of 16 Form 3010 1/04BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey fhe Property and that the Property is unencumbered, except for
encumbrances of record, Borrower warrants and will defend generally the title to the Propesty against all
clains and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifonn
covenants with limited varietions by jurisdiction to constitute 2 uniform seourity instrument covering real
property. 7
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 cvidenced by the Note and any
prepayment charges and lete charges due under the Note. Borrower shall also pay fuads for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instroment shall be made in U.S.
currency, However, if any cbeck or other instrument recvived by Lender as paymentunder the Nots or this
Security Inatrament is cotmed to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instroment be made in one or more of the following forms, 2s
selected by Lender: (2) cash; (6) money order; (¢) certified check, bank check, treasurer's check or
cashier's check, provided any such cheok is drawn upon an.institulion whose deposits are inswed by a
federal agency, instrumentality, ot entity; or (4) Electronic Funds ‘Transfer.
Payments art deemed received by Lender when received at the location desiguated 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 retum any payment or partial payment if the payment or partial payments arc 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 sach payments are
acospted. Ef each Periodic Peyment is applied as of its scheduled due date, then Lendtc need not pay
interest on wnapplied funds. Lender may hold such umapplicd fonds until Bouower makes payment to bring
the Loan current, If Borrower does not do so within a xeasonable period of time, Lender shall either apply
such fonds or return them to Borrower, if not applied earlier, suck fonds will be applied to the outstanding
puintipal balance under the Note immediately prior to foreclosure, No offset or claim which Boxower
might have now or in the foture against Lender shall retieve Borrower ftom making peyments due under
the Note and this Seourity Instrument ox performing the covenants and agreements secured by this Security
Tnsicument.
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 prictity: (a) interest
due under the Note; (b) principal due under fe Note; (c) amounts due under Section 3. Such payments
Shall be applied to each Petiodic 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 receives a payment fiom Borrower for a delinquent Periodic Payment which includes @
sufficient amount fo pay any Tate charge du, 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 paymentreceived
fiom Borrower to the repayment of the Periodic Payments if, and to the extent that, cach payment
bates fn
EBAY erosion Pee 010 Form ‘3010 1701can be paid in full. To the extent that any excets exists after the peyroent is applied to the full payment of
ove or more Periodic Payments, such excess may be applied to any Iate charges duc. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items, 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: (@) taxes and assessments and other items which can attain priosity over this Security Instrument as a
lien or encumbrance on the Property; (b) leaschold payments or ground ronts on the Property, if any; (6)
premiums for any and ail insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in liew of the payment of Mortgage
Tnsurance premiums in accotdance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time dusing 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. Bocrower shall promptly fumish to Lender all notices of amounts to
be paid under this Section, Borrower shall pay Lender the Funds for Esorow Items unless Lender waives
Bottower's obligation to pey the Funds for any or ali Escrow Items.-Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time, Any sach waiver may only be
in writing. In the event of such waiver, Borrower shall pay direofly, when and where payable, the amounts
due 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 @ covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement”
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Bosrower fails to pay the amount due for an Escrow Hem, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lendex any sch
amount. Lender may revoke the Waiver as to any or all Escrow Items at any time by a notice given in
acconiance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (2) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum araount 2 lender can
requice under RESPA. Lender shall estimate the amount of Funds due on the basis of cument data aad
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 ae insured by a federal agency,
instrumentality, or eatity (including Lender, if Lender is an institution whose deposits are so inswred) or in
any Federal Home Loan Bank. Lender shail 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 tho
Fonds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or 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. Borower and Lender can agree in writing, er, that interest
L_1) xesis Page sof 10 Fokm 3010 1/01shall be paid on the Punds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is @ surplus of Funds held in escrow, as defined under RESPA, Lender shal! account to
Bourower for tbe excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESRA, Londer shail notify Borrower as required by RESPA, and Borcower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but int no more than 12
monthly payments. If there is @ 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 a¢cordance with RESPA, but in. ao more than {2 monthly payments.
‘Upon payment in full of ell sutus sécured 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
attcibotable to the Property which can attain priority over this Security Instrument, Ieaschold payments or
ground rents on the Property, if any, and Community Association Duss, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower sball pay them in the manner provided in Section 3.
‘Borrower shail 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 2 manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the Hien in good faith
by, or defends against caforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c} secures from the holder of the lien an agreement satisfactory to Lender subordinating
the tien to this Security fosteumcat, If Lender detecnines that any part of the Property is subject to lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
Tien. Within 10 days of the date on which that notice is given, Borrower sball satisfy the Hien or take one or
more of the actions set forth above in this Section 4,
Lendex may require Borrower to pay a one-time charge for a real estate tzx verification and/or
reporting service used by Lender in connection with this Loan.
5, Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against Joss by fire, hazards included within the tom "extended coverage,” and any
other hazards including, but not limited to, earthquakes and floods, for which Leader requires insurance.
‘This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
fhe 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: (2) 2 onc-time charge for flood zone
Actermination, certification and tracking services; or (b) a one-tizae charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes ocour 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 comneotion with the
review of any flood zone determination resulting from an objection by Borrower.
AE
EAE) w2o5,01 asm of 6 Fonn soto 1/04
:
:
|If Borrower fails to maintain any of the coverages deseribed above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expebse. Leader is under uo obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borower's equity in the Property, or the contents of the Property, against any risk,
hazard or lishility and might provide greater or 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 wnder this Section 5 shall
become additional debt of Borower secured by this Scourity Instroment. These amounts shell bear interest
at the Note rate froma the date of disbursement and shall be payable, with such interest, upon notice fom
Lender to Borrower requesting payment.
All insurance policies requized 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 mame Lender as
mortgagee and/or as an additional Joss payee. Lender shall have the sight to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee. ,
In the eveut of loss, Bosrower shall give prompt notice to the insurance castier and Lender. Lender
may make proof of loss if not made prompily 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 is economically feasible and
Lender's security is not lessened. During such repair and restoration petiod, Lender shall have the right to
hold such insurance proceeds until Lender has rad an opportunity to inspect such Property to ensure the
work has been completed to Lender’s satisfaction, provided that sach inspection shalf be undertaken
promplly. Lender muy disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments 2s the work is completed, Unless an agreement is made in Writing or Applicable Law
requires interest be paid on such insurance proceeds, Lendex shall not be required to pay Bomower any
interest or earings on such proceeds. Fees for public adjusters, ot other third patties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repait is not economically feasible or Lenders security would be lessened, the insucance
proceeds shall be applied to the sums secured by this Security Jostrament, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied ir the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurancs
claim end related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle 2 claim, then Lender may negotiate and settle the claim. The 30-day
period will begin whon the notice is given. Jn cither event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's fights to any insurance
proceeds in an amount not fo exceed the amounts unpaid under the Note or this Scourity Instrument, and
(©) 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 thpn du
s6s9749162 : fe
vate
Gp SIF} sop 01 Page 7 ob 16 Form 3010 tot& Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Securily Instrument aud chall continuc to ocoupy the
Property as Borrower's principal residence for at least one year after the date of ocupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withbeld, or unless extenuating
circurstances exist Which are beyond Borrower's control.
7. Preservation, Mainteaance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Propesty, allow the Property to deteriorate or commit waste ou the
Propexty. Whether or not Bormower is residing in the Property, Borrower shel! maintain the Property in
order to prevent the Property from deteriorating or decreasing in value duc to its condition. Unless it is
determined pursuant {o Section 5 that repair or restoration is not economically feasible, Borrower shall
prompily repair the Property if damaged to avoid farther deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, oc the taking of, the Property, Borrower
shall be responsible for repaicing or restoring the Property only if Lender hus released proceeds for guch
purposes. Lender may disburse proceeds for the repairs and restoration in a single paymeator ina series of
Progress payments as the work is completed. If the insurance or condesanation 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,
Lender or its agent may make reasoaable entries upon and inspections of the Property. If it bas
reasonable cause, Lender may inspect the interior of the inprovements on the Property. Lender shall give
Borrower notice at the time of or prior to such am interfor inspection specifying such reasonable cause.
§& Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Boxower 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
Kepresentations include, but are not limited to, representations conceming Bomower'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
{2) Borrower fails to perform the covenants and agreements contained in this Security Jnstrument, () there
is a logel proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrement (such as 2 proceeding in bankruptcy, probate, for condemnation or forftitare, for
enforcement of a lien Which mey attain priority over this Security Instrument or to enforce Jaws or
regulations), or (¢) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to prote
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Filing # 25662601 E-Filed 04/02/2015 05:42:00 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH £ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, f FLORIDA. CIVIL DIVISION 4 CASE NO. CACE12-033042-J1 US. BANK, N.A., SUCCESSOR TRUSTEE TO WACHOVIA BANK, N.A., AS TRUSTEE, IN TRUST FOR AND FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF MULTI-CLASS: MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2, i } Plaintiff, vs. GINA FRIONA; THE UNKNOWN SPOUSE OF GINA. FRIONA; PHILIP FRIONA; THE UNKNOWN SPOUSE OF PHILIP FRIONA; JPMORGAN CHASE BANK, NA; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING i INTERESTS BY, THROUGH, UNDER OR AGAINST A i NAMED DEFENDANT TO THIS ACTION, OR HAVING 1 OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendants. AMENDED COMPLAINT ‘The Plaintiff, U.S. BANK, N.A., SUCCESSOR TRUSTEE TO WACHOVIA BANK, N.A,, AS TRUSTEE, IN TRUST FOR AND FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF MULTI- CLASS MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2, sues the Defendants, GINA FRIONA; THE UNKNOWN SPOUSE OF GINA FRIONA; PHILIP FRIONA; THE UNKNOWN SPOUSE OF PHILIP FRIONA; JPMORGAN CHASE BANK, NA; UNKNOWN TENANT NO. J; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, and alleges: GENERAL ALLEGATIONS 1. JURISDICTION: This is an action for equitable relief or, alternatively, for damages, which claims *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 4/2/2015 5:41:59 PM.****are within the subject matter jurisdiction of this Court. 2. VENUE: is an action that involves parties and property located within the venue of this Court and venue is otherwise proper pursuant to Chapter 47, Florida Statutes. 3. . BARTIRS: All patties to this action are properly before this Court, and this Court has personal jurisdiction over the parties. 4. SERVICER: Plaintiff has authorized Select Portfolio Servicing, Inc. to act as the servicer. Plainliff has authorized Select Portfolio Servicing, Inc., in that capacity as servicer, to enforce the terms of the Note and Mortgage. 5. CONDITIONS PRECEDENT: All conditions precedent to the filing of this action have been met by Plaintiff. 6. EDCPA: Plaintiff has previously provided Defendant(s) with validation notice pursuant to the Pair Debt Collection Practices Act (“FDCPA”) 15 U.S.C.A. 1692, MORTGAGE FORECLOSURE 7. FORECLOSURE ACTION: This is an action to foreclose a mortgage on real property (hereinafter the “property”) in Broward County, Florida, more particularly described in the mortgage attached hereto as, Exhibit “A”. 8 EXECUTION AND DELIVERY OF NOTE & MORTGAGE: On February 1, 2005, Defendant(s), PHILIP FRIONA executed and delivered a promissory note (the “note”) and Defendant(s), GINA FRIONA. AND PHILIP FRIONA exccuted and delivered a mortgage (the “mortgage”), which secures payment of the note, to JEMORGAN CHASE BANK, NA, which mortgage was recorded in Official Records Book 39030 Page 319, of the public records of Broward County, Florida, and which mortgaged the property. The property was then owned by and in possession of the mortgagor. 9, HOLDER OF THE NOTE & MORTGAGE: The note and mortgage were subsequently transferred to Plaintiff from the original mortgagee J.P. Morgan Chase N.A.. Plaintiff holds the note and mortgage. The note is a negotiable instrument subject to the provisions of Chapter 673.1041, Pursuant to Riggs v, Aurora, 36 So. 3d 932, the negotiation of the note by its transfer of possession with a blank 2indorsement or special indorsement makes Plaintiff the ‘holder’ of the note entitled to enforce it. Here, there are two allonges: allonge trom the original mortgage fo Chase Home Finance, |LLC s/b/m Chase Manhattan Mortgage and then an allonge from Chase Home Finance, LLC sfb/m Chase Manhattan Mortgage to Wachovia Bank, NA, as Trustee for Chase Corporation. 10. OWNER OF THE PROPERTY: ‘The Defendant(s) GINA FRIONA AND PHILIP FRIONA, own(s) the property. 1. DEFAULT & ACCELERATION: The Plaintiff has not been paid the payment due July 1, 2020, and all subsequent payments, which has resulted in a default of the note and mortgage. PlaintifY declares the fall amount due under the note and mortgage to be accelerated. 12. AMOUNTS DUE: The Plaintiffis owed $395,933.14 that is due as principal on the note and mortgage, plus interest from June }, 2010, costs, advances and expenses as provided jn the note and mortgage. 13. ATTORNEYS FEES: Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services herein and is entitled to recover said fees pursuant to the terms of the note and mortgage. INFERIOR CLAIMANTS: 14, Defendants, UNKNOWN TENANT NO. | and UNKNOWN TENANT NO. 2, fictitious names representing tenants in possession, may claim some interest in the property that is the subject of this foreclosure action by virtue of being in actual possession of same, but any interest said Defendant(s) may claim in the subject property , if any, is subject and inferior to the lien of Plaintiffs mortgage. 15. Defendants, ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST JN THE PROPERTY HEREIN DESCRIBED, may be interested in the subject matter of this action as unknown spouses, tenants, heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants by through, under or against a known person who is dead or not known to be dead or alive or by virtue of any interest in or claim to the property which is the subject of this action or otherwise as the case may be. These interests, if'any, are inferior to Plaintiff's imortgage. WHEREFORE, Plaintiff prays as follows: a) That this Court will take jurisdiction of this cause, of the subject matter and the parties hereto, b) Tht this Court ascertain and determine the sums of money due and payable to the Plaintiff from the Defendants. c) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien upon the lands described in Plaintiff's mortgage. d) That such lien be foreclosed in accordance with the rules and established practice of this Court, and upon failure of the Defendants to pay the amount of money found to be due by them to the Plaintiff, the said land be sold to satisfy said lien. ¢) That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest of the Defendants herein or any person or parties claiming by, through or under them since the institution of this suit. f) That all right, title or interest of the Defendants or any person claiming by, through or under them be forever barred and foreclosed.2) That this Court grant general relief in this cause as In its discretion might be meet and just including, but not limited to, a deficiency judgment against the obligor of the note, to the extent permitted by applicable Bankruptey and State law, if the proceeds of the sale are insufficient to pay Plaintiff's claim. SHD Legal Group P.A. Attomeys for Plaintiff PO BOX 11438 Fort Lauderdale, FL 33339-1438 =" Gabrielle M Gutt Florida Bar No.: 0059563 Byy VERIEICATION inde penalty of perjury, I declare ve read the foregoing Mortgage Foreclosure Complaint, and the facis alleged therein are true and correct to the best of my knowledge and belief. Select Portfolio Servicing, Inc. as Attorney in Fact US BANK NATIONAL ASSOCIATION, AS TRUSTEE SUCCESSOR IN INTEREST TO WACHOVIA BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CHASE MORTGAGE FINANCE CORPORATION MULTO-CLASS MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2 } ) : » Fda Bf Wet Name: Paige Bushnell asthe: ____Document Control Officer For: Select Portfolio Servicing, Inc. Date: 3162-14171 1 /ROFBorrower: PHILIP FRIONA Property Address: 310 TORCHWOOD AVE PLANTATION, FL 33324 FLORIDA STATUTE 702.015(4) CERTIFICATION ‘The undersigned, under penalty of perjury hereby certifies the following: 1. Plaintiff is in possession of the original note. 2. The location of the note is in the custody of SHD Legal Group P.A. whose physical address is 2691 Oakland Park Blvd., Fort Lauderdale, FL 33306. 3. I ersonally verified that SHD Legal Group P.A. is in possession of the original note . Name of Verifier: 4. Possession a the ae al note was verified on: Time: $AS/tM Date: YL. AOL STATE OF Florida COUNTY OF Broward The foregging instrument was acknowledged before me this 18_ 3 day of SEfT. » 20) Y vy GABRIAULE GATT ho islareggersonally kngwn 15 Md)or has/have produced a as identification. SEAL) NOTA BLIG: Print Name: My Commission MARLENE NICHOLSON wore ee PIRES. Noverrt onan eu Nolary Publ en 1162-141711 ANFEXHEBIT A oeAlter recording please returst loz PELRSONPATTERSON, LLP ATTN: RECORDING DEPT. 13750 OMEGA ROAD DALLAS, TX 7§244-4505 “This ducnsment prepared by: PEIRSONPATTERSON, LLP WILLIAM H. RSON 13750 OMEGA ROAD DALLAS, TX 75244-4505 Tax Parcel 1D Nos 101082300300 ee [Space Above This Line For Recording Data] ——— Loan S FLORIDA CORRECTIVE ASSIGNMENT OF MORTGAGE This Corrective Assignment is made to correct that certain Assignment recorded on October 18, 2012 in Book No, 49167 and Page No. 1873 as instrument No. 111065482 in the Publie Records of Broward County, FL wherein, by error of mistake, the assignce was incorrect. This Corrective Assignment is intended to confirm the Assignment in all other respects and shall relate back to the effective date of the Assignment. For Value Received, JPMorgnn Chase Bunk, National Association, he untdersigned holder of a Mortgage (herein “Assignor’) does hereby grant, sell, assign, transfer and-convey, unto U.S, BANK NA, SUCCESSOR TRUSTER YO WACHOVIA BANK, N.A, AS TRUSTEE, IN TRUST FOR AND: FOR THE BENEFIT OF THE CERTIFICATENOLDERS OF MULII-CLASS MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-2, (herein Assignee”), whose’ address is C/O SELECT PORTFOLIO: SERVICING, INC. 3815 SOUTH WEST TEMPLE, SALT LAKE CITY, UT 84115, a certain Mortgage dated February 1, 2005 and recarded on February 8 2005, made and cuted ‘by PHILP FRIONA AND GINA FRIONA to and in favor of JPMORGAN CHASE BANK, N-A., upon the following described property situaicd in BROWARD County, State of Florida: Property Address: 310 TORCHWOOD AVE, PLANSATION, FY. 33324 LOT 3 BLOCK 1 OF TORCHWOOD ESTATES, ACCORDING TO THE PLAT THEREOY, AS RECORDED IN PLAT BOOK 90, PAGE 25, OF TIE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. such Mortgage having been given t© secure payment of Four Hundred Thirty Thousand and 00/100ts ($430,000.00), which Morage is of record in Book, Volume. or Liber No, 39430, at Page 319-338 (or ss No, 1047137443, in the Recorder's Office of BROWARD County, State of Florida. ‘igament of Mortenge aaah 3VMoryani Chase Bank Nut, Project W276 Page tof[Co TO HAVE J assigns, forever, subject only fo the terms and conditions o YO LOLA, the same unio Assignee, its successor and ed Mortgage: the undersigned Assignor has execnted this Assignment. of Mortgage on Assignot: JPMorga n Chase Bank? National Association State of Louistana g § Parish of Ouachita § uh on tis (LER ay ot t AOLS elie me appeared c ___ MAYLA KPUG to me personally known, who, being by ime duly sworn (or affirmed) did say the i utant . of JPMorgan Chase Bank, National sane that the seal affixed to said instrument ts the corporate seal of said entity and that oned and sealed on behalf of the said entity by authority of its board of directors anid. that _ aoknowlédgid tie instrament. to he Signature of Person He Acknowledgment Bh. LOCH ‘Name Type, Printed or Stamped AL, y fublie S ‘Title and Rank 3 ut Serial Nuriber, ifany: (4 “ty an yA (Seai) IA REESE My Commissiva Expires: OUACHITA | span, Lousiana UFETIME. MI NOTARY (Dit 47070 pitehime. Finrita Corrective Assi Sb Morgan Chase Bank NA Project WPrepared By: Athertelti Lae ‘Record.and Returner Fer Alberteii Lav P.O, Box Tarps, FL ASSIGN TOF MORTGAGE IVED, the untlersigned ussignor ("“Assignor") whose address is 1111 Pola heveby grant, bargain, sell, assign, transfet-and convey tw the following assignee (“Assignee" in, as Trustee, successor in interest to Wachévia Back, National Association, a8 Trustee, igage Finance Comoration Multi-Class Mortgage Pass-Through Certificates, Series 2005-2 Whose addcoss is ofc JPMorges Chase Bank, 111} Polaris Parkway, Columbus, OH 43249-2050 FOR V; ALUE REC Parkway, Columbus, allo? Assignor’s right, title end interest all Beneficial interest under a certain Mortgage, dated February i, 2005, made aid expouted by Philip Friona and Gina Friéna, to JPMorgan Chaie Bank, N.A., recorded on Febmary 8, 2005 in Records Book 9030 ut Page 319, of the Public Recotds of Broward County, Florida, whicti.cntumibers the seal property more purticularly described es follows: LOT 3, BLOCK 1, OF TORCHWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLATBOOK 90, PAGE OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. AK: SIO TORCHWOOD AVENUE, PLANTATION, FL 33324-2322 assignment is made without recourse fo Assignor and without representation or warranty by Assignor, express or implied, . ASSIGNOR: [CORPORATE SEAL} JPMorgan Chasé Bank, N.A. on Clue Ou ¢ alpha P 7 a Breweges ie PRL” STATE OFaZez hefitia, Dewey The undersigned, ¢ notary public in and for the whove-said County dnd State, does hereby scgiowladige the} onthe day and year set forth below, personally appeared ee as ha ‘on behalf of the polation Ghelfie is pesoually known to tne or has produced Zaid De 9 identification and AGgeis not take an oath, 4 A. , WITNE: gs my hand und official seal this Azfday ot Le tiab tae 2082. Moar Pubic f ae TEES My cominission expires: Be hSLF 1.Hyr-laerel “NOTE February ! Ft Landerdale IL (ci) {Btate} 310 Torchwood Ave Planiation, FL 33324 Dreopany Adios} 1, BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $430,000.00 (this amount is called "Principal", plus interest, to the order of the Lender. The Lender is JPMorgan Chase Bank, N.A. a bank Which is organized and existing under the Jaws of the United States of America Iwill make al) payments under this Note in the form of cash, check or moriey order. 1 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 Interest will be charged on unpaid principal until the full amount of Principal has been paid. I wilt pay interest at 2 yearly tate of 6.625 ve ‘The ‘interest rate 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 () Time and Place of Paymtents I will pay principal and interest by making payment every month. I will make my monthly payment on the First day of each month beginning on March tet 2005 Twill make these payments every mouth tatil I have paid all of the principal and interest and any other, eiarges described below that I may owe under this Note. Each montbly payment will be applied as of its scheduled due date and will be applied to interest, before Principal. If, on February 1, 2035 , Lstill owe amounts under tis Note, T will pay these amounts in full on that date, which is called the "Maturity Date." L will make my monthly payments et JPMorgan Chase Bank, N.A., c/o Chase Home Finance, LLC 3415 Vision Drive, Columbus, OH 43219 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 U8. $ 2,753.34 4. BORROWER'S RIGHT TO PREPAY Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is 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 & 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 vse my Prepayments to reduce the amount of Principal that 1 owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Propayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payinent unless the Note Holder agrees in writing to those changes. FLORIDAFIXED RATE NOTE:Single Family-Fannle Mao/Freddio Mac UNIFORM INSTRUMENT Q, -BN(FL) (0005) Form 3210 vot, UMP MORTGAGE FORMS - (800)5217291 *5. LOAN CHARGES Ifa law, which applies to this loan and which seis maximura loan charges, is finally interpreted so that the faterest or other loan charges collected or to be collected in connection with this loan exceed 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 slzeady collected from ime which exceeded penmitied limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe wader this Note or by making 4 direct payment to me. If 2 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 hes not received the full amount of any monthly payment by the endof Fifteen calendar days after the date itis due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 ot my overdue payment of principal and interest, E 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 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by 2 certain date, the Note Holder may requixe me to pay immediately the full araount of Principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means, @) No Waiver By Note Holder Bven if, at a time when I am in default, the Note Holder docs not requize 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 time, (B) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as deecribed 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 applicnble law. Those expenses include, for example, reasonable attoraeys' 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 meat the Property Address above or at a different address if T give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 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 mey enforce its rights under this Note against each person individually or against all of us together. This means that aay one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS T and any offer person who has obligations under this Note waive the rights of Presentment and Notice of Dishouor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to squire the Note Holder to give notice to other persons that amounts due have not been paid. Form 3210 401 Bp, SNL) (oon Pago 2063 frat40. UNIFORM SECURED NOTE ‘This Note is a vniform instrument with limited variations in some jurisdictions. In addition fo the protections given to the te Holder under this Note, 2 Moxtgage, Deed of Trust, or Sectirity Deod (the "Security Instrument"), dated the same date as tals Note, protecte the Note Holder from possible losses which might result if I do not keep the promises which I make in this ‘Note. ‘Phat Security Instrament 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: If al or any part of the Property or any Interest in the Property is gold or transfeied (or if Borrower is aot a natural person and a beneficial interest in Boscower is sold or transferred) without Lender's prior written consent, Lender may require iminediate payment in full of all sums secured by this Security Instrument. However, this option shell not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not fess than 30 days from the date the notice is given in accordance with Section 15 ‘within which Borrower must pay all sums secured by this Sccurity Instrument. If Borcower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security ustrument without further notice or demand on Borrower. 11. DOCUMENTARY TAX The state documentary tax due on this Noto bas been paid on the mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED (Beal) ‘Le (Seal) Borowe — Philiy Borower oat (Seal) (Seal) -Bonower -Bomower esl) (Seal) “Borrower -Bonower (Seal) {Seal) -Borrower ~Borower Pay ig the Order oft f [Sign Original Only} mabe ANT SECRETARY EBD -SNEL) ooo, Page aot Form 3240 1/04 >Allonas. 5 FRIONA PHILIP: Loan Amount: $430,000.00 340 TORCHWOOD AVE ‘Loan th” PLANTATION, FL 33324 Note Dater 2/1/2005 PAY TO THE ORDER OF: Chase Home Finance, LLC s/b/m Chase Manhattan Mortyage Corporation without recourse this 4/22/2005 JP Morgan Chase Bank, N.A. ffi/a:‘The Chase Manhattan Bank an Ohio Corporation den Se Oo Toni Hall Assistant SecretaryAllenge. Borrower(s): FRIONA PHILIP Lozn Amount 310 TORCHWOOD AVE Loan #: PLANTATION, FL 33324 Note Date: 2/1/2005 $430,000.00 PAY TO THE ORDER OF: Wachovia Bank, NA, as Trustee for Chase without recourse this 4/25/2005 Chase Home Finance, LLC s/b/m Chase Manhattan Morigage Corporation a Delaware Corporation i Renee Stephenson Assistant SecretaryAllonos_ Borrower(s): FRIONA PHILIP: Loan Amount: 310 TORCHWOOD AVE PLANTATION, FL 33324 Note Date: PAY TO THE ORDER OF; Wachovia Bank, NA, as Trustee for Chase without recourse this 4/25/2005 Chase Home Finance, LLC s/bim Chase Manhattan Mortgage Corporation a Delaware Corporation “ans Btochowse. Renee Stephenson Assistant Secretary $430,000.00 2/4/2005Allonse. Borrower(s): FRIONA PHILIP. Loan Amount: $430,000.00 310 TORCHWOOD AVE PLANTATION, FL 33324 21112008 PAY TO THE ORDER OF: Chase Horie Finance, LLC s/b/m Chase Manhattan Mortgege Corporation without recourse this 4/22/2005 JP Morgan Chase Bank, N.A, f/k/a The Chase Manhattan Bank an Ohio Corporation dex Se OR Toni Hail Assistant Secretaryho 10% Fort Lauderdale, Poids $5008 401 Evst Broward Bivd, PRINCIPLE TITLE INSURANCE AGEN WILL CALL Rebun Tot c ; C 3PMorgen Chese Custody Services ; \ ¥.0, Box 8000 lustre toaris7és Monroe, L&. 71214 . JOR BK 39030 Pages 319 - 335 RECORDED 02/0805 1427.07 ROWARD COUNTY COMMISSION [DOG STHMP.t4, $1805.00 cE ANT TAX; ft $850.09 fs CLERK 2168 ‘This document was prepared by: SPEPUTY cUsRK ZI [Spree Above Ths Line For Retordlng Data]. MORTGAGE DEFINITIONS. Words used in multiple sections of this document are defined below and other words are defined in © Sections 3, 11, 13, 18, 20 and 2). Cestain rules segarding the usage of words used in this documentare also provided in Section 16. (4) "Security Instrument” means this document, which is datedFebruary 1, 2005 > togethor with all Riders to this document (8) "Borrower's Philip Friona and Gina Friona, his wife Borrower is the mortgagor undec this Scourity Instrument. (C) "Lenders, "Morgan Chase Bank, NA. ender is @ national banking sssosiation lorganized and existing under ie laws of the United States of America 7 \ \. : : “ ORIDASingle Fattily-Fannle the ee jac UNIFORM INSTRUNENT —* Form 3040 4101 ED,-HFL) oonsios ; , Page tor 16 Z : MP MORTGAGE FORINS - (e002 IOCLender's address is 131 Polaris Patkowey, Columbus, OH 43240 Lender js the mortgagee under this Security Instrument. @) "Note" resus the promissory note signed by Bonswer and datedFebruary 1, 2005 ‘The Note states that Borrower owes Lender Four hundred thirty thousand and 00/100 Dollars (U.S. 430,000.09 ) plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fill not Jater than Febreary 1, 2035 @) "Property" means te property that is described below under the Leading "Transfer of Rights in the Proparty." (®) "Loan" :neans tho debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and ali sums due under this Seourity Instrument, plus interest. (G) "Riders" means all Ridors to this Security Instrument that are executed by Borrower, ‘The following Riders are to be executed by Bocrower [check box 2s applicable): Adjustable Rate Rider (__] Condorsiniuen Rider (2 Second Home Rider Balloon Rider Planned Unit Development Rider i-4 Family Rider ‘VA Rider Biweekly Payment Rider Other(s) [specify] (GH) "Applicable Law" means all controlling applicable federal, state and locel statutes, regulations, ordinances and administrative roles and orders (that have the effect of Jaw) as well as all applicable fincl, non-appealable judicial opinions. () "Communiéy Association Dues, Fees, and Assessments" means all nes, fees, assessments and other charges that are imposed on Borrower of the Property by a condominium association, homeowners association or similar organization. (3) "Electronic Funds Transfer" means amy ttansfer of finds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic termipal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a Linancial 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 eutomated clearinghouse transfers. (KX) “Escrowltems” means those items that are desctibed in Section 3, {L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance, proceeds paid under the covermges described in Section 5} for: {@) damage to, or destruction of, tho Property; (ii) condemnation or othor taking of all or any part of the Property; (Jif) conveyance in lieu of condemnation; or (iv) misrepresentations of, of omissions as to, the value and/or condition of the Property. QM) "Mortgage Lasurance" means insurance protecting Lender against the nonpayment of, or defult on, the Loan. {N) "Periodic Payment” means the regularly scheduled amount due for (1) principal and interest under the ‘Note, plus (ii) any amounts under Section 3 of this Security Instrument. . cas GPF ones P0020 18 Form soto ‘ot |(©) "RESPA" menus the Real Bstate Settlement Procedures Act (12 U.S.C, Seotion 2601 ot seq) and its ‘implementing regulation, Regulation X (24 CFR. Part 3500), as they might be amended from tims to time, or any additional or successor legislation or regulation that govems the same subject matter. As used in this Secuuily Instrument, "RESPA" refers to all requirements and restrictions thet are imposed in regard to 2 "federally related mortgage loan" even if the Loan does not qualify as a “fedetally related mortgage Joan" under RESPA. (R) "Successorin Interest of Borrower" speans any party that has taken title to the Propexty, whether or not that party bas assumed Borrower's obligations under the Note and/or this Secuzity Instrument, TRANSFER OF RIGHTS IN THE PROPERTY ‘This Seoutity Instrument secures to Lender: (i) the repayment of the Loan, and ail renewals, extensions and modifications of the Note; and (li) the performance of Borrower's covenants and agreements under this Scourity Insicument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following described property located in theQOUNTY flype of Recording Jusistfiction} of BROWARD [ame of Revording Imistictios): Sec attached Schedule A Parcel D Number: SSS? ‘which cumeatly bas the address of 320 Torchwood Ave [stext) Plantation {City}, Florida 33324 {Gp Code] (Property Address"): : TOGETHER WITH all the improvements now or hereafter erected on the property, and li easements, appurtenances, and fixtures now ot 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." : por) ponsyot Page 3 of 16 Form 3010 1/04BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey fhe Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to the Propesty against all clains and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifonn covenants with limited varietions by jurisdiction to constitute 2 uniform seourity instrument covering real property. 7 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 cvidenced by the Note and any prepayment charges and lete charges due under the Note. Borrower shall also pay fuads for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instroment shall be made in U.S. currency, However, if any cbeck or other instrument recvived by Lender as paymentunder the Nots or this Security Inatrament is cotmed to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instroment be made in one or more of the following forms, 2s selected by Lender: (2) cash; (6) money order; (¢) certified check, bank check, treasurer's check or cashier's check, provided any such cheok is drawn upon an.institulion whose deposits are inswed by a federal agency, instrumentality, ot entity; or (4) Electronic Funds ‘Transfer. Payments art deemed received by Lender when received at the location desiguated 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 retum any payment or partial payment if the payment or partial payments arc 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 sach payments are acospted. Ef each Periodic Peyment is applied as of its scheduled due date, then Lendtc need not pay interest on wnapplied funds. Lender may hold such umapplicd fonds until Bouower makes payment to bring the Loan current, If Borrower does not do so within a xeasonable period of time, Lender shall either apply such fonds or return them to Borrower, if not applied earlier, suck fonds will be applied to the outstanding puintipal balance under the Note immediately prior to foreclosure, No offset or claim which Boxower might have now or in the foture against Lender shall retieve Borrower ftom making peyments due under the Note and this Seourity Instrument ox performing the covenants and agreements secured by this Security Tnsicument. 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 prictity: (a) interest due under the Note; (b) principal due under fe Note; (c) amounts due under Section 3. Such payments Shall be applied to each Petiodic 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 receives a payment fiom Borrower for a delinquent Periodic Payment which includes @ sufficient amount fo pay any Tate charge du, 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 paymentreceived fiom Borrower to the repayment of the Periodic Payments if, and to the extent that, cach payment bates fn EBAY erosion Pee 010 Form ‘3010 1701can be paid in full. To the extent that any excets exists after the peyroent is applied to the full payment of ove or more Periodic Payments, such excess may be applied to any Iate charges duc. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items, 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: (@) taxes and assessments and other items which can attain priosity over this Security Instrument as a lien or encumbrance on the Property; (b) leaschold payments or ground ronts on the Property, if any; (6) premiums for any and ail insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in liew of the payment of Mortgage Tnsurance premiums in accotdance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time dusing 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. Bocrower shall promptly fumish to Lender all notices of amounts to be paid under this Section, Borrower shall pay Lender the Funds for Esorow Items unless Lender waives Bottower's obligation to pey the Funds for any or ali Escrow Items.-Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time, Any sach waiver may only be in writing. In the event of such waiver, Borrower shall pay direofly, when and where payable, the amounts due 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 @ covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Bosrower fails to pay the amount due for an Escrow Hem, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lendex any sch amount. Lender may revoke the Waiver as to any or all Escrow Items at any time by a notice given in acconiance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (2) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum araount 2 lender can requice under RESPA. Lender shall estimate the amount of Funds due on the basis of cument data aad 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 ae insured by a federal agency, instrumentality, or eatity (including Lender, if Lender is an institution whose deposits are so inswred) or in any Federal Home Loan Bank. Lender shail 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 tho Fonds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or 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. Borower and Lender can agree in writing, er, that interest L_1) xesis Page sof 10 Fokm 3010 1/01shall be paid on the Punds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is @ surplus of Funds held in escrow, as defined under RESPA, Lender shal! account to Bourower for tbe excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESRA, Londer shail notify Borrower as required by RESPA, and Borcower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but int no more than 12 monthly payments. If there is @ 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 a¢cordance with RESPA, but in. ao more than {2 monthly payments. ‘Upon payment in full of ell sutus sécured 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 attcibotable to the Property which can attain priority over this Security Instrument, Ieaschold payments or ground rents on the Property, if any, and Community Association Duss, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower sball pay them in the manner provided in Section 3. ‘Borrower shail 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 2 manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the Hien in good faith by, or defends against caforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c} secures from the holder of the lien an agreement satisfactory to Lender subordinating the tien to this Security fosteumcat, If Lender detecnines that any part of the Property is subject to lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the Tien. Within 10 days of the date on which that notice is given, Borrower sball satisfy the Hien or take one or more of the actions set forth above in this Section 4, Lendex may require Borrower to pay a one-time charge for a real estate tzx verification and/or reporting service used by Lender in connection with this Loan. 5, Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Joss by fire, hazards included within the tom "extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Leader requires insurance. ‘This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of fhe 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: (2) 2 onc-time charge for flood zone Actermination, certification and tracking services; or (b) a one-tizae charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes ocour 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 comneotion with the review of any flood zone determination resulting from an objection by Borrower. AE EAE) w2o5,01 asm of 6 Fonn soto 1/04 : : |If Borrower fails to maintain any of the coverages deseribed above, Lender may obtain insurance coverage, at Lender's option and Borrower's expebse. Leader is under uo obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borower's equity in the Property, or the contents of the Property, against any risk, hazard or lishility and might provide greater or 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 wnder this Section 5 shall become additional debt of Borower secured by this Scourity Instroment. These amounts shell bear interest at the Note rate froma the date of disbursement and shall be payable, with such interest, upon notice fom Lender to Borrower requesting payment. All insurance policies requized 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 mame Lender as mortgagee and/or as an additional Joss payee. Lender shall have the sight to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. , In the eveut of loss, Bosrower shall give prompt notice to the insurance castier and Lender. Lender may make proof of loss if not made prompily 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 is economically feasible and Lender's security is not lessened. During such repair and restoration petiod, Lender shall have the right to hold such insurance proceeds until Lender has rad an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction, provided that sach inspection shalf be undertaken promplly. Lender muy disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments 2s the work is completed, Unless an agreement is made in Writing or Applicable Law requires interest be paid on such insurance proceeds, Lendex shall not be required to pay Bomower any interest or earings on such proceeds. Fees for public adjusters, ot other third patties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repait is not economically feasible or Lenders security would be lessened, the insucance proceeds shall be applied to the sums secured by this Security Jostrament, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied ir the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurancs claim end related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle 2 claim, then Lender may negotiate and settle the claim. The 30-day period will begin whon the notice is given. Jn cither event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's fights to any insurance proceeds in an amount not fo exceed the amounts unpaid under the Note or this Scourity Instrument, and (©) 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 thpn du s6s9749162 : fe vate Gp SIF} sop 01 Page 7 ob 16 Form 3010 tot& Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Securily Instrument aud chall continuc to ocoupy the Property as Borrower's principal residence for at least one year after the date of ocupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withbeld, or unless extenuating circurstances exist Which are beyond Borrower's control. 7. Preservation, Mainteaance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Propesty, allow the Property to deteriorate or commit waste ou the Propexty. Whether or not Bormower is residing in the Property, Borrower shel! maintain the Property in order to prevent the Property from deteriorating or decreasing in value duc to its condition. Unless it is determined pursuant {o Section 5 that repair or restoration is not economically feasible, Borrower shall prompily repair the Property if damaged to avoid farther deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, oc the taking of, the Property, Borrower shall be responsible for repaicing or restoring the Property only if Lender hus released proceeds for guch purposes. Lender may disburse proceeds for the repairs and restoration in a single paymeator ina series of Progress payments as the work is completed. If the insurance or condesanation 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, Lender or its agent may make reasoaable entries upon and inspections of the Property. If it bas reasonable cause, Lender may inspect the interior of the inprovements on the Property. Lender shall give Borrower notice at the time of or prior to such am interfor inspection specifying such reasonable cause. §& Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Boxower 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 Kepresentations include, but are not limited to, representations conceming Bomower'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 {2) Borrower fails to perform the covenants and agreements contained in this Security Jnstrument, () there is a logel proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrement (such as 2 proceeding in bankruptcy, probate, for condemnation or forftitare, for enforcement of a lien Which mey attain priority over this Security Instrument or to enforce Jaws or regulations), or (¢) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to prote