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Filing # 23333527 E-Filed 02/04/2015 07:14:57 AM
IN THE CIRCUIT COURT OF THE SEVENTH
JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA
CIVIL ACTION
ONEWEST BANK N.A., CASE NO.:
Plaintiff, DIVISION:
vs.
DAVID A EDMONDS AKA DAVID EDMONDS ;ROXANNE R EDMONDS AKA ROXANNE EDMONDS
s;MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ARK-LA- TEX
FINANCIAL SERVICES, LLC DBA BENCHMARK MORTGAGE; ANY AND ALL UNKNOWN
PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN
PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER
CLAIMANTS; UNKNOWN PARTY #1, UNKNOWN PARTY #2, UNKNOWN PARTY #3, and UNKNOWN
PARTY #4 THE NAMES BEING FICTITIOUS TO ACCOUNT FOR PARTIES IN POSSESSION
Defendant(s).
VERIFIED MORTGAGE FORECLOSURE COMPLAI
Plaintiff, OneWest Bank N.A., sues Defendants, David A Edmonds aka David Edmonds ; Roxanne R
Edmonds aka Roxanne Edmonds ; Mortgage Electronic Registration Systems Inc. as nominee for Ark-La- Tex
Financial Services, LLC DBA Benchmark Mortgage; Any and All Unknown Parties Claiming By, Through, Under,
and Against the Herein Named Individual Defendant(s) Who Are Not Known to be Dead or Alive, Whether Said
Unknown Parties May Claim an Interest as Spouses, Heirs, Devisees, Grantees, or Other Claimants, Unknown Party
#1, Unknown Party #2, Unknown Party #3 and Unknown Party #4, the names being fictitious to account for parties
in possession and alleges:
MORTGAGE FORECLOSURE
1 This is an in rem action to foreclose a mortgage on real property(hereinafter 'Property’) located and
situated in Flagler County, Florida.
2. On July 8, 2005, there was executed and delivered a Promissory Note (“Note”) and a Mortgage
securing the payment of the Note. The Mortgage was recorded on August 11, 2005, in Official Records Book 1299
at Page 1759 of the Public Records of Flagler County, Florida, (All subsequent recording references are to the public
records of Flagler County, Florida) and mortgaged the real and personal property ("Property") described therein,
then owned by and in possession of the Mortgagor(s). Subsequently the Mortgage Note and Mortgage were
modified on July 24, 2007 and March 23, 2009. Copies of the original Mortgage Note, Mortgage and Modification
are attached hereto and incorporated herein as an Exhibit.
3 Plaintiff is in physical possession of the Note endorsed in blank which is the subject of this action
and therefore, is the holder of that Note.
4. The Property is now owned of record by Defendant(s), David A Edmonds aka David Edmonds
and Roxanne R Edmonds aka Roxanne Edmonds .5. The Note and Mortgage are in default. The required installment payment of August 1, 2014, was
not paid, and no subsequent payments have been made. The Mortgage is contractually due for the August 1, 2014
payment. The last payment received was applied to the July 1, 2014 installment, and no subsequent payments have
been applied to the Joan.
6. Plaintiff declares the full amount payable under the Note and Mortgage to be now due.
7. Plaintiff must be paid $133,784.65 in principal on the Note and Mortgage, together with interest
from July 1, 2014, late charges, and all costs of collection including title search expenses for ascertaining necessary
parties to this action and reasonable attorney's fees.
8 All conditions precedent to the acceleration of the Note and foreclosure of the Mortgage have been
performed or have occurred
9. Plaintiff has retained the law firm of Albertelli Law in this action and is obligated to pay it a
reasonable fee for its services in bringing this action as well as all costs of collection. Plaintiff shall be entitled to an
award of any fees and costs incurred in this action based on the terms of the instruments upon which this action is
based.
10. The interests of each Defendant are subject, subordinate, and inferior to the right, title, interest,
and lien of Plaintiffs Mortgage, unless as otherwise provided for by law.
It. David A Edmonds aka David Edmonds may have or claim an interest in the Property that is the
subject of this Foreclosure action by virtue of a Warranty Deed recorded in Official Records Book 1299 Page 1758,
or may otherwise claim an interest in the Property.
12. Roxanne R Edmonds aka Roxanne Edmonds may have or claim an interest in the Property that is
the subject of this Foreclosure action by virtue of a Warranty Deed recorded in Official Records Book 1299 Page
1758, or may otherwise claim an interest in the Property
13. Mortgage Electronic Registration Systems Inc. as nominee for Ark-La- Tex Financial Services,
LLC DBA Benchmark Mortgage may have or claim an interest in the Property that is the subject of this Foreclosure
action by virtue of a Mortgage recorded in Official Records Book 1299 Page 1780, or may otherwise claim an
interest in the Property
14. Unknown Pasty #1, Unknown Party #2, Unknown Party #3 and Unknown Party #4, the names
being fictitious to account for parties in possession who may claim some interest in the Property that is the subject of
this foreclosure action by virtue of an unrecorded lease or purchase option, by virtue of possession, homestead rights
not readily apparent from a review of the public records or may otherwise claim an interest in the Property. The
names of these Defendants are currently unknown to the Plaintiff.
WHEREFORE, Plaintiff requests that the Court ascertain the amount due Plaintiff for principal and interest
‘on the Note and Mortgage and for late charges, abstracting, taxes, expenses and costs, including attorney's fees, plus
interest thereon; that if the sums due Plaintiff under the Note and Mortgage are not paid immediately, the Courtforeclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiffs
mortgage lien in accordance with the provisions of Section 45.031, Florida Statutes (1999); that the rights, title and
interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or
hereafter made a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of
the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and
profits pursuant to Section 697.07, Florida Statutes (1995); and that the Court retain jurisdiction of this action to
make any and all further orders and judgments as may be necessary and proper, including the issuance of a writ of
possession and the entry of a deficiency decree, when and if such deficiency decree shall appear proper, if
borrower(s) has not been discharged in bankruptcy
ELA. R. CIV. P. 1.110(b) VERIFICATION
Under penalty of perjury, I declare that | have read the foregoing, and the facts alleged therein are true and
correct to the best of my knowledge and belief.
By: (tt il {4 Eduard
Printed name: Caryn Edwards.
. Assistant Secretary
Title:
Place of Bu:
Date: __ |
Plaintiff, by and through the undersigned attorney, prays this honorable Court grant the above requested
relief and such other relief deemed appropriate and just.
Albertelli Law
P.O, Box 23028
+ T , Florida 33623
David Osborne, Esq. (oon
Florida Bar #: 70182 (§13)221-217 lacsinu
fteljilaw.com
By:
CHRISTIE M. RENARDO, ESQ.
FLORIDA BAR NO. 60421
DL - 14-167466Certification of Original Promissory Note
{in accordance with Florida Statute 702.15)
{, Lisa C. Payne, am an Assistant Vice President of OneWest Bank. In this position, | am authorized to
make this certification on behalf of the Plaintiff and | certify the following:
1. Plaintiff is in possession of the original promissory note;
2. The original note is located at 2900 Esperanza Crossing, Austin, Texas 78758.
3, The name of the person who personally verified Plaintiff's possession of the note is: Sonya
Richardson.
4. Possession of the note was verified on 12/36/1 + (date) at_& 47 am/r
Correct copies of the original note and allonges to the note are attached hereto.
Under penalties of perjury, | declare that | have read the foregoing certification and that the facts stated
in it are true.
Payne, Assistant Vice President
Date: ! BOBO“os |
‘ ’
) FIXED/ADJUSTABLE RATE NOTE a
- . (LIBOR Index - Rate Caps)
THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN
ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE
CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
JULY — 08, 2005 FT. LAUDERDALE , FLORIDA
[Date] [City] [State]
30 LLAMA TRAIL
PALM COAST, FL 32164
(Property Address}
1, BORROWER'S PROMISE TO PAY
In retum for a loan that I have received, I promise to pay U.S. $ 152,960.00 (this amount is
called "Principal"), plus interest, to the order of the Lender. The Lender is
ARK-LA-TEX FINANCIAL SERVICES, LLC
DBA BENCHMARK MORTGAGE
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 6.8750%. The interest rate I will pay may change in accordance with
Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and
after any default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payments on the Ist day of cach month beginning on SEPTEMBER, 2005
1 will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due
date and will be applied to interest before Principal. If, on AUGUST 01, 2035 » I still owe amounts
under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at
16000 DALLAS PARKWAY, SUITE 800
DALLAS, TX 75248 .
or at a different place if required by the Note Holder,
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 1,004.84 . This amount
may change.
Loan Number, wie J (ie
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family Fortn #00 4/01
(Amended for Florida) Page 1 of 6 HIN381t
(C) Monthly Payment Changes uf
Changes in my monthfy payment will reflect changes i in the unpaid principal of my loan and in the interest
rate that I must Pay. The Note Holder will determine my new interest rate and the changed amount of my
monthly payment in accordance with Section 4 of this Note.
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate 1 will pay will change to an adjustable interest rate on the Ist day of
AUGUST , 2007 , and the adjustable interest rate I will pay may change on that day every 6th
month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and cach
date on which my adjustable interest rate could change is called a "Change Date.”
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is
the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market
(“LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business
day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before cach Change Date, the Note Holder will calculate my new interest rate by adding
Five and One-Quarter percentage points( 5 .2500%) to the Current Index.
The Note Holder will then round the result of this addition to the nearest one-cighth of one percentage point
(0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate
until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay
the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest
rate in substantially equal payments. The result of this calculation will be the new amount of my monthly
payment.
(D) Limits on Interest Rate Changes
The interest rate 1 am required | to pay at the first Change Date will not be greater than 9.8750 %
orlessthan 5.2500 . Thereafter, my adjustable interest rate will never be increased or decreased
on any single Change Date by more than One percentage point(s)
(1.0000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate
will never be greater than 12.8750 %.
(E) Effective Date of Changes
My new interest rate will become effectiveon cach Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly
payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an
adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change.
The notice will include the amount of my monthly payment, any information required by law to be given to me and
also the title and telephone number of a person who will answer any questions I may have regarding the notice.
5. BORROWER'S RIGHT TO PREPAY
I have 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 1 am doing
so. ] may not designate a payment as a Prepayment if I have not made all the monthly payments due und:
Note. LEI
Loan Number. ——~
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family Fortn 4400 401
(Amended for Florida) Page 2 of 6 1IN382I may make a full Prepayment or partial’ Prepaythents without paying any Prepayment charge. The Note
Holder will use my Prepaynients to reduce the amount of Principal that I 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 Prepayment to reduce the Principal amount of the Note. If | make a partial Prepayment, there will be no
changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes.
My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my
partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate
increase,
6. LOANCHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The
Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a
direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by theendof 15 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only
once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(©) 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 a certain date, the Note Holder may require me to pay immediately the full amount of Principal that
has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date
on which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if] am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent
not prohibited by applicable law. Those expenses include, for example, reasonable attomeys' fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if I give the Note Holder a notice of my different address.
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under
this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)
above or at a different address if] am given a notice of that different address.
Loan Number: << wa
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family Forth 4000 4/01"
(Amended for Florida) Page 3 of 6 10N3839. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one persbn signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the
promises made in this Note. The Note Holder may enforce its rights under this Note against each person
individually or against all of us together. This means that any one of us may be required to pay all of the amounts
owed under this Note.
10, WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice
of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due.
"Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts
due have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security
Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I
do not keep the promises that I make in this Note. That Security Instrument describes how and under what
conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of
those conditions read as follows:
(A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section
18, “Interest in the Property" means any legal or beneficial interest in the Property, including,
but not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by Lender
if such exercise 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 less 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 Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand
on Borrower.
(B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then
cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows:
Loan Number: ——_ ~ whl
MULTISTATE FIXELVAvsusTABLE RATE NOTE - LIBOR INDEX - Single Family
(Amended for Florida) Page 4 of 6 TIN3844 :
Transfer of the Property or a Beneffcial Interest in Borrower. As used in this Section
18, “Interest in the Property" means any legal or beneficial interest in the Property, including,
but not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or
if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by Lender
if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if:
(a) Borrower causes to be submitted to Lender information required by Lender to evaluate the
intended transferee as if a new loan were being made to the transferee; and (b) Lender
reasonably determines that Lender's security will not be impaired by the loan assumption and
that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable
to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption. Lender also may require the transferee to
sign an assumption agreement that is acceptable to Lender and that obligates the transferee to
keep all the promises and agreements made in the Note and in this Security Instrument.
Borrower will continue to be obligated under the Note and this Security Instrument unless
Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give
Borrower notice of acceleration. The notice shall provide a period of not less 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 Security Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
12, DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the Mortgage securing this indebtedness.
‘Loan Number. ———~ Init
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family
(Amended for Florida) Page 5 of 6 TIN38S***PLEASE SEE ATTACHED PREPAYMENT PENALTY ADDENDUM TO NOTE***
WITNESS THE HAND(S) AND SEAL(S) OF
(Seal)
Borrower
Cpt hibwl) (oan
‘Davip A EDMONDS) Borrower
=o)
Pay To The Order Of
Without Recourse
'§.B.
(Seal)
CL =)
Richard B. Whitman
Vice President
[Sign Original Only]
Loan Number: > —= _ —-
MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family Form 4000 4701
(Amended for Florida) Page 6 of 6 TIN386ADDENDUM TO ADJUSTABLE RATE NOTE
. (Subprime)
THIS ADDENDUM is made this 8th dayof JULY , 2005 » and is incorporated into and
intended to form a part of an Adjustable Rate Note dated the same date as this Addendum.
1, Section 4(@) of the Adjustable Rate Note is modified as follows:
The interest rate I am required to pay at the first Change Date will not be greater than 9.8750 %
or less than 5.2500 %. Thereafter, my interest rate will never be increased or decreased on any single
Change Date by more than One percentage point(s)( 1.0000%)
from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be
greater than 12.8750 %orless than 5.2500 %,.
2. All other provisions of the Adjustable Rate Note are unchanged by this Addendum and
remain in fall force and effect.
Date July %, 2005
JL ws
/pavtp’A EDMONDS -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
Subprime ARM Note Addendum 1074 (12/01)
Page 1 of 1 TIN4OL® e
PREPAYMENT ADDENDUM TO NOTE
\(MULTISTATE)
JULY 08, 2005 FT. LAUDERDALE , FLORIDA
[Date] (City) {Stato}
30 LLAMA TRAIL
PALM COAST, FL 32164
(Property Address)
This Prepayment Addendum to Note amends and supplements the Note entered into between
ARK-LA-TEX FINANCIAL SERVICES, LLC
DBA BENCHMARK MORTGAGE
("Lender") and the undersigned on the date set forth above.
The Section of the Note entitled "BORROWER'S RIGHT TO PREPAY” or "BORROWER'S PAYMENTS BEFORE
THEY ARE DUE" is deleted in its entirety. The following is substituted in its place:
"BORROWER'S RIGHT TO PREPAY
I have 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, | will tell the Note Holder in writing that I am
doing so. I may not designate a payment as a prepayment if | have not made all the monthly payments due
under the Note.
The Note Holder will use my prepayments to reduce the amount of principal that I 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 prepayment to reduce the principal amount of the Note. If 1 make a partial
prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
If within __ twenty-four (24 months after the date of this Note | make a full prepayment or partial
prepayment(s), I will at the same time pay to the Note Holder a prepayment fee equal to six (6) month's
advance interest on the amount of the prepayment that, when added to all other amounts prepaid during the
12-month period immediately preceding the date of the prepayment, exceeds twenty percent (20%) of the
original principal amount of this Note. In no event will such a charge be made if it violates applicable law."
LLL AO
“Borrower PAVID A EDMONDS’ “Borrower
(Seal) (Seal)
-Borrower -Borrower
Loan Number: 7
Prepayment Addendum to Note (Multistate)
Page 1 of | CPPPMUALLONGE TO NOTE:
BORROWERS NAME: ROXANNE R. and DAVID A. EDMONDS
NAME OF SELLER: ARK-LA-TEX FINANCIAL SERVICES, LLC DBA
BENCHMARK MORTGAGE
INVESTOR LOAN NUMBER: | |———
LOAN AMOUNT: $152,960.00
NOTE DATE: JULY 8, 2005
PROPERTY ADDRESS; 30LLAMA TRAIL, PALM COAST, FL. 32164
TiB}1Mec bake RGRY
PAY TO THE ORDER OF:
WITHOUT RECOURSE:
ARK-LA-TEX FINANCIAL SERVICES LLC, DBA BENCHMARK MORTGAGE
BY: 2
CSto¥e Remington
TITLE: Executive Vice President of Operationsi
ALLONGE TO NOTE
Loan #: —_——
For purposes of further endorsemertt of the following described Note, the allonge is
affixed and becomes a permanent part of said Note.
Loan Amount: $152,721.70
Note Date: : 08-Jul-05
Borrower(s) Last Name: | EDMONDS
Address: , 30 LLAMA TRAIL
: PALM COAST, FL 32164
WITHOUT RECOURSE, PAY TO THE ORDER OF:
BY: Aare Aehtedoe
NAME: Sandra Schnéider
TITLE: Vice President, OneWest Bank, FSBALLONGE TO NOTE
Loan #: —
For purposes of further endorsement of the following described Note, the allonge is
affixed and becomes a permanent part of said Note.
Loan Amount: $152,721.70
Note Date: 08-Jul-05
Borrower(s) Last Name: EDMONDS
Address: 30 LLAMA TRAIL
PALM COAST, FL 32164
PAY TO THE ORDER OF ONEWEST BANK, FSB, WITHOUT RECOURSE
FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for IndyMac
Federal Bank, FSB, successer to IndyMac Bank, F.S.B.
BY: Aerie Achrvcdee
NAME: Sandra Schndider
TITLE: Attorney-In-FactInst No: 2005048570; 08/11/05 12:50PM; Book: 1299 Page: 1759; Total Pgs: 21
Doc Stamp-Mtg $535.50 Intang. Tax $305.92 GAIL WADSWORTH, FLAGLER
Co.
> Coast Titia iasviaince Agency, inc,
3
18 Cypress Branch Way
Suite 202
— ip 4 oda Coast, FL 32t5
After Recorting-Retumto:
ARK-LA-TEX FINANCIAL SERVICES, LLC
DBA BENCHMARK MORTGAGE
ATTN: FINAL DOCUMENTS
16000 DALLAS PARKWAY, SUITE 800
DALLAS, TX 78248
(214420-2700
This document prepared by:
ARK-LA-TEX FINANCIAL SERVICES, LLC
DBA BENCHMARK MORTGAGE
16UUY DALLAS PARKWAY, SUITE 800
DALLAS, TX 75248
(214)420-2700
7 [Space Above This Line For Recording 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 und 21. Certain rules regarding the usage of words used in this document are also provided in Section
16. :
(A) “Security Instrument" means this document. which isdated JULY 08, 2005
together with all Riders to this document.
(B) "Borrower" is
ROXANNE R EDMONDS & DAVID A EDMONDS, AS WIFE AND HUSBAND.
Bortower is the mortgagor under this Security Instrument,
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(C) "Lender" is
ARK-LA-TEX FINANCIAL SERVICES, LLC
DBA BENCHMARK MORTGAGE
Lender is a LIMITED LIABILITIES COMPANY organized and existing under the
laws of TEXAS Lender's address is
16000 DALLAS PARKWAY, SUITE 800
DALLAS, TX 75248
Lender is the mortgagee under this Security Instrument.
(D) “Note” means the promissory note signed by Borrower and dated JULY 08, 2005
The Note states that Borrower owes Lender
ONE HUNDRED FIFTY-TWO THOUSAND NINE HUNDRED SIXTY AND 00/100
Dollars (U.S. $ 152,960.00 ) plus interest. Borrower has promised to pay this debt
in regular Periodic Payments and to pay the debt in full not later than AUGUST 01, 2035
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(F) "Loan" meuns the debt evidenced by the Note, plus interest, any prepayment charges and late charges
duc under the Note, and all sums duc under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable}:
TX Adjustable Rate Rider [2 Condominium Rider [J second Home Rider
(= Balloon Rider "_ Biweckly Payment Rider (1-4 Family Rider
EX! Other(s) (specify] (Planned Unit Development Rider
RIOR
(H) “Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(ly “Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that arc imposed on Borrower or the Property by a condominium association, homcowuers association or
similar organization.
(I) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an clectronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorized a financial institution to debit or credit an
account, Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,
transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) “Escrow Items" means those items that are described 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 coverages described in Section 5) for: (i) damage
to, or destruction of, the Property, (ii) condemnation or other taking of all or any part of the Property; (iii)
conveyance in licu of condenmation; or (iv) misrepresentations of, or omissions as to, the value and/or condition
of the Property.
(Mt) “Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan,
3 Hf
Lon Sunber niu Uf
f
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(N) "Periodic Payment” means the regularly scheduled amount duc for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 ct seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time or any
additional or successor legislation or regulation that governs the same subject matter. As used in tus Security
Instrument, "RESPA" refers to al} requirements and restrictions that are imposed in regard to a “federally related
mortgage loan” even if the Loan does not qualify as a “federally relatcd mortgage loan" under RESPA.
(P) “Successor in Interest of Borrower" means ary party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Sccurity Instrument secures to Lender: (i) the repayment of the Loan, and all renewals. extensions
and modifications of the Note, and (ii) the performance of Borrower's covenants aud agreements under
this Security Instrument and the Note. For this purpose, Borrower docs hereby mortgage, grant and convey to
Lender, the following described property located in the County of FLAGLER
LOT 17, BLOCK 11, OF PALM COAST, MAP OF LAGUNA FOREST, SECTION 64, ACCORDING TO.
THE PLAT THEREOF, RECORDED IN PLAT BOOK 18, PAGE(S) 36-43, OF THE PUBLIC RECORDS
OF FLAGLER COUNTY, FLORIDA
1 I
race! None: Ey
which currently has the address of
30 LLAMA TRAIL
jSuret!
PALM COAST Florida 32164
{city} [Zip Code}
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casemients,
appurtenances, and fixtures now or hercafier a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the forcgoing is referred to in this Sceurity Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seized of the estate hercby conveyed and has the
right to mortguge, grant and convey the Property and that the Properly is unencumbered, except for
cucumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims
and demands, subject to any encumbrances of record.
Loan Number 5
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THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when duc the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower shill also pay funds for Escrow Items pursuant to Section
3. Payments duc under the Note and this Security Instrument shall be made in U.S. currency. However, if any
check or other instrument reccived by Lender as payment under the Note or this Security Instrument is retumed.
to Lender unpaid, Lender may require that any or ail subsequent payments duc under the Note and this Security
Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an
institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 1§. Lender may
retum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan
current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver
of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but
Lender is not obligated to apply such payments at the time such payments are accepted. If cach Periodic Payment
is upplicd as of its scheduled duc date, then Lender need not pay interest on unapplied funds. Lender may hold
such unapplied funds until Borrower makes payment to bring the Loan cusrent. If Borrower docs not do so within
a reasonable period of time, Lender shall cither apply such funds or retum them to Borrower. If not applied
carlicr, such funds will be applicd to the outstanding principal balance under the Note immediately prior to
foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve
Borrower from making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all paymenis
accepted and applicd by Lender shall be applicd in the following order of priority: (a) interest duc under
the Note; (b) principal duc under the Note; (c) amounts duc under Section 3. Such payments shall be applied
to each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first
to late charges, second to any other amounts duc under this Security Instrument, and then to reduce the
principal balance of the Note
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge duc, the payment may be applicd to the delinquent payment and
the late charge. If more than onc Periodic Payment is outstanding, Lender may apply any payment recived from
Borrower to the repayment of the Periodic Payments if, and to the extent thal, cach payment can be paid in
full. To the extent that any excess exists after the payment is applicd to the full payment of one or more
Periodic Payments, such excess may be applicd to any late 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 duc under the
Note shall not extend or postpone the duc 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, unti] the Note is paid in full, a sum (the "Funds”) to provide for payment of amounts due for: (a) taxes
and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance
Ee titi
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on the Property; (b) leasehold payments or ground rents on the Property, if any; (¢) premiums for any and all
insurance required by Lender under Scction 5; and (d) Mortgage Insurance premiums, if any, of any sums payable
by Borrower to Lender in licu of the payment of Mortgage Insurance premiums in accordance with the provisions
of Section 10. These items ure called "Escrow Stems.” At origination or at any time during the term of the Loan,
Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
aud such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this Section. Borrower shal] pay Lender the Funds for Escrow Items unless
Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in
writing. In the event of such waiver, Borrower shall pay directly, when and 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 Lendcr may require. Borrower's obligation
to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement
contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower
is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount duc for
an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower
shall pay to Lender ali Funds, and in such amounts, that are then required under this Section 3
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to excced the maximum amount a lender can require under
RESPA. Lender shall estimate the amount of Funds duc on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shill be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unicss Lender pays Borrower interest o1 the Funds and Applicable Law permits Lender to
make such a charge. Unless un agreement is made in writing or Applicable Law requires interest to be paid on the
Funds, Lender shall not be required 10 pay Borrower any interest or camiiugs on the Funds. Borrower and Lender
can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without
charge, an annual accounting of the Funds as required by RESPA
if there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments.
If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as
required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in
accordance with RESPA, but in no more than [2 monthly payments.
Upon payment in full of ali sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender
4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Properly which can attain priority over this Sccurity Instrument, leaschold payments or ground rents
Es nina:
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on the Property, if any, and Community Association Dues, Fees. and Assessments, if any. To the extent that these
items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement, (b) contests the licn in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or
(¢) secures from the holder of the licn an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
Priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions
set forth above in this Section 4
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term “extended coverage," and any other hazards
including, but not limited to, carthquake and floods, for which Lender 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 the Loan. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this
Loan, cither: (u) a one-time charge for Nood zone determination, certification and tracking services; or (b) a
one-time charge for flood zone determination and certification services and subsequent charges cach time
temappings or similar changes occur which reasonably might affect such determination or certification. Borrower
shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in
connection with the revicw of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular
type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability 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 under this Section $ shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date
of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shail name Lender as mortgagee and/or
as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage c
Preview
Filing # 23333527 E-Filed 02/04/2015 07:14:57 AM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA CIVIL ACTION ONEWEST BANK N.A., CASE NO.: Plaintiff, DIVISION: vs. DAVID A EDMONDS AKA DAVID EDMONDS ;ROXANNE R EDMONDS AKA ROXANNE EDMONDS s;MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS NOMINEE FOR ARK-LA- TEX FINANCIAL SERVICES, LLC DBA BENCHMARK MORTGAGE; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN PARTY #1, UNKNOWN PARTY #2, UNKNOWN PARTY #3, and UNKNOWN PARTY #4 THE NAMES BEING FICTITIOUS TO ACCOUNT FOR PARTIES IN POSSESSION Defendant(s). VERIFIED MORTGAGE FORECLOSURE COMPLAI Plaintiff, OneWest Bank N.A., sues Defendants, David A Edmonds aka David Edmonds ; Roxanne R Edmonds aka Roxanne Edmonds ; Mortgage Electronic Registration Systems Inc. as nominee for Ark-La- Tex Financial Services, LLC DBA Benchmark Mortgage; Any and All Unknown Parties Claiming By, Through, Under, and Against the Herein Named Individual Defendant(s) Who Are Not Known to be Dead or Alive, Whether Said Unknown Parties May Claim an Interest as Spouses, Heirs, Devisees, Grantees, or Other Claimants, Unknown Party #1, Unknown Party #2, Unknown Party #3 and Unknown Party #4, the names being fictitious to account for parties in possession and alleges: MORTGAGE FORECLOSURE 1 This is an in rem action to foreclose a mortgage on real property(hereinafter 'Property’) located and situated in Flagler County, Florida. 2. On July 8, 2005, there was executed and delivered a Promissory Note (“Note”) and a Mortgage securing the payment of the Note. The Mortgage was recorded on August 11, 2005, in Official Records Book 1299 at Page 1759 of the Public Records of Flagler County, Florida, (All subsequent recording references are to the public records of Flagler County, Florida) and mortgaged the real and personal property ("Property") described therein, then owned by and in possession of the Mortgagor(s). Subsequently the Mortgage Note and Mortgage were modified on July 24, 2007 and March 23, 2009. Copies of the original Mortgage Note, Mortgage and Modification are attached hereto and incorporated herein as an Exhibit. 3 Plaintiff is in physical possession of the Note endorsed in blank which is the subject of this action and therefore, is the holder of that Note. 4. The Property is now owned of record by Defendant(s), David A Edmonds aka David Edmonds and Roxanne R Edmonds aka Roxanne Edmonds .5. The Note and Mortgage are in default. The required installment payment of August 1, 2014, was not paid, and no subsequent payments have been made. The Mortgage is contractually due for the August 1, 2014 payment. The last payment received was applied to the July 1, 2014 installment, and no subsequent payments have been applied to the Joan. 6. Plaintiff declares the full amount payable under the Note and Mortgage to be now due. 7. Plaintiff must be paid $133,784.65 in principal on the Note and Mortgage, together with interest from July 1, 2014, late charges, and all costs of collection including title search expenses for ascertaining necessary parties to this action and reasonable attorney's fees. 8 All conditions precedent to the acceleration of the Note and foreclosure of the Mortgage have been performed or have occurred 9. Plaintiff has retained the law firm of Albertelli Law in this action and is obligated to pay it a reasonable fee for its services in bringing this action as well as all costs of collection. Plaintiff shall be entitled to an award of any fees and costs incurred in this action based on the terms of the instruments upon which this action is based. 10. The interests of each Defendant are subject, subordinate, and inferior to the right, title, interest, and lien of Plaintiffs Mortgage, unless as otherwise provided for by law. It. David A Edmonds aka David Edmonds may have or claim an interest in the Property that is the subject of this Foreclosure action by virtue of a Warranty Deed recorded in Official Records Book 1299 Page 1758, or may otherwise claim an interest in the Property. 12. Roxanne R Edmonds aka Roxanne Edmonds may have or claim an interest in the Property that is the subject of this Foreclosure action by virtue of a Warranty Deed recorded in Official Records Book 1299 Page 1758, or may otherwise claim an interest in the Property 13. Mortgage Electronic Registration Systems Inc. as nominee for Ark-La- Tex Financial Services, LLC DBA Benchmark Mortgage may have or claim an interest in the Property that is the subject of this Foreclosure action by virtue of a Mortgage recorded in Official Records Book 1299 Page 1780, or may otherwise claim an interest in the Property 14. Unknown Pasty #1, Unknown Party #2, Unknown Party #3 and Unknown Party #4, the names being fictitious to account for parties in possession who may claim some interest in the Property that is the subject of this foreclosure action by virtue of an unrecorded lease or purchase option, by virtue of possession, homestead rights not readily apparent from a review of the public records or may otherwise claim an interest in the Property. The names of these Defendants are currently unknown to the Plaintiff. WHEREFORE, Plaintiff requests that the Court ascertain the amount due Plaintiff for principal and interest ‘on the Note and Mortgage and for late charges, abstracting, taxes, expenses and costs, including attorney's fees, plus interest thereon; that if the sums due Plaintiff under the Note and Mortgage are not paid immediately, the Courtforeclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiffs mortgage lien in accordance with the provisions of Section 45.031, Florida Statutes (1999); that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereafter made a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and profits pursuant to Section 697.07, Florida Statutes (1995); and that the Court retain jurisdiction of this action to make any and all further orders and judgments as may be necessary and proper, including the issuance of a writ of possession and the entry of a deficiency decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in bankruptcy ELA. R. CIV. P. 1.110(b) VERIFICATION Under penalty of perjury, I declare that | have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. By: (tt il {4 Eduard Printed name: Caryn Edwards. . Assistant Secretary Title: Place of Bu: Date: __ | Plaintiff, by and through the undersigned attorney, prays this honorable Court grant the above requested relief and such other relief deemed appropriate and just. Albertelli Law P.O, Box 23028 + T , Florida 33623 David Osborne, Esq. (oon Florida Bar #: 70182 (§13)221-217 lacsinu fteljilaw.com By: CHRISTIE M. RENARDO, ESQ. FLORIDA BAR NO. 60421 DL - 14-167466Certification of Original Promissory Note {in accordance with Florida Statute 702.15) {, Lisa C. Payne, am an Assistant Vice President of OneWest Bank. In this position, | am authorized to make this certification on behalf of the Plaintiff and | certify the following: 1. Plaintiff is in possession of the original promissory note; 2. The original note is located at 2900 Esperanza Crossing, Austin, Texas 78758. 3, The name of the person who personally verified Plaintiff's possession of the note is: Sonya Richardson. 4. Possession of the note was verified on 12/36/1 + (date) at_& 47 am/r Correct copies of the original note and allonges to the note are attached hereto. Under penalties of perjury, | declare that | have read the foregoing certification and that the facts stated in it are true. Payne, Assistant Vice President Date: ! BOBO“os | ‘ ’ ) FIXED/ADJUSTABLE RATE NOTE a - . (LIBOR Index - Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. JULY — 08, 2005 FT. LAUDERDALE , FLORIDA [Date] [City] [State] 30 LLAMA TRAIL PALM COAST, FL 32164 (Property Address} 1, BORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay U.S. $ 152,960.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is ARK-LA-TEX FINANCIAL SERVICES, LLC DBA BENCHMARK MORTGAGE I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.8750%. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the Ist day of cach month beginning on SEPTEMBER, 2005 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on AUGUST 01, 2035 » I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 16000 DALLAS PARKWAY, SUITE 800 DALLAS, TX 75248 . or at a different place if required by the Note Holder, (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1,004.84 . This amount may change. Loan Number, wie J (ie MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family Fortn #00 4/01 (Amended for Florida) Page 1 of 6 HIN381t (C) Monthly Payment Changes uf Changes in my monthfy payment will reflect changes i in the unpaid principal of my loan and in the interest rate that I must Pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate 1 will pay will change to an adjustable interest rate on the Ist day of AUGUST , 2007 , and the adjustable interest rate I will pay may change on that day every 6th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and cach date on which my adjustable interest rate could change is called a "Change Date.” (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market (“LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before cach Change Date, the Note Holder will calculate my new interest rate by adding Five and One-Quarter percentage points( 5 .2500%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-cighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate 1 am required | to pay at the first Change Date will not be greater than 9.8750 % orlessthan 5.2500 . Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s) (1.0000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 12.8750 %. (E) Effective Date of Changes My new interest rate will become effectiveon cach Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any questions I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have 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 1 am doing so. ] may not designate a payment as a Prepayment if I have not made all the monthly payments due und: Note. LEI Loan Number. ——~ MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family Fortn 4400 401 (Amended for Florida) Page 2 of 6 1IN382I may make a full Prepayment or partial’ Prepaythents without paying any Prepayment charge. The Note Holder will use my Prepaynients to reduce the amount of Principal that I 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 Prepayment to reduce the Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase, 6. LOANCHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by theendof 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (©) 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 a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if] am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomeys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if] am given a notice of that different address. Loan Number: << wa MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family Forth 4000 4/01" (Amended for Florida) Page 3 of 6 10N3839. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one persbn signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10, WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise 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 less 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 Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: Loan Number: ——_ ~ whl MULTISTATE FIXELVAvsusTABLE RATE NOTE - LIBOR INDEX - Single Family (Amended for Florida) Page 4 of 6 TIN3844 : Transfer of the Property or a Beneffcial Interest in Borrower. As used in this Section 18, “Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less 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 Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12, DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the Mortgage securing this indebtedness. ‘Loan Number. ———~ Init MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family (Amended for Florida) Page 5 of 6 TIN38S***PLEASE SEE ATTACHED PREPAYMENT PENALTY ADDENDUM TO NOTE*** WITNESS THE HAND(S) AND SEAL(S) OF (Seal) Borrower Cpt hibwl) (oan ‘Davip A EDMONDS) Borrower =o) Pay To The Order Of Without Recourse '§.B. (Seal) CL =) Richard B. Whitman Vice President [Sign Original Only] Loan Number: > —= _ —- MULTISTATE FIXED/ADJUSTABLE RATE NOTE - LIBOR INDEX - Single Family Form 4000 4701 (Amended for Florida) Page 6 of 6 TIN386ADDENDUM TO ADJUSTABLE RATE NOTE . (Subprime) THIS ADDENDUM is made this 8th dayof JULY , 2005 » and is incorporated into and intended to form a part of an Adjustable Rate Note dated the same date as this Addendum. 1, Section 4(@) of the Adjustable Rate Note is modified as follows: The interest rate I am required to pay at the first Change Date will not be greater than 9.8750 % or less than 5.2500 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s)( 1.0000%) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 12.8750 %orless than 5.2500 %,. 2. All other provisions of the Adjustable Rate Note are unchanged by this Addendum and remain in fall force and effect. Date July %, 2005 JL ws /pavtp’A EDMONDS -Borrower (Seal) -Borrower (Seal) -Borrower Subprime ARM Note Addendum 1074 (12/01) Page 1 of 1 TIN4OL® e PREPAYMENT ADDENDUM TO NOTE \(MULTISTATE) JULY 08, 2005 FT. LAUDERDALE , FLORIDA [Date] (City) {Stato} 30 LLAMA TRAIL PALM COAST, FL 32164 (Property Address) This Prepayment Addendum to Note amends and supplements the Note entered into between ARK-LA-TEX FINANCIAL SERVICES, LLC DBA BENCHMARK MORTGAGE ("Lender") and the undersigned on the date set forth above. The Section of the Note entitled "BORROWER'S RIGHT TO PREPAY” or "BORROWER'S PAYMENTS BEFORE THEY ARE DUE" is deleted in its entirety. The following is substituted in its place: "BORROWER'S RIGHT TO PREPAY I have 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, | will tell the Note Holder in writing that I am doing so. I may not designate a payment as a prepayment if | have not made all the monthly payments due under the Note. The Note Holder will use my prepayments to reduce the amount of principal that I 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 prepayment to reduce the principal amount of the Note. If 1 make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If within __ twenty-four (24 months after the date of this Note | make a full prepayment or partial prepayment(s), I will at the same time pay to the Note Holder a prepayment fee equal to six (6) month's advance interest on the amount of the prepayment that, when added to all other amounts prepaid during the 12-month period immediately preceding the date of the prepayment, exceeds twenty percent (20%) of the original principal amount of this Note. In no event will such a charge be made if it violates applicable law." LLL AO “Borrower PAVID A EDMONDS’ “Borrower (Seal) (Seal) -Borrower -Borrower Loan Number: 7 Prepayment Addendum to Note (Multistate) Page 1 of | CPPPMUALLONGE TO NOTE: BORROWERS NAME: ROXANNE R. and DAVID A. EDMONDS NAME OF SELLER: ARK-LA-TEX FINANCIAL SERVICES, LLC DBA BENCHMARK MORTGAGE INVESTOR LOAN NUMBER: | |——— LOAN AMOUNT: $152,960.00 NOTE DATE: JULY 8, 2005 PROPERTY ADDRESS; 30LLAMA TRAIL, PALM COAST, FL. 32164 TiB}1Mec bake RGRY PAY TO THE ORDER OF: WITHOUT RECOURSE: ARK-LA-TEX FINANCIAL SERVICES LLC, DBA BENCHMARK MORTGAGE BY: 2 CSto¥e Remington TITLE: Executive Vice President of Operationsi ALLONGE TO NOTE Loan #: —_—— For purposes of further endorsemertt of the following described Note, the allonge is affixed and becomes a permanent part of said Note. Loan Amount: $152,721.70 Note Date: : 08-Jul-05 Borrower(s) Last Name: | EDMONDS Address: , 30 LLAMA TRAIL : PALM COAST, FL 32164 WITHOUT RECOURSE, PAY TO THE ORDER OF: BY: Aare Aehtedoe NAME: Sandra Schnéider TITLE: Vice President, OneWest Bank, FSBALLONGE TO NOTE Loan #: — For purposes of further endorsement of the following described Note, the allonge is affixed and becomes a permanent part of said Note. Loan Amount: $152,721.70 Note Date: 08-Jul-05 Borrower(s) Last Name: EDMONDS Address: 30 LLAMA TRAIL PALM COAST, FL 32164 PAY TO THE ORDER OF ONEWEST BANK, FSB, WITHOUT RECOURSE FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for IndyMac Federal Bank, FSB, successer to IndyMac Bank, F.S.B. BY: Aerie Achrvcdee NAME: Sandra Schndider TITLE: Attorney-In-FactInst No: 2005048570; 08/11/05 12:50PM; Book: 1299 Page: 1759; Total Pgs: 21 Doc Stamp-Mtg $535.50 Intang. Tax $305.92 GAIL WADSWORTH, FLAGLER Co. > Coast Titia iasviaince Agency, inc, 3 18 Cypress Branch Way Suite 202 — ip 4 oda Coast, FL 32t5 After Recorting-Retumto: ARK-LA-TEX FINANCIAL SERVICES, LLC DBA BENCHMARK MORTGAGE ATTN: FINAL DOCUMENTS 16000 DALLAS PARKWAY, SUITE 800 DALLAS, TX 78248 (214420-2700 This document prepared by: ARK-LA-TEX FINANCIAL SERVICES, LLC DBA BENCHMARK MORTGAGE 16UUY DALLAS PARKWAY, SUITE 800 DALLAS, TX 75248 (214)420-2700 7 [Space Above This Line For Recording 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 und 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. : (A) “Security Instrument" means this document. which isdated JULY 08, 2005 together with all Riders to this document. (B) "Borrower" is ROXANNE R EDMONDS & DAVID A EDMONDS, AS WIFE AND HUSBAND. Bortower is the mortgagor under this Security Instrument, FLORIDA ~ Single Family -- Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Forts S096 1/01 Pave | of LS ©3006 1FL eS PAGE LOFT Created By Angele Jowen Printed: $/7/2015 14:14:13 AM CSTBook: 1299 Page: 1760 (C) "Lender" is ARK-LA-TEX FINANCIAL SERVICES, LLC DBA BENCHMARK MORTGAGE Lender is a LIMITED LIABILITIES COMPANY organized and existing under the laws of TEXAS Lender's address is 16000 DALLAS PARKWAY, SUITE 800 DALLAS, TX 75248 Lender is the mortgagee under this Security Instrument. (D) “Note” means the promissory note signed by Borrower and dated JULY 08, 2005 The Note states that Borrower owes Lender ONE HUNDRED FIFTY-TWO THOUSAND NINE HUNDRED SIXTY AND 00/100 Dollars (U.S. $ 152,960.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than AUGUST 01, 2035 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" meuns the debt evidenced by the Note, plus interest, any prepayment charges and late charges duc under the Note, and all sums duc under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable}: TX Adjustable Rate Rider [2 Condominium Rider [J second Home Rider (= Balloon Rider "_ Biweckly Payment Rider (1-4 Family Rider EX! Other(s) (specify] (Planned Unit Development Rider RIOR (H) “Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (ly “Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condominium association, homcowuers association or similar organization. (I) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an clectronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorized a financial institution to debit or credit an account, Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) “Escrow Items" means those items that are described 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 coverages described in Section 5) for: (i) damage to, or destruction of, the Property, (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in licu of condenmation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (Mt) “Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan, 3 Hf Lon Sunber niu Uf f FLORIDA - Single Famully ~ Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Ferayoye01 Puye 2 of 1S c30062F'. a Pace ror i Cremtad ty Rania Jones Prininds 1/7/2043 LEAS ANTBook: 1299 Page: 1761 (N) "Periodic Payment” means the regularly scheduled amount duc for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 ct seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time or any additional or successor legislation or regulation that governs the same subject matter. As used in tus Security Instrument, "RESPA" refers to al} requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally relatcd mortgage loan" under RESPA. (P) “Successor in Interest of Borrower" means ary party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Sccurity Instrument secures to Lender: (i) the repayment of the Loan, and all renewals. extensions and modifications of the Note, and (ii) the performance of Borrower's covenants aud agreements under this Security Instrument and the Note. For this purpose, Borrower docs hereby mortgage, grant and convey to Lender, the following described property located in the County of FLAGLER LOT 17, BLOCK 11, OF PALM COAST, MAP OF LAGUNA FOREST, SECTION 64, ACCORDING TO. THE PLAT THEREOF, RECORDED IN PLAT BOOK 18, PAGE(S) 36-43, OF THE PUBLIC RECORDS OF FLAGLER COUNTY, FLORIDA 1 I race! None: Ey which currently has the address of 30 LLAMA TRAIL jSuret! PALM COAST Florida 32164 {city} [Zip Code} ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all casemients, appurtenances, and fixtures now or hercafier a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the forcgoing is referred to in this Sceurity Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hercby conveyed and has the right to mortguge, grant and convey the Property and that the Properly is unencumbered, except for cucumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Loan Number 5 FLORIDA ~ Single Fumlly ~ Fannie Mae/Preddie Mae UNIFORM INSTRUMENT Vers sefo 1/01 Page 30f 15 C30003FL ee Pace aOR Cheated By: Angels Jone Printed: 1/7/2018 12:15:15 AM CSTBook: 1299 Page: 1762 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when duc the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shill also pay funds for Escrow Items pursuant to Section 3. Payments duc under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument reccived by Lender as payment under the Note or this Security Instrument is retumed. to Lender unpaid, Lender may require that any or ail subsequent payments duc under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 1§. Lender may retum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If cach Periodic Payment is upplicd as of its scheduled duc date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan cusrent. If Borrower docs not do so within a reasonable period of time, Lender shall cither apply such funds or retum them to Borrower. If not applied carlicr, such funds will be applicd to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all paymenis accepted and applicd by Lender shall be applicd in the following order of priority: (a) interest duc under the Note; (b) principal duc under the Note; (c) amounts duc under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second to any other amounts duc under this Security Instrument, and then to reduce the principal balance of the Note If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge duc, the payment may be applicd to the delinquent payment and the late charge. If more than onc Periodic Payment is outstanding, Lender may apply any payment recived from Borrower to the repayment of the Periodic Payments if, and to the extent thal, cach payment can be paid in full. To the extent that any excess exists after the payment is applicd to the full payment of one or more Periodic Payments, such excess may be applicd to any late 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 duc under the Note shall not extend or postpone the duc 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, unti] the Note is paid in full, a sum (the "Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance Ee titi FLORIDA ~ Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Page 4 of 1S C30N68FL, es pack aor Cheated By; Angels Jones Printed: 1/2/2015 18:14:13 AM CSTBook: 1299 Page: 1763 on the Property; (b) leasehold payments or ground rents on the Property, if any; (¢) premiums for any and all insurance required by Lender under Scction 5; and (d) Mortgage Insurance premiums, if any, of any sums payable by Borrower to Lender in licu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items ure called "Escrow Stems.” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, aud such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shal] pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and 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 Lendcr may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount duc for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender ali Funds, and in such amounts, that are then required under this Section 3 Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to excced the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds duc on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shill be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unicss Lender pays Borrower interest o1 the Funds and Applicable Law permits Lender to make such a charge. Unless un agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required 10 pay Borrower any interest or camiiugs on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA if there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than [2 monthly payments. Upon payment in full of ali sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Properly which can attain priority over this Sccurity Instrument, leaschold payments or ground rents Es nina: FLORIDA - Single Pamily ~ Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Page Sof 15 C30065FL pace sora Created by: Angela Jones Printed: 1/7/2019 11115 AM CSTBook: 1299 Page: 1764 on the Property, if any, and Community Association Dues, Fees. and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement, (b) contests the licn in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (¢) secures from the holder of the licn an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain Priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4 Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage," and any other hazards including, but not limited to, carthquake and floods, for which Lender 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 the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, cither: (u) a one-time charge for Nood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges cach time temappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the revicw of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability 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 under this Section $ shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shail name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage c