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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL ACTION
DEUTSCHE BANK NATIONAL TRUST COMPANY
AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT SERIES ITF INABS
2005-A,
Plaintiff,
CASE NO. 2007-CA-008059-NC
VS. DIVISION C
B JASON HARWELL , et al,
Defendant(s).
/
NOTICE OF FILING
Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING
AND SERVICING AGREEMENT SERIES ITF INABS 2005-A, gives Notice of Filing of Original Mortgage and
Note.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by the U.S. Mail this
~ day of September, 2007, to all parties on the attached service list.
Echevarria, Codilis & Stawiarski
P.O. Box 25018
Tampa, Florida 33622-5018
(81 4766
A Q. PIDALA
FLORIDA BAR NO. 0022848
E. TYLER SAMSING
FLORIDA BAR NO. 0028380
% DAYOF
EN COURT THIS 0 |
FILED IN OPE T 0.
KAREN E. RUSHING, CLERK OF COURT
BY: DEPUTY CLERK
— eee
FILE_ NUMBER: F07022552 DOC_ID: M003100
TAN I
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(LIBOR Index - Rate Caps) _ 3 1-OS
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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 ! MUST PAY.
January 27, 2005 Sarasota Florida
[Date] [City] [State]
117 TINA ISLAND DR, Osprey, FL 34229
[Property Address]
_BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 500,000.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lenderis IndyMac Bank, F.S.B., a federally
chartered savings bank
I will make all payments under this Note 1n 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 7.500 %. 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 first day of each month beginning on March, 2005
I will make these payments every month until’ I have paid all of the principal and interest and any other charges
described below that J 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 February 1, 2035 , I still owe amounts under this Note, I
will pay those amounts in full on that date, which 1 is called the "Maturity Date."
I will make my monthly payments at IndyMac Bank, F.S.B., P.O. Box 78826, Phoenix, AZ
85062-8826
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 amountofU.S.$ 3,496.07 . This amount may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that [ 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 I will pay will change to an adjustable interest rate on the first day ofFebruary, 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 each date on which my adjustable interest rate could change
is called a "Change Date." !
Ioan No: 120781674
FLORIDA FIXED/ADJUSTABLE RATE NOTE - LIBORINDEX - Single Family
Form 4002 4/01
Page 1 of 4 MIN: 100055401207816747
8480249 (0104) VMP MORTGAGE FORMS - (800)521-7291
A A_~
(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
iiterbank offered rates for six-month U.S. dollar-denominatéd depos#s in the London market ("LIBOR"), as published in The
Wall Street Journal. The most recent Index figure available a’ 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 each Change Date, the Note Holder will calculate my new interest rate by adding five and 875/1000ths
percentage points ( 5.875 %) to the Current Index. The Note Holder will
then round the result of this addition to the nearest one-eighth 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 I am required to pay at the first Change Date will not be greater than 10.500 % or
less than 5.875 %. Thereafter, my adjustable interest rate will never be increased or decreased on any
single Change Date by more than 1.000 percentage point(s) (1. 000 $%) from the rate of interest I have been paying for the
preceding 6 months. My interest rate will never be greater than 13.500 %.
(E) Effective Date of Changes
My new interest rate will become effective on each 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
] 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 I have not made all the monthly payments due under this Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. 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 I 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. LOAN CHARGES
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 which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I 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 the end of 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 5.000 %
of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
Ioan No: 120781674
8480249 (0104) Form 4002 4/01
NLA THU(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.
i
+
(C) Notice of Default ,
If I 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 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 I 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 in full as described above, the Note Holder will have the night 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 attorneys’ 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 I am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder 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 I 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.
Loan No: 120781674
8480249 (0104) Page 3 of 4 Form 4002 4/01
AANA(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: *
a »
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. 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.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal) (Seal)
B JASON HARWELL - -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
Pay To T
y he Order Of [Sign Original Only]
_ Without Recourse
indyMac Bank, RS.B.
. 3 Ay,
First Vice Presid
Ioan No: 120781674
8480249 (0104) Page 4 of 4 Form 4002 4/01
UNASECOND HOME RIDER
THIS SECOND HOME RIDER is made this 27th day of January, 2005 , and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed
(the “Security Instrument”) of the same date given by the undersigned (the “Borrower,” whether there are one or
more persons undersigned) to secure Borrower’s Note to IndyMac Bank, F.S.B., a federally
chartered savings bank (the “Lender’’)
of the same date and covering the Property described in the Security Instrument (the “Property”), which is located
at:
117 TINA ISLAND DR, Osprey, FL 34229
[Property Address]
In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender
further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the
following:
6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower’s second
home. Borrower shall keep the Property available for Borrower’s exclusive use and enjoyment
at all times, and shall not subject the Property to any timesharing or other shared ownership
arrangement or to any rental pool or agreement that requires Borrower either to rent the
Property or give a management firm or any other person any control over the occupancy or use
of the Property.
8. Borrower’s Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with
Borrower’s knowledge or consent gave materially false, misleading, or inaccurate information
or statements to Lender (or failed to provide Lender with material information) in connection
with the Loan. Material representations include, but are not limited to, representations
concerning Borrower’s occupancy of the Property as Borrower’s second home.
[Signatures on Following Page]/]———o_o_ —_——__-_—_—___—_
Loan No: 120781674 MIN: 100055401207816747
Multistate Second Home Rider—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3890 01/01
—THE COMPLIANCE SOURCE, INC.— Page 1 of 2 14504MU 08/00 Rev. 11/04
www.compliancesource.com ©2004, The Compliance Source, inc.
TCHRINSTRAENT + 20e5an1s
d3 P68
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Second Home Rider.
sso) Bo (Sel) —sss—s—“‘ié‘i‘ ih OGSeall)
B JASON HARWELL -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
[Sign Original Only]
Loan No: 120781674
1OaNn NO: L4VU/010/8—
Multistate Second Home Rider—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3890 01/01
—THE COMPLIANCE SOURCE, INC.— Page 2 of 2 14504MU 08/00 Rev. 11/04
www.compliancesource.com ©2004, The Compliance Source, Inc.
IMO Le ltADDENDUM TO FIXED/ADJUSTABLE RATE RIDER
(Subprime)
THIS ADDENDUM to the Fixed/Adjustable Rate Rider is made this 27th day of
January, 2005 , and is incorporated into and shall be deemed to amend and
supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument")
and Fixed/Adjustable Rate Rider of the same date given by the undersigned (the "Borrower")
to secure Borrower's Note to IndyMac Bank, F.S.B., a federally chartered
savings bank
(the "Lender") of the same date and covering the property described in the Security
Instrument and located at:
117 TINA ISLAND DR, Osprey, FL 34229
[Property Address]
ADDITIONAL COVENANTS. In Addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
1. Section 4(D) of the Fixed/AdjustableRate Rideris modifiedas follows:
The interest rate | am required to pay at the first Change Date will not be greater than
10.500 % or less than 5.875 %. Thereafter, my interest rate
will never be increased or decreased on any single change Date by more than
one and NO/1000ths percentage point(s) ( 1.000 %)
from the rate of interest | have been paying for the preceding 6 months. My _ interest
rate will never be greater than 13.500 % or less than 5.875 %.
0H 0
Page 1 of 2 1075
8480345 (0112) VMP MORTGAGE FORMS - (800)521-7291 12/01
IndyMac Bank
Subprime ARM Addendum to Fixed/Adjustable Rate Rider
Multistate; . KS Rl ENT # nnenong,
2. All other provisions of the Fixed/Adjustable Rate Rider are unchanged by this
Addendum and remain in full force and effect.
Dated: S25 [OF
Seb) (Sell) (SI)
B JASON WELL -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
1075
8480345 (0112) Page 2 of 2 12/01co ~-
—
ROTRUMENT # 2005021561
'
i
13 PCS
EXHIBIT “A”
Lot 4, SORRENTO SHORES, Unit No. 3, a subdivision
according to the Plat thereof recorded in Plat Book 17, Pages
10 and 10A of the Public Records of Sarasota County,
Florida.ADDENDUM TO ADJUSTABLE RATE NOTE Loan ¢:
(Prepayment)
THIS ADDENDUM is made this 27th dayof January, 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 5 of the Adjustable Rate Note is modified to provide that | have the right to make
payments of principalat any time before they are due. A Prepaymentof all of the unpaid principalis known as a
"Full Prepayment.” A Prepayment of only part of the unpaid principal is known as a "Partial Prepayment."
Except as provided below, | may make a Full Prepayment or a Partial Prepayment at any time without
paying any Prepayment charge. If within the first two ( 2 ) year(s) | make a Partial
Prepayment or Partial Prepayment(s) of less than twenty percent (20%) of the originalprincipalamount in any
twelve (12) month period, ! will not pay a Prepaymentpenalty. However, if within the first two
( 2 ) year(s), | make a Full Prepayment, Partial Prepayment or Partial Prepayments of more than
twenty percent (20%) of the originalprincipalamount in any 12-month period, ! will pay a Prepaymentcharge in
an amount equal to the payment of six (6) months’ advance interest on the amount prepaidin excess of twenty
percent (20%) of the original principal amount.
If | make a Partial Prepayment equal to one or more of my monthly payments, the due date of my next
scheduledmonthly payment may be advanced no more than one month. If | make a Partial Prepaymentin any
other amount, | must still make all subsequent monthly payments as scheduled.
2. All other provisions of the Adjustable Rate Note are unchanged by this Addendum and remain in
full force and effect.
Dated: z§ [6
eos DS O S2 (Seal) (Seal)
B JASON HARWELDL . -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
IndyMac Bank and Federally Exempted Seller Use Only
Hard Prepayment Addendum (1-3 yrs) - ARM
First Mortgages - Multistate, Arkansas (loans over $150,000)
SPD #084
VMP Mortgage Solutions, Inc. (800)521-7291 (08/04)ADDENDUM TO ADJUSTABLE RATE NOTE
(Subprime)
Loan #: a
THIS ADDENDUM is made this 27th day of January, 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(D) of the Adjustable Rate Note is modifiedas follows:
The interest rate | am required to pay at the first Change Date will not be greater than
10.500 % or less than 5.875 %. Thereafter, my interest rate will never
be increased or decreased on any single change Date by more than one and NO/1000ths
percentage point(s) ( 1.000 %) from the rate of interest | have been paying for the preceding
6 months. My interest rate will never be greater than 13.500 % or less than
5.875 %.
2. All other provisionsof the Adjustable Rate Note are unchangedby this Addendumand remain in full
force and effect.
Dated: 25 ([O
(Seal) (Seal)
B JASON HARWELL -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
nce Ba MAA
Subprime ARM Note Addendum
Multistate
1074
8480344 (0112) VMP MORTGAGE FORMS - (800)521-7291 (12/01)TA. AER
Tse FP
Owe NOY COR NF
Ve RIE
ry VOTRIEIT 20
i a’ 3 2005 I ROL G5: ea F
“ag o° Prepared by or under the supervision-of: + vane C RUSHT NG
"eo Gina Usry | PLERK OF THE CIRCUIT COURT
[N f Natural P J Peuih COUNTY FEET
ame of Natural Person incajoresy7a7i
190 Technology Parkway “TEAGL TO Receipt#57e7
[Street Address] Doc Stame-Mort: 15750.00
Intang. Tax: 1:000.00
Norcross, GA 30092 . x A ok
[City, State Zip Code]
oN il i] tai age gage ,
Ui After recording please return to: We AT | !
no» 2 IndyMac , FE.S.B. c/o Document AT A | | |
Qe 3 Management 25021 eieBh i I UE A
“9 S [Company Name] :
Sf ¢
vs x [Name of Natural Person]
Chg 3465 E. Foothill Blvd.
[Street Address]
Pasadena, CA 91107
/
[City, Sfate Zip Code]
[Space Above This Line For Recording Data]
MORTGAGE
MIN: 100055401207816747
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 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 is dated January 27, 2005 , together
with all Riders to this document.
(B) “Borrower” is B JASON HARWELL
Borrower is the mortgagor under this Security Instrument.
(C) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone
number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
Loan No: 120781674
Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01
—THE COMPLIANCE SOURCE, INC.— Page 1 of 14 _-14301FL 11/04
www,.compliancesource.com © 2004, The Compliance Source, Inc.
irr
———
cst
cx
INSTRUMENT # 20000
13 POs
. .
(D) : “Lender” is IndyMac Bank, F.S.B., a federally chartered savings bank
Lenderisa Federal Savings Bank organized and existing under the laws of
United States of America . Lender’s addressis 155 North Lake
Avenue, Pasadena, CA 91101
(E) “Note” means the promissory note signed by Borrower and dated Janu 27, 2005 . The
Note states that Borrower owes Lender five hundred thousand and NOo/ 160ths
Dollars (U.S. $ 500,000.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not
laterthan February 1, 2035
(F) “Property” means the property that is described below under the heading “Transfer of Rights in the
Property.”
(G) “Ioan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest.
(H) “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]:
[| Adjustable Rate Rider T Condominium Rider bx | Second Home Rider
[| Balloon Rider | | Planned Unit Development Rider | | Biweekly Payment Rider
| | 1-4 Family Rider | | Revocable Trust Rider
[ xx] Other(s) [specify] Fixed/Adjustable Rate LIBOR Rider
(I) “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.
(J) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association or
similar organization.
(K) “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 electronic terminal, telephonic instrument, computer,
or magnetic tape so as to order, instruct, or authorize 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.
(L) “Escrow Items” means those items that are described in Section 3.
(M) “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: (1) damage to,
or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance
in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
Toan No: 120781674
AOA NOS L42U/6OL0F8 NN
Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01
-—THE COMPLIANCE SOURCE, INC.— Page 2 of 14 14301FL 11/04
www.compliancesource.com © 2004, The Compliance Source, Inc.
ce i) Wi(a
ANSTRUMENT # 2006021581
13 PCs
(O) : “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et 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 this Security
Instrument, “RESPA” refers to all requirements and restrictions that are imposed in regard to a “federally related
mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA.
(Q) “Successor in Interest of Borrower” means any 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.
County of Sarasota
[Type of Recording Jurisdiction], [Name of Recording Jurisdiction]
which has a legal description of:
Legal description attached hereto and made a part hereof.
which currently has the address of 117 TINA ISLAND DR
[Street]
Osprey , Florida 34229
[City] [Zip Code]
(“Property Address’):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.”
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s
successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right
to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing
and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
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 due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3.
Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or
other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender
unpaid, Lender may require that any or all subsequent payments due 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.
Loan No: 120781674
Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01
—THE COMPLIANCE SOURCE, INC.— Page 3 of 14 14301FL 11/04
www.compliancesource.com © 2004, The Compliance Source, Inc.
AA uj(ON
INSTRUMENT # 200302198)
: 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 15. Lender may
return 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 each Periodic Payment is applied as of
its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied
funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds
will be applied 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 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 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 due 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 due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment of the Periodic 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 Periodic Payments, such excess
may be applied to any late 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 Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by
Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of
Section 10. These items are called “Escrow Items.” 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,
and 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 shall 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 Lender 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 due 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 all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under
Loan No: 120781674
Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01
—THE COMPLIANCE SOURCE, INC.— Page 4 of 14 14301FL 11/04
www.compliancesource.com © 2004, The Compliance Source, Inc.
EMM—o
TACTRUMENT # 2OUSUZ1SR1
13 POS
RESPA: Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are 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, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. 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 12 monthly payments.
Upon payment in full of all 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 Property which can attain priority over this Security Instrument, leasehold payments or ground
rents 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 lien 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 (c) secures from
the holder of the lien 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, earthquakes 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,
either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time
charge for flood zone determination and certification services and subsequent charges each time remappings 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 review 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
Loan No: 120781674
Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01
—THE COMPLIANCE SOURCE, INC.— Page 5 of 14 14301FL 11/04
www.compliancesource.com © 2004, The Compliance Source, Inc.
A ul i(a
INSTRUMENT # 2005021681
13 PCS
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 5 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 shall 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 clause and shall name Lender as mortgagee and/or as an additional loss
payee.
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. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender’s security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender
has had an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction,
provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender’s security would be lessened, the insurance proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the
notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower’s rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower’s rights (other than the nght to any refund
of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower’s principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower’s principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in
writing, which consent shall not be unreasonably withheld, or unless extenuating circu
Preview
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL ACTION DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-A, Plaintiff, CASE NO. 2007-CA-008059-NC VS. DIVISION C B JASON HARWELL , et al, Defendant(s). / NOTICE OF FILING Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES ITF INABS 2005-A, gives Notice of Filing of Original Mortgage and Note. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by the U.S. Mail this ~ day of September, 2007, to all parties on the attached service list. Echevarria, Codilis & Stawiarski P.O. Box 25018 Tampa, Florida 33622-5018 (81 4766 A Q. PIDALA FLORIDA BAR NO. 0022848 E. TYLER SAMSING FLORIDA BAR NO. 0028380 % DAYOF EN COURT THIS 0 | FILED IN OPE T 0. KAREN E. RUSHING, CLERK OF COURT BY: DEPUTY CLERK — eee FILE_ NUMBER: F07022552 DOC_ID: M003100 TAN I + pitti1. ag ; Wares . 1 sprusTABLE RATEMOTE V0 le (LIBOR Index - Rate Caps) _ 3 1-OS ~~ 2k oP 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 ! MUST PAY. January 27, 2005 Sarasota Florida [Date] [City] [State] 117 TINA ISLAND DR, Osprey, FL 34229 [Property Address] _BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 500,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lenderis IndyMac Bank, F.S.B., a federally chartered savings bank I will make all payments under this Note 1n 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 7.500 %. 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 first day of each month beginning on March, 2005 I will make these payments every month until’ I have paid all of the principal and interest and any other charges described below that J 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 February 1, 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which 1 is called the "Maturity Date." I will make my monthly payments at IndyMac Bank, F.S.B., P.O. Box 78826, Phoenix, AZ 85062-8826 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 amountofU.S.$ 3,496.07 . This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that [ 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 I will pay will change to an adjustable interest rate on the first day ofFebruary, 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 each date on which my adjustable interest rate could change is called a "Change Date." ! Ioan No: 120781674 FLORIDA FIXED/ADJUSTABLE RATE NOTE - LIBORINDEX - Single Family Form 4002 4/01 Page 1 of 4 MIN: 100055401207816747 8480249 (0104) VMP MORTGAGE FORMS - (800)521-7291 A A_~ (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 iiterbank offered rates for six-month U.S. dollar-denominatéd depos#s in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available a’ 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 each Change Date, the Note Holder will calculate my new interest rate by adding five and 875/1000ths percentage points ( 5.875 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth 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 I am required to pay at the first Change Date will not be greater than 10.500 % or less than 5.875 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than 1.000 percentage point(s) (1. 000 $%) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 13.500 %. (E) Effective Date of Changes My new interest rate will become effective on each 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 ] 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 I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. 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 I 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. LOAN CHARGES 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 which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I 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 the end of 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 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. Ioan No: 120781674 8480249 (0104) Form 4002 4/01 NLA THU(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. i + (C) Notice of Default , If I 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 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 I 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 in full as described above, the Note Holder will have the night 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 attorneys’ 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 I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder 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 I 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. Loan No: 120781674 8480249 (0104) Page 3 of 4 Form 4002 4/01 AANA(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: * a » 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. 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) B JASON HARWELL - -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Pay To T y he Order Of [Sign Original Only] _ Without Recourse indyMac Bank, RS.B. . 3 Ay, First Vice Presid Ioan No: 120781674 8480249 (0104) Page 4 of 4 Form 4002 4/01 UNASECOND HOME RIDER THIS SECOND HOME RIDER is made this 27th day of January, 2005 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”) of the same date given by the undersigned (the “Borrower,” whether there are one or more persons undersigned) to secure Borrower’s Note to IndyMac Bank, F.S.B., a federally chartered savings bank (the “Lender’’) of the same date and covering the Property described in the Security Instrument (the “Property”), which is located at: 117 TINA ISLAND DR, Osprey, FL 34229 [Property Address] In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower’s second home. Borrower shall keep the Property available for Borrower’s exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. 8. Borrower’s Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower’s knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower’s occupancy of the Property as Borrower’s second home. [Signatures on Following Page]/]———o_o_ —_——__-_—_—___—_ Loan No: 120781674 MIN: 100055401207816747 Multistate Second Home Rider—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3890 01/01 —THE COMPLIANCE SOURCE, INC.— Page 1 of 2 14504MU 08/00 Rev. 11/04 www.compliancesource.com ©2004, The Compliance Source, inc. TCHRINSTRAENT + 20e5an1s d3 P68 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Second Home Rider. sso) Bo (Sel) —sss—s—“‘ié‘i‘ ih OGSeall) B JASON HARWELL -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] Loan No: 120781674 1OaNn NO: L4VU/010/8— Multistate Second Home Rider—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3890 01/01 —THE COMPLIANCE SOURCE, INC.— Page 2 of 2 14504MU 08/00 Rev. 11/04 www.compliancesource.com ©2004, The Compliance Source, Inc. IMO Le ltADDENDUM TO FIXED/ADJUSTABLE RATE RIDER (Subprime) THIS ADDENDUM to the Fixed/Adjustable Rate Rider is made this 27th day of January, 2005 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") and Fixed/Adjustable Rate Rider of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to IndyMac Bank, F.S.B., a federally chartered savings bank (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 117 TINA ISLAND DR, Osprey, FL 34229 [Property Address] ADDITIONAL COVENANTS. In Addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: 1. Section 4(D) of the Fixed/AdjustableRate Rideris modifiedas follows: The interest rate | am required to pay at the first Change Date will not be greater than 10.500 % or less than 5.875 %. Thereafter, my interest rate will never be increased or decreased on any single change Date by more than one and NO/1000ths percentage point(s) ( 1.000 %) from the rate of interest | have been paying for the preceding 6 months. My _ interest rate will never be greater than 13.500 % or less than 5.875 %. 0H 0 Page 1 of 2 1075 8480345 (0112) VMP MORTGAGE FORMS - (800)521-7291 12/01 IndyMac Bank Subprime ARM Addendum to Fixed/Adjustable Rate Rider Multistate; . KS Rl ENT # nnenong, 2. All other provisions of the Fixed/Adjustable Rate Rider are unchanged by this Addendum and remain in full force and effect. Dated: S25 [OF Seb) (Sell) (SI) B JASON WELL -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 1075 8480345 (0112) Page 2 of 2 12/01co ~- — ROTRUMENT # 2005021561 ' i 13 PCS EXHIBIT “A” Lot 4, SORRENTO SHORES, Unit No. 3, a subdivision according to the Plat thereof recorded in Plat Book 17, Pages 10 and 10A of the Public Records of Sarasota County, Florida.ADDENDUM TO ADJUSTABLE RATE NOTE Loan ¢: (Prepayment) THIS ADDENDUM is made this 27th dayof January, 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 5 of the Adjustable Rate Note is modified to provide that | have the right to make payments of principalat any time before they are due. A Prepaymentof all of the unpaid principalis known as a "Full Prepayment.” A Prepayment of only part of the unpaid principal is known as a "Partial Prepayment." Except as provided below, | may make a Full Prepayment or a Partial Prepayment at any time without paying any Prepayment charge. If within the first two ( 2 ) year(s) | make a Partial Prepayment or Partial Prepayment(s) of less than twenty percent (20%) of the originalprincipalamount in any twelve (12) month period, ! will not pay a Prepaymentpenalty. However, if within the first two ( 2 ) year(s), | make a Full Prepayment, Partial Prepayment or Partial Prepayments of more than twenty percent (20%) of the originalprincipalamount in any 12-month period, ! will pay a Prepaymentcharge in an amount equal to the payment of six (6) months’ advance interest on the amount prepaidin excess of twenty percent (20%) of the original principal amount. If | make a Partial Prepayment equal to one or more of my monthly payments, the due date of my next scheduledmonthly payment may be advanced no more than one month. If | make a Partial Prepaymentin any other amount, | must still make all subsequent monthly payments as scheduled. 2. All other provisions of the Adjustable Rate Note are unchanged by this Addendum and remain in full force and effect. Dated: z§ [6 eos DS O S2 (Seal) (Seal) B JASON HARWELDL . -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower IndyMac Bank and Federally Exempted Seller Use Only Hard Prepayment Addendum (1-3 yrs) - ARM First Mortgages - Multistate, Arkansas (loans over $150,000) SPD #084 VMP Mortgage Solutions, Inc. (800)521-7291 (08/04)ADDENDUM TO ADJUSTABLE RATE NOTE (Subprime) Loan #: a THIS ADDENDUM is made this 27th day of January, 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(D) of the Adjustable Rate Note is modifiedas follows: The interest rate | am required to pay at the first Change Date will not be greater than 10.500 % or less than 5.875 %. Thereafter, my interest rate will never be increased or decreased on any single change Date by more than one and NO/1000ths percentage point(s) ( 1.000 %) from the rate of interest | have been paying for the preceding 6 months. My interest rate will never be greater than 13.500 % or less than 5.875 %. 2. All other provisionsof the Adjustable Rate Note are unchangedby this Addendumand remain in full force and effect. Dated: 25 ([O (Seal) (Seal) B JASON HARWELL -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower nce Ba MAA Subprime ARM Note Addendum Multistate 1074 8480344 (0112) VMP MORTGAGE FORMS - (800)521-7291 (12/01)TA. AER Tse FP Owe NOY COR NF Ve RIE ry VOTRIEIT 20 i a’ 3 2005 I ROL G5: ea F “ag o° Prepared by or under the supervision-of: + vane C RUSHT NG "eo Gina Usry | PLERK OF THE CIRCUIT COURT [N f Natural P J Peuih COUNTY FEET ame of Natural Person incajoresy7a7i 190 Technology Parkway “TEAGL TO Receipt#57e7 [Street Address] Doc Stame-Mort: 15750.00 Intang. Tax: 1:000.00 Norcross, GA 30092 . x A ok [City, State Zip Code] oN il i] tai age gage , Ui After recording please return to: We AT | ! no» 2 IndyMac , FE.S.B. c/o Document AT A | | | Qe 3 Management 25021 eieBh i I UE A “9 S [Company Name] : Sf ¢ vs x [Name of Natural Person] Chg 3465 E. Foothill Blvd. [Street Address] Pasadena, CA 91107 / [City, Sfate Zip Code] [Space Above This Line For Recording Data] MORTGAGE MIN: 100055401207816747 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 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 is dated January 27, 2005 , together with all Riders to this document. (B) “Borrower” is B JASON HARWELL Borrower is the mortgagor under this Security Instrument. (C) “MERS” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Loan No: 120781674 Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —THE COMPLIANCE SOURCE, INC.— Page 1 of 14 _-14301FL 11/04 www,.compliancesource.com © 2004, The Compliance Source, Inc. irr ——— cst cx INSTRUMENT # 20000 13 POs . . (D) : “Lender” is IndyMac Bank, F.S.B., a federally chartered savings bank Lenderisa Federal Savings Bank organized and existing under the laws of United States of America . Lender’s addressis 155 North Lake Avenue, Pasadena, CA 91101 (E) “Note” means the promissory note signed by Borrower and dated Janu 27, 2005 . The Note states that Borrower owes Lender five hundred thousand and NOo/ 160ths Dollars (U.S. $ 500,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not laterthan February 1, 2035 (F) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.” (G) “Ioan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) “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]: [| Adjustable Rate Rider T Condominium Rider bx | Second Home Rider [| Balloon Rider | | Planned Unit Development Rider | | Biweekly Payment Rider | | 1-4 Family Rider | | Revocable Trust Rider [ xx] Other(s) [specify] Fixed/Adjustable Rate LIBOR Rider (I) “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. (J) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) “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 electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize 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. (L) “Escrow Items” means those items that are described in Section 3. (M) “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: (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. Toan No: 120781674 AOA NOS L42U/6OL0F8 NN Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 -—THE COMPLIANCE SOURCE, INC.— Page 2 of 14 14301FL 11/04 www.compliancesource.com © 2004, The Compliance Source, Inc. ce i) Wi(a ANSTRUMENT # 2006021581 13 PCs (O) : “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et 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 this Security Instrument, “RESPA” refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA. (Q) “Successor in Interest of Borrower” means any 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. County of Sarasota [Type of Recording Jurisdiction], [Name of Recording Jurisdiction] which has a legal description of: Legal description attached hereto and made a part hereof. which currently has the address of 117 TINA ISLAND DR [Street] Osprey , Florida 34229 [City] [Zip Code] (“Property Address’): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 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 due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due 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. Loan No: 120781674 Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —THE COMPLIANCE SOURCE, INC.— Page 3 of 14 14301FL 11/04 www.compliancesource.com © 2004, The Compliance Source, Inc. AA uj(ON INSTRUMENT # 200302198) : 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 15. Lender may return 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 each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied 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 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 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 due 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 due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic 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 Periodic Payments, such excess may be applied to any late 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 Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow Items.” 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, and 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 shall 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 Lender 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 due 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 all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under Loan No: 120781674 Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —THE COMPLIANCE SOURCE, INC.— Page 4 of 14 14301FL 11/04 www.compliancesource.com © 2004, The Compliance Source, Inc. EMM—o TACTRUMENT # 2OUSUZ1SR1 13 POS RESPA: Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are 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, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. 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 12 monthly payments. Upon payment in full of all 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 Property which can attain priority over this Security Instrument, leasehold payments or ground rents 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 lien 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 (c) secures from the holder of the lien 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, earthquakes 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, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings 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 review 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 Loan No: 120781674 Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —THE COMPLIANCE SOURCE, INC.— Page 5 of 14 14301FL 11/04 www.compliancesource.com © 2004, The Compliance Source, Inc. A ul i(a INSTRUMENT # 2005021681 13 PCS 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 5 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 shall 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 clause and shall name Lender as mortgagee and/or as an additional loss payee. 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. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender’s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender’s security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower’s rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower’s rights (other than the nght to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower’s principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower’s principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circu