Complaint,Petition: U S BANK NATIONAL ASSOCIATION VS CRISTINA MILLER ET AL

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 54678420 E-Filed 04/05/2017 02:06:06 PM

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

CIVIL ACTION
U.S. BANK NATIONAL ASSOCIATION, CASE NO.:
Plaintiff,
vs. DIVISION:

CRISTINA MILLER; THE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES, OR OTHER CLAIMANTS CLAIMING BY, THROUGH, UNDER OR AGAINST
DAVID MILLER A/K/A DAVID A. MILLER, DECEASED; BRANDI MARSHELL MILLER F/K/A BRANDI
MARSHELL EWING F/K/A BRANDI M. PATTERSON; DANIELLE NICOLE MILLER, A MINOR CHILD IN
THE CARE OF HER COURT-APPOINTED GUARDIAN OF THE PERSON AND PROPERTY, BRANDI
MILLER; DAVID EDWIN MILLER; FAITH ANN MILLER, A MINOR CHILD IN THE CARE OF HER COURT-
APPOINTED GUARDIAN OF THE PERSON AND PROPERTY, BRANDI MILLER; 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; UNKNOWN PARTY #1, UNKNOWN PARTY #2, UNKNOWN PARTY #3, and
UNKNOWN PARTY #4 THE NAMES BEING FICTITIOUS TO ACCOUNT FOR PARTIES IN POSSESSION,
Defendant(s).
/

VERIFIED MORTGAGE FORECLOSURE COMPLAINT

 

Plaintiff, U.S. Bank National Association, sues Defendants, Cristina Miller; The Unknown Heirs, Devisees,
Grantees, Assignees, Lienors, Creditors, Trustees, or other Claimants claiming by, through, under or against David
Miller a/k/a David A. Miller, deceased; Brandi Marshell Miller /k/a Brandi Marshel! Ewing /k/a Brandi M. Patterson;
Danielle Nicole Miller, a minor child in the care of her court-appointed Guardian of the Person and Property, Brandi
Miller; David Edwin Miller; Faith Ann Miller, a minor child in the care of her court-appointed Guardian of the Person
and Property, Brandi Miller; 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; Unknown Party #1, Unknown Party #2,
Unknown Party #3 and Unknown Party #4, the names being fictitious to account for parties in possession, and alleges:

MORTGAGE FORECLOSURE

1 This is an in rem action to foreclose a mortgage on real property (hereinafter ‘Property’) located and
situated in Miami-Dade County, Florida,

2. On April 29, 2003, there was executed and delivered a Promissory Note (“Note”) and a Mortgage
securing the payment of the Note. The Mortgage was recorded on June 5, 2003, in Official Records Book 21310 at
Page 3449 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). Copies of the original Mortgage Note and Mortgage
are attached hereto and incorporated herein as an Exhibit.

 

3. Plaintiff is in physical possession of the Note endorsed in blank which is the subject of this action
and therefore, is the holder of that Note.
4 The Property is now owned of record by Defendant(s), Cristina Miller and The Unknown Heirs, :

Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, or other Claimants claiming by, through, under or against
David Miller a/k/a David A. Miller, deceased.

17-003744 -cr5. The Note and Mortgage are in default. The required installment payment of March 1, 2016, was
not paid, and no subsequent payments have been made. The Mortgage is contractually due for the March 1, 2016
payment, The last payment received was applied to the February 1, 2016 installment, and no subsequent payments
have been applied to the loan,

6. Plaintiff declares the full amount payable under the Note and Mortgage to be now due.

7 Plaintiff must be paid $85,980.18 in principal on the Note and Mortgage, together with interest from
February 1, 2016, late charges, and all costs of collection including title search expenses for ascertaining necessary
parties to this action and reasonable attorney's fees.

8. All conditions precedent to the acceleration of the Note and foreclosure of the Mortgage have been
performed or have occurred.
9. Plaintiff has retained the law firm of Albertelli Law in 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. Plaintiff shall be entitled to an
award of any fees and costs incurred in this action based on the terms of the instruments upon which this action is
based.

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.

i. Cristina Miller may have or claim an interest in the Property that is the subject of this Foreclosure
action by virtue of a Warranty Deed recorded in Official Records Book 18663, Page 2422, or may otherwise claim an
interest in the Property,

12. The Unknown Heirs, Devisces, Grantees, Assignees, Lienors, Creditors, Trustees, or other
Claimants claiming by, through, under or against David Miller a/k/a David A. Miller, deceased may have or claim an
interest in the Property that is the subject of this Foreclosure action by virtue of the death of David Miller a/k/a David
A, Miller a/k/a David Arthur Miller who obtained title through that certain Warranty Deed recorded in Official
Records Book 18663, Page 2422; subject to the administration of the Estate, or may otherwise claim an interest in the
Property.

13. Brandi Marshell Miller f/k/a Brandi Marshell Ewing f/k/a Brandi M. Patterson may have or claim
an interest in the Property that is the subject of this Foreclosure action by virtue of a possible heir to the Estate of
David Miller a/k/a David A. Miller a/k/a David Arthur Miller, deceased, or may otherwise claim an interest in the
Property.

14. Danielle Nicole Miller, a minor child in the care of her court-appointed Guardian of the Person and
Property, Brandi Miller may have or claim an interest in the Property that is the subject of this Foreclosure action by
virtue of a possible heir to the Estate of David Miller a/k/a David A. Miller a/k/a David Arthur Miller, deceased, or
may otherwise claim an interest in the Property,

15. David Edwin Miller may have or claim an interest in the Property that is the subject of this
Foreclosure action by virtue of a possible heir to the Estate of David Miller a/k/a David A. Miller a/k/a David Arthur
Miller, deceased, or may otherwise claim an interest in the Property.

16. Faith Ann Miller, a minor child in the care of her court-appointed Guardian of the Person and
Property, Brandi Miller may have or claim an interest in the Property that is the subject of this Foreclosure action by
virtue of a possible heir to the Estate of David Miller a/k/a David A. Miller a/k/a David Arthur Miller, deceased, or
may otherwise claim an interest in the Property.

17-003744 -cr17. Unknown Party #1, Unknown Party #2, Unknown Party #3 and Unknown Party #4, the names being
fictitious to account for parties in possession who may claim some interest in the Property that is the subject of this
foreclosure action by virtue of an unrecorded lease or purchase option, by virtue of possession, homestead rights not
readily apparent from a review of the public records or may otherwise claim an interest in the Property. The names of
these Defendants are currently unknown to the Plaintiff. However, any such claim or demand is inferior to the lien of
the Mortgage.

WHEREFORE, Plaintiff requests that the Court ascertain the amount due Plaintiff for principal and interest
on the Note and Mortgage and for late charges, abstracting, taxes, expenses and costs, including attorney's fees, plus
interest thereon; that if the sums due Plaintiff under the Note and Mortgage are not paid immediately, the Court
foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiff's
mortgage lien in accordance with the provisions of Section 45,031, Florida Statutes (1999); that the rights, title and
interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereafter
made a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents,
issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and profits pursuant
to Section 697,07, Florida Statutes (1995); 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 decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been
discharged in bankruptcy.

FLA. R. CIV. P. 1.115(e) 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: Che zx bepdlhds

Printed name: Ethan L, Hodskins
Title: Assistant Vice President

Place of Business: Us, Bank National Association.

Date: 3/31/17

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

Albertelli Law

P.O. Box 23028

Tampa, Florida 33623

(813) 221-4743

(813) 221-9171 facsimile

eService: servealaw@albertellilaw.com

17-003744 -crState of Kentucky
County of Daviess

The foregoing instrument was subscribed and sworn to before me this 2) 3! Ir

(date), by Ethan L. Hodskins, Assistant Vice President of U.S. Bank National
Association, a federally chartered banking association, on behalf of U.S. Bank
National Association.

ue of notary)

State at Large
(Title or rank)

 

Edited 02/04/2015CERTIFICATION OF POSSESSION OF ORIGINAL NOTE

The undersigned hereby certifies:

1

U.S. Bank National Association is in possession of the original Promissory note upon which this
action is brought.
‘The original promissory note was executed by David Miller & Christina Miller
The location of the original promissory note is: 800 Moreland Street, Owensboro, KY 42301,
The name and title of the person giving the certification is:
Ethan skin: jistant Vice President _.
The time and date on which possession was verified were: __12:23 P]
Correct copies of the note (including, where applicable, all endorsements and allonges) are attached to this
certification,
I give this statement based on my personal knowledge.

 

Under penalties of perjury, I declare that I have read the foregoing Certification of Possession of ‘Original Note and
that the facts stated in it are true.

Executed on __ 2/23/17

thy 2 bolts
Ethan L. Hodskins,
Assistant Vice PresidentState of Kentucky
County of Daviess

The foregoing instrument was subscribed and sworn to before me this A:23:1 2

(date), by i i int of U.S. Bank National
Association, a federally chartered banking association, on behalf of U.S. Bank
National Association.

Au 4 notary)

State at Large
(Title or rank)

 

Edited 02/04/201517-00 3744

Ss)

NOTE
APRIL 29, 2003 Coral Springs, FLORIDA
[Date] [city] [state]

71 MW 13 Street, Homestead, FL 33030
[Property Address}

1, BORROWER'S PROMISE TO PAY

In retum for a loan that | have recelved, | promise to pay U.S. §95,400.00 (this amount is called “Principal’),
plus interest, to the order of the Lender. The Lender is FIRST MORTGAGE AMERICA INC, A FLORIDA
CORPORATION.

| will make all payments under this Note in the form of cash, check or money order,
Junderstand that the Lender may transfer this Note. The Lender or. ‘anyone who takes this Note by transfer and who
\s entitled to receive payments under this Note is called the “Note Holder.”

2. INTEREST

interest will be charged on unpaid principal until the full amount of Principal has been paid. [ will pay interest at a
yearly rate of 5.875%,

‘The interest rate required by this Section 2 Is the rate | will pay both before and after ‘any default described in Section
6(8) of this Note,

3. PAYMENTS:

(A) Time and Place of Payments

| will pay principal and interest by making a payment every month.

' will make my monthly payment on the 1st day of each month beginning on suNE 1, 2003.
!will make these payments every month unti | have paid all of 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 MAY 1, 2033, | still owe amounts under this Note, | will
Pay those amounts in full on that date, which Is called the “Maturity Date,”

Iwill make my monthly payments at

515 SEABREEZE BLVD. ,SUITE 201 BLVD

33316

FORT LAUDERDALE, FL 33316
or at a different place if required by the Note Holder.

(B) Amount of Monthly Payments.

My monthly payment will be in the amount of U.S. $564.33.

4. BORROWER'S RIGHT TO PREPAY

have the right to make payments of Principal at any time before they are due. A payment of Principal only Is known
as. “Prepayment.” When Imake aPrepayment, |willtellthe Note Holder in writing that| am doing so. may notdesignate
@ payment as a Prepayment if | have not made all the monthly payments due under the Note,

I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will
use my Prepayments to reduce the amount of Principal that | owe under this Note, However, the Note Holder may apply
my Prepayment to the accrued and unpaid Interest on the Prepayment amount, before applying my Prepayment to
reduce the Principal amount of the Note. if] make a partial Prepayment, there will be no changes in the due date or in
the amount of my monthly payment unless the Note Holder agrees in writing to those changes.

5, LOAN CHARGES

Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the pormitted limit: and (b) any
sums already collected from me which exceeded permitted limits will be refunded to me. ‘The Note Holder may choose
to make this refund by reducing the Principal | owe under this Note or by making a direct payment to me. Ifa refund
reduces Principal, the reduction will be treated as a partial Prepayment.

6, BORROWER'S FAILURE TO PAY AS REQUIRED

(A) Lato Charge for Overdue Payments

| the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
days after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge willbe 5.000%
of my overdue payment of principal and interest. | will pay this late charge promptly but only once on each late payment.

(B) Default

{f 1 do not pay the full amount of each monthly payment on the date it is due, | will be in default.

(C) Notice of Default

tf! am in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount
by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been
paid and all the interest that | owe on that amount, That date must be at least 30 days after the date on which the notice
is mailed to me or delivered by other means,

 

(D) No Waiver By Note Holder
Even if, at a time when | am in default, the Note Holder does not require me to pay immediately in full as di
above, the Note Holder will still have the right to do so if | am in default at a later time,
Initials:
FLORIDA FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01
‘© 1999-2002 Online Documents, Inc, Page 1 of 2 Fe
Vi WBCD LOAN # a) 10:29

71H 13 Street Homestead, FL 3303e

(E) Payment of Note Holder's Costs and Expenses

ifthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right
to be paid back by me for all of its costs and expenses in ‘enforcing this Note to the extent not prohibited by applicable
law, Those expenses include, for example, reasonable attorneys’ fees.

7. .GIVING OF NOTICES

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

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

8, OBLIGATIONS OF PERSONS UNDER THIS NOTE

if more than one person signs this Note, each person is fully and personally obligated to keep alll of the promises
made in this Note, including the promise to pay the full amount owed, Any person whois 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
ofa guarantor, surety or endorser of this Note, is also obligated to keep alll ofthe promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us together. This means
that any one of us may be required to pay all of the amounts owed under this Note.

9. WAIVERS

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

10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions, In addition to the protections given
to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the
‘same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises
which | make in this Note. That Security Instrument describes how and under what conditions | may be required to make
immediate payment in full of all amounts | owe under this Note, Some of those conditions are described as follows:
{tall or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower Is sold or transferred) without Lender's prior written consent,
Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
lf Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
Period ofnotless than 30 days from the date the notices 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 Instrumentwithout further notice or demand
on Borrower,

 
 

11, DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this Indebtedness,

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSJGNED

 
 
  

= (Seal)
DAY,
(Seal)
STIWK MILLER
PAY\TO THE ORDER OF; ‘PAY TO THE ORDER OF
AR BANK, PSB WITHOUT FLAGSTAR BANK, FSB

‘WITHOUT RECOURSE
INC.
‘GAGE AMERICA INC, A ‘BY: FLAGSTAR BANK, Ts: IRNEY IN FACT

FLORIDA CQRPORATION
ura paren [4-0

‘CHUCK PALEY, VICE

BY:

ITS:

[Sign Original Only]
FLORIDA FIXED RATE NOTE-Single Family—Fannie Mae/Freddic Mac UNIFORM | INSTRUMENT Form 3210 1/01

© 1990-2002 Online Documents, Ine. Page 2 of 2 mz
‘Vi WECD LOAN  ‘Saa00™igy Ea

71 Wy 12 Street Hinesteads A 200PAY TO THE ORDER OF
RECOURSE

FLAGSTAR BANK, FSOCFN 2003R0360457
‘OR Bk 21310 Pas 3449 - 34585 (10095)
RECORDED 06/05/2003

22842228

HARVEY RUVIN® CLERK OF COURT
NIANE-OADE CDUNTY® FLORIDA

After Recording Return Tor
FLAGSTAR BANK

5151 CORPORATE DRIVE

‘TROY, MI 48098

FINAL DOCUMENTS, MAIL STOP W-530-3

Carolyn Mule

This instrument was prepared by:

[Space Above This Line for Recording Data}
MORTGAGE co es
DEFINITIONS:

Words used in multiple sections of this document are defined below and other words are defined in Sections 8, 11, 13,
18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16,
(A) “Security Instrument” means this document, which is dated APRIL 29, 2003, together with all
Riders to this document,

(8) “Borrower” is DAVID MILLER and CRISTINA MILLER Husband and Wife ,» JOINT TENANCY WITH
PULL RIGHTS OF SURVIVORSHIP,

Borrower is the mortgagor under this Security Instrument.

{C) “MERS” is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is acting solely as
anominee for Lender and Lender's successors and assigns. MERS Is the mortgagee under this: Security instrument.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box
2026, Flint, Ml 48501-2026, tel. (888) 679-MERS.

(0) “Lender” is FIRST MORTGAGE AMERICA INC.

Lender isa CORPORATION, organized and existing under the laws of
FLORIDA, Lender's address is 515 SEABREEZE
BLVD. ,SUITE 201 BLVD, 33316, FORT LAUDERDALE, FL 33316,

{E) “Noto” means the promissory note signed by Borrower and dated APRIL 29, 2003. The Note
States that Borrower owes Lender t#sesseessee#s*+NINETY PIVE THOUSAND FOUR HUNDRED AND 80/100
seaneetneenieseseanasuesenennnenaranneeetteenenatsatties Dollars (US. $95,400.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than MAY 1, 2033,

(F) “Property” means the property that is described below under the heading “Transfer of Rights in the Property."
(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,

FLORIDA-Single Farily-Fannle Mae/Freddle Mac UNIFORM INSTRUMENT Form 3010 1/01 Initials:
© 1990-2002 Online Doi Page 10f9 FLEDEED 0211
‘Vl WBCD LOAN # 04-24-2003 10:29

Description: Dade, FL Document - Year.DocID 2003.360457 Page: 1 of 10
Order: FPC-1702793 Comment: ’"™Y peygeorwens(H) “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 applicabla]:

(Adjustable Rate Rider = C_JCondominium Rider (second Home Rider
(Balloon Rider [Planned Unit Development Rider [—]Other(s) [specity|
(11-4 Family Rider [Biweekly Payment Rider

()_ “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.

(J) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization,

(K) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
tape so as to order, instruct, or authorize a financial institution to debit or credit an account, Such term includes, but is
not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transters.

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

(M)“Miscellanoous Procesds” means any compensation, seitlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds pald under the coverages described in Section 5) for: ()) damage to, or
destruction of, the Property; (lj) condemnation or other taking of all or any part of the Property; (ii) conveyance in licu
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.
(©) “Perlodic Payment” means the regularly scheduled amount due for (i) principal and interest under the Note, plus
{il) any amounts under Section 3 of this Security Instrument.

(P) “RESPA” means the Real Estate Settiement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
fegulation, Regulation X (24 C.F.R, Part 3500), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA"
refers to all requirements andi restrictions that are imposed in regard to a “federally related mortgage loan” even if the
Loan does not qualify as a “federally related mortgage loan” under RESPA.

(Q) “Successor In Interest of Borrower” means any party that has taken title to the Property, whether or not that party
has assumed Borrower's obligations under the Note and/or this ‘Security Instrument,

 

TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repaymentof the Loan, andalllranewals, extensions and modifications
of the Note; and (i) the performance of Borrower's covenants and agreements under this Security instrument and the
Note. For this purpose, Borrower does hereby mortgage, grantand 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
inthe coumry Type of Recording Jurlediction] of Miamii-dade

[Name of Recording Juriedletion):

see attached

 

Tax ID #: 10-7812-007-1220

which currently has the address of 71 NW 13 Street, Homeste:

 

(Street) (city)
Florida 33030 (‘Property Address"):
[Zip Code}

TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurte-
nances, and fhures 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 tile to the interests granted by Borrower in this Security instrument,
but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns)
has the righl: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the
Property: and to take any action required of Lender including, but not limited to, releasing and canceling this Security

Instrument.
FLORIDA-Single Family—Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 30101/01 initiate: 1

© 1009-2002 Ontine Documents. inc. Page 2 of 8 FLEDEED
vi wec> Loa + 04-24-2003 10:29

Description: Dade,FL Document - Year.DocID 2003.360457 Page: 2 of 10
Order: FPC-1702793 Comment: "*YY rage eureEXHIBIT "A"
+E SOUTH '% OF THE WEST 75 FEET OF THE EAST 485 FEET OF BLOCK 10 OF PONCE DE LEON ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 79 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY,

FLORIDA

 

Description: Dade,FL Doc
Order: FPC-1702793 Comment:

ie oye r.DOCID 2003.360457 Page: 3 of 103 of 10BORROWER 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 and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.

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

1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Lato Charges. Borrowershall pay
when due the principal of, and interest on, the debt evidenced by the Note and any prepaymentcharges andlate charges
due under the Note, Borrower shail also pay funds for Escrow Items pursuant to Section 3. Payments due under the
Note and this Security Instrument shail 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 returned 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 (d) Electronic Funds Transfer.

Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 18. Lender may return 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 toits 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 dato,
then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes
payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either
apply such funds or return them to Borrower. not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the
future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument
or performing the covenants and agreements secured by this Security Instrument,

2. Application of Payments or Proceeds, Except as otherwise described in this Section2, 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.

I Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge, If more than
‘one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent that, each payment can be paid 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.

Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
Not extend or postpone the due date, or change the amount, of the Periodic Payments.

3. Funds for Escrow items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, asum (the “Funds") to provide for payment of amounts due for: (a) taxes and assessments
and other items which ean attain priority over this Security Instrument as a 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 to Lender in lieu of
the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These tems are called
“Escrow Items,” At origination or at any time during the term of the Loan, Lender may require that Community Association
Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an
Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or
all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time.
Any such waiver may only be inwriting. In the event of such waiver, Borrower shall pay directly, when and where payable,
the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's
‘obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and
agreement contained in this Security Instrument, as the phrase “covenant and agreement" is used in Section 9. If
Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for
an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
tems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to
Lender all Funds, and in such amounts, that are then requirad under this Section 3.

Lender may, at any time, collact and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at
the time specified under RESPA, and (b) notto exceed the maximum amounta lender can require under RESPA. Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with Applicable Law.

 

FLORIDA--Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT —Form30101/01 Initials:
© 1909-2002 Online Documents, inc. Page 3 of 9 FLEDEED

V1 WECD LOAN + Ge 10:29

Description: Dade, FL Document - Year.DocID 2003.360457 Page: 4 of 10
Order: FPC-1702793 Comment: ‘*Y“ page rw‘The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
{including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender
‘shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall 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 intarestto be paid on the Funds, Lender shall not be required
to pay Borrower any interest or earings on the Funds. Borrower and Lender can agree in writing, however, that interest
shallbepaid on the Funds. Lender shallgive to Borrower, without charge, an annual accounting of the Funds as required
by RESPA.

Ni there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall 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 ofall sums secured by this Security Instrument, Lender shalll 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 or ground rents on the Property,
Hany, and Community Association Dues, Fees, and Assessments, ifany. To the extentthat 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 (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. if Lender determines that any part
of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a
Rotice identifying the lien, Within 10 days of the date on which that notice is given, Borrower shalll satisfy the lien or take
‘one or more of the actions set forth above in this Section 4.

Lender may require Borrower to pay a one-time charge for a realestate tax verification and/or reporting service used
by Lender in connection with this Loan.

5. Property Insurance. Borrower shall keep the improvements now existing or hereatter erected on the Property
insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including,
but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in
the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to
the preceding sentences can change during the term of the Loan, The insurance carrier providing the insurance shall
be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, 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.

Borrower fails to maintain any of the coverages described above, Lender may obtain Insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of
coverage. Theretore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in
the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall
bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.

All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as
an additional loss payee. Lender shalll have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form
ofinsurance coverage, nototherwise required by Lender, fordamage to, or destruction of, the Property, such policy shall
include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss. ayer.

In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance
Proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of
the Property, ifthe restoration or repairis economically feasible and Lender's ‘security is notlessened. During such repair
and restoration period, Lender shalll have the right to hold such insurance proceeds until Lender has had an. opportunity
to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection
shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in
a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law

  

 

FLORIDA~Single Family-Fannie Mao/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 Initials: ye A
© 1999-2002 Online Documents, Inc. Page 4 of 9 FLEDEED
Vil WECD LOAN ? ““@ 5”

Description: Dade,FL Document - Year.DocID 2003.360457 Page: 5 of 10
Order: FPC-1702793 Comment: ‘‘~~ geeDescription: Dade, FL Document - Year.DocID 2003.360457 Pa:
Order: FPC-1702793 Comment: Vege

requires interest to be paid on such insurance proceeds, Lender shall not be raquired to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out
of the insurance proceeds and shall be the sole obligation of Borrower. Ifthe 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 the excess, if any, paid to Borrower. Such insurance proceeds shall
be applied in the order provided for in Section 2.

i Borrower abancions the Property, Lender may file, negotiate and settle any available insurance claim and related
matters. if Borrower does not respond within 80 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lender may negotiate and settle the claim, The 30-day period will begin when the notice is given.
In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums
paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the Note or this Security Instrument, whether or not then due.

6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
60 days after the execution of this Security Instrument and shalll continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent
shall not be unreasonably withheld, or untess extenuating circumstances exist which are beyond Borrower's control.

7. Preservation, Maintonance and Protection of the Property; Inspections, Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not
Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or
restoration is not economically feasible, Borrower shall promptly repair the Property it damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking
of, the Property, Borrower shall be responsible for repairing or restoring the Property only it Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in
series of progress payments as the work is completed. If the Insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or
restoration.

Lender or its agent may make reasonable entries upon and inspections of the Property. If ithas reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of
oF prior to such an interior inspection specifying such reasonable cause.

8, Borrower's Loan Application, Borrower shall be in default if, during the Loan application process, Borrower
or any persons oF entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially
false, misleading, orinaccurate information or statements to Lender (or failed to provide Lender with material information)
in connection with the Loan. Material representations include, but are not limited to, representations concerning
Borrower's occupancy of the Property as Borrower's principal residence.

9. Protection of Lender’s Interest in the Property and Rights Under this Security Instrument. If (a) Borrower
fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a lagal proceeding that
might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority
over this Security Instrument orto enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender
may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under
this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender’s actions can include, but are not limited to; (a) paying any sums secured by alien which has priority
over this Security Instrument; {b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its intorestin
the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding.
Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or
board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous
conditions, and have utilities turned on or off, Although Lender may take action under this Section 9, Lender does not
have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking
any or all actions authorized under this Section 9.

Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this,
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower requesting payment.

Ifthis Security Instruments on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall
Nnotsurrender theleasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall
not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the
Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.

10. Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan, Borrower shallpay
the premiums required to maintain the Mortgage Insurance