Preview
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
CIVILACTION
WACHOVIA MORTGAGE CORPORATION,
Plamtiff,
CASE NO.
vs. DIVISION
DHARAM A. DEOCHAND A/K/A DHARAM DEOCHAND; SEROJINIE DEOCHAND; 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, HEERS, 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).
/
MORTGAGE FORECLOSURE COMPLAINT
PlaintifF,WACHOVLA MORTGAGE CORPORATION, sues Defendants, DHARAM A. DEOCHAND
A/K/A DHARAM DEOCHAND, SEROJINIE DEOCHAND; 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 ALFVE, WHETFEER SAID UNKNOWN
PARTIES MAY CLAIM AN FNTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER
^
CLAIMANTS; TEN/KNT #1, TENANT #2, TENANT #3 and TENANT #4 the names being fictitious lo account
for parties in possession, and alleges:
COUNT I - MORTGAGE FORECLOSURE
1. This is an in rem action to foreclose a mortgage on real property located and situated in ORANGE
County, Florida.
2. This firm has compUed with the notice requirement oflhe Fair Debt Collection Practices Act, 15
U.S.C. § 1692, et seq, as amended. The Notice(s) previously mailed by the firm is attached hereto and incorporated
herein as an Exhibit.
FILE NUMBER: F08039647 DOC ID: M000100
3. On November 21, 2007, there was executed and delivered a Promissory Note ("Mortgage Note") and
a Purchase Money Mortgage ("Mortgage") securing the payment of the Mortgage Note. The Mortgage was recorded
on November 29, 2007, in OfficialRecords Book 9517 at Page 3679, ofthe Public Records ofORANGE County,
Florida, (All subsequent recording references are to the public records ofORANGE County, Florida) and mortgaged the
real and personal property ("Property") described therein, then owned by and in possession ofthe Mortgagor(s). Copies
ofthe original Mortgage Note and Mortgage are attached hereto and incoqjorated herein as an Exhibit.
4. Plaintiffisnow the holder ofthe Mortgage Nole and Mortgage.
5. The Property is now owned of record by Defendant(s), DHARAM A. DEOCIFAND A/K/A
DFL^RAM DEOCJFAND, and SEROJINIE DEOCFL^ND.
6. The Mortgage Note and Mortgage are in default. The required installment payment of March 1,
2008, was not paid, and no subsequent payments have been made. The Mortgage is contractually due for the March
1, 2008, payment. The lasl payment received was applied to the February 1, 2008, installment, and no subsequent
paymenls have been applied to the loan.
7. Plaintiff declares the fiill amouni payable under the Mortgage Note and Mortgage to be now due.
8. PlaintifFmust be paid $239,474.08 in principal on the Mortgage Note and Mortgage, together with
interestfi^omFebruary 1, 2008, late charges, and all costs of colleclion including title search expenses for
ascertaining necessary parties to this action and reasonable attomey's fees.
9. All conditions precedent to the acceleration ofthe Mortgage Note and foreclosure ofthe Mortgage
have been performed or have occurred.
10. Plaintiffhasretained the law firm ofFlorida Default Law Group, P.L., in this action and is obligated
lo pay it a reasonable fee for its services in bringing this action as well as all costs of collection.
11. The interests ofeach Defendant are subject, subordinate, and inferior to the right, title, interest, and
lien of Plaintiffs Mortgage with the exception of any special assessments that are superior pursuant to Florida
Statutes § 159 (2006) and Florida Statiites § 170.09 (2006).
12. TENANT #1, TEN/WT #2, TENANT #3 and TENANT #4, die names being fictitious to account
for parties in possession may claim some interest in the Property that is the subject ofthis foreclosure action by virtue of
an unrecorded lease or purchase option, by virtue of possession, or may otherwise claim an interest in the Property.
The
names of these Defendants are unknown to the Plaintiff.
WHEREFORE, Plaintiffrequests that the Court ascertain the amount due Plaintiff for principal and interest on
the Mortgage Note and Mortgage and for late charges, abstracting, taxes, expenses and costs, including attomey's fees,
plus interest thereon; that ifthe
sums due Plaintiff under the Mortgage Note and Mortgage are not paid immediately, the
Court foreclose the Mortgage and the Clerk ofthe Court sell the Property securing the indebtedness to satisfy
Plaintiffs
mortgage lien in accordance with the provisions ofFlorida Statutes §45.031 (2006); that the rights, title and interest of
any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereaftermade a
Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues,
income and profitsthereof,or in the altemative, order sequestration of rents, issues,
income and profits pursuant to
Florida Statutes §697.07 (2006); and that the Court retain jurisdiction ofthis
action to make any and all fiirther orders
and judgments as may be necessary and proper, including the issuance of a writ of possession and the entryof a,
deficiency decree, when and if such deficiencydecree shall appear proper, if borrower(s) has not been discharged in
bankruptcy.
COUNT II - RE-ESTABLISHMENT OF NOTE
13. This isan action to re-establish a lost Mortgage Note pursuant to Florida Statutes §673.3091
(2006).
14. Plaintiff incorporates by reference the allegations previous pled as fully set forth herein.
15. The Piaintiff and the Defendants named herein are the only persons known to Plaintiff to have an
interest for or against the re-establishment ofthe
Mortgage Note.
16. Plaintiff was in possession ofthe Mortgage Note and entitled to enforce it when loss of possession
occurred or Plaintiffhas been assigned the right to enforce the Mortgage Note. (See the attached true copy of the
Note.)
17. The terms ofthe Note are as follows:
a. Original loan amount: $240,000.00
b. Amount ofmonthly principal and interest payment: $1,576.63
c. Interest rate: 6.875%
d. Loan beginning date: November 21,2007
18. At some time between November 21,2007, and the present, the Mortgage Note has either been lost
or destroyed and the Plaintiffis unable to state the manner in which this occurred. After due and diligent search,
Plaintiffhas been unable to obtain possession ofthe Mortgage Note.
19. The Mortgage Note has not been seized or transferred by Plaintiff.
WHEREFORE, Plaintiffrequests that the Court re-establishthe Mortgage Note which this Mortgage
secures.
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
(813) 251-4766
By:. C^ ^.r
Colleen E. Lehmann
Florida Bar No. 33496«>^*
Lindsey Diehl
Florida Bar No. 27688
Anne M. Cruz-Alvarez
Florida Bar No. 17140
WACHOVlAFlD-SPECFHLMC-R-ejayska
FLORIDA DEFAULT LAW GROUP, P.L.
ATTORNEYS AT LAW
9119 CORPORATE LAKE DRIVE
3*^ FLOOR
T/VMPA, FLORIDA 33634
Please reply to: Telephone (813) 251-4766
Post Office Box 25018 Telefax (813) 251-1541
Tampa, FL 33622-5018
May 15, 2008
DHARAM DEOCFIAND
1405 NORTH HIAWASSEE ROAD
ORLANDO.FL 32818
Re:
Loan Number; 0006760998
Mortgage Servicer WACHOVIA MORTGAGE CORPORATION
Creditor to whom WACHOVLA MORTGAGE COFUPORATION
the debt is owed:
Property Address: 1405 NORTH HFAWASSEE ROAD, ORLANDO, FL 32818
OurFileNo.: F08039647
Dear Borrower:
The law firm ofFlorida Default Law Group, P.L. (hereinafter referred to as "law firm") has been retained to
represent WACHOVIA MORTGAGE CORPORATION with regards to its interests in the promissory Note and
Mortgage executed by DHARAM DEOCHAND on November 21, 2007. Pursuant to the terms ofthe promissory
Note and Mortgage, our client has accelerated all sums due and owmg, which means that the entire principal balance
and all other sums recoverable under the terms ofthe promissory Note and Mortgage are now due.
As ofthe date ofthis letter, the amount owed to our client is $238,049.24, which includes the unpaid
principal balance, accrued interest through today, late charges, and olher default-related
costs recoverable under the
terms oflhe promissory Note and Mortgage. Additional interest will accrue after the date ofthis
letter.
This correspondence is being sent to comply with the Fair Debt Collection Practices Act and should not be
considered a payoff letter. Our client may make advances and incur fees and expenses after the date oflhis letter
which are recoverable under the terms ofthe promissory Note and Mortgage. Therefore, ifyou wish to receive
figures to reinstate (bring your loan current) or pay off your loan through a specific date, please contact this law firm
at (813) 251-4766 or client.services@defaultlawfl.com.
Unless you notify this law firm within thirty (30) days after your receipt ofthis
letter that the validity of
this debt, or any portion thereof, is disputed, this law fum will assume that the debt is valid.
Ifyou do notify this
law firm in writing within thirty (30) days after receipt oflhis
letter that the debt, or any portion thereof, is disputed,
this law firm will obtain verification ofthedebt or a copy of the judgment against you, ifany, and mail it to you.
FILE NUMBER: F08039647 DOC ID: M005104
Also, upon your written request within thirty (30) days after your receipt ofthisletter, this law firm will provide you
with the name and address ofthe original creditor, if different
Irom the current creditor.Florida Default Law Group,
P.L. is a debt collector.This law firm is attempting to collect a debt, and any information obtained will be used for
that purpose.
All written requests should be addressed to Colleen E. Lehmann, Florida Default Law Group, P.L., P.O.
Box 25018, Tampa, Florida 33622-5018.
This law firm is in the process of filing a Complaint on the promissory Note and Mortgageto foreclose on
real estate.The advice in this letter pertains to your dealings with this law fum as a debt collector.
It does not affect
your dealings with the Court, and in particular, it does not change the time at which you must answer the Complaint.
The Summons is a command Irom the Court, not from this law firm, and you must follow its instmctions even ifyou
dispute the validity or amount ofthe debt. The advice in this letter also does not affect this law firm's relations with
the Court. This law firm may file papers in the suit according to the Court's rules and the judge's instructions.
Finally, ifyou previously received a discharge in a bankmptcy involving this loan and did not sign a
reaffirmation agreement, then this letter is not an attempt to collect a debt from you personally.
This law firm is
seeking solely to foreclose the creditor's lien on real estate and this law firm will not be seeking a personal money
judgment against you.
Ifyou have questions regarding this matter, please do not hesitate to contact this law firm.
Florida Defauh Law Group, P.L.
Attomeys for WACHOVIA MORTGAGE CORPORATION
COLLEEN E. LEHMANN
NOTICE
Florida Default Law Group, P.L. is a debt collector. This Firm is attemptiag to collect a
debt, and information obtained may be used for the purpose.
INSTR 2087077281£
Retum To: OR BK 09517 PS 3679 P6S=ia
Wachovia Mortgac operation MARTHft 0. HflYNIE, COMPTROLLER
ORANGE COUNTY, FL
1100 Cppp5rate Center Drive, 11/29/2087 89:17:26 AM
Rai€lgh. NC 27607 MTG DOC TAX 848.00
INTANG TAX 480.08
REC FEE 154.50
This docuinent was prepared by:
Wachovia Mortgage Corporation
1100 Corporate Center
DriveRaleigh. NC 27607
"(Space Above Tliis Line For Recording Data] -
MORTGAGE MIN 100013700067609980
DEFINITIONS
Words used in multiple sections of this document are defined below and odier words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in diis documenl are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated November 21. 2007
together with all Riders to this document.
(B) "Borrower" is Dharam DeOChand, A Married Man , joined by his spouse,
Serojinie Deochand.
Borrower is the mortgagor under this Security Instrument.
(Q "MERS" is Mortgage Elecironic RegistrationSystems, Inc. MERS is a separate corporation that is
acting solely as a nominee 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, FUnt, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is Wachovia Mortgage Corporation
241443 000006760998 Deochand
FLORIDA-Single Family-Fannie Mae/Freddie
l/lae/Freddie Mac UNIFORM INSTRUMENT
INSTRI WITH MERS Form 3 0 1 01/01
^^-6A(FL) (00051.02
Page 1 of 16 InniJa:.
V M P Mortgage Sorutions, (nc
Book9517/Page3679 CFN#20070772816 Page 1 of 18
Lenderisa Corporation
organized and existing under the laws of North Carol i na
Lender's address is 1100 Corporate Center Drive, Raleigh. NC 27607
(E) "Note" ineans the promissory nole signed by Borrower and dated November 21. 2007
The Note states that Borrower owes LenderTwO Hundred Forty Thousand
Dollars
(U.S. $240,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payinents and to pay the debt in fiill iwt later thanDecember 1, 2037
(F) "Property" means die property that is described below under die 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, phis interest.
(H) "Riders" means all Riders to diis Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
LJ Adjustable Rate Rider L I Condomimum Rider LJ Second Home Rider
l_J BaUoon Rider I 1 Planned Unit Development Rider L J 1-4 Fainily Rider
CH VA Rider CD Biweekly Payment Rider LJ Other(s) [specify]
(I) "Applicable Law" ineans all controlling appUcable federal,state and localstatutes, regulations,
ordinances and administrative rules and orders (tfaat have tfae effect of law) as weU as aU applicable final,
non-appealable judicial opinions.
(J) "Connnunhy Association Dues, Fees, and Assessments" means all dues, fees, assessimnts 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 transferof tiinds,odier than a transaction originatedby
check, draft,or similar paper instiument, which isinitiatedthrough an electronictenninal, telephonic
insmiment, computer, or magnetic tape so as to order, instruct, or authorize a financial institntion to debit
or credit an account. Such term includes, but is not Umited to, point-of-sale
transfers,automated teller
machine transactions,transfers initiatedby telephone, wire transfers,and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscdianeous Proceeds" means any compensation, setdement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of,the Property; (ii)condemnation or other taldng of all or any part of the
Property; (iii) conveyance in Ueu of condemnation; or (iv) misrepresentatioiis of,
or omissions as to, the
value and/or condition of.the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment" means die regularly scheduled amount due for (i) piincipai and interest under die
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
241443 009806760998 Deochand
^P-6A(FLI (0O05I.02 Page 2 of 16 ^ ~ ^ ^ Fomi3010 1/01
Book9517/Page3680 CFN#20070772816 Page 2 of 18
(P) "RESPA" means the Real Estate Setdemem Procedures Act (12 U.S.C. Section 2601 et seq.) and its
inqilementing regulation.Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation tfaat governs the same subject matter. As used
in this Security Instrument,
"RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federaUy related mortgage loan" even if the Loan does not qualify as a "federaUy related mortgage
loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken titie to die Property, whether or
not that party has assumed Borrower's obUgations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i)flierepaymentof tfie Loan, and aU renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenanis and agreements under this
Security Instrument and the Note. For this purpose. Borrower does hereby mongage, grant and convey to
MERS (solelyas nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS, the foUowing described property located in the County [Type of Recording Jurisdiction]
of Orange [Name of Recording Jurisdiction):
The North 1/2 ofthe Soutfi 1/2 ofthe Northwest 1/4 ofthe Noilhwest 1/4 ofthe
Southwest 1/4, Section 24, Township 22 South, Range 28 East, Orange County,
Florida (Less the West 50 feet thereof for road right of way).
Parcel ID Number: which currentiy has the address of
1405 N Hiawassee Road (streaj
Orlando [Cityi, Horida 32818- (Z5)Codc]
("Property Address"):
TOGETHER WITH aU tfieinqirovements now or hereafter erected on tfieproperty, and aU
easements, appurtenances, and fixtures now or hereafter a part of flie property.All replacements and
additions shallalso be covered by tfiis SecurityInstrument. All of the foregoing is referredfo in tfiis
Security Instrument as the "Property." Bonower understands and agrees fliat MERS holds only legal tide
to the interests granted by Borrower in diis Security Instrument, but, if necessary to coinply wifli law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has tfie right: to exercise any
or aU of fliose interests, inchiding,
but not liniited
to, the right to foreclose and sell tfie Property; and to
take any actionrequired of Lender including, but not liimt«i to, releasingand canceling thisSecurity
Instrument. ^
241443 0ait|Q6760998 Deochand
^^-6A(FLI (00051 02 Page 3 of 16 \^ ^^^^--- Form 3 0 1 01/01
Book9517/Page3681 CFN#20070772816 Page 3 of 18
BORROWER COVENANTS that Borrower is lawfiilly seised of die 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 wiU defend generally the tide to the Property against aU
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 Prindpal, Interest,Escrow Items, Prepayment Charges, and Late Charges.
Borrower shaU pay when due the principal of, and interest on,the debt evideiKcd by flie Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay fiinds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shaU be made in U.S.
currency. However, ifany check or other instrument received by Lender as payment under the Note or this
Security Instrumem is retumed to Lender uiqiaid. Lender may require that any or all subsequent payments
due under dieNote and tfiis SecurityInstrument be made in one or more of the following forms, as
selected by Lender: (a)cash; (b) money order; (c) certifiedcheck, bank check, treasurer'scheck or
cashier's check, piovided any such check is drawn upon an institution whose deposits arc 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 odier location as may be designated by Lender in accordance vntfi fhe notice provisions in Section 15.
Lender may remrn any payment or partial payment if tfie paymem or partial payments are insufficient to
bring the Loan currem. Lender may accept any paymem or partial payment insufficient to bring the Loan
current, without waiver of any rigbts hereunder or prejudice to its rights to refiise such paymem or partial
payments in tfie future, but Lender is not obligated to apply such payments at tfie time such payments are
accepted. If each Periodic Payment isappUed as of its scheduled due date, then Lender need not pay
interest on unappUed fiinds. Lender may hold such unapplied funds until Borrower makes paymem to bring
the Loan currem. If Borrower does not do so within a reasonable period of time. Lender shall either apply
such funds or remm tfiem to Borrower. If not appUed earlier, such fimds wdl be appUed to the outstanding
principal balance under flie Note immediately prior toforeclosure. No offsetor claim which Borrower
might have now or in die fiiture against Lender shall reUeve Borrower from malring 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 thisSection 2, aU
payments accepted and appUed by Lender shafl be appUed 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 appUed to each Periodic Payment in tfae order in which it became due. Any remaining amounts
shall be appUed first to late charges, second to any odier amounts due under this Security Instrument, and
tften to reduce the principal balance of tfie Note.
If Lender receives apaymem from Borrower for a delinquent Periodic Payment which includes a
sufficiem amoum to pay any late charge due, the payment may be applied to the delinquent payment and
tfie late charge. If more tfian one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of tfiePeriodic Payments if, and to the extent tfiat,
each payment
241443 0QP5U6760998 Deochand
^^-6A(FLJ (0005)02 Page4of(6 |>^ y/y Form 3 0 1 0 1/01
Book9517/Page3682 CFN#20070772816 Page 4 of 18
can be paid in full.To flie extent fliat any excess exists after flie payment is applied tofliefiiUpaymeni of
one or more Periodic Payinents, such excess may be appUed to any late charges due. Voluntary
prepayments shall be applied first to any prepaymem charges and then as described inflieNote.
Any appUcation of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or posqwne tfae due date, or cfaange the amount, oftfiePeriodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on flie day Periodic Payinents are due
under flie Note, until the Note is paid in fiill, a sum (tfie
"Funds") to provide for paymem of amounts due
for: (a) taxes and assessments and other items wfaich can attain priority over diiis Security Instrument as a
lien or encumbrance on tfie Property; (b) leasehold payments or ground rents onflieProperty, if any; (c)
premiums for any and aU insurance required by Lemler under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in Ueu of the paymem of Mortgage
Insurance premiums in accordaiKe with the provisions of Section 10. These items are called "Escrow
Itenis." At origination or at anytime 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 sfaaU be an Escrow Item. Borrower shaU prompdy fumish to Lender aU notices of amounts to
be paid under this Section. Borrower shall pay Lender tfie Funds for Escrow Items unless Lender waives
Borrower's obUgation to pay flie Funds for any or aU 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
in writing. In the event of such waiver. Borrower shaU pay direcdy, when and where payable, tfie amounts
due for any Escrow Itenis for which payment of Fundsfaasbeen waived by Lender and, if Lender requires,
shaU furnish to Lender receipts evideni;ing such paymem witfiin snch 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 agreemenl contained in this Security Instrument, as the phrase "covenant and agreemem"
is used in Section 9. If Borrower is obUgated to pay Escrow Items direcdy, pursuant to a waiver, and
Borrower fails to pay the amoum due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such aniount and Borrower sball then be obUgated under Section 9 to repay to Lender any such
amount. Lendeir may revoke tfie waiver as to any or all Escrow Items at any time by a notice given in
accordance witfi Section 15 and, upon such revocation. Borrower shall pay to Lender aU Funds, and in
such amounts, tfaat are then required under this Section 3.
Lender may, at any time, coUect and hold Funds in an amount (a) sufficientto permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimatethe aniount of Funds due on the basis of current data and
reasonable estimates of expenditures of fiiture
Escrow Items or oflierwise in accordance witii Applicable
Law.
The Funds shaU be held in an institution whose deposits are insured by a federal agency,
instrumentaUty, or entity (including Leader, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply tfae Funds to pay the Escrow Items no later tfaantfietime
specified under RESPA. Lender shaU not charge Borrower for holding and applying the Funds, annually
analyzing tfie escrow account, or verifying flie Escrow Items, unless Lender pays Borrower interest on flie
Funds and AppUcable Law permits Lender to make such a charge. Unless an agreemem is made in writing
or Applicable Law requires imerest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
241443 (\^[»6760998 Deochand
»iSli^-6A(FL) (0005) 02 Page 5 of 16 j ^ ^ ^ Fomi3010 1/01
Book9517/Page3683 CFN#20070772816 Page 5 of 18
shafl be paid on flie Funds. Lender shall give lo Borrower, wiflioutcharge, an amiual accounting of flie
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shaflaccount to
Borrower for the excess fiinds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shafl notify Borrower as required by RESPA, and Borrower shaU pay to
Lendertibieamount necessary to make up tfie 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 sfaafl
notify Borrower as required by RESPA, and Borrower shafl pay to Lender the amount necessary to make
up the deficiencyin accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in fidl of all sums secured by this Security Instrument, Lender sfaall promptiyrefiind
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay alltaxes, assessments, charges, fines,and impositions
attributable to the Property which can attain priority over this Security Instnnnem, leasehold payments or
ground rents on tfae Property, ifany, and Community Association Dues, Fees, and Assessments, ifany. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Bonower shafl prompUy discharge any Uen which has priority over (his Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a mamier acceptable
to Lender, but only so long as Bonower is perfonning such agreement; (b) contests the Uen in good faith
by, or defends against enforcement of tfae lien in, legal proceedings which in Lender's opinion operate to
prevem the enforcemem of the Uen while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory
to Lender subordinating
the lien to tfiis Security Instrument. If Lender determines tfiat any part of the Property is subject to a lien
which can attain priority over this Security Instrumem, Lender may give Bonower a notice identifyingthe
lien. Widiin 10 days of flie date on which ttiat notice is given, Bonower shafl satisfy
the Uen or take one or
more of the actions set forfli above in this Section 4.
Lender may require Borrower to pay a one-time charge for a realestate tax verificationand/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Bonower shall keep the improvements now existing or hereafter erected on
the Propeity insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including,but not limited to, eardiquakes and floods, for which Lender requires insuiance.
This insurance shafl be maintained in the amounts (including deductiblelevels) 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 canier providing the insurance shafl be cfaosen by Borrower subjectto Lender's
right to disapprove Bonower's choice, which right shafl not be exercised unreasonably. Lender may
require Bonower to pay, in connection with thisLoan, eitfier:
(a) a one-time charge for flood zone
determination, certification
and tracking services; or (b) a one-time charge forflood zone detennination
and certificationservices and subsequeni charges each time remappings or simflar changes occur which
reasonably might affectsuch determination or certification.
Bonower shaflalso be responsible for the
paymem of any fees iniposed by the Federal Emergency Managemem Agency in connection with the
review of any fiood zone determination resulting from an objection by Borrower.
241443 0(}edi-o
(Address) (Address)
241443 000006760998 Deochand
^^^b -6A(FL) (00051.02 Page I S o f 16 Form 3 0 1 01/01
Book9517/Page3693 CFN#20070772816 Page 15 of 18
STATE OF FLORIDA, l^/^K^*^^ - County ss:
The foregoing instrumem was acknowledged before me this •( Z-^,! ( o ^ by
p/i^/w^ ^e^^t^cii^
who is personally known to me or wfaofaasproduced a{ (^ ^ . ^ / ^ ' S K
jy^r (f^/^Oc, as identification.
Preview
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVILACTION WACHOVIA MORTGAGE CORPORATION, Plamtiff, CASE NO. vs. DIVISION DHARAM A. DEOCHAND A/K/A DHARAM DEOCHAND; SEROJINIE DEOCHAND; 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, HEERS, 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). / MORTGAGE FORECLOSURE COMPLAINT PlaintifF,WACHOVLA MORTGAGE CORPORATION, sues Defendants, DHARAM A. DEOCHAND A/K/A DHARAM DEOCHAND, SEROJINIE DEOCHAND; 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 ALFVE, WHETFEER SAID UNKNOWN PARTIES MAY CLAIM AN FNTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER ^ CLAIMANTS; TEN/KNT #1, TENANT #2, TENANT #3 and TENANT #4 the names being fictitious lo account for parties in possession, and alleges: COUNT I - MORTGAGE FORECLOSURE 1. This is an in rem action to foreclose a mortgage on real property located and situated in ORANGE County, Florida. 2. This firm has compUed with the notice requirement oflhe Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq, as amended. The Notice(s) previously mailed by the firm is attached hereto and incorporated herein as an Exhibit. FILE NUMBER: F08039647 DOC ID: M000100 3. On November 21, 2007, there was executed and delivered a Promissory Note ("Mortgage Note") and a Purchase Money Mortgage ("Mortgage") securing the payment of the Mortgage Note. The Mortgage was recorded on November 29, 2007, in OfficialRecords Book 9517 at Page 3679, ofthe Public Records ofORANGE County, Florida, (All subsequent recording references are to the public records ofORANGE County, Florida) and mortgaged the real and personal property ("Property") described therein, then owned by and in possession ofthe Mortgagor(s). Copies ofthe original Mortgage Note and Mortgage are attached hereto and incoqjorated herein as an Exhibit. 4. Plaintiffisnow the holder ofthe Mortgage Nole and Mortgage. 5. The Property is now owned of record by Defendant(s), DHARAM A. DEOCIFAND A/K/A DFL^RAM DEOCJFAND, and SEROJINIE DEOCFL^ND. 6. The Mortgage Note and Mortgage are in default. The required installment payment of March 1, 2008, was not paid, and no subsequent payments have been made. The Mortgage is contractually due for the March 1, 2008, payment. The lasl payment received was applied to the February 1, 2008, installment, and no subsequent paymenls have been applied to the loan. 7. Plaintiff declares the fiill amouni payable under the Mortgage Note and Mortgage to be now due. 8. PlaintifFmust be paid $239,474.08 in principal on the Mortgage Note and Mortgage, together with interestfi^omFebruary 1, 2008, late charges, and all costs of colleclion including title search expenses for ascertaining necessary parties to this action and reasonable attomey's fees. 9. All conditions precedent to the acceleration ofthe Mortgage Note and foreclosure ofthe Mortgage have been performed or have occurred. 10. Plaintiffhasretained the law firm ofFlorida Default Law Group, P.L., in this action and is obligated lo pay it a reasonable fee for its services in bringing this action as well as all costs of collection. 11. The interests ofeach Defendant are subject, subordinate, and inferior to the right, title, interest, and lien of Plaintiffs Mortgage with the exception of any special assessments that are superior pursuant to Florida Statutes § 159 (2006) and Florida Statiites § 170.09 (2006). 12. TENANT #1, TEN/WT #2, TENANT #3 and TENANT #4, die names being fictitious to account for parties in possession may claim some interest in the Property that is the subject ofthis foreclosure action by virtue of an unrecorded lease or purchase option, by virtue of possession, or may otherwise claim an interest in the Property. The names of these Defendants are unknown to the Plaintiff. WHEREFORE, Plaintiffrequests that the Court ascertain the amount due Plaintiff for principal and interest on the Mortgage Note and Mortgage and for late charges, abstracting, taxes, expenses and costs, including attomey's fees, plus interest thereon; that ifthe sums due Plaintiff under the Mortgage Note and Mortgage are not paid immediately, the Court foreclose the Mortgage and the Clerk ofthe Court sell the Property securing the indebtedness to satisfy Plaintiffs mortgage lien in accordance with the provisions ofFlorida Statutes §45.031 (2006); that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereaftermade a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues, income and profitsthereof,or in the altemative, order sequestration of rents, issues, income and profits pursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction ofthis action to make any and all fiirther orders and judgments as may be necessary and proper, including the issuance of a writ of possession and the entryof a, deficiency decree, when and if such deficiencydecree shall appear proper, if borrower(s) has not been discharged in bankruptcy. COUNT II - RE-ESTABLISHMENT OF NOTE 13. This isan action to re-establish a lost Mortgage Note pursuant to Florida Statutes §673.3091 (2006). 14. Plaintiff incorporates by reference the allegations previous pled as fully set forth herein. 15. The Piaintiff and the Defendants named herein are the only persons known to Plaintiff to have an interest for or against the re-establishment ofthe Mortgage Note. 16. Plaintiff was in possession ofthe Mortgage Note and entitled to enforce it when loss of possession occurred or Plaintiffhas been assigned the right to enforce the Mortgage Note. (See the attached true copy of the Note.) 17. The terms ofthe Note are as follows: a. Original loan amount: $240,000.00 b. Amount ofmonthly principal and interest payment: $1,576.63 c. Interest rate: 6.875% d. Loan beginning date: November 21,2007 18. At some time between November 21,2007, and the present, the Mortgage Note has either been lost or destroyed and the Plaintiffis unable to state the manner in which this occurred. After due and diligent search, Plaintiffhas been unable to obtain possession ofthe Mortgage Note. 19. The Mortgage Note has not been seized or transferred by Plaintiff. WHEREFORE, Plaintiffrequests that the Court re-establishthe Mortgage Note which this Mortgage secures. Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-5018 (813) 251-4766 By:. C^ ^.r Colleen E. Lehmann Florida Bar No. 33496«>^* Lindsey Diehl Florida Bar No. 27688 Anne M. Cruz-Alvarez Florida Bar No. 17140 WACHOVlAFlD-SPECFHLMC-R-ejayska FLORIDA DEFAULT LAW GROUP, P.L. ATTORNEYS AT LAW 9119 CORPORATE LAKE DRIVE 3*^ FLOOR T/VMPA, FLORIDA 33634 Please reply to: Telephone (813) 251-4766 Post Office Box 25018 Telefax (813) 251-1541 Tampa, FL 33622-5018 May 15, 2008 DHARAM DEOCFIAND 1405 NORTH HIAWASSEE ROAD ORLANDO.FL 32818 Re: Loan Number; 0006760998 Mortgage Servicer WACHOVIA MORTGAGE CORPORATION Creditor to whom WACHOVLA MORTGAGE COFUPORATION the debt is owed: Property Address: 1405 NORTH HFAWASSEE ROAD, ORLANDO, FL 32818 OurFileNo.: F08039647 Dear Borrower: The law firm ofFlorida Default Law Group, P.L. (hereinafter referred to as "law firm") has been retained to represent WACHOVIA MORTGAGE CORPORATION with regards to its interests in the promissory Note and Mortgage executed by DHARAM DEOCHAND on November 21, 2007. Pursuant to the terms ofthe promissory Note and Mortgage, our client has accelerated all sums due and owmg, which means that the entire principal balance and all other sums recoverable under the terms ofthe promissory Note and Mortgage are now due. As ofthe date ofthis letter, the amount owed to our client is $238,049.24, which includes the unpaid principal balance, accrued interest through today, late charges, and olher default-related costs recoverable under the terms oflhe promissory Note and Mortgage. Additional interest will accrue after the date ofthis letter. This correspondence is being sent to comply with the Fair Debt Collection Practices Act and should not be considered a payoff letter. Our client may make advances and incur fees and expenses after the date oflhis letter which are recoverable under the terms ofthe promissory Note and Mortgage. Therefore, ifyou wish to receive figures to reinstate (bring your loan current) or pay off your loan through a specific date, please contact this law firm at (813) 251-4766 or client.services@defaultlawfl.com. Unless you notify this law firm within thirty (30) days after your receipt ofthis letter that the validity of this debt, or any portion thereof, is disputed, this law fum will assume that the debt is valid. Ifyou do notify this law firm in writing within thirty (30) days after receipt oflhis letter that the debt, or any portion thereof, is disputed, this law firm will obtain verification ofthedebt or a copy of the judgment against you, ifany, and mail it to you. FILE NUMBER: F08039647 DOC ID: M005104 Also, upon your written request within thirty (30) days after your receipt ofthisletter, this law firm will provide you with the name and address ofthe original creditor, if different Irom the current creditor.Florida Default Law Group, P.L. is a debt collector.This law firm is attempting to collect a debt, and any information obtained will be used for that purpose. All written requests should be addressed to Colleen E. Lehmann, Florida Default Law Group, P.L., P.O. Box 25018, Tampa, Florida 33622-5018. This law firm is in the process of filing a Complaint on the promissory Note and Mortgageto foreclose on real estate.The advice in this letter pertains to your dealings with this law fum as a debt collector. It does not affect your dealings with the Court, and in particular, it does not change the time at which you must answer the Complaint. The Summons is a command Irom the Court, not from this law firm, and you must follow its instmctions even ifyou dispute the validity or amount ofthe debt. The advice in this letter also does not affect this law firm's relations with the Court. This law firm may file papers in the suit according to the Court's rules and the judge's instructions. Finally, ifyou previously received a discharge in a bankmptcy involving this loan and did not sign a reaffirmation agreement, then this letter is not an attempt to collect a debt from you personally. This law firm is seeking solely to foreclose the creditor's lien on real estate and this law firm will not be seeking a personal money judgment against you. Ifyou have questions regarding this matter, please do not hesitate to contact this law firm. Florida Defauh Law Group, P.L. Attomeys for WACHOVIA MORTGAGE CORPORATION COLLEEN E. LEHMANN NOTICE Florida Default Law Group, P.L. is a debt collector. This Firm is attemptiag to collect a debt, and information obtained may be used for the purpose. INSTR 2087077281£ Retum To: OR BK 09517 PS 3679 P6S=ia Wachovia Mortgac operation MARTHft 0. HflYNIE, COMPTROLLER ORANGE COUNTY, FL 1100 Cppp5rate Center Drive, 11/29/2087 89:17:26 AM Rai€lgh. NC 27607 MTG DOC TAX 848.00 INTANG TAX 480.08 REC FEE 154.50 This docuinent was prepared by: Wachovia Mortgage Corporation 1100 Corporate Center DriveRaleigh. NC 27607 "(Space Above Tliis Line For Recording Data] - MORTGAGE MIN 100013700067609980 DEFINITIONS Words used in multiple sections of this document are defined below and odier words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in diis documenl are also provided in Section 16. (A) "Security Instrument" means this document, which is dated November 21. 2007 together with all Riders to this document. (B) "Borrower" is Dharam DeOChand, A Married Man , joined by his spouse, Serojinie Deochand. Borrower is the mortgagor under this Security Instrument. (Q "MERS" is Mortgage Elecironic RegistrationSystems, Inc. MERS is a separate corporation that is acting solely as a nominee 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, FUnt, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is Wachovia Mortgage Corporation 241443 000006760998 Deochand FLORIDA-Single Family-Fannie Mae/Freddie l/lae/Freddie Mac UNIFORM INSTRUMENT INSTRI WITH MERS Form 3 0 1 01/01 ^^-6A(FL) (00051.02 Page 1 of 16 InniJa:. V M P Mortgage Sorutions, (nc Book9517/Page3679 CFN#20070772816 Page 1 of 18 Lenderisa Corporation organized and existing under the laws of North Carol i na Lender's address is 1100 Corporate Center Drive, Raleigh. NC 27607 (E) "Note" ineans the promissory nole signed by Borrower and dated November 21. 2007 The Note states that Borrower owes LenderTwO Hundred Forty Thousand Dollars (U.S. $240,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payinents and to pay the debt in fiill iwt later thanDecember 1, 2037 (F) "Property" means die property that is described below under die 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, phis interest. (H) "Riders" means all Riders to diis Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: LJ Adjustable Rate Rider L I Condomimum Rider LJ Second Home Rider l_J BaUoon Rider I 1 Planned Unit Development Rider L J 1-4 Fainily Rider CH VA Rider CD Biweekly Payment Rider LJ Other(s) [specify] (I) "Applicable Law" ineans all controlling appUcable federal,state and localstatutes, regulations, ordinances and administrative rules and orders (tfaat have tfae effect of law) as weU as aU applicable final, non-appealable judicial opinions. (J) "Connnunhy Association Dues, Fees, and Assessments" means all dues, fees, assessimnts 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 transferof tiinds,odier than a transaction originatedby check, draft,or similar paper instiument, which isinitiatedthrough an electronictenninal, telephonic insmiment, computer, or magnetic tape so as to order, instruct, or authorize a financial institntion to debit or credit an account. Such term includes, but is not Umited to, point-of-sale transfers,automated teller machine transactions,transfers initiatedby telephone, wire transfers,and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscdianeous Proceeds" means any compensation, setdement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of,the Property; (ii)condemnation or other taldng of all or any part of the Property; (iii) conveyance in Ueu of condemnation; or (iv) misrepresentatioiis of, or omissions as to, the value and/or condition of.the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means die regularly scheduled amount due for (i) piincipai and interest under die Note, plus (ii) any amounts under Section 3 of this Security Instrument. 241443 009806760998 Deochand ^P-6A(FLI (0O05I.02 Page 2 of 16 ^ ~ ^ ^ Fomi3010 1/01 Book9517/Page3680 CFN#20070772816 Page 2 of 18 (P) "RESPA" means the Real Estate Setdemem Procedures Act (12 U.S.C. Section 2601 et seq.) and its inqilementing regulation.Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation tfaat governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federaUy related mortgage loan" even if the Loan does not qualify as a "federaUy related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken titie to die Property, whether or not that party has assumed Borrower's obUgations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)flierepaymentof tfie Loan, and aU renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenanis and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mongage, grant and convey to MERS (solelyas nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the foUowing described property located in the County [Type of Recording Jurisdiction] of Orange [Name of Recording Jurisdiction): The North 1/2 ofthe Soutfi 1/2 ofthe Northwest 1/4 ofthe Noilhwest 1/4 ofthe Southwest 1/4, Section 24, Township 22 South, Range 28 East, Orange County, Florida (Less the West 50 feet thereof for road right of way). Parcel ID Number: which currentiy has the address of 1405 N Hiawassee Road (streaj Orlando [Cityi, Horida 32818- (Z5)Codc] ("Property Address"): TOGETHER WITH aU tfieinqirovements now or hereafter erected on tfieproperty, and aU easements, appurtenances, and fixtures now or hereafter a part of flie property.All replacements and additions shallalso be covered by tfiis SecurityInstrument. All of the foregoing is referredfo in tfiis Security Instrument as the "Property." Bonower understands and agrees fliat MERS holds only legal tide to the interests granted by Borrower in diis Security Instrument, but, if necessary to coinply wifli law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has tfie right: to exercise any or aU of fliose interests, inchiding, but not liniited to, the right to foreclose and sell tfie Property; and to take any actionrequired of Lender including, but not liimt«i to, releasingand canceling thisSecurity Instrument. ^ 241443 0ait|Q6760998 Deochand ^^-6A(FLI (00051 02 Page 3 of 16 \^ ^^^^--- Form 3 0 1 01/01 Book9517/Page3681 CFN#20070772816 Page 3 of 18 BORROWER COVENANTS that Borrower is lawfiilly seised of die 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 wiU defend generally the tide to the Property against aU 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 Prindpal, Interest,Escrow Items, Prepayment Charges, and Late Charges. Borrower shaU pay when due the principal of, and interest on,the debt evideiKcd by flie Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fiinds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shaU be made in U.S. currency. However, ifany check or other instrument received by Lender as payment under the Note or this Security Instrumem is retumed to Lender uiqiaid. Lender may require that any or all subsequent payments due under dieNote and tfiis SecurityInstrument be made in one or more of the following forms, as selected by Lender: (a)cash; (b) money order; (c) certifiedcheck, bank check, treasurer'scheck or cashier's check, piovided any such check is drawn upon an institution whose deposits arc 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 odier location as may be designated by Lender in accordance vntfi fhe notice provisions in Section 15. Lender may remrn any payment or partial payment if tfie paymem or partial payments are insufficient to bring the Loan currem. Lender may accept any paymem or partial payment insufficient to bring the Loan current, without waiver of any rigbts hereunder or prejudice to its rights to refiise such paymem or partial payments in tfie future, but Lender is not obligated to apply such payments at tfie time such payments are accepted. If each Periodic Payment isappUed as of its scheduled due date, then Lender need not pay interest on unappUed fiinds. Lender may hold such unapplied funds until Borrower makes paymem to bring the Loan currem. If Borrower does not do so within a reasonable period of time. Lender shall either apply such funds or remm tfiem to Borrower. If not appUed earlier, such fimds wdl be appUed to the outstanding principal balance under flie Note immediately prior toforeclosure. No offsetor claim which Borrower might have now or in die fiiture against Lender shall reUeve Borrower from malring 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 thisSection 2, aU payments accepted and appUed by Lender shafl be appUed 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 appUed to each Periodic Payment in tfae order in which it became due. Any remaining amounts shall be appUed first to late charges, second to any odier amounts due under this Security Instrument, and tften to reduce the principal balance of tfie Note. If Lender receives apaymem from Borrower for a delinquent Periodic Payment which includes a sufficiem amoum to pay any late charge due, the payment may be applied to the delinquent payment and tfie late charge. If more tfian one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of tfiePeriodic Payments if, and to the extent tfiat, each payment 241443 0QP5U6760998 Deochand ^^-6A(FLJ (0005)02 Page4of(6 |>^ y/y Form 3 0 1 0 1/01 Book9517/Page3682 CFN#20070772816 Page 4 of 18 can be paid in full.To flie extent fliat any excess exists after flie payment is applied tofliefiiUpaymeni of one or more Periodic Payinents, such excess may be appUed to any late charges due. Voluntary prepayments shall be applied first to any prepaymem charges and then as described inflieNote. Any appUcation of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or posqwne tfae due date, or cfaange the amount, oftfiePeriodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on flie day Periodic Payinents are due under flie Note, until the Note is paid in fiill, a sum (tfie "Funds") to provide for paymem of amounts due for: (a) taxes and assessments and other items wfaich can attain priority over diiis Security Instrument as a lien or encumbrance on tfie Property; (b) leasehold payments or ground rents onflieProperty, if any; (c) premiums for any and aU insurance required by Lemler under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in Ueu of the paymem of Mortgage Insurance premiums in accordaiKe with the provisions of Section 10. These items are called "Escrow Itenis." At origination or at anytime 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 sfaaU be an Escrow Item. Borrower shaU prompdy fumish to Lender aU notices of amounts to be paid under this Section. Borrower shall pay Lender tfie Funds for Escrow Items unless Lender waives Borrower's obUgation to pay flie Funds for any or aU 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 in writing. In the event of such waiver. Borrower shaU pay direcdy, when and where payable, tfie amounts due for any Escrow Itenis for which payment of Fundsfaasbeen waived by Lender and, if Lender requires, shaU furnish to Lender receipts evideni;ing such paymem witfiin snch 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 agreemenl contained in this Security Instrument, as the phrase "covenant and agreemem" is used in Section 9. If Borrower is obUgated to pay Escrow Items direcdy, pursuant to a waiver, and Borrower fails to pay the amoum due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such aniount and Borrower sball then be obUgated under Section 9 to repay to Lender any such amount. Lendeir may revoke tfie waiver as to any or all Escrow Items at any time by a notice given in accordance witfi Section 15 and, upon such revocation. Borrower shall pay to Lender aU Funds, and in such amounts, tfaat are then required under this Section 3. Lender may, at any time, coUect and hold Funds in an amount (a) sufficientto permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimatethe aniount of Funds due on the basis of current data and reasonable estimates of expenditures of fiiture Escrow Items or oflierwise in accordance witii Applicable Law. The Funds shaU be held in an institution whose deposits are insured by a federal agency, instrumentaUty, or entity (including Leader, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply tfae Funds to pay the Escrow Items no later tfaantfietime specified under RESPA. Lender shaU not charge Borrower for holding and applying the Funds, annually analyzing tfie escrow account, or verifying flie Escrow Items, unless Lender pays Borrower interest on flie Funds and AppUcable Law permits Lender to make such a charge. Unless an agreemem is made in writing or Applicable Law requires imerest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 241443 (\^[»6760998 Deochand »iSli^-6A(FL) (0005) 02 Page 5 of 16 j ^ ^ ^ Fomi3010 1/01 Book9517/Page3683 CFN#20070772816 Page 5 of 18 shafl be paid on flie Funds. Lender shall give lo Borrower, wiflioutcharge, an amiual accounting of flie Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shaflaccount to Borrower for the excess fiinds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shafl notify Borrower as required by RESPA, and Borrower shaU pay to Lendertibieamount necessary to make up tfie 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 sfaafl notify Borrower as required by RESPA, and Borrower shafl pay to Lender the amount necessary to make up the deficiencyin accordance with RESPA, but in no more than 12 monthly payments. Upon payment in fidl of all sums secured by this Security Instrument, Lender sfaall promptiyrefiind to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay alltaxes, assessments, charges, fines,and impositions attributable to the Property which can attain priority over this Security Instnnnem, leasehold payments or ground rents on tfae Property, ifany, and Community Association Dues, Fees, and Assessments, ifany. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Bonower shafl prompUy discharge any Uen which has priority over (his Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a mamier acceptable to Lender, but only so long as Bonower is perfonning such agreement; (b) contests the Uen in good faith by, or defends against enforcement of tfae lien in, legal proceedings which in Lender's opinion operate to prevem the enforcemem of the Uen while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to tfiis Security Instrument. If Lender determines tfiat any part of the Property is subject to a lien which can attain priority over this Security Instrumem, Lender may give Bonower a notice identifyingthe lien. Widiin 10 days of flie date on which ttiat notice is given, Bonower shafl satisfy the Uen or take one or more of the actions set forfli above in this Section 4. Lender may require Borrower to pay a one-time charge for a realestate tax verificationand/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Bonower shall keep the improvements now existing or hereafter erected on the Propeity insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including,but not limited to, eardiquakes and floods, for which Lender requires insuiance. This insurance shafl be maintained in the amounts (including deductiblelevels) 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 canier providing the insurance shafl be cfaosen by Borrower subjectto Lender's right to disapprove Bonower's choice, which right shafl not be exercised unreasonably. Lender may require Bonower to pay, in connection with thisLoan, eitfier: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge forflood zone detennination and certificationservices and subsequeni charges each time remappings or simflar changes occur which reasonably might affectsuch determination or certification. Bonower shaflalso be responsible for the paymem of any fees iniposed by the Federal Emergency Managemem Agency in connection with the review of any fiood zone determination resulting from an objection by Borrower. 241443 0(}edi-o (Address) (Address) 241443 000006760998 Deochand ^^^b -6A(FL) (00051.02 Page I S o f 16 Form 3 0 1 01/01 Book9517/Page3693 CFN#20070772816 Page 15 of 18 STATE OF FLORIDA, l^/^K^*^^ - County ss: The foregoing instrumem was acknowledged before me this •( Z-^,! ( o ^ by p/i^/w^ ^e^^t^cii^ who is personally known to me or wfaofaasproduced a{ (^ ^ . ^ / ^ ' S K jy^r (f^/^Oc, as identification.