Preview
Filing # 36042297 E-Filed 12/30/2015 05:38:42 PM
IN THE CIRCUIT COURT OF THE
THIRTEENTH IUDICIAL CIRCUIT, IN AND
FOR I-IILLSBOROUGH COUNTY, FLORIDA
GENERAL JURISDICTION DIVISIUN
CASE NO:
CALIBER HOME LGANS INC.,
Plaintiff,
vs.
KELLY E. THOMPSON; UNKNOWN
SPOUSE OF KELLY E. THOMPSON;
SOUTHWIND SUBDIVISION
HQMEOWNERS ASSOCIATION, INC.;
UNKNOWN TENANT IN POSSESSION 1;
UNKNOWN TENANT IN POSSESSION 2,
Defendants.
f
VERIFIED COMPLAINT .
To FORECLOSE MORTGAGE
COUNT I
MORTGAGE FORECLOS URE
Plaintiff CALIBER HOME LOANS, INC, sues Defendants, KELLY E. THOMPSON;
UNKNOWN SPOUSE OF KELLY E. THOMPSON; SOUTHWIND SUBDIVISION
HQMEOWNERS ASSOCIATION, INC., UNKNOWN TENANT IN POSSESSION 1;
UNKNOWN TENANT IN POSSESSION 2, and alleges:
1. JURISDICTION OF THE COURT: This is an action to foreclose a mortgage on real
property in HILLSBOROUGH County, Florida, and pursuant to F.S. §26.012, this Court has
jurisdiction of the subject matter herein.
2. EXECUTION OF NOTE AND MORTGAGE AND CREATION OF LIEN: On
December 1, 2014, KELLY E. THOMPSON executed and delivered a Promissory Note to
CALIBER HOME LOANS INC. On December 1, 2014 KELLY E. THOMPSON, A SINGLE
WOMAN, executed and delivered a Mortgage securing payment of said Note. The Mortgage was
recorded on December 4, 2014, in Official Records Book 22956, at Page 682 of the Public
Records of HILLSBOROUGH County, Florida, and mortgaged the property identified in the
Mortgage, then owned by and in possession of the Mortgagor, more fully described as:
LOT 15, BLOCK 1, SOUTH'WINl) SUBDIVISION, A
SUBDIVISION ACCORDING TO THE PLAT THEREOF
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RECORDED AT PLAT BOOK 106, PAGE 189, IN THE PUBLIC
RECORDS OF HILLSBOROUGH COUNTY, FLORIDA.
and commonly known as 11241 SOUTHWIND LAKE DRIVE, GIBSONTON, FL 33534. A
copy of the Note, along with the Certificate of Original Note Possession are attached herein as
Composite Exhibit "A" and a copy of the Mortgage which is attached hereto and incorporated
herein as Exhibit SSB!!
3. ASSIGNMENT OF MORTGAGE: The above-descnbed Note and Mortgage were
subsequently assigned to Plaintiff A true and correct copy of the relevant Assignment of
Mortgage is attached hereto and incorporated herein as Composite Exhibit "C";
4, RIGHT TO ENFORCE: Plaintiff is the holder of the original Note secured by, the
Mortgage and is entitled to enforce the tens of the note and mortgage pursuant to Florida
Statute 673.301 1(1) as the holder of an instrument.
5. OWNERS OF PROPERTY: The property is now owned by Defendant(s), KELLY E.
THOMPSON, if living and if dead, the unlmown spouses, heirs, and beneficiaries of said
Defendant(s), who hold possession. Said interest is subject, subordinate and inferior to the lien of
the Mortgage held by Plaintiff.
6. DEFAULT ON NOTE AND MORTGAGE: There is a default under the terms of the Note
and Mortgage for failure by the original mortgagor, the current property owner, or anyone on
behalf of dose liable on the Note and Mortgage to make the payment due on June l, 2015, and
all subsequent payments.
7. APPROXIMATE AMOUNT DUE AND ACCELERATION: Plaintiff declares the full
amount payable under the Note and Mortgage to be due, together with interest from May 1,
2015, pre-acceleration late charges, advancements, and all costs of collection including, but not
limited to, title search expense for ascertaining necessary parties to this action and reasonable
attorney's fees. The principal balance due on the Note and Mortgage, as of the date of this
Verified Complaint to Foreclose Mortgage, is $167,457.14 Copies of die Notice(s) of Default
are attached hereto and incorporated herein as Composite Exhibit "D".
8, ATTORNEYS FEES: Plaintiff is obligated to pay Plaintiffs attorneys a reasonable fee
for their services. Plaintiff is entitled to recover its attorney's fees under the terms of the subject
mortgage with is attached hereto as Exhibit "B."
9. CONDITIONS PRECEDENT: All conditions precedent to dle acceleration of the Note
and to the foreclosure of the Mortgage have been met, complied with, and fulfilled prior to
bringing the present foreclosure action.
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10. ASSOCIATION RIGHTS: Defendant, SOUTHWIND SUBDWISION HOMEOVVNERS
ASSOCIATION, INC., is joined by virtue of any right, title or interest said Defendant may claim
under F.S. §718.116 and/or §720.3085 01' pursuant to the association's declaration or other
covenants. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by
Plaintiff
11. OCCUPANCY OF THE PREMISES BY TENANTS: Defendants, UNKNOWN
TENANT IN POSSESSION 1 and UNKNOWN TENANT IN POSSESSION 2, are joined by
Virtue of any right, title or interest said Defendants may claim as tenants in the property pursuant
to a lease agreement, either written or oral. Said interest is subject, subordinate and inferior to
the lien of the Mortgage held by Plaintiff.
12. SUPERIORITY OF PLAINTIFFL The Mortgage of the Plaintiff is a lien superior in
dignity to the right, title, claim of lieu or interest of all the Defendants, known or unknown, in
this case, or any of them.
WHEREFORE, Plaintiff requests this Honorable Court grant judgment in its favor as
follows:
a. Take jurisdiction of the parties hereto and of the subject matter hereof,
b. Order that the lien of Plaintiffs Mortgage is a valid first lien on the Property described
and is superior to any lien of record,
c. Order foreclosure of the Mortgage, and that all Defendants named herein, their estates
and all persons claiming under or against them since the tiling of the Notice of Lis Pendent, be
foreclosed,
d. Determine the amount due Plaintiff under the Note and Mortgage sued upon herein,
e. Order that Plaintiff is entitled to recover attorney's fees and costs incurred in bringing
the instant action,
f Order that if said sum due Plaintiff is not paid in full within the time set by this Court,
the Property be sold by Order of this Court to satisfy Plaintiff s claims,
g. Order delivery and possession of the real property to the Purchaser, who shall be
responsible for condominium and/or homeowner association assessments and other charges in
accordance with Florida Statutes §7l8,ll6 and §720.3085, respectively and upon proof of the
demand or refusal of any Defendant to vacate and surrender such possession, and the clerk be
directed to issue a writ of possession Without further order of this Court,
h. Retain jurisdiction of this cause and the parties hereto to determine Plaintiffs
entitlement to a deficiency judgment and the amount thereof unless any Defendant personally
liable shall have been discharged from liability under the subject Note pursuant to the provisions
of the Bankruptcy Code ll. U.S-C. §lol, et. sew., and
[THIS SPACE LEFT BLANK INTENTIONALLY]
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i. Grant such other and further relief as appears just and equitable under the
circumstances.
DATEDthiS 21 day0fl 3)ece»»6V~ 2015
VERIFICATION PURSUANT To F.R.C.R l.110(b]
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. I declare that to the best of my knowledge and belief the following
facts are also true and correct:
1. The Plaintiff is entitled to enforce the note and mortgage.
2. The allegations regarding default are true and accurate.
3. Any notice(s) required pursuant to the terms of the note and mortgage has/have been sent.
4. The Plaintiff has retained the law firm of Quintairos, Prieto, Wood & Boyer, P.A. in this action and
is obligated to pay its attorneys fees and costs for services rendered herein.
Pursuant to the terms of the note and
mortgage Plaintiff is entitled to an award of attorney's fees.
Caliber Home Loans, Inc.
Name: -5. __ _.-f
Theodore Schroeder
Authorized Signatory
Title
1'
*,;
Date:
-
1;/>2~/245'
Respectfully sd ted.,
Mikaef
Fla. Mari \` 9569
Quintairos, f*'rieto>\Wood & Boyer, P.A.
255 S. Orange Ave, Suite 900
Orlando, FL 32801
Phone (407) 872-6011
Toll Free: (855) 287-0240
Email: serviceoopies@qpWblaW . com
Secondary Email: mikae1.hi1'sch@qpWblaW.com
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EXHIBIT
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IN THE CIRCUIT cour:'1' OF THE
JUDICIAL CIRCUIT, IN AND FOR
HILLSBORQUGIQI COUNTY, FL
cALmeR HOME LOANS, INC. s Plaintiff
v.
I(ELLY E Taorvnfsow, Defendémt, et ai.
CERTIFICATION
Under penalty of perjury, I hereby certify that the P1ain1if£ CALIBER HOME LOANS, INC. is in possession of the
Original Promissory Note and in support thereof States'
1, The Original Promissory Note is located at Caliber Home Loans, Inc. (Servicer) 13801 Wireless Way,
Oklahoma City, OK 73 134
2. On 11!l6f2{)15, at 11'23, MIND! HERNANDEZ, an employee of Cal ibe1' I-Tame Loans, Inc., personally
verified possession of the Original Promissory Note.
3. A copy so the Original Wnmissory Note is attached hereto.
Caliber Home Loans, Inc.
Name* MINDI HERNANDEZ
Joh Title: AUTHORIZIEZD SIGNATORY, Collateral Mal1agememt
Date: 11/16/2015
S.ignaturc:
Bm.rowe1.' KELLY E mo1vrr»soN
11241 SOUTHwIND LA KE DRIVE
GIBSONTON, FL 33534-0000
Lam: 9339
County: HILLSBOROUGH
12/30/2015 5:38 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6
Limn Numlner 58874271 52
MIN: 10082895 W''\4}271 526
FHA Case No.
NQTE 093491 S393-'IG3~
THE sfnwiz 'ii6c' U1\»f.m143TARv TAX DUE oN THIS Nom HX§E13i§iN PAID oN 'frm 1v1oRrrGAGE SECURING 'rms
1NDE13TEDNinSs,
TBECEMBER 01, 20i4
[Date]
11241 SOUTHWINYJ LAKE DRIVE, GIBSGNTUN, FLGRIDA. 33534
[Property Address]
1. PARTIES
"Bm-rower" means each person signing at the end ol' this Note, and the perso1fs suceessers ami assigns.
"Lender" means
CALIBER HOME LOANS, INC. and its successors and assigns.
2. BORRDWEES PRDMISE TO PAY; lN'rEm3sT
In return for u lean received loom Lender. Berrewel' p1'omises to pay the principal sum of QNE 3-IUN})REl) SIXTY-EIGL-IT
THOUSAND SIX I-TUN])RED TWENTY-SEVEN ANI) 00/1 00THS Dollars (U,S. $168,627.00], plus interest, to the order of
Lender. I11i,erest will one charged on unpaid principal, loom the date of clisbul'se1nent of the loan preeeecls by Lender, at the rate of
FUUR AND UNE-QUARTER percent (4.250%} per year until the full amount oi*principa3 has been paid.
3. PRUMISE TO PAY SECURED
I3urrowe1*'s promise to pay is secured by a mortgage, deed ol' trust or similar security i11stl.u1'ne11t that is dated the same date as this
The Security lnsmrmerit protects the Lender Hem losses which might result ifBor1-ewes'
Note and called the "Security I1.1strumex1t."
ciefaults mea* this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make e payment of principal and interest to Lender on the 1ST day of each month hegiuning on JANUARY 1,
2015. Any principal and interest Pen mining on the IST clay of DECEMBER, 2044, will be due on that date, which is called the
'°Maturity Date".
(3) Place
Payment shall he made at P.O. BOX 650856, DALLAS, TX 75265-0856 or at such place as Lender may designate in writing
by notice to Bewmemz
(C) Amount
Each tnolithly payment of principal and interest will be in the amount of U.S.$829.54.
This amount will be part of a larger
monthly payment required by the Security 1nstl'umef1'£, that shall be applied to principal, interest and other items in the order described
in the Security Instrument.
(D) Alinnge to this Note tell' payment adjustrnemits
If an allonge providing for payment ad_]L1st111ents is executed by Borrower tege'fl"1e1' with this Node, the covenants Of the ellonge
shall be ineerporated into an-:I shall amend and supplement the covenants eve this Note as if the ellenge were a pert of this Nate.
[Check appllcehle boX.]
CO Gmdllated Payment Aiionge III Growing Equity Allonge EELOcher [Spwify]
5.
Bowowenx' has the right tm pay the debt evidenced by this Note, in whole or in part, without ¢5§1a1~ge or penalty, on the first day QF
any llmnth. I ender shay accept plvepayment on other days provided that 13c;:1.1.owe1. pays irnte1'est cm the anent prepaid for the
remaincles' eve the mouth to the extent requires by Lender and permitted by regulations of the Secl*eta;'y. Ifl3c>rrowe1' makes a partial
prepayment, theIr wail be no changes in the due date or in the amount of time m cn tlmly payment unless Lender agrees in writing to these
clmanges.
6. BORRUWER9 FAILURE TO PAY
1
FHA Fiewidn Fixed Rate Note
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(A) Lain C'luu'g.9 for Overdlw Payments
If Lender has net received the Full nmnthiy payment required by the Security Instrument, as described in Paragraph 4(C) of this
Note, by the end of 15 calenclar days after the payment is due, Lender may collect n late charge in the amount of' FOUR
percent Q
4.00% ) of the overdue amount ofeaclt payment.
te) Default
If Borrower clefaults by failing to pay in full any monthly payment, then Linda' may, except as limited by regulations co the
Secretary in the- case ol' payment defaults, require immediate payment in full of the principal balance remaining due and all accrual
interest.Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default,
In many
circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in kill in the ease of
payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations.
As used in this Note,
"Secretary" means the Secretary of Housing and Urban D evel o1sment or his or her designee.
(C) Payment of Costs and lilxpenses
If Lender has required im1neciiate payment in till, as described above, Lender may require Borrower to pay costs and expenses
including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law.
Such fees
and costs shall bear interest li'om the date of disbursement at the same rate as the principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Prese11tment" means the right to require Lender to demand payment of amounts due.
"Notice of dish on or" means the right to require
Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower Lmcler this Note will be given by
delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has
given Lender sa notice of Borrower's different address,
Any notice that must be given to Lender under ties Note will be given by first class mail to Lender at the address stated in
Poingrapli. 4(8) or at a different adclress ifBorroWer is given a notice of that different address.
9. o»BLioA'rIoNs OF PERSONS UNDER TI-IIS NGTE
If more than one person signs this Note, each person is iillly and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser oi' this Note is also
obligated to do these things. Any person who takes over these obligations., including the obligations of a gnalolitor, surety or endorser
of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights Linder this Note against each
Any one person signing this Note may be required to pay all oldie amounts
person in diviclually or against all signatories togethelz
owed under this Note.
BY SIGNING BELOW, Burrows accepts and agrees to the terms and covenants culurained in this Nota
(Seal)
}30lII"OV\'E E THOMPSON
Loan Originator Organization: CALEBER HOME LUANS, INC.
NMLS ID: 15622
Loan Originator: NIA
NMLS ID' N/A
LDKII Originator Organizadum HOME SOLUTION LENDERS INC.
NMLS ID: 327291
Loan Griginator. RICHARD PEACGCK
NMLS ID: 388654
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12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 10
EXHIBIT
12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 11
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chirm rrinuuit iimmh lill.1nbammaJ.q11 Quant?
-=re111ium iustulllueitt that
Lender has not become obligated to pay to the Secretary, and Lender shall promptly relied any excess fluids to
Borrower. Iuunediately prior to a lb1'c&losm'e sale of the Property or its acquisition by Lender, Bo1'l'oWor's
account shall be credited with any balance remaining, for all installments for items (ri), (in), and (c).
3. Applicatlmi of Payments. All payments under Purugmphs 1 and 2 shall by applied by Lender as follows:
5 to the mortgag e insurance premium to be paid by Lender to the Secretary or to the montluly charge by
the Secretary instead of the monthly mortgage insurance premium,
Second, to any taxes, special assessments, leasel1ol.d payments or ground rc11ts, and fire, flood and otl1e1'
hazard insurance premiums, as required;
Third, to interest clue urlcler the Note,
.Fo11a'tlw, to amortization ol'tl1e principal of tic Note; and
ELM, to late charges clue under the Note.
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12/30/2015 5:38 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 13
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4. Fire, Flood and Otlwr I-Iazarcl insurance.
Bo1.r<3wwer and to Lender jointly. All or any peat of the
insurance proceeds may he applied by Lender, at its notion, either (a) to the reduction of the indebtedness under
the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and
then to prepayment of principal, or (b) to the restoratioru or repair* of the damaged Property. Any application no
the proceeds to dte prinelpal shall not extend or postpone the due date of the monthly payments which are
refers to in Paregrapla 2, or change the amount of such payments. Any excess insurance proceeds over an
amount required to pay all outstanding indebtedness under the Note and this Security Enstrum end shall be paid tm
the entity legally entltlecl thereto.
In the event of Foreclosure of dais Security Instrument or other transfer of title to tile Property that
extinguishes the i odelatedn ess, all right, title and interest of Borrower in and to insurance policies in force shall
pass to the purchaser.
5. Occupancy, Preservation, Mnintenmlce mul Protection of the Properly; Borrowers Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Pl'ope1*ty as l3orrower's principal
residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or
transfer of the Property) and shall continue to occupy the Property as Borrowers p1'inoi9al residence for at least
one year after the date of occupancy, unless Lender determines that requil.eme11t will cause uncle hardship for
Borrower, or unless extonlla.ting cir curn stan ces exist which are beyond Borrower's control. Borrower shall nosily
Lender of' any extentlatiug circumstances. Borrower shall not commit Wtlsto or destroy, damage or stlbstantlally
olmnge the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lend er may inspect
the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable notion to
protect and oreswve such vacant or abandoned Property. Borrower shall also be in delhnlt if Borrower, during
the loan application process. gave materially false or inaccurate information orstf1temen'rs to Lender (or failed to
provide Lender with any material information) in oonneotlon with the loan evidenced by the Note, lneludlng, but
not limited to, represmtetions concerning Borrower's oecuoemzy of the Property as a principal residence. if this
Security Iustrumellt is on a leasehold, Borrower shell comply with the provisions ot" the lease. If Borrower
acquires fee title to the Property, the ieaseliolcl and fee title shall not bf: merged unless Lender agrees to the
merger in writing.
6. Condem1iufion. The proceeds of any award or claim for damages, direct or consequential, in Conk emotion
with any oonclemnation or other taking of any part of the Proiaerty, 01' for conveyance in place of condemnation,
are hereby ussignw and shall be paid to Lender to the extent of the full amount of the indebtedness that relaniiins
unpaid under the Note and this Security Instrument. Lender Shall apply such proceeds to the reduction of the
indebtedness under the Note and this Security Instrument, first to any del i nqu elit amounts applied in the order
provided in Paragraph 3, and then to prepayment of principal.
Any application of the proceeds to the principal
shall not extend or postpone the due date of the monthly payments, which are referred to in Paragraph 2, or
change the amount of sr.1cl1 payments. Any excess proceeds over no amount required to pay all outstanding
.indebtedness under the Note and this Security .[11strLm1ent shall be paid to the wtity legally entitled thereto.
7. Charges to Borrower and Protectioti of Lender's Rights in the P1'0I1el'ty,
'l3o1'rower shall pay all
governmental or municipal clmrges, fines and impositions that are not included in Pel.agraph 2.
Borrower shall
pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely
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s1HIect Lel1der's interest in the Property, upon Le11cle1"S l'<~:>quest B0:'1'Qwe1' sell promptly fi.1rr1ish to Lender 1'ecei]:~ts
ovicimcirlg these payments.
If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to pel°f'm'.11 any
other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may
significantly affect Lender-'s rights in the Property (such as a proceeding in bankruptcy, for condemnation or to
enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the vale of the
Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items
mentioned in Pnragrnpll 2.
Any amounts d isbt1rsed by Lender under this Palngraplt shall become an additional debt of'Borrower and be
secured by this Security Instrument. These amounts shall hear interest from dle date of disbursement, rn the Note
rate, amat the option of'Lender, shall be i1mnediateiy due and payable.
Borrower shall promptly clischarge anylieu which has priority over this
Security Instrument unless
Borrower: (a) agrees in writing to the pigment of the obligation secured by the lieu in a nmnnef acceptable to
Lender, (in) contests in good faith the lien by, or defends against en ilor cemen L of time lien in, legal proceedings
which in the Lende1*'s opinion operate to prevent the enforc:e1ne11t of the lien; or (co secures from the holder of the
lien tm agreement satisfactory to Lender stlbo1'dinr1tiJ1g the lien to This Security Instrtnnent. If Lender determines
that any part of the Property is subject to n lien which may attain priority over this Security Instrurnent, Lender
may give Borrower a notice identifying the lien,
Bo1°1'ower shall satisfy the lien or take one or more QF the
actions set forth above within 10 days 0'lltl1e giving cfnotice.
8. Fees. Lender' may collect fees and charges eutl1o1'ized by the Secretary.
9. Grads for Accteleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of
payment deieults, require hnmediete payment in full of all sums secured by this Security Instrument if:
(i) Borrower clefinults by falling to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower deWults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
(b) Sale Without Credit Approval. Lencler shall, if permitted by applicable law (including section
34I63) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. l701_i~3(d)) and with the
prior approval of the Sec1'etm.y, a'eqLIii~e immediate payment in 11a11 of all sums sectsretl lay this Security
Inst1~un1ent iii
(I) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is
sold or ot.l1e1°yvise. transferred (otter than by devise or descent), and ..
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
pilrohaser or grantee does so occupy the Property, but his or her credit has not been approved in
accordemce with the requirements of the Sec1'eta1'y.
(e) No Waiver. Ii'ei1lou111sE8oceS occur that Would permit Lender to require immediate peymmt in full,
but Lender does not require such IJayments, Lender (]nest not waive its rights with respect to subsequent
events.
(cl) Regulations no HUB Secreislry.
In may cireumstaimces regulations issued by die Secretary will
limit Le11de1"'s rights, in the case of payment defaults, to require immediate payment in full and
foreclose if not paid. This Security "histrumeiit does not audiorize ueeeleratioli or f:>1'eGIosu1'e if not
permitted by regulations of the: Secretary.
(e) Mortgage Nut Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing AGI; within 60 days item the date
l1e1°eoi, Louder may, at its option, require immediate paynieut in full otsll some secured by this Security
Instrument. A written statement of any authorized agent of the Secretary dated subsea out to 60 days
film the date hereof declining to insure this Security li1st1'ument and the Note., shall be deemed
conclusive proof' of such ineligibility. Nolwithshmding the foregoing, this option may not be exercised
Ill 944§n ° M§=»hWf4:r44.4na@mm34l=wu+*a¢m'e~m-hx-44lll
12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 15
by Lender when the unavailability <1T' insurance is snleiy due to Lender's failure to remit a mortgage
insurance premium to the Secwtary.
10. Reixlsfatement. Borrower has a right to be reinstated if Lender has 1'equiI°®d immediate payment in iixil
because no Borrowers iiailure to pay an amount due under the Note or this Security Instrmnent.
This light
applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument. Borrower shall
tender in si lump sum all amounts required to bring Borrower's account current including, to the extent they are
obligationsof Borrower Security ln srtruinent,
uncie- this foreclosure costs
and reasoiiable ami Guetomiwy
attorneys'fees and expenses properly associated with the t`o1'eeloSure proceeding. Upon
reinstatement by
Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not
required immediate payment in tiili. However, Lender is not required to permit reinstatement if (E) Lender has
accepted rein stateinent after the connnencement of foreclosure proceedings within two years
i1ninediately
preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude Forecioeure en
different grouncls in the fixture, or (iii} reinstatement Will adversely affect the priority of the lien created by this
Security Inetrtnnent.
ll. Harrower Not Released; For bea lmlee By Lender Net e Waiver. Extension of die time of payment or
modification of amortization of the sums secured by this Security Instrument grunted by Lender to any successor
in interest of Borrower shall not operate to release the liability of the original Borrower or Bori-ower's successor
in interest. Lender shall not be required to commence proceedings against any successor in interest or retiree to
extend time fm' p uyrraent or otherwise modify stmortizetion of the sums scoured by this Security Instrument by
reason of any demand made by the original Borrower or Borrovwi-'s Sucoessots in interest. Any fo1'l>eat'anoe by
Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Stnccessors and Assigns Bonne; Joint and Severn] Liability;Co-signers. The covenants and
agreements of this Security nistrument shall bind and benefit the successors and assigns olILende1. and Borrower,
subject to the provisions otIParagrapl1 9(l~»). Bo1'rower's covenants and agreements shall bejolnt and several. Any
Borrower who co~sig11s dais Security inslrumeit but does not execute the Note: (a) is eo»signing dns Security
Instrument only to mortgage, grant and omwey Thai Bo1'rower's interest in the Property zmder time terms of this
Security Instrument; (b) is not personally obligated to pay the sums seourecl by this Security lnsu'ument; and Qc)
agrees that Lender and any other ]3on°ower may agree to extend, modify, forbear or make any stcecmuuodatlons
with 1'e;3;ard tm the reruns ofthls Security Instrument or the Note witlaout that Bom:-wer's consent,
13. Notices.Any notice to Bo vowel' provided Fm* in this Security Ins11'e1nent shall be given by delivering it
or by mailing it by first class nail unless applioabie law requires use of another method. The notice shall be
directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to
.l..e11der shall he given by first class mail to Le11del"s address stated herein or any address Lender designates by
notice to Borrower. Any notice provided for in this Security Instrurnent shall be deemed to have been given to
Borrower or Lclider when given as provided in this paragraph.
14. Governing Law; Severn biliiiy.
This Security Instrument shall be governed by Federal law and the law
of the jurisdiction in which the Property is located. In the event that any provision or clause of this Securi1.y
Preview
Filing # 36042297 E-Filed 12/30/2015 05:38:42 PM IN THE CIRCUIT COURT OF THE THIRTEENTH IUDICIAL CIRCUIT, IN AND FOR I-IILLSBOROUGH COUNTY, FLORIDA GENERAL JURISDICTION DIVISIUN CASE NO: CALIBER HOME LGANS INC., Plaintiff, vs. KELLY E. THOMPSON; UNKNOWN SPOUSE OF KELLY E. THOMPSON; SOUTHWIND SUBDIVISION HQMEOWNERS ASSOCIATION, INC.; UNKNOWN TENANT IN POSSESSION 1; UNKNOWN TENANT IN POSSESSION 2, Defendants. f VERIFIED COMPLAINT . To FORECLOSE MORTGAGE COUNT I MORTGAGE FORECLOS URE Plaintiff CALIBER HOME LOANS, INC, sues Defendants, KELLY E. THOMPSON; UNKNOWN SPOUSE OF KELLY E. THOMPSON; SOUTHWIND SUBDIVISION HQMEOWNERS ASSOCIATION, INC., UNKNOWN TENANT IN POSSESSION 1; UNKNOWN TENANT IN POSSESSION 2, and alleges: 1. JURISDICTION OF THE COURT: This is an action to foreclose a mortgage on real property in HILLSBOROUGH County, Florida, and pursuant to F.S. §26.012, this Court has jurisdiction of the subject matter herein. 2. EXECUTION OF NOTE AND MORTGAGE AND CREATION OF LIEN: On December 1, 2014, KELLY E. THOMPSON executed and delivered a Promissory Note to CALIBER HOME LOANS INC. On December 1, 2014 KELLY E. THOMPSON, A SINGLE WOMAN, executed and delivered a Mortgage securing payment of said Note. The Mortgage was recorded on December 4, 2014, in Official Records Book 22956, at Page 682 of the Public Records of HILLSBOROUGH County, Florida, and mortgaged the property identified in the Mortgage, then owned by and in possession of the Mortgagor, more fully described as: LOT 15, BLOCK 1, SOUTH'WINl) SUBDIVISION, A SUBDIVISION ACCORDING TO THE PLAT THEREOF Matter# 90530 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 1 RECORDED AT PLAT BOOK 106, PAGE 189, IN THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. and commonly known as 11241 SOUTHWIND LAKE DRIVE, GIBSONTON, FL 33534. A copy of the Note, along with the Certificate of Original Note Possession are attached herein as Composite Exhibit "A" and a copy of the Mortgage which is attached hereto and incorporated herein as Exhibit SSB!! 3. ASSIGNMENT OF MORTGAGE: The above-descnbed Note and Mortgage were subsequently assigned to Plaintiff A true and correct copy of the relevant Assignment of Mortgage is attached hereto and incorporated herein as Composite Exhibit "C"; 4, RIGHT TO ENFORCE: Plaintiff is the holder of the original Note secured by, the Mortgage and is entitled to enforce the tens of the note and mortgage pursuant to Florida Statute 673.301 1(1) as the holder of an instrument. 5. OWNERS OF PROPERTY: The property is now owned by Defendant(s), KELLY E. THOMPSON, if living and if dead, the unlmown spouses, heirs, and beneficiaries of said Defendant(s), who hold possession. Said interest is subject, subordinate and inferior to the lien of the Mortgage held by Plaintiff. 6. DEFAULT ON NOTE AND MORTGAGE: There is a default under the terms of the Note and Mortgage for failure by the original mortgagor, the current property owner, or anyone on behalf of dose liable on the Note and Mortgage to make the payment due on June l, 2015, and all subsequent payments. 7. APPROXIMATE AMOUNT DUE AND ACCELERATION: Plaintiff declares the full amount payable under the Note and Mortgage to be due, together with interest from May 1, 2015, pre-acceleration late charges, advancements, and all costs of collection including, but not limited to, title search expense for ascertaining necessary parties to this action and reasonable attorney's fees. The principal balance due on the Note and Mortgage, as of the date of this Verified Complaint to Foreclose Mortgage, is $167,457.14 Copies of die Notice(s) of Default are attached hereto and incorporated herein as Composite Exhibit "D". 8, ATTORNEYS FEES: Plaintiff is obligated to pay Plaintiffs attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorney's fees under the terms of the subject mortgage with is attached hereto as Exhibit "B." 9. CONDITIONS PRECEDENT: All conditions precedent to dle acceleration of the Note and to the foreclosure of the Mortgage have been met, complied with, and fulfilled prior to bringing the present foreclosure action. Matter# 90530 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 2 10. ASSOCIATION RIGHTS: Defendant, SOUTHWIND SUBDWISION HOMEOVVNERS ASSOCIATION, INC., is joined by virtue of any right, title or interest said Defendant may claim under F.S. §718.116 and/or §720.3085 01' pursuant to the association's declaration or other covenants. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff 11. OCCUPANCY OF THE PREMISES BY TENANTS: Defendants, UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN TENANT IN POSSESSION 2, are joined by Virtue of any right, title or interest said Defendants may claim as tenants in the property pursuant to a lease agreement, either written or oral. Said interest is subject, subordinate and inferior to the lien of the Mortgage held by Plaintiff. 12. SUPERIORITY OF PLAINTIFFL The Mortgage of the Plaintiff is a lien superior in dignity to the right, title, claim of lieu or interest of all the Defendants, known or unknown, in this case, or any of them. WHEREFORE, Plaintiff requests this Honorable Court grant judgment in its favor as follows: a. Take jurisdiction of the parties hereto and of the subject matter hereof, b. Order that the lien of Plaintiffs Mortgage is a valid first lien on the Property described and is superior to any lien of record, c. Order foreclosure of the Mortgage, and that all Defendants named herein, their estates and all persons claiming under or against them since the tiling of the Notice of Lis Pendent, be foreclosed, d. Determine the amount due Plaintiff under the Note and Mortgage sued upon herein, e. Order that Plaintiff is entitled to recover attorney's fees and costs incurred in bringing the instant action, f Order that if said sum due Plaintiff is not paid in full within the time set by this Court, the Property be sold by Order of this Court to satisfy Plaintiff s claims, g. Order delivery and possession of the real property to the Purchaser, who shall be responsible for condominium and/or homeowner association assessments and other charges in accordance with Florida Statutes §7l8,ll6 and §720.3085, respectively and upon proof of the demand or refusal of any Defendant to vacate and surrender such possession, and the clerk be directed to issue a writ of possession Without further order of this Court, h. Retain jurisdiction of this cause and the parties hereto to determine Plaintiffs entitlement to a deficiency judgment and the amount thereof unless any Defendant personally liable shall have been discharged from liability under the subject Note pursuant to the provisions of the Bankruptcy Code ll. U.S-C. §lol, et. sew., and [THIS SPACE LEFT BLANK INTENTIONALLY] Matter# 90530 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 i. Grant such other and further relief as appears just and equitable under the circumstances. DATEDthiS 21 day0fl 3)ece»»6V~ 2015 VERIFICATION PURSUANT To F.R.C.R l.110(b] 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. I declare that to the best of my knowledge and belief the following facts are also true and correct: 1. The Plaintiff is entitled to enforce the note and mortgage. 2. The allegations regarding default are true and accurate. 3. Any notice(s) required pursuant to the terms of the note and mortgage has/have been sent. 4. The Plaintiff has retained the law firm of Quintairos, Prieto, Wood & Boyer, P.A. in this action and is obligated to pay its attorneys fees and costs for services rendered herein. Pursuant to the terms of the note and mortgage Plaintiff is entitled to an award of attorney's fees. Caliber Home Loans, Inc. Name: -5. __ _.-f Theodore Schroeder Authorized Signatory Title 1' *,; Date: - 1;/>2~/245' Respectfully sd ted., Mikaef Fla. Mari \` 9569 Quintairos, f*'rieto>\Wood & Boyer, P.A. 255 S. Orange Ave, Suite 900 Orlando, FL 32801 Phone (407) 872-6011 Toll Free: (855) 287-0240 Email: serviceoopies@qpWblaW . com Secondary Email: mikae1.hi1'sch@qpWblaW.com Matter# 90530 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 4 EXHIBIT 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 IN THE CIRCUIT cour:'1' OF THE JUDICIAL CIRCUIT, IN AND FOR HILLSBORQUGIQI COUNTY, FL cALmeR HOME LOANS, INC. s Plaintiff v. I(ELLY E Taorvnfsow, Defendémt, et ai. CERTIFICATION Under penalty of perjury, I hereby certify that the P1ain1if£ CALIBER HOME LOANS, INC. is in possession of the Original Promissory Note and in support thereof States' 1, The Original Promissory Note is located at Caliber Home Loans, Inc. (Servicer) 13801 Wireless Way, Oklahoma City, OK 73 134 2. On 11!l6f2{)15, at 11'23, MIND! HERNANDEZ, an employee of Cal ibe1' I-Tame Loans, Inc., personally verified possession of the Original Promissory Note. 3. A copy so the Original Wnmissory Note is attached hereto. Caliber Home Loans, Inc. Name* MINDI HERNANDEZ Joh Title: AUTHORIZIEZD SIGNATORY, Collateral Mal1agememt Date: 11/16/2015 S.ignaturc: Bm.rowe1.' KELLY E mo1vrr»soN 11241 SOUTHwIND LA KE DRIVE GIBSONTON, FL 33534-0000 Lam: 9339 County: HILLSBOROUGH 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6 Limn Numlner 58874271 52 MIN: 10082895 W''\4}271 526 FHA Case No. NQTE 093491 S393-'IG3~ THE sfnwiz 'ii6c' U1\»f.m143TARv TAX DUE oN THIS Nom HX§E13i§iN PAID oN 'frm 1v1oRrrGAGE SECURING 'rms 1NDE13TEDNinSs, TBECEMBER 01, 20i4 [Date] 11241 SOUTHWINYJ LAKE DRIVE, GIBSGNTUN, FLGRIDA. 33534 [Property Address] 1. PARTIES "Bm-rower" means each person signing at the end ol' this Note, and the perso1fs suceessers ami assigns. "Lender" means CALIBER HOME LOANS, INC. and its successors and assigns. 2. BORRDWEES PRDMISE TO PAY; lN'rEm3sT In return for u lean received loom Lender. Berrewel' p1'omises to pay the principal sum of QNE 3-IUN})REl) SIXTY-EIGL-IT THOUSAND SIX I-TUN])RED TWENTY-SEVEN ANI) 00/1 00THS Dollars (U,S. $168,627.00], plus interest, to the order of Lender. I11i,erest will one charged on unpaid principal, loom the date of clisbul'se1nent of the loan preeeecls by Lender, at the rate of FUUR AND UNE-QUARTER percent (4.250%} per year until the full amount oi*principa3 has been paid. 3. PRUMISE TO PAY SECURED I3urrowe1*'s promise to pay is secured by a mortgage, deed ol' trust or similar security i11stl.u1'ne11t that is dated the same date as this The Security lnsmrmerit protects the Lender Hem losses which might result ifBor1-ewes' Note and called the "Security I1.1strumex1t." ciefaults mea* this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make e payment of principal and interest to Lender on the 1ST day of each month hegiuning on JANUARY 1, 2015. Any principal and interest Pen mining on the IST clay of DECEMBER, 2044, will be due on that date, which is called the '°Maturity Date". (3) Place Payment shall he made at P.O. BOX 650856, DALLAS, TX 75265-0856 or at such place as Lender may designate in writing by notice to Bewmemz (C) Amount Each tnolithly payment of principal and interest will be in the amount of U.S.$829.54. This amount will be part of a larger monthly payment required by the Security 1nstl'umef1'£, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Alinnge to this Note tell' payment adjustrnemits If an allonge providing for payment ad_]L1st111ents is executed by Borrower tege'fl"1e1' with this Node, the covenants Of the ellonge shall be ineerporated into an-:I shall amend and supplement the covenants eve this Note as if the ellenge were a pert of this Nate. [Check appllcehle boX.] CO Gmdllated Payment Aiionge III Growing Equity Allonge EELOcher [Spwify] 5. Bowowenx' has the right tm pay the debt evidenced by this Note, in whole or in part, without ¢5§1a1~ge or penalty, on the first day QF any llmnth. I ender shay accept plvepayment on other days provided that 13c;:1.1.owe1. pays irnte1'est cm the anent prepaid for the remaincles' eve the mouth to the extent requires by Lender and permitted by regulations of the Secl*eta;'y. Ifl3c>rrowe1' makes a partial prepayment, theIr wail be no changes in the due date or in the amount of time m cn tlmly payment unless Lender agrees in writing to these clmanges. 6. BORRUWER9 FAILURE TO PAY 1 FHA Fiewidn Fixed Rate Note GTS330U(ll}04 Page I &f3 63 2014 Guard1anDocs llll89WI-E#$5b8EP951W3¥l*?Tv?IM\'rPhJ3l'+'7rikf*'M':M 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 7 f (A) Lain C'luu'g.9 for Overdlw Payments If Lender has net received the Full nmnthiy payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of 15 calenclar days after the payment is due, Lender may collect n late charge in the amount of' FOUR percent Q 4.00% ) of the overdue amount ofeaclt payment. te) Default If Borrower clefaults by failing to pay in full any monthly payment, then Linda' may, except as limited by regulations co the Secretary in the- case ol' payment defaults, require immediate payment in full of the principal balance remaining due and all accrual interest.Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default, In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in kill in the ease of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban D evel o1sment or his or her designee. (C) Payment of Costs and lilxpenses If Lender has required im1neciiate payment in till, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest li'om the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Prese11tment" means the right to require Lender to demand payment of amounts due. "Notice of dish on or" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower Lmcler this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender sa notice of Borrower's different address, Any notice that must be given to Lender under ties Note will be given by first class mail to Lender at the address stated in Poingrapli. 4(8) or at a different adclress ifBorroWer is given a notice of that different address. 9. o»BLioA'rIoNs OF PERSONS UNDER TI-IIS NGTE If more than one person signs this Note, each person is iillly and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser oi' this Note is also obligated to do these things. Any person who takes over these obligations., including the obligations of a gnalolitor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights Linder this Note against each Any one person signing this Note may be required to pay all oldie amounts person in diviclually or against all signatories togethelz owed under this Note. BY SIGNING BELOW, Burrows accepts and agrees to the terms and covenants culurained in this Nota (Seal) }30lII"OV\'E E THOMPSON Loan Originator Organization: CALEBER HOME LUANS, INC. NMLS ID: 15622 Loan Originator: NIA NMLS ID' N/A LDKII Originator Organizadum HOME SOLUTION LENDERS INC. NMLS ID: 327291 Loan Griginator. RICHARD PEACGCK NMLS ID: 388654 FII'llll***-...-».m_. : Ia-q1am-an.1f¢.ua.1uuuu-nz r-=-l-1-Dr-I GTS3300(){J04 Page 2 of 3 WHA I-'lm~i:la Fixed Rate Note © 201 4 Go aa'dlanD nos } ..EF , Hil~l 34g1 81 ,r~;=.'4 I 'l14"P "4L'-M'4*1i9IfM.§."@'f**9EH"fM'.'E'f'.'$ 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8 m FHA Florida Fixed Ralrc Note © 2014 G u ardianDncs lllilfllillillFlllll"lllll'Ellillll'll~lllu'll§ll'9lil":ll"l Ill 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 9 Fay to the order of v\!Itl'\<:»ut recourse mans: In 'FE3li8aMedi ' ioliateral Team LM!! Cfollateral/ 1~12~14337713~2 Ill III lII I IllI no lll nu 1lIIu1II1IIIII11 1 loll loll III Ill 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 10 EXHIBIT 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 11 .W ww awl ' "Fb"f'¢§fr;au§'i 1"f7l$*"§4 "= nw 1131-iuiili .in. --gg;-l - leoll* Hue'.¢.5'73'3;"' -1:>r:u.:-e_ E"°'"8'é"§ »r:.im; ¢:u=.w~:w1»--Iuifz-wrer-W W 1i.$..1i9¥ ai3i5Il'.»¢£J» u4¢l1av9ll.u :f"*"'i*§'f»f"e*f4*";%*"§'3r*x'*f';'e*~°=-**=-~ mom £..'13EtI'r;:D'I87ltl£,* End: E::nnI:,!I1n:'1h :rf chirm rrinuuit iimmh lill.1nbammaJ.q11 Quant? -=re111ium iustulllueitt that Lender has not become obligated to pay to the Secretary, and Lender shall promptly relied any excess fluids to Borrower. Iuunediately prior to a lb1'c&losm'e sale of the Property or its acquisition by Lender, Bo1'l'oWor's account shall be credited with any balance remaining, for all installments for items (ri), (in), and (c). 3. Applicatlmi of Payments. All payments under Purugmphs 1 and 2 shall by applied by Lender as follows: 5 to the mortgag e insurance premium to be paid by Lender to the Secretary or to the montluly charge by the Secretary instead of the monthly mortgage insurance premium, Second, to any taxes, special assessments, leasel1ol.d payments or ground rc11ts, and fire, flood and otl1e1' hazard insurance premiums, as required; Third, to interest clue urlcler the Note, .Fo11a'tlw, to amortization ol'tl1e principal of tic Note; and ELM, to late charges clue under the Note. "Mnév-mwfusff.41»»lmar-r1M '§f»f»l»z.vr»9¢r;a4n4@¢-9f»» ~ H H F H A ~ 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 13 1 l 4. Fire, Flood and Otlwr I-Iazarcl insurance. Bo1.r<3wwer and to Lender jointly. All or any peat of the insurance proceeds may he applied by Lender, at its notion, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoratioru or repair* of the damaged Property. Any application no the proceeds to dte prinelpal shall not extend or postpone the due date of the monthly payments which are refers to in Paregrapla 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Enstrum end shall be paid tm the entity legally entltlecl thereto. In the event of Foreclosure of dais Security Instrument or other transfer of title to tile Property that extinguishes the i odelatedn ess, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Mnintenmlce mul Protection of the Properly; Borrowers Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Pl'ope1*ty as l3orrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrowers p1'inoi9al residence for at least one year after the date of occupancy, unless Lender determines that requil.eme11t will cause uncle hardship for Borrower, or unless extonlla.ting cir curn stan ces exist which are beyond Borrower's control. Borrower shall nosily Lender of' any extentlatiug circumstances. Borrower shall not commit Wtlsto or destroy, damage or stlbstantlally olmnge the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lend er may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable notion to protect and oreswve such vacant or abandoned Property. Borrower shall also be in delhnlt if Borrower, during the loan application process. gave materially false or inaccurate information orstf1temen'rs to Lender (or failed to provide Lender with any material information) in oonneotlon with the loan evidenced by the Note, lneludlng, but not limited to, represmtetions concerning Borrower's oecuoemzy of the Property as a principal residence. if this Security Iustrumellt is on a leasehold, Borrower shell comply with the provisions ot" the lease. If Borrower acquires fee title to the Property, the ieaseliolcl and fee title shall not bf: merged unless Lender agrees to the merger in writing. 6. Condem1iufion. The proceeds of any award or claim for damages, direct or consequential, in Conk emotion with any oonclemnation or other taking of any part of the Proiaerty, 01' for conveyance in place of condemnation, are hereby ussignw and shall be paid to Lender to the extent of the full amount of the indebtedness that relaniiins unpaid under the Note and this Security Instrument. Lender Shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any del i nqu elit amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in Paragraph 2, or change the amount of sr.1cl1 payments. Any excess proceeds over no amount required to pay all outstanding .indebtedness under the Note and this Security .[11strLm1ent shall be paid to the wtity legally entitled thereto. 7. Charges to Borrower and Protectioti of Lender's Rights in the P1'0I1el'ty, 'l3o1'rower shall pay all governmental or municipal clmrges, fines and impositions that are not included in Pel.agraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely 94uH.:=|wwmM=h|sa4mHm=n1w9@rmnf.»wm- 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 14 1 m s1HIect Lel1der's interest in the Property, upon Le11cle1"S l'<~:>quest B0:'1'Qwe1' sell promptly fi.1rr1ish to Lender 1'ecei]:~ts ovicimcirlg these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to pel°f'm'.11 any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender-'s rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the vale of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Pnragrnpll 2. Any amounts d isbt1rsed by Lender under this Palngraplt shall become an additional debt of'Borrower and be secured by this Security Instrument. These amounts shall hear interest from dle date of disbursement, rn the Note rate, amat the option of'Lender, shall be i1mnediateiy due and payable. Borrower shall promptly clischarge anylieu which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the pigment of the obligation secured by the lieu in a nmnnef acceptable to Lender, (in) contests in good faith the lien by, or defends against en ilor cemen L of time lien in, legal proceedings which in the Lende1*'s opinion operate to prevent the enforc:e1ne11t of the lien; or (co secures from the holder of the lien tm agreement satisfactory to Lender stlbo1'dinr1tiJ1g the lien to This Security Instrtnnent. If Lender determines that any part of the Property is subject to n lien which may attain priority over this Security Instrurnent, Lender may give Borrower a notice identifying the lien, Bo1°1'ower shall satisfy the lien or take one or more QF the actions set forth above within 10 days 0'lltl1e giving cfnotice. 8. Fees. Lender' may collect fees and charges eutl1o1'ized by the Secretary. 9. Grads for Accteleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment deieults, require hnmediete payment in full of all sums secured by this Security Instrument if: (i) Borrower clefinults by falling to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower deWults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lencler shall, if permitted by applicable law (including section 34I63) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U.S.C. l701_i~3(d)) and with the prior approval of the Sec1'etm.y, a'eqLIii~e immediate payment in 11a11 of all sums sectsretl lay this Security Inst1~un1ent iii (I) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or ot.l1e1°yvise. transferred (otter than by devise or descent), and .. (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the pilrohaser or grantee does so occupy the Property, but his or her credit has not been approved in accordemce with the requirements of the Sec1'eta1'y. (e) No Waiver. Ii'ei1lou111sE8oceS occur that Would permit Lender to require immediate peymmt in full, but Lender does not require such IJayments, Lender (]nest not waive its rights with respect to subsequent events. (cl) Regulations no HUB Secreislry. In may cireumstaimces regulations issued by die Secretary will limit Le11de1"'s rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security "histrumeiit does not audiorize ueeeleratioli or f:>1'eGIosu1'e if not permitted by regulations of the: Secretary. (e) Mortgage Nut Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing AGI; within 60 days item the date l1e1°eoi, Louder may, at its option, require immediate paynieut in full otsll some secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsea out to 60 days film the date hereof declining to insure this Security li1st1'ument and the Note., shall be deemed conclusive proof' of such ineligibility. Nolwithshmding the foregoing, this option may not be exercised Ill 944§n ° M§=»hWf4:r44.4na@mm34l=wu+*a¢m'e~m-hx-44lll 12/30/2015 5:38 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 15 by Lender when the unavailability <1T' insurance is snleiy due to Lender's failure to remit a mortgage insurance premium to the Secwtary. 10. Reixlsfatement. Borrower has a right to be reinstated if Lender has 1'equiI°®d immediate payment in iixil because no Borrowers iiailure to pay an amount due under the Note or this Security Instrmnent. This light applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument. Borrower shall tender in si lump sum all amounts required to bring Borrower's account current including, to the extent they are obligationsof Borrower Security ln srtruinent, uncie- this foreclosure costs and reasoiiable ami Guetomiwy attorneys'fees and expenses properly associated with the t`o1'eeloSure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in tiili. However, Lender is not required to permit reinstatement if (E) Lender has accepted rein stateinent after the connnencement of foreclosure proceedings within two years i1ninediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude Forecioeure en different grouncls in the fixture, or (iii} reinstatement Will adversely affect the priority of the lien created by this Security Inetrtnnent. ll. Harrower Not Released; For bea lmlee By Lender Net e Waiver. Extension of die time of payment or modification of amortization of the sums secured by this Security Instrument grunted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Bori-ower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or retiree to extend time fm' p uyrraent or otherwise modify stmortizetion of the sums scoured by this Security Instrument by reason of any demand made by the original Borrower or Borrovwi-'s Sucoessots in interest. Any fo1'l>eat'anoe by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Stnccessors and Assigns Bonne; Joint and Severn] Liability;Co-signers. The covenants and agreements of this Security nistrument shall bind and benefit the successors and assigns olILende1. and Borrower, subject to the provisions otIParagrapl1 9(l~»). Bo1'rower's covenants and agreements shall bejolnt and several. Any Borrower who co~sig11s dais Security inslrumeit but does not execute the Note: (a) is eo»signing dns Security Instrument only to mortgage, grant and omwey Thai Bo1'rower's interest in the Property zmder time terms of this Security Instrument; (b) is not personally obligated to pay the sums seourecl by this Security lnsu'ument; and Qc) agrees that Lender and any other ]3on°ower may agree to extend, modify, forbear or make any stcecmuuodatlons with 1'e;3;ard tm the reruns ofthls Security Instrument or the Note witlaout that Bom:-wer's consent, 13. Notices.Any notice to Bo vowel' provided Fm* in this Security Ins11'e1nent shall be given by delivering it or by mailing it by first class nail unless applioabie law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to .l..e11der shall he given by first class mail to Le11del"s address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrurnent shall be deemed to have been given to Borrower or Lclider when given as provided in this paragraph. 14. Governing Law; Severn biliiiy. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Securi1.y