Preview
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, STATE OF FLORIDA
CIVIL DIVISION
COAST BANK OF FLORIDA, a Florida bank,
Plaintiff,
VS. Case No. 2007 CA 06185 NC
LAWRENCE T. PETERSON, JR., an individual,
COASTAL FLOORS, INC. a Florida corporation,
a/k/a TOM BUCCI for COASTAL FLOORS,
SUNBELT ELECTRIC, INC., a_ Florida
corporation, JND PROPERTY MANAGEMENT,
INC., a Florida corporation, COX LUMBER CO.,
a Florida corporation, d/b/a HD SUPPLY
LUMBER & BUILDING MATERIALS a/k/a HD
SUPPLY L.B.M., NITRO TRUCKING, INC., a
Florida corporation, ROBERT GRUENNERT, an
individual, BUILDER SERVICES GROUP, INC.,
a Florida corporation, f/k/a MASCO
CONTRACTOR SERVICES CENTRAL, INC.
d/b/a JANSEN & SONS INSULATION, JOSEPH
MAURER PAINTING CORPORATION, a
Florida corporation, SMITH & SONS
INSULATION, INC., a Florida corporation, and
CALDWELL LAND SURVEYING, INC., a
Florida corporation,
Defendants.
/
PLAINTIFF’S MOTION FOR SUMMARY AND/OR DEFAULT
JUDGMENT REGARDING COUNT Il FOR FORECLOSURE OF
REAL PROPERTY AND AWARD OF ATTORNEY’S FEES AND COSTS
The Plaintiff, FIRST BANK as successor by merger to COAST BANK OF FLORIDA
(hereinafter “FIRST BANK”), by and through its undersigned counsel, moves for the entry ofa
Final Summary and/or Default Judgment in its favor and against the Defendants regarding Count
Il of its Complaint for Foreclosure of Real Property as there is no genuine issue as to any
STP:802553:1
Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 1 of 7material fact, and the Plaintiff is entitled to a judgment as a matter of law. The record before the
Court shows the following:
L. The execution and delivery of the loan documents upon which the instant
foreclosure action is based (“Loan Documents”’).
2. The Plaintiff, FIRST BANK, is the owner and holder of the Loan Documents.
3. The Defendant, LAWRENCE T. PETERSON, JR., has materially defaulted under
the terms of the Loan Documents entered into with Plaintiff, and Plaintiff is
entitled to the foreclosure sought, both under the terms of said Loan Documents
and further as a matter of law.
4, No defense has been interposed by any Defendant as would avoid the foreclosure
claim made by Plaintiff.
5. Moreover, defaults have been entered against the Defendants, LAWRENCE T.
PETERSON, JR., NITRO TRUCKING, INC., SMITH & SONS, INSULATION,
INC., COASTAL FLOORS, INC. a/k/a TOM BUCCI for COASTAL FLOORS,
JND PROPERTY MANAGEMENT, INC., BUILDER SERVICES GROUP,
INC. f/k/a MASCO CONTRACTOR SERVICES CENTRAL, INC. d/b/a
JANSEN & SONS INSULATION, JOSEPH MAURER PAINTING
CORPORATION, and CALDWELL LAND SURVEYING, INC., in this matter.
6. The Plaintiff, FIRST BANK, is the owner and holder of the Loan Documents
upon which the action is based, and is entitled to the relief requested under the
terms thereof based upon the proof submitted. Attached hereto and incorporated
herein is an original Affidavit in Support of Plaintiff's Motion for Summary
and/or Default Judgment.
STP:802553:1
bo
Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 2 of 77. The Plaintiff, FIRST BANK, has further incurred attorney’s fees and costs in
relation to the prosecution of this case for which it is entitled to an award of
attorney’s fees and costs.
WHEREFORE, the Plaintiff, FIRST BANK, moves for the entry of a Final Summary
and/or Default Judgment against the Defendants regarding Count HU of its Complaint for
foreclosure of real property and an award of attorney’s fees and costs relative to the relief sought,
all in accordance with the proof submitted and for such other and further relief as the Court
deems appropriate under the circumstances.
Respectfully submitted,
Perini,
2
L. GEOFFREY YOUNG, ESQ.
Fla. Bar #188763
STEPHEN M. TEPLIN, ESQ.
Fla. Bar #0163872
RUDEN, McCLOSKY, SMITH,
SCHUSTER & RUSSELL, P.A.
150 2™ Ave. No., Suite 1700
St. Petersburg, FL 33701
(727) 502-8200/FAX — 502-8282
Attorneys for the Plaintiff
ae s z é fy -
, 5 z \ £ \ “¥ seaport?
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff’s Motion for
Summary and/or Default Judgment Regarding Count II for Foreclosure of Real Property and
a
Award of Attorney’s Fees and Costs has been served via U.S. Mail to the following on this =
senna aaa ne pam anamnanmenmmmatan
day of January, 2008:
Jean Nichole Mouser, Esq. Robert Gruennert Melissa Volk, Esq.
1032 MLK Jr. Street North 468 Wabash Terrace Van Winkle & Sams
St. Petersburg, FL 33705 Port Charlotte, FL 33954 2815 Proctor Road
Sarasota, FL 34231-6443
STP:802553:1
Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 3 of 7Smith & Sons Insulation, Inc. Joseph Maurer Painting Corp. Lawrence T. Peterson, Jr.
c/o Dale G. Smith, its Reg. c/o Donna Maurer, Secty. 6460 69"" Avenue North
Agent 9174 Carnation Ave. Pinellas Park, FL 33781
3344 Tropicare Blvd. Englewood, FL 34224
North Port, FL 34286
Coastal Floors, Inc. JND Property Management, Nitro Trucking, Inc.
c/o Neil Mutch, Gen. Mer. Inc. c/o Robert J. Richard, Sr., its
2208 60th Drive E. c/o David Hillyer, its Reg. R.A.
Bradenton, FL 34203 Agent 4846 SW Hull Ave.
2731 Soprano Lane Ft. Ogden, FL 34267
North Port, FL 34286
Builders Service Group, Inc. | Caldwell Land Surveying, Inc.
c/o CT Corporation System c/o Bruce C. Caldwell,
1200 S. Pine Island Road its Reg. Agent
Plantation, FL 33324 909 S. Tamiami Trail
Nokomis, FL 34275
STEPHEN M. TEPLIN, ESQ.
STP:802553:1
Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 4 of 7IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, STATE OF FLORIDA
CIVIL DIVISION
COAST BANK OF FLORIDA, a Florida bank,
Plaintiff,
VS. . Case No. 2007 CA 06185 NC
LAWRENCE T. PETERSON, JR., an individual, COASTAL
FLOORS, INC. a Florida corporation, a/k/a TOM BUCCI for
COASTAL FLOORS, SUNBELT ELECTRIC, INC., a
Florida corporation, JND PROPERTY MANAGEMENT,
INC., a Florida corporation, COX LUMBER CO., a Florida
corporation, d/b/a HD SUPPLY LUMBER & BUILDING
MATERIALS a/k/a HD SUPPLY LB.M., NITRO
TRUCKING, INC., a Florida corporation, ROBERT
GRUENNERT, an individual, BUILDER SERVICES
GROUP, INC., a Florida corporation, f/k/a MASCO
CONTRACTOR SERVICES CENTRAL, INC. d/b/a
JANSEN & SONS INSULATION, JOSEPH MAURER
PAINTING CORPORATION, a Florida corporation, SMITH
& SONS INSULATION, INC., a Florida corporation, and
CALDWELL LAND SURVEYING, INC., a Florida
corporation,
Defendants.
/
AFFIDAVIT IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY AND/OR
DEFAULT JUDGMENT REGARDING COUNT If FOR FORECLOSURE OF
REAL PROPERTY AND AWARD OF ATTORNEY’S FEES AND COSTS
STATE OF FLORIDA
COUNTY OF MANATEE
BEFORE ME the undersigned authority, personally appeared, PAUL NIDASIO, who, after
being first duly sworn, says:
1. Affiant is over 18 years of age, has personal knowledge of the matters set forth herein, is
an Executive Vice President of Coast Bank of Florida (“COAST BANK”), and is the custodian of the
payment records which records reflect contemporaneous entries made at the time of occurrence, has
personal knowledge of the facts recited herein and in the pleadings fled on behalf of COAST BANK
in this action, and is authorized to give this Affidavit.
STP:802558:4
Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 5 of 72. On or about June 7, 2005, Defendant LAWRENCE T. PETERSON, JR. (‘PETERSON’)
executed and delivered to Plaintiff, COAST BANK, an Adjustable Rate Note in the face amount of
$196,200.00 (the “Note”). A true and correct copy of that Note is attached to the Complaint and
incorporated therein by reference as Exhibit “A”.
3. As security for the Note, Defendant PETERSON executed and delivered to Plaintiff,
COAST BANK, that certain Mortgage dated June 7, 2005, and recorded on June 10, 2005, among the
Official Records of Sarasota County, Florida, as Instrument #2005126467 (the “Mortgage”),
encumbering the property more particularly described therein (the “Property”). A true and correct
copy of that Mortgage is attached to the Complaint and incorporated therein by reference as Exhibit
“B”,
4. Plaintiff, COAST BANK, is the owner and holder of the Note and Mortgage (collectively
referred to herein as the “Loan Documents”).
5. Defendant PETERSON has defaulted under the terms of the Note by failing and refusing
to make the monthly installment payment due on March 1, 2007, plus late fees, and all monthly
installment payments coming due thereafter.
6. Defendant PETERSON further defaulted under the terms of the Mortgage for failing to
pay the taxes due on the Property for the 2006 tax year.
7. On March 30, 2007, Plaintiff COAST BANK, made demand for payment of the
outstanding payments owed, including past due interest, late charges, accrued interest and any other
fees owed under the Note and Mortgage. A true and correct copy of that demand letter is attached to
the Complaint and incorporated therein by reference as Exhibit “C”.
8. Notwithstanding the foregoing written notice, Defendant PETERSON has defaulted
under the terms of the Loan Documents by failing to make the monthly installment payment due on
March 1, 2007, and all monthly installment payments coming due thereafter.
STP:802558:1
bh
Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 6 of 79. The outstanding principal balance of $189,291.23, plus all accrued but unpaid interest,
late charges, Court costs and attorney’s fees are currently due to the Plaintiff, COAST BANK, by
Defendant PETERSON.
10. To date, Defendant PETERSON has failed to pay the Plaintiff, COAST BANK, the
outstanding principal balance, plus all accrued interest and late charges, due under the Loan
Documents.
11. As of the date of this Affidavit, Defendant PETERSON owes COAST BANK under the
terms of the Note the following sums:
(a) Remaining principal balance: $ 189,291.23
(b) Accrued but unpaid interest through 1 Lee /07 § (4,/78 78
Per Diem amount $7 7 2% 47. 3.2
(c) Late charges:
(d) Other: Yragersncs
TOTAL G07, AEF
12. In addition, pursuant to the Loan Documents, Defendant PETERSON is also obligated to
pay the Plaintiff, COAST BANK, the Court costs and attorney’s fees that COAST BANK has
incurred i this matter.
13. The interest of the Plaintiff's Mortgage in the real property is superior to that of any other
Defendant to this cause.
FURTHER AFFIANT SAITH NAUGHT.
STATE OF FLORIDA
COUNTY OF MANATEE
Sworn to and subscribed before me by PAUL NIDASIO, who is personally known to me_or
has produced as identification , on this .2eAday of
November, 2007. oS oe
3 ’ AX A L f ie a A ,
ed ~ ree Ci o> a é : oe yee ST
aeeeerecnne ey NOTARY PUBLIC / :
ao My C sei iSsi IONE DDE 542487 Printed Name: if
: Ah KS
z sist c¥PIBES: Feoruary 19, 2010
aa: Ss
in 8
TERE Bonded Thru Notary Public Underwriters
g PS more
My commission expires:
STP-802558'1
Lod
Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 7 of 7
Preview
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, STATE OF FLORIDA CIVIL DIVISION COAST BANK OF FLORIDA, a Florida bank, Plaintiff, VS. Case No. 2007 CA 06185 NC LAWRENCE T. PETERSON, JR., an individual, COASTAL FLOORS, INC. a Florida corporation, a/k/a TOM BUCCI for COASTAL FLOORS, SUNBELT ELECTRIC, INC., a_ Florida corporation, JND PROPERTY MANAGEMENT, INC., a Florida corporation, COX LUMBER CO., a Florida corporation, d/b/a HD SUPPLY LUMBER & BUILDING MATERIALS a/k/a HD SUPPLY L.B.M., NITRO TRUCKING, INC., a Florida corporation, ROBERT GRUENNERT, an individual, BUILDER SERVICES GROUP, INC., a Florida corporation, f/k/a MASCO CONTRACTOR SERVICES CENTRAL, INC. d/b/a JANSEN & SONS INSULATION, JOSEPH MAURER PAINTING CORPORATION, a Florida corporation, SMITH & SONS INSULATION, INC., a Florida corporation, and CALDWELL LAND SURVEYING, INC., a Florida corporation, Defendants. / PLAINTIFF’S MOTION FOR SUMMARY AND/OR DEFAULT JUDGMENT REGARDING COUNT Il FOR FORECLOSURE OF REAL PROPERTY AND AWARD OF ATTORNEY’S FEES AND COSTS The Plaintiff, FIRST BANK as successor by merger to COAST BANK OF FLORIDA (hereinafter “FIRST BANK”), by and through its undersigned counsel, moves for the entry ofa Final Summary and/or Default Judgment in its favor and against the Defendants regarding Count Il of its Complaint for Foreclosure of Real Property as there is no genuine issue as to any STP:802553:1 Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 1 of 7material fact, and the Plaintiff is entitled to a judgment as a matter of law. The record before the Court shows the following: L. The execution and delivery of the loan documents upon which the instant foreclosure action is based (“Loan Documents”’). 2. The Plaintiff, FIRST BANK, is the owner and holder of the Loan Documents. 3. The Defendant, LAWRENCE T. PETERSON, JR., has materially defaulted under the terms of the Loan Documents entered into with Plaintiff, and Plaintiff is entitled to the foreclosure sought, both under the terms of said Loan Documents and further as a matter of law. 4, No defense has been interposed by any Defendant as would avoid the foreclosure claim made by Plaintiff. 5. Moreover, defaults have been entered against the Defendants, LAWRENCE T. PETERSON, JR., NITRO TRUCKING, INC., SMITH & SONS, INSULATION, INC., COASTAL FLOORS, INC. a/k/a TOM BUCCI for COASTAL FLOORS, JND PROPERTY MANAGEMENT, INC., BUILDER SERVICES GROUP, INC. f/k/a MASCO CONTRACTOR SERVICES CENTRAL, INC. d/b/a JANSEN & SONS INSULATION, JOSEPH MAURER PAINTING CORPORATION, and CALDWELL LAND SURVEYING, INC., in this matter. 6. The Plaintiff, FIRST BANK, is the owner and holder of the Loan Documents upon which the action is based, and is entitled to the relief requested under the terms thereof based upon the proof submitted. Attached hereto and incorporated herein is an original Affidavit in Support of Plaintiff's Motion for Summary and/or Default Judgment. STP:802553:1 bo Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 2 of 77. The Plaintiff, FIRST BANK, has further incurred attorney’s fees and costs in relation to the prosecution of this case for which it is entitled to an award of attorney’s fees and costs. WHEREFORE, the Plaintiff, FIRST BANK, moves for the entry of a Final Summary and/or Default Judgment against the Defendants regarding Count HU of its Complaint for foreclosure of real property and an award of attorney’s fees and costs relative to the relief sought, all in accordance with the proof submitted and for such other and further relief as the Court deems appropriate under the circumstances. Respectfully submitted, Perini, 2 L. GEOFFREY YOUNG, ESQ. Fla. Bar #188763 STEPHEN M. TEPLIN, ESQ. Fla. Bar #0163872 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. 150 2™ Ave. No., Suite 1700 St. Petersburg, FL 33701 (727) 502-8200/FAX — 502-8282 Attorneys for the Plaintiff ae s z é fy - , 5 z \ £ \ “¥ seaport? CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Plaintiff’s Motion for Summary and/or Default Judgment Regarding Count II for Foreclosure of Real Property and a Award of Attorney’s Fees and Costs has been served via U.S. Mail to the following on this = senna aaa ne pam anamnanmenmmmatan day of January, 2008: Jean Nichole Mouser, Esq. Robert Gruennert Melissa Volk, Esq. 1032 MLK Jr. Street North 468 Wabash Terrace Van Winkle & Sams St. Petersburg, FL 33705 Port Charlotte, FL 33954 2815 Proctor Road Sarasota, FL 34231-6443 STP:802553:1 Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 3 of 7Smith & Sons Insulation, Inc. Joseph Maurer Painting Corp. Lawrence T. Peterson, Jr. c/o Dale G. Smith, its Reg. c/o Donna Maurer, Secty. 6460 69"" Avenue North Agent 9174 Carnation Ave. Pinellas Park, FL 33781 3344 Tropicare Blvd. Englewood, FL 34224 North Port, FL 34286 Coastal Floors, Inc. JND Property Management, Nitro Trucking, Inc. c/o Neil Mutch, Gen. Mer. Inc. c/o Robert J. Richard, Sr., its 2208 60th Drive E. c/o David Hillyer, its Reg. R.A. Bradenton, FL 34203 Agent 4846 SW Hull Ave. 2731 Soprano Lane Ft. Ogden, FL 34267 North Port, FL 34286 Builders Service Group, Inc. | Caldwell Land Surveying, Inc. c/o CT Corporation System c/o Bruce C. Caldwell, 1200 S. Pine Island Road its Reg. Agent Plantation, FL 33324 909 S. Tamiami Trail Nokomis, FL 34275 STEPHEN M. TEPLIN, ESQ. STP:802553:1 Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 4 of 7IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, STATE OF FLORIDA CIVIL DIVISION COAST BANK OF FLORIDA, a Florida bank, Plaintiff, VS. . Case No. 2007 CA 06185 NC LAWRENCE T. PETERSON, JR., an individual, COASTAL FLOORS, INC. a Florida corporation, a/k/a TOM BUCCI for COASTAL FLOORS, SUNBELT ELECTRIC, INC., a Florida corporation, JND PROPERTY MANAGEMENT, INC., a Florida corporation, COX LUMBER CO., a Florida corporation, d/b/a HD SUPPLY LUMBER & BUILDING MATERIALS a/k/a HD SUPPLY LB.M., NITRO TRUCKING, INC., a Florida corporation, ROBERT GRUENNERT, an individual, BUILDER SERVICES GROUP, INC., a Florida corporation, f/k/a MASCO CONTRACTOR SERVICES CENTRAL, INC. d/b/a JANSEN & SONS INSULATION, JOSEPH MAURER PAINTING CORPORATION, a Florida corporation, SMITH & SONS INSULATION, INC., a Florida corporation, and CALDWELL LAND SURVEYING, INC., a Florida corporation, Defendants. / AFFIDAVIT IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY AND/OR DEFAULT JUDGMENT REGARDING COUNT If FOR FORECLOSURE OF REAL PROPERTY AND AWARD OF ATTORNEY’S FEES AND COSTS STATE OF FLORIDA COUNTY OF MANATEE BEFORE ME the undersigned authority, personally appeared, PAUL NIDASIO, who, after being first duly sworn, says: 1. Affiant is over 18 years of age, has personal knowledge of the matters set forth herein, is an Executive Vice President of Coast Bank of Florida (“COAST BANK”), and is the custodian of the payment records which records reflect contemporaneous entries made at the time of occurrence, has personal knowledge of the facts recited herein and in the pleadings fled on behalf of COAST BANK in this action, and is authorized to give this Affidavit. STP:802558:4 Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 5 of 72. On or about June 7, 2005, Defendant LAWRENCE T. PETERSON, JR. (‘PETERSON’) executed and delivered to Plaintiff, COAST BANK, an Adjustable Rate Note in the face amount of $196,200.00 (the “Note”). A true and correct copy of that Note is attached to the Complaint and incorporated therein by reference as Exhibit “A”. 3. As security for the Note, Defendant PETERSON executed and delivered to Plaintiff, COAST BANK, that certain Mortgage dated June 7, 2005, and recorded on June 10, 2005, among the Official Records of Sarasota County, Florida, as Instrument #2005126467 (the “Mortgage”), encumbering the property more particularly described therein (the “Property”). A true and correct copy of that Mortgage is attached to the Complaint and incorporated therein by reference as Exhibit “B”, 4. Plaintiff, COAST BANK, is the owner and holder of the Note and Mortgage (collectively referred to herein as the “Loan Documents”). 5. Defendant PETERSON has defaulted under the terms of the Note by failing and refusing to make the monthly installment payment due on March 1, 2007, plus late fees, and all monthly installment payments coming due thereafter. 6. Defendant PETERSON further defaulted under the terms of the Mortgage for failing to pay the taxes due on the Property for the 2006 tax year. 7. On March 30, 2007, Plaintiff COAST BANK, made demand for payment of the outstanding payments owed, including past due interest, late charges, accrued interest and any other fees owed under the Note and Mortgage. A true and correct copy of that demand letter is attached to the Complaint and incorporated therein by reference as Exhibit “C”. 8. Notwithstanding the foregoing written notice, Defendant PETERSON has defaulted under the terms of the Loan Documents by failing to make the monthly installment payment due on March 1, 2007, and all monthly installment payments coming due thereafter. STP:802558:1 bh Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 6 of 79. The outstanding principal balance of $189,291.23, plus all accrued but unpaid interest, late charges, Court costs and attorney’s fees are currently due to the Plaintiff, COAST BANK, by Defendant PETERSON. 10. To date, Defendant PETERSON has failed to pay the Plaintiff, COAST BANK, the outstanding principal balance, plus all accrued interest and late charges, due under the Loan Documents. 11. As of the date of this Affidavit, Defendant PETERSON owes COAST BANK under the terms of the Note the following sums: (a) Remaining principal balance: $ 189,291.23 (b) Accrued but unpaid interest through 1 Lee /07 § (4,/78 78 Per Diem amount $7 7 2% 47. 3.2 (c) Late charges: (d) Other: Yragersncs TOTAL G07, AEF 12. In addition, pursuant to the Loan Documents, Defendant PETERSON is also obligated to pay the Plaintiff, COAST BANK, the Court costs and attorney’s fees that COAST BANK has incurred i this matter. 13. The interest of the Plaintiff's Mortgage in the real property is superior to that of any other Defendant to this cause. FURTHER AFFIANT SAITH NAUGHT. STATE OF FLORIDA COUNTY OF MANATEE Sworn to and subscribed before me by PAUL NIDASIO, who is personally known to me_or has produced as identification , on this .2eAday of November, 2007. oS oe 3 ’ AX A L f ie a A , ed ~ ree Ci o> a é : oe yee ST aeeeerecnne ey NOTARY PUBLIC / : ao My C sei iSsi IONE DDE 542487 Printed Name: if : Ah KS z sist c¥PIBES: Feoruary 19, 2010 aa: Ss in 8 TERE Bonded Thru Notary Public Underwriters g PS more My commission expires: STP-802558'1 Lod Filed for Record 01/03/2008 02:25 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 006185 NC Dkt-71656255 Page 7 of 7