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Filing # 30587934 E-Filed 08/07/2015 12:36:49 AM
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT, IN
AND FOR SAINT LUCIE COUNTY,
FLORIDA
CIVIL DIVISION
CASE NO.: 2015CA000889
SANTANDER BANK, N.A.
Plaintiff,
vs.
GIROLAMO RUSSO; MELISSA D. RUSSO
A/K/A MELISSA RUSSO; ANY AND ALL
UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER, OR AGAINST THE
HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO
BE DEAD OR ALIVE, WHETHER SAID
UNKNOWN PARTIES MAY CLAIM AN
INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS;
UNKNOWN TENANT(S) N/K/A JUSTIN
MCMULLEN and UNKNOWN TENANT II
N/K/A JOSH PARIS
_.Defendants. /
VERIFIED AMENDED COMPLAINT
Plaintiff, SANTANDER BANK, N.A., sues Defendants, GIROLAMO RUSSO;
MELISSA D. RUSSO A/K/A MELISSA RUSSO; ANY AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER, OR AGAINST THE HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID
UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS, UNKNOWN TENANT(S) N/K/A JUSTIN
MCMULLEN and UNKNOWN TENANT II N/K/A JOSH PARIS, and alleges:
PH # 58806
Page |
PHELAN HALLINAN DIAMOND & JONES, PLLC
2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309
Tel: 954-462-7000, Fax: 954-462-7001ACTION TO FORECLOSE MORTGAGE
1. This is an action to foreclose a Mortgage on real property in SAINT LUCIE County,
Florida.
v
On October 14, 2005, GIROLAMO RUSSO and MELISSA D. RUSSO A/K/A
MELISSA RUSSO executed and delivered a promissory Note in favor of
CONTEMPORARY MORTGAGE SERVICES, INC. and a Mortgage securing payment
of the aforesaid Note to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC, AS NOMINEE FOR CONTEMPORARY MORTGAGE SERVICES, INC., which
Mortgage was recorded on November 2, 2005, in Official Records Book 2402, Page
2871, in the Public Records of SAINT LUCIE County, Florida, and which mortgaged the
property described therein, then owned by and in possession of said mortgagors. A copy
of said Note and Mortgage being attached hereto as marked Plaintiff's Exhibits "A" and
“BY
3. Said Mortgage was subsequently assigned from MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CONTEMPORARY
MORTGAGE SERVICES, INC. to SOVEREIGN BANK, by virtue of an Assignment of
Mortgage, recorded on January 20, 20 16, in Official Records Book 3163, Page 1435, in
the Public Records of SAINT LUCIE County, Florida. A copy of said Assignment of
Mortgage is attached hereto, marked Plaintiff's Exhibit "C".
4. Effective January 26, 2012, SOVEREIGN BANK changed its name to SOVEREIGN
BANK, N.A. As a result, SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK is the
surviving name of these banks. Because of the change, no assignment of the promissory
note and mortgage was necessary; rather, the subject loan documents are now held by the
entity now known as SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK. A copy
of the certificate of said change is attached hereto as Exhibit “D”.
PH # 58806
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PHELAN HALLINAN DIAMOND & JONES, PLLC
2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309
Tel: 954-462-7000, Fax: 954-462-70015. Effective October 17, 2013, SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK.
changed its name to SANTANDER BANK, N.A. As a result, SANTANDER BANK,
N.A. is the surviving name of these banks. Because of the change, no assignment of the
promissory note and mortgage was necessary; rather, the subject loan documents are
now held by the entity now known as SANTANDER BANK, N.A., and which is now
the name of the Plaintiff in the above-styled court action. A copy of the certificate of
said change is attached hereto as Exhibit “E”.
6. The above referenced Mortgage and Note were modified by virtue of a Modification
Agreement. Recording information is unavailable at this time. A copy of said
Modification Agreement is attached hereto as Exhibit "F".
7. Plaintiff is in physical possession of the Note endorsed in blank, which is the subject of
this action and therefore, is the holder of that Note.
8. Said property is now owned by Defendant GIROLAMO RUSSO, by virtue of that certain
defective Quit Claim Deed, recorded on September 27, 2011, in Official Records Book
3327, Page 1782, in the Public Records of SAINT LUCIE County, Florida.
9. Said Note and Mortgage are in default in that the payment due March 1, 2012 and all
subsequent payments have not been made.
10. Plaintiff declares the full amount due under said Note and Mortgage to be now due.
11. There is now due, owing and unpaid to Plaintiff $176,156.85 on principal plus interest
on said Note and Mortgage from February 1, 2012 together with late charges, title search
expense for ascertaining necessary parties to this action, real estate taxes, insurance
premiums, Mortgage insurance premiums, costs and expenses incurred by Plaintiff in
securing the property described in the Mortgage, and attorney's fees all of which Plaintiff
may become obligated to pay in order to protect the property described in the Mortgage
and to recover the sums due to the Plaintiff, all of which are secured by the lien of the
Mortgage herein sought to be foreclosed.
PH # 58806
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PHELAN HALLINAN DIAMOND & JONES, PLLC
2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309
Tel: 954-462-7000, Fax: 954-462-700112, Defendant, MELISSA D. RUSSO A/K/A MELISSA RUSSO, is joined because she may
have or claim some right or interest on the subject property as Mortgage and Note signer.
Said interest is subject, subordinate and inferior to the interest of the Plaintiff's Mortgage.
13. The Defendant, UNKNOWN TENANT(S) N/K/A JUSTIN MCMULLEN, may have or
claim some right, title or interest in and to the property herein sought to be foreclosed by
virtue of an unrecorded lease or purchase option or by virtue of being in actual possession
of same.
14. The Defendant, UNKNOWN TENANT II N/K/A JOSH PARIS, may have or claim some
right, title or interest in and to the property herein sought to be foreclosed by virtue of an
unrecorded lease or purchase option or by virtue of being in actual possession of same.
15. All of the above-mentioned recordings in Official Records Book(s) were in Official
Records of SAINT LUCIE County, Florida.
16. Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their
services.
17, The Plaintiff further alleges that the claim, lien, right, title and interest of all the
Defendants herein named and hereafter made parties to this suit are subject, subordinate
and inferior to the right, title, interest and lien of the Plaintiff's Mortgage herein sought to
be foreclosed.
18. All conditions precedent to the institution of this action by the Plaintiff have been
performed or have occurred.
19. Pursuant to the Fair Debt Collection Practices Act, you are advised that this law firm is
deemed to be a debt collector attempting to collect a debt and any information obtained
will be used for that purpose.
PH # 58806
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PHELAN HALLINAN DIAMOND & JONES, PLLC
2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309
Tel: 954-462-7000, Fax: 954-462-7001SANTANDER BANK, N.A.. vs. GIROLAMO RUSSO, et al
WHEREFORE, the Plaintiff prays that the Court enter judgment foreclosing the Mortgage,
grant Plaintiff its reasonable attorney's fees, enter an order granting Plaintiff a writ of possession
of the mortgaged property and such other or further relief as Plaintiff may be entitled to receive,
and, if the proceeds of the sale are insufficient to pay Plaintiff's claim, a deficiency judgment,
except where a discharge in Bankruptcy is applicable.
Phelan Hallinan Diamond & Jones, PLLC
Attomeys for Plaintiff
2727 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Tel: 954-462-7000
Fax: 954-462-7001
Service by email; FL, Service @ PhelanHallinan.com
‘Jonathan A. Cramer, Esq., Florida Bar No. 109422
Emilio R. Lenzi, Esq., Florida Bar No. 0668273
VERIFICATION OF COMPLAINT
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged there in
are true and correct to the best of my knowledge and belief.
SANTAND) ER BANK, N.A.
om
PH # 58806
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PHELAN HALLINAN DIAMOND & JONES, PLLC
2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309
Tel: 954-462-7000, Fax: 954-462-7001Exhibit “A”® 6
vont manga
. NOTE
OCTOBER 14 +2008 ALTAMONTE SPRINGS Fh
(Due} tory) [Ban]
391 8H SOUTH QUICK CIRCLE
PORT SAINT LUCIE, Fl 34953
SPreposty Address}
1. BORROWER'S FROMISE TO PAY
fy retum for x loco that T have teceived, 1 prumise to pay US. $ 165,100.00 (his amount is called
Principal”), plus hotest, to theosce of the Lender. Tha Leader is
CONTEMPORARY MORTGAGE SERVICES, INC.,
» Lill mke:
afl payments undor this Note in the fora of cash, check or money ocder.
1 worlerstand that the Lander may tranafor this Note. ‘The Lenvler of anyoat whe takes thin Note by trastfer aod who fs
‘enticed in receive peyanents wader this Note is called the "Note Haldar,”
2, INTEREST
Interest will be charged ca onpaid principal wut the full amount of Principal has been paid. ¥ will pay Interest at a yearly
meof 5,875 %
‘The interest rate required by this Section 2 is the mite { will pay both before and after any defeult described in Section 6(5)
of thie Note,
3. PAYMENTS:
(A) Time and Place of Payonents
I will pay principal and interest by making a payment every month,
{will make my moothly payment onthe 197 day of cach woonth heglaning Os DECEMBER 1, 2005.
Twill make these payroents every mouth untit [ have paid all of the principal and faterect and aay otber charges dencribed
below that Kmay owe wader this Not. Each monthly payment wilt be applled as of its scheduled due daic and will be applied
to interest before Principal. 1f, on MOVEMBER 1, 2035 , Eallll owe asmouxte under thin Note, # will pay those
arpousts in full on that data, whlch ts called the "Maturity Dato."
Iwill make my monthly payarents at
CONTEMPORARY MORTGAGE, 498 PALM SFGS. DR., #220,ALT, GPRINGE, FL 32701
or of n different place If roqulted by the Note Holder.
(B) Aasount of Mosthiy Payoents
‘My monthly paymant will be im the mnoust of U.8, § 376.63 .
4, BORROWER'S RIGHT TO PREPAY
Thave the right to make paymente of Principal at any tiow before they are duc. A payroent of Principal only ix known 2s
a “Propeyment,” When T makes Prepayment, J will tof the Note Holder in waiting that I am doing eo, Cmay aot desigaate «
payment us a Prepayment f {have not made all the monthly payments due wader the Note,
Amay moske a fall Propaymcot of pattial Prepayments withoot paylog « Prepsyowet charge, The Note Holter wilt uso my
Prepayments to raluce the soxumt of Principal that 1 owe under this Now, However, the Note Holder’ aay poly my
Prepayenond 40 the sccraad and unpaid intron ow the Prepayment amount, before applying my Prepeyment to reduce the
Princlpad omowd of the Note, 1 Trosake o partial Peepayment, here will be no changes in the due date or ja the amowst of
ray mouthly payment unless the Note Holder agreet in writing to those changes.
5, LOAN CHARGES
Hf a baw, which applicg to Unis Joan and whick eoty maximum loas charges, [8 Bully iwtetyresed #0 thet the interest oF
other lnen chinges collected or ta de cotlosted in camnection with this loun excwed the potenti Hane, thea (a) my mach
oan chacge shall be reduced by the siwount neamsay 60 retluon tho eliarys to the pected tions; end (0) any stone abeeedhy
collected from me which exceeded pecmaittd timits will be veluxdss te mo. The Note Holder may choone t© amake tae retnasd
by reduclog the Principal T owe under this Note ot by making 2 direct payment to woo. Wf refund educes Principal, the
reduction will he ercated at n partial Propaymseat.
WRLITATE WO MATE NOTE Sep Fay - ah Mee seni py,
ee Poets a oe
EXHIBIT _/6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Lote Charges for Overdios Paymds
+ ithe Note Holder bas oot reonived! the fall seregunt of any saoathly payment by theend of 2% calendar days after the
diate it is dio, 1 will pay e late chute to the Nole Holder. ‘The amount of the charge will be §. 000 % of ary overtue
payment of principal and interest, f will pay this lve charge promptly but only once on each Iste payment.
@) Default
JET do aot pay che foil acount of each moethly payment on tha date it is due, 1 will be in default,
(C} Notice of Detoult
Jf fama in default, the Note Holder may send me s written notioe telling one that if1 do wot pay the overdue arscunt by a
certain date, the Note Holder may toquire me to pay immediazely tbe full amount of Frtucipal which has not been paid and all
‘he intorest than } owe on that mmouat. ‘That date mus be at least 30 days after the date on which the notion ix mailed! to aae oF
delivered by other means,
4D), Na Waiver By Nols Haldar
Even if, ot a thw whoa 1 sm in default, the Note Holder does not require me 10 pay jmmediately in full an described
above, the Note Holder will still have the right to do so if¥ am ia default ot a leter tie,
Q Poymscat of Note Holder's Costs snd Expenues
Ifthe Note Holder has required me 1 pay imenedlately in full ws deacuibod sbove, the Nose Holder wil bave the right sa
bbe paid hack by me for al of its costs and expenses in enforcing thie Note to the extent not probibited by epplicable Jaw,
‘Tuco: expenses include, for example, ressonnble stiomeys’ foes.
‘7. GIVING OF NOTICES
ntean appticable law mquiret s different method, any notice that must be given fo me under this Note will be given by
delivering it oF by mailing 1 by first class meil to ane at the Property Adres above or at a different addees {f { give the
Note Halder a notice of my different acdiese,
‘Aur aotice that mut be given to the Note Holder undor this Note will be given by delivering it or by malling it by first
fren mall to the Note Hotdor atthe edkiens ttted in Soction 3(A) above oF ot « different addcasa if ama given » nation af that
different addres,
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
He more then one peovon sigy this Note, each pertow ie fully wad personally cbtigaed to koop: oll of the promises made in
this Note, including the promise ta pry the full woxnat owed. Any pomon who ia e guniamor, sursty of eadorsec of this
Note is also obligated to do theso things. Any pemsen who takes over these ubifgstions, including tho obtigtions of ¢
uatnntor, musely or cadinscr Of Uhin Note, ix alee obligated to koep all of the promises made in thix Note. The Note Holder
tony enlisce it rights andes this Nowe agsing exch person individually or against all of us together, This means thet any one
‘of su may be tequited 16 pay all of the amasots coved under this Nate.
9%, WAIVERS
J and aay other person who hn obligations under thie Note waive the rights of Preseatment and Notice of Dishonor.
"Peesentmment” means the ght to require the Noto Halder to demand payment of announts due. "Notice of Dishonor* means
‘he sight to require the Note Holder to glve satlce 1 other pevsdms that amounts due have axe bees pid.
10, UNIFORM SECURED NOTE
“This Note fa a uniform invtument with Fnited variotions in some jotisdicatons. in edfiion to the protections gives ta the
‘Note Holder ander this Note, 2 Morigage, Deed of Tit, oF Security Dead {the “Security Tnstnunent"), dated the same date
va this Note, protects the Note Holder from poasible lasses whick right result if 1 do aot keep the promises which { make io
{Hin Note, ‘That Seomity Instumust describes how nail under est conditions U mony toe tguited to imake immediate paymmect
in fell Of all emavats Tow under this Note, Some of those exmditions ate described 1s toms:
If all of any part of tho Broperty ot any Interest in the Property is sold of iensfetred (at if Borrower is
fot a natural petaon and s beneficial interest in Boerowar in sold or trancierred) without Leader's prior
vweitica coment, Louder may esquire tomedinde peymeat In full of all sums secuted by this Security
Ansinament. However, this option shell not be excttived by Lender if such cxereise is prohibited by
Applieaile Law,
1f Lender exercises this option, Leodes ehall give Bonower notice of exesieration. The motlor shall
provide a period of nat leas than 20 days from the date uhe notice ix given io acmirdance with Section 15
withia which Borrower must pay all sums scowted by this Security fattrument. iC Borrower falls to pay these
‘suns priot to the expiration of this period, Lender may invoke any remeicx geimitted hy this Security
Instruraent without further notloe oF demand on Boixower
== eee ek pen ne
ee peas LL wna.WINESS THE HANDXS) AND SEALS) OF THE UNDERSIGNED,
wri (eal) a {Seal}
Beceem Bare
Seiad Socurity Number Social Security Number ii
[Sign Original Onbyy
MULNSTATE FORD RATE MOTE - Single Pally » feunle Moclroile Moc UNIVORM IRATRUMENT FORM 3280 205
FRE Oem Pege 303Exhibit “B”’° EOWAN M. FRY, J, |
SAINT Lucie Couiery OF THE CCU court
Pa AE 111022208 ot 09
DOC STAMP ¢;
INTANGIBLE Tax Saat B78
REVIEWED/TG
Hapadad oy habaate oaths, 30 employoe of Fits:
aatiean Tale Ine, Co, 12780 Wetorford Lawes
Pav, Sty. 135, Oriannto, Fb. 82828
Aker Rocnttn n
ipa ategee ta se Pe Pea it nannies
MORIGAGE
REERNIUQNS
‘Words und in muhiple sections of thin document are defined balow ond utver words mre dafiqed in Sections 3,
Tt, 33, (8, 20 wad 21. Carin ruber regeeding the wane of words ued in this document are aloo provided bs
Seotlon 1G,
1A) “Security instrament" monas this docutpent, erhich is dated OCTORER 14, 2005 .
together with ail Riders to this docuraesat,
(8) Borrower is
MELINA D. RUSSO AND GIROLAMO RUSSO, MUSBAND AND WISE,
Borrower fa the ssengagor under thls Securiny tastrsmnent. {
AC) "REERS” Ip Mortgage Elmtronic Regicintion Syens, inc, MERS is = veparnte corporation that is
sexing woiely wt « nominee for Lender snd Lenders wecemors end astignn MERS ty the beneficiary nader
thls Secusity Inviramont MERS Is organized aad existing under the lnws of oct han mn adress
end tabephone pusnber of P, O. Box 206, Plkat, btichiig 48801-2026, tal
{P} Lender" is CONTEMPORARY MORTGAGE SERVICES, INC,
‘Lender is @
ovganined sed exiting wander tye bews of ‘THE STATE OF FLORIDA . |
Lender's eciren is 698 PALM SPRINGS DRIVE, SUITR 220
ALTAMONTE SPRINGS, FL 32901 : .
(EB) "Note" manus the prouissory nose signed by Barrawer wd dated OCTOBER 14, 2023 . |
"The Note ovata thes Borrower owes Lendes
‘ONT BUNDRED SUCTY-FIVE THOUSAND ONE HUNDRED AND 60/100 |
Dotlers (0.8. $ 10.08 } plas interest, Borrower bes promised oo pay this debt tn regular t
Peslodic Payments and to pay the dete in Rall not teuer than NOVEMBER 1, 7035 .
FLORIDA - Singhs Farry » Fartte ManrProsicte Moe: REFER
‘Fores 3040 4/85
Fearne Se, BER ASHER
tom
PLR SRL Bm AAP GAD Lo(F) “Property” means the property thet is described below under the heading “Transfer of Rights in the
Property,*
(G) “Loza™ mows the debt evidenced by the Note, plus interns, any prepayment charges mad iste charges
due under the Note, end all sums dus under this Security instrument, plus interest,
{H) “Riders” means sil Riders to this Security Instrument that are exocuted by Borrower. The following
Riders wre to be executed by Borrower [chock box @3 applicable]:
Adjusabls Rate Rider Condominiums Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1 Family Rider
Biweekly Payment Rider VA. Rider
Other(s) (specify)
{) “Applicable Law" means of! controlling applicable federal, stete snd jocal statutes, regulations,
ordinances end edminiswrmive rules end orders (thet have the effect of law) as well «3 all applicable final,
noo-appoatable judicial opinions.
() “Commusity Amocation Dues, Fess, and Assesmente” moans al} dues, fees, asscamnents aid other
charges that sro imposed oa Borrower or the Property by a condominium amocistion, homeowners association
oe sitaller organization.
(HQ ‘Blectronte Funds Trapster" means any transfer of funds, other than 2 transaction originated by check,
draft, or similar paper instrument, which is initiated through an cloctronis terminal, telephonic ingtrument,
computes, or magnetic tape 60 as to order, instruct, or euthotize a financial ineitutlen to debit or credit an
account Such tena inchides, but is not limited to, poistof-ato transfers, eutomemd teller machine
trenmctions, transfers initixted by telephone, wire transfers, and sutamated clearinghouse trensfers.
(L) "Barrow east” means those ivems that are described in Section 3.
QM) “Wisceliemcoas Proceeds” means any compensation, sotemeat, award of damages, or procends paid by
any third party (other then insurence proveeds paid under the coverages described in Section $} for: G) damage
to, -or destruction of, the Property; {il) condecination or other taking of all or eny part of the Property; (iii)
canveyanoe in lle of condemnation; or (iv) misrepresentations of, or omissions as to, the value md/or
sondition of thy Property.
«§) “Mortgage Inearnace” moans inmrancs protecting Lender ageing. the nonpayment of, o7 default on, the
Loan.
{Q) “Periodic Payment" mens the regularly scheduled amount due for (@) principel and interest under the
Note, plas (6) aay amounts under Section 3 of this Security Instrunent.
(PF) “RESPA" means the Real Butte Seulement Procedures Act (12 U.S.C. §2601 e seq.) and is
implomenting regulation, Regulation X (24 C,P.R, Pert 3500), ms they might be enended from ume to thme,
or any additions! or successor legislation or regulation that governs the same subject matter. Aa used in this
Security instrument, “RESPA* refers to all requirements and restrictions that ere imposed in oegerd to a
“federally related mortgage flown” even if the Loan does mot quallfy as = “fedorally roleted mortgage oan”
under RESPA,
(Q "Swocessor le lateres of Borrower" means any party that hes token title to the Property, whether or not
that party hes assumed Borrower's obligations under the Note and/or this Security instrument,
FLGRIDA - Single Family « fannie Geeffreddie Hes UMFORE HITTHUM
Forres 3045 04
aber Borman tre, BOF 440-4553
LA SFA S10-8e TAT Cage 3 of 93 me
@TRANSEER OF RIGHTS IN THE PROPERTY
This Security Insrument secures to Lender: (7) the repayment of the Lom, and ali renewals, extensions and
modifications of the Note; aid (if) the performance of Borrower's covatents avd agreements under this
Security Instrument md the Nets. For this purpose, Borrower does hereby mortgage, gremt and convey to
MERS (solely 2s nomines for Leader and Londes’s suovessora end assigns) md to the muocemors and ensigns of
MERS, the following described property loomed in the
COUNTY of ST. LUCIE :
Typo ot Peacon.ng suri eg fern ot Pemarstog Aste cary
LOT M4, BLOCK 23468, OF PORT ST. LUCIE SECTEON THIRTY-FOUR, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN FLAT BOOK 15, PAGES 9, 94, THROUGH #W, OF THE
FUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA
which currently tas the address of 331 SW SOUTH QUICK CIRCLE
PORT SAINT LUCIC » Florida Mes (Property Addrem"}
(ay) ay Gren}
TOGETHER WITH all the improvements now or hereafter erected on the property, and al! extements,
appurtenascea, and fictures now or hereafter a part of tha property. All replacements and additions shall ulso
be covered by this Security instrument. All of the foregoing i referred to in this Security Instrument as the
"Property." Gorrawer understands and agrees that MERS holds only legal title wo the interests grunwd by
Borrower in this Security Instrument, but, if necessary m comply with lew or custom, MERS (es nominee for
Lander end Lender's ssocessory and assigns) hay the right: to exerciss any or all of those interests, including,
but nol limited to, the right to foreclose end sell the Property; and to take any action required of Lender
incleding, 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, gram and convey the Property and that the Property is unencumbered, xcept for
encumbrances of record. Borrower warrants and will defend generally ube title to the Property against all
claiig and demands, subject ty amy encumbrances of record.
THIS SECURITY INSTRUMENT cocnbines uniform covensaty for national use and nos-uniforn
covensnts with limited verletions by jurizdiction to conmitute « uniform security Inmrument covering rea!
property. .
FLORIDA - Si Famty - Parts GaefPRedie Ber UND Rad HET HUE
Form 2016 4104 .
hamner Fomms ie 1900) 648-2508
LPR OPRGAA ITOH CARER 140 Page 3 of 13 wntUNIFORM COVENANTS. Borrower and Lender covenant and agres as follows:
1, Payonest of Priacipal, Interest, Zecrow Items, Prepayment Chatges, aud Late Charges Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and Iete charges duo under the Note. Borrower shall also pay fimds for Escrow Items pursuant to
Section 3. Payments due under the Note aid this Security Instrument shall be made in U.S. currency.
However, if any check or other instrument roceived by Lender an payment under the Note or this Security
lestrument is returned to Leader unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Lastrument be made in one or more of the following forma, as scloctod by Lender:
(a) cosh; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check I¢ drawn upon on insiiation whore deposits are insured by a federal agency, instrumentality, or
entity; or (d) Electronic Puads Transfer.
Payments are deamed received by Lender when received at the location designated in the Note or at such
other location es may be designated by Lender in socordanee with the notion provisions in Section I$. Lender
sMBy return any payment or periial paynient if che payment or pertia) psyments are insufficient to bring the
Loan current. Lender may scoept any payment or partial payment insufficient to bring the Loan current,
without waiver of eny rights hereunder or prejintioe to its rights to refuse auch peyment or paris! payments in
the fiture, bit Lender is not obligsted to apply auch payments at the time much payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lendet aced not pay interest on unapplied
funds, Lender may bold such unapplied funds until Borrower makes payment to bring the Loon current. if
Barrower dows not do so within a reasonable period of time, Lender shall either apply such funds of return
then ip Borrower. If not applied earlier, such funds will be applied to the outeanding principal balance under
the Note inmodiately prior to foreclosure. No offeet 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
Ingirurnent or performing the cavenants end agreements secured by this Security Instrument.
2. Application of Payments or Frocenda Excox as otherwise deecribed in this Section 2, al! payments
sccepted and applied by Lender shall be applied in the following order of priority: (s) 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 use order in which it became duc. Any remaining emounts shall be applied firs: to
ite charges, second to any other amounts dus under this Security instrument, end then to reduce the principal
balance of the Note,
Uf Letder receives a payment from Borrower for s dellnquest Periedic Payment which includes a sufficient
mmoant to psy any tute charge due, the payment may be applied to the delinquent payment and the late charge.
if more than one Periodic Payment iy outstanding, Lender may epply any payment received from Borrower
the repayment of the Periodic Payments if, aad to the extent that, eech payment can be paid in full. To the
extent that any exeess exits after the payment is applied to the fall payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied firm to
any prepayment cherges and then as described in the Note.
Asy application of payments, insurance proceeds, or Miscellantous Proceeds to principe! due under the
Note shall not exeend or postpone tbe due date, or change the axoumt, of the Periodic Payments.
3. Pande 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, @ mum (the “Funds") to provide for payment of amounts duo for: (a)
taxes and amesmments and other items which can attain priority over ihis Security Instrument as a Sien or
encumbrance on the Property; (b) leaschold payments or ground rents on the Property, if any: (6) premiums
for any end all insurance required by Lender under Section $; and @) Moctgaga lasurance premiums, if any,
or any sums payable by Borrower to Lender in liew of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. Thess tems ere called “Escrow ttema* At origination or at
any time during the term of dro Loan, Lender may require thet Community Association Duea, Foes, and
Amesmenty, if eny, be escrowed by Borrower, and such dues, fees and amessmenta shall be an Escrow Item.
Borrower shall promptly furnish 1© Lender all notices of amaurs to be paid wader this Section. Borrower
shall pay Lender the Funds for Eecrow iterxa unless Lender waives Borrower's obligation to pay the Funds for
any of all Escrow Rema, Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items af any tite. Any much 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 receipt: evidencing sch
payment within such time period es Lender may require, Borrower's obligation to make sich payments end to
FLORIDA . Slagle Family - Fennte taal Freie Mac UNIFORM EXT
Form 3046 4/01
Lamar Fora tne, (20) 444-9686
UP BPRREASO 1 O-408RR 1404 Pagan 4 of 14 tn ‘pravide receipts shall for ail purposes be deemed to be w covemutt and agreement contained in this Security
faatrument, a3 the phrase “covensat and sgrecment” is used in Section 9. If Borrower ix obliguted to pay
Escrow items directly, pursumt to » waiver, end Borrower fails to pay dhe mount due for en Exrow Item,
Lender may exercise ita rights under Section 9 and pay much amount and Borrower thafl then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to ay or all Escrow
lomns at any time by 2 octice given in accordance with Section 15 and, upon mich revocation, Borrower shall
pay t Lender alt Funds, end in such emounts, chat are then required under this Section 3.
Lender muy, wf any time, collect and hold Funds im en amount (a) sufficient to permit Lender vo upply tee
Fonds at the time specified under RESPA, and (0) not to exered the maxima amount a lender can require
under RESPA. Leader shall estimate the amount of Funds due on the basis of current dais and reasonable
estimates of expenditures of future Recrow Items or othorwise io mccordence with Applicable Law.
The Funds shall be held in wo instituting whos deposits are insured by 8 federal egeacy, instrumentality,
or entity (incheding Lender, if Lender ix ax institution whose deposits are po insured) or in any Federal Home
Loan Bank. Lender shall apply tie Funda to pay the Hecrow Kons no ister then the time specified under
RESPA. Leader shall not charge Borrower for holding and epptying the Funds, exnusily analyzing the exorow
scoount, or verifying the Escrow ftoms, unless Lender pays Borrower interest on dre Funds and Applicable
Law permits Lender to make such a churge. Uskss an agreement is made in writing or Appliceblo Law
requires interes tw be paid on the Fumds, Leoder ghall not be required to pay Borrower any interes or
curnings on the Fuods, Borrower and Lender can agree in writing, however, that interest shall be paid on the
heen Lender stufl give to Borrower, without cheege, ea annual socounting of the Funds es required by
SPA.
If thore is = surplus of Funds held in escrow, as defined under RESPA, Londer shall account to Borrower
for the exoeas Funds in secordance with RESPA. If there is a shortage of Funds held in escrow, es defined
under RESPA, Lender stall notify Borrower es required by RESPA, end Borrower shall pry to Lender the
ASHOURE Beceamry to muke up the shortage in scoordance with RESPA, but in no more then 12 monthly
payments. If there is o deficiancy of Funds held in exrow, as defined under RESPA, Leader ghall notify
Borrower ax required by RESPA, md Borrower shall gay to Leader tho amount necesuary to make up tho
deficiency in mocordanos with RESPA, but ia no more than 12 monthly payment. .
‘Upon ip ful) of all sums secured by chis Security Instrument, Leader shall promptly refund to
Berrower sny Funds held ty Lender,
4, Charges; Liens, Borrower shall pay ai! mxes, msessmenta, charges, fines, and impositions sttributsble
to the Property which can attein pripeity over this Security Inetrument, leasehold peyments or ground rents on
the Property, if any, end Community Association Duos, Fees, and Agmuementa, if any. To tho extent thet
Gute items are Eecrow fteras, Borrower shall pay them in the meaner provided in Section 3.
Borrower shall promptly discharge eny lien witich has priority over thls Security Instrument unless
Borrower: (8) agrees io writing to the payment of the obligation secured by the len im a mimher acocpuble to
taoder, but oaly 20 tong us Borrower is performing such agreement; fb) contests the lien in good faith by, or
defends egaing, enforeement of the tien in, legal proceedings which in Lender’ s opinion operate to prevent the
enforcament of the Hen while those procecdingy are pending, but only unull much proceedings are vonchuded: oe
(c) secures from the holder of the lien on agreement mtixfactory to Lender subordinating the fen to this
Security Instrument. If Lender determines chet any part of the Property is subject t = Hen which can attain
priority over this Security Intiuownt, Leader may give Borsower 2 notion Meotifying the lien. Within 10
days of the date on which thet notice is given, Borcower shall satiety the lion or take one or more of the
actions set forth above in this Section 4.
Lender may require Borrower to pay 8 one-time charge for u real estute tax verification and/or reporting
Service vaed by Lender In connection with this Loan,
3. Property Issureare Borrow zhall keep the impcovoments now existing or hereafier erected on the
. Property insured against loss by firs, hazards included within the tenm “extended coverage,” and my other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
inmirence shall be maintained im the amounts (inchsding deductible levels) and for the periods tha Lender
requires. Whet Leader requires pursuant to the preceding sentences can clumgo during the term of the Loan.
‘The insurance carrier providing the insurance shall be choses by Borrower subject to Lender's right to
disapprove Borrower a choices, which right chal] not be exercised unreszonsbly, Lender mey esquire
to pay, in connection with this Loan, either: (@) a ons¢ime change for flood mune determination, certification
and uncking services; or (>) = onm-time charge for flood sons determination ard certification servives and
FLORA - > Foeia taal Creche Mes URGES ENT,
Form wee
Laver Fares (08, (600) 440-3 565
LP ORGAA 3016-4008 101 Page 6 of 43 ant
6fL.subsequent charges each ime cemeppings or similar changes occur which reasonably might affect such
determination or certification, Borrower shall also be responsible for the payment of any foes 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 maintein any of the coverages described show, Lender may obtain insurance ooveruge,
at Lender’s option and Borrowes’s expense. Lendev is under uo obligation to pischase eny particular type or
amount of coverage, Therefore, much coverage shal) cover Leader, but might or might not protect Borrower,
Borrower’ s equity in the Property, or the contents of the Property, against sny risk, hazard or lisbiliey and
might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost
off the Insurance coverage so obtained might signifkantly exceed the cost of insuratios the: Borrower could
have obtgined. Any mounts disbursed by Lender under this Section $ shsll become additional debt of
Borrower secured by this Security Instrument. These amount: shall boar Interest et the Note rate from the date
of disbursement and shall be payable, with wich interest, upon trotice 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 inchide a standard mortgage clause, and shall name Lender as mortgagee
and/or as an additional loss payor. Lender shal] have the right to bold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lander all receipts of paid premiuns end renewal notices, if
Borrower obtains any form of insuraos coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a slendard mortgage clause and shall name Lender at
mortgages and/or es an additional toss
ins the event of los, Borrower shall give prompt notice to the insurance carrier and Lender. Leader may
makes proof of toss if not made promptly by Borrower. Uniess Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying tnpurance was required by Lesder, shall be
applied to retoration or repair of the Property. if the restoration or repair is economically feasible and
Lender’ s security is not lessened. During sich repair end restoration period, Lender shall have the right to
hold much insurance proceeds until Lender hes had mn opportunity to inepect such Property to ensure the work
tas been completed to Leader's satisfaction, provided thet uch inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs end resorstion in a singls payment or in o series of progress
payments ai the work is completed. Unless an agreement i 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 proweds. 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 resioration or repair is
Bot economically feasible or Lender's security would be lessened, tha insurance proceeds shall be applied to
the suns secured by this Security Instrument, whether or not then duo, with the excess, if any, paid wo
Borrower. Such insurance proceeds shal] be applied in the order provided for in Section 2.
If Borrower abendous the Property, Leader may file, negotiate and settle any available insurance claim and
related rostiers, If Borrower does sot respond within 30 daya to @ notica from Lender thet the insurance
carrier has offered to setile a claim, then Lender may negotiate and acute the claim. The 30-day period will
begin when the notice is given. fo oither ever, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby amigns to Lender (a) Borrower’ s rights to any insurance procesds in an amount
Bat to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other then the right to any refund of uwerned promiums paid by Borrower} under alt insurance policies
covering the Property, insofer ea such rights are applicable to the coverage of the Property. Lender may use
the insarence proceeds cither to repair or restore the Property or to pay amounts unpaid nader the Note or this
Security Instrument, whether or aot then due.
6 Occapsocy, Borrower shall ocoupy, establizh, and use the Property as Borrower’ s principal residence
within 60 days after the execution of this Security Lastrumert and shall continue to opcupy the Property a
Borrower's principal residence for st lexst ono year nfter the dato of cocupancy, unless Lender otherwise
agrees in writing, which consent shall not be uartasonably withheld, of unless extenuating circumatgnces exist
which are beyond Borrower’ s control.
7, Preservathon, Malntexgacs aod Protection of the Property; lempections. Borrower shall not
destroy, damage or impait the Proporty, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in valve due 10 ita condition. Uniless it is determined purnamnt to
FLOROA - Single Fumty - Fancie Man! Fredde Mac UNS HerT Rim
Foren 3048 4/04
Laver Prins tre. (B00) 448-2618
LA SPA 301g. 1701 Page € of 129 Anat
otSection $ that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insurance or condemastion proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repaiting or
restoring tha Property only if Lender hna released proceads for such purposes, Lender may disburse procosds
for the repsira and restoration in a single payment or in a acrkes of peogress payments a the work is
completed. If the insurance or condemnation proceeds are net sufficient to repair or restore the Property,
Borrowe & not relieved of Borrower's obligation for the nompletion of such repair or restoration,
Lendes ov ita agent may make reasonable entries upoo and inspections of the Property, If it has reasonable
cause, Lender muy inspoct the interior of te impeovenrents on the Property. Lender shall give Borrower
notice at the time of or prior to such an interior inspection specitying such ressonable cause,
8. Borrower's Lose Appllestion, Borrower shall be ip defeull if during the Loan application proves,
Borrower or any persons or entities acting a the direction of Borrower or with Borrower's knowledge or
consent gave materially faieo, misleading, or inaccurate information or staiementa to Lender (or failed to
provide Lender with material information) is connection with the Lom. Material represesrations include, but
are oot limited to, representations concerning Borrower’ s occupancy of the Property ax Borrower's principal
9 Protection of Leuiers luterest te the Property and Rights Under this Seearity Instrument If (a)
Borrower fails w@ perform the covenancs and agreenents contained in this Security Iscrument, (b) there is 8
legal proceeding that might agnificantly affect Leader's interest in the Property and/or rights under this
Security Instrument (such ag @ proceeding in bankrupicy, probate, for condemnation or farteloure, for
enforcement of a lien which may attain priority over this Security Instrument o¢ ta enforce tews or
regulations), or (c) Borrower bus absndoued the Property, then Lender msy do aud pay for whatever is
Tessonable or epproprimte wo protect Lender’ s interest in the Property and rights under this Security Instrument,
including protecting and/or ameasing the value of the Property, and securing end/ar repairing the Property.
Lender’ a sctions can inchsde, but me not limited to: (a) paying any sama secured by a lien which has priority
over this Security Instrument; (6) sppesring in cowt; and (c} paying reasonable attommeys’ fees to protect its
interest in the Property and/or rights ander this Security Instrument, including its secured position in a
bankruptcy proceeding. Secucing the Property inchudes, but is not limited 10, extering the Property to make
vepairs, change locks, replace or bowrd up doors und windows, drain water from pipes, eliminate building or
other code violations or dangerous condulons, and have utilities tamed on or off, Although Leader may take
action under this Section 9, Lender dees mot have to do so and is pot under any duty or obligation te do so. It
38 agreed that Lender incurs na liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additions! det of Borrower secured
by this Security Inscrument, ‘These emount shall bear interest af the Note rate from the date of disbursement
ond shall be payable, with such interest, upon notics from Lender to Borrower requesting payment.
if this Security lostrument is 08 a fexschold, Borrower shall comply with all the provisions of the tease. If
Borrower ecquires fos tithe to the Property, the lesschold and the foo title shall not merge unless Lender agrees
to the merger in writing,
1G. Mortgage tnmrunce. Hf Lender required Mortgage leayrance aa a condition of making the Loan,
Borrower shall pay the premiums required 9 maintain the Mortgage Lnaurence In effect, Uf, for any resina, the
Morigege Insurance coverage required by Lender comses to be svailablo trem the morgage insurer that
previously provided such insurance end Borrower wns required to make separately dengnated payments
toward the premiums for Mortgage insuratoo, Borrower shall pay the premiums required to obtain coverage
aubstentially equivalent to the Mortgage Inzurmce previously in offiet, wt @ cost substantially equivalent to the
cost to Borrawer of tha Mortgage Insurance previously in efiiect, from an alternate mortgage ineurer selected
by Leeder. If substentialty equivelent Mortgage [nsurence coverage is not available, Borrower shal] continue
%0 pay to Lender the amount of the separately designated payments that were duo when the insurance coverage
consed to be i effect. Lender will accept, om and retain theen payments as 2 nonrefundable lose reserve in
lieu of Mortgage Insurance, Such loss reserve shall be non-refundablo, notwithitanding the fact thet the Loan
é3 ultionmtely paid i full, and Lender thal) not be required to pay Borrower ey interem or earnings on such
joss reverve, Lender cen no longer require loss reserve payments if Mortgage Insurance coverage (in the
amount end for the period thet Londer requires) provided by an inpurer solecied by Lender again becomes
available, is obtalned, and Lender requires separmety designated payments loward the premiums for Morignge
Inmurance. If Lender required Mortgage Insurance @ a condition of making the Loan and Borrower was
required to make separately designated payments towsd the premiums for Morigego Insurance, Borrower shall
FLORIDA - Single Fumby - Pari MaeiPretie Mac UMFORG
Berm 3610 469
Laser Forma bat, (8009 246-3863
LR erRA SE OES 1A Puge 7 of 13pay the premiums required to maintain Morgege Insurance in effect, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in eocordancs with any written agreement
berween Borrower snd Lender providing for such termination or until termination is required by Applicable
Law. Noahing in this Section 10 affects Borrower's obligation to pay Interest mt the exte provided in the Note.
Morigage Insurance reimburses Lender (or any entity the purchases the Not) for certain lomes it may
inour If Borrower doce act tepay the Loan as agreed, Borrower ts not » party to the Mortgage Infuranos.
Mortgage insurers evaluste their total risk on al) euch insuranoe in force from time to time, ond muy enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on
terma end conditions thei ero satisfactory to the morigage insurer and the other party (or parties) to these
agrooments. These sgrocment: may require the mortgage insurer to make payments using any source of funds
vere insurer mey have available (which may include funds obtained from Mortgage Insurance
prera|
As a result of these agreements, Lender, say purchaser of the Now, another insurer, any reinswer, my
other entity, or any affiliate of any of the foregoing, may receive (dirocly or indirectly) amounts that derive
fom {or might be chavacterized as) a portion of Borrower's payments for Mortgage Insurance, in exchenge for
sharing or modifying the mortgage insurer's risk, or reducing tosses. [f such agreement provides thar an.
affiliate of Lender tekes a share of tho insurer's risk in exchange for s share of the premiuma paid tw the
insurer, the arrngement is often termed “captive reinsurance,” Further:
(0) Any cock agrecments will aot affect the amounts that Borrower has sgrecd to pay for Mortgage
lncuramce, or any other terms of the Loon. Such agreements will not incresse the amount Borrower will
owe for Morigage lmurence, aod they will aor entitle Borrower to agy refaad.
(8) Any tock agreements will noi affect the rights Borrower bas - if asy - with respect to the
Mortgage Imsaranca ander the Homeowners Protection Act uf (99% or aay ether taw. These rights may
‘mehada the right to receive certaln disclosmres, to request and obteim caneelintton of the Mortgage
insaracce, te hove the Moriguge lusurance termsiested automatically, aud/or to recelve refed of any
Mortgage Insurance preastams that were aoearned nt the Hare of sock ceacellution or lermiaation.
1h. Assiguaent of Miscellaovons Proceeds; Forfeltere. All Miscollancous Prooseds ere hereby asnigned
to and ahall be paid to Lender.
Mf the Property is damaged, such Miseellancous Proceeds shall be applied to restoration of repair of the
Property, if the cestoration or repair is soonomicalty feasible md Le
Preview
Filing # 30587934 E-Filed 08/07/2015 12:36:49 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR SAINT LUCIE COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2015CA000889 SANTANDER BANK, N.A. Plaintiff, vs. GIROLAMO RUSSO; MELISSA D. RUSSO A/K/A MELISSA RUSSO; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN TENANT(S) N/K/A JUSTIN MCMULLEN and UNKNOWN TENANT II N/K/A JOSH PARIS _.Defendants. / VERIFIED AMENDED COMPLAINT Plaintiff, SANTANDER BANK, N.A., sues Defendants, GIROLAMO RUSSO; MELISSA D. RUSSO A/K/A MELISSA RUSSO; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS, UNKNOWN TENANT(S) N/K/A JUSTIN MCMULLEN and UNKNOWN TENANT II N/K/A JOSH PARIS, and alleges: PH # 58806 Page | PHELAN HALLINAN DIAMOND & JONES, PLLC 2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309 Tel: 954-462-7000, Fax: 954-462-7001ACTION TO FORECLOSE MORTGAGE 1. This is an action to foreclose a Mortgage on real property in SAINT LUCIE County, Florida. v On October 14, 2005, GIROLAMO RUSSO and MELISSA D. RUSSO A/K/A MELISSA RUSSO executed and delivered a promissory Note in favor of CONTEMPORARY MORTGAGE SERVICES, INC. and a Mortgage securing payment of the aforesaid Note to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, AS NOMINEE FOR CONTEMPORARY MORTGAGE SERVICES, INC., which Mortgage was recorded on November 2, 2005, in Official Records Book 2402, Page 2871, in the Public Records of SAINT LUCIE County, Florida, and which mortgaged the property described therein, then owned by and in possession of said mortgagors. A copy of said Note and Mortgage being attached hereto as marked Plaintiff's Exhibits "A" and “BY 3. Said Mortgage was subsequently assigned from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CONTEMPORARY MORTGAGE SERVICES, INC. to SOVEREIGN BANK, by virtue of an Assignment of Mortgage, recorded on January 20, 20 16, in Official Records Book 3163, Page 1435, in the Public Records of SAINT LUCIE County, Florida. A copy of said Assignment of Mortgage is attached hereto, marked Plaintiff's Exhibit "C". 4. Effective January 26, 2012, SOVEREIGN BANK changed its name to SOVEREIGN BANK, N.A. As a result, SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK is the surviving name of these banks. Because of the change, no assignment of the promissory note and mortgage was necessary; rather, the subject loan documents are now held by the entity now known as SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK. A copy of the certificate of said change is attached hereto as Exhibit “D”. PH # 58806 Page 2 PHELAN HALLINAN DIAMOND & JONES, PLLC 2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309 Tel: 954-462-7000, Fax: 954-462-70015. Effective October 17, 2013, SOVEREIGN BANK, N.A. F/K/A SOVEREIGN BANK. changed its name to SANTANDER BANK, N.A. As a result, SANTANDER BANK, N.A. is the surviving name of these banks. Because of the change, no assignment of the promissory note and mortgage was necessary; rather, the subject loan documents are now held by the entity now known as SANTANDER BANK, N.A., and which is now the name of the Plaintiff in the above-styled court action. A copy of the certificate of said change is attached hereto as Exhibit “E”. 6. The above referenced Mortgage and Note were modified by virtue of a Modification Agreement. Recording information is unavailable at this time. A copy of said Modification Agreement is attached hereto as Exhibit "F". 7. Plaintiff is in physical possession of the Note endorsed in blank, which is the subject of this action and therefore, is the holder of that Note. 8. Said property is now owned by Defendant GIROLAMO RUSSO, by virtue of that certain defective Quit Claim Deed, recorded on September 27, 2011, in Official Records Book 3327, Page 1782, in the Public Records of SAINT LUCIE County, Florida. 9. Said Note and Mortgage are in default in that the payment due March 1, 2012 and all subsequent payments have not been made. 10. Plaintiff declares the full amount due under said Note and Mortgage to be now due. 11. There is now due, owing and unpaid to Plaintiff $176,156.85 on principal plus interest on said Note and Mortgage from February 1, 2012 together with late charges, title search expense for ascertaining necessary parties to this action, real estate taxes, insurance premiums, Mortgage insurance premiums, costs and expenses incurred by Plaintiff in securing the property described in the Mortgage, and attorney's fees all of which Plaintiff may become obligated to pay in order to protect the property described in the Mortgage and to recover the sums due to the Plaintiff, all of which are secured by the lien of the Mortgage herein sought to be foreclosed. PH # 58806 Page 3 PHELAN HALLINAN DIAMOND & JONES, PLLC 2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309 Tel: 954-462-7000, Fax: 954-462-700112, Defendant, MELISSA D. RUSSO A/K/A MELISSA RUSSO, is joined because she may have or claim some right or interest on the subject property as Mortgage and Note signer. Said interest is subject, subordinate and inferior to the interest of the Plaintiff's Mortgage. 13. The Defendant, UNKNOWN TENANT(S) N/K/A JUSTIN MCMULLEN, may have or claim some right, title or interest in and to the property herein sought to be foreclosed by virtue of an unrecorded lease or purchase option or by virtue of being in actual possession of same. 14. The Defendant, UNKNOWN TENANT II N/K/A JOSH PARIS, may have or claim some right, title or interest in and to the property herein sought to be foreclosed by virtue of an unrecorded lease or purchase option or by virtue of being in actual possession of same. 15. All of the above-mentioned recordings in Official Records Book(s) were in Official Records of SAINT LUCIE County, Florida. 16. Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services. 17, The Plaintiff further alleges that the claim, lien, right, title and interest of all the Defendants herein named and hereafter made parties to this suit are subject, subordinate and inferior to the right, title, interest and lien of the Plaintiff's Mortgage herein sought to be foreclosed. 18. All conditions precedent to the institution of this action by the Plaintiff have been performed or have occurred. 19. Pursuant to the Fair Debt Collection Practices Act, you are advised that this law firm is deemed to be a debt collector attempting to collect a debt and any information obtained will be used for that purpose. PH # 58806 Page 4 PHELAN HALLINAN DIAMOND & JONES, PLLC 2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309 Tel: 954-462-7000, Fax: 954-462-7001SANTANDER BANK, N.A.. vs. GIROLAMO RUSSO, et al WHEREFORE, the Plaintiff prays that the Court enter judgment foreclosing the Mortgage, grant Plaintiff its reasonable attorney's fees, enter an order granting Plaintiff a writ of possession of the mortgaged property and such other or further relief as Plaintiff may be entitled to receive, and, if the proceeds of the sale are insufficient to pay Plaintiff's claim, a deficiency judgment, except where a discharge in Bankruptcy is applicable. Phelan Hallinan Diamond & Jones, PLLC Attomeys for Plaintiff 2727 West Cypress Creek Road Ft. Lauderdale, FL 33309 Tel: 954-462-7000 Fax: 954-462-7001 Service by email; FL, Service @ PhelanHallinan.com ‘Jonathan A. Cramer, Esq., Florida Bar No. 109422 Emilio R. Lenzi, Esq., Florida Bar No. 0668273 VERIFICATION OF COMPLAINT Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged there in are true and correct to the best of my knowledge and belief. SANTAND) ER BANK, N.A. om PH # 58806 Page 5 PHELAN HALLINAN DIAMOND & JONES, PLLC 2727 West Cypress Creek Road, Ft. Lauderdale, FL 33309 Tel: 954-462-7000, Fax: 954-462-7001Exhibit “A”® 6 vont manga . NOTE OCTOBER 14 +2008 ALTAMONTE SPRINGS Fh (Due} tory) [Ban] 391 8H SOUTH QUICK CIRCLE PORT SAINT LUCIE, Fl 34953 SPreposty Address} 1. BORROWER'S FROMISE TO PAY fy retum for x loco that T have teceived, 1 prumise to pay US. $ 165,100.00 (his amount is called Principal”), plus hotest, to theosce of the Lender. Tha Leader is CONTEMPORARY MORTGAGE SERVICES, INC., » Lill mke: afl payments undor this Note in the fora of cash, check or money ocder. 1 worlerstand that the Lander may tranafor this Note. ‘The Lenvler of anyoat whe takes thin Note by trastfer aod who fs ‘enticed in receive peyanents wader this Note is called the "Note Haldar,” 2, INTEREST Interest will be charged ca onpaid principal wut the full amount of Principal has been paid. ¥ will pay Interest at a yearly meof 5,875 % ‘The interest rate required by this Section 2 is the mite { will pay both before and after any defeult described in Section 6(5) of thie Note, 3. PAYMENTS: (A) Time and Place of Payonents I will pay principal and interest by making a payment every month, {will make my moothly payment onthe 197 day of cach woonth heglaning Os DECEMBER 1, 2005. Twill make these payroents every mouth untit [ have paid all of the principal and faterect and aay otber charges dencribed below that Kmay owe wader this Not. Each monthly payment wilt be applled as of its scheduled due daic and will be applied to interest before Principal. 1f, on MOVEMBER 1, 2035 , Eallll owe asmouxte under thin Note, # will pay those arpousts in full on that data, whlch ts called the "Maturity Dato." Iwill make my monthly payarents at CONTEMPORARY MORTGAGE, 498 PALM SFGS. DR., #220,ALT, GPRINGE, FL 32701 or of n different place If roqulted by the Note Holder. (B) Aasount of Mosthiy Payoents ‘My monthly paymant will be im the mnoust of U.8, § 376.63 . 4, BORROWER'S RIGHT TO PREPAY Thave the right to make paymente of Principal at any tiow before they are duc. A payroent of Principal only ix known 2s a “Propeyment,” When T makes Prepayment, J will tof the Note Holder in waiting that I am doing eo, Cmay aot desigaate « payment us a Prepayment f {have not made all the monthly payments due wader the Note, Amay moske a fall Propaymcot of pattial Prepayments withoot paylog « Prepsyowet charge, The Note Holter wilt uso my Prepayments to raluce the soxumt of Principal that 1 owe under this Now, However, the Note Holder’ aay poly my Prepayenond 40 the sccraad and unpaid intron ow the Prepayment amount, before applying my Prepeyment to reduce the Princlpad omowd of the Note, 1 Trosake o partial Peepayment, here will be no changes in the due date or ja the amowst of ray mouthly payment unless the Note Holder agreet in writing to those changes. 5, LOAN CHARGES Hf a baw, which applicg to Unis Joan and whick eoty maximum loas charges, [8 Bully iwtetyresed #0 thet the interest oF other lnen chinges collected or ta de cotlosted in camnection with this loun excwed the potenti Hane, thea (a) my mach oan chacge shall be reduced by the siwount neamsay 60 retluon tho eliarys to the pected tions; end (0) any stone abeeedhy collected from me which exceeded pecmaittd timits will be veluxdss te mo. The Note Holder may choone t© amake tae retnasd by reduclog the Principal T owe under this Note ot by making 2 direct payment to woo. Wf refund educes Principal, the reduction will he ercated at n partial Propaymseat. WRLITATE WO MATE NOTE Sep Fay - ah Mee seni py, ee Poets a oe EXHIBIT _/6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lote Charges for Overdios Paymds + ithe Note Holder bas oot reonived! the fall seregunt of any saoathly payment by theend of 2% calendar days after the diate it is dio, 1 will pay e late chute to the Nole Holder. ‘The amount of the charge will be §. 000 % of ary overtue payment of principal and interest, f will pay this lve charge promptly but only once on each Iste payment. @) Default JET do aot pay che foil acount of each moethly payment on tha date it is due, 1 will be in default, (C} Notice of Detoult Jf fama in default, the Note Holder may send me s written notioe telling one that if1 do wot pay the overdue arscunt by a certain date, the Note Holder may toquire me to pay immediazely tbe full amount of Frtucipal which has not been paid and all ‘he intorest than } owe on that mmouat. ‘That date mus be at least 30 days after the date on which the notion ix mailed! to aae oF delivered by other means, 4D), Na Waiver By Nols Haldar Even if, ot a thw whoa 1 sm in default, the Note Holder does not require me 10 pay jmmediately in full an described above, the Note Holder will still have the right to do so if¥ am ia default ot a leter tie, Q Poymscat of Note Holder's Costs snd Expenues Ifthe Note Holder has required me 1 pay imenedlately in full ws deacuibod sbove, the Nose Holder wil bave the right sa bbe paid hack by me for al of its costs and expenses in enforcing thie Note to the extent not probibited by epplicable Jaw, ‘Tuco: expenses include, for example, ressonnble stiomeys’ foes. ‘7. GIVING OF NOTICES ntean appticable law mquiret s different method, any notice that must be given fo me under this Note will be given by delivering it oF by mailing 1 by first class meil to ane at the Property Adres above or at a different addees {f { give the Note Halder a notice of my different acdiese, ‘Aur aotice that mut be given to the Note Holder undor this Note will be given by delivering it or by malling it by first fren mall to the Note Hotdor atthe edkiens ttted in Soction 3(A) above oF ot « different addcasa if ama given » nation af that different addres, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE He more then one peovon sigy this Note, each pertow ie fully wad personally cbtigaed to koop: oll of the promises made in this Note, including the promise ta pry the full woxnat owed. Any pomon who ia e guniamor, sursty of eadorsec of this Note is also obligated to do theso things. Any pemsen who takes over these ubifgstions, including tho obtigtions of ¢ uatnntor, musely or cadinscr Of Uhin Note, ix alee obligated to koep all of the promises made in thix Note. The Note Holder tony enlisce it rights andes this Nowe agsing exch person individually or against all of us together, This means thet any one ‘of su may be tequited 16 pay all of the amasots coved under this Nate. 9%, WAIVERS J and aay other person who hn obligations under thie Note waive the rights of Preseatment and Notice of Dishonor. "Peesentmment” means the ght to require the Noto Halder to demand payment of announts due. "Notice of Dishonor* means ‘he sight to require the Note Holder to glve satlce 1 other pevsdms that amounts due have axe bees pid. 10, UNIFORM SECURED NOTE “This Note fa a uniform invtument with Fnited variotions in some jotisdicatons. in edfiion to the protections gives ta the ‘Note Holder ander this Note, 2 Morigage, Deed of Tit, oF Security Dead {the “Security Tnstnunent"), dated the same date va this Note, protects the Note Holder from poasible lasses whick right result if 1 do aot keep the promises which { make io {Hin Note, ‘That Seomity Instumust describes how nail under est conditions U mony toe tguited to imake immediate paymmect in fell Of all emavats Tow under this Note, Some of those exmditions ate described 1s toms: If all of any part of tho Broperty ot any Interest in the Property is sold of iensfetred (at if Borrower is fot a natural petaon and s beneficial interest in Boerowar in sold or trancierred) without Leader's prior vweitica coment, Louder may esquire tomedinde peymeat In full of all sums secuted by this Security Ansinament. However, this option shell not be excttived by Lender if such cxereise is prohibited by Applieaile Law, 1f Lender exercises this option, Leodes ehall give Bonower notice of exesieration. The motlor shall provide a period of nat leas than 20 days from the date uhe notice ix given io acmirdance with Section 15 withia which Borrower must pay all sums scowted by this Security fattrument. iC Borrower falls to pay these ‘suns priot to the expiration of this period, Lender may invoke any remeicx geimitted hy this Security Instruraent without further notloe oF demand on Boixower == eee ek pen ne ee peas LL wna.WINESS THE HANDXS) AND SEALS) OF THE UNDERSIGNED, wri (eal) a {Seal} Beceem Bare Seiad Socurity Number Social Security Number ii [Sign Original Onbyy MULNSTATE FORD RATE MOTE - Single Pally » feunle Moclroile Moc UNIVORM IRATRUMENT FORM 3280 205 FRE Oem Pege 303Exhibit “B”’° EOWAN M. FRY, J, | SAINT Lucie Couiery OF THE CCU court Pa AE 111022208 ot 09 DOC STAMP ¢; INTANGIBLE Tax Saat B78 REVIEWED/TG Hapadad oy habaate oaths, 30 employoe of Fits: aatiean Tale Ine, Co, 12780 Wetorford Lawes Pav, Sty. 135, Oriannto, Fb. 82828 Aker Rocnttn n ipa ategee ta se Pe Pea it nannies MORIGAGE REERNIUQNS ‘Words und in muhiple sections of thin document are defined balow ond utver words mre dafiqed in Sections 3, Tt, 33, (8, 20 wad 21. Carin ruber regeeding the wane of words ued in this document are aloo provided bs Seotlon 1G, 1A) “Security instrament" monas this docutpent, erhich is dated OCTORER 14, 2005 . together with ail Riders to this docuraesat, (8) Borrower is MELINA D. RUSSO AND GIROLAMO RUSSO, MUSBAND AND WISE, Borrower fa the ssengagor under thls Securiny tastrsmnent. { AC) "REERS” Ip Mortgage Elmtronic Regicintion Syens, inc, MERS is = veparnte corporation that is sexing woiely wt « nominee for Lender snd Lenders wecemors end astignn MERS ty the beneficiary nader thls Secusity Inviramont MERS Is organized aad existing under the lnws of oct han mn adress end tabephone pusnber of P, O. Box 206, Plkat, btichiig 48801-2026, tal {P} Lender" is CONTEMPORARY MORTGAGE SERVICES, INC, ‘Lender is @ ovganined sed exiting wander tye bews of ‘THE STATE OF FLORIDA . | Lender's eciren is 698 PALM SPRINGS DRIVE, SUITR 220 ALTAMONTE SPRINGS, FL 32901 : . (EB) "Note" manus the prouissory nose signed by Barrawer wd dated OCTOBER 14, 2023 . | "The Note ovata thes Borrower owes Lendes ‘ONT BUNDRED SUCTY-FIVE THOUSAND ONE HUNDRED AND 60/100 | Dotlers (0.8. $ 10.08 } plas interest, Borrower bes promised oo pay this debt tn regular t Peslodic Payments and to pay the dete in Rall not teuer than NOVEMBER 1, 7035 . FLORIDA - Singhs Farry » Fartte ManrProsicte Moe: REFER ‘Fores 3040 4/85 Fearne Se, BER ASHER tom PLR SRL Bm AAP GAD Lo(F) “Property” means the property thet is described below under the heading “Transfer of Rights in the Property,* (G) “Loza™ mows the debt evidenced by the Note, plus interns, any prepayment charges mad iste charges due under the Note, end all sums dus under this Security instrument, plus interest, {H) “Riders” means sil Riders to this Security Instrument that are exocuted by Borrower. The following Riders wre to be executed by Borrower [chock box @3 applicable]: Adjusabls Rate Rider Condominiums Rider Second Home Rider Balloon Rider Planned Unit Development Rider 1 Family Rider Biweekly Payment Rider VA. Rider Other(s) (specify) {) “Applicable Law" means of! controlling applicable federal, stete snd jocal statutes, regulations, ordinances end edminiswrmive rules end orders (thet have the effect of law) as well «3 all applicable final, noo-appoatable judicial opinions. () “Commusity Amocation Dues, Fess, and Assesmente” moans al} dues, fees, asscamnents aid other charges that sro imposed oa Borrower or the Property by a condominium amocistion, homeowners association oe sitaller organization. (HQ ‘Blectronte Funds Trapster" means any transfer of funds, other than 2 transaction originated by check, draft, or similar paper instrument, which is initiated through an cloctronis terminal, telephonic ingtrument, computes, or magnetic tape 60 as to order, instruct, or euthotize a financial ineitutlen to debit or credit an account Such tena inchides, but is not limited to, poistof-ato transfers, eutomemd teller machine trenmctions, transfers initixted by telephone, wire transfers, and sutamated clearinghouse trensfers. (L) "Barrow east” means those ivems that are described in Section 3. QM) “Wisceliemcoas Proceeds” means any compensation, sotemeat, award of damages, or procends paid by any third party (other then insurence proveeds paid under the coverages described in Section $} for: G) damage to, -or destruction of, the Property; {il) condecination or other taking of all or eny part of the Property; (iii) canveyanoe in lle of condemnation; or (iv) misrepresentations of, or omissions as to, the value md/or sondition of thy Property. «§) “Mortgage Inearnace” moans inmrancs protecting Lender ageing. the nonpayment of, o7 default on, the Loan. {Q) “Periodic Payment" mens the regularly scheduled amount due for (@) principel and interest under the Note, plas (6) aay amounts under Section 3 of this Security Instrunent. (PF) “RESPA" means the Real Butte Seulement Procedures Act (12 U.S.C. §2601 e seq.) and is implomenting regulation, Regulation X (24 C,P.R, Pert 3500), ms they might be enended from ume to thme, or any additions! or successor legislation or regulation that governs the same subject matter. Aa used in this Security instrument, “RESPA* refers to all requirements and restrictions that ere imposed in oegerd to a “federally related mortgage flown” even if the Loan does mot quallfy as = “fedorally roleted mortgage oan” under RESPA, (Q "Swocessor le lateres of Borrower" means any party that hes token title to the Property, whether or not that party hes assumed Borrower's obligations under the Note and/or this Security instrument, FLGRIDA - Single Family « fannie Geeffreddie Hes UMFORE HITTHUM Forres 3045 04 aber Borman tre, BOF 440-4553 LA SFA S10-8e TAT Cage 3 of 93 me @TRANSEER OF RIGHTS IN THE PROPERTY This Security Insrument secures to Lender: (7) the repayment of the Lom, and ali renewals, extensions and modifications of the Note; aid (if) the performance of Borrower's covatents avd agreements under this Security Instrument md the Nets. For this purpose, Borrower does hereby mortgage, gremt and convey to MERS (solely 2s nomines for Leader and Londes’s suovessora end assigns) md to the muocemors and ensigns of MERS, the following described property loomed in the COUNTY of ST. LUCIE : Typo ot Peacon.ng suri eg fern ot Pemarstog Aste cary LOT M4, BLOCK 23468, OF PORT ST. LUCIE SECTEON THIRTY-FOUR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN FLAT BOOK 15, PAGES 9, 94, THROUGH #W, OF THE FUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA which currently tas the address of 331 SW SOUTH QUICK CIRCLE PORT SAINT LUCIC » Florida Mes (Property Addrem"} (ay) ay Gren} TOGETHER WITH all the improvements now or hereafter erected on the property, and al! extements, appurtenascea, and fictures now or hereafter a part of tha property. All replacements and additions shall ulso be covered by this Security instrument. All of the foregoing i referred to in this Security Instrument as the "Property." Gorrawer understands and agrees that MERS holds only legal title wo the interests grunwd by Borrower in this Security Instrument, but, if necessary m comply with lew or custom, MERS (es nominee for Lander end Lender's ssocessory and assigns) hay the right: to exerciss any or all of those interests, including, but nol limited to, the right to foreclose end sell the Property; and to take any action required of Lender incleding, 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, gram and convey the Property and that the Property is unencumbered, xcept for encumbrances of record. Borrower warrants and will defend generally ube title to the Property against all claiig and demands, subject ty amy encumbrances of record. THIS SECURITY INSTRUMENT cocnbines uniform covensaty for national use and nos-uniforn covensnts with limited verletions by jurizdiction to conmitute « uniform security Inmrument covering rea! property. . FLORIDA - Si Famty - Parts GaefPRedie Ber UND Rad HET HUE Form 2016 4104 . hamner Fomms ie 1900) 648-2508 LPR OPRGAA ITOH CARER 140 Page 3 of 13 wntUNIFORM COVENANTS. Borrower and Lender covenant and agres as follows: 1, Payonest of Priacipal, Interest, Zecrow Items, Prepayment Chatges, aud Late Charges Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and Iete charges duo under the Note. Borrower shall also pay fimds for Escrow Items pursuant to Section 3. Payments due under the Note aid this Security Instrument shall be made in U.S. currency. However, if any check or other instrument roceived by Lender an payment under the Note or this Security lestrument is returned to Leader unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Lastrument be made in one or more of the following forma, as scloctod by Lender: (a) cosh; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check I¢ drawn upon on insiiation whore deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Puads Transfer. Payments are deamed received by Lender when received at the location designated in the Note or at such other location es may be designated by Lender in socordanee with the notion provisions in Section I$. Lender sMBy return any payment or periial paynient if che payment or pertia) psyments are insufficient to bring the Loan current. Lender may scoept any payment or partial payment insufficient to bring the Loan current, without waiver of eny rights hereunder or prejintioe to its rights to refuse auch peyment or paris! payments in the fiture, bit Lender is not obligsted to apply auch payments at the time much payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lendet aced not pay interest on unapplied funds, Lender may bold such unapplied funds until Borrower makes payment to bring the Loon current. if Barrower dows not do so within a reasonable period of time, Lender shall either apply such funds of return then ip Borrower. If not applied earlier, such funds will be applied to the outeanding principal balance under the Note inmodiately prior to foreclosure. No offeet 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 Ingirurnent or performing the cavenants end agreements secured by this Security Instrument. 2. Application of Payments or Frocenda Excox as otherwise deecribed in this Section 2, al! payments sccepted and applied by Lender shall be applied in the following order of priority: (s) 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 use order in which it became duc. Any remaining emounts shall be applied firs: to ite charges, second to any other amounts dus under this Security instrument, end then to reduce the principal balance of the Note, Uf Letder receives a payment from Borrower for s dellnquest Periedic Payment which includes a sufficient mmoant to psy any tute charge due, the payment may be applied to the delinquent payment and the late charge. if more than one Periodic Payment iy outstanding, Lender may epply any payment received from Borrower the repayment of the Periodic Payments if, aad to the extent that, eech payment can be paid in full. To the extent that any exeess exits after the payment is applied to the fall payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied firm to any prepayment cherges and then as described in the Note. Asy application of payments, insurance proceeds, or Miscellantous Proceeds to principe! due under the Note shall not exeend or postpone tbe due date, or change the axoumt, of the Periodic Payments. 3. Pande 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, @ mum (the “Funds") to provide for payment of amounts duo for: (a) taxes and amesmments and other items which can attain priority over ihis Security Instrument as a Sien or encumbrance on the Property; (b) leaschold payments or ground rents on the Property, if any: (6) premiums for any end all insurance required by Lender under Section $; and @) Moctgaga lasurance premiums, if any, or any sums payable by Borrower to Lender in liew of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. Thess tems ere called “Escrow ttema* At origination or at any time during the term of dro Loan, Lender may require thet Community Association Duea, Foes, and Amesmenty, if eny, be escrowed by Borrower, and such dues, fees and amessmenta shall be an Escrow Item. Borrower shall promptly furnish 1© Lender all notices of amaurs to be paid wader this Section. Borrower shall pay Lender the Funds for Eecrow iterxa unless Lender waives Borrower's obligation to pay the Funds for any of all Escrow Rema, Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items af any tite. Any much 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 receipt: evidencing sch payment within such time period es Lender may require, Borrower's obligation to make sich payments end to FLORIDA . Slagle Family - Fennte taal Freie Mac UNIFORM EXT Form 3046 4/01 Lamar Fora tne, (20) 444-9686 UP BPRREASO 1 O-408RR 1404 Pagan 4 of 14 tn ‘pravide receipts shall for ail purposes be deemed to be w covemutt and agreement contained in this Security faatrument, a3 the phrase “covensat and sgrecment” is used in Section 9. If Borrower ix obliguted to pay Escrow items directly, pursumt to » waiver, end Borrower fails to pay dhe mount due for en Exrow Item, Lender may exercise ita rights under Section 9 and pay much amount and Borrower thafl then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to ay or all Escrow lomns at any time by 2 octice given in accordance with Section 15 and, upon mich revocation, Borrower shall pay t Lender alt Funds, end in such emounts, chat are then required under this Section 3. Lender muy, wf any time, collect and hold Funds im en amount (a) sufficient to permit Lender vo upply tee Fonds at the time specified under RESPA, and (0) not to exered the maxima amount a lender can require under RESPA. Leader shall estimate the amount of Funds due on the basis of current dais and reasonable estimates of expenditures of future Recrow Items or othorwise io mccordence with Applicable Law. The Funds shall be held in wo instituting whos deposits are insured by 8 federal egeacy, instrumentality, or entity (incheding Lender, if Lender ix ax institution whose deposits are po insured) or in any Federal Home Loan Bank. Lender shall apply tie Funda to pay the Hecrow Kons no ister then the time specified under RESPA. Leader shall not charge Borrower for holding and epptying the Funds, exnusily analyzing the exorow scoount, or verifying the Escrow ftoms, unless Lender pays Borrower interest on dre Funds and Applicable Law permits Lender to make such a churge. Uskss an agreement is made in writing or Appliceblo Law requires interes tw be paid on the Fumds, Leoder ghall not be required to pay Borrower any interes or curnings on the Fuods, Borrower and Lender can agree in writing, however, that interest shall be paid on the heen Lender stufl give to Borrower, without cheege, ea annual socounting of the Funds es required by SPA. If thore is = surplus of Funds held in escrow, as defined under RESPA, Londer shall account to Borrower for the exoeas Funds in secordance with RESPA. If there is a shortage of Funds held in escrow, es defined under RESPA, Lender stall notify Borrower es required by RESPA, end Borrower shall pry to Lender the ASHOURE Beceamry to muke up the shortage in scoordance with RESPA, but in no more then 12 monthly payments. If there is o deficiancy of Funds held in exrow, as defined under RESPA, Leader ghall notify Borrower ax required by RESPA, md Borrower shall gay to Leader tho amount necesuary to make up tho deficiency in mocordanos with RESPA, but ia no more than 12 monthly payment. . ‘Upon ip ful) of all sums secured by chis Security Instrument, Leader shall promptly refund to Berrower sny Funds held ty Lender, 4, Charges; Liens, Borrower shall pay ai! mxes, msessmenta, charges, fines, and impositions sttributsble to the Property which can attein pripeity over this Security Inetrument, leasehold peyments or ground rents on the Property, if any, end Community Association Duos, Fees, and Agmuementa, if any. To tho extent thet Gute items are Eecrow fteras, Borrower shall pay them in the meaner provided in Section 3. Borrower shall promptly discharge eny lien witich has priority over thls Security Instrument unless Borrower: (8) agrees io writing to the payment of the obligation secured by the len im a mimher acocpuble to taoder, but oaly 20 tong us Borrower is performing such agreement; fb) contests the lien in good faith by, or defends egaing, enforeement of the tien in, legal proceedings which in Lender’ s opinion operate to prevent the enforcament of the Hen while those procecdingy are pending, but only unull much proceedings are vonchuded: oe (c) secures from the holder of the lien on agreement mtixfactory to Lender subordinating the fen to this Security Instrument. If Lender determines chet any part of the Property is subject t = Hen which can attain priority over this Security Intiuownt, Leader may give Borsower 2 notion Meotifying the lien. Within 10 days of the date on which thet notice is given, Borcower shall satiety the lion or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay 8 one-time charge for u real estute tax verification and/or reporting Service vaed by Lender In connection with this Loan, 3. Property Issureare Borrow zhall keep the impcovoments now existing or hereafier erected on the . Property insured against loss by firs, hazards included within the tenm “extended coverage,” and my other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This inmirence shall be maintained im the amounts (inchsding deductible levels) and for the periods tha Lender requires. Whet Leader requires pursuant to the preceding sentences can clumgo during the term of the Loan. ‘The insurance carrier providing the insurance shall be choses by Borrower subject to Lender's right to disapprove Borrower a choices, which right chal] not be exercised unreszonsbly, Lender mey esquire to pay, in connection with this Loan, either: (@) a ons¢ime change for flood mune determination, certification and uncking services; or (>) = onm-time charge for flood sons determination ard certification servives and FLORA - > Foeia taal Creche Mes URGES ENT, Form wee Laver Fares (08, (600) 440-3 565 LP ORGAA 3016-4008 101 Page 6 of 43 ant 6fL.subsequent charges each ime cemeppings or similar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of any foes 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 maintein any of the coverages described show, Lender may obtain insurance ooveruge, at Lender’s option and Borrowes’s expense. Lendev is under uo obligation to pischase eny particular type or amount of coverage, Therefore, much coverage shal) cover Leader, but might or might not protect Borrower, Borrower’ s equity in the Property, or the contents of the Property, against sny risk, hazard or lisbiliey and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost off the Insurance coverage so obtained might signifkantly exceed the cost of insuratios the: Borrower could have obtgined. Any mounts disbursed by Lender under this Section $ shsll become additional debt of Borrower secured by this Security Instrument. These amount: shall boar Interest et the Note rate from the date of disbursement and shall be payable, with wich interest, upon trotice 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 inchide a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payor. Lender shal] have the right to bold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lander all receipts of paid premiuns end renewal notices, if Borrower obtains any form of insuraos coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a slendard mortgage clause and shall name Lender at mortgages and/or es an additional toss ins the event of los, Borrower shall give prompt notice to the insurance carrier and Lender. Leader may makes proof of toss if not made promptly by Borrower. Uniess Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying tnpurance was required by Lesder, shall be applied to retoration or repair of the Property. if the restoration or repair is economically feasible and Lender’ s security is not lessened. During sich repair end restoration period, Lender shall have the right to hold much insurance proceeds until Lender hes had mn opportunity to inepect such Property to ensure the work tas been completed to Leader's satisfaction, provided thet uch inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs end resorstion in a singls payment or in o series of progress payments ai the work is completed. Unless an agreement i 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 proweds. 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 resioration or repair is Bot economically feasible or Lender's security would be lessened, tha insurance proceeds shall be applied to the suns secured by this Security Instrument, whether or not then duo, with the excess, if any, paid wo Borrower. Such insurance proceeds shal] be applied in the order provided for in Section 2. If Borrower abendous the Property, Leader may file, negotiate and settle any available insurance claim and related rostiers, If Borrower does sot respond within 30 daya to @ notica from Lender thet the insurance carrier has offered to setile a claim, then Lender may negotiate and acute the claim. The 30-day period will begin when the notice is given. fo oither ever, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby amigns to Lender (a) Borrower’ s rights to any insurance procesds in an amount Bat to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other then the right to any refund of uwerned promiums paid by Borrower} under alt insurance policies covering the Property, insofer ea such rights are applicable to the coverage of the Property. Lender may use the insarence proceeds cither to repair or restore the Property or to pay amounts unpaid nader the Note or this Security Instrument, whether or aot then due. 6 Occapsocy, Borrower shall ocoupy, establizh, and use the Property as Borrower’ s principal residence within 60 days after the execution of this Security Lastrumert and shall continue to opcupy the Property a Borrower's principal residence for st lexst ono year nfter the dato of cocupancy, unless Lender otherwise agrees in writing, which consent shall not be uartasonably withheld, of unless extenuating circumatgnces exist which are beyond Borrower’ s control. 7, Preservathon, Malntexgacs aod Protection of the Property; lempections. Borrower shall not destroy, damage or impait the Proporty, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in valve due 10 ita condition. Uniless it is determined purnamnt to FLOROA - Single Fumty - Fancie Man! Fredde Mac UNS HerT Rim Foren 3048 4/04 Laver Prins tre. (B00) 448-2618 LA SPA 301g. 1701 Page € of 129 Anat otSection $ that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemastion proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repaiting or restoring tha Property only if Lender hna released proceads for such purposes, Lender may disburse procosds for the repsira and restoration in a single payment or in a acrkes of peogress payments a the work is completed. If the insurance or condemnation proceeds are net sufficient to repair or restore the Property, Borrowe & not relieved of Borrower's obligation for the nompletion of such repair or restoration, Lendes ov ita agent may make reasonable entries upoo and inspections of the Property, If it has reasonable cause, Lender muy inspoct the interior of te impeovenrents on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specitying such ressonable cause, 8. Borrower's Lose Appllestion, Borrower shall be ip defeull if during the Loan application proves, Borrower or any persons or entities acting a the direction of Borrower or with Borrower's knowledge or consent gave materially faieo, misleading, or inaccurate information or staiementa to Lender (or failed to provide Lender with material information) is connection with the Lom. Material represesrations include, but are oot limited to, representations concerning Borrower’ s occupancy of the Property ax Borrower's principal 9 Protection of Leuiers luterest te the Property and Rights Under this Seearity Instrument If (a) Borrower fails w@ perform the covenancs and agreenents contained in this Security Iscrument, (b) there is 8 legal proceeding that might agnificantly affect Leader's interest in the Property and/or rights under this Security Instrument (such ag @ proceeding in bankrupicy, probate, for condemnation or farteloure, for enforcement of a lien which may attain priority over this Security Instrument o¢ ta enforce tews or regulations), or (c) Borrower bus absndoued the Property, then Lender msy do aud pay for whatever is Tessonable or epproprimte wo protect Lender’ s interest in the Property and rights under this Security Instrument, including protecting and/or ameasing the value of the Property, and securing end/ar repairing the Property. Lender’ a sctions can inchsde, but me not limited to: (a) paying any sama secured by a lien which has priority over this Security Instrument; (6) sppesring in cowt; and (c} paying reasonable attommeys’ fees to protect its interest in the Property and/or rights ander this Security Instrument, including its secured position in a bankruptcy proceeding. Secucing the Property inchudes, but is not limited 10, extering the Property to make vepairs, change locks, replace or bowrd up doors und windows, drain water from pipes, eliminate building or other code violations or dangerous condulons, and have utilities tamed on or off, Although Leader may take action under this Section 9, Lender dees mot have to do so and is pot under any duty or obligation te do so. It 38 agreed that Lender incurs na liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additions! det of Borrower secured by this Security Inscrument, ‘These emount shall bear interest af the Note rate from the date of disbursement ond shall be payable, with such interest, upon notics from Lender to Borrower requesting payment. if this Security lostrument is 08 a fexschold, Borrower shall comply with all the provisions of the tease. If Borrower ecquires fos tithe to the Property, the lesschold and the foo title shall not merge unless Lender agrees to the merger in writing, 1G. Mortgage tnmrunce. Hf Lender required Mortgage leayrance aa a condition of making the Loan, Borrower shall pay the premiums required 9 maintain the Mortgage Lnaurence In effect, Uf, for any resina, the Morigege Insurance coverage required by Lender comses to be svailablo trem the morgage insurer that previously provided such insurance end Borrower wns required to make separately dengnated payments toward the premiums for Mortgage insuratoo, Borrower shall pay the premiums required to obtain coverage aubstentially equivalent to the Mortgage Inzurmce previously in offiet, wt @ cost substantially equivalent to the cost to Borrawer of tha Mortgage Insurance previously in efiiect, from an alternate mortgage ineurer selected by Leeder. If substentialty equivelent Mortgage [nsurence coverage is not available, Borrower shal] continue %0 pay to Lender the amount of the separately designated payments that were duo when the insurance coverage consed to be i effect. Lender will accept, om and retain theen payments as 2 nonrefundable lose reserve in lieu of Mortgage Insurance, Such loss reserve shall be non-refundablo, notwithitanding the fact thet the Loan é3 ultionmtely paid i full, and Lender thal) not be required to pay Borrower ey interem or earnings on such joss reverve, Lender cen no longer require loss reserve payments if Mortgage Insurance coverage (in the amount end for the period thet Londer requires) provided by an inpurer solecied by Lender again becomes available, is obtalned, and Lender requires separmety designated payments loward the premiums for Morignge Inmurance. If Lender required Mortgage Insurance @ a condition of making the Loan and Borrower was required to make separately designated payments towsd the premiums for Morigego Insurance, Borrower shall FLORIDA - Single Fumby - Pari MaeiPretie Mac UMFORG Berm 3610 469 Laser Forma bat, (8009 246-3863 LR erRA SE OES 1A Puge 7 of 13pay the premiums required to maintain Morgege Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in eocordancs with any written agreement berween Borrower snd Lender providing for such termination or until termination is required by Applicable Law. Noahing in this Section 10 affects Borrower's obligation to pay Interest mt the exte provided in the Note. Morigage Insurance reimburses Lender (or any entity the purchases the Not) for certain lomes it may inour If Borrower doce act tepay the Loan as agreed, Borrower ts not » party to the Mortgage Infuranos. Mortgage insurers evaluste their total risk on al) euch insuranoe in force from time to time, ond muy enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terma end conditions thei ero satisfactory to the morigage insurer and the other party (or parties) to these agrooments. These sgrocment: may require the mortgage insurer to make payments using any source of funds vere insurer mey have available (which may include funds obtained from Mortgage Insurance prera| As a result of these agreements, Lender, say purchaser of the Now, another insurer, any reinswer, my other entity, or any affiliate of any of the foregoing, may receive (dirocly or indirectly) amounts that derive fom {or might be chavacterized as) a portion of Borrower's payments for Mortgage Insurance, in exchenge for sharing or modifying the mortgage insurer's risk, or reducing tosses. [f such agreement provides thar an. affiliate of Lender tekes a share of tho insurer's risk in exchange for s share of the premiuma paid tw the insurer, the arrngement is often termed “captive reinsurance,” Further: (0) Any cock agrecments will aot affect the amounts that Borrower has sgrecd to pay for Mortgage lncuramce, or any other terms of the Loon. Such agreements will not incresse the amount Borrower will owe for Morigage lmurence, aod they will aor entitle Borrower to agy refaad. (8) Any tock agreements will noi affect the rights Borrower bas - if asy - with respect to the Mortgage Imsaranca ander the Homeowners Protection Act uf (99% or aay ether taw. These rights may ‘mehada the right to receive certaln disclosmres, to request and obteim caneelintton of the Mortgage insaracce, te hove the Moriguge lusurance termsiested automatically, aud/or to recelve refed of any Mortgage Insurance preastams that were aoearned nt the Hare of sock ceacellution or lermiaation. 1h. Assiguaent of Miscellaovons Proceeds; Forfeltere. All Miscollancous Prooseds ere hereby asnigned to and ahall be paid to Lender. Mf the Property is damaged, such Miseellancous Proceeds shall be applied to restoration of repair of the Property, if the cestoration or repair is soonomicalty feasible md Le