Motion,Ex Parte: Beneficial Florida Inc Plaintiff vs Bray, Susan P etal Defendant

On December 23, 2008 a Motion,Ex Parte was filed involving a dispute between and for CA Mortgage Foreclosure in the District Court of Lee County.

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12/23/2008 9:16 PM Filed Lee County Clerk of Court

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

CIVIL ACTION
BENEFICIAL FLORIDA INC.,
Plaintiff,
08 -— CA-055987
CASE NO. Judge: Winesett, Sherra
vs. DIVISION

SUSAN P. BRAY; LONNIE D. BRAY; 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; TENANT #1,
TENANT #2, TENANT #3, and TENANT #4 the names being fictitious to account for parties in possession

Defendant(s).
/

MORTGAGE FORECLOSURE COMPLAINT

Plaintiff, BENEFICIAL FLORIDA INC., sues Defendants, SUSAN P. BRAY, LONNIE D. BRAY; 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; TENANT #1, TENANT #2, TENANT #3 and TENANT #4 the names being

fictitious to account for parties in possession, and alleges:

COUNT I - MORTGAGE FORECLOSURE

1. This is an in rem action to foreclose a mortgage on real property located and situated in LEE County,
Florida.

2. This firm has complied with the notice requirement of the Fair Debt Collection Practices Act, 15
U.S.C. § 1692, et seq, as amended. The Notice(s) previously mailed by the firm is attached hereto and incorporated
herein as an Exhibit.

FILE_NUMBER: F08108933 DOC_ID: M000100

AOI vin3. On May 3, 2006, there was executed and delivered a Promissory Note ("Mortgage Note") and a
Mortgage ("Mortgage") securing the payment of the Mortgage Note. The Mortgage was recorded on May 9, 2006, in
Official Instrument # 2006000189581 of the Public Records of LEE County, Florida, (All subsequent recording
references are to the public records of LEE County, Florida) and mortgaged the real and personal property ("Property")
described therein, then owned by and in possession of the Mortgagor(s). A copy of the original Mortgage is attached
hereto and incorporated herein as an Exhibit.

4. Plaintiff is now the holder of the Mortgage Note and Mortgage and/or is entitled to enforce the
Mortgage Note and Mortgage.

5. The Property is now owned of record by Defendant(s), SUSAN P. BRAY, and LONNIE D.
BRAY.

6. The Mortgage Note and Mortgage are in default. The required installment payment of August 8,

2008, was not paid, and no subsequent payments have been made. The Mortgage is contractually due for the August
8, 2008, payment. The last payment received was applied to the July 8, 2008, installment, and no subsequent
payments have been applied to the loan.

7. Plaintiff declares the full amount payable under the Mortgage Note and Mortgage to be now due.

8. Plaintiff must be paid $157,047.24 in principal on the Mortgage Note and Mortgage, together with
interest from July 8, 2008, late charges, and all costs of collection including title search expenses for ascertaining
necessary parties to this action and reasonable attorney's fees.

9. All conditions precedent to the acceleration of the Mortgage Note and foreclosure of the Mortgage
have been performed or have occurred.

10. Plaintiff has retained the law firm of Florida Default Law Group, P.L., 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.

ll. The interests of each Defendant are subject, subordinate, and inferior to the right, title, interest, and
lien of Plaintiff's Mortgage with the exception of any special assessments that are superior pursuant to Florida
Statutes §159 (2006) and Florida Statutes §170.09 (2006).

12. TENANT #1, TENANT #2, TENANT #3 and TENANT #4, the names being fictitious to account
for parties in possession 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, or may otherwise claim an interest in the Property. The
names of these Defendants are unknown to the Plaintiff.WHEREFORE, Plaintiff requests that the Court ascertain the amount due Plaintiff for principal and interest on
the Mortgage 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 Mortgage Note and Mortgage are not paid immediately, the
Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiff's
mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2006); 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
Florida Statutes §697.07 (2006); 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.

COUNT II - RE-ESTABLISHMENT OF NOTE

13. This is an action to re-establish a lost Mortgage Note pursuant to Florida Statutes §673.3091

(2006).

14. Plaintiff incorporates by reference the allegations previous pled as fully set forth herein.

15. The Plaintiff and the Defendants named herein are the only persons known to Plaintiff to have an
interest for or against the re-establishment of the Mortgage Note.

16. Plaintiff was in possession of the Mortgage Note and entitled to enforce it when loss of possession
occurred or Plaintiff has been assigned the right to enforce the Mortgage Note. (Plaintiff does not presently have a
copy of the note, but is seeking to obtain a copy, and will file a copy with the Court when obtained.)

17. The terms of the Note are as follows:

a. Original loan amount: $ 159,568.76

b. Amount of monthly principal and interest payment: $1358.08
c. Interest rate: 9.640%

d. Loan beginning date: May 03, 2006

18. At some time between May 3, 2006, and the present, the Mortgage Note has either been lost or
destroyed and the Plaintiff is unable to state the manner in which this occurred. After due and diligent search,

Plaintiff has been unable to obtain possession of the Mortgage Note.19. The Mortgage Note has not been seized or transferred by Plaintiff.
WHEREFORE, Plaintiff requests that the Court re-establish the Mortgage Note which this Mortgage

secures.

Florida Default Law Group, P.L.

By:
Andrea D. Pidala
Florida Bar No. 0022848
Stephanie Lord

Florida Bar No. 44522
Christina N. Riley
Florida Bar No. 46836

HSBCCONSUMER-CONV-R-abivenFLORIDA DEFAULT LAW GROUP, P.L.

ATTORNEYS AT LAW
9119 CORPORATE LAKE DRIVE
3®? FLOOR
TAMPA, FLORIDA 33634
Please reply to: Telephone (813) 251-4766
Post Office Box 25018 Telefax (813) 251-1541

Tampa, FL 33622-5018
December 18, 2008
SUSAN BRAY

1407 W 10TH STREET
LEHIGH ACRES, FL 33972

Re:

Loan Number: 0014005748
Mortgage Servicer HSBC - CONSUMER LENDING
Creditor to whom BENEFICIAL FLORIDA INC.
the debt is owed:
Property Address: 4112 34TH STREET SW, LEHIGH ACRES, FL 33976
Our File No.: F08108933

Dear Borrower:

The law firm of Florida Default Law Group, P.L. (hereinafter referred to as "law firm") has been retained to
represent BENEFICIAL FLORIDA INC. with regards to its interests in the promissory Note and Mortgage executed
by SUSAN BRAYand LONNIE BRAY on May 3, 2006. Pursuant to the terms of the promissory Note and
Mortgage, our client has accelerated all sums due and owing, which means that the entire principal balance and all
other sums recoverable under the terms of the promissory Note and Mortgage are now due.

As of the date of this letter, the amount owed to our client is $157,047.24, which includes the unpaid
principal balance, accrued interest through today, late charges, and other default-related costs recoverable under the
terms of the promissory Note and Mortgage. Additional interest will accrue after the date of this letter.

This correspondence is being sent to comply with the Fair Debt Collection Practices Act and should not be
considered a payoff letter. Our client may make advances and incur fees and expenses after the date of this letter
which are recoverable under the terms of the promissory Note and Mortgage. Therefore, if you wish to receive
figures to reinstate (bring your loan current) or pay off your loan through a specific date, please contact this law firm
at (813) 251-4766 or client.services@defaultlawfl.com.

Unless you notify this law firm within thirty (30) days after your receipt of this letter that the validity of
this debt, or any portion thereof, is disputed, this law firm will assume that the debt is valid. If you do notify this
law firm in writing within thirty (30) days after receipt of this letter that the debt, or any portion thereof, is disputed,
this law firm will obtain verification of the debt or a copy of the judgment against you, if any, and mail it to you.
Also, upon your written request within thirty (30) days after your receipt of this letter, this law firm will provide you
with the name and address of the original creditor, if different from the current creditor. Florida Default Law Group,
P.L. is a debt collector. This law firm is attempting to collect a debt, and any information obtained will be used for
that purpose.

All written requests should be addressed to Andrea D. Pidala, Florida Default Law Group, P.L., P.O. Box
25018, Tampa, Florida 33622-5018.This law firm is in the process of filing a Complaint on the promissory Note and Mortgage to foreclose on
real estate. The advice in this letter pertains to your dealings with this law firm as a debt collector. It does not affect
your dealings with the Court, and in particular, it does not change the time at which you must answer the Complaint.
The Summons is a command from the Court, not from this law firm, and you must follow its instructions even if you
dispute the validity or amount of the debt. The advice in this letter also does not affect this law firm's relations with
the Court. This law firm may file papers in the suit according to the Court's rules and the judge's instructions.

Finally, if you previously received a discharge in a bankruptcy involving this loan and did not sign a
reaffirmation agreement, then this letter is not an attempt to collect a debt from you personally. This law firm is
seeking solely to foreclose the creditor's lien on real estate and this law firm will not be seeking a personal money
judgment against you.

If you have questions regarding this matter, please do not hesitate to contact this law firm.

Sincerely,

Florida Default Law Group, P.L.

NOTICE

Florida Default Law Group, P.L. is a debt collector. This Firm is attempting to collect a
debt, and information obtained may be used for the purpose.FLORIDA DEFAULT LAW GROUP, P.L.

ATTORNEYS AT LAW
9119 CORPORATE LAKE DRIVE
3* FLOOR
TAMPA, FLORIDA 33634.
Please reply to: Telephone (813) 251-4766
Post Office Box 25018 Telefax (813) 251-1541

Tampa, FL 33622-5018
December 18, 2008
LONNIE BRAY

1407 W 10TH STREET
LEHIGH ACRES, FL 33972

Re:

Loan Number: 0014005748
Mortgage Servicer HSBC - CONSUMER LENDING
Creditor to whom = BENEFICIAL FLORIDA INC.
the debt is owed:
Property Address: 4112 34TH STREET SW, LEHIGH ACRES, FL 33976
Our File No.: F08 108933

Dear Borrower:

~ this law firm will obtain verification of the debt or a copy of the judgment against you, if, any, and mail it to you.
Also, upon your written request within thirty (30) days after your receipt of this letter, this law firm will provide you
with the name and address of the original creditor, if different from the current creditor. Florida Default Law Group,
P.L. is a debt collector. This law firm is attempting to collect a debt, and any information obtained will be used for
that purpose.

Finally, if you previously received a discharge in a bankruptcy involving this loan and did not signa
reaffirmation agreement, then this letter is not an attempt to collect a debt from you personally. This law firm is
seeking solely to foreclose the creditor's lien on real estate and this law firm will not be seeking a personal money
judgment against you.

If you have questions regarding this matter, please do not hesitate to contact this law firm.

Sincerely,

Florida Default Law Group, P.L.

NOTICE

Florida Default Law Group, P.L. is a debt collector. This Firm is attempting to collect a
debt, and information obtained may be used for the purpose.INSTR # 2006000189581, Doc Type MTG, Pa

1 Pages 6, Recorded 05/09/2006 at 04:20 PM,
Charlie Green, Lee County Clerk of Circuit Court, Mtg Doc: $558.60 Int. Tax
$319.14 Rec. Fee $52.50 ) Deputy Clerk GWAITE

Return To:

Records Processing Services
577 Lamont Road
Elmhurst, IL 60126

MORTGAGE

311710
[)_ I bovis checked, this Mortgage secures future advances.

THIS MORTGAGE is made this _3R0 day of MAY 2 06 __, between the Mortgagor,
LONNIE D. BRAY AND SUSAN P. BRAY, HUSBAND AND WIFE

Therein “Borrower"), and Mortgagee BENEFTCTAL FLORIDA INC ,
a corporation organized and existing under the laws of — DELAWARE whose address is
7070-2 COLLEGE PARKWAY, COLLEGE PARKWAY PUBLIX, FORT MYERS, FL 33007

(herein "Lender")-

The following paragraph preceded by a checked box is applicable.

WHEREAS, Borrower is indebted to Lender in the principal sum of $ 159,568.76

oi by Borrower's Loan Agreement dated MAY 3, 2006 and any extensions or renewals thereof
(including those pursuant to any Renegotiable Rate Agreement) (herein “Note”), providing for monthly installments of

principal and interest, (including any adjustments in the amount of payments or the contract rate if that rate is
variable), with the balance of the indebtedness, if not sooner paid, due and payableon MAY 3, 2036 :

GL WHEREAS, Borrower is indebted to Lender in the principal sum of $ . oF so much
f a5 may be advanced pursuant to Borrower's Revolving Loan Agreement dated

and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and
under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and
providing for a credit limit stated in the principal sum above and an initial advance of $ ;

TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon,
including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3)
the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this
Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does
hereby Mortgage, grant and convey to Lender and Lender’s successors and assigns the following described property
located in the County of LEE State of Florida:

ALL THAT CERTAIN REAL ESTATE SITUATE IN THE COUNTY OF LEE,
STATE OF FLORIDA, VIZ:

LOT 16, BLOCK 16, UNIT 1, LEHIGH ACRES, SECTION 10, TOWNSHIP
45 SOUTH, RANGE 26 EAST, ACCORDING TO THE MAP OR PLAT
THEREOF ON FILE AND RECORDED IN PLAT BOOK 15, PAGE 96,
PUBLIC RECORDS OF LEE COUNTY, FLORIDA. TAX MAP OR PARCEL ID
NO.: 10-45-26-01-00016.0160

This instrument was prepared by: __MARY T. SALDOK

(Name)
7070-2 COLLEGE PARKWAY, COLLEGE PARKWAY PUBLIX, FORT MYERS, FL 33007

11-11-05 MTG FL001001INSTR # 2006000189581 Page Number: 2 of 6

Mortgage; and all of the foregoing, together with said Property (or the leasehold estate if this Mortgage is on a
leasehold) are hereinafter referred to as the "Property."

Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to Mortgage,
the

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall

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

Borrower shall pay
gum (the “Funds") to provide for payment of amounts due for: (a) tares and anncsonrents ant one items which can
attain priority over this Security Instrument as a lien or encumbrance on the Property;

Bround\ rents on the Property, if any; (c) premiums for any and all insurance required by

notice given in accordance with paragraph 12 and, upon such revocati
in such amounts, that are then required under this paragraph 2
Tender may, at any time, collect and hold Funds in an amount (2) sufficient to permit Lender to apply the Funds at
Be time specified under RESPA, and (b) not to exceed the maximum amount © lender ona require under the Real
Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq) and i implementing regulation, Regulation X (24

Boe ae eS tederally related mortgage loan” under RESPA. Lender shall estimate the amoore of Punds due on
the basis of current data and reasonable estimates of expenditures of future Escrow treme oe otherwise in accordance
with Applicable Law.

FLoo1002

*BA2403FASC84MTS7O00FL.C010020%xBRAY ORIGINAL

fn tenet st teen paneINSTR # 2006000189581 Page Number: 3 of 6

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 shal! notify Borrower as required by RESPA, or if the
deficiency is for taxes and insurance premiums, the lender will notify Borrower within 15 days after Lender receives
the notification of taxes due from the county tax collector or receives the notification from the insurer that a premium

is due. Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but
in no more than 12 monthly payments.

Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds
held by Lender.

3. Application of Payments or Proceeds. Except as otherwise described in this paragraph 3 or as may be
required by the Note andlor applicable law, all payments accepted and applied by Lender shall be applied in the
following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under
paragraph 2. Such payments shall be applied to each monthly payment in the order in which it became due. Any
remaining amounts shall be applied first to late charges, second to any other amounts due under this Mortgage, and
then to reduce the principal balance of the Note.

If Lender receives a payment from Borrower for a delinquent monthly payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than
‘one monthly payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
monthly payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists
after the payment is applied to the full payment of one or more monthly payments, such excess may be applied to any
fate charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the
Note.

Any application of payments, insurance proceeds, or other proceeds to principal due under the Note shall not extend
or postpone the due date, or change the amount, of the monthly payments.

4. Prior Mortgages and Deed of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations
under any Mortgage, Deed of Trust or other security agreement with a lien which has priority over this Mortgage,
including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes,
assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this
Mortgage, and leaschold payments or ground rents, if any.

5, Hazard 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 such other hazards as Lender
may require and in such amounts and for such periods as Lender may require.

‘The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender;
provided, that such approval shall not be unreasonably withheld, All insurance policies and renewals thereof shall be in
‘a form acceptable to Lender and shall include a standard Mortgage clause in favor of and in a form acceptable to
Lender, Lender shal! have the right to hold the policies and renewals thereof, subject to the terms of any Mortgage,
Deed of Trust or other security agreement with a lien which has priority over this Mortgage.

In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower.

If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date
notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender
is authorized to collect and apply the insurance proceeds at Lender’s option either to restoration or repair of the
Property or to the sums secured by this Mortgage.

6, Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments.
Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of
‘the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is
on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations
under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws
and regulations of the condominium or planned unit development, and constituent documents.

7, Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this
Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then
Lender, at Lender’s option, upon notice to Borrower, may make such appearances, disburse such sums, including
reasonable attorneys’ fees, and take such action as is necessary to protect Lender's interest. If Lender required
Mortgage insurance as a condition of making the loan secured by this Mortgage, Borrower shall pay the premiums
required to maintain such insurance in effect until such time as the requirement for such insurance terminates in
accordance with Borrower's and Lender's written agreement or applicable law.

‘Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note Rate, shall
become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other
terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting Payment thereof.
Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder.

8, Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property,
provided that Lender shall give Borrower notice prior to any such inspection on specifying reasonable cause thereof
related to Lender's interest in the Property.

9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation are
hereby assigned and shall be paid to Lender, subject to the terms of any Mortgage, Deed of Trust or other security

14-11-05 MTG al a nnn

*G42403FASCBAMTGTOOOFLOO1O0300°0RAY x

FL001003INSTR # 2006000189581 Page Number: 4 of 6

Extension of the time for payment or modification of
Lender to any successor in interest of Borrower and all

Personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other
forbear, or make any other accommodations with regard to the
rowers consent and without releasing that Borrower or modifying

Lender shall be given by first class or certified mail to

of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower’s obligations under any home
rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at

fianster to a relative resulting from the death of a Borrower, (t) a transfer where the spouse or children of the
Borrower become an owner of the property, (g) a transfer resulting from a decree of distor of marriage, legal

disposition described in regulations prescribed by the Federal Home Lean Bank Board, Borrower shall cause to be
Submitted information required by Lender to evaluate the transferee as if @ new lean nce being made to the
ffansferee, Borrower will continue to be obligated under the Note and thie Mortgage unless Lender releases Borrower
in writing.

If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage 10 be
immediately due and payable. If Lender exercises such option to accelerate, Lendee chall ce Borrower notice of
acceleration in accordance with paragraph 12 hereof. Such notice shall provide a reriod of nar tes than 30 days from
the date the notice is mailed or delivered within which Borrower may pay the sures declared duc It Borrower fails to
Pe he enum Prior to the expiration of such period Lender may, without further notice or demara no Borrower,
invoke any remedies permitted by paragraph 17 hereof.

NON-UNIFORM COVENANTS, Borrower and Lender further coven

*842403F ASC8¢MTG7000FLO0 19040™8RAYINSTR # 2006000189581 Page Number: 5 of 6

be immediately due and payable without further demand and may foreclose this Mortgage by judicial
proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but
not limited to, reasonable attorney’s fees, court costs, and costs of documentary evidence, abstracts and
title reports.

18, Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage
due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this
Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays Lender
all sums which would be then due under this Mortgage and the Note had no acceleration occured; (b) Borrower cures
all breaches of any other covenants or agreements of Borrower contained in this Mortgage: (c) Borrower pays all
reasonable expenses incurred by Lender in enforcing the covenants and agreement of Borrower contained in this
Mortgage, and in enforcing Lender’s remedies as provided in paragraph 17 hereof, including, but not limited to,
reasonable attorneys’ fees and court costs; and (c) Borrower takes such action as Lender may reasonably require to
assure that the lien of this Mortgage, Lender’s interest in the Property and Borrower's obligation to pay the sums
secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the
obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.

19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns
to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or
abandonment of the Property, have the right to collect and retain such rents as they become due and payable.

Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender shall be entitled to have a
receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the
Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of
management of the Property and collection of rents, including, but not limited to, receiver’s fees, premiums on
receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. The receiver shall be
fiable to account only for those rents actually received.

20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this Mortgage without charge
to Borrower, Borrower shall pay all costs of recordation, if any.

21. Attorneys’ Fees. As used in this Mortgage and in the Note, “attorneys’ fees" shall include attorneys’ fees, if
any, which may be awarded by an appellate court.

22. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby
incorporated by reference and made a part of this Mortgage.

(THIS SPACE INTENTIONALLY LEFT BLANK)

11-11-05 MTG FL001005

B42403FASCBAMTGTODOFLOO 10050"%BRAYINSTR # 2006000189581 Page Number: 6 of 6

REQUEST FOR NOTICE OF DEFAULT

~_—__———— AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST

any default under the Superior encumbrance and of any sale or other foreclosure action.

IN WITNESS WHEREOR, Borrower has executed this Mortgage.

NOTICE TO BORROWER
Do not sign this Mortgage if it contains blank spaces. All spaces should be completed before you sign,

Zw LW bay (sat)

LONNIE D BRAY “Borrower
4112 34 St Sw
(Address)

Lehigh Acres, Fl 33971

eS aan (Seal)

SUSAN P BRAY Og “Borrower
4112 34 ST sw

(Address)
Lehigh Acres, Fl 33971
(City, State, Zip Code)

STATE OF FLORIDA
COUNTY OF: ER

The forggoing instrument w: knowledged before me this _3rd day of May
0 ee “Ponnie Be Stan ray + Who is personally tnowa to me or who has produced
8 valid Florida Drivers License as identification and who did (did not) take an oath,
(SEAL)

My Commission expires:
(Signature of Notary)
(Notary’s name ~ typed or printed)

‘CHARD T/fODGKINS \

DDA45893

(Serial number of notary, if any)

STATE OF FLORIDA
COUNTY OF:
‘The foregoing instrument was acknowledged before me this day of
20. by Who is personally known to me or who has produced
as identification and who did (did not) take an oath.
(SEAL)
My Commission expires:
(Signature of Notary)
Notary’ . .
Notary Public (Notary’s name: typed or printed)
(Serial number of notary, if any)
(Space Below This Line Reserved For Lender and Recorder)
11-11-05. MTG FLoo1006

Case Info

Judge

Joseph C Fuller Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

March 23, 2009

Case Filing Date

December 23, 2008

County

Parties

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