Document for Branch Banking and Trust Company Plaintiff vs Vega, Jose L et al Defendant

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                                1/31/2011 9:38 AM Filed Lee County Clerk of Court

IN THE CIRCUIT CIVIL COURT OF THE TWENTIETH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR LEE COUNTY

CIVIL DIVISION
BRANCH BANKING AND TRUST COMPANY
Plaintiff,
vs. Case No.
11-CA-050322
JOSE L. VEGA AND UNKNOWN TENANTS/OWNERS, Division Judge: Fuller, Joseph C
Defendants. }

VERIFIED MORTGAGE FORECLOSURE COMPLAINT

Plaintiff, BRANCH BANKING AND TRUST COMPANY, by and through its undersigned attorneys, sues Defendants, JOSE

L. VEGA, , and UNKNOWN TENANTS/OWNERS, and states:
GENERAL ALLEGATIONS

1 As of the date of the execution of this complaint, BRANCH BANKING AND TRUST COMPANY, is the holder of the
Note and Mortgage which are the subject of this suit.

2. Defendant(s), JOSE L. VEGA, is/are the record owner(s) of the property sought to be foreclosed by the Plaintiff, and
hold title to the property subject to the Mortgage described herein.

3. Defendants, , and UNKNOWN TENANTS/OWNERS, are persons and/or entities who have or may claim some right,
title, interest, or lien in, to, or upon the Property described below.

4. On July 28, 2005, JOSE L. VEGA an unmarried person, executed and delivered a Note, and a Mortgage securing the
Note in favor of NFM, INC. dba NFM CONSULTANTS, INC.. The Mortgage was recorded on September 8, 2005 as instrument number
2005000014266, of the Public Records of Lee County, Florida. A copy of the Mortgage and Promissory Note is attached hereto. Said
Note and Mortgage were subsequently assigned and/or endorsed in favor of the Plaintiff.

5. Mortgagee shown on the Mortgage attached as an exhibit is the original Mortgagee. Plaintiff is now entitled to enforce
Mortgage and Mortgage Note pursuant to Florida Statutes 673.3011.

6. A default exists under the Note and Mortgage as a result of a lack of payment of the installment due July 1, 2010, and
all subsequent payments on the Note.

7. Plaintiff has, if required by the Note or Mortgage, demanded payment of the obligation reflected by the aforesaid Note
and Mortgage, but despite such demand, said default has not been cured.

8. Plaintiff hereby accelerates all principal and interest under the Note and Mortgage to be immediately due and payable.

9. Plaintiff is due the sum of ONE HUNDRED EIGHTY-NINE THOUSAND SEVEN HUNDRED NINE AND 82/100
Dollars ($189,709.82) in principal under the Note and Mortgage, plus interest from June 1, 2010, title search expenses for ascertaining

necessary parties to this action, unpaid taxes, insurance premiums, accumulated late charges, and inspection fees.10. As a result of the default under the Note and Mortgage, it has become necessary for the Plaintiff to employ the
undersigned attorneys to prosecute this action, and Plaintiff has agreed to pay such attorneys a reasonable fee for their services. Under the
terms and provisions of the Note and Mortgage, Plaintiff is entitled to recover its reasonable attorney's fees in bringing this action. Plaintiff
alleges that a reasonable attomey’s fee in this matter would be $1,200.00 and will seek an award of such amount in the event that a default
judgment is entered against the Defendant. In the event that this matter is contested, Plaintiff intends to seek additional attorney's fees based
upon the hours spent, services rendered and other reasonable factors.

1. Defendant(s), JOSE L. VEGA, and/or UNKNOWN TENANTS/OWNERS, now own, possess, or have the right to
possess the Property.

12. Defendant(s), UNKNOWN TENANTS/OWNERS, may claim some interest in the subject property by virtue of their
possession of the property.

COUNT I
MORTGAGE FORECLOSURE

13. Plaintiff realleges and incorporates Paragraphs 1 through 12 of this Complaint.
14. This is an action to foreclose the first Mortgage on real property (the "Property") in Lee County, Florida, having a legal
description as follows:
LOT 12, BLOCK 52, UNIT 6, SECTION 29, TOWNSHIP 44 SOUTH, RANGE 26 EAST, LEHIGH
ACRES, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT, RECORDED IN PLAT BOOK 15, PAGE 80, PUBLIC
RECORDS OF LEE COUNTY, FLORIDA.

with a street address of 4902 5TH ST W, LEHIGH ACRES, FL 33971, herein referred to as "the Property.”

15. Under the terms of the Mortgage and in accordance with Florida law, Plaintiff is entitled to foreclosure of its Mortgage
upon default in payment.
16. All conditions precedent to the enforcement of Plaintiff's right to foreclosure herein and the maintenance of this action

have been performed, have occurred, or have been waived.

WHEREFORE, Plaintiff requests that this honorable Court:

(a) Take jurisdiction of the parties hereto and of the subject matter hereof;

(b) Order that the lien of Plaintiff's Mortgage is a valid first lien on the Property described and is superior to any lien of
record ;

(c) Order foreclosure of the Mortgage, and that all Defendants named herein, their estates, and all persons claiming under
or against them since the filing of the Notice of Lis Pendens, be foreclosed;

(d) Determine the amount due Plaintiff under the Note and Mortgage sued upon herein;(e) Order that if said sum due Plaintiff is not paid in full within the time set by this Court, the Property be sold by Order of
this Court to satisfy Plaintiff's claims;

(f) Order that if the proceeds from such court ordered sale are insufficient to pay Plaintiff's claim, then a deficiency judgment
be entered for the remaining sum against all Defendants who have assumed personal liability for same and who have not received a
discharge in bankruptcy;

(g) Order delivery and possession of the real property to the Purchaser, who shall be responsible for condominium or
homeowner association assessments and other charges in accordance with §§718.116 and 720.3085, Florida Statutes (2007),
respectively.and upon proof of the demand or refusal of any Defendant to vacate and surrender such possession, and the clerk be directed
to issue a writ of possession without further order of this Court;

(h) Retain jurisdiction of this cause and the parties hereto to determine Plaintiff's entitlement to a deficiency judgment and
the amount thereof: and

(i) Grant such other and further relief as appears just and equitable under the circumstances.

NOTICE UNDER FAIR DEBT COLLECTION PRACTICES ACT
Pursuant to Title 15 United States Code Section 1692g(d), a communication in the form of a formal pleading in a civil action shall

not be treated as an initial communication for purposes of subsection (a) of this section.

DATED: December-7,2010.

Yee Se

CrElizabeth M. Ferrell/Florida Bar #052092

0 Clay A. Holtsinger/Florida Bar #294330

O Christopher C. Lindhardt/Florida Bar #0028046

O Zachary A. Liszt/Florida Bar #041367

O Nicole M. Mariani/Florida Bar #069883

O Richard S. Mclver/Florida Bar #559120

O Laura E. Noyes/Florida Bar #065454

0 Edward B. Pritchard/Florida Bar #712876

O Melissa R. Rinaldi/Florida Bar #050252
—s=Grace S. Santos/Florida Bar #029518

O Ashley L. Simon/Florida Bar #064472

O Joan Wadler/Florida Bar #894737

Kass, Shuler, Solomon, Spector,

Foyle & Singer, P.A., Attorneys for Plaintiff

P.O. Box 800, 1505 N. Florida Ave.

Tampa, FL 33601

(813) 229-0900

327637/1029380/jsmAfter Recording Retum To:
Tit iccar era soe gg E.LT.G,
AALTIMORE, 921 E. Fort Avenue.
Suite 215
Baltimore, Maryland 21230
OF:

MORTGAG!]
oe

‘Words used tn moltiple sbcilons of thls document are defined below and other words aze defined in Sections 3,
11 19,18 eat 2. Conain rales regarding the wage of words used in this document are alao provided in
Section 16,

(A) "Security Instrument" means this document, which is dated July  28th,. 2005 » together
‘with all Rideza w this document.
"Borrower" is JOBE L. VEGA AN UNMARRIED PERSON: WHOSE ADDRESS IS
4902 ‘STH STREET W, LEHIGH ACRES,: PL 33971

« Borrowar is dhe mortgagor under this Secucky Instrument,
{C) "MERE" Sa Mortgage Hectroaic Registration Systems, Inc. MERS is 4 separate vorporation that is acting
‘solely a8 a nomince for Lender and Lender's successors and assigns. MERS Is the mortgages madier this.

‘Security Inetrament. MERS is orguiized soil exiting under the laws of Delawaro, ‘nid bas sn address 0d

then mr of oe, FN 0, (888) 679-MERS.
D) “Lender is MM, 300, DBA WPM COMBULTANTS, INC.

Lender 1s a CORPORATION organised and existing
‘under the laws of THR STATE OF MARYLAND + Lender's address is
1111 Lier STREET SUIT #100, BALTIMORE, MARYLAND 21230 :
"Note" means tho promiasary note signed by Borrower and dats DUAY 2uth, 2005 . The
[Note states that Borrower owes Lender Two Mundred Thres Thousand and op/100- - = - - -
Note sincs at Borer owes Leer We ene (US $205, 000-00 ) plas interest. Borsower -
“ax promlan to pay this debt mgnar Pestodle Payments me pay the debt i ll ot Iter then
September - ist, -2 :
(P) *Property” mesa the property that is described below under the heading "Transfer of Rights im the

‘Property.’

(© "Loan means the debt evidenced by the Note, plus intrest, any prepayment charges and late charges due
‘under the Note, and all sume dus under this Security Instramet, plus interest.

(A) "Ridors™ means all Riders to this Security Instroment that are executed by Borrower. Tho following Riders
‘ae to be executed by Bartower [chieck box as applicable):

OO: Adjustable Rate Hider (C - Condominium Rider D Second Home Rider
Balloon Rider O Plamed Unit Development Rider 1 Other) [apecity}
© 1-4 Pamily Rider Biweekly Payment Hider

“Applicable Law" means all controlting applicable foderal, atetc and local statutes, regulations, ondinances,
fav Fi ed xs (at hv elo earl ol spina n,m

i aman Duct, Tes snd Amon etn de, fs, cme nd
agen tna foponed om Dorner os fe Proper by a snd moocaion, homcowess, homeowners association
ox similar
(RH) "Brectronke Fancs Transfer" means any tranafet of finds, other than 4 transaction originated by check,
‘Graft, co slmollar paper instrument, which ia initiated through an electronic terminal, telephonic instrament,
‘comipinier, or magnetic tape bo ax to ander, instroct, or authorize « financial instituelon to debit or credit an

CV

‘FLORIDA-~Single Posltj~Paruts Mas/Predite Mac UNIFORM INSTRUMENT. Bom 3010 1/01, (page. af 10 pages)
onze ‘wr MantgngaBanking ystems, commtranesctinms, transfers initiated-by telephone, wire tansfers, snd automated clearinghouse transfers.
CL) “Recrow Jsenes” imeana those hems that are described in Section 3.

(8) "Mortgage lnsarance® means lnwurmace protecting Lendor againa tho nanpayineat of, ot dofmlt ow, the

‘Loan.

(O) "Pertodic Payment" means the regularly scheduled amomnt due for (1) principal and interest under the
‘Note, pias (i) amy amounts under Section 3 of this Security Enatminent.

) "RESPA” means the Real Estate Scitlement Procedures Act (12 U-S.C: § 2601 ot seq.) and its
Jeoplementing regulation, Reguistion X (24 C.F.R. Part 3500), as tbey might be amended from time to the, or
‘azy additional or successor legistation of reguiation that governs the same subject matter. As used in this
Sccurily Instrument, “RESPA” refers to aff requirements and restrictions Guat are imposed ia rogard to &
“federally reloted wiortgaye losin” even if the Loai docs not qualify as'a “federally related mortgage Joan” under
RESPA.

(© "Sucrewor In Interest of Borrower’ meazs wy party chat hs aen se w the Propery, whether or mot
hat party has assumed Borrower's obligations wader the Note and/or this Security Instrument.

‘TRANSFER OP RIGHTS IN THE PROPERTY

‘This Security Insetutnést scares wo Lendes:” () the repaymicnt of the Lorn, and all renewals, extensions znd

modifications of the Note; and (1i) the performance of Borrower's covenants and agreements under this Security

‘Youtrament and the Note. For this purpose, Borrower does hereby nioctgage, grant and convey to MERS (solely

a acres for Lender and Lender's suessor ad sigs) and oth rococeror and amiga of MERS, te

following described property located in tho . County. __ of. a
Tlype of Recording Juriadiction} ume o toca atin

SEE ATTACHED LEGAL DESCRIPTION HERETO AND MADE A PART HEREOF,

‘which carrenily has the address of 4902 53H STREET WAST, ‘taErtGn |ACREB .
fe)
Florida. 39971 (Propesty Address”):
Dip Code)

‘TOGETHER WITH all the Improvements now or hereafter erected om the property, and all carements,
appurtenances, and fixtures now or hereafter a part of the property: All replacements and acktitioas shalt also
bbe covesed by this Seourity Instrument. All of the foregoing is referted to in this Security Instrument as the.

” Boerower understands and agrees that MERS bnids onty legal title to the interests granted by
Bore ia ths Sealy rama, bet ifrcceamty to comply watt nw or casoen, MEMS (ar anmince for
‘Leniier und Lendzc’s successors and assigns) has the tight: to exercise ang or al) of those interests, including,
‘but not Hmited 10, the right to foreclose and sell the Property; and to take any action required of Lender
{facloding, but not limited to, mfeasing and canceling this Security Intrament.

BORROWER COVENANTS tint Borrower is lawfully seieed of the estate hereby conveyed sd has the’
‘ght fo mortage, East ‘grant and-convey the Property and that the Property is unencumbered, except for
encumbrances of ‘ecard, Borrower wacrmas end wil defend generally the let the Property aint al
claims and deounds, subject to may encamibeances of

THIS SECURITY INSTRUMENT combines uniform covenants for national use end non-uniform covensnta
its Medal othe in ouitin ic cedes a udthon noel eet conch al mopetye

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

1. Payment of Princigal, Teterest, Escrow Items, Preoupmest Charges, amd Late Charges. Borrower
‘shall pay whea due the principal of, and interest on, the debt evideaced by the Note aod any prepayment
. vise: 0b V.

‘FLORIDA-Single Fanly-Prsia Mos/Preiila Maa UNIFORM INSTRUMENT Farm 2010 101 forge 2 of 0 mae)

FLQOG - 1257001 werw MortgageBanking Systeme. comcharges and Inte charges das under the Now. Borrower shall alec pay funds for Bacrow licme pursuant to
‘Section 3. Payments due under the Note and this Security Instrument shall be made in U-S. currescy.
However, if any check or other instrament received by Lendet as ptymnent wader the Note or itis Security
Instrument is returned to Lender unpaid, Lender may require that any or ell subsequent payments due under the
Note and this Security instrament be made in onc or more of the following forms, us aclocted by Lender: (a)
aah} (b) masey onter; (¢) céstified check, bank check, treasmret’s chock ot caibier’s check, provided any such
check is drawn upon am institution whose deposits are insured by a federal sgeacy, instrumentality, or entity; or
+ (@) Blccroaic: Ponds Transfer,

‘Payment are’ decmicd received by: Leader when-reccived m the location dasignated in the Note or at auch
other tocation as may be designated hy Lender in accordance with the notice provisioas in Section 15: Lender
may return any payrocot or partial payment if the payment or partial payments art insufficiont wo bring the Loan
canent. Lender say accept any paynieat of partial payment insufficient to being the Loan current, without
‘waiver of any rights hereunder or prejudice to its rights to refuse such payment ox partial paymeois in the
fnture, bet Lender is not obligated to apply such payments at the time rach payments are accepted. IW cach
Periodic Payment is applied as of its scheduled due’ date, then Lender need not pay inserest on unapplied funds:
‘Lendet may hold such wnapolied fands nell Borrower makes payment to bring the Loen carrest. if Borrower
does not do 0 within a reasonable. period of time, Lender shall elther apply such funds or return them t0.
Borower. If not applied cartier, such funds will be applied to the outstanding principal balatice umder the Note
immediately prior to foreclosure. No offset ar claim which Borrower might have now or in the fotore against
Lendex shall relieve Batrower from making payments due under the Noic and this Security Instrument o¢

2. Application af Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted sod applied by Leake shall be applied in the following order of pelociky: (4) Ineerést due toner the
‘Note; (6) primcipal due under the Note; (c) amounts due under Section 3. “Such payments shall be spplicd to
each Periodic Payment in the order io which it became duc. -Any remaining amounts shall be applied first
Inte charges, second t6 any other ainounts dise'uinter this Security Instrument, and then to yeduce the principal
‘balance of the Now.

If Lender receives 4 payment from Borrower for a delinquemt Periodic Payment which inctudes a sufficiem,
‘amount 00 pay aay lant Change ue, the paymene may be applied to the delinquent payment and the Iaie charge.
‘Tf more than one Periodic Payment i outstasding, Lender may apply any payment received from Borrower 10
‘the repayment of the Periodic Payments if, and to the extent that, cach payment can be. paid in full, To the.
‘extent that amy excess exists after the payment is applird to che full payment of one or sore Periodic Payments,
“such excess may be applied to any Late charges tue.” Velunuury prepayments shall be applied firs to- amy

‘Note shall not extend or postpone the due date, o change tha amouw, of the Periodic Payments.

3. Fads for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are doc under
‘the Note, until the Note fe paid ln full, « sum (the “Punds”) to provide for paymene of amounts due for: (a)
taxes sad seseaaments and o¢her items which can attain priority over thie Security Instrument as 2 lien oF
‘eteamsbrance un the Property; (b) leasehold paymeats or ground rears on the Property, 3f any; (c) preinians for
any and all ingurance required by Leader under Section 5; and (d) Mongage Insurance preminms, if any, or any
‘sums payable by Borrower to Lender in Heo of the payment of Mortgage Insoreace premiums in accordance
‘with the provisiois of Section 10. ‘These items are called "Escrow Items." ‘At origination or at any time driting
the serm of the Loan, Lender may requize chat Community Association Dues, Pees, and Asseasments, if any, be
escrowed by Borrower, and guch docs, fces and aggesaments ahall be an Escrow Item. Borrower stall prompoy
furnish to Leader all notices of amounts to be paid untex this Sectiom. Borrower aball pay Lesider the Puods for
‘Bacrow Items unless Lender waives Borrower's obligation jo pay the Funds far any or all Escrow seme.
‘Lender may waive Borrower's obtigation to pay 0 Lender Punds for aay or all Bacrow item at any time, Any.
och waiver may cnly be in writing. In the evens of such waiver, Borrower shall pay’ directly, whea! and where
payable, the amownes duo for my Hacrow Items for which payment of Ponds has been waived by Lender aod, if
Lender requires, chall furnish to Lender receipts evidencing such payment within ench tine period as Lender
‘May require. Bosrower’s obligation to make sock payments and tn provide receipts whall for all purposes be
deemed (o be « covenant asd agrecmen: conttived in this Security Inserument, af Uae phrase “covenant and.
Agreement" is uscd in Section 9. If Borrower is oblgated to pay Hacrow itera directly, potshatt to & waiver,
and Borrower fails to pay the amount due for an Bscrow Item, Lender may exercise its sights under Section 9
‘sad pay zach amount and Porrower shall then be obligated under Section 9 to repay to Lender any such amount.
‘Lender may revoke the walver as to any or all Escrow Items at any time by a notice gives in accordance with
Section 15 and, wpa such revocation, Borrower shall pay to Lender all Ponds, and in such amounts, that are
then required imnder this Section 3.

‘Lender may, at any time, collect and hold Ponds in mn amount (a) sufficient to permit Lender to apply the
Funds at the thne specifics under RESPA, and (b) not-10 exceed the maxinmmn amouat a leader can
‘under RESPA. ‘Lender shall cetisamte the amount of Pondé dee on the basis of current data and reasonable
cotimates of expenditares of future Escrow Iteans ot otherwise in accordance with Applicable Law.

tds: OLY
FLORIDA-Siagle Parnity—Funae Mae/Freskiis Muc UNIFORM INSTRUMENT ‘Foem 218 11 “age 3 af 10 pogesy
FLOM - 61252001 ‘wane MarigngeBankingSyetems.comSCHEDULE A

(Continued)

Commitment No.: 05-5864 File No.: 05-5864

LEGAL DESCRIPTION. -

Lot 12, Block. 52, Unit 6, Section 29, Township 44 South, Range. 26 East,
Lehigh ‘Acres, according to the map or plat:thereof on file in the office of
the Clerk of the Circult Court, recorded in Plat Book 15, Page 80, Public
Records, Lee County, Florida. :

“FOR INFORMATIONAL PURPOSES ONLY* :
The improvements thereon being known as No. 4902: 5th: Street W,
Lehigh Acres, FL 33971.

Being the same property, which by General Warranty Deed dated
10/31/2002: and: recorded 14/06/2002 in Book 03769, Page 3412,
Instrument No. 5617986, was granted and conveyed: by Madussa,
LLC, a Florida Limited Liability Company unto Jose L. Vega.

PARCEL 1D NO: 29-44-26-06-00052-0120

STEWART TITLE

GUARANTY COMPANY‘he Pee vine etn tty 1

‘entity Gincloding Lender, if Leoder is an insiltution whose deposits are s0 insured) of in any Federal Home Loam
‘Bank. Lender shall apply the Punda to pay the Eacrow Items no later chen the time specified undet RESPA.
‘Lender shail aot charge Borrower for holding and applying the Funds, anally aualyzing the egcrow sccomm,
‘or-verifying the Becrow Items; unless Leader pays-Borrower interest on the Punds and Applicable Law pocmits
‘Lender to roake puch'a charge. Unless an agreement is made in wrlting ar Applicable Law requifes interest to
tbe paid on the Funds, Lender shall not be required to pay Botrower any interest ox earnings on the Punds.
Barrower and Lender can agree in writing, however, that interest shall be paid om the Pomds.- Lender shall give
to Borniwet, withoat charge, snl xininall accounting of the Punids as required by RESPA.

If there is a surplus of Punds held in escrow, as defined under RESPA; Lonsior shall account to Burower
for the excess fands in accordance with RESPA. If there is a shortage of Puods held in eacrow, as defined
under RESPA, Lender shall notify Borrower aa required by BESPA, gad Borrower shall pay to Lender the
amount nececeary to mabe up the shomage in accondience with RESPA, bot in m0 more then 12 monthly
Paymenr. If there is a deficiency of Punis held in escrow, 38 defined under RESPA, Lender: shall notify
Botrower ad required by RESPA, wid Borrower shalt pay to Lender chs aniount necessary 00 make up the
ldcficlency in accontance with RESPA, but in-no more than 12 monthly payments.

‘Upon payment in fall of ail sume secured by this Socarity instrumeni, Lender shail prompily refand to
Borrower any Funds held by Lender.

4. Charges; Liens. Borrower shall pay afl taxes, assessipens, charges, fines, and imposicions atrribumable
to the Property which can attain pridity over Gtis Security Instromeat, leasthold payments or grosnd reais om
the Property, if any, and Community Association Dees, Pees, and Assessments, if any. ‘To the extent dust these
‘emg are Escrow Linas, Borrower shall pay then in the manner provided in Section 3.

Bariowér shall jarompdly diachiantge any Tien which bas piiceity over thé Security Instrament unless
Borrower: (a) agrees in writing to the payment of the obligasion secured by the Hen in 2 manner acceptable to

‘Yestroment. ‘If Leader dewtiiines that any pait of the Property is subject to a licn which can attain priority over
‘his Security instrament, Leader may give Borrower a notice identifying the Hien. Within 10 days of the date-on
Tar ts occ ie gin, Bosromer Ht sity oem on OBE Or oes of a aeons Seve 8
‘Section 4,
Lender ny require Borower to pay a one-time charge for a zea] estate tax verification and/or reporting
‘service used by Lendes in connection with ¢ris Lom.
S. Property Insurasce. Borrower shall keep the improvements now existing ox hereafter erected on the
Property inured against loss by fire, harands incioded within tbe term “extended coverage,” and any other
hazards incloding, bat not limited to, carthqunies and fivods, for which Leader requires ingirance. This

Federal Emergency Managemest Agency in comection with the review of any flood sone
‘Tesahing from an objection by Boxtowes.

‘Af Borrower fails to mainizin amy of the coverages described above, Lemicr may obtain insarance coverage,
‘at Lender's option and Borrower's txptsise, “Lendes is under no obligation to purchase ‘any particalar type or
amount of coverage.” Therefore, such coverage aball cover Lender, bat might or might mot protect Borawer,
Borrower's equity in the Property, of the coments of the Property, against any risk, hazard or iizbility and
‘might provide greater or lesscr coverage than was previously in effect. Borrower acknowledges that the cost of
‘the insurance coverage so obtained might significantly exceed the com of ingucence that Borrower could heve
obertied.’ Any afuounts fisbursed by Lender under this Sectian 5 chal: become additional debt of Borrower
secured ‘hy this Security Instrument. These amounts shall bear interest at the Note rate from the date of
Gisturgement and shall be paysble, with such inserest, upon notice from Lender ¢0 Borrower requesting

Payment.
‘All insurance policies required by Lender and renewals of sach policies shall be aubject to Lender's right to
disapprove much polities, shall inch 4 itanciard mortgage Clause, and stall namie Lender as mortgagee and/oc
‘a8 an additional loss payce, Lender shall have the right to hold the policies and renewal certificates. If Leader
‘requires, Borrower shall promptly give to Lender all receipts of paid preminms and renewal notices. If ”
‘Bortower obtales any form of insurance coverage, not otherwise required by Loader, for daage 0, ot

‘FLORIDA, Single Puntty-Pamule Maa/Frediie Mec UNIFORM INSTRUMENT + Form 8010 441" Qugs 4 ef 10 parm)
Wie Mertgng Benkinginebae comsearne oe Proyrty ech ply sal indole siti mgs cine: Se

mortgagee and/ar as an additional foes payeo.

Priced shall be applied in the order provided for in Section 2.

If Borrower sbamdons the Property, Leader may file, negotiate and settle any available insurance claim and
related muiters. If Borsower does not reapond within 30 days to a notice from Lender that the ineurance canriet
Ihas uffesed fo setile a‘claim, then Lender may negotiate and sete the claim. ‘The 30-day poriod will begin
‘when the notice is givex.- In either eveat, or if Lender acquires the Property undet Section 22 or otherwise,
‘Borrower hereby assigns to Lender (a) Borrower's rights to any Insursoce proceeds in ian ssgount not to exceed
the amounts apeld under the Note or this Security Fnstrament, and (b) any other of Borrower's rights (other:
than the right to any refund of uncanted premiums paid by Borrower) under all insurance policies covering the
Property, ingotar as.such rights are spplicable to the coverage of the Property. Lander omy usc the insurance
(proceeds either to pair or restore the Property or wo pay amovate unpaid wader the Not or this Socarity
Tnstrument, whether or not then due.

é y. “Borvowes shall occupy, cotsblish, and ise the Propesty as Boroower's principal residence
‘within 60 days after the execution of this Sevarity Instrument and shall continue to occupy the Property 25
‘Borrower's peiacipal residence for ot least one year aftor the date of occupancy, unless Leader otherwise agrees
in waiting, which comsea shall not be waxcatonably withheld, or unless extenuating circumstances extat which

relisved of Borrower's obligation for the completion of such repair or restoration.

‘Lender of 15 agent may make reasonable entries upon and inspections of the Property. if ithas reasonable
‘singe, Lender may ingpect the intedior of the Improvements on the Propesty. Lender shall give Borsower notice
at the ime of ar prior to such am interior inspection specifying such reasonable cause.

false,
‘Provide Lender with matcrisl informatioa) in connection with the Loan. Material representations include, but.
‘ame not Jisnlted 0, ropeesentacions comicemning Barrower's occupancy of the Property as Borrower's principal
residence,

9. Protection of Lender's Interest in the Property sad Rights Under this Secartty Instrument. If (4)
‘Borrower fails to perform che covenants and agreements’ contained in this Security Instrument, (b) there is a
legal proceeding chat might significantly affect Lender's interest in the Property and/or rights under this Security
Tnstrement (och ‘mi x proceeding in bankruptcy, probate, for condemnation or forfeitere, for enforcement of a
en which may attain priority over this Security instrament or to enforce laws or regulations), or (c) Borrower
bas shandoned the Property, then Lender may do and pay for whatever is reasonable or appeoptiate to protect
‘Lender's intetest in the Property and tights under this Security Instrument, inclading provecting and/or arseasing
the value of the Property, and securing and/or repairing the Property. Lander’s actions cam include, bat ae not
Enaiied to: (a) paying any sums sccured by.a licn which has priority over this Security Inerament; (b)
‘appearing in court; and (¢) paying reasonabio attorneys’ fees w protect its interest in the Property and/or sights
‘under this Security Instrument; Incinding its secuted position in a bankrupicy proceeding, - Securing, the Property

Toikials: 7 C
‘FLORTDA-Siagie Farity-Fanctle Mae/Fradiie Mec UNIFORM INSTRUMENT Ferm 3010 LAL (page 5S af 10 pages)
FLCAMS + 01233001 : ‘warw Mortengsenking?yeteant com,inclodes, bot Is not Iimited to, catering the Property to snake repeirs, ‘change locks, replaca ar board up doors
and-windlaws, drain water from pipes, eliminate building or other code violations or dangerous conditions, and
have utilities imrsied on or off. Although Lender may take action under this Section 9, Lender does not have to
do so and is not under any duty or obligation to do so: It is agreed thet Leader incurs no lishility for mot taking
‘any or all: actions suthorised under this Section 9.

‘Any amounts disbursed by Lender under this Section 9 stiall become additional debt of Borrower secured by
this Security Instrument. These ‘amounts shall bear interest at the Note rate from the date of disbersement and
shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.

Tf this Security Instronacat is on a Icaschold, Borrowcz shall comply with all the provielons of the lease. If
Borrower acquires fee tile to the Property, the Icuschold and the fre titts shall not merge anless Lender agrees
to the merger in writing.

10. "Mortgage Insurance, If Lender roqeired Mortgage Insurance as a condition of making the Loan,
Borower dhel! pay the premiums required to maintain the Mortgage Inserance in effect. If, for any ressom, the
‘Moztgage Insurance coverage required by Lendez ceases 10 be available from the sscrigage insorcz that
Brevioudly provided sach insurance end Bosrower was requived to make exparaiely designated payments ward
‘the premiums for Mortgage Insurance, Borrower shall pay the prensinas required to obtain coverage
substantially equivaient to the Mortgage insurance previously in effect, at a cost substantially equivalent to the
coat to Borrower uf the Mortgage Issurance previously in effect, from an altersute mortgage insurer selected by
Lender. If substantiaBly equivalent Mortgage Inearance covernge is not available, Borrower shall cantinns to
Bay io Leader the amount of the stparately designated payments that were dor when the insurance coverage
ceased t0 be in effect: Leader will accept, use and retain these payments a8 a nowrefendable loss resarve in’
‘Hea of Mortgage Insurance. Such tose reserve shall be non-refundable, notwithstanding the fact that the Loan is
‘Witiniately paid in Full, and Lender: shall not bo required to pay Borrower ariy intexést dr cartings on euch loss
‘reserve. Lender can 00 longer require loss reserve payments if Mortgage Ineurance coverage (in the amount
‘and for the perind that Lender requires) provided by an insurer eelocted by Lender again becomes available, is.
obtained, and Lender requires seperétcly dosignaied payments toward the premiums for Morteege Inserance. “IF
‘Lender required Mortage Insurance as 2 conditinn of making the Loan and Borrower was required to make

ccignated payments toward the premiums for Morgage insurance, ‘Bartower shall pay the premiums

Scetion 10 affects Borrower's obligation to pay taterest wt the zate provided in the Note.

‘Morgage Insarance relmbursea Lender {or any entity that purchases the Note} far certain losacs it may
focur if Borrower doc’ not repay the Loan as agreed. Borrower ig moi a party to the Mortgage Insurance.

‘Mostgage insurers evaluate their total risk on all such insurance fa force fom time to timo, snd may enter
into agreements with other partes that share or modify thelr sik, or reduce Jomes.. These agrecments are an
terms and condians that are satisfactory 10 the mortgage insarer and tht other juirty (or pérties) 00 thaws:
‘agreements, “These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may incinde funds obtained from Mortgage Insurance
‘Prembin).

Asa resakt of these agreements, Lender, any parchaser of the Note; anothet Insurer, atty reiosurer, aay
‘other entity, ar aay affiliate of any af the foregoing, may receive (directly or indirectly) amounts that derive
from (¢ miight be chasactesined as) a portion of Borcower’s payments for Mottgage Ingarance, in exchange for
sharing or modifying the mortgage iosarec’s tisk, o reducing losses: {Uf such agreement provides that an.
affiliate of Lender takes. share of the insurer's risk in exchange for.s shure of the promimms paid to the
‘Insurer, the arrmgement is often termed “captive minkurance." Further:

(@ Any coch agreements wil sot affect the amounts that Borrower hax agreed to pay for Mortgage
‘Inwurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
‘owe for Mortgage Insurance, and they will sot extitle Borrower to mry refund.

(b) Any suck agreements will not affect the rights Borrower bas - if any - with reapect to the

Inmirasice wader the Hasseowsers Protection Act nf 1998 or any other knw. ‘These rights way
Inctude the right to receive certaia disclossres, to request and obtalo cancellation of the Mortgage

Tt the Property is damaged, ‘such Miscellaneous Proceeds shall be applied wo restoration or repair of the
Property, if the restoration or repair is economically feasible and Leader's security is mot lessened. During such
‘repair and restoration period, Lender shall have the right to hold such Miscellancows Proceeds until Leader kas
‘had am opparmaity to inspect such Propesty to ensare the work has been completed to Lender’s satisfaction, —
‘Provided that such inspection shalt be-undertakea promptly.- Lender may pay for the repairs and reetcration in a
‘Sitgle disbursement cr in A sedies of progress payments ua the work is COnipleted.  Usileas am xgrecment is nals
‘in writing or Applicable Law requizes interest to-be paid om such Miscellancous Proceeds, Lander shall not be

v
‘FLOMIDA Sige Parly—Fueade Man/Prodile Mae UNIFORM INSTRUMENT ‘Ferm M18 781: page 6 of 10 panes)
‘wine MertgagnDienkingSytimt comrequized to pay Borrower any intcreat or carnings on such Miscellsncous Proceeds. ‘If the restonstion or repair
ts not economically feasible or Lender's security would be loseened, the Miscellaneous Procesds shall be appliod
to ‘the suas secured by chia Security Instrument, whether or not thea due, with the excess, if any, paid to
Borrower: Soch Miscellaneous Proceeds shall be applied in the order provided for in Section 2,

{In the event of 2 total taking, destroction, ot loss in valu: of tha Property, the Miscellansoas Proceeds shall
‘be applled to the fuims secured by while Sotority Instmment, whether or not then duc, with the excess, if any,
paid to Borrower.

‘n the event of. partial taking, destruction, or.loss in value of the Property in which the fuir market valor
of tte Property iaunsdiscely before the partial taking, destruction, or lose in value i equal #0 or greater then the

@ te total amount of the munts secured immediately before the paral taking, destruction, or loss in value
toed by ) de is macs valu of he Property Someday tf the pata aking, dessin, o Joe in
valot.. Any balance shall be paid to Borrower.

1m the event of a paril tking, destrcton, or loss in vale of the Property in which ihe fair matet value
of the Property iremedLuely before the partial taking, destruction, or loss im vabse is lear them the amount af the
‘Sams sacuted Immedistely before the partial taking, destracticn, or los in value, unless Borrower and Lender
otherwise agree in writing, the Miscellaneous Proceeds shall be xpphied to the summa scared by this Seeatity
Tastracpent whither or riot the tains are then duc.

If the Property is zbandoned by Borrower, of if, after notice by Lender to Borrower that the Opposing
‘Party (as defined in the nezt sentence) offtes to auake an sward to settle a claim for damages, Borrower fails to
respoed to Lender within 30 days after the date ‘the nbtict is given, Lender is muthorined to collect ani apply the
. Miscellaneous Procesds either tn restoration or repair of the Property or to the sums secured by ‘this Security
Ingtrament, whether or not then due. “Opposing Party’ mesps the éhird panty that owes Borrower
‘Miscellaneous Proceods or the party againge whos Bartower hae a right of action in regard to Miscéliancous
Proceeds.

‘Borrower shall be in dstauit if aay actbon ar proceeding, whether civil or crimingJ, is began chat, kn
‘Lender's judgment, could result tn forfctrare of the Property or other metezial impairment of Lender's interest
cin the Property or rights uncer this Scoarity Instrument, Borfower can core such a defanlt and, if socclerwion
‘has occurred, reingtate as provided in Scction 19, by causing the actioa o procecding to be dismisacd with a
roling that, in Lemeier’s fodgrnent, precindes forfeiture of the Propesty or other matecial impairment of Lender’
‘interest ia the Property or rights under-this Secariy: Instrament. The proceeds of any award or claim for
‘damages that are atctitruinble o the impairment of Letider’s interest in the Property are hereby assigned and
‘shall be paid to Lender.

‘All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
‘the order provided for in Section 2.

12; Borrower Not Ruleasexs Forbearance By Lender Not « Waiver. Extension af the time for payment
‘or modification of amortization of the sums secared.by this Security Instrument granted by Loader. to Borrower.
‘or amy Sacceimor fn Interest of Borrower shall not operate to relcasc the ability of Borrower or any, Successors
in interest of Borrower.- Lender shall not be required to commence proceedings agsinst any Suocessnr in
Interest of Borrower or to refuse to extend time far pryment or othcrwise modify amortiration of the mms
‘secured by this Security Insmument by reason of any demand meds by the original Bosrower or any Successors
in Interest of Borrower. Any forbearance by Lender in exercising any right or remody inclading, without
imitation, Lender's acceplance of paymems from third pessons, entitles or Successors in Interest of Borrower.
‘oc in amounts Jess than the amount thea duc, shall not be » wriver of or preciode the cxcrcise of any right or

remedy,

13. Joint aud Several Linbiiity; Co-slgnens, Succtssord ted Assigns Bouad.. Borrower covenants and
‘agrecs Ghat Borrower's obligations and liability shall be joint and ecveral. However, amy Borrower who co-signs
this Socurity Instremont but docs not capcuic the Note-(a “co-signer”): - (a) is co-signing this Scomity Instrament
nly to miontgage, grenk and convey the! co-signet’s interest in the Property under tha icrme of this Security
tnstrument; (b) is not personally obligated w pay the sums secured by this Security Ingtrament; and (c) agrees
that Lender and any other Borrower can agree in extend, madity, forbear or mmke say sccommmodations with
‘tegard to the terns of this Security Instrument of the Note without the co-tignér’s consent.

‘Subject to the provisions of Section 18, any Successor in Interest af Borrower who assumes Borrower's
‘Obligations under. this Security Instrement in writing, und is sppeoved by Lends, shall obtain all of Botrower’s
‘fights and benefits under this Security Instroment. Borrower shall not be released from Borrower's obligations
‘tnd liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
‘agreements of this Security Instrnment shall bind (except as provided in Section 20) and benefit the successors
and eseigns of Lender,

14. Loam Charges. ‘Lender may charge Borrower feces for scrvices performed in connection with
‘Borrower's Gefunlt, foc the putpose of protecting Leader's interest in the Property and rights under this Security
Instrument, inchoding, but not limited to, attorneys" fees, property inspection and valuation fees: In regard to

Jabtils: TL
FLORIDA-Bingle Famliy—Femde Mae/Preddia Mae UNIFORM INSTRUMENT ‘Fesm 3010 U1 Gupe 7 of 10 pana)
FLOM? - 12800) wine Morigag*Bankingpstems comany other feos, the absence of express anthority in this Security Instrument 10 charge &
shall not be construed as a prohibition an the charging of such fee. Lender tay not charge foex that are
exprosaly peoblbited by’ this Security Instrament or by Applicable Law. .

If the Loen is subject to a law which sets maxiwnm loan charges, and that law ia finally intespreted so that
the intereat or other Iban charges collected or $0 be collocted im conbectian with the Loan exceed the peruaitied
nits, then: (a) aay such town charge shall be reduced by the amgunt necessary to redhuce the charge to the
‘permitted Himit; and (b) any sums already collected fram Borrower which excceded permitted Himits will be
refmaded to Bomower. Lender may choose to make this refind by redocing the principal owed wader the Note

smiling it by firat clans mail to Londer’s addincsa stated herein unless Leader bas designated another address by
notice to Borrower.’ Auty notice in counection with dhs Secutity Instrument shall not be deemed wo have been
given to Lender until actually received by Lender. If any notice required by dois Security Tnstument is also
required under Applicable Law, the Applicable Law requirement will satisfy the cotresponding requirement
“under dhis Secarity Lostrument. .

‘As used in (his Sccurity Inserumont: (a) words of the mmaculine gender thafl meat and include
‘comesponding neuter words or words of the feminine gender; (b) words in the singular shall mean snd include
the pinral and vice versa; and (c). the word “nay” gives sole discretion without my: obligation to ake any
actin.

17. Borrower's Copy.. Borrower shail be given one copy-of the Note and of this Security Instrament._

18. Transfer of the Property or a Beneficial Literest in Borrower. Ai used in this Section 18, "Inserést
‘othe Property” means any Jegal or beneficial intmest in the Property, including, bat not limited to, those
‘peneficial interests transferred in a bond for deed, contract far deed, installment sales contract or cecrow
‘agréeiment, the forens of which ia the transfer of tie by Borrower ae a future date 10 4 purchaser.

If all or any part of the Property or any Interest in che Property is sold or transiesred (or if Borrower i= not
‘a natural person and 2. beneficial interest ia Borrower is sold or teansierred) without Lender's peior wrinen
‘consent, Lender may require immediate payment in full oF all suas secured by this Security Instrument.
‘However, this option tall not be exercised by Lender if such exercise is prohibited by Applicable Law.

Vf Leader exercises this option, Lemier shall give Borrower notice of acceleration. “The notice shall provide
1a period of not Iees thax 30 days from fhe (tate the notice in given in accordance’ with ‘Section 15 within which
‘Borrower mst pay all uum scoured by this Security fastrument.. If Borrower fails 1o pay these same prior to
the expiration of this period, Lender may invoke any remedies permitted by this Security Lostrument without
+ further notice or demand on Borowct.

19, Borrower's Right to Reimstate After Accelerattoa. If Borrower mocts certain conditions, Borrower
ball have the right to bave enfomccment of this Security Instrument discontinued at any time prior to the earliest

‘Telnsmte; of (c) entry of a judgment enforcing this Security Instrumeat. ‘Those conditiom ave thet Borrower:
(@) pays Lender all some: which then would be due under this Secarity Instrument nd the Note as if m0
acceleration had occurred; () cures any deffult of any other covenants or agresments; (c) pays-all expenses

to assure that Lender's interest in the Property and rights ander this Sccutity Instrament, and Borrower's
obligation to pay the sums accared by this Security Instrument, shall continue unchanged. Lender may require

Iahias: JL
‘FLOKIDA~Stagle Family -Posuds Maa/Preddis Mas UNIFORM DSTRUBOENT Form 3018 8 ami
FLOOD -eras2000 ‘wr MartgugsBenking@yrtem. comthat Borrower pay such reinstatement sums and expesses in ose or more of the following forms, as selected by
Lender: (0) cash; (b) money arder; (0) certified check, bank check, teusurer’s check or cashier's check,

Tastrament and obligations secured bersby. shall remain fully effective 23 if no acceleration had occurred.
However, this right to rchnstate shall int apply in the case of acceleration wader Section 18.

20, Sais of Note; Change of Loan fervicer; Notice of Grievance. ‘The Note of « partial interest in the
‘Note (iogecher with this Security Instrament) can be pold one or more times without prinr notice to Borrower.
‘A sale might result in a clumge fn the entity (mnpwn as the “Lown Servicer”) Guat collects Periodic Payments dus
‘wader the Note and dhis Security Instrumene and performs ether mortgage loan servicing obligations under the
Nove, his Secarky Instrument, and Applicable Law. There also might be oué or more changes of the Loa
Seevicer unrelated 1 a sale of the Note. If there ina change of the Loan Servicer, Botrower will be given
‘written notice of the change which will state the name and address of the now Loan Servicer, the address to
‘which payments should be ixade ard any other information RESPA requires in connection with a antice of
transfer of servicing. If the Note is sold and thereaficr the Loan is serviced by « Loan Sexvicer other than the
purchaser of the Note, the mortgage lom servicing obligations to Bocrower will remain with the Losn Servicer
‘or be transferred to a successor Loan Services’ and art not assatted by the Note purchases unless otherwise
‘Provided by the Note purchaser.

‘Neither Borrower nor Leader may comtaéace, jora, or be joined to any judicial action (as elther an
‘judividnal Htigant or the member of @ class) that arises from the other party's actiosts pursumit to this Security
‘Instrument oF that alleges thet the other party has breached any provisions of, or any daty owed by reason of,
this Security Instrument, until soch Borrower or Leader has notificd the other party (with such notice given in

fo parposca of chia paragraph. The notice of acceleration and opportunity to cure given to Borrower parsaadt
to Section 22 and the notice of acczieration given to Borrower pursuant 10 Section 18 shall be deemed to satisfy
‘the notice and opportunity to take coiréctive action provisions of this Section 20.

21; Baxardons Substances. Ax weed ia this Section 21: (9) “Hazardous Substances” are thove subsbaces

‘Law" means Sederal laws and laws of the jurisdiction where the Property is located Guat relate $0 bealte, safety
of envitonmemtal protection; (c) “Eavironmental Cleanup” inchides any response action, remedial action, or.
removal action, a3 defined in Bavironmental Law; snd (d) sn “Bovirommental Condition” means s condition that
can cause, contribute to, or otherwise tigger an Environmental Clesnmp.

‘Bottower shall not cause ar petmit the presence, use, Gispostl, motage, or release of any Hasariovs .
‘Substances, or threaten to release any Harardous Substances, 08 Of in the Property. Borrower shall not do, nor
allow anyone clac to do, anything affecting the Property (2) that is in violation of any Envicommental Law, (2).
‘which creates an Eavironmesaal Condition, or (c) which, die to the prestnce, mac, or release of a Harardous
Subsomece, creates a condition that adversely affects the value of the Property.: The precoding two sentences
shall not apply to the presence, usc, or slorage on the Property of small quantities of Hazardous Substances that
fre geacrally recognized to be appropriate to normal residential uscs and to maintesance of the Property
(Gcinding, but not Iimited to, hazardous substances in comsumer products).

Borrower shall promptly give Lender written uotice of (3) any invesdgation, claim, demand, lewault or
other action by any goverumental ot segulstory agency or private party involving dhe Property and ay
‘Hazardous Substance or Environmental Law of which Borrower bas actual knowledge, (b) any Exvironmevtal
(Condition, inctuding but not timited to, any spilling, leaking, discharge, release or thsoat of rcieazc. of sy.
aardous Substancé, and (c) any contition caused by the presence, usc or reicasc of « Hazardous Sabstance
‘whlch adversely affects the vatue of the Proparty. Jf Borrower leans, af is notified by any goverumenial or
fogulatory authority, ot any private party, dhit aay removal or other remediation of any Hazardous Substance
affecting the Propeny is necessary, Borrower shall promptly take all necessary remedial actions