Complaint,Petition: NATIONSTAR MORTGAGE LLC VS KELLEY ROARK ET AL

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                                Filing # 57869732 E-Filed 06/16/2017 01:26:53 PM

IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO.

NATIONSTAR MORTGAGE LLC,
Plaintiff,

vs.

KELLEY ROARK A/K/A KELLEY S.
ROARK; UNKNOWN SPOUSE OF
KELLEY ROARK A/K/A KELLEY 8.
ROARK; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC, AS
NOMINEE FOR COUNTRY WIDE HOME
LOANS, INC.; ANY AND ALL
UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER, AND AGAINST
THE HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT
KNOWN TO BE DEAD OR ALIVE,
WHETHER SAID UNKNOWN PARTIES
MAY CLAIM AN INTEREST AS
SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS,
Defendant(s).
/

VERIFIED MORTGAGE FORECLOSURE COMPLAINT
Plaintiff, NATIONSTAR MORTGAGE LLC, sues Defendants and alleges:

COUNT I
MORTGAGE FORECLOSURE
1. This is an action to foreclose a mortgage on real property in MIAMI-DADE County,

Florida.

2. Defendant(s), KELLEY ROARK A/K/A KELLY S. ROARK (the "Borrower(s)"),
executed a Promissory Note ("Note") dated July 14, 2006. A copy of the Note is attached hereto

PAGE 1
17-031626as Exhibit "A". Defendant, KELLEY ROARK A/K/A KELLY S. ROARK, executed a Mortgage
dated July 14, 2006, securing the payment of the Note. A copy of the Mortgage is attached
hereto as Exhibit "B". The Mortgage was recorded on July 25, 2006, in Official Records Book
24751, at Page 3725, of the Public Records of Miami-Dade County, Florida, (All subsequent
recording references are to the public records of Miami-Dade County, Florida) and mortgaged
the real and personal property ("Property") described therein, then owned by and in possession of

the Mortgagor(s), a copy of the Note and Mortgage are attached hereto.
3. Plaintiff holds the Note and Mortgage.

4, The property is now owned of record by Defendant(s), KELLEY ROARK A/K/A

KELLY S. ROARK .

5, Defendant(s) has defaulted under the Note and Mortgage by failing to pay the payment

due July 01, 2012 and all subsequent payments.

6, 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 viable statute of limitations

defense,

7. Borrower(s) owe Plaintiff $406,924.21 that is due on principal on the Note and Mortgage,
interest from June 01, 2012, late charges, costs of collection and reasonable attorney's fees, and

such other expenses as may be permitted by the mortgage.

8, All conditions precedent to the acceleration of the Note and foreclosure of the Mortgage

have been performed, have occurred or have been waived.

PAGE 2
17-0316269. Plaintiff has retained Robertson, Anschutz & Schneid, P.L. to initiate and maintain this
action and is obligated to pay it a reasonable fee for its services in bringing this action, as well as
all costs of collection, all of which Plaintiff is entitled to recover from Defendant(s) pursuant to

the Note and Mortgage.

10, The interests of each Defendant are subject, subordinate, and inferior to the right, title,

interest, and lien of Plaintiff's Mortgage, unless as otherwise provided for by law.

il. Defendant, UNKNOWN SPOUSE OF KELLEY ROARK A/K/A KELLEY S. ROARK,
may clair some right, title, or interest in the property herein sought to be foreclosed by virtue of
homestead rights, possession or some other unknown interest, the exact nature of which is
unknown to Plaintiff and not a matter of public record, However, said interest, if any, is

subordinate, junior, and inferior to the lien of Plaintiff's mortgage.

12. Any interest in the property inuring to the Defendant, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC, AS NOMINEE FOR COUNTRYWIDE HOME LOANS,
INC,, is subordinate and inferior to the lien of Plaintiff's mortgage, including, but not limited to,
MORTGAGE recorded July 25, 2006, in Official Record Book 24751 at Page 3742 of the Public

Records of Miami-Dade County, Florida.

13. Any and all unknown parties claiming by, through, under, and against the herein named
individual defendant(s) who are not known to be dead or alive, whether said unknown patties
may claim an interest as spouses, heirs, devisees, grantees, or other claimants are joined as
defendants herein, The claims of said defendants are subordinate, junior, and inferior to the

interest of the Plaintiff.

PAGE 3
17-031626WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, for costs (and,
when applicable, attomeys’ fees), and, if the proceeds of the sale are insufficient to pay
Plaintiff's judgment, Plaintiff asks the Court to reserve jurisdiction to determine whether a
deficiency is appropriate, in the event it is sought, Subject to any applicable statute of limitations,
Plaintiff further requests 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 attorneys’ fees, plus interest thereon. If the sums due Plaintiff under the Mortgage and
Note are not paid immediately, Plaintiff requests that 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 (2006); and 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.
Plaintiff further requests, where applicable, that the Court appoint a receiver of the Property and
of the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents,
issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain
jurisdiction of this action to make any and all further orders and judgments as may be necessary
and proper, including the issuance of a writ of possession and the entry of a deficiency judgment
decree, when and if such deficiency decree shall appear proper, provided Borrower(s) has/have

not been discharged in bankruptcy. Finally, Plaintiff asks the Court to retain jurisdiction to

PAGE 4
17-031626resolve disputes that might arise with respect to assessments due or allegedly due to any

Homeowners or Condominium Association, if applicable.

FLA. R. CLY. P. 1,115(¢) 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.

By:
Print Name: _ Christy Vieau

Title: Document Execution Specialist _

Company: NATIONSTAR MORTGAGE LLC
Date: June 08, 2017

Plaintiff, by and through the undersigned attorney, prays this honorable Court grant the
above requested relief and such other relief deemed appropriate and just.

Dated this day of ___ JUN 45.207 ,20..

ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff

6409 Congress Ave., Suite 100

Boca Raton, FL 33487

Telephone: 561-241-6901

Facsimile: 561-997-6909

Service Email: mail@rasflaw.com

Po a

Jonathan Meisels, Esq, Florida Bar No, 29235, Email Address: j.meisels@rasflaw.com
Melissa Konick, Esq., Florida Bar No. 17569, Email Address: mkonick@rasflaw.com
Sean M. Swartz, Esq., Florida Bar No. 112209, Email Address: sswartz@rasflaw.com
Wendy Manswell, Esq., Florida Bar No. 12027, Email Address: wmanswell@rasflaw.com
Tiffanie Waldman, Esq., Florida Bar No. 86591, Email Address: twaldman@rasflaw.com
Can Guner, Esq., Florida Bar No. 20931, Email Address: cguner@rasflaw.com
Gweneth Brimm, Esq., Florida Bar No, 727601, Email Address: gbrimm@rasflaw.com
Olivia Soden, Esq., Florida Bar No. 97086, Email Address: osoden@rasflaw.com
Shannon Dobel, Esq., Florida Bar No, 126299, Bmail Address: sdobel@rasflaw.com

neo
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ay

PAGE 5
17-031626Prepared by: JESSICA K. HERNANDEZ

ADJUSTABLE RATE NOTE

(MTA-Twelve Month Average Index - Payment ORY.

THIS NOTE CONTAINS PROVISIONS THAT WILL CHANGE THE INTEREST RATE AND THE MONTHLY rAl
THERE MAY BE A LIMIT ON THE AMOUNT THAT THE MONTHLY PAYMENT CAN INCREASE OR DECREASE. THE

PRINCIPAL AMOUNT TO REPAY COULD BE GREATER THAN THE AMOUNT ORIGINALLY BORROWED, BUT NOT

MORE THAN THE MAXIMUM LIMIT STATED IN THIS NOTE.

JULY 14, 2006 MIAMI SHORES FLORIDA
{Date} {City} {State}

12135 NE 10th Ave, North Miami, FL 33161-5723
{Property Address]

1. BORROWER'S PROMISE TO PAY .
. In return for a loan that I have received, I promise to pay U.S. $ 392,000.00 (this amount is called “Principal"), plus
interest, to the order of Lender, The Principal amount may increase as provided under the terms of this Note but will never exceed
115. percent of the Principal amount J originally borrowed. This is called the “Maximum Limit." Lender is
COUNTRYWIDE HOME LOANS, INC.
I will make all payments under this Note in the form of cash, check or money order,
1 understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive
pagsnents under this Note is called the “Note Holder.”

2. INTEREST

(A) Interest Rate

Interest will be charged on unpaid Principal until the full amount of Principal has been paid. Up until the first day of the
calendar month that immediately precedes the first monthly payment due date set forth in Section 3 of this Note, 1 will pay interest at
a yearly rate of 1.250 %. Additional days interest collected prior to the first monthly payment due date is sometimes called
“Per Diem” interest and is due at the time I close my Joan, Thereafter until the first Interest Rate Change Date, defined below in
Section 2(B), | will pay interest at a yearly rate of 1.250 %. This rate is sometimes referred to as the “Start Rate” and is used
to calculate the initial monthly payment described in Section 3, The interest rate required by this Section 2 of this Note is the rate 1
will pay both before and after any default described in Section 7(B) of this Note.

(B) Interest Rate Change Dates

The interest rate I will pay may change on the first day of SEPTEMBER, 2006 , and on that day
every month thereafter. Each date on which my interest rate could change is called an "Interest Rate Change Date.” The new rate of
interest will become effective on cach Interest Ratc Change Date. The interest rate may change monthly, but the monthly payment is
recalculated in accordance with Section 3.

{C) Index

Beginning with the first Interest Rate Change Date, my adjustable interest rate will be based on an Index. The "Index" is the
*“Twelve-Month Average” of the annual yields on actively traded United States Treasury Securities adjusted to a constant maturity of
one year as published by the Federal Reserve Board in the Federal Réserve Statistical Release entitled “Selected Interest Rates

@ Florida PayOption ARM Note - MTA index

1€318-FL (12/05\(d) Page 1 ofS EXHIBIT A

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08-0238(3: Loan ¢: 2D
(H.15)" (the “Monthly Yields"). The Twelve Month Average is determined by adding together the Monthly Yields for the most
recently available twelve months and dividing by 12. The most recent Index figure available as of the date 15 days before each
Interest Rate Change Date is called the "Current Index". “

If the Index is no longer available, the Noie Holder will choose a new index that is upon comparable information. The
Note Holder wilt give me notice of this choice. O;

(@) Calculation of Interest Rate Changes he ;
Before each Interest Rate Change Date, the Note Holder will calculate my new interest rate by a idl AR 2
THREE & 40/100 percentage point(s) 3. 400 ("Margin") to the Current Index. The Noi] Vill then

round the result of this addition to the nearest one-eighth of one percentage point (0.125%). This rounded amount
interest rate until the next Interest Rate Change Date. My interest will never be greater than 9.950 %, Beginning wi!
Interest Rate Change Date, my interest rate will never be lower than the Margin.

  
  

3. PAYMENTS

(A) Time and Place of Payments

will make a payment every month,

1 will make my monthly payments on the first day of each month beginning on

SEPTEMBER 01, 2006. I will make these payments every month until I have paid all the Principal and interest and any other

charges described below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date and
will be applied to interest before Principal. If,on AUGUST 01, 2036 , 1 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
P.O. Box 660694, Dallas, TX 75266-0694
or at a different place if required by the Note Holder.

  

(B) Amount of My Initia} Monthly Payments
Each of my initial monthly payments until the first Payment Change Date will be in the amount of US.
$ 1,306.35 , unless adjusted under Section 3(F).

(C) Payment Change Dates

My monthly payment may change as required by Section 3(D) below beginning on the first day of
SEPTEMBER, 2007 and on that day every 12th month thereafter. Bach of these dates is. called a “Payment Change Date.”
My monthly payment also will change at any time Section 3(F) or 3(G) below requires me to pay a different monthly payment. The
“Minimum Payment” is the minimum amount Note Holder will accept for my monthly payment which is determined at the last
Payment Change Date or as provided in Section 3(F) or 3(G) below. If the Minimum Payment is not sufficient to cover the amount of
the interest due then negative amortization will occur.

1 will pay the amount of my new Minimum Payment each month beginning on each Payment Change Date or as provided in
Section 3(F) or 3(G) below.

(@) Catculation of Monthly Payment Changes
At least 30 days before each Payment Change Date, the Note Holder will cafculate the amount of the monthly payment that
would be sufficient to repay the unpaid Principal that I am expected to owe at the Payment Change Date in full on the maturity date
in subsiantially cqual payments ot the interest rate effective during the month preceding the Payment Change Date. The result of this
calculation is called the "Ful! Payment,” Unless Section 3(F) or 3(G) apply, the amount of my new monthly payment
effective on a Payment Change Date, will not increase by more than 7.500% of my prior monthly payment. This
7.500% limitation is called the "Payment Cap." This Payment Cap applies only to the Principal and interest payment
and does not apply to any escrow payments Lender may require under the Sccurity Instrument. The Note Holder will apply the
Payment Cap by taking the amount of my Minimum Payment due the month preceding the Payment Change Date and multiplying
it by the number 1.075. The result of this calculation is called the "Limited Payment." Unless Section 3(F) or 3(G)
below requires me to pay a different amount, my new Minimum Payment will be the lesser of ihe Limited Payment and the Full
Payment, .

(E) Additions to My Unpaid Principal

Since my monthly payment amount changes less frequently than the interest rate, and since the monthly payment is subject to
the payment limitations described in Section 3(D), my Minimum Payment could be less than or greater than the amount of the interest
portion of the monthly payment that would be sufficient to repay the unpaid Principal I owe at the monthly payment date in full on

© Florida PayOption ARM Note - MTA Index

4€318-FL (12/05) ; Page 2 of 5 Kh by CF RIScon ¢:
the Maturity Date in substantially equal payments. For cach month that my monthly payment is less than the interest Portion, the Note
Holder will subtract the amount of my monthly payment from the amount of the interest portion and will add the difference to my
unpaid Principal, and interest will accrue on the amount of this difference at the intere: quired by Section 2. For each month
that the monthly payment is greater than the inierest portion, the Note Holder will apply provided in Section 3(A).

  
 
  
 
 

() Limit on My Unpaid Principal; Increased Monthly Payment

My unpaid Principal can never excced the Maximum Limit equa) to ONE HUN! REDS percent
( 115  %) of the Principal amount I originally borrowed. My unpaid Principal could exceed tha it due to
Minimum Payments and interest rate increases. In that event, on the date that my paying my Minimum Paymefitrepsd/gause me to

exceed that limit, I will instead pay a new Minimum Payment. This means that my monthly payment may change Mdig,
than annually and such payment changes will not be limited by the Payment Cap. The new Minimum Payment will be in'an amount
that would be sufficient to repay my then unpaid Principal in full on the Maturity Date in substantially equal payments at the current
interest rate.

(G) Required Full Payment

On the tenth Payment Change Date and on each succeeding fifth Payment Change Date thereafter, I will
begin paying the Full Payment as my Minimum Payment until my monthly payment changes again. I also will begin paying the Full
Payment as my Minimum Payment on the final Payment Change Date.

(H) Payment Options

After the first Interest Rate Change Date, the Note Holder may provide me with up to three (3) additional payment options that
are greater than the Minimum Payment, which are called "Payment Options.” The Payment Options are calculated using the new
interest rate in accordance with Section 2(D). I may be given the following Payment Options:

() Interest Only Payment: the amount that would pay the interest portion of the monthly payment. The Principal
balance will not be decreased by this Payment Option and it is only available if the interest portion exceeds the Minimum
Payment.

(ii) Amortized Payment: the amount necessary to pay the loan off (Principal and interest) at the Maturity Date in
substantially equal payments. This monthly payment amount is calculated on the assumption that the current rate will remain in
effect for the remaining term.

(ii) 15 Year Amortized Payment: the amount necessary to pay the loan off (Principal and interest) within a fifieen (15)
year term from the first payment due date in substantially equal payments. This monthly payment amount is catculated on the
assumption that the current rate will remain in effect for the remaining term.

‘These Payment Options are only applicable if they are greater than the Minimum Payment.

4, NOTICE OF CHANGES

The Note Holder will deliver or mail to me a notice of any changes in the amount of my monthly payment before the effective
date of any change. The notice will include information required by law to be given to me and also the title and telephone number of
a person who will answer any question I may have regarding the notice.

5, BORROWER'S RIGHT TO PREPAY

T have the right to make payments of Principal at any time before they arc due. A payment of Principal only is known as a
“Prepayment.” When I make a Prepayment, I will tell the Note Holder in wri ting that I am doing so. I may not designate a payment as
a Prepayment if I have not made all the monthly payments due under this Note.

T may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that | owe under this Note. If | make a partial Prepayment, there will be no changes in
the due dates of my monthly payments. My partial Prepayment may reduce the amount of my monthly payments after the first
Payment Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an
interest rate increase.

6. LOAN CHARGES

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 joan charge shall be
reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that

® Florida PayOption ARM Note - MTA index

1318-FL (12/05) Page 30tS Als
ka by PP@ @
LOAN #:

exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe
under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial
Prepayment, . ’

7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges fur Overdue Payments
If the Note Holder has not received the full amount of any Minimum Payment by the end
date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be
Payment. I will pay this late charge promptly but only once on each late payment.

a Al

If 1 do not pay the full amount of each Minimum Payment on the date it is due, I will be in default.

  
  

lendar days after the
the Minimum

(C) Notice of Default

If | am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the Minimum Payment by a
certain date, the Note Holdcr may require me to pay immediately the full amount of Principal that has not been paid and all the
interest that ] owe. The date must be at Ieast 30 days after the date on which the notice is mailed to me or delivered by other means.

@)_ No Waiver By Note Holder
Even if, at a time when I am in 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. These expenses
include, for example, reasonable attorneys’ fees.

8. GIVING OF NOTICES

Unless applicable law requires a different method, any notice that must be given io me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder
a notice of my different address.

Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be
given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a
different address if I am given a notice of that different address.

9. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more than one person signs this Note, each person is fully and personally obligated to keep all 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 the promises made in this Note. The Note Holder may enforce its rights under this Note against
each person individually or aj «all of us together. This means that any one of us may be required to pay all the amounts owed
under this Note,

 

10. WATVERS

I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor" means the right
to require the Note Holder to give notice to other persons that amounts due have not been paid.

11. SECURED NOTE

In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the
"Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not
keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to
make immediate payment in full of all amounts I owe under this Note. Some of these conditions are described as follows:

© Florida PayOption ARM Note - MTA Index

16318-FL (12/05) Page 4015 (Ch by ae? IS® Low 1: TY

Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, “Interest in the Property” means
any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for decd,
contract for deed, installment sales contract or escrow agreement, the intent of which is U ogra fer of title by Borrower at a future
date to a purchaser. €

if all or any part of the Property or any Interest in the Property is sold or transferred (OPPO
beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent, Lenddyy
in full of all sums secured by this Security Instrument. However, this option shall not be exercised &
prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes t
information required by Lender to evaluate the intended transferce as if a new loan were being made to the tansft
reasonably determines that Lender’s security will not be impaired by the loan assumption and that the risk of
covenant or agreement in this Security Instrument is acceptable to Lender.

To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan
assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates
the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be
obligated under the Note and this Security Instrument unless Lender releases Borrower in writing.

If Lender exercises the option to require immediate paymeni in full, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.

   
  
  
   

a natural person and a
|gyimmediate payment
Ke h exercise is
to Lender
d (bY Lender
of any

    
 
  

 

12, DOCUMENT TAX
‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.

“as attorney in fact 101”
Liable, lela og bart (=

KELLEY ROARK -Borrower

 

-Borrower

 

-Borrower

 

PAY TO THE ORDER OF

Borrower

  
 

 
  

[\i

 

*ostid a. Spector
Managing Director
© Florida PayOption ARM Note - MTA index
4€318-FL (12/05) Page 5 ofS k a by ee AisPrepared by: JESSICA K, HERNANDEZ COUNTRYWIDE HOME LOANS, INC.

4

  

DATE: * 07/14/2006 ch H: 0001434
BORROWER: KELLEY ROARK 2TH CT ee
CASE #: GEL 33016
LOAN #: Samer AP Mai pe ag- 4164
PROPERTY ADDRESS: MMMM NE 10th Ave “Us
North Miami, FL 33161-5723
PREPAYMENT PENALTY ADDENDUM 4
THIS PREPAYMENT PENALTY ADDENDUM is dated JULY 14, 2006 , and is incorporated into and

amends and supplements the Note of the same date (the "Notc") given by me to

COUNTRYWIDE HOME LOANS, INC.

(the "Lender"), The Note is secured by a Mortgage or Deed of Trust or comparable security insuument (the “Security
Instrument") covering the property (the "Property") identified in the Security Instrument.

The section of the Note entitled "Borrower's Right to Prepay” is replaced with the following new section:
BORROWER'S RIGHT TO PREPAY

f have the right to make payments of Principal at any time before they arc duc. A prepayment of all of the unpaid
Principal is known as a “Full Prepayment.” A prepayment of only part of the unpaid Principal is known as a “Partial
Prepayment.” When I make a Partial or Pull Prepayment, | will tell the Note Holder in writing that I am doing so.

Subject to the Prepayment Penalty specified below, I may make a Full Prepayment or Partial Prepayments of my
obligation, The Note Holder will use all of my prepayments to reduce the amount of Principal that I owe under the Note. If
I make a Partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment,

If within the first TWELVE months after the execution of this Note, I make
prepayment (s), the total of which exceeds twenty (20) percent of the original
Principal amount of this Note, I agree to pay a Prepayment Penalty in an amount
equal to the payment of six (6) months' advance interest on the amount by which the
total of my prepayment(s) during the twelve (12) month period immediately preceding
the date of the prepayment exceeds twenty (20) percent of the original Principal
amount of this Note. Interest will be calculated using the rate in effect at the
time of prepayment. .

© Multistate Prepayment Penalty Addendum
1€296-XX (01/05)(d) Page 1 of 2Moke b

KELLEY ROARK “as attorney in fa

 

 

 

Borrower

 

Borrower

 

 

© Mulistalo Prepaymont Penalty Addendum
1€296-XX (01/05) * Page 2 of 2MOU REA TRE
0808 NED ee PANU AT TEE AT A

  

MIA! ¢ CEFN 2ON6RO79820
Lo? nner RAM SEUORES, FL. 33138 Seok 271 Fas 1 BTelt fess
COUNTRYWIDE HOI} LOAYS, INC. RECORDED 09/28/2006 1175:

MS SV~79 ECCUME IT PRICESSING INTANG TAX 786,00

 

HARVEY RUVINy CLERK OF COURT

P.0.Box 1(4! MNIAHI-DADE COUNTY? FLORIDA

van Nuys, CA %. 1-123
‘This documen. was pr-oared ty:
JESSICA K. HERM NDE

COUNTRYWICE HOM “OANS, INC.

15150 NW 79TH C. S7T;.100
MIAMI LAKES

 

 

 

PL 33016
aaa ~~ a
(escMen/Cloaing #1 pee 1
MORTGAGE
DEFINITIONS

1 Words used in multiple -ectiont of this document are defined below and other words are defined in Sections 3,
11, 13, 18, 20 and 23, ¢ ertain rules regarding the usage of words used in this document are also provided in
Section 16.

(A) “Security Instranent" means this document, which is dated JULY 14, 2006 together
with all Riders to this de sument,

(8) "Borrower" is

KELLEY ROARK, # SINGLE WOMAN

Borrower is the morigay:xt under this Security Instrument,

(© "MERS" is Mortgnze Hlectronic Registration Systems, Inc, MERS is a separate curporation that is neting
solely as a nominee fer Lander and Lender's successors and assigns. MERS is the mortgagee under this
Security Instrument, MI2RS is organized and existing under the laws of Delaware, and has an address and
telephone number of F.C: Box 2926, Flint, MI 48501-2026, tel. (888) 679-MERS.

{D) "Lender" is

COUNTRYWIDE HOME LCANS, INC.

Lender is a CORPORAT:ON

organized and existing under the laws of NEW YORK

Lender's address is.

4500 Park Grenada MSNf SVB-314, Calabasas, CA 91302~1 613 .
(E) “Note” meens the j:romissory note signed by Borrower and dated JULY 14, 2006 . The
Note states that Borrower owes Lender

THREE HUNDRED NINRTY TWO THOUSAND and 00/100

 

Dollars (U.S, $ 392,00: .20 ) plug interest, Borrower has promised to pay this debt in regular
Periodic Payments and (2 pay the debt in full not later than AUGUST 01, 2036 .

(F) "Property" mcans the: property that is described below under the heading "Transfer of Rights in the
Property.”

FLORIDA-Single Fevnily-¥1

  

sla Mae Frecidie Mac UNIFOR# INSTRUMENT WITH MERS
Page sof 11
BP ence) 00s, cis. (00:08y{e) VHP Morioage Sotaton, me, (B00}S-7291 Form 3010 1/01

mn oo mB

  

LP by RE AS

“
Book24751/Page3725 CFN#20060798202 Page 1 of 17DOC ID #:

(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.

(A) “Riders” means all Riders to this Security Instrument that are executed by Borrower, The following
Riders are to be executed by Borrower [check box as applicable};

Adjustable Rate Rider [—] Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider (—] 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(s) [specify}

® “Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of aw) as well as all applicable finai,
non-appealable judicial opinions,

(J) "Community Association Dues, Fees, and Assessments" means a 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 tansfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.

(L) "Escrow Items" means those items that are described in Section 3.

(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)
conveyance in iew of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.

(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan,

(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (i) any amounts under Section 3 of this Security Instrument.

(P) "RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. Section 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
Sccurity Instrument, "RESPA” refers to all requirements and restrictions that are imposed in regard to a
“federally related mortgage Joan” 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,

‘TRANSFER OF RIGHTS IN THE PROPERTY
‘This Security Instrument secures to Lender: (j) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ji) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby morigage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns
of MERS, the following described property located in nine
COUNTY MIAMI-DADE

ype of Recording Jurisdiction} {Name of Recording Jurisdiction}
Lot 1, Block 3 of PRIORS 2ND ADDITION TO BISCAYNE PARK ESTATES, according
to the plat thereof, as recorded in Plat Book 45, Page 60 of the Public
Records of Miami-Dade County, Florida.

BBQ -sa(rr) (0005) CHL (08/08) Page2 of 11 Form 3010 1/01

KE by eF NS

Book24751/Page3726 | CFN#20060798202 Page 2 of 17DOC ID &:
Parcel ID Number; 1831010320070 which currently has the address of
12135 NE 10th Ave, North Miami
{Steeet/City]

Florida 33161-5723 ("Property Address"):
[Zip Code}

TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument, All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with Inw or custom, MERS (as nominee for
Lander and Lender's sucvessors and assigns) has the right: to exercise any o7 all of those interests, including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument,

BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
Fight to morigage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the tile to the Property against all
claims and demands, subject to any encumbrances of record.

THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
Covenants with limited variations by jurisdiction to constitute @ uniform security instrument covering. real
Property,

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:

1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower

shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant 10
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 retuned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender:
(a) cash, (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
entity; or (4) Electronic Funds Transfer,
"ayments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15, Lender
may retum any payment or partial payment if the payment or partial payments are insufficient to bring the
Loan current, Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current, If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retum
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 Bomower from making payments due under the Note and his Security Instrument
or performing the covenants and agreements secuced by this Security Instrument,

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

If Lender receives 2 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
Jate charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.

 

Soni) 0008) cH on08) Page 3 of 11 Form 3010 4/01

KA by RP FIs

Book24751/Page3727 CFN#20060798202 Page 3 of 17DOC ID #: ¢
Any application of payments, insurance proceeds, ot Miscellancous Proceeds principal due under *
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments,

3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the “Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as @ lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or
any sums payable by Borrower io Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items.” At origination or at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow !tem.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shali
pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any
or all Escrow Items, Lender may waive Borrower's obligation to pay to Lender Funds for any of all Escrow
tems 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 ltems for which payment of Punds 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 sepay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
tems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
Pay to Lender alt Funds, and in such amounts, that are then Fequired under this Section 3,

Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount 4 lender can require
under RESPA, Lender shall estimate the amount of Punds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.

The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
of entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings
‘on the Funds. Borrower and Lender can agree in writing, however, that interest shall be Paid on the Funds,
Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.

If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shalll account to Borrower
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments, If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments,

Upon payment in full of aft sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender,

4. Charges; Liens, Borrower shall pay all taxes, assessments, ‘charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments of ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if ‘any. To the extent that these
items are Escrow Items, Borrower shall pay them in the manner provided in Section 3,

Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;
oF (©) secures from the holder of the Hen an agreement satisfactory to Lender subordinating the lien 10 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 # notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien of take one or more of the actions set,
forth above in this Section 4,

BP -saiFL) 0005, cH (0805) Pege 4 of 11 Form 3010 1/01

KL by @P ws

Book24751/Page3728 CFN#20060798202 Page 4 of 17DOC ID #:

Lender may require Borrower to pay a one-time charge for a real estate tax ver
service used by Lender in connection with this Loan, ‘

5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term “extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance, This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan,
‘The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
fo 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
{ype or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
ability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges
that the cost of the insurance coverage so obtained might significantly excced the cost of insurance that
Borrower could have obtained, Any amounts disbursed by Lender under this Section 5 shail become additional
debt of Borrower secured by this Security Instrument, These amounts shal] 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 morigage clause, and shall name Lender as mortgagee
and/or as an additicnat loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requ