Preview
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IN THE CIRCUIT COURT OF THE
^S 5>'
9TH JUDICLAL CIRCUIT, IN AND FOR
ORANGE COUNTY, FLORIDA
CIVIL DIVISION
CASENO.:
GREENPOEvlT MORTGAGE FUNDING,
INC.,
Plaintiff,
vs.
IRMA ALVAREZ-MOSQUERA;
CENTRAL PARK LEE VISTA iZ} C3
1— CO
CONDOMINIUM ASSOCLATION, INC.; •^m,— H-
MORTGAGE ELECTRONIC •- ^ • '
— ^ ,
3:^*
'-'-•CD
REGISTRATION SYSTEMS '• -o --.
INCORPORATED, AS NOMINEE FOR OT
GREENPOnVT MORTGAGE FUNDING,
'S? X=
y-^^-zD
INC.; CARLOS A. MOSQUERA; JOHN —'C_J _5,
DOE; JANE DOE AS UNKNOWN iSm cp
CNJ TENANT (S) IN POSSESSION OF THE
SUBJECT PROPERTY,
Defendants.
Docketed By:
K. SNOW
COMPLAINT
The Plaintiflf, GREENPOBVT MORTGAGE FUNDEVG, INC., sues flie Defendants named in
the caption hereofland alleges:
COUNT I
This is an action to foreclose a mortgage on real property in ORANGE County, Florida.
On March 28,2006, CARLOS A. MOSQUERA AND IRMA ALVAREZ-MOSQUERA
executed and delivered a promissory note and Purchase Money Mortgage securing payment ofthe
same to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS BVCORPORATED, AS
NOMINEE FOR GREENPOINT MORTGAGE FUNDING, INC., which mortgage was
recorded in flie Oflficial Records Book 8589, Page 4557, offliePubhc Records ofORANGE
County, Florida and which mortgaged the property described therein, then owned by and in
possession ofsaid mortgagor. A copy ofthe note and mortgage are attached hereto and made a
part hereof
3. Plaintiffisthe owner ofsaid note.
4. Defendant(s), CARLOS A. MOSQUERA AND IRMA ALVAREZ-MOSQUERA, own(s) flie
property.
There has been a defauh under the note and mortgage held by Plaintiflf in that the payment due
January 1,2008 and all subsequent payments have not been made. Plaintiff declares the fiiU
amount due under the note and mortgage to be now due.
6. AU conditions precedent to the filing ofthis action has been performed or has occurred.
08-20126
7. There is now due, owing and impaid to the Plaintiffas ofthe date ofthe filing ofthiscomplaint
the following amounts on principal ofsaid note and mortgage: unpaid principal
balance: $ 105,550.00, plus interest, escrow, title search expenses for ascertaining necessary
parties to this suit, title search, title exam, filing fee, and attomeys fees and costs.
8. Plaintiffhas obligated itself to pay the undersigned attomeys a reasonable fee for their services
herein. Pursuant to the loan documents Plaintiflf is entitled to an award of attomeys fees.
9. Defendants, JOHN DOE and JANE DOE, as Unknown Tenant(s) in possession ofthe subject
property, may claim some interest in or Uen upon the subject property arising from being in actaal
possession of same, but interest, ifany, is subject and inferior to the lien of Plaintiff s mortgage.
10. The Defendant, CENTRAL PARK LV CONDOMINIUM ASSOCIATION, INC. may claim
some interest in or lien upon the subject property by virtae of Any unpaid Dues and/or
Assessments, Said interest, ifany, is subject and inferior to the lien ofPlaintifFs
mortgage.
11. The Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS
INCORPORATED, AS NOMINEE FOR GREENPOINT MORTGAGE FUNDEVG, EVC.
may claim some interest in or lien upon the subject property by virtae of Mortgage, which is
recorded at OfficialRecords Book 8589, Page 4579 offlie Public Records ofORANGE County.
Said interest, ifany, is subject and inferior to the lien of Plaintiflfs
mortgage.
WHEREFORE, Plaintiff prays as follows:
(a.) That this Court wiU take jurisdiction ofthis cause, the subject matter and the parties hereto,
(b.) That this Court ascertain and detennine the sums ofmoney due and payable to the Plaintiflf from
the Defendant(s), including without liniitation principal, interest, advances, attomey fees, and
costs pursuant to the loan documents,
(c.) Tliat the sum ofmoney found to be due as aforesaid be decreed by this Court to be a lien upon the
lands described in PlaintifPs mortgage,
(d.) That such lien be foreclosed in accordance with the mles and established practice ofthis Court,
and upon failure ofthe Defendants to pay the amount ofmoney found to be due by them to the
Plaintiflf, the said land be sold to satisfy said lien,
(e.) That this Court decree that the lien ofthe Plaintiffis
superior to any and aU right, title or interest
ofthe Defendants herein or any person or parties claiming by, through or under them since the
institation ofthissuit.
08-20126
(f) That all right, title or interest ofthe
Defendants or any person claiming by, through or under them
be forever barred and foreclosed,
(g.) That this Court grants general relief in this cause as in its discretion might be just and proper
including, but not limited to, a deficiencyjudgment, except where a discharge is appUcable, ifthe
proceeds ofthe sale are insuflBcient to pay PlaintiflPs claim.
Law OfBces of Marshall C.Watson, P.A.
1800 N.W. 49™ Street, Suite 120
Fort Lauderdale, FL 33309
Telephone: (954)453-0365
(800)441-2438
Facsimile: (954) 771-6052
By:_
y*-^ Amssa Bolton, Esq.
Bar Number: 0005193
Tenia C. Hunter
FBN 0016635
08-20126
Managing Attoraeys
Marshall C. Watson Telephone (954) 453-0365
Caryn A. Graliam Facsimile(954) 771-6052
Associate Attorneys Associate Attomeys
Patricia A. Arango Sara J. Hovsepian
Courtney J. Bannan Tenia Hunter
Anissa Bolton Emilio Lenzi
Jessica Cabrera David C. Levine
MizeU Campbell Wm. David Newman, J r
Tara Castillo
Linda Cbelvam LAW OFFICES Rebecca Nilsen
Mark Olivera
Connie Delisser OF MARSH.ALL C. WATSON Carri L. Pereyra
Nathalie F. Demesmin Amy Post
Ingrid Fadil 1800 NORTH WEST 49TH STREET, SUIFE #120
Andrew Scolaro
JeffreyFonseca FORT LAUDERDALE, FLORTOA 33309
Karen Tbompson
April Harriott Noel J. VanDenHouten
Maurice Hinton Scott R Weiss
Of Counsel
John A. Watson
May 13,2008
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT
15 U.S.C. SECTION 1692, AS AMENDED
RE: Property Address: 9037LEE VISTA BOULEVARD #1608 ORLANDO, FL 32829
0089148845
Owner: CARLOS A. MOSQUERA AND IRMA ALVAREZ-MOSQUERA
Mortgagor: CARLOS A. MOSQUERA AlvID IRMA ALVAREZ-MOSQUERA
Our File #: 08-20126
1. The Plaintiflf, GREENPOINT MORTGAGE FUNDING, INC., is flie creditor to whom the debt is
owed by those individuals who are obligated under the promissory note and mortgage.
2. The debtor may dispute the vahdity ofthis debt, or any portion thereof, within 30 days of receipt
ofthis Notice. Ifthe debtor faUs to dispute the debt within 30 days, the debt will be assumed vaUd
by the creditor.
3. Ifthe debtor notifies the creditor's law firm in writing within 30 days from receipt ofthis notice
that the debt, or any portion thereof, is disputed, the creditor's law fum
will obtain verification of
the debt, or a copy of a judgment and a copy ofthe verification will be mailed to the debtor by the
creditor's law finn. Collection efforts, resulting in additional attomey fees and costs however, will
continue during this 30 day period until this oflBce receives the written request for
verification.
4. Ifthe creditor named herein is not the original creditor, and ifthe debtor makes a written request
to the creditor's law firm within 30 days of receipt ofthis Notice, the name and addressofthe
original creditor will be mailed to the debtor by the creditor's law firm. Collection efforts,
resulting
in additional attomey fees and costs however, will continue during this 30 day period until this
office receives the written request for the name and address ofthe original creditor.
5. As ofMay 13, 2008, you owe a total amount of $109,545.97 in certified funds. Because of
interest, late charges, and other charges that may vary from day to day, the amount due on the day
you pay may be greater. Hence, ifyou pay the amount shown above, an adjustment may be may
08-20126
be greater. Hence, ifyou pay the amount shown above, an adjustment may be necessary after we
receive your certified fimds, in which event we will inform you before depositing the check for
collection. For further information, please call1-800-441-2438.
6. Written requests pursuant to this notice should be addressed to FAIR DEBT COLLECTION
CLERK, MarshaU C. Watson, P.A.
7. This communication is for the purpose of collecting a debt, and any information obtained from the
debtor will be used for that purpose.
8. The Law does not require me (the debt collector) to wait until the end ofthe thirty-day period
before suing you (the consumer) to collect this debt. Once a lawsuit is commenced, all judicial
remedies will be zealously pursued and attomey fees and costs, which you may be responsible for,
in whole or in part, will be incurred. If, however, you request proof of the debt or the name and
address ofthe original creditor within the thirty-day period which begins with your receipt ofthis
letter, the law requires me to suspend my efforts (through litigation or otherwise) to collect the
debt until I mail the requested information to you. Once the requested information is mailed to you
litigation efforts will resume.
9. Even though you are required to file a response to the lawsuit prior to the thirty (30) days, your
validation rights, as set forth in this notice, shall not expire for thirty (30) days.
08-20126
INSTR 20060347073
OR BK 08589 PG 4557 PGS=22
z HflRTHfl
0. HflYNXE, COHPTROLLER
cr ^nvprepared
. by or under the srqiervisloa of:
ORflNGECOUNTY, FL
Co ^'Iris Figueroa
04/17/2606 88:43:86 fl«
ocz NTG DOC TAX 369.60
IHTAHG IflX811.10
OUJ
-0. REC FEE 18S.50
ox n •'^10 Route 46, Suite 400
lUI-
ijji j/S&BOt Adtfress;
ujQ Ie sections of diis documrait are defined below aad odiei woids are defined in Sections 3, 11,
13, 18, 20 and 21. Ceitain rulesregardingthe usage ofwoids used in this document are also piovided in Section 16.
(A) "Security Instrument" means tfais document, yMcb is dated March 28, 2006, togetfaer wi& all Riders to
diis document
(B) "Borrower" is Carlos A. Mosquera
and IrmaAlvarei-Mosquera ,HOSBRND AND WIFE
. Bonower is tin moitgagor under this Secuiity InstnnnenL
(C) "MERS" is Moitgage Electronic Registration Systems, Inc. MERS is a separate coiporation diat is acting
solely as a nominee for Lender and Lendei's successois and assigns. MERS is tbe mortgagee imder this Secnrity
Instrument.MERS is organized and existing under the laws of Delaware, and has an addiess and telephone
number of P.O. Box 2026, Flint, MI 48501-2026, teL (888) 679-MERS.
Fterida MmrtfagF-Sin^ Fanily-Finide Mac/FrKkBe M>c UNIFORM INSTRUMENT
MEHS MotBOol FonnMIO OMI
— T H E C O M F U A N C S SOURCE, I N C ^ PBge l of
li i 4 x a i . Mm
MJ^
-:^*^ V
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Book8589/Page4557 CFN#20060247073 Page 1 of 22
(D) "Lender" is GreenPobit Mortgage Funding, I n c .
Lender is aCorporation oiganized and existing under the laws of
the State of New York.
Lender's address is 100 Wood Hollow Drive, Novato, CA 94945.
(E) "Note" means die promissoiy note signed by Bonowei and dated M a r c h 28, 2006.
The Note states that
Bonowei owes Lender
One Bundred Five Thousand Five H i u d r e d Flliy
and 00/1 OOths
Dollais (U.S. $105,550.00)
ptus inteiesL
Bonowei has piomised to pay dus debt in regular Peiiodic Payinents and to pay the debt in fiill not
latei than Aprfl 1,2036.
(F) "Properfy"means the property diat is described below under llie heading "Tiansfer
of Rights in the
Property."
(G) "Loan" means the debt evidenced by Ifae Note, phis interest, any prepayment charges and late charges due
under die Note, and all sums due undei fhis Security Instniment, ptus interest.
(H) "Riders" means all Rideis to this Security Instnunent tiiat are executed by Bonowei.
The following
Rideis are to be executed by Bonower [ctieck tiox a s appHcalile]:
I CKI Condominium Ridei
I Adjustable Rate Rider | | Second Home Ridei
I I BaUoon Rider I I Planned Unit Development Rider
I I Biweekly Payment Rider
^ 1-4 Family R i d a I I Revocable Trust Rider
I I Olfaei(s) [specify]
(I) "Applicable L a w " means all controlling applicable federal, state and local statutes, regulations, ordinances
and administrative mles and oideis (that liave die effect
of law) as well as all applicable finaL
non-appealable
judicial opinions.
(J) "Community Association Dues, Fees, and
Assessnients" means all dues, fees, assessments and otiiei
charges that are inqiosed on Bonowei or die Property by a condoininium association, honKowners association or
similar organization.
(K) "Electronic Funds Transfer" means any tiansfer of fiDids,-other Uian a transaction origmated by cfaeck,
draft, or similar paper instnunent, i ^ c f a is initiated through an electionic terminaL telephonic instrument, conqniter,
or magnetic tsqie so as to older, instiuct, oi auttiorize a finAnrinl institution to debit oi ciedit an account
Such teim
includes, but is not liimted to, point-of-sale transfeis, automated tellei mactmie transactions; tiansfeis initiated by
telephone, wire Iransfeis, and automated clearingiiouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "MisceUaneous Praceeds" means any condensation, settlement awaid of damages, o i pioceeds paid by
any diird party (othei dian insurance pioceeds paid under die coverages described in Section 5)
for(0 damage to,
or destruction o^ die Property; (ii) condemnation oi odier laking of all or any part ofdie Property; (iii) conveyance
in lieu of condensation; or (iv) misrepresentations of^ or oinissions as to, the value and/or condition ofdie Propeity.
Florida Moitga(C.Sm^c Fmnily-Funic M u / F n d d l e Mac UNIFORM INSTRUMENT
MERS Mo - Page4ofl5 _ MMIFIOWJ
- - Somchx.
JLt^
CA
Book8589/Page4560 CFN#20060247073 Page 4 of 22
Pioperty; (b) teasefaold payments oi ground rents on die Property, if any; (c) premiums foi any and all insuiance
requiied
by Lendertmder Section
5; and (d) M o i ^ g e
Insurancepiemiums,if any,
orany sums payabte
by
Bonower to Lender in lieu of tfae payment of Mortgage hisurance premiums in accordance witfa flte provisions of
Section10.Ttiese items are called "Escrow Items."
At origination oi at any time during tfae term of flte Loan,
Lendei may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Bonower,
and sucfa dues, fees and assessinents sfaall be an Escrow Item.
Bonower shall prompfly finnish to Lendei all notices
of amounts to be paid undei this Section.
Bonowei sfaall pay Lendei the Funds for Escrow Items unless Lender
waives Boirower's
obligation
to pay the Funds
foiany oi all Escrow Itenis.
Lender maywaive Boirowei's
obligation to pay to Lendei Funds for any or all Escrow Items at any tnne.
Any such waiver may only be in writing.
In ± e event of such waiver, Bonowei sliall pay direcfly, vibea and wliere payable, the amoimts due for any Escrow
Items for wtiich payment of Funds has been waived by Lender and, if Lotder requires, sliall fiunisfa to Lender
receipts evidencing such paynient wittiin such time period as Lender may require.
Bonower's obligation to make
sucfa paynKnts and to provide receipts shall for all puiposes be deemed to tie a covenant and agreement contained in
Itiis Security Instmment as die plnase "covenant and agreement" is used in Section 9.
If Bonower is obligated to
pay Escrow Items direcfly, puisuant to a waiver, and Boirower &ils to pay die amount due foi an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Bonower shall dien be obligated under
Section 9 to repay to Lender any such amount
Lender may revoke flte waiver as to any or all Esoxiw Items at any
time by a notice given in accordance with Section 15 and, upon such revocation. Borrower shall pay to Lender all
Funds, and in sucfa nmmint^, diat are dien required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to peimit Lendei to qqily the
Funds at flie time specified under RESPA, and (b) not to exceed die maximum amount a lender can require under
RESPA. Lender shall estimate die amount of Funds due on the tiasis of ctment data and reasonable estimates of
expenditures of futtu-e Escrow Items or otheiwise in acconlance with Applicable Law.
The Funds shall be held in an institution whose deposits aie insured by a federal agency, instmmentality, oi
entity (including Lendei, if Lender is an instimtion whose deposits are so insured) or in any Federal Home Loan
Bank. Lendei shall apply die Funds to pay die Escrow Itenis no latei tlian tfae time specified under RESPA.
Leiuler
shall not charge Bonower for holding and applying the Funds, annually analyzing Ifae escrow account, oi veiiiying
tfae Escrow Items, unless Lender pays Bonower inteiest on tfae Funds and AppUcable Law peimits Lender to make
such a chaige.
Unless an agreement is made in writing or AiqiUcable Law requiies interest to be paid on die Funds,
Lender shaU not be required to pay Borrower any interest or eamings on the Funds.
Borrower and Lender can agree
in writing, howevei, that interest shaU be paid on the Funds.
Lendei shaU give to Boirower, wifliout ctiarge, an
annual accounting of dte Finuls as required by RESPA.
Ifdiere is a smphis ofFunds tield in escrow, as defined undei RESPA, Lender stiaU account to Bonowei
for tfae excess funds in accoidance with RESPA.
If tfaere is a shoitage of Funds tield in escrow, as defined undei
RESPA, Lendershallnotify
Bonower as required by RESPA, and Boirowei shaU pay to Lendei flte amount
necessaiy to make iqi flie shortage in accoidance witfa RESPA, but in no more tfaan 12 monthly paynients.
Iflfaere is
a deficiency
of Funds held in escrow, as defined
under RESPA, Lender stiall notify
Boiroweras required
by
RESPA, and Borrower stiall pay to Lendei the amount necessary to make up the deficiency in accoidance witfa
RESPA, but in no more ttian 12 monflily payments.
Upon payment in fiiU of all sums secured by flns Security Instmment, Lender sliall pronqitiy refimd to
Bonower any Funds held by Lender.
4. Charges; Liens. Boirower stiall
pay alltaxes,assessments,
charges,
fines,
and mqiositions
attributabte to flie Property \«4iich can attain priorify over fliis Securify Instrament, leasehold payments oi ground
rents on the Properfy, if any, and Communify Association Dues, Fees, and Assessments, if any.
To tfae extent fliat
tbese items are Escrow Items, Boirowei stiall pay fliem in die manner provided in Section 3.
Bonower stiall prompfly
dischaige
anyUen \ ^ c h
haspriorify
overtfais
Securify
Instrumem unless
Boirower (a) agrees in writing to tfae payment of flie obligation secured by the Uen in a manner acceptable to
Lender, but only so long as Borrower
is performing such agreement; (b) contests the lien in good fiufli by, or
MERS ModlOcd Fonn 3010 OIAI
Florida Moi(gag»Single Family-Fannie Ma^Freddie Mac UNIFORM INSTRUMENT
—-THE COMnJANCE SOURCE, iNC— PageSofis
(LK
Book8589/Page4561 CFN#20060247073 Page 5 of 22
defends against enforcement
of die lien in, legal pioceedings wiiicb in Lender's opinion operate to prevent tfae
enforceinent of tfae Uen while tfaose proceedings are pending, but only until such proceedings aie concluded; oi (c)
secoies fium flte tioldei of dte Uen an agreement satisfactoiy
to Leitder subordinating tfae Uen to litis
Securify
InstiuiiKnt
If Lendei detennines fliat any part ofthe Pioperty is sabject to a Uen wfaich can attain priorify over ttiis
Securify Instniment Lender may give Boirower a notice identifying tfae hen.
Wifliin 10 days offlie date on wfaich
that notice is given. Borrower shall
satisfy
die Uen or take one or more of die actions set forth above in
this
Section 4.
Lender may require Boirower to pay a one-time charge foi a real estate lax verification and/or reporting
service used tiy Lender in connection with litis Loan.
5. Properfy Insurance.
Bonowei stiall keep tlte inqirovements now existing or ttereafter erected on flte
Properfy insured against loss by fire, liazards included wiflim flte teim "extended coverage," and any otfaer hazards
including, but not liinited to, earthquakes and floods, for nliich Lendei requires insuiance.
This insurance shaU be
maintained in the amounts (including deductible levels) and for die periods tfaat Lender requires.
What Lender
requires
puisuant
to flie preceding
sentences can
ctiange during tlie term of tfae Loan.
The insurance
camei
pioviding flie insurance shaU be chosen by Borrower subject to Lender's right to disapprove Boirower's choice,
whicfari^t
sfaaU not be exercised umeasonably.
Lender may require Borrower to pay, in connection witfa this Loan,
eitfaer
(a) a one-time cfaaige for flood zone detennination, certification
and tracking services; or (b) a one-time
ctiarge for flood zone detennination
and ceitification
seivices and subsequent cfaaiges eacfa time lemappings
or
similar Changes occm i ^ c h
reasonabfy
might affect
such deteimination or certification.
Bonower sfaaU also be
responsible for die payment ofany fees inqiosed by the Federal Emergency Management Agency in oonnection with
the review ofany flood zone detennination resulting fiom an objection by Botrower.
IfBorrower &ils to marntain any oftfae coverages described above. Lender may obtain insuiance coverage,
at Lender's option and Bonower's eiqiense.
Lender is under no obligation to purchase any particular type or amount
of coverage.
Ttierefore, such coverage shall cover Lendei, but migfat oi migiit not protect Boirower, Borrower's
equify in die Properfy, or the contenls offlie Properfy, against any risk, tiazard or liabilify and migfat provide greater
or lesser coverage d u n was previously in effect
Boirower acknowledges fliat flie cost offlie insuiance coverage so
obtainedmightsignificandy
exceedIfae cost of. insurance
that Borrower could
have obtained.Any amounts
disbursed by Lender under fliis Section
5 sfaall become
additional debt of Boirower
securedby diis
Securify
InstrumentThese amounts shall bear interest at the Note rate fiom flie date of disbuisement and shaU be payable,
with such interest upon notice fiom Leitder to Borrowei requesting payinent
AU insurance poUcies required by Lender and lenewals of such poUcies shaU tie subject to Lendei's riglit to
disapprove such poUcies, shaU include a standaid moi%age clause, and stiall name Lender as mortgagee and/or as an
additional loss payee.
Lender shall have die rigfat to hold the poUcies and renewal ceitificates.
If Lendei
requiies,
Boirower shall prompfly give to Lender all receipts ofpaid premiums and renewal notices.
If Bonower obtains any
form of insurance coverage, not otherwise required by Lendei, foi damage to, or destruction of^ the Properfy, such
poUcy sball inctude a slandaid moitgage clause and shaU name Lendei as mortgagee and/or as an additional toss
payee.
In tfae event of toss, Bonower shaU give pronqit notice to the insurance cairier and Lendei.
Lender may
make proof of loss if not made pronqifly by Bonower.
Unless Lender and Borrower otberwise agree in writing, any
insurance proceeds, i^ietlter or not Ifae underlying insurance was required by Lender, shall be appUed to
restoration
OI repair ofttie Properfy, ifthe restoration or repair is economicaUy feasible and Lendei's securify is not lessened.
During such repair and restoiation period. Lender stiall have tfae rigtit to hold such insurance proceeds until Lender
has liad an opportunify to inspect such Pioperty to ensure flte work has lieen conqileted to Lender's satis&ction,
provided that such inspection shaU be undertaken pronqidy.
Lender may disbuise pioceeds for tfae repaiis
and
restoration
in a single payment oi in a series ofprogress payments as Ifae woik is conqileted.
Unless an agieement is
made in writing or AppUcable Law requires interest to lie paid on sucfa insurance proceeds, Lendei stiaU not tie
requiied
to pay Boirower any interest or earnings on sucfa pioceeds.
Fees for pubUc adjusters, or ottier fliird parties,
retained
by Bonower shall not be paid out offlie insurance proceeds and shall be die sole obhgation of
Boirower.
MERS ModiBed Fonn 3010 01/01
Florida Mongage-Single Family-Fannie Mac/VWddie Mac UNIFORM INSTRUMENT
—THE COMPUANCE SOURCE, INO— Page6afis Kwin. 04m
»Sixate,bK.
8 8 4 5 1
Book8589/Page4562 CFN#20060247073 Page 6 of 22
If die restoration or repair is not economicaUy feasible or Lender's securify
woold tie lessened, the insurance
proceeds shaU be appU«l to die sums secured byfliisSecurify Instiument wfaeflier or not ttten due, witfa ttte excess,
ifany, paid to Boirower. Sucfa insurance proceeds stiall be iqqiUed inflteorder provided for in Section 2.
IfBorrower abandons flie Properfy, Lender may file, negotiate and setfle any available insurance claim and
related matteis.
IfBonowei does not respond wifliin 30 days to a notice fiom Lender that tbe insurance carrier has
ofiered to setfle a claim, titen Lender may negotiate and setfle the clahn.
The 30-day period wiD begin wtten the
notice is given.
In eidier event oi if Lender acquires Itte Propeify undei Section 22 oi otherwise, Bonower hereby
assigns to Lender (a) Boirower's rights to any insurance pioceeds in an amotmt not to exceed the amDunts mqiaid
under fhe Note or fliis Securify Instrument and (b) any o^er of Boirower's rigbts (otfaer tfaan the right to any refiind
of nneamed premiums paid by Boirower) under aO insuraitce poUcies covering tiie Propeify, insofar as such rights
are applicable to Ifae coverage offlie Propeify.
Lender may use die msurance proceeds eitfaer to repaii orrestorethe
Property or to pay amounts unpaid under tfae Note or tliis Securify Instrument i^ietfaei oi notfliendue.
6. Occupancy.Bonower sliaU occiqiy, establisli, and use die Properfy as Bonower's principal residence
wifltin
60 days after
tfae execution of tfais Securify Instrument and sfaall
continue to
occupy tfae Pioperfy
as
Bonower's principal residence for at least one year after tfae date of occiqiancy, unless Lender oflierwise agrees m
writing, which consent shaU not be unreasonably withheld, or unless extenuating circumstances exist v^ch
are
tieyond Boirower's controL
7. Preservation, Maintenance
and Protection
of the Property;
Inspections.
Borrower shaU not
desfroy, damage or inqiair the Properfy, aUow the Property to deteriorate or commit waste on the Property. Wliether
01 not Bonowei is residing in flte Property, Boirowet sttall maintani flte Propeify m oider to prevent the Properfy
fixim deteriorating or decreasing in valite due to its condition.
Unless it is deteimmed pursuant to Section 5 tfaat
repair or restoration is not econoinicaUy feasible, Boirowei shaU pronqitfy repair die Property if damaged to avoid
fiirtiier deterioration or dainage.
If insurance or condemnation pioceeds are paid in connection wifli damage to, bi
flie taking of; tfae Propeify, Boirowei stiaU be responsible foi repairing oi restoring tfae Properfy onty if Lender lias
released proceeds for sucfa puiposes.
Lender may disbuise proceeds for tfae repairs and restoration in a single
payment oi in a series ofprogress payments as tfae woik is conqileted.
Iftfae insurance oi condemnation pioceeds
aie not sufficient
to repair or restore flie Property, Bonower is not reUeved of Borrower's obUgation for tfae
completion ofsuch repair or restoration.
Lendei oi its agent may make reasonable entries upon and inspections of die Propeify.
Preview
Q (0 IN THE CIRCUIT COURT OF THE ^S 5>' 9TH JUDICLAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CIVIL DIVISION CASENO.: GREENPOEvlT MORTGAGE FUNDING, INC., Plaintiff, vs. IRMA ALVAREZ-MOSQUERA; CENTRAL PARK LEE VISTA iZ} C3 1— CO CONDOMINIUM ASSOCLATION, INC.; •^m,— H- MORTGAGE ELECTRONIC •- ^ • ' — ^ , 3:^* '-'-•CD REGISTRATION SYSTEMS '• -o --. INCORPORATED, AS NOMINEE FOR OT GREENPOnVT MORTGAGE FUNDING, 'S? X= y-^^-zD INC.; CARLOS A. MOSQUERA; JOHN —'C_J _5, DOE; JANE DOE AS UNKNOWN iSm cp CNJ TENANT (S) IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. Docketed By: K. SNOW COMPLAINT The Plaintiflf, GREENPOBVT MORTGAGE FUNDEVG, INC., sues flie Defendants named in the caption hereofland alleges: COUNT I This is an action to foreclose a mortgage on real property in ORANGE County, Florida. On March 28,2006, CARLOS A. MOSQUERA AND IRMA ALVAREZ-MOSQUERA executed and delivered a promissory note and Purchase Money Mortgage securing payment ofthe same to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS BVCORPORATED, AS NOMINEE FOR GREENPOINT MORTGAGE FUNDING, INC., which mortgage was recorded in flie Oflficial Records Book 8589, Page 4557, offliePubhc Records ofORANGE County, Florida and which mortgaged the property described therein, then owned by and in possession ofsaid mortgagor. A copy ofthe note and mortgage are attached hereto and made a part hereof 3. Plaintiffisthe owner ofsaid note. 4. Defendant(s), CARLOS A. MOSQUERA AND IRMA ALVAREZ-MOSQUERA, own(s) flie property. There has been a defauh under the note and mortgage held by Plaintiflf in that the payment due January 1,2008 and all subsequent payments have not been made. Plaintiff declares the fiiU amount due under the note and mortgage to be now due. 6. AU conditions precedent to the filing ofthis action has been performed or has occurred. 08-20126 7. There is now due, owing and impaid to the Plaintiffas ofthe date ofthe filing ofthiscomplaint the following amounts on principal ofsaid note and mortgage: unpaid principal balance: $ 105,550.00, plus interest, escrow, title search expenses for ascertaining necessary parties to this suit, title search, title exam, filing fee, and attomeys fees and costs. 8. Plaintiffhas obligated itself to pay the undersigned attomeys a reasonable fee for their services herein. Pursuant to the loan documents Plaintiflf is entitled to an award of attomeys fees. 9. Defendants, JOHN DOE and JANE DOE, as Unknown Tenant(s) in possession ofthe subject property, may claim some interest in or Uen upon the subject property arising from being in actaal possession of same, but interest, ifany, is subject and inferior to the lien of Plaintiff s mortgage. 10. The Defendant, CENTRAL PARK LV CONDOMINIUM ASSOCIATION, INC. may claim some interest in or lien upon the subject property by virtae of Any unpaid Dues and/or Assessments, Said interest, ifany, is subject and inferior to the lien ofPlaintifFs mortgage. 11. The Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED, AS NOMINEE FOR GREENPOINT MORTGAGE FUNDEVG, EVC. may claim some interest in or lien upon the subject property by virtae of Mortgage, which is recorded at OfficialRecords Book 8589, Page 4579 offlie Public Records ofORANGE County. Said interest, ifany, is subject and inferior to the lien of Plaintiflfs mortgage. WHEREFORE, Plaintiff prays as follows: (a.) That this Court wiU take jurisdiction ofthis cause, the subject matter and the parties hereto, (b.) That this Court ascertain and detennine the sums ofmoney due and payable to the Plaintiflf from the Defendant(s), including without liniitation principal, interest, advances, attomey fees, and costs pursuant to the loan documents, (c.) Tliat the sum ofmoney found to be due as aforesaid be decreed by this Court to be a lien upon the lands described in PlaintifPs mortgage, (d.) That such lien be foreclosed in accordance with the mles and established practice ofthis Court, and upon failure ofthe Defendants to pay the amount ofmoney found to be due by them to the Plaintiflf, the said land be sold to satisfy said lien, (e.) That this Court decree that the lien ofthe Plaintiffis superior to any and aU right, title or interest ofthe Defendants herein or any person or parties claiming by, through or under them since the institation ofthissuit. 08-20126 (f) That all right, title or interest ofthe Defendants or any person claiming by, through or under them be forever barred and foreclosed, (g.) That this Court grants general relief in this cause as in its discretion might be just and proper including, but not limited to, a deficiencyjudgment, except where a discharge is appUcable, ifthe proceeds ofthe sale are insuflBcient to pay PlaintiflPs claim. Law OfBces of Marshall C.Watson, P.A. 1800 N.W. 49™ Street, Suite 120 Fort Lauderdale, FL 33309 Telephone: (954)453-0365 (800)441-2438 Facsimile: (954) 771-6052 By:_ y*-^ Amssa Bolton, Esq. Bar Number: 0005193 Tenia C. Hunter FBN 0016635 08-20126 Managing Attoraeys Marshall C. Watson Telephone (954) 453-0365 Caryn A. Graliam Facsimile(954) 771-6052 Associate Attorneys Associate Attomeys Patricia A. Arango Sara J. Hovsepian Courtney J. Bannan Tenia Hunter Anissa Bolton Emilio Lenzi Jessica Cabrera David C. Levine MizeU Campbell Wm. David Newman, J r Tara Castillo Linda Cbelvam LAW OFFICES Rebecca Nilsen Mark Olivera Connie Delisser OF MARSH.ALL C. WATSON Carri L. Pereyra Nathalie F. Demesmin Amy Post Ingrid Fadil 1800 NORTH WEST 49TH STREET, SUIFE #120 Andrew Scolaro JeffreyFonseca FORT LAUDERDALE, FLORTOA 33309 Karen Tbompson April Harriott Noel J. VanDenHouten Maurice Hinton Scott R Weiss Of Counsel John A. Watson May 13,2008 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. SECTION 1692, AS AMENDED RE: Property Address: 9037LEE VISTA BOULEVARD #1608 ORLANDO, FL 32829 0089148845 Owner: CARLOS A. MOSQUERA AND IRMA ALVAREZ-MOSQUERA Mortgagor: CARLOS A. MOSQUERA AlvID IRMA ALVAREZ-MOSQUERA Our File #: 08-20126 1. The Plaintiflf, GREENPOINT MORTGAGE FUNDING, INC., is flie creditor to whom the debt is owed by those individuals who are obligated under the promissory note and mortgage. 2. The debtor may dispute the vahdity ofthis debt, or any portion thereof, within 30 days of receipt ofthis Notice. Ifthe debtor faUs to dispute the debt within 30 days, the debt will be assumed vaUd by the creditor. 3. Ifthe debtor notifies the creditor's law firm in writing within 30 days from receipt ofthis notice that the debt, or any portion thereof, is disputed, the creditor's law fum will obtain verification of the debt, or a copy of a judgment and a copy ofthe verification will be mailed to the debtor by the creditor's law finn. Collection efforts, resulting in additional attomey fees and costs however, will continue during this 30 day period until this oflBce receives the written request for verification. 4. Ifthe creditor named herein is not the original creditor, and ifthe debtor makes a written request to the creditor's law firm within 30 days of receipt ofthis Notice, the name and addressofthe original creditor will be mailed to the debtor by the creditor's law firm. Collection efforts, resulting in additional attomey fees and costs however, will continue during this 30 day period until this office receives the written request for the name and address ofthe original creditor. 5. As ofMay 13, 2008, you owe a total amount of $109,545.97 in certified funds. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, ifyou pay the amount shown above, an adjustment may be may 08-20126 be greater. Hence, ifyou pay the amount shown above, an adjustment may be necessary after we receive your certified fimds, in which event we will inform you before depositing the check for collection. For further information, please call1-800-441-2438. 6. Written requests pursuant to this notice should be addressed to FAIR DEBT COLLECTION CLERK, MarshaU C. Watson, P.A. 7. This communication is for the purpose of collecting a debt, and any information obtained from the debtor will be used for that purpose. 8. The Law does not require me (the debt collector) to wait until the end ofthe thirty-day period before suing you (the consumer) to collect this debt. Once a lawsuit is commenced, all judicial remedies will be zealously pursued and attomey fees and costs, which you may be responsible for, in whole or in part, will be incurred. If, however, you request proof of the debt or the name and address ofthe original creditor within the thirty-day period which begins with your receipt ofthis letter, the law requires me to suspend my efforts (through litigation or otherwise) to collect the debt until I mail the requested information to you. Once the requested information is mailed to you litigation efforts will resume. 9. Even though you are required to file a response to the lawsuit prior to the thirty (30) days, your validation rights, as set forth in this notice, shall not expire for thirty (30) days. 08-20126 INSTR 20060347073 OR BK 08589 PG 4557 PGS=22 z HflRTHfl 0. HflYNXE, COHPTROLLER cr ^nvprepared . by or under the srqiervisloa of: ORflNGECOUNTY, FL Co ^'Iris Figueroa 04/17/2606 88:43:86 fl« ocz NTG DOC TAX 369.60 IHTAHG IflX811.10 OUJ -0. REC FEE 18S.50 ox n •'^10 Route 46, Suite 400 lUI- ijji j/S&BOt Adtfress; ujQ Ie sections of diis documrait are defined below aad odiei woids are defined in Sections 3, 11, 13, 18, 20 and 21. Ceitain rulesregardingthe usage ofwoids used in this document are also piovided in Section 16. (A) "Security Instrument" means tfais document, yMcb is dated March 28, 2006, togetfaer wi& all Riders to diis document (B) "Borrower" is Carlos A. Mosquera and IrmaAlvarei-Mosquera ,HOSBRND AND WIFE . Bonower is tin moitgagor under this Secuiity InstnnnenL (C) "MERS" is Moitgage Electronic Registration Systems, Inc. MERS is a separate coiporation diat is acting solely as a nominee for Lender and Lendei's successois and assigns. MERS is tbe mortgagee imder this Secnrity Instrument.MERS is organized and existing under the laws of Delaware, and has an addiess and telephone number of P.O. Box 2026, Flint, MI 48501-2026, teL (888) 679-MERS. Fterida MmrtfagF-Sin^ Fanily-Finide Mac/FrKkBe M>c UNIFORM INSTRUMENT MEHS MotBOol FonnMIO OMI — T H E C O M F U A N C S SOURCE, I N C ^ PBge l of li i 4 x a i . Mm MJ^ -:^*^ V Qj^^ Book8589/Page4557 CFN#20060247073 Page 1 of 22 (D) "Lender" is GreenPobit Mortgage Funding, I n c . Lender is aCorporation oiganized and existing under the laws of the State of New York. Lender's address is 100 Wood Hollow Drive, Novato, CA 94945. (E) "Note" means die promissoiy note signed by Bonowei and dated M a r c h 28, 2006. The Note states that Bonowei owes Lender One Bundred Five Thousand Five H i u d r e d Flliy and 00/1 OOths Dollais (U.S. $105,550.00) ptus inteiesL Bonowei has piomised to pay dus debt in regular Peiiodic Payinents and to pay the debt in fiill not latei than Aprfl 1,2036. (F) "Properfy"means the property diat is described below under llie heading "Tiansfer of Rights in the Property." (G) "Loan" means the debt evidenced by Ifae Note, phis interest, any prepayment charges and late charges due under die Note, and all sums due undei fhis Security Instniment, ptus interest. (H) "Riders" means all Rideis to this Security Instnunent tiiat are executed by Bonowei. The following Rideis are to be executed by Bonower [ctieck tiox a s appHcalile]: I CKI Condominium Ridei I Adjustable Rate Rider | | Second Home Ridei I I BaUoon Rider I I Planned Unit Development Rider I I Biweekly Payment Rider ^ 1-4 Family R i d a I I Revocable Trust Rider I I Olfaei(s) [specify] (I) "Applicable L a w " means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative mles and oideis (that liave die effect of law) as well as all applicable finaL non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessnients" means all dues, fees, assessments and otiiei charges that are inqiosed on Bonowei or die Property by a condoininium association, honKowners association or similar organization. (K) "Electronic Funds Transfer" means any tiansfer of fiDids,-other Uian a transaction origmated by cfaeck, draft, or similar paper instnunent, i ^ c f a is initiated through an electionic terminaL telephonic instrument, conqniter, or magnetic tsqie so as to older, instiuct, oi auttiorize a finAnrinl institution to debit oi ciedit an account Such teim includes, but is not liimted to, point-of-sale transfeis, automated tellei mactmie transactions; tiansfeis initiated by telephone, wire Iransfeis, and automated clearingiiouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "MisceUaneous Praceeds" means any condensation, settlement awaid of damages, o i pioceeds paid by any diird party (othei dian insurance pioceeds paid under die coverages described in Section 5) for(0 damage to, or destruction o^ die Property; (ii) condemnation oi odier laking of all or any part ofdie Property; (iii) conveyance in lieu of condensation; or (iv) misrepresentations of^ or oinissions as to, the value and/or condition ofdie Propeity. Florida Moitga(C.Sm^c Fmnily-Funic M u / F n d d l e Mac UNIFORM INSTRUMENT MERS Mo - Page4ofl5 _ MMIFIOWJ - - Somchx. JLt^ CA Book8589/Page4560 CFN#20060247073 Page 4 of 22 Pioperty; (b) teasefaold payments oi ground rents on die Property, if any; (c) premiums foi any and all insuiance requiied by Lendertmder Section 5; and (d) M o i ^ g e Insurancepiemiums,if any, orany sums payabte by Bonower to Lender in lieu of tfae payment of Mortgage hisurance premiums in accordance witfa flte provisions of Section10.Ttiese items are called "Escrow Items." At origination oi at any time during tfae term of flte Loan, Lendei may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Bonower, and sucfa dues, fees and assessinents sfaall be an Escrow Item. Bonower shall prompfly finnish to Lendei all notices of amounts to be paid undei this Section. Bonowei sfaall pay Lendei the Funds for Escrow Items unless Lender waives Boirower's obligation to pay the Funds foiany oi all Escrow Itenis. Lender maywaive Boirowei's obligation to pay to Lendei Funds for any or all Escrow Items at any tnne. Any such waiver may only be in writing. In ± e event of such waiver, Bonowei sliall pay direcfly, vibea and wliere payable, the amoimts due for any Escrow Items for wtiich payment of Funds has been waived by Lender and, if Lotder requires, sliall fiunisfa to Lender receipts evidencing such paynient wittiin such time period as Lender may require. Bonower's obligation to make sucfa paynKnts and to provide receipts shall for all puiposes be deemed to tie a covenant and agreement contained in Itiis Security Instmment as die plnase "covenant and agreement" is used in Section 9. If Bonower is obligated to pay Escrow Items direcfly, puisuant to a waiver, and Boirower &ils to pay die amount due foi an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Bonower shall dien be obligated under Section 9 to repay to Lender any such amount Lender may revoke flte waiver as to any or all Esoxiw Items at any time by a notice given in accordance with Section 15 and, upon such revocation. Borrower shall pay to Lender all Funds, and in sucfa nmmint^, diat are dien required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to peimit Lendei to qqily the Funds at flie time specified under RESPA, and (b) not to exceed die maximum amount a lender can require under RESPA. Lender shall estimate die amount of Funds due on the tiasis of ctment data and reasonable estimates of expenditures of futtu-e Escrow Items or otheiwise in acconlance with Applicable Law. The Funds shall be held in an institution whose deposits aie insured by a federal agency, instmmentality, oi entity (including Lendei, if Lender is an instimtion whose deposits are so insured) or in any Federal Home Loan Bank. Lendei shall apply die Funds to pay die Escrow Itenis no latei tlian tfae time specified under RESPA. Leiuler shall not charge Bonower for holding and applying the Funds, annually analyzing Ifae escrow account, oi veiiiying tfae Escrow Items, unless Lender pays Bonower inteiest on tfae Funds and AppUcable Law peimits Lender to make such a chaige. Unless an agreement is made in writing or AiqiUcable Law requiies interest to be paid on die Funds, Lender shaU not be required to pay Borrower any interest or eamings on the Funds. Borrower and Lender can agree in writing, howevei, that interest shaU be paid on the Funds. Lendei shaU give to Boirower, wifliout ctiarge, an annual accounting of dte Finuls as required by RESPA. Ifdiere is a smphis ofFunds tield in escrow, as defined undei RESPA, Lender stiaU account to Bonowei for tfae excess funds in accoidance with RESPA. If tfaere is a shoitage of Funds tield in escrow, as defined undei RESPA, Lendershallnotify Bonower as required by RESPA, and Boirowei shaU pay to Lendei flte amount necessaiy to make iqi flie shortage in accoidance witfa RESPA, but in no more tfaan 12 monthly paynients. Iflfaere is a deficiency of Funds held in escrow, as defined under RESPA, Lender stiall notify Boiroweras required by RESPA, and Borrower stiall pay to Lendei the amount necessary to make up the deficiency in accoidance witfa RESPA, but in no more ttian 12 monflily payments. Upon payment in fiiU of all sums secured by flns Security Instmment, Lender sliall pronqitiy refimd to Bonower any Funds held by Lender. 4. Charges; Liens. Boirower stiall pay alltaxes,assessments, charges, fines, and mqiositions attributabte to flie Property \«4iich can attain priorify over fliis Securify Instrament, leasehold payments oi ground rents on the Properfy, if any, and Communify Association Dues, Fees, and Assessments, if any. To tfae extent fliat tbese items are Escrow Items, Boirowei stiall pay fliem in die manner provided in Section 3. Bonower stiall prompfly dischaige anyUen \ ^ c h haspriorify overtfais Securify Instrumem unless Boirower (a) agrees in writing to tfae payment of flie obligation secured by the Uen in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good fiufli by, or MERS ModlOcd Fonn 3010 OIAI Florida Moi(gag»Single Family-Fannie Ma^Freddie Mac UNIFORM INSTRUMENT —-THE COMnJANCE SOURCE, iNC— PageSofis (LK Book8589/Page4561 CFN#20060247073 Page 5 of 22 defends against enforcement of die lien in, legal pioceedings wiiicb in Lender's opinion operate to prevent tfae enforceinent of tfae Uen while tfaose proceedings are pending, but only until such proceedings aie concluded; oi (c) secoies fium flte tioldei of dte Uen an agreement satisfactoiy to Leitder subordinating tfae Uen to litis Securify InstiuiiKnt If Lendei detennines fliat any part ofthe Pioperty is sabject to a Uen wfaich can attain priorify over ttiis Securify Instniment Lender may give Boirower a notice identifying tfae hen. Wifliin 10 days offlie date on wfaich that notice is given. Borrower shall satisfy die Uen or take one or more of die actions set forth above in this Section 4. Lender may require Boirower to pay a one-time charge foi a real estate lax verification and/or reporting service used tiy Lender in connection with litis Loan. 5. Properfy Insurance. Bonowei stiall keep tlte inqirovements now existing or ttereafter erected on flte Properfy insured against loss by fire, liazards included wiflim flte teim "extended coverage," and any otfaer hazards including, but not liinited to, earthquakes and floods, for nliich Lendei requires insuiance. This insurance shaU be maintained in the amounts (including deductible levels) and for die periods tfaat Lender requires. What Lender requires puisuant to flie preceding sentences can ctiange during tlie term of tfae Loan. The insurance camei pioviding flie insurance shaU be chosen by Borrower subject to Lender's right to disapprove Boirower's choice, whicfari^t sfaaU not be exercised umeasonably. Lender may require Borrower to pay, in connection witfa this Loan, eitfaer (a) a one-time cfaaige for flood zone detennination, certification and tracking services; or (b) a one-time ctiarge for flood zone detennination and ceitification seivices and subsequent cfaaiges eacfa time lemappings or similar Changes occm i ^ c h reasonabfy might affect such deteimination or certification. Bonower sfaaU also be responsible for die payment ofany fees inqiosed by the Federal Emergency Management Agency in oonnection with the review ofany flood zone detennination resulting fiom an objection by Botrower. IfBorrower &ils to marntain any oftfae coverages described above. Lender may obtain insuiance coverage, at Lender's option and Bonower's eiqiense. Lender is under no obligation to purchase any particular type or amount of coverage. Ttierefore, such coverage shall cover Lendei, but migfat oi migiit not protect Boirower, Borrower's equify in die Properfy, or the contenls offlie Properfy, against any risk, tiazard or liabilify and migfat provide greater or lesser coverage d u n was previously in effect Boirower acknowledges fliat flie cost offlie insuiance coverage so obtainedmightsignificandy exceedIfae cost of. insurance that Borrower could have obtained.Any amounts disbursed by Lender under fliis Section 5 sfaall become additional debt of Boirower securedby diis Securify InstrumentThese amounts shall bear interest at the Note rate fiom flie date of disbuisement and shaU be payable, with such interest upon notice fiom Leitder to Borrowei requesting payinent AU insurance poUcies required by Lender and lenewals of such poUcies shaU tie subject to Lendei's riglit to disapprove such poUcies, shaU include a standaid moi%age clause, and stiall name Lender as mortgagee and/or as an additional loss payee. Lender shall have die rigfat to hold the poUcies and renewal ceitificates. If Lendei requiies, Boirower shall prompfly give to Lender all receipts ofpaid premiums and renewal notices. If Bonower obtains any form of insurance coverage, not otherwise required by Lendei, foi damage to, or destruction of^ the Properfy, such poUcy sball inctude a slandaid moitgage clause and shaU name Lendei as mortgagee and/or as an additional toss payee. In tfae event of toss, Bonower shaU give pronqit notice to the insurance cairier and Lendei. Lender may make proof of loss if not made pronqifly by Bonower. Unless Lender and Borrower otberwise agree in writing, any insurance proceeds, i^ietlter or not Ifae underlying insurance was required by Lender, shall be appUed to restoration OI repair ofttie Properfy, ifthe restoration or repair is economicaUy feasible and Lendei's securify is not lessened. During such repair and restoiation period. Lender stiall have tfae rigtit to hold such insurance proceeds until Lender has liad an opportunify to inspect such Pioperty to ensure flte work has lieen conqileted to Lender's satis&ction, provided that such inspection shaU be undertaken pronqidy. Lender may disbuise pioceeds for tfae repaiis and restoration in a single payment oi in a series ofprogress payments as Ifae woik is conqileted. Unless an agieement is made in writing or AppUcable Law requires interest to lie paid on sucfa insurance proceeds, Lendei stiaU not tie requiied to pay Boirower any interest or earnings on sucfa pioceeds. Fees for pubUc adjusters, or ottier fliird parties, retained by Bonower shall not be paid out offlie insurance proceeds and shall be die sole obhgation of Boirower. MERS ModiBed Fonn 3010 01/01 Florida Mongage-Single Family-Fannie Mac/VWddie Mac UNIFORM INSTRUMENT —THE COMPUANCE SOURCE, INO— Page6afis Kwin. 04m »Sixate,bK. 8 8 4 5 1 Book8589/Page4562 CFN#20060247073 Page 6 of 22 If die restoration or repair is not economicaUy feasible or Lender's securify woold tie lessened, the insurance proceeds shaU be appU«l to die sums secured byfliisSecurify Instiument wfaeflier or not ttten due, witfa ttte excess, ifany, paid to Boirower. Sucfa insurance proceeds stiall be iqqiUed inflteorder provided for in Section 2. IfBorrower abandons flie Properfy, Lender may file, negotiate and setfle any available insurance claim and related matteis. IfBonowei does not respond wifliin 30 days to a notice fiom Lender that tbe insurance carrier has ofiered to setfle a claim, titen Lender may negotiate and setfle the clahn. The 30-day period wiD begin wtten the notice is given. In eidier event oi if Lender acquires Itte Propeify undei Section 22 oi otherwise, Bonower hereby assigns to Lender (a) Boirower's rights to any insurance pioceeds in an amotmt not to exceed the amDunts mqiaid under fhe Note or fliis Securify Instrument and (b) any o^er of Boirower's rigbts (otfaer tfaan the right to any refiind of nneamed premiums paid by Boirower) under aO insuraitce poUcies covering tiie Propeify, insofar as such rights are applicable to Ifae coverage offlie Propeify. Lender may use die msurance proceeds eitfaer to repaii orrestorethe Property or to pay amounts unpaid under tfae Note or tliis Securify Instrument i^ietfaei oi notfliendue. 6. Occupancy.Bonower sliaU occiqiy, establisli, and use die Properfy as Bonower's principal residence wifltin 60 days after tfae execution of tfais Securify Instrument and sfaall continue to occupy tfae Pioperfy as Bonower's principal residence for at least one year after tfae date of occiqiancy, unless Lender oflierwise agrees m writing, which consent shaU not be unreasonably withheld, or unless extenuating circumstances exist v^ch are tieyond Boirower's controL 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shaU not desfroy, damage or inqiair the Properfy, aUow the Property to deteriorate or commit waste on the Property. Wliether 01 not Bonowei is residing in flte Property, Boirowet sttall maintani flte Propeify m oider to prevent the Properfy fixim deteriorating or decreasing in valite due to its condition. Unless it is deteimmed pursuant to Section 5 tfaat repair or restoration is not econoinicaUy feasible, Boirowei shaU pronqitfy repair die Property if damaged to avoid fiirtiier deterioration or dainage. If insurance or condemnation pioceeds are paid in connection wifli damage to, bi flie taking of; tfae Propeify, Boirowei stiaU be responsible foi repairing oi restoring tfae Properfy onty if Lender lias released proceeds for sucfa puiposes. Lender may disbuise proceeds for tfae repairs and restoration in a single payment oi in a series ofprogress payments as tfae woik is conqileted. Iftfae insurance oi condemnation pioceeds aie not sufficient to repair or restore flie Property, Bonower is not reUeved of Borrower's obUgation for tfae completion ofsuch repair or restoration. Lendei oi its agent may make reasonable entries upon and inspections of die Propeify.