Preview
oe IN THE CIRCUIT COURT OF THE
19TH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE
' COUNTY, FLORIDA
CIVIL DIVISION:
CASE NO.: 562010CA003992AXXXHC
65468
WELLS FARGO BANK, NA,
Plaintiff,
vs. Wo
CS
ALBERT HAAG; PROMENADE AT a
| TRADITION COMMUNITY ~
ASSOCIATION, INC.; PROMENADE AT
TRADITION NO. { CONDOMINIUM Cc.
ASSOCIATION, INC.; MARLENE HAAG; Cc
UNKNOWN TENANT (S); IN —=
POSSESSION OF THE SUBJECT
PROPERTY, . q,
Defendants. >
ss)
VERIFIED AMENDED COMPLAINT sO
aq
The Plaintiff, WELLS FARGO BANK, NA, sues the Defendants hereof and alleges:
COUNT I”
1. This is an action to foreclose a mortgage on real property in ST. LUCIE County, Florida.
2. On or about October 4, 2006, MARLENE HAAG AND ALBERT HAAG executed and delivered a
promissory note and Purchase Money Mortgage securing payment of the same to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS INCORPORATED AS NOMINEE FOR
CENTERPOINTE FINANCIAL, INC., which mortgage was recorded in the Official Records Book
2677, Page 2856, of the Public Records of ST. LUCIE County, Florida and which mortgaged the property
described therein, then owned by and in possession of said mortgagor. A copy of the note and mortgage are
attached hereto and made a part hereof.
3. Federal National Mortgage Association is the owner of the Note. Plaintiff is the servicer of the loan and is
the holder of the Note. Federal National Mortgage Association has authorized Plaintiff to bring this present
action.
4. Defendant(s), ALBERT HAAG AND MARLENE HAAG, own(s) the property.
There has been a default under the note and mortgage held by Plaintiff in that the payment due April 1,
2010 and all subsequent payments have not been made. Plaintiff declares the full amount due under the
note and mortgage to be now due.
6. All conditions precedent to the filing of this action have been performed or have occurred.
10-35953 WELLS FARGO BANK, NA vs. ALBERT HAAG7. There is now due, owing and unpaid to the Plaintiff as of the date of the filing of this complaint the
following amounts on principal of said note and mortgage: unpaid principal balance: $163,069.98, plus
interest, escrow, title search expenses for ascertaining necessary parties to this suit, title search, title exam,
filing fee, and attorney’s fees and costs. .
8. Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services herein.
Pursuant to the loan documents Plaintiff is entitled to an award of attomey’s fees.
9. Defendant, as UNKNOWN TENANT (S) in possession of the subject property, may claim some interest in
or lien upon the subject property arising from being in actual possession of same, but interest, if any, is
subject and inferior to the lien of Plaintiff's mortgage.
10. The Defendant, PROMENADE AT TRADITION COMMUNITY ASSOCIATION, INC. may claim
some interest in or lien upon the subject property by virtue of ANY UNPAID DUES AND/OR
ASSESSMENTS and by virtue of CLAIM OF LIEN which is recorded at Official Records Book 3225,
Page 2424 of the Public Records of ST. LUCIE County and by virtue of NOTICE OF LIS PENDENS
which is recorded at Official Records Book 3307, Page 2775 of the Public Records of ST. LUCIE County.
Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage.
WHEREFORE, Plaintiff prays as follows:
(a) That this Court will take jurisdiction of this cause, the subject matter and the parties hereto.
(b) That this Court ascertain and determine the sums of money due and payable to the Plaintiff from
the Defendant(s), including without limitation principal, interest, advances, attorney fees, and
costs pursuant to the loan documents.
(c) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien upon the
lands described in Plaintiff's mortgage.
(d) That such lien be foreclosed in accordance with the rules and established practice of this Court,
and upon failure of the Defendants to pay the amount of money found to be due by them to the
Plaintiff, the said land be sold to satisfy said lien.
(e) That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest
of the Defendants herein or any person or parties claiming by, through or under them since the
institution of this suit.
(f) That all right, title or interest of the Defendants or any person claiming by, through or under them
be forever-barred and foreclosed.
sa menos MOnT Ee PARANA DANY KIA ve ATRERTHAAG(g) That this Court grants general relief in this cause as in its discretion might be just and proper
including, but not limited to, a deficiency judgment, except where a discharge is applicable, if the
proceeds of the sale are insufficient to pay Plaintiff's claim.
FLA. R. CSV. P. 1.110(b) VERIFICATION
Under penalty of perjury, I declare that | have read the foregoing Amended Complaint, and the facts alleged therein
are true and correct to the best of my knowledge and belief.
( —
By:
inted name: A utonto Ualdepetia
WELLS FARGO BANK, NA
Place of Business: [OOS E. rier De,
Sun berwurlmo, CA Tals
Dae: S }I% JID
Vice President Lew Decamentetton
THEREBY CERTIFY that a true and correct copy of the foregoing Verified Amended Complaint was mailed via
U.S. Mail this 2 day of \ fn Aa 20. i , to the following:
Law Offices of Marshall C. Watson, P.A
1800 NW 49th Street, Suite 120
Fort Lauderdale, Florida 33309
Telephone: (954) 453-0365
Facsimile: (954) 771-6052
Toll Free: (800) 441-2438
By:
Lea W. Vandergriff
Bar #573175
WELLS FARGO BANK, NA. vs. ALBERT HAAGDOCUMENT
REDACTED
Loan!
NOTE
MIN. Qipao neaames
October 4, 2006 CORAL SPRINGS Florida
(Date [cig] [State]
10560 SW STEPHANIE WAY #204, PORT ST LUCIE, FL 34987
[Property Address}
1. BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 169,600.00 (this amount is called “Principal”), plus
interest, to the order of the Lender. The Lender is CENTERPOINTE FINANCIAL, INC.. I will make all payments under
this Note in the form of cash, check or money order.
Tunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the “Note Holder.”
2 INTEREST
Interest will be charged on unpaid principal until the full amount of Principal bas been paid. 1 will pay interest at a
yearly rate of 6.750 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in
Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
{ will pay Principal and interest by making a payment every month.
I will make my: monthly payment on the 1st day of each month beginning on December, 2006. I will make these
payments every month until I have paid all of the Principal and interest and any other charges described below that I may
owe under this Note, Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on November 1, 2036, I still owe amounts under this Note, I will pay those amounts in full on that date,
which is called the “Maturity Date.”
I will make my monthly payments at SUNTRUST MORTGAGE, INC., PO BOX 79041, BALTIMORE, MD
21279, of at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 1,100.03.
4. BORROWER’S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is
known as a “Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that J am doing so. I may not
designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that-I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before apptying my Prepayment to reduce the
Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my
monthly payment unless the Note Holder aprees in writing to those changes.
16-2593
Florida Fixed Rate Note—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 011
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OF NAL5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any.such
Joan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and.(b) any sums already
collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund
by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the
reduction will be treated as a partial Prepayment.
6 BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder bas not received the full amount of any monthly payment by the end of 15 calendar days after
the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue
payment of Principal and interest. I will pay this late charge promptly but only once on cach late payment.
@) Default
If I do not pay the full amount of each monthly payment on the date it is duc, I will be in default.
(C) Notice of Default
If am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount
by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid
and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed
to me or delivered by other means.
(@) No Waiver By Note Holder
Even if, at a time when I am in defautt, the Note Holder docs not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if 1 am in default at a later time.
(©) Payment of Note Holder’s Costs and Expenses
If the Note Holder bas required me to pay immediately in full as described above, the Note Holder will have the
right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given
by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the
Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice
of that different address.
a OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of
this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a
guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder
may enforce its rights under this Note against each person individually or against all of us together. This means that any one
of us may be required to pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means
the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
Florida Fized Rate Note—Single Family—Famnie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 01/01
THE COMPLIANCE SOURCE, INC.— Page 2 0f3 12601FL 08100
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07/09/201016. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given
to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same
date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I
make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate
payment in full of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part ofthe Property or any Interest in the Property is sold or transferred (or if
Borrower is not 4 natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this
Security Instrument. However, this option shall not be exercised by Lender if such exercise is probibited
by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with Section
15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
tbese sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
WM. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
WITNESS THE HANDS AND SEALS OF THE UNDERSIGNED.
~ MLE. ~ Mactone (hag (Seal)
MARLENE HAAG -Borrower
(Seal) (Seal)
-Borrower ~Borrower
ESign Original Onty]
Without Recourse
PAY TO THE ORDER OF
SunTrust Morigage, inc.
Gorm Gor.
Deborah P. Elis, Vice President
Florida Fized Rate Note—Singic Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 01701
—THE COMPLIANCE SOURCE, INC.— Page 3 of 3 T26OLFL e190
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ALLONGE
This Allonge is to be made a part of the Note.
Date: October 04, 2006
Borrowers:
ALBERT HAAG
MARLENE HAAG
Property Address:
10560 SW STEPHANIE WAY # 204
PORT SAINT LUCIE, FL 34987
Loan Number aaa
Loan Amount: $169,600
Interest Rate 6.7500 %
Maturity Date: 11/01/36
Pay without recourse to the order of SunTrust Mortgage, Inc.
CENTERPOINTE FINANCIAL, INC.
Name and Title:
4 07/09/2010Prepared by or ander the supervision of:
{Name ot Natural Person}
Street Adcress} EOwIN
ret Jr, Cl
aes, c LERK OF THE crcurT co R
2 Zest Oat 1125
ReCORDNS 14008 2856-2872 Doe Type: Mr
MO0C STAMP COLLECTION:
After recording please return to: INTANGIBLE Tax: $335.20 9580-60
[Gity, State Zip Code}
RELIANCE TITLE COMPANY
815 CORAL RIDGE DRIVE
CORAL SPRINGS, FL 33071 NT
CUNE!
OO RACTED
{City State Zip Code}
[Space Above This Line For Recording Data] aN _
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain-rules regarding the usage of words used in this document are also provided in Section 16.
@ “Security Instrument” means this document, which is dated October 4, 2006, together with all Riders to
this document.
(B) “Borrower” is ALBERT HAAG, MARLENE HAAG, HUSBAND AND WIPE Borrower is the
mortgagor under this Security Instrument.
© “MERS?” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone
number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
1G359 $3
Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01
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1 07/09/2010@) “Lender” is CENTERPOINTE FINANCIAL, INC.. Lender is a corporation organized and existing
under the laws of FLORIDA. Lender's address is 831 CORAL RIDGE DRIVE, CORAL SPRINGS, FL 33319.
«&) “Note” means the promissory note signed by Borrower and dated October 4, 2006. The Note states that
Borrower owes Lender One Hundred Sixty Nine Thousand Six Hundred and 00/100ths Dollars (U.S.
$169,600.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt
in full not later than November 1, 2036.
@) “Property” means the property that is described below under the heading “Transfer of Rights in the
Property.”
© “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges duc
under the Note, and all sums due under this Security Instrument, plus interest.
@ “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower {check box as applicable]:
1 Adjustable Rate Rider Condominium Rider C1 Second Home Rider
] Balloon Rider OG Planned Unit Development Rider 1] Biweekly Payment Rider
( 1-4 Family Rider (1 Revocable Trust Rider
O Others) (specify)
oO “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances
and administrative rules and orders (that bave the effect of law) as well as all applicable final, non-appealable
judicial opinions.
@) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association or
similar organization. ©
«®) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer,
of magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions; transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
@) “Escrow Items” means those items that are described in Section 3.
™) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to,
or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance
in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
@ “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
Florida Mortgage Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ‘MERS Modified Form 3010 011
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2 07/09/2010(QO) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
@) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.E.R. Part 3500),.as they might be amended from time to time, or any
additional. or successor legislation or regulation that governs the same subject matter. As used in this Security
Instrument, “RESPA” refers to all requirements and restrictions that are imposed in regard to a “federally related
mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA.
Q “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not
that party has assumed Borrower’s obligations under the Note and/or this Security Instrument.
COUNTY of SAINT LUCIE
{Type of Recording Jurisdiction}, [Name of Recording Jurisdiction]
which has a legal description of:
Unit No. 1-204 of Promenade at Tradition No. I, a Condominium, according to The Declaration
of Condominium recorded in O.R. Book 2617, Page 2438, and all exhibits and amendments
thereof, Public Records of St. Lucie County, Florida.
which currently bas the address of 10560 SW STEPHANIE WAY #204
[Street
PORT ST LUCIE, Florida 34987, (Property Address”):
[ity] [ip Code}
TOGETHER WITH ail the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.”
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s
successors and assigns) bas the right: to exercise any or all of those interests, inctuding, but not limited to, the right
to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing
and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is umencumbered, except for encumbrances of
record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform.
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges,
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3.
Payments due under the Note and this Security Instrument sball be made in U.S. currency. However, if any check or
other instrument received by Lender as payment under the Note or this Security Instrument is retumed to Lender
‘unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be
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(Memade in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check,
- bank check, treasurer’s check or cashier's check, provided any such check is drawn upon an institution whose
deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may
retum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.
Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any
Fights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied
funds until Borrower makes payment to bring the Loan current. If Borrower does not do. so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds
will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or
claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments
due under the Note and this Security Instrument or performing the covenants and agreements secured by this
Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to cach Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other amounts due. under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid im full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess
may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and
then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrew Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sam (the “Funds”) to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as 2 lien or encumbrance on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and afl insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by
Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of
Section 10. These items are called “Escrow Items.” At origination or at any time during the term of the Loan,
Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices
of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender
waives Borrower’s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower’s
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.
In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow
Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender
receipts evidencing such payment within such time period as Lender may require. Borrower’s obligation to make
such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in
this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
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At iLender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under
Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any
time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shali pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under
RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shalt be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess fimds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under
RESPA, Lender sball notify Borrower:as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is
a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA,
and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in
no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liems. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground
rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that
these items are Escrow Items, Borrower shail pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the tien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends
against enforcement of the lien in, legal proceedings which in Lender’s opinion operate to prevent the enforcement
of the lien while those proceedings are pending, but only until-such proceedings are concluded; or (c) secures from
the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
Lender determines that any part of the Property is subject to a lien which can attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice
is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay 2 one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or bereafter erected on the
Property insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender
requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrower's choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,
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07/08/2010either: (a)a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time
charge for flood zone determination and certification services and subsequent charges‘each time remappings.or
‘similar changes occur which reasonably. might affect such determination or certification. Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender’s option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower’s
‘equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts
disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security
Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,
with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender’s right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee anWor as an additional loss
payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otberwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender’s security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender
bas had an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction,
provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and
sestoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or carnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender’s security would be lessened, the insurance proceeds
shail be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the
notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower’s rights (other than the right to any refund
of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in
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Mewriting, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are
beyond Borrower’s control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, 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 value due to its condition. Unless it is determined pursuant to Section 5 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 condemnation proceeds are paid in connection with damage to, or
the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has
released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single
payment or in a series of progress payments as the work is completed. If the insurance or condeumation proceeds
are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the
completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at
the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower’s Loan Application. Borrower shall-be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent
gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender
‘with material information) in connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower’s occupancy of the Property as Borrower’s principal residence.
9. Protection of Lender’s Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender’s interest in the Property and/or rights under this Security
Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien
which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender’s
interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of
the Property, and securing and/or repairing the Property. Lender’s actions can inchude, but are not limited to:
(a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and
(c) paying reasonable attorneys’ fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not
limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off
Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this
Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and
shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leaschold and the fee title shall not merge unless Lender agrees to the
merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously
provided such insurance and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the
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ReMortgage Insurance previousty in effect, at a cost substantially cquivalent to the cost to Borrower of the Mortgage
Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent
Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately
designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and
retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable; notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to
pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected
by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the
premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and
Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable
loss reserve, until Lender’s requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable Law.
Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms
and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements.
These agreements may require the mortgage insurer to make payments using any source of finds that the mortgage
insurer may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or
might be characterized as) a portion of Borrower’s payments for Mortgage Insurance, in exchange for sharing or
modifying the mortgage insurer’s risk, or reducing losses. If such agreement provides that an affiliate of Lender
takes a share of the insurer’s risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed “captive reinsurance.” Further:
(2) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has — if any — with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,
to have the Mortgage Insurance terminated antomatically, and/or to receive » refund of any Mortgage
Insurance premiums that were unearned at the time of such cancellation or termination.
Hi. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender’s security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had
an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction, provided
that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single
disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay
Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically
feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by
Florida Mortgage Single Family-Fannie Mac
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oe IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE ' COUNTY, FLORIDA CIVIL DIVISION: CASE NO.: 562010CA003992AXXXHC 65468 WELLS FARGO BANK, NA, Plaintiff, vs. Wo CS ALBERT HAAG; PROMENADE AT a | TRADITION COMMUNITY ~ ASSOCIATION, INC.; PROMENADE AT TRADITION NO. { CONDOMINIUM Cc. ASSOCIATION, INC.; MARLENE HAAG; Cc UNKNOWN TENANT (S); IN —= POSSESSION OF THE SUBJECT PROPERTY, . q, Defendants. > ss) VERIFIED AMENDED COMPLAINT sO aq The Plaintiff, WELLS FARGO BANK, NA, sues the Defendants hereof and alleges: COUNT I” 1. This is an action to foreclose a mortgage on real property in ST. LUCIE County, Florida. 2. On or about October 4, 2006, MARLENE HAAG AND ALBERT HAAG executed and delivered a promissory note and Purchase Money Mortgage securing payment of the same to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED AS NOMINEE FOR CENTERPOINTE FINANCIAL, INC., which mortgage was recorded in the Official Records Book 2677, Page 2856, of the Public Records of ST. LUCIE County, Florida and which mortgaged the property described therein, then owned by and in possession of said mortgagor. A copy of the note and mortgage are attached hereto and made a part hereof. 3. Federal National Mortgage Association is the owner of the Note. Plaintiff is the servicer of the loan and is the holder of the Note. Federal National Mortgage Association has authorized Plaintiff to bring this present action. 4. Defendant(s), ALBERT HAAG AND MARLENE HAAG, own(s) the property. There has been a default under the note and mortgage held by Plaintiff in that the payment due April 1, 2010 and all subsequent payments have not been made. Plaintiff declares the full amount due under the note and mortgage to be now due. 6. All conditions precedent to the filing of this action have been performed or have occurred. 10-35953 WELLS FARGO BANK, NA vs. ALBERT HAAG7. There is now due, owing and unpaid to the Plaintiff as of the date of the filing of this complaint the following amounts on principal of said note and mortgage: unpaid principal balance: $163,069.98, plus interest, escrow, title search expenses for ascertaining necessary parties to this suit, title search, title exam, filing fee, and attorney’s fees and costs. . 8. Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services herein. Pursuant to the loan documents Plaintiff is entitled to an award of attomey’s fees. 9. Defendant, as UNKNOWN TENANT (S) in possession of the subject property, may claim some interest in or lien upon the subject property arising from being in actual possession of same, but interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. 10. The Defendant, PROMENADE AT TRADITION COMMUNITY ASSOCIATION, INC. may claim some interest in or lien upon the subject property by virtue of ANY UNPAID DUES AND/OR ASSESSMENTS and by virtue of CLAIM OF LIEN which is recorded at Official Records Book 3225, Page 2424 of the Public Records of ST. LUCIE County and by virtue of NOTICE OF LIS PENDENS which is recorded at Official Records Book 3307, Page 2775 of the Public Records of ST. LUCIE County. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage. WHEREFORE, Plaintiff prays as follows: (a) That this Court will take jurisdiction of this cause, the subject matter and the parties hereto. (b) That this Court ascertain and determine the sums of money due and payable to the Plaintiff from the Defendant(s), including without limitation principal, interest, advances, attorney fees, and costs pursuant to the loan documents. (c) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien upon the lands described in Plaintiff's mortgage. (d) That such lien be foreclosed in accordance with the rules and established practice of this Court, and upon failure of the Defendants to pay the amount of money found to be due by them to the Plaintiff, the said land be sold to satisfy said lien. (e) That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest of the Defendants herein or any person or parties claiming by, through or under them since the institution of this suit. (f) That all right, title or interest of the Defendants or any person claiming by, through or under them be forever-barred and foreclosed. sa menos MOnT Ee PARANA DANY KIA ve ATRERTHAAG(g) That this Court grants general relief in this cause as in its discretion might be just and proper including, but not limited to, a deficiency judgment, except where a discharge is applicable, if the proceeds of the sale are insufficient to pay Plaintiff's claim. FLA. R. CSV. P. 1.110(b) VERIFICATION Under penalty of perjury, I declare that | have read the foregoing Amended Complaint, and the facts alleged therein are true and correct to the best of my knowledge and belief. ( — By: inted name: A utonto Ualdepetia WELLS FARGO BANK, NA Place of Business: [OOS E. rier De, Sun berwurlmo, CA Tals Dae: S }I% JID Vice President Lew Decamentetton THEREBY CERTIFY that a true and correct copy of the foregoing Verified Amended Complaint was mailed via U.S. Mail this 2 day of \ fn Aa 20. i , to the following: Law Offices of Marshall C. Watson, P.A 1800 NW 49th Street, Suite 120 Fort Lauderdale, Florida 33309 Telephone: (954) 453-0365 Facsimile: (954) 771-6052 Toll Free: (800) 441-2438 By: Lea W. Vandergriff Bar #573175 WELLS FARGO BANK, NA. vs. ALBERT HAAGDOCUMENT REDACTED Loan! NOTE MIN. Qipao neaames October 4, 2006 CORAL SPRINGS Florida (Date [cig] [State] 10560 SW STEPHANIE WAY #204, PORT ST LUCIE, FL 34987 [Property Address} 1. BORROWER’S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 169,600.00 (this amount is called “Principal”), plus interest, to the order of the Lender. The Lender is CENTERPOINTE FINANCIAL, INC.. I will make all payments under this Note in the form of cash, check or money order. Tunderstand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the “Note Holder.” 2 INTEREST Interest will be charged on unpaid principal until the full amount of Principal bas been paid. 1 will pay interest at a yearly rate of 6.750 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments { will pay Principal and interest by making a payment every month. I will make my: monthly payment on the 1st day of each month beginning on December, 2006. I will make these payments every month until I have paid all of the Principal and interest and any other charges described below that I may owe under this Note, Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on November 1, 2036, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date.” I will make my monthly payments at SUNTRUST MORTGAGE, INC., PO BOX 79041, BALTIMORE, MD 21279, of at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1,100.03. 4. BORROWER’S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a “Prepayment.” When I make a Prepayment, I will tell the Note Holder in writing that J am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that-I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before apptying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder aprees in writing to those changes. 16-2593 Florida Fixed Rate Note—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 011 —THE CoMPLIANCE Source, INC_— Page 1 of 3 EFL 98/00 + + + 3 07/09/2010 OF NAL5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any.such Joan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and.(b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6 BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder bas not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of Principal and interest. I will pay this late charge promptly but only once on cach late payment. @) Default If I do not pay the full amount of each monthly payment on the date it is duc, I will be in default. (C) Notice of Default If am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (@) No Waiver By Note Holder Even if, at a time when I am in defautt, the Note Holder docs not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. (©) Payment of Note Holder’s Costs and Expenses If the Note Holder bas required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. a OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Florida Fized Rate Note—Single Family—Famnie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 01/01 THE COMPLIANCE SOURCE, INC.— Page 2 0f3 12601FL 08100 (a gg 07/09/201016. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower is not 4 natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is probibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay tbese sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WM. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. WITNESS THE HANDS AND SEALS OF THE UNDERSIGNED. ~ MLE. ~ Mactone (hag (Seal) MARLENE HAAG -Borrower (Seal) (Seal) -Borrower ~Borrower ESign Original Onty] Without Recourse PAY TO THE ORDER OF SunTrust Morigage, inc. Gorm Gor. Deborah P. Elis, Vice President Florida Fized Rate Note—Singic Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 01701 —THE COMPLIANCE SOURCE, INC.— Page 3 of 3 T26OLFL e190 www compliancesource.com (©2000, The Compliance Soures, Ine. I 0 8.8100 07/09/201010/02/2008 12:01 FAX 8667099207 @ 002/011 ALLONGE This Allonge is to be made a part of the Note. Date: October 04, 2006 Borrowers: ALBERT HAAG MARLENE HAAG Property Address: 10560 SW STEPHANIE WAY # 204 PORT SAINT LUCIE, FL 34987 Loan Number aaa Loan Amount: $169,600 Interest Rate 6.7500 % Maturity Date: 11/01/36 Pay without recourse to the order of SunTrust Mortgage, Inc. CENTERPOINTE FINANCIAL, INC. Name and Title: 4 07/09/2010Prepared by or ander the supervision of: {Name ot Natural Person} Street Adcress} EOwIN ret Jr, Cl aes, c LERK OF THE crcurT co R 2 Zest Oat 1125 ReCORDNS 14008 2856-2872 Doe Type: Mr MO0C STAMP COLLECTION: After recording please return to: INTANGIBLE Tax: $335.20 9580-60 [Gity, State Zip Code} RELIANCE TITLE COMPANY 815 CORAL RIDGE DRIVE CORAL SPRINGS, FL 33071 NT CUNE! OO RACTED {City State Zip Code} [Space Above This Line For Recording Data] aN _ MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain-rules regarding the usage of words used in this document are also provided in Section 16. @ “Security Instrument” means this document, which is dated October 4, 2006, together with all Riders to this document. (B) “Borrower” is ALBERT HAAG, MARLENE HAAG, HUSBAND AND WIPE Borrower is the mortgagor under this Security Instrument. © “MERS?” is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender’s successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. 1G359 $3 Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 Tas ComPtsance PCUANCE SOURCE, INC.— Page J of 14 MOOIFL 1104 compliancetoutcs. com ©2004, The Compliance Source, Inc (mat UAE (Beg ae) 27 p+ OO ADH 14 1 4 1 07/09/2010@) “Lender” is CENTERPOINTE FINANCIAL, INC.. Lender is a corporation organized and existing under the laws of FLORIDA. Lender's address is 831 CORAL RIDGE DRIVE, CORAL SPRINGS, FL 33319. «&) “Note” means the promissory note signed by Borrower and dated October 4, 2006. The Note states that Borrower owes Lender One Hundred Sixty Nine Thousand Six Hundred and 00/100ths Dollars (U.S. $169,600.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than November 1, 2036. @) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.” © “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges duc under the Note, and all sums due under this Security Instrument, plus interest. @ “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower {check box as applicable]: 1 Adjustable Rate Rider Condominium Rider C1 Second Home Rider ] Balloon Rider OG Planned Unit Development Rider 1] Biweekly Payment Rider ( 1-4 Family Rider (1 Revocable Trust Rider O Others) (specify) oO “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that bave the effect of law) as well as all applicable final, non-appealable judicial opinions. @) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. © «®) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, of magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions; transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. @) “Escrow Items” means those items that are described in Section 3. ™) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. @ “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on, the Loan. Florida Mortgage Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ‘MERS Modified Form 3010 011 —THE COMPLIANCE Sourcg, INC_— Page2 of 14 1901FL 104 ‘weve complanceiouter com (©2004, The Compliance Sovece, Ine. AOA mood AD + 24+ 1 4 2 07/09/2010(QO) “Periodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. @) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.E.R. Part 3500),.as they might be amended from time to time, or any additional. or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA” refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA. Q “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower’s obligations under the Note and/or this Security Instrument. COUNTY of SAINT LUCIE {Type of Recording Jurisdiction}, [Name of Recording Jurisdiction] which has a legal description of: Unit No. 1-204 of Promenade at Tradition No. I, a Condominium, according to The Declaration of Condominium recorded in O.R. Book 2617, Page 2438, and all exhibits and amendments thereof, Public Records of St. Lucie County, Florida. which currently bas the address of 10560 SW STEPHANIE WAY #204 [Street PORT ST LUCIE, Florida 34987, (Property Address”): [ity] [ip Code} TOGETHER WITH ail the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.” Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) bas the right: to exercise any or all of those interests, inctuding, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is umencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform. covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges, Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument sball be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is retumed to Lender ‘unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be Florida Morigage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —THE COMPLIANCE SOURCE, INC.— Page3 of 14 ° VOOIFL 1104 ‘wer cemplianeesource. sam (©2004, The Compliance Sours, ne. 00 AD + HB 07/09/2010, + (Memade in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, - bank check, treasurer’s check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may retum any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any Fights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do. so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments shall be applied to cach Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due. under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid im full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrew Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sam (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as 2 lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and afl insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower’s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower’s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower’s obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Florida Mortgage-Single Family-Fanpie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/02 -— THE COMPLIANCE SOURCE, INC.~ Page 4 of 14 .O01FL me \worw comphiancesoue.com (©2004, The Compliance Source, gun p00 4 ° 07/09/2010 ui At iLender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shali pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shalt be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess fimds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender sball notify Borrower:as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liems. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shail pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the tien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender’s opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until-such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay 2 one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or bereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, Florida Mortgage-Single Family-Fanuie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —THE COMPLIANCE SouRCE, INC.— PageS of 14 14301F1, 1104 ©2004, The Compliaice Sooree, ne. 0 0 D+S5S +14 4 A 07/08/2010either: (a)a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges‘each time remappings.or ‘similar changes occur which reasonably. might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender’s option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower’s ‘equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender’s right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee anWor as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otberwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender’s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender bas had an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and sestoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or carnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender’s security would be lessened, the insurance proceeds shail be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower’s rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —Tre, COMPLIANCE SOURCE, INc— Page 6 of 14 1e01FL 10 (©2004, The Compliasce Source, lnc. + 0 0 AD + 6 + 1 4 6 07/09/2010 i Mewriting, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower’s control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, 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 value due to its condition. Unless it is determined pursuant to Section 5 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 condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condeumation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower’s Loan Application. Borrower shall-be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender ‘with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower’s occupancy of the Property as Borrower’s principal residence. 9. Protection of Lender’s Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender’s interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender’s interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender’s actions can inchude, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leaschold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 0141 —THe ComPLiaNce Source, INC.— ‘Page 7 of 14 VOO1FL, 1104 ‘wr, complinacetource com (©2004, The Compliance Source, Ine. A D+ 7 + 1 4 7 07/09/2010 ReMortgage Insurance previousty in effect, at a cost substantially cquivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable; notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender’s requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of finds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower’s payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer’s risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer’s risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed “captive reinsurance.” Further: (2) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has — if any — with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated antomatically, and/or to receive » refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. Hi. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender’s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by Florida Mortgage Single Family-Fannie Mac