Party Notice: VINCENZO DEPAU VS MICHAEL STERN ET AL

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                                Filing # 69520599 E-Filed 03/20/2018 11:40:03 AM

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

VINCENZO DEPAU,
Plaintiff,
v.
Case No. 2017-018931-CA-01

MICHAEL STERN and LAYNE HARRIS
STERN

Defendants.

 

MOTION TO TAKE JUDICIAL NOTICE PURSUANT TO ELA. STAT. § 90.203

Pursuant to Fla. Stat. § 90.203, Plaintiff Vincenzo DePau requests this Court to take judicial
notice of the recording of a mortgage, the return of an indictment, a plea agreement, and the
entrance of a forfeiture order.

L Introduction

On January 29, 2008, a mortgage encumbering real property located in Miami-Dade
County, Florida commonly referred to as 1386 S. Venetian Way that was purportedly signed by
each Michael Stern (“Stern”), Layne Harris Stern (“Harris”), and Ivor H. Rose and was recorded
in the Miami-Dade County Recorder’s Office at records book 26185, page 2313. The recording of
the mortgage is capably of ready and accurate determination by reference to Miami-Dade County
records and this Court should take judicial notice of its recording.

An indictment was returned against Stern by a grand jury in a case pending in the U.S.
District Court for the Southern District of Florida (“U.S. District Court”). In response to the

indictment, Stern entered into a plea agreement with the U.S. government. As a result of the pleaagreement, the U.S. District Court entered a forfeiture order against Stern. Each of these relevant
filings constitute court records of the U.S. District Court and this Court should take judicial notice
of the same.

IL. Factual Background

a. The Mortgage as Recorded in the County Records

On January 29, 2008, a mortgage was recorded with the Miami-Dade County Recorder's
Office at records book 26185, page 2313 (“Mortgage”). The Mortgage encumbered real property
located in Miami-Dade County, Florida commonly referred to as 1386 S. Venetian Way and was
purportedly executed by each Stern, Harris, and Ivor H. Rose. A true and correct copy of the
Mortgage, as recorded, is attached as Exhibit A.

b. The Stern Criminal Case Records

Stem was tried for various alleged crimes in the federal case captioned United States v.
Michael A. Stern, Case No. 12-20683-CR-ZLOCH (S.D Fla.) (“Case”). The Case docket is
attached as Exhibit B.

On September 20, 2012, the grand jury returned an indictment in the Case against Stern
charging him with, inter alia, counts for conspiracy to commit wire and mail fraud, mail fraud,
and aggravated identify theft (“Indictment”). The Indictment was recorded in the Case as Docket
Entry No. 1. A true and correct copy of the Indictment is attached as Exhibit C.

Stern agreed to plead guilty to the charge of mail fraud as set forth in the Indictment
pursuant to a plea agreement dated June 26, 2014 (“Plea Agreement”). The Plea Agreement was
recorded in the Case as Docket Entry No. 28. A true and correct copy of the Plea Agreement is

attached as Exhibit D.As a result of the Plea Agreement, on October 22, 2014, the U.S. District Court entered an
Order and Judgment of Forfeiture Order (“Forfeiture Order”) against Stern. The Forfeiture Order
was recorded in the Case as Docket Entry No. 51. A true and correct copy of the Forfeiture Order
is attached as Exhibit E.

Til. Applicable Law

A court may take judicial notice of any “[flacts that are not subject to dispute because they
are capable of accurate and ready determination by resort to sources whose accuracy cannot be
questioned.” Fla. Stat. § 90.202(12).

A court may take judicial notice of the records of any Florida or United States court. Fla.
Stat. § 90.202(6). A court is required, however, to take judicial notice of any matter set forth in
Fla. Stat. § 90.202 (like the matter set forth above) whenever a party requests it and gives each
party timely written notice of the request to enable the adverse party to meet the request and
furnishes the court with sufficient information to enable it to take judicial notice of the matter. Fla.
Stat. § 90.203

IV. Argument

a. The Recording of the Mortgage Cannot Be Disputed

The Mortgage was recorded with the Miami-Dade County Public Recorder's Office. See
Mortgage; see also generally Miami-Dade County Public Records. This fact is “capable of
accurate and ready determination by resort to sources whose accuracy cannot be questioned,” i.e.,
the Miami-Dade County Public Recorder’s Office. Fla. Stat. § 90.202(12).

This Court may take judicial notice of the recording of the Mortgage on its own initiative.
Id. However, pursuant to this request, notice to all adverse parties, and proof of such notice, the

Court has to take judicial notice. Fla. Stat. § 90.203b. The Stern Case Criminal Records Constitute Court Records of the U.S.
District Court

The Indictment, Plea Agreement and Forfeiture Order (collectively the “Court
Documents”) all constitute court records of a court of the U.S. District Court. Fla. Stat. §
90.202(6). Accordingly, this court may take judicial notice of them on its own initiative. Id.
However, pursuant to this request, notice to all adverse parties, and proof of such notice, the court
has to take judicial notice. Fla. Stat. § 90.203

Vv. Certificate of Timely Written Notice of Request to Take Judicial Notice

Pursuant to Fla. Stat. § 90.203(1), Plaintiff has served written notice this request
upon all adverse parties in this action to enable them to prepare to meet this request.

VI. Conclusion

This Court should take judicial notice of the recording of the Mortgage because it can be
determined by undisputable resources and of the Court Documents because they constitute Case
records of the U.S. District Court.

WHEREFORE, Plaintiff Vincenzo DePau asks this court to enter an order taking judicial
notice of the Mortgage and the Court Documents and to enter all other appropriate relief.

Respectfully submitted,
March 20, 2018 CAREY RODRIGUEZ MILIAN GONYA, LLP

By: /s/ Ruben Conitzer, Esq.

Ruben Conitzer, Esq.

Florida Bar No. 100907

Email: rconitzer@carevrodriguez.com
Secondary: cperez@careyrodriguez.com
David P. Milian, Esq

Florida Bar No. 844421

Email: dmilian@careyrodriguez.com
Secondary: gjimenez@carevrodriguez.com1395 Brickell Avenue, Suite 700

Miami, FL 33131

Telephone: (305) 372-7474

Facsimile: (305) 372-7475

Attorneys for Plaintiff Vincenzo DePau

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on March 20, 2018, a true and correct copy of the foregoing

was served upon all parties in this action: Defendant Michael Stern (Register No. 97980-04), c/o
Federal Butner Medical Facility, 3000 Old North Carolina Highway 75, Butner, NC 27509, via
U.S. mail and Defendant Layne Harris Stern, care of her attorneys, Waldman Bamett P.L., 3250
Mary Street, Suite 102, Coconut Grove, FL 33133, Attn: Glen H. Waldman and Benjamin L.
Kleime, via the Court’s E-Portal Service.

By: /s/ Ruben Conitzer, Esq.
Ruben Conitzer, Esq.EXHIBIT A
“Mortgage”Ree pance “QF

CEEUEAE EU EEE LEU

Lon Oro CFM 250gRNN76069
Wa celles Cee Peeconben ouvaeaiee ieee
unig Breen P4339 F HTG DOC TAX $1900.00

INTAHG TAK 27200.00
‘HARVE'

Y RUVIN CLERK OF COURT
HIANI-DADE COUNTY: FLORIDA

 

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THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR
THE PRINCIPAL BALANCE DUE UPON MATURITY IS $1,400,000.00
TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS
MADE BY THE MORTGAGEE UNDER TBE TERMS OF THIS MORTGAGE:

THIS IS A MORTGAGE ON 1386 S. Venetian Way , Miami, PL 33139.
THIS IS AN INVESTMENT PROPERTY BALLOON MORTGAGE,
THIS MORTGAGE IS NOT ASSUMABLE.

THIS MORTGAGE ("Security Instrument") is given on this q day of
December , 2008. The mortgagor is TVOR H. ROSE, a married man and MICHAEL
STERN and LAYNE HARRIS STERN, husband and wife ("Borrower"). This Security
Instrument is given to VICENZO DE PAU, its successors and/or assigns ("Lender/Holder"),
whose mailing address is 335 S. Biseayne, Boulevard # 3703,, Miami, FL 33131 ("Lender’),
Borrower owes Lender the principal sum of ONE MILLION FOUR HUNDRED
THOUSAND ----------------4 ‘NO/100 ($1,400,000,00) DOLLARS. This debt is
evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which
Provides for monthly payments, with the full debt, if not paid earlier, due and payable on July
31, 2008. This Security Instrument secures to Lender: () the repayment of the debt by the Note,
with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all
other sums, with interest, advanced under paragraph 7 to Protect the security of this Security
Instrument; and (c) 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
‘Lender the following described properties located in Miami-Dade County, Florida:

 

Lot 3 Block 3 of SAN MARCO ISLAND, according to the Plat thereof, as recorded in Plat Book
9 Page 21 of the Public Records of Miami-Dade County, Florida and commence at an iron pipe
marking the most southerly comer Lot 3, Block 3, SAN MARCO ISLAND, according to the Plat
thereof, as recorded in Plat Book 9 Page 21 of the Public Records of Miami-Dade County,
Florida; thence Southeasterly along the Southwest boundary of Lot 3, produced Southeasterly &
feet; thence Northeasterly along the circumference of a circular curve having ¢ radius of 358 feet,
parallle] to the Southeasterly boundary of said Lot 3, 106.47 feet to the Point of Intersection of
the Northeasterly boundary of Lot 3 produced Southeasterly; thence Northwesterly 8 feet to the
most Easterly comer of said Lot 3, Block 3, SAN MARCO ISLAND; thence Southwesterly
along the Southeasterly boundary of said Lot 3, 103.96 fect to the Point of ‘Beginning.

alkfa 1386 S. Venetian Way, Miami, FL 33139

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

Pare

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BanbORiQEiDnneI2412  CoRMHAANANNTANRA Dana 1 nforeplacements 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 COVENANTS that Borrower is lawfully seised of the estate hereby
conveyed and has the right to mortgage, grant and convey the Property and that the Property is
unencumbered, except for encumbrances of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands, subject to any encumbrances of record.

THIS SECURITY INSTRUMENT combines uniform covenants for national use non-
uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.

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

1, Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall
Promptly pay when due the principal of and interest on the debt evidenced by the Note and any
prepayment and late charges due under the Note.

2, Funds for Taxes and Insurance, Borrower is required to keep alll taxes and insurance
premiums current at all times, and failure to do will ‘become an immediate default. Lender
reserves the right to require the Borrower to begin escrowing for insurance and/or taxes at any
time. Subject to applicable law or to a written waiver by Lender, Borrower may be required to
pay to Lender on the day monthly payments are due under the Note, until the Note is paid in
full, a sum (Funds") for: (a) yearly taxes and assessments which may attain priority over this
Security Instrument as a lien on the Property; (b) yearly leaschold payments or ground rents on
the Property, if any; (c) yearly hazard or property insurance premiums; (4) yearly flood insurance
premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by
Borrower to Lender, in accordance with the Provisions of paragraph 8, in lieu of the payment of
mortgage insurance premiums. These items are called "Escrow Items," Lender may, at any time,
collect and hold Funds in en amount not to exceed the maximum amount a lender for a federally
related mortgage loan may require for Borrower's escrow account under the federal Real Estate
Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. 2601 et seq.
C'RESPA"), unless another law that applies to the Funds sets a lesser amount. If. so, Lender may,
at any time, collect and hold Funds in an amount not to exceed the Jesser amount. Lender may
estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance ‘with applicable law.

‘The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal
Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender Tay require Borrower to pay a one-
time charge for an independent real estate tax reporting service used by Lender in connection
with this loan, unless applicable law provides otherwise. Unless an agreement is made -or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that
interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual

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BanlOR12hIDaneI241A  CEM#HONNANNTANGO Dana 2 nf Oaccounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional Security for all sums secured
by this Security Instrument.

If the Funds held by Lender exceed the amounts to be held by applicable law, Lender
shall account to Borrower for the excess Funds in accordance with the ‘requirements of applicable
law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow
Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay
to Lender the amount necessary to make up the deficiency. Borrower shall make up the
deficiency in more than twelve monthly payments, at Lender's sole discretion.

Upon payment in fill of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall
acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply
any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured
by this Security Instrument,

3. Application of Payments. Unless applicable law Provides otherwise, all payments
received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges
due under the Note; second, to amounts payable under ‘paragraph 2; third, to interest due; fourth,
to principal due; and last, to any late charges due under the Note.

4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and
impositions attributable to the Property which may attain Priority over this Security Instrument,
and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the
manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time
directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of
amounts to be paid under this paragraph. If Borrower makes’ these payments directly, Borrower
shall promptly furnish to Lender receipts evidencing the ‘payments.

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 2 manner acceptable to Lender; (b) contests in good faith the lien by, or defends against
enforcement of the lien in, legal proceedings which in the Lender's ‘opinion operate to prevent
the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to
Lender subordinating the lien to this Security Instrament. If Lender determines that any part of
the Property is subject to a lien which may attain Priority over this Security Instrument, Lender
may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.

5. Hazard or Property Insurance. Borrower shall keep the improvements now existing
or hereafter erected on the Property insured against Joss by fire, hazards included within the term
“extended coverage" and any other hazards, including floods or flooding, for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that
Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower
subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to
maintain coverage described shove, Lender may, at Lender's option, obtain coverage to protect
Lender's rights in the Property in accordance with paragraph 7.

All insurance policies and renewals shell be acceptable to Lender and shall include B
standard mortgage clause. Lender shall have the tight to hold the policies and renewals. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and

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BaabLIA1QhiDanat4k  COAHEOANANNTANRa Dane nforenewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier

and Lender. Lender may make proof of loss if not made promptly by Borrower,

Uniess Lender and Borrower otherwise agree in writing, insurance proceeds shall be
applied to restoration or repair of the Property damaged, if the restoration or repair is
economically feasible and Lender's security is not lessened, If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess
paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice
from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the
insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 30-day period will begin when
the notice is given.

Unless Lender and Borrower otherwise agree in writing, any application of proceeds to
principal shall not extend or postpone the due date of the monthly payments referred to in
paragraphs | and 2 or change the amount of the payments. If under paragraph 2] the Property is
acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from
damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument immediately prior to the acquisition.

6. Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall not destroy, damage or impair the ‘Property, allow the
Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any
forfeiture action or proceeding, whether civil or criminal, is begun that in Lender’s good faith
judgment could result in forfeiture of the Property or otherwise materially impair the lien created
by this Security Instrument or Lender's security interest. Borrower may cure such a default and

- reinstate, as provided in paragraph 18 by causing the action or proceeding to be dismissed with a

LH

ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in
the Property or other material impairment of the lien created by this Security Instrament or
Lender's security interest, Borrower shall also be in default if Borrower, during the loan
application process, gave materially false or inaccurate information or statements to Lender (or
failed to provide Lender with any material information) in connection with the loan evidenced by
the Note, including, but not limited to, representations concerning Borrower's occupancy of the
Property as # principal residence. If this Security Instrument is on a leasehold, Borrower shall
comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.

7, Protection of Lender's Rights in the Property. If Borrower fails to perform the
covenants and agreements contained in this Security Instrument, or there is a legal proceeding
that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy,
probate, for condemnation or forfeiture or to enforce laws or rogulations), then Lender may do
and pay for whatever is necessary to protect the value of the Property and Lender's rights in the
Property. Lender's actions may include paying any sums secured by a lien which has priority
over this Security Instrument, appearing in court, paying reasonable attorney's fees and entering
on the Property to make repairs. Although Lender may take action under this paragraph 7,
Lender does not have to do so.

Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of
Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms

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BanboOR41QhiDanaIM41k = PERHONNRANTANRO Dane AntaLH

of payment, these amounts shall bear interest from the date of disbursement at the Note rate and
shall be payable, with interest, upon notice from Lender to Borrower requesting payment,

8. Mortgage Insurance. If Lender required smortgage insurance as a condition of | making
the loan secured by this Security Instrument, Borrower shall pay the premiums required to
maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage
required by Lender lapses or ceases to be in effect, Borrower shall pay the Premiums required to
obtain coverage substantially equivalent to 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 altemate mortgage insurer approved by Lender. If substantially equivalent ‘mortgage
insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the
insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retein these
payments as @ loss reserve in lieu pf mortgage insurance. Loss reserve payments may no longer
be required, at the option of Lender, if. mortgage insurance coverage (in the amount and for the
period that Lender requires) provided by an insurer approved by Lender again becomes available
and is obtained. Borrower shall pay the Premiums required to maintain Mortgage insurance in
effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in
accordance with any written agreement between Borrower and Lender or applicable law.

9. Inspection. Lender or its agent may make reasonable entries ‘upon and inspections of
the Property. Lesider shall give Borrower notice at the time of or ptior to an inspection specifying
Teasonable cause for the inspection.

10. Condemnation. The proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of any part of the Property,
or for conveyance in liew of ‘condemnation, are hereby assigned and shall be paid to Lender.

Jn the event of a total taking of the Property, the proceeds shall be applied to the sums
secured by the Security Instrument, whether or not then due, with any excess paid to Borrower.
In the event of a partial taking of the Property in which the fair market value of the Property
immediately before taking is equal to or greater than the amount of the sums secured by this
Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree
in writing, the sums secured by this Security Instrument shall be reduced by the amount of the
proceeds multiplied by the following fraction: (a) the totel amount of the sums secured
immediately before the taking, divided by (b) the fair market value of ‘the Property immediately
before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the
Property in which the fair market value of the Property immediately before the taking is less than
the amount of the sums secured immediately before the taking, unless Borrower and Lender
otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be
applied to the sums by this Security Instrument whether or not the sums are then due.

If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that
the condemnor offers to make an award or seltle a claim for damages, Borrower fails to respond
to Lender within 10 days afler the date the notice is given, Lender is authorized to collect and
apply the proceeds, at its option, either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due.

Unless Lender and Borrower otherwise agree in writing, any application of proceeds to
principal shall not extend or postpone the due of ‘the monthly payments referred to in paragraph 1
and 2 or change the amount of such payments.

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BanbIR{QklIDanaI247  CEMHONNANNT7ANAO Dane RnfaIl. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the
time for payment or modification of. amoztization of the sums secured by this Security Instrument
granted by Lender to any successor in interest of Borrower shall not operate to release the

ability of the original Borrower or Borrower's successors in interest..Lender shall nat be
required to commence proceedings against any successor in interest or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by
reason of any demand made by the original Borrower or Borrower's successors in interest, Any

12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers, The
covenants and agreements of this Security Instrument shall bind and benefit the ‘Successors and
assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants
and agreements shall be joint and several, Any Borrower who co-signs this Sceurity Instroment
but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant
and convey that Borrower's interest in the Property under the terms of this Security Instrument;
{b) is not obligated to pay the sums secured by this Security Instrument; and (©) agrees that
Lender and any other Borrower may agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without that
Borrower's consent.

13. Loan Charges. If the loan secured by this Security Instrument is subject to a law
which sets maxinvum loan charges, and that law is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with the loan exceed the permitted limits,
then: (a) any such Ioan charge shall be reduced by the amount necessary to reduce the charge to
the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the
principal owed under the Note or by making a direct payment to Borrower. If a refisnd reduces
Principal, the reduction will be treated as a partial prepayment without any prepayment charge
‘under the Note.

14, Notices. Any notice to Borrower Provided for in this Security Instrument shall be
given by delivering it, by mailing it by first class mail, or by facsimile, unless applicable law
requires use of another method. The notice shall be directed to the facsimile number, Property
Address ,or any other address Borrower designates by notice to Lender. Any notice to Lender
shall be given by first class mail to Lender's address stated herein or any other address Lender
designates by notice to Borrower. Any notice provided for in this Security Instrument shall be
deemed to have been given to Borrower or Lender when given as provided in this paragraph.

15. Governing Law; Severability. This Security Instrument shall be governed by federal
law and the law of the jurisdiction in which the Property is located. In the event that any
provision or clause of this Security Instrument or the Note conflicts with applicable law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision. To this end the Provisions of this Security
Instrument and the Note are declared to be severable,

16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of
its Security Instrument.

17. Transfer of the Property or a Beneficial Interest in Borrower, If all or any part of
the Property or any interest in it is sold or transferred (or if'a beneficial interest in Borrower is
sold or transferred and Borrower is not a natural Person) without Lender's prior written consent,

LH mh ° M

BAnLORAQEIDanaI24Q  CCMHONNRANTANRO Dana & nf OLender may, at its option, require immediate ‘payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
federal law as of the date of this Security Instrument.

If Lender exercises this option, Lender shall give Borrower notice of acceleration, The
notice shall provide a period of not less than 10 days from the date the notice is delivered or
mailed within which Borrower must pay all sums secured by this Security Instrument. If
Borrower fails to pay these sums prior ¢o the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.

18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall
have the right to have enforcement of this Security Instrument discontinued at any time prior to
ten (10) days after Notice of Default has been mailed to Borrower, ‘Those conditions are that
Borrower: (a) pays Lender all sums which then would be due ‘under this Security Instrument and
the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument including, but
not limited to, reasonable attomey's fees, and (@) takes such action as Lender may reasonably
require to assure that the lien of this Security Instrument, Lender's rights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue
unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations
secured hereby shall remain fully effective as if no acceleration had occurred. However, this
right to reinstate shall not apply in the case of acceleration under ‘paragraph 17.

19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note
(together with this Security Instrument) may be sold one or more times without prior notice to
Borrower. A sale may result in a change in the entity (now as the "Loan Servicer") that collects
monthly payments due under the Note and this Security Instrument. There also may be one or
more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph
14 above and applicable law. The notice will state the name and address of the new Loan
Servicer and the address to which payments should be made. The natice will also contain any
other information required by applicable law.

20. Hazardous Substances. Borrower shall not cause or permit the presence, use,
disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall
not do, nor allow anyone else to do, anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage
on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate fo normal residential uses and to maintenance of the Property.

Borrower shall promptly give Lender written notice of any investigation, claim, demand,
Jawauit or other action by any govemmental or regulatory agency or private party involving the
Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge. If Borrower learns, or is notified ‘by any governmental or regulatory authority, that
any removal or other remediation of any Hazardous Substances affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law.

As used in this paragraph 20, "Hazardous Substances" are those substances defined as
toxic or hazardous substances by Environmental Law and the following substances: gasoline,
kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile
solvents, materials containing asbestos or formaldehyde, and radioactive materials, As used in

Ly pe ’ \A

RanboORiAQkIDane9210 CEM#ONANRANTANaA Dana 7 AFOthis paragraph 20, "Environmental Law" means federal Jaws and Jaws of the jurisdiction where
the Property is located that relate to health, safety or environmental protection.

NON-UNIFORM COVENANTS. Borrower and Lender farther covenant and agree ag
follows:

21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
Prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice
shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than
ten (10) days from the date the notice is given to Borrower, by which the default must be cured:
and (4) that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding
and sale of the Property. The notice shall further inform Borrower of the Tight to reinstate after
acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or
any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or
before the date specified in the notice, Lender at its option may require immediate paymént in
full of all sums secured by this Security Instrument without farther demand and may foreclose
this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to,
reasonable attomeys' fees and costs of title evidence, all of which shall be additional sums
secured by this Security Instrument.

22, Release. Upon payment of all sums secured by this Security Instrument, Lender shall
release this Security Instrument. Borrower shall pay any recordation costs.

23. Attorneys’ Fees. As used in this Security Instrument and the Note, "attomeys' fees"
shall include any attomeys' incurred in the collection of. ‘enforcement of the Note or Mortgage.

24. Riders to this Security Instrument. If one or more riders are executed by Borrower
and recorded together with this Security Instrument, the covenants and agreements of each such
Tider shall be incorporated into and shall amend and supplement the covenants and agreements of
this Security Instrument as if the rider(s) were a part of this Security Instrument.

[Check applicable box(es}

+ [] Adjustable Rate Rider () Condominium Rider [1-4 Family Rider
[] Graduated Payment Rider —_[ ] Planned Unit Development Rider
{] Biweekly Payment Rider [] Balloon Rider_[ ] Rate Improvement Rider
(] Second Home Rider [] Other(s) [specify]

2S. Waiver of protection under Bankruptcy Laws, © THE UNDERSIGNED
HEREBY WAIVES ANY AND ALL PROTECTION UNDER THE BANKRUPTCY LAWS
AND HEREBY AND FOREVER EXEMPTS THIS PROPERTY FROM ANY FUTURE
BANKRUPTCY FILINGS.

26. Future Advances. This Mortgage is given to secure not only the Existing
Indebtedness, but also such Future Advances, whether such advances are obligatory or are to be
made at the option of Morigagee, or otherwise, as are made within twenty (20) years from the
date hereof, to the same extent as if such Future Advances were made ‘on the date of the

LM pun Ml

RanboG1QkiDanet29N | OCAHONNaANTeNRO Dana Q nf 0to, OR _BMK 261485 PG 2321
Last PAGE

execution of this Mortgage. The total amount of indebtedness that may be so secured may
decrease or increase from time to time, but the total unpaid principal balance so secured at one
time shall not'exceed five (5) times the face amount of the Note, plus interest thereon, and any
disbursements made for the payment of taxes, levies or insurance on the Mortgaged Property, or
other monies expended to protect the security of Mortgagee, with interest on such disbursements.
Nothing contained herein shall in any way be construed to obligate Mortgagee to make any
future advances,

THIS IS A BALLOON MORTGAGE AND THE FINAL PRINCIPAL PAYMENT OR
THE PRINCIPAL BALANCE DUE UPON MATURITY IS $1,400,000.00 TOGETRER
WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE
MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE.

BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Security Instrument and in any: rider(s) executed by Borrower and recorded with
it. :

Signed, sealed and delivered in the presence of:
MORTGAGORS:

   

bo Peo Uw Rre-
Printed
Witness Printed
LAYNE HARRIS STERN
STATE OF FLORIDA
COUNTY OF Miami-Dade

The foregoing instrument was acknowledged before me this day of December,
2007, IVORH. ROSE, a married man and MICHAEL STERN and LAYNE HARRIC

STERN, husband and wife, who is/ are either personally known to me or who has/have
produced their’ Dent, Eno. 6 _fAS_. 28 identification.

woueoeae i
Serene.

     
    

  
 

Printed

 

NOTARY PUBLIC
My Commission Expires On STATE OF FLORIDA
foenkK Jor~_

‘AReal Esate\Stem, Rasc and Harris ( 1386 Vensilan Way ) Refi ONLoaa Documenteeternvencttsnl386,migdoc

BanbORAREIDane!294 | CEMHONNRANTANRO Dana 0 nf 0EXHIBIT B
“Case Docket”2255,BNDDUTY ,CLOSED,REF_EVENTS ONLY (NEFs)

U.S. District Court
Southern District of Florida (Miami)
CRIMINAL DOCKET FOR CASE #: 1:12-cr-20683-WJZ-1

Case title: USA v. Stern Date Filed: 09/20/2012
Date Terminated: 09/26/2014

 

 

Assigned to: Judge William J. Zloch
Referred to: Magistrate Judge Patrick A.
White

Appeals court case number: 14-14410-A

Defendant (1)

Michael A. Stern represented by Michael A. Stern
TERMINATED: 09/26/2014 97980-004
Butner FMC

Federal Medical Center
Inmate Mail/Parcels
Post Office Box 1600
Butner, NC 27509
PRO SE

Noticing FPD-FTL

Email: ftlecf@fd.org
TERMINATED: 12/13/2013
LEAD ATTORNEY

ATTORNEY TO BE NOTICED
Designation: Public Defender
Appointment

Dary]! Elliott Wilcox

Federal Public Defender's Office
One East Broward Boulevard
Suite 1100

Fort Lauderdale, FL 33301-1842
954-356-7436

Fax: 954-356-7556

Email: Daryl_Wilcox @fd.org
LEAD ATTORNEY

ATTORNEY TO BE NOTICED
Designation: Public Defender
Appointment

Lori E. BarristPending Counts

18:1341.F Mail Fraud
(2)

Highest Offense Level (Opening)
Felony

 

Terminated Counts

18:1349.F Conspiracy to Commit Mail
Fraud

qd)

18:1028A.F Aggravated Identity Theft
(3-4)

Highest Offense Level (Terminated)
Felony

Complaints

 

 

None

USA

Federal Public Defender's Office
450 Australian Avenue

Suite 500

West Palm Beach, FL 33401-5040
561-833-6288

Fax: 561-833-0368

Email: lori_barrist@fd.org
ATTORNEY TO BE NOTICED
Designation: Public Defender
Appointment

Dispositi

AMENDED: Restitution imposed in the
amount of $19,379,467.59. PRIOR
JUDGMENT: IMPRISONMENT: 96
months, run consecutive to sentence
imposed in Docket No. CR12-00508(A)-
SVW, U.S.District Court, Central Districe
of California; SUPERVISED RELEASE: 3
years

Disposition

 

Dismissed

Dismissed

Disposition

 

represented by Roger Cruz

United States Attorney's Office
99 N.E 4th Street

Miami, FL 33132
305-961-9207

Fax: 305 530-7976Email: roger.cruz@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Arimentha R. Walkins

United States Attorney's Office

99 NE 4 Street

Miami, FL 33132

305-961-9091

Fax: 305-536-7599

Email: arimentha.walkins@usdoj.gov
ATTORNEY TO BE NOTICED

 

Date Filed

Docket Text

 

09/20/2012

INDICTMENT as to Michael A. Stern (1) count(s) 1, 2, 3-4 and Forfeiture Allegations.
(mso) (Entered: 09/20/2012)

 

09/20/2012

SYSTEM ENTRY - Docket Entry 2 restricted/sealed until further notice. (mso)
(Entered: 09/20/2012)

 

10/22/2012

fo

NOTICE to Transfer to Fugitive Status as to Michael A. Stern. (bc) (Entered:
10/22/2012)

 

11/05/2013

Arrest of Michael A. Stern (asl) (Entered: 12/10/2013)

 

11/13/2013

Be

Rule 5(c)(3)/ Rule 40 Documents received from Central District of Californis (Western
Division-Los Angeles) case #2:13mj02910 as to Michael A. Stern (tb) (Entered:
11/13/2013)

 

12/10/2013

tr

Arrest Warrant returned executed on 11/5/13 as to Michael A. Stern re 2 Arrest Warrant
Issued (asl) (Entered: 12/10/2013)

 

12/11/2013

NOTICE OF HEARING as to Michael A. Stern Initial Appearance set for 12/12/2013
11:00 AM in Fort Lauderdale Division before FTL Duty Magistrate. (dd) (Entered:
12/11/2013)

 

12/12/2013

Ni

Order on Initial Appearance as to Michael A. Stern for proceeding held on 12/12/2013.
Attorney Noticing FPD-FTL for Michael A. Stern added for the defendant. as to
Michael A. Stern (1) $250,000 CSB w/Nebbia. Signed by Magistrate Judge Lurana S.
Snow on 12/12/2013. (dby) (Enter 2/12/2013)

 

 

12/12/2013

f00

Minute Entry for proceedings held before Magistrate Judge Lurana S. Snow
Arraignment as to Michael A. Stern (1) Count 1,2,3-4 held on 12/12/2013, Initial
Appearance as to Michael A. Stern held on 12/12/2013. No bond hearing held. Both
sides stipulate to a $250,000 CSB w/Nebbia; reserving the right to a PTD hearing at a
later date. (Digital 11:11:51 / 11:22:16.) (dby) (Entered: 12/12/2013)

 

12/12/2013

ho

ARRAIGNMENT INFORMATION SHEET Not Guilty Plea entered as to counts
Michael A. Stern (1) Count 1,2,3-4. Court accepts plea. Arraignment held on
12/12/2013 before Magistrate Judge Lurana S. Snow. (dby) (Entered: 12/12/2013)

 

 

12/12/2013

 

 

STANDING DISCOVERY ORDER as to Michael A. Stern. All motions concerning
matters not covered by this order must be filed within 28 days of this order. Signed byMagistrate Judge Lurana S. Snow on 12/12/2013. (dby) (Entered: 12/12/2013)

 

12/12/2013

ORDER RE: STATUS CONFERENCE, SPEEDY TRIAL, PRETRIAL MATTERS as
to Michael A. Stern. Status Conference Re: Discovery Matters set for 12/27/2013 at
11:00 AM in Fort Lauderdale Division before FTL Duty Magistrate. Signed by
Magistrate Judge Lurana S. Snow on 12/12/2013. (dby) (Entered: 12/12/2013)

 

12/13/2013

Notice Setting Cause for Trial as to Michael A. Stern. Calendar Call set for 1/17/2014
at 10:00 AM in Fort Lauderdale Division before Judge William J. Zloch. Jury Trial set
for trial period beginning 1/21/2014 in Fort Lauderdale Division before Judge William
J. Zloch. Signed by Judge William J. Zloch on 12/13/2013. (bce) (Entered: 12/13/2013)

 

12/13/2013

a

ORDER on Trial Instructions as to Michael A. Stern. Signed by Judge William J. Zloch
on 12/13/2013. (bc) (Entered: 12/13/2013)

 

12/13/2013

rs

Notice of Assignment of Assistant Federal Public Defender as to Michael A. Stern.
Attorney Daryl Elliott Wilcox added. Attorney Noticing FPD-FTL terminated..
Attorney Daryl Elliott Wilcox added to party Michael A. Stern(pty:dft). (Wilcox, Daryl)
(Entered: 12/13/2013)

 

12/13/2013

Invocation of Right to Silence and Counsel by Michael A. Stern (Wilcox, Daryl)
(Entered: 12/13/2013)

 

12/24/2013

MOTION for Extension of Time to File Response as to 10 Standing Discovery Order
by USA as to Michael A. Stern. Responses due by 1/10/2014 (Attachments: # 1 Text of
Proposed Order)(Cruz, Roger) (Entered: 12/24/2013)

 

 

12/27/2013

17

Minute Entry for proceedings held before Ch. Magistrate Judge Barry S. Seltzer: Status
Conference as to Michael A. Stern held on 12/27/2013. Both attorneys present in court
(Randy Katz standing in for Roger Cruz). Government informs the court discovery has
not been completed, gov't has filed a motion for extension of discovery due to large
volume of records, subpooenas contained in about nine to ten boxes. Gov't is ready for
trial it would take five days, there are three to six audio tapes, transcripts are ready.
Motion for extension of discovery is the only pending motion. Defense attorney did not
have anything to add. (Digital 11:04:16.) (at) (Entered: 12/27/2013)

 

12/27/2013

STATUS REPORT as to Michael A. Stern. Signed by Ch. Magistrate Judge Barry S.
Seltzer on 12/27/2013. (asl) (Entered: 12/30/2013)

 

01/02/2014

ORDER REFERRING 16 Motion for Extension of Time to File Initial Discovery
Response to Magistrate Judge Patrick M. Hunt. Signed by Judge William J. Zloch on
1/2/2014. (be) (Entered: 01/02/2014)

 

01/03/2014

PAPERLESS ORDER granting 16 Government's Motion for Extension of Time to File
Initial Discovery Response as to Michael A. Stern(1). The government shall provide its
initial discovery response to Defendant no later than January 9, 2014. Signed by
Magistrate Judge Patrick M. Hunt on 1/3/2014. (PMH) (Entered: 01/03/2014)

 

01/09/2014

ho

RESPONSE to Standing Discovery Order by USA as to Michael A. Stern (Cruz, Roger)
(Entered: 01/09/2014)

 

 

01/13/2014

 

ib

 

Defendant's Unopposed MOTION to Continue Trial for One Hundred and Fifty (150)
Days by Michael A. Stern. Responses due by 1/30/2014 (Attachments: # 1 Text of
Proposed Order)(Wilcox, Daryl) Modified text on 1/13/2014 (asl). (Entered:
01/13/2014)01/13/2014

ORDER granting Continuance and Resetting Trial as to Michael A. Stern. Time
excluded from 1/13/2014 until 7/21/2014. Re: 22 Defendant's Motion to Continue Trial
for One Hundred and Fifty (150) Days. Calendar Call set for 7/18/2014 at 10:00 AM in
Fort Lauderdale Division before Judge William J. Zloch. Jury Trial set for trial period
beginning 7/21/2014 in Fort Lauderdale Division before Judge William J. Zloch.
Signed by Judge William J. Zloch on 1/13/2014. (be) (Entered: 01/13/2014)

 

05/20/2014

is

Unopposed MOTION to Continue Trial by Michael A. Stern. Responses due by
6/6/2014 (Attachments: # | Text of Proposed Order)(Wilcox, Daryl) (Entered:
05/20/2014)

 

05/22/2014

b

ORDER denying 24 Motion to Continue Trial as to Michael A. Stern (1). Signed by
Judge William J. Zloch on 5/21/2014. (bc) (Entered: 05/22/2014)

 

 

06/18/2014

B

NOTICE OF HEARING as to Michael A. Stern. Change of Plea Hearing set for
6/26/2014 at 11:00 AM in Fort Lauderdale Division before Judge William J. Zloch. (bc)
(Entered: 06/18/2014)

 

06/18/2014

Terminate Calendar Call and Jury Trial as to Michael A. Stern (bc) (Entered:
06/18/2014)

 

06/26/2014

Minute Entry for proceedings held before Judge William J. Zloch: Change of Plea
Hearing as to Michael A. Stern held on 6/26/2014. Michael A. Stern (1) Guilty as to
Count 2. Court Reporter: Tammy Nestor, 305-523-5635 (bc) (Entered: 06/26/2014)

 

06/26/2014

PLEA AGREEMENT as to Michael A. Stern. (Attachments: # 1 Factual Proffer)(bc)
(Entered: 06/26/2014)

 

06/26/2014

 

NOTICE OF SENTENCING HEARING as to Michael A. Stern. Sentencing set for
9/10/2014 at 10:00 AM in Fort Lauderdale Division before Judge William J. Zloch. (be)
(Entered: 06/26/2014)

 

07/01/2014

30

Notice of Presentence Investigation Assignment of Michael A. Stern to US Probation
Officer Frances Weisberg in the Fort Pierce Alto Lee Adams, Sr. U.S. Courthouse and
he/she can be contacted at 772-467-2368 or frances_weisberg@ flsp.uscourts. gov. (Ihn)
(Entered: 07/01/2014)

 

07/15/2014

NOTICE OF ATTORNEY APPEARANCE: Marissel Descalzo appearing for Michael
A, Stern . Attorney Marissel Descalzo added to party Stewart Title Guaranty
Company(pty:ip). (Descalzo, Marissel) (Entered: 07/15/2014)

 

08/05/2014

is

DRAFT Disclosure of Presentence Investigation Report of Michael A. Stern. This is a
limited access document. Report access provided to attorneys Roger Cruz, Daryl Elliott
Wilcox by USPO (Attachments: # 1 Position of Parties)(mhz2) (Entered: 08/05/2014)

 

08/06/2014

NOTICE OF APPEARANCE OF ANTHONY ACCETTA, ESQUIRE OF THE LAW
OFFICES OF ANTHONY ACCETTA, P.A., by Rita Starr, Ivor Rose as to Michael A.
Stern (Accetta, Anthony) (Entered: 08/06/2014)

 

08/06/2014

Attorney update in case as to Michael A. Stern. Attorney Anthony Accetta for Rita
Starr, Anthony Accetta for Ivor Rose added per 33 Notice of Appearance (asl) (Entered:
08/07/2014)

 

 

09/02/2014

 

 

FINAL Addendum 1 Disclosure of Presentence Investigation Report of Michael A.
Stern. This is a limited access document. Report access provided to attorneys RogerCruz, Daryl Elliott Wilcox by USPO (Attachments: # 1 Addendum)(mhz2) (Entered:
09/02/2014)

 

09/05/2014

la

Defenda