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Case Number: CACE-21-000014 Division: 11
Filing # 118940919 E-Filed 12/31/2020 02:36:36 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR
INDYMAC IMSC MORTGAGE LOAN
TRUST 2007-F3, MORTGAGE PASS-
THROUGH CERTIFICATES SERIES
2007-F3,
Plaintiff,
vs.
COLWYN FOSTER; ALTHEA FOSTER;
PREFERRED CREDIT, INC,
Defendant(s).
/
VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE
Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR
INDYMAC IMSC MORTGAGE LOAN TRUST 2007-F3, MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2007-F3, sues the Defendants and alleges:
COUNT I- MORTGAGE FORECLOSURE
1. This is an action to foreclose a mortgage on real property in BROWARD County,
Florida.
2. The Court has jurisdiction over the subject matter.
3. On or about March 15, 2007, COLWYN FOSTER executed and delivered a promissory
note. A copy of the note is attached hereto as Exhibit "A".
4. On or about March 15, 2007, COLWYN FOSTER AND ALTHEA FOSTER executed
and delivered a mortgage securmg payment of the note to COMUNITY LENDING,
INCORPORATED. The mortgage was recorded on April 13, 2007, in Official Record Book
43895, at Page 1857, of the Public Records of Broward County, Florida, and encumbered the
PAGE 1
20-077993
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/31/2020 02:36:33 PM.****property described in the mortgage then owned by and in possession of the mortgagor, a copy of
the mortgage being attached hereto as 'Exhibit B'. Said loan was modified and a copy of the
loan modification agreement is attached hereto and incorporated herein as Exhibit "C”.
5. The mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right,
title, claim, lien or interest arismg out of mortgagor(s) or the mortgagor(s)' predecessor(s) in
interest.
6. Plaintiff is the holder of the original note secured by the mortgage and is entitled to
foreclose pursuant to Florida Statute 673.3011(1).
7. PHH Mortgage Corporation ("PHH") is the loan servicer for this particular loan. Plaintiff
has delegated PHH Mortgage Corporation the authority to service the loan on its behalf pursuant
toa Limited Power of Attorney.
8. Defendant(s) have defaulted under the Note and Mortgage by failing to pay the payment
due as of August 1, 2020, and all subsequent payments.
9. Plaintiff declares the full amount payable under the Note and Mortgage to be due, except
to the extent any part of that amount is or would be subject to a statute of limitations defense.
10. Defendant(s) owe Plaintiff $126,979.99, which includes a deferred principal balance in
the amount of $19,100.00 that is due and owing on principal on the note and mortgage, plus
interest from and after July 1, 2020, and title search expenses for ascertaining necessary parties
to this action, pursuant to the documents attached, except for those defendants who have been
discharged in bankruptcy.
11. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem
Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be
PAGE 2
20-077993required to make such advances during the pendency of this action. Any such sum(s) so paid
will also be due and owing to the Plaintiff.
12. The property is now owned by Defendant(s), COLWYN FOSTER AND ALTHEA
FOSTER, and the record legal title to said mortgaged property is now vested in Defendant(s),
COLWYN FOSTER AND ALTHEA FOSTER who now hold(s) possession.
13. All conditions precedent to the acceleration of this mortgage note and to foreclosure of
the mortgage have occurred, been satisfied or been waived.
14. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is
entitled to recover its attorneys' fees pursuant to the express terms of the Note and Mortgage.
15. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior,
inferior and subject to the prior claim of Plaintiff.
16. Any interest in the property inuring to the Defendant, PREFERRED CREDIT, INC, is
subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to, STATE
OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM
recorded August 30, 2012, at Book 49038, Page 1436 of the Public Records of Broward County,
Florida, and UCC FINANCING STATEMENT AMENDMENT recorded July 10, 2017, at
Instrument 114490466 of the Public Records of Broward County, Florida.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and,
when applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay
plaintiff's claim, a deficiency judgment. Request that subject to any applicable statute of
limitations, that the Court ascertain the amount due to Plaintiff for principal and interest on the
Mortgage and Note and for late charges, abstracting, taxes, expenses and costs, including
PAGE 3
20-077993attorney's fees, plus interest thereon; that if the sums due Plaintiff under the Mortgage and Note
are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the
Property securing the indebtedness to satisfy the Plaintiff's mortgage lien in accordance with the
provisions of Florida Statutes §45.031 (2011); that the rights, title and interest of any Defendant,
or any party claiming by, through, under or against any Defendant named herein or hereinafter
made a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the
Property and of the rents, issues, income and profits thereof, or in the alternative, order
sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006);
and that the Court retain jurisdiction of this action to make any and all further orders and
Judgments as may be necessary and proper, including the issuance of a writ of possession and the
entry of a
PAGE 4
20-077993deficiency judgment decree, when and if such deficiency decree shall appear proper, if
borrower(s) has not been discharged in bankruptcy.
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
Executed on this 23rd day of December , 2020.
By: __/s/, Judiana Thurab _
Print Name: Juliana Thurab
Title: Contract Management Coordinator
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR INDYMAC
IMSC MORTGAGE LOAN TRUST 2007-F3,
MORTGAGE PASS-THROUGH CERTIFICATES
SERIES 2007-F3 by its attorney-in-fact PHH
Mortgage Corporation
RE: _ Borrower: COLWYN FOSTER
Address: 2801 SUNSHINE BLVD
MIRAMAR, FL 33023
File #: 20-077993
Robertson, Anschutz & Schneid, P.L.
Counsel for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
/s/ Melissa Konick
Melissa Konick, Esq.,
FL Bar No. 17569
Email: mkonick@rasflaw.com
PAGE 5
20-077993INTEREST-ONLY PERIOD FIXED RATE NOTE
MARCH 15, 2007 MIRAMAR ‘FLORIDA
[Date] [City] {State}
2801 EAST SUNSHINE BOULEVARD, MIRAMAR, FLORIDA 33023
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 188,000.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is COMUNITY LENDING,
INCORPORATED, A CALIFORNIA CORPORATION
I will make all payments under this Note in the form of cash, check or moncy order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest
at a yearly rate of 7.125%.
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
Twill make a payment every month. This payment will be for interest only for the first 120 months, and
then will consist of principal and interest.
Iwill make my monthly payment on the 1st day of cach month beginning on MAY 1 5
2007 . 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 if the payment includes both principal and interest it will be applied to interest before Principal. Ifon
APRIL 1, 2037 , [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 610 JARVIS DRIVE, SUITE 200, MORGAN
HILL, CALIFORNIA 95037
or 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.$ 1,116.25 forthe first 120 months of
this Note, and thereafter will be in the amount of U.S.$ 1,471.70 . The Note Holder will notify me
prior to the date of change in monthly payment,
4. BORROWER'S RIGHT TO PREPAY
Ihave the right to make payments of Principal at any time before they are duc. A payment of Principal only
is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so.
I may not designate a payment as a Prepayment if I have not made all the monthly payments due under 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 applying my
Prepayment to reduce the Principal amount of the Note. IfI make a partial Prepayment, there will be no changes in
FLORIDA INTEREST-ONLY PERIOD FIXED RATE NOTE DocMagic @Favrms 900-649-1362
Single Family - Fannie Mae UNIFORM INSTRUMENT www.docmagic.com
Form 3271.10 1/01 (rev. 09/06) Page 1 of 4
Exhibit Athe duc date of my monthly payment unless the Note Holder agrees in writing to those changes. However, if the
partial Prepayment is made during the period when my monthly payments consist only of interest, the amount of the
monthly payment will decrease for the remainder of the term when my payments consist only of interest as well as
during the time that my payments consist of principal and interest. If the partial Prepayment is made during the period
‘when my payments consist of principal and interest, the amount of my monthly payment will not decrease; however,
the principal and the interest required under this Note will be paid prior to the Maturity Date.
5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment
to me. Ifa 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 7
If the Note Holder has not received the full amount of any monthly payment by the endof 15
calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be
5.000 % of my overdue payment of interest and/or principal and interest. I will pay this late charge
promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal 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.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if] am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable 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 1 am
given a notice of that different address,
8. 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
FLORIDA INTEREST-ONLY PERIOD FIXED RATE NOTE DocMagic @Formns 600-649-1262
‘Single Family - Fannie Mae UNIFORM INSTRUMENT www. ic.
Form 3271.10 1/01 (rev. 09/06) Page 2 of 4 Hoerragre €orthis 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.
10. 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 ifI do not keep
the promises which I make in this Note. That Sccurity Instrument describes how and under what conditions I may
be required to make immediate payment in full of all amounts I owe under this Notc. Some of thosc conditions arc
described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
11. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
FLORIDA INTERESTIONLY PERIOD FIXED RATE NOTE Formas 600-019-
Single Family - Fannie Mae UNIFORM INSTRUMENT Docmagic vaverdocmagic.com
Form 3271.10 1/01 (rev. 09/06) Page 3 of 4WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
ud (Seal)
(Seal)
COLWYN ere -Borrower Borrower
(Seal) (Seal)
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(Seal) (Seal)
-Borrower -Borrower
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(Sign Original Only]
A.
FLORIDA INTEREST-ONLY PERIOD FIXED RATE NOTE
Single Family - Fannie Mae UNIFORM INSTRUMENT
F D 1101 (rev. 09/08) Page 4 of 4
1.
DocMagic ERornns 800-649-1362
www.doemagic.comPAY TO THE ORDER OF
ee
a Pay To The Order Of
To eat
UT RECOURSE Without Recourse
. JndyMac Bank, F.S.B.
[ CE-E_ i
SS Q Bintind
Bridh Brouillard
~ B&B Parker Fizst Vice President
Lean Closer
Sami inky Lending, incorporates!
6 Calfomia ComorationPage 1857, Page 1 of 15, Recorded 04/13/2007 at
CENA 1 0eS2e02> OR ei teeeP $658.00 Int. Tax $376.00 Deputy
02:30 PM, Broward County Commission, Doc M:
Clerk 3075
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This Instrument Prepared By:
P.O. BOX 7:
MORGAN HILL CA 95038-700
After Recording Return To:
COMUNITY LENDING, INCORPORATED
P.O. BOX 700
MORGAN HILL, CALI 95038
Loan Nurber? aia
— [Space Above This Line For Recording Data]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are also provided in Section 16,
(A) "Security Instrument"means this document, which is dated MARCH 15, 2007 » together
with all Riders to this document.
(B) “Borrower"is COLWYN FOSTER AND AL'THEA FOSTER, HIS WIFE.
Borrower is the mortgagor under this Security Instrument.
CO) PMERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
i01cly as a nominee for Lender and Lender's successors and assigns, MERS is the mortgagee under this Security
Jostrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tcl. (888) 679-MERS.
@) “Lender"is COMUNITY LENDING INCORPORATED
Lender isa CALIFORNIA CORPORATION organized
and existing under the laws of CALIFORNIA
Bender's address is 610 JARVIS DRIVE, SUITE 200, MORGAN HILL, CALTFORNIA
95037
GE) "Notemeans the promissory note signed by Borrower and dated. ~MARCH 15, 2007 :
‘The Note states that Borrower owes Lender. ONE HUNDRED EIGHTY-EIGHT THOUSAND AND
00/100 Dollars (U.S.$ 188,000.00 —— ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
APRIL 1, 2037 :
(FP) "Property"means the property that is described below under the heading "Transfer of Rights in the Property.”
FLORIBA--Single Hamil
Form 3010 1/09 (02/01
‘annie Mae/Fredaie Mac UNIFORM INSTRUMENT - MERS ~~ pocasayic ummm Saneoo>
Page tof 18 ‘www docmagia.com
6
Exhibit BCFN # 106992023, OR BK 43895 PG 1858, Page 2 of 15
(G)_“Loan"means the debt evidencedby the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
GH)" 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}:
Co Adjustable Rate Rider (Planned Unit Development Rider
CG Balloon Rider CD Biweekly Payment Rider
O14 Famity Rider (1 Second Home Rider
(Condominium Rider CF Other(s) fspccity]
@)__“ApplicableLaw" meansall controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rales and orders (that have 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.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers
(L) "Escrow Items"means those items that are described in Section 3,
(MD "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, oF
destruction of, the Property; (ii) condemmation or other taking of all or any part of the Property; (iii) conveyance in
lieu of condemnation; or (iv) misreprescatations of, or omissions as to, the Value and/or condition of the Property.
)_"MortgageInsurance” moans insurance protecting Lender against the nonpayment of, or default on, the Lore
(0) "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.F.R. Part 3500), as they might be amended from time to. time, or any additional or
Successor legislation or regulation that governs the same subject matter. As used in this Security Instrument.
“RESPA® refers to all sequirements and restrictions that are imposed in regard to a "federally related mortgaye 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.
FLORIGAE Siagle cami; Fannie MaeiFreddie Mac UNIFORM INSTRUMENT MERS Boenlagic Goma woones
Form 3018 1/04 (02/01/87) Page 2 of 15 www.doomagie.comCFN # 106992023, OR BK 43895 PG 1859, Page 3 of 15
TRANSFER OF RIGHTS IN THE PROPERTY
‘This Security Instrument secures to Lender: {i) the repayment of the Loan, and all renewals, extensions and modifications
of the Note; and (i) the performance of Borrower's covenants and agreements under this Security Instrument and the Note,
For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender’ ¢
‘successors and assigns) and to the suocessors and assigns of MERS, the following described property located in the
COUNTY of BROWARD
[ype of Recording Jurisdiction) [Name of Recording Jurisdiction)
Lot i, BLOCK 34, OF MIRAMAR SECTION 4, ACCORDING 10 THE PLAT
GHEREOF RECORDED IN PLAT BOOK 43, PAGE 16 OF THE PUBLIC RECORDS
OF BROWARD COUNTY FLORIDA.
A.P.N.: 1126-04-0460
which currently has the address of 2801 EAST SUNSHINE BOULEVARD
[Street]
MIRAMAR + Florida 33023 ("Property Address"):
(ei) [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all cascments,
appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be
Fovered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
Borrower understands and agreesthat MERS holds only legal ttle 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 sucesseo,
and aseigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
and sell the Property; and to take any action required of Lender including, but not limited to, releasing and. canceling
this Scourity Instrument,
BORROWER COVENANTS that Borrower is lawfully scised of the estate hereby conveyed and has the right
fo mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
‘Teeord. ‘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 combinesuniform covenants for national use and non-tmiform covenants with
Timited variations by jurisdiction to constitute a uniform security instrument covering real property.
LL dh
FLORIDA-Singie. "annie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS EF aeras 4
Form 2010 $108 woaenOry Page Sof 15 TET an dooaeesCFN # 106992023, OR BK 43895 PG 1860, Page 4 of 15
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Paymentof Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall
Pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is renamed to Lender unpaid,
Lender may require that any or all subsequent payments duc uader the Note and this Security Instrument be made in
one or more of the following forms, as sclectedby Lender: (a) cash; (b) money order; (c) certified check, bank check.
treasurer's check or cashicr’s check, provided any such check is drawn upon an institution whose deposits are insured
by 2 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 retura
‘ny payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loan current, without Waiver of any rights
hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such paymeuts are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lender nced 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 Lendcr shall bc applied in the following order of priority: (a) interest due under the Note:
(©) principal duc under the Note; (c) amounts due under Section 3, Such payments shall be applied to cach Periodi?
Payment in the order in which i¢ 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,
Tf 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, cach payment can be paid in full. ‘To the extent that
any extess oxists after the payment is applied to the fall payment of one or more Periodic Payments, such excess may
be applied to any late charges due, Voluntary prepayments shall be applied 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 th amount, of the Periodic Payments.
3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes end
assessments and other items which can attain priority over this Sccurity Instrument as a lien or encumbranee on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
Tequired 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,
qhese items are called "Escrow Items." At origination or a 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
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assessments shall be an Escrow Item, Borrower shall promptly fitrnish 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 Itenis, Lender may waive Borrower's obligation to pay to Lender
Funds for any or all Escrow Items at any time. Any such waiver may only be in writing, In the event of such waiver,
Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
“covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to
a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section
9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.
Lender may revoke the waiver as to any or all Escrow Items at any time by a uotice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3,
Lender may, at any time, collectand hold Funds in an amount (a) sufficient to permit Lender to apply the Funds
at the time specified under RESPA, and (b) mot to exceed the maximum amount a lender ean require under RESPA.
Lender shall estimate the amount of Funds due on the basis of current data and reasonable cstimates of expenditures
of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall aot 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 canings 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 defincd under RESPA, Lender shall account to Borrower for
the excess funds in accordance with RESPA. If there isa shortage of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than
12 monthly payments.
Upon payment in fall of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to
the Property which can attain priority over this Security Instrument, leaschold payments or ground reats on the
Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
@) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only
so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien
while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder
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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 lica. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the licn or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service
used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall kccp thc improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards
including, but not limited to, carthquakes 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 sentencescan 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 cxercisedunrcasonably. Lender may require Borrower o pay, in connection with this Loan, either: (a) a one-
time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of
any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amovat
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
of lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed
by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
Policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee.
In the cveat of loss, Borrower shall give prompt notice to the insurance carricr and Lender. Lender may make
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened,
During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender
has had am opportunity to inspect such Property to ensure the work has becn completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed, Unless an agreement
is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sale obligation of Borrower,
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{fthe restoration or repair is aot economically feasible or Lender's security would be lessened, the insurance proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then duc, with the excess, ifany, 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 docs not respond within 30 days to a notice from Lender that the insurance carrier has
offered to scttle 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 of otherwise, Borrower hercby
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 aneamed 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 2s Borrower's principal residence
within 60 days after the execution of this Security lastrument and shall continue to occupy the Property as Borrower's
Principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which
Consent shall not be unreasonably withheld, or ualess extenuating circumstances exist which are beyond Borrower's
control,
7 reservation, 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. Untess itis 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
4 series of progress payments as the work is completed, If the insurance or condemnation 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. Ifit has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice atthe titre
of or prior to such an interior inspection specifying such reasonable cause.
Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting atthe 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,
Toprescntations concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. _Trotection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fuls to perform the covenants aud agreements contained in this Security Instrument, (b) there is & legal
Proceeding that might significantly uffectLender’s interestin the Property and/or rights under this Security Instrument
Guch as a Proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of @ 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 inthe
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 include, but are not limited to: (a) paying any sures
secured bya lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
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attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument; including its secured
Position in a bankruptcy proceeding. Scouring 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 dangcrous conditions, and have utilities tumed 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 ineurs no ti for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Soction 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 tease.
Borrower shall not surrender the leasehold estate and interests herein conveyedor terminate or cancel the ground lease.
Borrower shall not, without the express written consent of Lender, alter or amend the ground 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 ceasesto 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 t0 the Mortgage
Insurance previously in effect, at a cost substantially equivalent 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 2 non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loau is ultimately paid in full, and Lender shall not be required to pay Borrower any.
interest or camings 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 scparatcly 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 arc on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. ‘These
agroements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer
may have available (which may include funds obtained from Mortgage Insurance premiums).
Asa result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or any affiliate of any of the foregoin
Preview
Case Number: CACE-21-000014 Division: 11 Filing # 118940919 E-Filed 12/31/2020 02:36:36 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR INDYMAC IMSC MORTGAGE LOAN TRUST 2007-F3, MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-F3, Plaintiff, vs. COLWYN FOSTER; ALTHEA FOSTER; PREFERRED CREDIT, INC, Defendant(s). / VERIFIED COMPLAINT FOR FORECLOSURE OF MORTGAGE Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR INDYMAC IMSC MORTGAGE LOAN TRUST 2007-F3, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-F3, sues the Defendants and alleges: COUNT I- MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage on real property in BROWARD County, Florida. 2. The Court has jurisdiction over the subject matter. 3. On or about March 15, 2007, COLWYN FOSTER executed and delivered a promissory note. A copy of the note is attached hereto as Exhibit "A". 4. On or about March 15, 2007, COLWYN FOSTER AND ALTHEA FOSTER executed and delivered a mortgage securmg payment of the note to COMUNITY LENDING, INCORPORATED. The mortgage was recorded on April 13, 2007, in Official Record Book 43895, at Page 1857, of the Public Records of Broward County, Florida, and encumbered the PAGE 1 20-077993 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/31/2020 02:36:33 PM.****property described in the mortgage then owned by and in possession of the mortgagor, a copy of the mortgage being attached hereto as 'Exhibit B'. Said loan was modified and a copy of the loan modification agreement is attached hereto and incorporated herein as Exhibit "C”. 5. The mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arismg out of mortgagor(s) or the mortgagor(s)' predecessor(s) in interest. 6. Plaintiff is the holder of the original note secured by the mortgage and is entitled to foreclose pursuant to Florida Statute 673.3011(1). 7. PHH Mortgage Corporation ("PHH") is the loan servicer for this particular loan. Plaintiff has delegated PHH Mortgage Corporation the authority to service the loan on its behalf pursuant toa Limited Power of Attorney. 8. Defendant(s) have defaulted under the Note and Mortgage by failing to pay the payment due as of August 1, 2020, and all subsequent payments. 9. Plaintiff declares the full amount payable under the Note and Mortgage to be due, except to the extent any part of that amount is or would be subject to a statute of limitations defense. 10. Defendant(s) owe Plaintiff $126,979.99, which includes a deferred principal balance in the amount of $19,100.00 that is due and owing on principal on the note and mortgage, plus interest from and after July 1, 2020, and title search expenses for ascertaining necessary parties to this action, pursuant to the documents attached, except for those defendants who have been discharged in bankruptcy. 11. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be PAGE 2 20-077993required to make such advances during the pendency of this action. Any such sum(s) so paid will also be due and owing to the Plaintiff. 12. The property is now owned by Defendant(s), COLWYN FOSTER AND ALTHEA FOSTER, and the record legal title to said mortgaged property is now vested in Defendant(s), COLWYN FOSTER AND ALTHEA FOSTER who now hold(s) possession. 13. All conditions precedent to the acceleration of this mortgage note and to foreclosure of the mortgage have occurred, been satisfied or been waived. 14. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys' fees pursuant to the express terms of the Note and Mortgage. 15. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior, inferior and subject to the prior claim of Plaintiff. 16. Any interest in the property inuring to the Defendant, PREFERRED CREDIT, INC, is subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to, STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM recorded August 30, 2012, at Book 49038, Page 1436 of the Public Records of Broward County, Florida, and UCC FINANCING STATEMENT AMENDMENT recorded July 10, 2017, at Instrument 114490466 of the Public Records of Broward County, Florida. WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and, when applicable, for attorneys’ fees), and, if the proceeds of the sale are insufficient to pay plaintiff's claim, a deficiency judgment. Request that subject to any applicable statute of limitations, that the Court ascertain the amount due to Plaintiff for principal and interest on the Mortgage and Note and for late charges, abstracting, taxes, expenses and costs, including PAGE 3 20-077993attorney's fees, plus interest thereon; that if the sums due Plaintiff under the Mortgage and Note are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy the Plaintiff's mortgage lien in accordance with the provisions of Florida Statutes §45.031 (2011); that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereinafter made a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction of this action to make any and all further orders and Judgments as may be necessary and proper, including the issuance of a writ of possession and the entry of a PAGE 4 20-077993deficiency judgment decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in bankruptcy. VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. Executed on this 23rd day of December , 2020. By: __/s/, Judiana Thurab _ Print Name: Juliana Thurab Title: Contract Management Coordinator DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR INDYMAC IMSC MORTGAGE LOAN TRUST 2007-F3, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-F3 by its attorney-in-fact PHH Mortgage Corporation RE: _ Borrower: COLWYN FOSTER Address: 2801 SUNSHINE BLVD MIRAMAR, FL 33023 File #: 20-077993 Robertson, Anschutz & Schneid, P.L. Counsel for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: mail@rasflaw.com /s/ Melissa Konick Melissa Konick, Esq., FL Bar No. 17569 Email: mkonick@rasflaw.com PAGE 5 20-077993INTEREST-ONLY PERIOD FIXED RATE NOTE MARCH 15, 2007 MIRAMAR ‘FLORIDA [Date] [City] {State} 2801 EAST SUNSHINE BOULEVARD, MIRAMAR, FLORIDA 33023 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 188,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is COMUNITY LENDING, INCORPORATED, A CALIFORNIA CORPORATION I will make all payments under this Note in the form of cash, check or moncy order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest at a yearly rate of 7.125%. 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 Twill make a payment every month. This payment will be for interest only for the first 120 months, and then will consist of principal and interest. Iwill make my monthly payment on the 1st day of cach month beginning on MAY 1 5 2007 . 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 if the payment includes both principal and interest it will be applied to interest before Principal. Ifon APRIL 1, 2037 , [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 610 JARVIS DRIVE, SUITE 200, MORGAN HILL, CALIFORNIA 95037 or 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.$ 1,116.25 forthe first 120 months of this Note, and thereafter will be in the amount of U.S.$ 1,471.70 . The Note Holder will notify me prior to the date of change in monthly payment, 4. BORROWER'S RIGHT TO PREPAY Ihave the right to make payments of Principal at any time before they are duc. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under 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 applying my Prepayment to reduce the Principal amount of the Note. IfI make a partial Prepayment, there will be no changes in FLORIDA INTEREST-ONLY PERIOD FIXED RATE NOTE DocMagic @Favrms 900-649-1362 Single Family - Fannie Mae UNIFORM INSTRUMENT www.docmagic.com Form 3271.10 1/01 (rev. 09/06) Page 1 of 4 Exhibit Athe duc date of my monthly payment unless the Note Holder agrees in writing to those changes. However, if the partial Prepayment is made during the period when my monthly payments consist only of interest, the amount of the monthly payment will decrease for the remainder of the term when my payments consist only of interest as well as during the time that my payments consist of principal and interest. If the partial Prepayment is made during the period ‘when my payments consist of principal and interest, the amount of my monthly payment will not decrease; however, the principal and the interest required under this Note will be paid prior to the Maturity Date. 5. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. Ifa 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 7 If the Note Holder has not received the full amount of any monthly payment by the endof 15 calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of interest and/or principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal 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. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if] am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable 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 1 am given a notice of that different address, 8. 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 FLORIDA INTEREST-ONLY PERIOD FIXED RATE NOTE DocMagic @Formns 600-649-1262 ‘Single Family - Fannie Mae UNIFORM INSTRUMENT www. ic. Form 3271.10 1/01 (rev. 09/06) Page 2 of 4 Hoerragre €orthis 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. 10. 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 ifI do not keep the promises which I make in this Note. That Sccurity Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Notc. Some of thosc conditions arc described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. FLORIDA INTERESTIONLY PERIOD FIXED RATE NOTE Formas 600-019- Single Family - Fannie Mae UNIFORM INSTRUMENT Docmagic vaverdocmagic.com Form 3271.10 1/01 (rev. 09/06) Page 3 of 4WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ud (Seal) (Seal) COLWYN ere -Borrower Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower es 7 de : 1 (Sign Original Only] A. FLORIDA INTEREST-ONLY PERIOD FIXED RATE NOTE Single Family - Fannie Mae UNIFORM INSTRUMENT F D 1101 (rev. 09/08) Page 4 of 4 1. DocMagic ERornns 800-649-1362 www.doemagic.comPAY TO THE ORDER OF ee a Pay To The Order Of To eat UT RECOURSE Without Recourse . JndyMac Bank, F.S.B. [ CE-E_ i SS Q Bintind Bridh Brouillard ~ B&B Parker Fizst Vice President Lean Closer Sami inky Lending, incorporates! 6 Calfomia ComorationPage 1857, Page 1 of 15, Recorded 04/13/2007 at CENA 1 0eS2e02> OR ei teeeP $658.00 Int. Tax $376.00 Deputy 02:30 PM, Broward County Commission, Doc M: Clerk 3075 f aa This Instrument Prepared By: P.O. BOX 7: MORGAN HILL CA 95038-700 After Recording Return To: COMUNITY LENDING, INCORPORATED P.O. BOX 700 MORGAN HILL, CALI 95038 Loan Nurber? aia — [Space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are also provided in Section 16, (A) "Security Instrument"means this document, which is dated MARCH 15, 2007 » together with all Riders to this document. (B) “Borrower"is COLWYN FOSTER AND AL'THEA FOSTER, HIS WIFE. Borrower is the mortgagor under this Security Instrument. CO) PMERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting i01cly as a nominee for Lender and Lender's successors and assigns, MERS is the mortgagee under this Security Jostrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tcl. (888) 679-MERS. @) “Lender"is COMUNITY LENDING INCORPORATED Lender isa CALIFORNIA CORPORATION organized and existing under the laws of CALIFORNIA Bender's address is 610 JARVIS DRIVE, SUITE 200, MORGAN HILL, CALTFORNIA 95037 GE) "Notemeans the promissory note signed by Borrower and dated. ~MARCH 15, 2007 : ‘The Note states that Borrower owes Lender. ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 00/100 Dollars (U.S.$ 188,000.00 —— ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL 1, 2037 : (FP) "Property"means the property that is described below under the heading "Transfer of Rights in the Property.” FLORIBA--Single Hamil Form 3010 1/09 (02/01 ‘annie Mae/Fredaie Mac UNIFORM INSTRUMENT - MERS ~~ pocasayic ummm Saneoo> Page tof 18 ‘www docmagia.com 6 Exhibit BCFN # 106992023, OR BK 43895 PG 1858, Page 2 of 15 (G)_“Loan"means the debt evidencedby the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. GH)" 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}: Co Adjustable Rate Rider (Planned Unit Development Rider CG Balloon Rider CD Biweekly Payment Rider O14 Famity Rider (1 Second Home Rider (Condominium Rider CF Other(s) fspccity] @)__“ApplicableLaw" meansall controlling applicable federal, state and local statutes, regulations, ordinances and administrative rales and orders (that have 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. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers (L) "Escrow Items"means those items that are described in Section 3, (MD "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, oF destruction of, the Property; (ii) condemmation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misreprescatations of, or omissions as to, the Value and/or condition of the Property. )_"MortgageInsurance” moans insurance protecting Lender against the nonpayment of, or default on, the Lore (0) "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.F.R. Part 3500), as they might be amended from time to. time, or any additional or Successor legislation or regulation that governs the same subject matter. As used in this Security Instrument. “RESPA® refers to all sequirements and restrictions that are imposed in regard to a "federally related mortgaye 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. FLORIGAE Siagle cami; Fannie MaeiFreddie Mac UNIFORM INSTRUMENT MERS Boenlagic Goma woones Form 3018 1/04 (02/01/87) Page 2 of 15 www.doomagie.comCFN # 106992023, OR BK 43895 PG 1859, Page 3 of 15 TRANSFER OF RIGHTS IN THE PROPERTY ‘This Security Instrument secures to Lender: {i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (i) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender’ ¢ ‘successors and assigns) and to the suocessors and assigns of MERS, the following described property located in the COUNTY of BROWARD [ype of Recording Jurisdiction) [Name of Recording Jurisdiction) Lot i, BLOCK 34, OF MIRAMAR SECTION 4, ACCORDING 10 THE PLAT GHEREOF RECORDED IN PLAT BOOK 43, PAGE 16 OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA. A.P.N.: 1126-04-0460 which currently has the address of 2801 EAST SUNSHINE BOULEVARD [Street] MIRAMAR + Florida 33023 ("Property Address"): (ei) [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all cascments, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be Fovered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agreesthat MERS holds only legal ttle 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 sucesseo, and aseigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and. canceling this Scourity Instrument, BORROWER COVENANTS that Borrower is lawfully scised of the estate hereby conveyed and has the right fo mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of ‘Teeord. ‘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 combinesuniform covenants for national use and non-tmiform covenants with Timited variations by jurisdiction to constitute a uniform security instrument covering real property. LL dh FLORIDA-Singie. "annie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS EF aeras 4 Form 2010 $108 woaenOry Page Sof 15 TET an dooaeesCFN # 106992023, OR BK 43895 PG 1860, Page 4 of 15 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Paymentof Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall Pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is renamed to Lender unpaid, Lender may require that any or all subsequent payments duc uader the Note and this Security Instrument be made in one or more of the following forms, as sclectedby Lender: (a) cash; (b) money order; (c) certified check, bank check. treasurer's check or cashicr’s check, provided any such check is drawn upon an institution whose deposits are insured by 2 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 retura ‘ny payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without Waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such paymeuts are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender nced 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 Lendcr shall bc applied in the following order of priority: (a) interest due under the Note: (©) principal duc under the Note; (c) amounts due under Section 3, Such payments shall be applied to cach Periodi? Payment in the order in which i¢ 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, Tf 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, cach payment can be paid in full. ‘To the extent that any extess oxists after the payment is applied to the fall payment of one or more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be applied 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 th amount, of the Periodic Payments. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes end assessments and other items which can attain priority over this Sccurity Instrument as a lien or encumbranee on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance Tequired 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, qhese items are called "Escrow Items." At origination or a 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 fa FLORIDA *Family—Fannie Mae/Freddia Mac UNIFORM INSTRUMENT - MERS: CFOS 800-649-1: Fomr odo oe UeTy Reet COMO ras ete eeCFN # 106992023, OR BK 43895 PG 1861, Page 5 of 15 assessments shall be an Escrow Item, Borrower shall promptly fitrnish 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 Itenis, Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a uotice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3, Lender may, at any time, collectand hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) mot to exceed the maximum amount a lender ean require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable cstimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall aot 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 canings 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 defincd under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there isa shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in fall of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leaschold payments or ground reats on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: @) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder tO FLORIDA-Kinglo Fartiy” Fannie Nac/Fredaie Mac UNIFORM INSTRUMENT -WERS —pocwagie @Rurane mnaars a 108 (ono) Page Sot 15 Wwww.docmagic.com Form 30CFN # 106992023, OR BK 43895 PG 1862, Page 6 of 15 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 lica. Within 10 days of the date on which that notice is given, Borrower shall satisfy the licn or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall kccp thc improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, carthquakes 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 sentencescan 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 cxercisedunrcasonably. Lender may require Borrower o pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amovat 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 of lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such Policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the cveat of loss, Borrower shall give prompt notice to the insurance carricr and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had am opportunity to inspect such Property to ensure the work has becn completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sale obligation of Borrower, a FLORIBA—gingle Family—-Fgnnie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Forme, 13 Foonaoro Wor uasuen ears CN eaeCFN # 106992023, OR BK 43895 PG 1863, Page 7 of 15 {fthe restoration or repair is aot economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duc, with the excess, ifany, 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 docs not respond within 30 days to a notice from Lender that the insurance carrier has offered to scttle 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 of otherwise, Borrower hercby 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 aneamed 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 2s Borrower's principal residence within 60 days after the execution of this Security lastrument and shall continue to occupy the Property as Borrower's Principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which Consent shall not be unreasonably withheld, or ualess extenuating circumstances exist which are beyond Borrower's control, 7 reservation, 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. Untess itis 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 4 series of progress payments as the work is completed, If the insurance or condemnation 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. Ifit has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice atthe titre of or prior to such an interior inspection specifying such reasonable cause. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting atthe 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, Toprescntations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. _Trotection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fuls to perform the covenants aud agreements contained in this Security Instrument, (b) there is & legal Proceeding that might significantly uffectLender’s interestin the Property and/or rights under this Security Instrument Guch as a Proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of @ 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 inthe 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 include, but are not limited to: (a) paying any sures secured bya lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable y 5 SIRT ETI Fane Mae/Fredilo Wes UNIFORN INSTRUWENT-WERS —— pocaspic GaN GOLGI 0 ot coe ort Page Taste ‘www docmegiecomCFN # 106992023, OR BK 43895 PG 1864, Page 8 of 15 attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument; including its secured Position in a bankruptcy proceeding. Scouring 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 dangcrous conditions, and have utilities tumed 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 ineurs no ti for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Soction 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 tease. Borrower shall not surrender the leasehold estate and interests herein conveyedor terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground 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 ceasesto 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 t0 the Mortgage Insurance previously in effect, at a cost substantially equivalent 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 2 non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loau is ultimately paid in full, and Lender shall not be required to pay Borrower any. interest or camings 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 scparatcly 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 arc on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. ‘These agroements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). Asa result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoin