Complaint,Petition: BAYVIEW LOAN SVCING LLC VS CEPEDA, ELVIRA

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                                Electronically Filed 08/30/2013 04:46:05 PM ET

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

CIVIL ACTION
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION,
Plaintiff,
CASE NO.:
vs. DIVISION:

JORGE V. ZUNIGA; ELVIRA CEPEDA; 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; TENANT #1,

TENANT #2, TENANT #3, and TENANT #4 the names being fictitious to account for parties in possession
Defendant(s).

/

VERIFIED COMPLAINT TO FORECLOSE MORTGAGE

Plaintiff, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION sues the Defendant(s) JORGE V.

 

ZUNIGA, ELVIRA CEPEDA; 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; TENANT #1, TENANT #2, TENANT #3 and

TENANT #4 and states:

1. This is an action to foreclose a mortgage on teal property located in MIAMI-DADE County, Florida
and by reason thereof the venue for this matter is in MIAMI-DADE. County, Florida, .

2. JORGE V. ZUNIGA executed and delivered a Promissory Note (“Note”) dated November 10, 1995,
JORGE V. ZUNIGA and ELVIRA CEPEDA executed and delivered a Mortgage dated November 10, 1995, securing
payment of the Note, The Mortgage was recorded on November 16, 1995, in Official Records Book 16992 at Page
2043 of the Public Records of MIAMI-DADE County, Florida, and mortgaged the real property ("Property")
described therein, References made herein to “Borrower” refers to the individual(s) executing the Note; “Mortgagor”
tefers to those executing the Mortgage. True and correct copies of said Note and Mortgage, are attached hereto as
Exhibit "A" and Exhibit "B" respectively.

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.

F130114364, The Mortgage was a purchase money mortgage given to secure a loan for the acquisition of the
Property. The Mortgage is superior in dignity to any prior or subsequent right, title, claim, lien or interest of the
Defendants named herein or any person claiming by, through or under said Defendants since the institution of this suit.

5. Defendants, JORGE V. ZUNIGA and ELVIRA CEPEDA, is/are the current owner(s) of the real
property which is the subject of this Mortgage.

6. There has been a default in the payment of the amounts due under the Note and Mortgage in that the

payment due for December 1, 2009 and all subsequent payments have not been made.

7. Plaintiff has and hereby declares the full amount payable under the Note and Mortgage to be due and
payable.

8. All conditions precedent to the filing of this action have been performed or have occurred.

9 Borrower(s), as maker(s) of the Note, may be held personally liable for a deficiency, if any, unless

Borrower(s) has/have discharged the subject debt in bankruptcy, in which event no deficiency is or will be sought.

10. There is now due and owing the principal sum of $62,933.39, together with all sums that may be due
for interest, taxes, insurance, escrow advances and/or fees for inspections, property preservations or other expenses
incurred to protect the property, and expenses and costs of suit including but not limited to filing fees, recording fees,
title search and examination fees, fees due for service of process and such other costs as may be allowed by this Court.

i. Plaintiff has and will incur reasonable attorneys’ fees and therefore, secks to be awarded these fees.

12. The Defendants(s), TENANT #1, TENANT #2, TENANT #3 and TENANT 4, if living, and
all Unknown Parties claiming by, through, under and against the above named Defendants(s) who are not known to be
dead or alive, whether said Unknown Parties my claim an interest as Spouse, Heirs, Devisees, Grantees or Other
Claimants might have some claim or demand in the subject real property by virtue of possession, whether by tenancy
from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the
Mortgage.

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment foreclosing the Mortgage and
enter an order (a) enumerating al! amounts this Court determines due to Plaintiff pursuant to said Note and Mortgage
and award attorneys’ fees, costs, outstanding principal, interest, advances; (b) ordering the Clerk of the Court to sell
the subject property to satisfy the amount due Plaintiff, in whole or in part; (c) adjudging that the right, title and

interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior and

F1301 1436subordinate to the Plaintiffs Mortgage lien and forever be barred and foreclosed; (d) retaining jurisdiction of this
Court in this action to make any and all further orders and judgments as may be necessary and proper, including
issuance of writ of possession and the entry of a deficiency judgment if the proceeds of the sale are insufficient to pay
Plaintiff's claim (no deficiency judgment shall be sought against those parties who have discharged the debt in
bankruptcy pursuant to the provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq. or where a bankruptcy
court only granted Plaintiff or its predecessors-in-interest in rem relief from the bankruptcy automatic stay); and (e) for

such other and further relief as this Court may deem just and proper.

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, and that I am authorized to make this Verification of Complaint by JP Morgan
Chase Bank, N.A.
Signature:
Name:
Title:
Date:

 

*Pursuant to Fla. R. Jud. Admin, 2.516(b)(1)(A), Plaintiff's counsel hereby designates its primary email
address for the purposes of email service as: eservice@wolfelawfl.com

Ronald R Wolfe & Associates, P.L.
P.O. Box 25018

Tampa, Florida 33622-5018
(813) 251-4766

(813) 251-1541 Fax

Address for Elect ice; eservice@wolfelawfl.com

   
   
 

By:

 

Shilpini Vora Burris

Florida Bar No. 27295
oJ. Bennett Kitterman
Florida Bar No. 98636

 

Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector
and any information obtained may be used for that purpose.

F13011436IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA

CIVIL ACTION
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION,
Plaintiff,
CASE NO.:
vs. DIVISION:

JORGE V. ZUNIGA , et al,
Defendant(s).

 

CERTIFICATION OF POSSESSION OF ORIGINAL PROMISSORY NOTE

1. My name is VU \ vonty and I am an employee of Ronald
R. Wolfe & Associates, P.L. (the “Firm”). The Firm has been retained to represent JPMORGAN
CHASE BANK, NATIONAL ASSOCIATION (“Plaintiff”) in the above-styled action to
foreclose a mortgage (the “Litigation”) on real property located at, 13840 SW 284TH STREET,
(the “Property”). :

2. I personally accessed the Firm’s original documents file related to the Litigation
which is located at 4919 Memorial Highway, Tampa, Florida 33634, the contents of which were
previously provided to the Firm, by Plaintiff or its servicing agent. I confirm that the Firm’s
original documents file contains the original promissory note evidencing the debt secured by the
Property, (the “Note”). True and correct copies of the Note and all allonges attached thereto that
are in the possession of the Firm, are attached hereto as an Exhibit.

Under penalties of perjury, I declare that I have read the foregoing Certification of
Possession of Original Promissory Note and the facts stated in it are true. This verification is
made pursuant to § 92.525, Florida Statutes.

 

F13011436germ

* NOTE |

3 LOAN >)

NOVEMBER 10, 1995 MIAMI FLORIDA |
(City) s

13840 S.W. 284TH STREET, MIAMI, FLORIDA 33033

Property Address)
1, BORROWER'S PROMISE TO PAY a
“In return for a loan that.I have received, 1 promise to pay U.S. $93,100.00
(his amount ié called ‘principal, plus interest, to the order of the Lender, :
The Lender is, RESOURCE BANCSHARES MORTGAGE GROUP, INC..

 

  

1. understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by'].

transfer and who is entitled to receive payments under this Note is called the "Note Holder,”

i
2. INTEREST . i
UInterest will be charged on unpaid principal until the full amount of principal has been|
paid. I will pay interest at a yearly rate of 8.000%. . : 4
{he interest rate required by this Section 2 is the rate I will pay both before and after any,
default described in Section 6(B) of this Note. i

3. PAYMENTS

(A) Time and Place of Payments .

{Twill pay principal and interest by making payments every month.

iL will make my monthly payment on the 1ST day of each month beginning on d
JANUARY 1,/1996, I will make these payments every month uatil I have paid all of the principal and
interest and any other charges described below that I may owe under this Note. My monthly payments will
‘be applied to interest before principal. If, on DECEMBER 1, 2025, I still owe amounts under this Note;
I will pay those-amounts in full on that date, which is called the’ ‘maturity date.” ;
I will make my monthly payments at 7909 PARKLANE ROAD, SUITE 150, {i
COLUMBIA, SOUTH CAROLINA 29223 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, $683.13,

4, BORROWER’S RIGHT TO PREPAY

 

 

 

 

 

of principal only is known as a "prepayment.’ When I make a prepayment, I will tell the Note Holder i
writing that I am doing so, i
'L may make a full prepayment or partial prepayments without paying any prepayment}
charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe
ander this Note, If I make a partial prepayment, there will be no changes in the due date or in the amount
of my monthly payment unless the Note Holder agrees in writing to those changes. tf
8, LOAN/CHARGES oe
Ifa law, which applies to this loan and which sets maximum loan charges, “is fimall
interpreted so:that the interest or other loan charges collected or to be collected in connection with thig
loan exceed the permitted limits, then: (1) any such loan charge shall be reduced by the amount necessary
to reduce the charge’ to the permitted limit; and (ji) 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: 1 owe under this Note or by making a direct payment to me, If a refund reduces principal,
the reduction Will be treated as a partial prepayment.

6, BORROWER'S FAILURE TO PAY AS REQUIRED * 4
{(A) Late Charge for Overdue Payments
j1f the Note Holder has not received the full amount of any monthly payment by the end of
18 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the:
charge will be’ 5% of my overdue payment of principal and interest, I will pay this late charge promptly;
but only oncelon each late payment, i
}(B) Default . . aay ai
defaut If I do not pay the full amount of each monthly payment on the date it is due, I will be i
jefault. : : i
(C) Notice of Default - wel int
iIf Tam in default, the Note Holder may send me a written notice telling me that if I do Ho!
pay the overdue amount by a certain dato, the Note Holder may require me to pay immediately the ful
amount of principal which has not been paid and all the interest that I owe on that amount. That da‘
must be at least 30 days after the date on which the notice is delivered or mailed to me. '
{(D) No Waiver By Note Holder . ;
‘Even if, ata ‘time when I am in default, the Note Holder does not require me. to pal

T have the right to make payments of principal at any time before they are due. A miei

 

 

 

 

 

 

 

 

 

1
immediately in full as described above, the Note Holder will still have the right to do so if J am in default}. |

at a later time:
{€E) Payment of Note Holder's Costs and Expenses . d

. HI the Note Holder has required me to pay immediately in full-as described above, the Notel
Holder will hive the right to be paid back by me for all of Ws costs aad expenses in enforcing this Note th

the extent not, prohibited by applicable law, Those expenses include, for example, reasonable attorneys’ fect.

 

7. GIVING OF NOTICES en |

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

it by first class mail to the Note Holder at the address stated in Section ‘3(A) above or at a different

. tind

‘Any notice that must be given to the Note Holder uader this Note will be given by mailing!
address if I am given notice of that different address, i
: . "

 

, | 42.

MULTISTATE FIXED RATE NOTE-Single Fomlly- PNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12/83 Initiale,

 

Serena

 

EERE SELENITE?"8° OBLIGATIONS’ OF PERSONS UNDER THIS NOTE

a

   
 

J

i

      
 

. Lf more than one person signs this Note, each persoh is fully and personally obligs au
skeeb.all of the promises made inthis Note, including ‘the promise to pay the full amount owed... Any!
Person who is.a guarantor, surety or endorser of this Note, is also obligated to do these things. Any person
who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note||
is also obligated to keep all of the promises made in this Note, The Note Holder may enforce its rights|
under this Note against each person individually or against all of us together, This means that any one "

 

us may be required to pay all of the amounts owed under this Note.

% WAIVERS ~

1 and any other person who has obligations under this Note waive the rights of presentment!
and notice of dishonor, "Presentment" means the right to require the Note Holder to demand payment off]
amounts duc. "Notice of dishonor* means the right to require the Note Holder to give notice to =|
10, UNIFORM SECURED NOTE * i

persons that amounts due have not been paid.

| This Note is a uniform instrument with limited variations in some jurisdictions. Tn 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 frou possible los
which might result if Ido not keep the promises which I make in this Note. That Security Instrument!
describes “how and under what conditions I may be required to make immediate payment in full of al
amounts I owe under this Note, Some of those conditions are described as follows:

1 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
transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, al
its option, require immediate payment in full of all sums secured by this Security Instrument,  Howeves

a

this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this)
Security Instrument, a

 
  
 
   
 

   

If Lender exercises this option; Lender shall give Borrower notice of acceleration

‘The notice shall provide a period of not less than 30 days from the date the notice is delivered or maile

within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay

these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this!

Security Instrument without further notice or demand on Borrower, {
i

| Wrrness THE HAND(S) AND SEAL(S) OP THE UNDERSIGNED.

      
 

‘The state documentary tax due on this
Note has been paid tnd the proper stamps.
have beon allied fo the mortgage.
securing the indebtedness.

 

a

 

      

REE ET

 

MULTISTATE FIXED RATB NOTE-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 32/83Red 74252432

PERSQZ2ZZA 1996 HOV 14 10244

: LOAN #:amaiaggamn
0,

STATE OF FLORIDA REMG LOAN

COUNTY OF DADE

ASSIGNMENT OF MORTGAGE FROM CORPORATION

KNOW ALL MEN BY THESE PRESENTS:

That Resource Bancshares Mortgage Group, Inc. » 7909 Parklane Road Suite 150 Columbia SC-29223-0000

A Delaware Corporation » Party of the first part, in consideration of a sufficfent and valuable

consideration received from or on behalf of Mellon Mortgage Company party of the second

part, ator before the ensealing and delivery ofthese presents, the reveipt whereof is hereby acknowledged, does hereby grant,
bargaln, sell assign, transfer and set over unto the said party of the second part a certain mortgage bearing date 11/10/95
made by JORGE V. ZUNIGA, A MARRIED MAN JOINED BY ELVIRA CEPEDA, HIS WIFE

in Official Records Book/ 16992, Doc/ 95R470175 , Page/2043_, and recorded on 11/16/95
public records of DADE County, Florida, upon the following described piece or parcel of land,

situate and being in said County and State,
CLE

Together with the note or obligation described in said mortgage, and the. moneys due and to become due thereon, with interest
from the date aforementioned.

‘To Have and to Hold the same unto the said party ofthe second part, Its heirs, legal representatives, successors and assigns
forever.

In Witness Whereof the party of the frst part has caused these presents to be executed
jn ifs name, and its corporate seal to be hereunto affixed, by its proper officers
duly authorized.

 
 
  

‘Signed, sealed and delivered in
the presence oft . .

cB an

STATE OF South Carolina

 

COUNTY OF Richlana
THEREBY CERTIFY that on this day, before me an officer duly authorized in the Stato and County aforesaid to take

acknowledgments personally appeared Peter J. Greene and Dorothy Knight well
known to me to be the Vico President and Assistant Secretary respectively of the

corporation named as party ofthe first part in the foregoing instrument, and that they severally acknowledged executing the same
in the presence of two subseribing witnesses freely and voluntarily under authority duly vested in them by sald corporation and
thatthe seal affixed thereto is the true corporate seal of said corporation,

State last aforesaid this October 28,1996,

   

 

caren

anche

7909: Paitant Road Sue 'Columt in$029223.0000
1(800)933-2890 EXT, 4746

10/28/96 ML3 D6SB 05/96“eager as : a een D\

 

; . : BRATOLTS é 4
RECORD AND RETURN TO: , PERETOLZS 1995 HOV te

HOME TITLE SERVICES
12665 SOUTH DIXIE HIGHWAY
MIAMI, FLORIDA 33156 :

 
  

KING i
Babe CUE Te

    

ms 3i8.
TRYING f)

 

 

. Prepared By: {Spuce Above ‘This Line For Recording Data!
Harvey 3, Scholl, ESO. " *
2000 Glades Ie Wl, 110”
Boca, Raton, te Sao * MORTGAGE

Loan No. =!

 

THIS MORTGAGE ("Security Instrument’) is given on NOVEMBER 10, 1995,
‘The mortga or is *

JORGE V, ZUNIGA , a married man Joined by ELVIRA CEPEDA, his wife

("Borrower"). This Security Instrument, is given to . : coy
RESOURC! BANCSHARES MORTGAGE GROUP, INC,,

which-is orgnnized and txisting, under the laws of THE STATE OF DELWARE,
and whose addéess is“ : .

7909 PARKLANE ROAD, SUITE 150 -

COLUMBIA, SOUTH CAROLINA 29223 ("Lender"),

Borrower oves Lender the principal samy of .

NINETY- THREE THOUSAND ONE HUNDRED DOLLARS AND ZERO CENTS
(U.S. $93,100.00), .

“This, debt is evidenced by Borrower's note duted the sume date us this Security Instrument, (Note), which
rovides for monthly payments, with the full debt, if not paid eurlier, due and payable on DECEMBER 1, 2025,
his Security Instrument secures. to Lender: (u) the repayment of the debt evidenced by the Note, with interest,

and all renewals, exiensions and modifications of tht 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

Botrower's covenants and ogreements under this Security Insicument and the Note. For this.purposc, Borrower

* does hereby mortar c, grat -and convey to ‘Lender. the following described |property - located in
DADE County, FL! IDA: : . . .

 

LOT 9, BLOCK 7, OF HARTFORD PLACE, ACCORDING TO THE PLAT
SHEREOF, AS RECORDED IN PLAT BOOK'140 PAGE 26 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA. ‘ .

which hus the uldress of 13840 §

  

W. 284TH STREET, MIAMI [Street, City)
FLORIDA 33033 + (Property Address");
. [Zip Code} .

TOGETHER WITH ail the improvements now or hereafter erected on the property, and all ensements,
appurtenances, and fixtures now or hereufter a part of the Property. All replacements and additions shall also
be ‘covered by’ this Sccurity Instrument, All of the foregoing is referred to in this Sceurity Instrument as the
“Property.” : .

BORROWER COVENANTS that Borrower is Jawfully seised of the estate hereby conveyed and has,the io
right to morigage, grant and cunvey the Properly und that the Properly is unencumbered, except for Y

PLORIDA-Single Pamily-Pannle Mac/ Freddie Mac UNIFORM INSTRUMENT Form 3010. 0/90 (puge’l of 6) tithe SJ.

 

 

 

--etnettne ene OL BUM PEMA MRA RBA °16992208

encumbrances of record, Borrower warrants und will defend generally the title 10 the Properly agai 7
fecord, n e against all cluin:
and demands, subject to any encumbrances of record periy ae a

- THIS, SECURITY INSTRUMENT combines uniform co
covenants with

Property. .

Fa . \T co if ants for national use and non-uniform
limited variations by jurisdiction to constitute a uniform security instrument covering real

UNIFORM COVENANTS, Borrower’and Linder covenant and agree ns follows:

oon Payment of Principat and Interost; Prepayment ond Lute Charges, Borrower shall promptly pay
ybon due the principal of und interest on the debt evidenced by the Note and any prepayment and late chatges
Note. 4

Funds for Taxes und Insurance. Subject to applicable law.or to a written waiver by Lender,
all pay to Lender on the day monthly payments are due under the Note, until the Note is paid in
fall, a sum (Funds) for: (a) yearly taxes and assessments which may attain priority over this Security Tesirument
_ 8.4 Tien on the Property; (b) year! ly leasehold payments or ground rents un the Property, if aayi (e) yearly hazard
OF property insurance premiums; (d) yearly flood insurance premiums, if any; «) yearly mortgage Insuranee
Premiums, if any: and (1) uny sums payable by Borrower to Lender, jp uecordanee with the, provisions of
arugroph 8. in lieu of ihe payment of mortgage insurance premiums,” ‘These’ items are culled "Escrow Items,”
ender may, at any time, collect and hold Funds in an amount not to exteed the maximum amount o lender for
a federully reluted mortgage foun may requlze for Borrower's escrow necount under the: feder:
Setitement Procedures Aci of 974 as amended from time to time, 12 U.S.C, sec, 2601 et seq. (RESPA"), unless
another Iaw that applics to the Funds sets p lesser amount, If so, Lender may, at any time, collect and hold
Funds in on amount not to exceed the lesser ‘amount, Lender may estimate the amount of Funds due on the basis
sof aurrent data and reasonuble estinates of expenditures of future Escrow Items or otherwise i uecordance with
applicable lay, . . . an

The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality
on gntity (including Lender, if Lender f.such un institution) or in any Federal Home Loum Bank: Lender shall
apply the funds to pay the Escrow lems, Lender may aot charge Borrower for holding and applying the Funds,
‘anoually,unalyzing the escrow account, or verifying the Eserow Items, unless Lender pays Borrower interest on
the Funds and applicable Jaw permits Lender-to make such a charge, However, Lender may require Borrower 10
ue One-time charge for an independent real estate tax reporting service used by Lender in connection with
this'loun, 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 uny interest or eurnings 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 nnnual accounting of the Funds, showing credits und debits to the Funds and the
purpose for'which ench debit to the Funds was made, The Funds are pledged as additional security for all sums,
Secured by this Security Instrument. :

the Funds held by Lender exceed the amounts permitted 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 10 pay the Escrow Items when‘due, Lender may $0
nolify Borrower in. writing, and, in such case, Borrower shall pay to Lender the amount necessary to muke up the
deficiency. Borrower i ney in no more'than twelve monthly payments, at Leader's sole

erection, . . .

Upon payment in full 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 néquice or sell the Property, Lender,
Prior to the acquisition or sale of the, Property, shall apply aay Funds held by Lender at the time of acquisition
Or sule us a-eredit agains the sums sdeured by’ this Security Instrument.

2,
Borrower shall

3. Application of Payments. Untess applicable law provides otherwise, all payments, received by
Lender under paragraphs 1 and 2 shall be applied: frst, to any prepayment charges dig uniler the Note; second,
to amounts payable under paragroph 2 third, to interest due; fourth, to principal due; and last, to uny tte
chorges 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 shill pay these obligations in the manner provided in paragraph 2, oF if not paid
fp that manner, Borrower shall ray them on time difeeily to the person owed payment. | Borrower, shall promplly
furnish (o, Lender all notices of amounts to be paid under this patagraph, Ul'Borrower makes these payments
directly, Borrower shall promptly furnish to Lender receipls evidencing the: payments,

. Borrower shall’ promptly dischurge any Hien.which Is priority over this Security. Instrument valess

“Borrower: (a) ayreds int writing to the payment of the obligation: secured by the Nien in a munner acceptable to
Lender; (b) contests in good faith the Hien by, or defends nguinst unforcement of the lien in, egal proceedings
which in the Lender's epinion operate lo prevent the enforcement of the or (c), secures from the holder of
the lien an agseement satisfactory to Lender subordinating the lien to this Seeurity Instrument, If Lender

PLONIDA-Single Family-Punnic Muc/Preddic Muc UNIFORM INSTRUMENT Form 3010 9/90 ~ (page 2 of 6)“any other hazards, including flo

+ with any.exeess paid to Borrower, If Borrower abandons the Propert:

_ material information) in connection. with the loan evidenced by the Note,

 

determines ‘that: any part, of ihe Property is'subject to a lien, which may. attain priority over this Secust
Instrument,” Lender may give Borrowers notice Wemtitying the fen, Borrower shall satiety che Hen or take one
or more of the actions set orth above within 10 days of the giving of notice,

   

  

Hozard or Propert:

8 Insurance. Borrower shall keep. the. improvements now existing or hereafter
erected on the’ Property. insured against loss, by fire, hazards | cluded within the term “extended coverage’ and

y - other, hi s or flooding, fer which Lender requires  insvrunce. ‘This insurance shall be
maintained in the’amounts and for the periods that Lender requires, The insurance carrice 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 deseribed above, Lender may, at Lender's option, obtain coverage to protect
Lender's rights in the Property in accordance with paragraph 7, oe

     

 

All insurance policies and renewals - shall be acceptable to Lender and shall include a standard ° mortguge
clause, “Lender shall have the right to hold the policies and renewals, If Lender requires, Borrower shill
promptly give to Lender all receipts of paid premiums and renewal notices, In the event of loss, Borrower shall

ive prompt notice to the insurance enrrfer nad Lender. “Lender may maXe proof of toss 1f not mide promptly by
r, . :

 

 

‘Unless Lender und Borrower otherwise agree in writing,
or repair of the Property damaged, if the restoration or repuir Is
not lessened. If the restoration or repair is not economically fensi
insurange proceeds shall be applied to the sums secured by th

 

 

neconomicully feasible and Lender's security. is
ible or Lender's security would be lessened, the
ccurity Instrument, whether or nol.then due,

days a
ni

     
    

 

or does not’ answer within
notice from Lender that the insurance carrier has offered to settle a°efaim, then Lender may collect 1
proceeds, « Lender may use the procegds tg repait or restorg the Property oF to pay sums secured by th
Instrumeni, whether of not then duc, The 30-day period will begin when the notice is given:

‘Unless Lender and Borrower otheiwise agree in writing, any application of proceeds to principal shall not
extend or postpone the due date of the monthly, payments reterred to in paragraphs 1 and 2. or change the
amount of the. payinents. If under  puragraph 21 the Property is uequired by Lender, Borrower's right fo uny
insurance Policies and Proceeds resulting rom damage to the Properly prior to the acquisition shal} pass 16

yt sition,"

Lender to the extent of the sums sccured by this Security Insirument immediately prior to the acquis

    
 

 

 

 

 

6. Occupancy, Preservation, Maintenance und Protection of the Property; Borrower's Loun
Application; Leussholds., Borrower shatt ogcupy, establish, and use the Property as Borrower's principal residence
within sixty days. after the execution of this Security Instrument and shall continue to occupy the Properly. us
Bortowor’s principal residence for at least one yeur after the date of occupancy, unless Lender otherwise agrees
in wi oe which consent shall not be unreasonably withheld, or unless ex’ fenuating, circumstances exist which are
beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the property to
doteriorate, of 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 judgement could result in forfeiture of
the Property or otherwise materially Impair the lien created by curity Instrument or Lender's security
interest, Borrower may cure such a default und reinstate, ns provided in paragraph 18, by causing the action or
proceeding to be ‘dismissed with a ruling that, in Lender's good faith determination, precludes forfditure of the

jorrower’s interest in the Property or other material impairment of the lien crested by this Security, Instrument
or Lender's. security interest. | Borrower shall also be in- default Mf Borrower, dur the Hoan. application process,
gave materially false or inaccurate information or ents ta, Lender (or fuile

 

 

     

 

    

   

 

   

cluding, but not. limited to,
fepresentations “concerning, Borrower's occupancy of the, Property, as ptincipul residence. I this Seeurity
Instrument ion a lenschold, Borrower shall comply with all the provisions ofthe lease. Mf Borrower acquires fet
title to the Property, the leasehold and the fee titfe shall not merge unless Lender ag

 

es to the merger in’ writing.

 

. * Protection of Lender's Rights in the Property. If Borrower foils to. perform the, covenunts and
agreements contgined in this Sccurity Instrumont, or therv is a legal proceeding that may significantly, affect

- Wender’s rights im the Property (such fs a procvediny in bankruptey, | prodate, fur condensnaticn oy forfeiture or -

to enforce laws or regulations), then Lender may dé-and pay for whatever is ‘necessary to protect the value of the
Property and Lendei's rightsin. the Property. Lender's actions may include, paying any some secured by a lien
which Bas. priority over this Security Instrument, appearing in court, paying rensonable nitarneys’ | fees and
entering on the Property to make repairs, Although Lender may take action under this paragraph 7, Len
not have to do so, .
‘Any amounts disbursed by Lender under this paragraph 7 ‘shall become nddifional debt of Borrower
secured by this, Sceurily. Instrument, Unless Borrower and Lender agree. to other terms of payment, these
amounts shall bear interest from the date of, disbursement al the Note rate und shall be payable, with interest,
Upon notice from Lender to Borrower requesting, payment, . :

der does

 

  

 

8, Mortgage Ingurince, tf Lender required “moriguge insurane!

secured by this Security Instrument, Borrower shall “pay the “premiums, required to mai
Insurance in effect. If, for any reason, the mortgage insuranes coverage required by Lendur hy
jnveffect, Borrower shall pay the premiums required lo obtain coverage substan

 

in the. mortgage
OF ceivses LO
t to the morigage

     

 

PLORIDA.Single Pamily-Pannic Mac/Freddie Mne UNIFORM INSTRUMENT Form 2010 9/90 (page 304 6)

si Sees se st aso

 

adr

 

insurance, proceeds shull be applied to restoration ©
4 Lender's secur

to provide Lender with any ' -

4) condition of making the loan.. insurance previously in effect, at a cost sul

 

£'e469922046

ri m1 1 stantially equivalent to the cost to Borrower of the mortgage insurance
previously in effect, from an alteroute mortgage insure:

‘i approved by Lender. If substantially equivalent
mortgage insurance coverage is not available, Borrower shall pay to Lender each month asum equal to one=
twelfth of the yearly mortgage insurance premitim being paid by Borrower when the insurance coverage lapsed or
feased to be in effect. Lender will accept, use and retnin these payments ax a loss reserve. in lel of movignge
insurance, | Loss reserve payments may no longor be required,

Coveruge (in the amount and: for the period that Lender requires) provided by sin insurer approved by Lender
aguin becomes available and is oblained. Borrower shall. pay the  préinivms required to maimain mortgage
insurance in effect, or to provide a lass reserve, until the requirement for mortgage insurance ends in necordanse
with any written agreement between Borrower and Lender or applicable Inwe oS

  

"2. 9. > Inspeetion. Lender or its agent ma:
Lender siull give "Borrower notice at the time ot

make rensonable'entries upon and inspections of the Property.
he
inspection. .

or prior to an inspection specifying reasonable cause for t

20. | Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
congection, with any condemnation oF other taking of ‘any part of the Property, or for cbaveyanev in lieu of
condemnation, are hereby assizned and shall be paid’ to Lender" ° .

«if the event of a total taking of the Property, the proceeds shull be applic to the sums secured by this
Security Instrument, whether of not then due, with any excess paid to Borrower’ tn the event of a ariel woking
of the Property in which the fair market value of the Properly immediately before the taking 4s equal to oF
greater than the amount of the sums secured by this Sceurity Tustrument immediately. before the taking Unless

lorrower and, Lender otherwise ugree.in writing, the sums secured by this Security: Instrument shail be reduced
by the umount of the proceeds multiplied by the following fraction: (u) the tolal amount of the sums secured
immediately ‘before the taking, divided by (b) the fair market value of the Property immediately before the
taking, Any bulanee shall be puid to Bdrrower, In the event-of  parliattnking of the Property in witch the (ate
market value of the Property immediately before the taking is less than th ount of the’sums secured
immediately before the taking, unless Borrower and Lender otherwise ageee in writing or unkss applicable Jaw
otherwise provides, the proceeds shall be applied to the sums secured by this Securily Instrument whether or not
the sums are then du . : ° :

If the Property. is ubundoned by Borrower, or.if, ufter notice by Lender to Borrower that the condemnor
offers to moke an, award or settle a claim for damages, Borrower fails to respond to.Lender within 30 days ufter
“the. date the notice is, given, «Lender is authorized to collect und apply ihe proceeds, ai its option, either to
restoration or repuir of the Property or to the sums secured by this Security Instrument, whether Gr nol then due,

Unless Lender and Borrower otherwise agree in writing, any application of proceeds to _pripetonlshall not
extend or postpone the due date of the monthly payments referred to in ‘paragraphs I and” 2. or cbunge the

  

       

 

 

 

 

   

amount of such payments,

  
  

ab Not a Wulver, Extension of the time for payment
or madification of amortization of the sums secured by this Security Instrument granted by Leader to any
successor in interest of Borrower shall not operate to release the liability of the o1 ‘iginal Borrower or Borrower's
successors in interest. Lender shall not be required to commence Proceedings against any successor in interest oF
refuse to extend for payment or otherwise modily amortization of the sums secured by this Segurity
Instrument by reason of any. demand made by the original Borrower or Borrower's successors In interest, ARY
forbearance by Lender in exercising any right or remedy Shall not be a Waiver of or preclude the exercise of any
right or remedy.” . . .

Borrower Not Releused; Forbeurance By Lender

 

 

a

12, Successors and Assigns Bousd; Joint und Several Liublitty; Co-signers, ‘The covenants und
ugreements of this Security Instrument shal} bind ond benefit the successors and assigns of Lender und Borrower,
subject to the provisions of paragraph 17, Borrower's cavenants'und agreements shall be joint and several Any
Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this, Security
Instrument only to mortgage, grant and eonyey thal Borrower's interest in the Property. under te etme of the
Security Instrument; (b). if not personally ohligited. "to pay the sums seeured by this Security instrument; and. (e)
agrees that Lender ind any other Borrower miy gree to extend, modify, forbear or make any uecommodations
with regard to the terms of this Security Instrument or the Note without thit Borrower's conseni,

   

 

 

“43. Loan Charges. If the loun decured by this Security instrument is subject w a law which sets

maximum loun eharges, and that law is finally interpreted so that the interest or other loan charges collected of to
be collected in connection with the loan exceed the permitted limits, then: (u) any such lonn charge shall Be
“reduced by the umount necessury to reduce the churge to the permitted limit; ahd’ (by any sums ulrendy collected
from Borrower which exceeded permitied limits will be refunded to Borrower, Lender may choose to make this
refund by reduéing the principal owed under the Note or by making a direct ‘payment to Borrower... If a refund

feduees principal, the reduction will be treated as w partial prepayment without any prepayment charge under the
ote.

  

   

 

PLORIDA-Single Pamily-Fannic Mae/Freidic Moc UNIFORM INSTRUMENT Vora 3010 9/90 (page 4 of 6)

 

, wt the option of Lender, if mortgage insurance -se 992"2047

_ I. Notices, Any Notice to Borrower provide
Aelivering” it or by mailing it by first class mail unless appl ‘
shall be directed to the Property Address or any other address Borrower designates by notice to Lender, Any
notice to Lender shall he given by first class mail to Lender's addréss stated “hersin or any other address Lender

ignates by notice to Borrower Any notice provided for in this Security Instrument shall eel hi
been given to Borrower or Lender when given as provided in this paragraph, uacument. Shall be deemed to have

ed for in this Security tnstrument, shall be'given by”
cable aw requires use of another method, “The n

1S. Governing Laws. Severubllity. This, Security Instrument shall be governed by’ fed
taw of the jurisdiction in which the Property is located, In the event thut any provision-or clause of this Security
Instrument ‘or the Note conflicts with applicable Inw, such conflict, shall’ not utfect other provisions of this

“Security Instrument of the Note which cnn be given ‘effect without the conflicting provision. To this end the
Provisions of this Svcurity Insirimeat and the Note are declared to be severable.

16, Borrower's Copy. Borrower shall_be given one conformed copy of the Note and of this Seeurity
Instrument, . .

17, ‘Trarisfer of the Property aru Benefleint tnterest in Borrower. If all or any _pnrt,of the Property
or any. interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or’ transferred: und
Borrower is not a natural person) without Lender's prior wrillen consent, Lender may, at its option, require
immediate payment in full of all sums secured by this Securily Instrument, However, this option shall not be
exercised by Lender if exercise is prohibited by federal"luw as of the dite of this Security Instrument,

_, Hf Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shull
provide a period of not less than 30 days from the date ‘the dotice is delivered or mailed within: which Borrower

. sums secured by this Security Instrument. If Borrower fuils to pay these sums prior to. the expiration

id, Lender may jnvoke, any “remedies permitied by this Security Instrument without further notice or
demand on. Borrower. . . . , .

. 18, Borrower's Right to Reinstate, Uf Borrower meets certain conditions, Borrower shall have the
right to have enforcement of this Security Instrument discontinued at any time priof to the earlier of: (a) 5 days
(or such other period as applicable law may specify for reinstatement). before sale of the Property pursuaat to aay
Power of sule contuined in this Security Instrument: or (b) entry of a judgment enforcing this Security

Bstrument. Those conditions are that Borrower: (0) pays Lender all sums ‘which Then woutld he due under this
Security Instrument and the Note us if no acceleration had occurred; (b) cures any default of any other covenants
Or agreements; (c) pays all expenses incurred in enfor yp his Security Instrument, Including, but not limited to,
reasonable attorneys" fees; and (d) takes such action as Lender muy reasonably require to assure. that the Hien of

+ this Security Instrument,” Lender's  rights-in the Property and Borrower's obligation to pyy the sums secured by
this Security Instrument shall continue unchanged, Upon reinstatement by Borrower, “this Seeurity Instrument
and the obligations secured hereby shull remain Tully effeetive as if no acceleration hud occurred, However, this
right to reinstate shall not apply in the cuse of accelefation under paragriph 17,

29, Sule of Note; Change of Lonn Servicer. The Note of a purtial interest in the Note (togother with
this Security Instrument) imay be sold one or more times without prior aoties o Borrower, “A sale may result ip. a
chnnge: in the entily (known as the “Loan Servicer") that collects monthly. payments due under the Note and this
Security Insteument, ‘There also may be one of more chonges 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 chunge In
ueccordance with parugraph 14 above and applicable law, The notice will” state tho name und address of the new
Loan Servicer und’ the address to which payments should he made, The notice will wlso contain any other-
information required by applicable law. .

20, Hamnrdous Substunces, Borrower shall nol cause ot permit the presence, use, disposal, storage,
gr release of any, Havardous, Subsianees on or. in the Properly, Borrower shall not do, nor illow anyone else 16
do, ‘unything affecting the Property that is in violation of any Environmental Law, ‘The preceding two sentences.
shall not_apply to the presence, use, or stornge on the Property of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and fo majntenunce of the Property. .
SSS" Borrower shail promptly give Lender written notice vf uny investigation, claim, demund, lawsuit or other
action by any governmental or regulatory i a y invol ng the Property and any Hazardous
Substance or Havironmental Law of which has actual Bnowledge. If Borrower learns, or 46 notified by
any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance
aflecting the Properly ie necessary, Borrower shall’promptly. take ill necessary remeditl actions in utcordance
with the Environmental Law. " : ve
: qn thi faphi 20, "Hazardous Substances’ ure those substances defined us toxic or hazardous
: : follwing. substance: gasoline, event, other flemmatle or tore
cpelroleum products, oxic. pesticides und herbicides, volatile. Solvents, materials containing nsbesias, oF
‘ormaldehyde, und radioactive materials, As used in this paragraph 20, "Environmental Law" means federal iaws
and laws of the jurisdiction where the Property is tocated that relate to health, safety or environmental protection,

FLORIDA Single Mamily-Vonnie Mue/Freudie Mac UNIFORM INSTRUMENT Form 3010 1190 page Sof 6) roving © :oem
; : weoun
. HEAE9I2 2048 mame ent
Cours

NON-UNIFORM COVENANTS, Borrower. und Lender Further covenant and agree as follows: .
Acceleration: Remedies. Lender shull glye notice to Borrower prior to ucceleratlon following

. 21,
Borrower's breach’ of any covenont or agreenient inthis Security Instrument’ (but not: prior to acceleration under

parugraph 17, unless uppllcable law provides otherwise), The nattce shall spectfy: (a) the default; (b) the ction
requlred fo cure the defuult; (c) a dute, not tess than 30 days from the dute the notice Is given to Borrower, by
which the default must be cured; and (2) thut failure to cure the default on or before the dute specified in the
notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by Judiclul
Proceeding und sate of the Property. The notlee shall further, Inform Borrower of the right to reinstate after
acceleration and the right to asseri- in the foreclosure proceeding the non-existence of o default or any ofher
defense of Borrower to necelerntion und forectosure, If the defuult Is not eured. on or before the dute specified
in the notice, Lender at its option may require immediate payment in full of all sums secured by this §
notrument without further demand and may foreclose this Security Instrument by Judiclal proceeding.

shall be entitled to collect all expenses Incurred In pursuing the remedies provided in this parngraph 21,
Including, but not limited to, reasonnble attorneys’ fees und cost.of title evidence,

(22, Relense. Upon payment of alt sums secured by this Security Instrument, “Lender shall release
this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs, t

23. Attorneys’ Fees, As used in this Security Instrument and the Note, ‘attorneys’ fues" shall include
any attorneys’ fees uwarded by an appellate court,

: . lers to thix Seeurlty Instrument. If one or more riders ure executed by Borrower and recorded
together with this Security Instrument, the covenants and agreements of each such rider 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)|

1] Adjustable Rate Rider | | Condominium Rider {J 1-4 Family .
{ }-Groduated Payment Rider { —] Planned Unit Development Rider [ |} Biweekly Payment Rider
[ ] Balloon Rider { .] Rute Improvemem Rider {| Second Home Rider

{ } Other(s) {Specify}

"BY SIGNING BELOW, Borrower accepts-and agreds ta the terms ind covenants contained in this Security
hana yt in any rider(s) exeouted by. Borrower and recorded with jt.
a

Slamad, se i ef lee ihe presence of: Ate’ ;
CLEC Se fh:

i (Seal)

= " FIA GEV. 7 r Be "
wetness Zh 210 fot 14 Wo WN Hei Maat nr nerromer

f tele . May
ae Oe . Ele

ye we .
lest  Vyarctitnn (seat)

swrrness JOO CPt. . IRA CEPEDA Borrower

* STATE OF FLORIDA

COUNTY OF DADE

i inst it
The forego, TEV TEENIGA. in ameried aan joined, PEDA, Wis wife
who js. personally: Kiowa 10 me or ayho has produced his Dye eet 4

ts videnfification’ und who “did®. tke "an Poath.
ff 2550 430.46-259.0
£ 25 G4-403- 59. 599.0

9 Was, ueknowledged rele me this LOTH. DAY OF, NOVEMBER, 1995 byPOST OFFICE BOX 25018
TAMPA, FL 33622-5018

Please reply to:
Post Office Box 25018
Tampa, FL 33622-5018

JORGE V, ZUNIGA.
13840 SW 284TH STREET
MIAMI, FL 33033

JORGE V. ZUNIGA
13840 SW