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Filing # 137641081 E-Filed 11/01/2021 01:45:24 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
PENTAGON FEDERAL CREDIT UNION, CASE NO.: 20000862CA
Plaintiff,
VS.
UNKNOWN HEIRS, BENEFICIARIES,
DEVISEES, SURVIVING SPOUSE, GRANTEES,
ASSIGNEE, LIENORS, CREDITORS,
TRUSTEES, AND ALL OTHER PARTIES
CLAIMING AN INTEREST BY THROUGH
UNDER OR AGAINST THE ESTATE OF SAIMA
M. KELLEY, DECEASED; et al.,
Defendant(s).
/
NOTICE OF FILING AFFIDAVIT OF INDEBTEDNESS
Plaintiff, PENTAGON FEDERAL CREDIT UNION, by and through undersigned counsel, hereby
gives Notice of Filing the following items:
1.) AFFIDAVIT OF INDEBTEDNESS
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via E-Mail or
Regular U.S. Mail to the parties listed on the service list on this day of November , 2021.
ALDRIDGE PITE, LLP
Attorney for Plaintiff
1615 South Congress Avenue
Suite 200
Delray Beach, FL 33445
Telephone: 561-392-6391
Facsimile: 561-392-6965
Digitally signed by Zachary
Ullman
Date: 2021-11-01 09:18:39
By:
FBN: 106751
Primary E-Mail:ServiceMail@aldridgepite.com
Secondary E-Mail: edubreucq@aldridgepite.com
1634-014B
SERVICE LIS'
UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE,
LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY
THROUGH UNDER OR AGAINST THE ESTATE OF SAIMA M. KELLEY, DECEASED
1050 Yarmouth Street
Port Charlotte, FL 33952
Unknown tenant #1 N/K/A Aaron Kelley
1050 Yarmouth Street
Port Charlotte, FL 33952
Jennifer Day a/k/a Jennifer Kelley
3023 Daffodil Terrace
Punta Gorda, FL 33983
1634-014B
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
PENTAGON FEDERAL CREDIT UNION, CASE NO. 20000862CA
Plaintiff(s),
vs.
UNKNOWN HEIRS, BENEFICIARIES, DEVISEES,
SURVIVING SPOUSE, GRANTEES, ASSIGNEE,
LIENORS, CREDITORS, TRUSTEES, AND ALL
OTHER PARTIES CLAIMING AN INTEREST BY
THROUGH UNDER OR AGAINST THE ESTATE OF
SAIMA M. KELLEY, DECEASED; et al.,
Defendant(s).
AFFIDAVIT OF INDEBTEDNESS
STATE OF Teves )
COUNTY OF Catlin
BEFORE me, personally appeared L Ii byevs who, being of lawful age and after
being first duly sworn, deposes and says:
Tam ivector Mery 6. ‘6 of PENTAGON FEDERAL CREDIT UNION, the Plaintiff
in the instant foreclosure action. As _Divz r Mitte of PENTAGON FEDERAL
CREDIT UNION, I have persona! knowledge of the facts and matters stated herein, and I am
authorized to execute this Affidavit on behalf of PENTAGON FEDERAL CREDIT UNION.
The information contained in this affidavit is contained in the original books and records
maintained by Plaintiff and the records referenced or summarized herein constitute records,
electronically imaged documents, data compilations, or others (“the Records”) of activity and
transactions (“the Transactions”) relating to the servicing of the mortgage loan at issue in this
foreclosure action. The Records were made at or near the indicated time based on information
transmitted by, or from a person with knowledge of the Transactions. The Records are kept in the
course of PENTAGON FEDERAL CREDIT UNION’s regularly conducted business activity
which has a regular practice of making these records. In the course of my regular job duties | have
access to and am familiar with these Records, and I reviewed and relied upon these Records in
executing this Affidavit.
According to the Records, the Defendant has defaulted pursuant to the terms of the promissory note
and mortgage. The payment due on February 10, 2020 and all subsequent payments have not been
made. The default has not been cured and the Plaintiff has elected, in accordance with the terms of
the note and mortgage, to accelerate the payment of the entire principal sum, together with accrued
interest.
1634-014B
4. According to the Records, Plaintiff is the designated holder of the Note secured by the Mortgage
referenced in the Amended Complaint. True and correct copies of the note and mortgage at issue
in this foreclosure action are attached to this Affidavit as Exhibit “A”.
As of October 25, 2021, the following amounts are due and owing to Plaintiff upon said Note and
Mortgage:
a) Unpaid Principal Balance on the Note and $43,730.27
Mortgage:
b)
Accrued interest from 1/05/2020. $4,801.12
to 10/25/2021 (per diem: $7.30)
c) Escrow Advance: $0.00
qd) Pre-acceleration Late Charges: $50.00
e) Property Appraisal: $110.00
f) Property Inspections: $87.08
Property Preservation: $107.00
TOTAL PRINCIPAL, INTEREST AND EXPENSES: $48,885.47
On account of Defendant’s default under the note and mortgage sued upon herein, Plaintiff retained
its attorney of record and authorized the filing of this action. Further, Plaintiff has agreed to be
bound and obligated itself to pay said attorney for his/her services such sum as the Court shall
adjudge to be reasonable.
Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated
in it are true.
Pentagon Federal Credit Union
Affiant Signature:
Print Name:
ghafe Zou
Title: Divectez Mottofass t
nel et
FURTHER AFFIANT SAYETH NOT
Sworn to (or affirmed
notarization, this ie subs:
lay of
leans of Hp
Pa , by Diere
‘sical presence or [ ] online
(name of person
making this statement). of 7
q 3d (gO
STEPHANIE JO DAVIS
EO NOTARY PUBLIC ais
“Sig mature AN5 jotary Public)
STATE OF TEXAS Nota ‘ublic — State of Florida
MY COMM. EXP. 11/23/24
NOTARY 1D 13280508-0
Stet hate Sp Oxi
(Printgd, Typed, or Stamped Name of Notary)
(seal)
(1 Personally Known
[ ] Produced Identification Type of Identification Produced:
1634-014B
Financial Breakdown Form
Loan Number Breakdown Mortgage
Total Amount Reconciled $6,838.60] Type Recoverable
Start Date 9/25/2020]End Date 9/15/2021
Remaining against
Transaction Date Amount Trasaction Type total
9/15/2021 $107.00} Prop Pres $6,731.60
9/8/2021 $226.30} FC Costs $6,505.30
7/30/2021 $550.00 FC Costs $5,955.30}
7/23/2021 $1.91 FC Costs $5,953.39
7/23/2021 $700.00) FC Atty Fees $5,253.39
7/2/2021 $110.00 BPO $5,143.39
5/28/2021 $350.00] FC Atty Fees $4,793.39
5/28/2021 $2.13 FC Costs $4,791.26
5/7/2021 $17.00 Prop Insp $4,774.26
3/12/2021 $17.00 Prop Insp $4,757.26
2/12/2021 $17.00} Prop Insp $4,740.26
2/12/2021 $350.00) FC Atty Fees $4,390.26
2/12/2021 $1.42 FC Costs $4,388.84
1/28/2021 $17.00 Prop Insp $4,371.84
1/12/2021 $17.00 Prop Insp $4,354.84
12/29/2020 $570.01) FC Atty Fees $3,784.83
11/16/2020 $2.08} Prop Insp $3,782.75
11/16/2020 $522.25 FC Atty Fees $3,260.50
11/3/2020 $45.00 FC Atty Fees $3,215.50
10/23/2020 $1,250.00 FC Atty Fees $1,965.50
10/8/2020 $75.00 FC Atty Fees $1,890.50
9/29/2020 $1,230.00) FC Atty Fees $660.50)
9/25/2020 $410.00 FC Atty Fees $250.50
9/25/2020 $250.50} FC Atty Fees $0.00}
$0.00
$0.00)
$0.00}
$0.00
$0.00
$0.00;
$0.00}
$0.00
$0.00}
$0.00}
$0.00}
$0.00}
$0.00)
$0.00
$0.00]
$0.00
$0.00
$0.00}
$0.00}
$0.00}
$0.00
$0.00}
$0.00]
$0.00}
$0.00
$0.00
$0.00
$0.00]
$0.00
$0.00
$0.00}
$0.00}
$0.00}
$0.00
$0.00}
$0.00}
$0.00}
$0.00}
$0.00
$0.00
$0.00
$0.00}
$0.00}
$0.00
$0.00}
Total $6,838.60|Remaining Against total $0.00
$0.00]
EXHIBIT A
App!
Member
PENTAGON FEDERAL CREDIT UNION
FIXED HOME EQUITY PROMISSORY NOTE
The words “J, “me”, “my” and “we” mean each and all those who sign this Promissory Note (hereinafter referred to
as “Agreément”) as Borrower. The words “you te
“your” and “yours” mean the Pentagon Federal Credit Union or ahy
holder of this Agreemerit.
1. BORROWER'S PROMISE TO PAY. In return for a loan that I have received, | promisé to pay U.S. $45,000.00 »
(this amount will be called “principal"), plus interest, to the order of the Lender. The Lender is PENTAGON FEDERAL
CREDIT UNION. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under
this Note will be called the “Note Holde er”. The words ~ or “my” mean each person who signed the Note as maker,
guarantor, or borrower.
2, INTEREST. | will pay interest at a yearly rate of 6.090%. Interest will be charged on that part of principal which has
Hot been paid, Interest will be chai reed beginning on the date of this Note and continuing until the full amount of principal
has been paid,
3. PAYMENTS. I will pay principal and interest by making payments each month.
1 will make ry monthly payment on the 10th day of each month beginning on January 10,2019,
1 will make these payments every month until I have paid all of the principal and interest and any otlier- charges, described
below, that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be
applied to interest before principal. If, on December 10, 2038, | still owe ajnounts under this Note, I will pay all those
amounts, in full, on that date.
My monthly payment will be in the amourit of U.S. $325,22.
1 will send my monthly payments to PO Box 247050, Omaha, NE 68124 or at a different place if required by the Note 1
Holder. | understand if] haye indicated my intention to pay this loan by an Automated C! learing House funds transfer my {
signature below authorizes you to initiate the funds transferas | have instructed. ao
4. CLOSING COSTS-CONDITIONAL WAIVER. As a condition to receiving any Partial or tota] waiver of closing
costs associated with this loan, I agree not to close the account for a minimum of 24 months from the date of settlement.
If the account is closed during the foregoing 24 month period, the waiver will be rescinded and such closing costs will be
added to the balance of the account and will be due and payable immediately without notice or demand by you. I hereby 5
Understand and agtee that any such required repayment of closing costs is neither intended by you nor is deemed to be a
penalty for my action concerning the early closure of this account.
5, BORROWER'S FAILURE TO PAY AS REQUIRED.
(A) Late Charge for Overdue Payments. If my payment is 5 days or more late I will be charged a late charge of
20.000% of the past due amount or $25 for each late payment whichever is less. If my payment is.not honored of you
must return it to me because it could not be processed, a charge Will be made to my account in the ouint indicated for
"Returned Payment Check" on your current schedule of service fees, Copies of the fee schedulle are available by mail
or at any branch office. If you sue me because | default, T waive my tight to be tiied by a jury,
(B) Notice from Note Holder. If I do not pay the full amount of each monthly payment on time, the Note Holder
may send me written notice telling me that if | do not pay the overdue amount by a certain date I will be in default.
That date must be at least 10 days after the date on which the notice is mailed to me or; if it is not inailed, 10 days after
the date on which it is deliveredto me.
I, 2018412016.3.0.9054.N20170808Y
Form PF4105 (08/16) © Pentagon Federal raat
a
Uni
Page of 3
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({C) Default. If | do not pay the overdue amount by the date stated in the notice described. in (B) above, I will be iri
default, If | am in default, the Note: Holder may require me to pay immediately the full amountof principal which has
hot been paid and all interest that 1 owe on that note.
Even f ‘imé when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Noté Holder will still have the right to do so if lam in default at a later time.
(D) Payment of Note Holder's Costs and Expenses.If the Note Holder has reqitired me to pay immediately
in full as described above, the Note Holder will have the right to be paid back for all of its costs and expenses to the
extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney’s fees,
6, THIS NOTE SECURED BY A DEED OF TRUST/MORTGAGE. In addition to the protections given to the Note
Holder under this Note, a Deed of Trust/Mortgage, dated November 28, 2018, protects the Note Holder from possible
losses which might result if I do not keep the promises which | make in the Note. That Deed of Trust/Mottgage describes
how and under what conditions | may be required to make immediate payment in full of all amounts that 1 owe Under this
Note.
7. BORROWER'S PAYMENTS BEFORE THEY ARE DUE. | have the right to make payments of principal at
any time before they are due. A payment of principal only is known as a “prepayment.” When I make a prepayment, |
will tell the Note Holder in a letter that | am doing so. A prepayment
of all of the unpaid principal is known as a "full
prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment."
I may make a full prepayment ora partial prepayment without paying any penalty. The Note Holder will apply all of my
prepayments to principal, finance charge, and other charges as applicable. If | make a pattidl prepayment, there will be
no delays in the due dates or chahges in the amounts of triy thonthly payments unless the Note Holder agrees in writing
to those delays or changes. | ray make a full prepayment at any time. If 1 choose to make a partial prepayment, the Note
Holder may require theto make the prepayment on the same day that one of my monthly payments is due. The Note
Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have
been part of my next one or more monthly payments.
8. BORROWER'S WAIVERS. | waive my rights to require the Note Holder to do cetain things, Those things ‘are: (A)
to demand
R
ayment of amounts due (known as “presentment'"); (B) to give notice thiat arhoufnts due have not been paid
(known as notice of dishonor”); (C) to obtain an ‘official certification of nofpayrnent (known asa "protest"), Anyone else
who agrees to keép the profnises made in this Note, or who agrees to make payments to the Note Holder if fail to keep
my promises under this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons
are known as “guarantors, sureties and endorsers.” :
9. GIVING OF NOTICES. Any notice that must be given to me under this Note will be given by delivering it or by
mailing it by first class mail addressed to me at the Propetty Address above. A notice will be delivered or mailed to me at
a different address if 1 give the Note Holder a notice of my different address,
Any notice that must be giver to the Note Holder under this Note will be given by mailing it by first class mail to the Note
Holdep at the address stated in Section 3 above. A notice will be mailed to the Note Holder at different address if | am
given 4 notice ofthat different address,
10. RESPONSIBILITY OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each of us
is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any
guarantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated to do these things. The Note
Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that
any one of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or
obligations under this Note will have. all of my rights and must keep all of my promises made in this Note. Any person
who takes over the rights of a guarantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated
to keep all promises made in this Note, :
11. SALE OF NOTE; CHANGE OF LOAN SERVICER. } agree that this note or'a partial interest in it together with
any security instrument related to the Note may be sold one or more times without prior notice to me. A sale may result in
a change in the entity (known as the “loan servicer”) that collects monthly payments due under the Note and the security
instrument, There also may be one or more changes to the loan servicer unrelated to the sale of the Note. Any notice
related to this provision will be made by first class mail to the address of record of either the borrower or co-maker.
TT oy '2018112018;3.0:2054-N20179605Y
Form 40560161 Pasa Fo =
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Page 2of3
42. HOMESTEAD EXEMPTION. If permissible under state law, I waive and renounce any and all homestead
exemptions associated with property which is connected to this exténgion of credit to the extent that the Lender enforces
any obligations | have to pay the full amount owed and to keep all of the promises made in this Note and Deed of Trust/
Mortgage. This waiver of homestead is declared to be continuous in character, and shall take effect and be construed to
become operative contemporaneously with the creation of the Note and Deed of Trust/Mortgage.
Notice to Borrower: Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign,
Borrower
Saima M Kelley
Le Y-28+f
Date
(Sign Original Only)
Loan Origination Organization: Pentagon Federal C. U. Loan Originator: Hailey Steiner
NMLS ID: 401822 NMLS ID: 1326327 .
oe
se
Nat uty Loan=240 Monta Form PF4105 (08/16)
© Pentagon rete esate
2o10112016.3.0.9954.N20170808Y 90 30f 3
oe
cnantorre COUNTY CLERK OF CIRCUIT COURT OR BOOK: 4391, PGS: 2028 , PAGE: 1 OF 8 So
INSTR # 2671982 Doc. Type: MTG1, Recorded: 12/26/2018 at 3:30 PM.
Rec. Fee: RECORDING $69.50 $157.50 ERECORDED Cashier By: CRYSTAL.
ao ee
, Return to:
Serviceltnk
1355 Cherrington Pkwy
Moon Twp, PA 15108 NQ
This Document Was Prepared By:
Melissa Parks
Equity Department
400 Country Club Rd
Eiigerie, OR 9740)
State of Florida's Documentary Stamp Tax
required by law in the amount of N/A has
been pald to the Clerk of the Circuit Court
(or the County Comptroller, if applicable)
for'the County of Charlotte, State of
Florida,
Mortgage
The daie of this Mortgage (“Security Jnstruinent”) ig Novetnber 28; 2018.
Mortgagor Lender
Saima M Kelley ~ Pentagon Federal C, U,
a Single Woman Organized and existing under the laws of the
1050 Yarmouth Street United States
Port Charlotte, FL 33952 Box 1432
N Alexandria, VA 22313
1. Conveyance, For good and yaluable consideration, the receipt and sufficiency of which is
acknowledged, and to seciire thie Sectired Debt (defined below) and Mortgagor’s performance under
this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following
described property:
THE FOLLOWING DESCRIBED LAND; SITUATE, LYING AND BEING IN CHARLOTTE
COUNTY, FLORIDA, TO-WIT: LOT 2, BLOCK 804, PORT CHARLOTTE SUBDIVISION,
SECTION TWENTY SEVEN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 20, PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, Parcel Id:
402210102002
Parcel ID Numbe#: 462210102002
‘The property is located in Charlotte County at 1050 Yarmouth Street, Port Charlotte, Florida 33952,
MEd derbi ont itty paged
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights,
all water and riparian rights, ditches, and water stock and all existing and future improvements,
structures, fixtures, and replacements that may now, or at any time in the future, be part of the real
estate described above (all referred to as “Property").
2, Secured Debt and Future Advances. The tetin “Secured Debt ne iis defined as follows:
(A)The initial indebtedness secured by this Seoufity Instrument is the debt incurred under the
terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described
below and all their extensions, renewals, modifications or substitutions.
The promissory note signed by Saima M Kelley (the “Borrower” and dated the same date as
this Security Instrument.(the “Nove. The Note states that Borrower owes Lender forty five
thousand and 00/100 Dollars (U.S. $45,000.00) plus interest. Borrower has promised to pay
this debt in regular periodic payments ahd to pay the debt in full not later than December 10,
2038.
(B)All fiture advances rade within 20 years from the date of this Security Instrument from
Lender to Mortgagor or other future obligations of Mortgagor to Lender pursuant to section 4
of this Security Instrument under any promissory note, contract, guaranty, or other evidence of
debt executed by Mortgagor in favor of Lender after this Security Instrument whether or not
this Security Instrument is specifically referenced, If more than one person signs this Security
Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances
and future obligations that are given to or incurred by afy ofie ot more Mortgagor, or any one
or more Mortgagor and others. All futute advances and other future obligations are secured by
this Security Instrument even though all or part may not yet be advanced. All future advances
and other future obligations are secured as if made on the date of this Security Instrument,
Nothihg in this Security Instrument shall constitute a commitment to make additional or future
loans or advances in any amount. Any such commitment must be agreed to in a separate
writing.
(C)All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited
by law, including, but not limited to, liabilities for overdrafts relating to-any deposit account
agreement between Mortgagor and Lendet,
(D)All additional sums advanced and experises incurred by Lender for insuring, preserving or
otherwise protecting the Property and its value and any other sums advanced and expenses
inciirted by Lerider under the terms of this Security Instrument.
This Security Instrument will not secure any other debt if Lender fails to give any required notice of
the right of rescission.
This Security Instrument will not secure any other debt if Lender fails, with respect to that other debt,
to fulfill any necessary requirements or to conform to any limitations of Regulation Z and X that are
required for loans secured by the Property.
3. Maximum Obligation Limit. The total principal ammount secured by this Security Instrument
at any one time shall not exceed $45,000.00, This li ‘ation of amount does not include interest and
other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not
apply to advances made under the terms of this Security Instrument to protect Lender's security and to
perform any of the covenants contained in this Security Instrument,
~
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4, Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and
in accordance with the terms of the Secured Debt and this Security Instrument,
5. Warfanty of Title. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate
conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage
the Property. Mortgagof also warrants that the Property is unencumbered, except for encumbrances of
record,
6. Priof Security Interests. With regard to any other mortgage; deed of trust, security agreement or
other lien document that created a prior security interest or encufhbfance on the Property, Mortgagor
agrees;
(A)To make all payments when due and to perform or comply with all covenants.
(B) To promptly deliver to Lender any notices that Mortgagor receives from the holder,
(C)Not to allow any modification or extension of, nor to request any future advances undét any
note or agreement secured by the lien document without Lender's prior written consent,
7. Claims Against Title. Mortgagor will pay all taxés, assessments, liens, encumbrances, lease
payments, ground rents, utilities, and other charges relating to the Property when due, Lender may
requite Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts
evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that
would impair the'lien of this Security Instrument. Mortgagor agrees to assign to Lender; as réquésted
by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or
materials to maintain or improve the Property.
8. Due on Sale or Encumbrance. Lender may, at its option, declare the entire balance of the
Sécured Debt to be immediately due and payable upon the creation of, or contract for the creation of,
any lién, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed
by federal law,as applicable.
9. Warranties and Representations. Mortgagor has the right and authority to enter into this
Security Instrument. The execution and delivery of this Security Instrument will not violate any
agreemént governing Mortgagor or to which Mortgagor is a party.
10, Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good
condition and make all repairs that are reasonably necessary. Mortgagor shall not eotamit or allow any
waste, impairment, or deterioration of the Property, Mortgagor will keep the Property free of noxious
weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially
change without Lender's priot written consent. Mottgagor will not permit any change in any license,
restrictive covenant or easetyient without Lender's prior written consent. Mortgagor will notify Lender
of all demands, proceedings, claims and actions aj gainst Mortgagor, and of. any Joss or damage to the
Property.
Lender or Lender's agents may; at Lender's option, enter the Property at any reasonable time for the
purpose of inspecting the Property, Lender shall give Mortgagor notice at the time of.or before an
inspection speci; ing a feasonable purpose for the inspection. Any inspection of the Property shall be
entirely for Lendef's benefit and Mortgagor will in no way rely on Lender's inspection.
11, Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained
in this Security Instrument, Lender may, without notice, perform or cause them to be perforined,
Mortgagor appoints Lender as attomey in fact to sign Mortgagor’s name or pay any ainount necessary
App
Mor —,
Bankice 8}
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‘Wolters Kiuwar Financial Sorvices © 2014 2018112016.9.0.9854-N70170695Y vials
for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and
Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under
the law or this Security Instrument.
12, Assignment of Leases and Rerits. Mortgagor irrevocably grants, bargains, conveys and
mortgages to Lender as additional security all the right, title and interest in and to any and all existing
or future leases, subleases, and any other written or verbal agreements for the use and occupancy of
any portion of the Property, including any extensions, renewals, modifications or substitutions of
such agreements (all referred to as “Leases”) and rents, issues and profits (al! referred to as “Rents”),
Mortgagor will promptly provide Lender with true and correet copies of all existing and future Leases.
Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under
‘the terms of this Security Instrument.
Mortgagor agrees that this assignment is immediately effective between the parties to this Security
Instrument and effective as to third parties on the recording of this Security Instrument. Mortgagor
agrees that Lender is entitled-to notify Mortgagor or Moftgagor's tenants to make payments of Rents
due or to become due directly to Lender after sii¢h recording. However, Lender agrees not to notify
Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor in writing of the default
and demands that Mortgagot and Mortgagor's tenants pay all Rents due or to become due directly to
Lender. On feceiving notice of default, Mortgagor will endorse and deliver to Lender any payment of
Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not coimmingle
the Rents with any other funds. Any amounts collected will be applied.as provided in this Security
Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/
tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the
Leases and applicable law.
13. Leaseholds; Condominiums} Planned Unit Developments. Mortgagor agrees to comply
with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes
a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagot's
duties under the covenants, by-laws, or regulations of the condominium ot planned unit development.
14. Default. Mortgagor will be in default if any party obligated on the Secured Debt fails to make
payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security
Insttument of any other document executed for the purpose of creating, securing or guarantying the
Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any
person or entity obligated on the Secured Debt or that the prospect of any Payment or the value of the
Property is impaired shall also constitute an event of default.
15. Remedies on Default. In some instances, federal and state law will require Lender to provide
Mortgagor with notice of the right to cure or other notices and may establish time schedules for
foreclosuré actions, Subject to these limitations, if ‘any, Lender may accelerate the Secured Debt and
foreclose this Secufity Instrument in a manner provided by law if Mortgagor is in default,
At the option of Lendet, al] or any part of the agreed fees and charges, accrued interest and principal
shall become imm liately due and payable, efter giving notice if required by law, upon the occurrence
of a default or anytithe thereafter; In addition, Lender shall be entitled to ail the remedies provided by
law, the termis of the Secured Debt, this Security Instrument and any related documents. All remedies
are distinct, curnulative and not exclusive, and the Lender is entitled to all remedies provided at law or
equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial
payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings
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are filed shall not constitute a waiver of Lender's tight to require complete cure of any existing default.
By not exercising any remedy on Mortgagor's default, Lender does ‘Tot waive Lender's right to later
consider the event a default if it contifues ot happens again.
16, Expenses; Advances on CoVenants; Attorneys’ Fees; Collection Costs. Except
when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any
covenant in this Security Instrument. Mortgagor will also pay on demand ahy amount incurred by
Lender for insuring, inspecting, presetving or otherwise protecting the Property and Lender's security
interest. These expenses will bear interest from the date of the payment until paid in full at the highest
interest rate in effect as provided in the tetths of the Secured Debt. Mortgagor agrees to pay all costs
and expenses incutred by Lender in collecting, enforcing or protecting Lender's rights and remedies
undef this Secutity Instrument, This amount may include, but is not limited to, reasonable attorneys’
fees, court costs, and-other legal expenses. Expenses include, but are not limited to, attorneys’ fees
of 10 percent of the principal sum due or a larger amount as the court, judges as reasonable and just,
court costs and other legal expenses. These expenses are due and payable iniinediately, If not paid
immediately, these expenses will bear interest from the date of payment until paid in full at the highest
interest rate in effect as provided for in the terths of this Agreement. All fees and expenses will be
secured by the Property. To the exteft permitted by the United States Bankruptcy Code, Mortgagor
agtees to pay the reasonable attorneys’ fees Lender incursto collect the Loan Account Balance as
awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security Instrument
shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release.
17. Environmental Laws and Hazardous Substances; As used in this section, (1)
“Environmental Law" means, without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state
and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive
letters concerning the public health, safety, welfare, environment or a hazardous substance} and (2)
“Hazardous Substance" means any toxic, radioactive or hazardous material; waste, pollutant or
contaminant which has characteristics which render the substance dangerous or potentially dangerous
to the public health, safety, welfare or environment, The term includes, without imitation, any
substances defined as "hazardous material," "toxic substances," "Hazardous waste," or "hazardous
substance," under any Environinental Law.
Mortgagor tepresents, warrants and agrees that:
(A)Except as previously disclosed and acknowledged in writing to Lender, no Hazardous
Substance is or will be located, stored or released on or in the Property. This restriction does
not apply to small quantities of Hazardous Substances that are generally recognized to be
appropriate for the normal use and maintenance of the Propefty.
(B)Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every
tenant have been, are, and shall remain in full compliance with afly aplicable Environmental
Law.
(C)Mortgagor shall immediately notify Lender if a release of threatened felease of a Hazardous
Substance occurs on, under or about the Property or there i8 a violation of atiy Environinental
Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial
action in accordance with any Environmental Law;
(D)Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to
believe there is any pending or threatened investigation, claim, or proceeding relating to the
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felease of threatened release of'any Hazardous Substance or the violation of: any Environihental
Law,
18. Condemnation. Mortgagor will give Lender
;
prompt notice of any pending or threatened action,
by private or public entities to purchase or take any or all of the Property through condemnation,
eminent domain, or any other means. Moftgagot authorizes Lender.to intervene in Mortgagor's name
‘in any of the above described actions oy claims. Mortgagor assigns to Lender the proceeds of'any
award or clair for damages connected with a condemnation or other taking of all or any part of the
Propeity, Such proceeds shall be considered payments and will be applied as provided in this Security
Instrument, This assignment of proceeds is sul bject to the terms of any prior mottgage, deed of trust,
security agreement or other lien document.
19. Insurance. Mortgagor shall keep Propeity insured against loss by fire, flood, thett and other
hazards and risks reasonably associated with the Property due to its type and location. This insurance
shall be maintained in the arfiourits and for the periods that Lender requires. What Lender requires
pursuant to the preceding two sentences can change during the term of the Secured Debt. The
ins
Preview
Filing # 137641081 E-Filed 11/01/2021 01:45:24 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA PENTAGON FEDERAL CREDIT UNION, CASE NO.: 20000862CA Plaintiff, VS. UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY THROUGH UNDER OR AGAINST THE ESTATE OF SAIMA M. KELLEY, DECEASED; et al., Defendant(s). / NOTICE OF FILING AFFIDAVIT OF INDEBTEDNESS Plaintiff, PENTAGON FEDERAL CREDIT UNION, by and through undersigned counsel, hereby gives Notice of Filing the following items: 1.) AFFIDAVIT OF INDEBTEDNESS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via E-Mail or Regular U.S. Mail to the parties listed on the service list on this day of November , 2021. ALDRIDGE PITE, LLP Attorney for Plaintiff 1615 South Congress Avenue Suite 200 Delray Beach, FL 33445 Telephone: 561-392-6391 Facsimile: 561-392-6965 Digitally signed by Zachary Ullman Date: 2021-11-01 09:18:39 By: FBN: 106751 Primary E-Mail:ServiceMail@aldridgepite.com Secondary E-Mail: edubreucq@aldridgepite.com 1634-014B SERVICE LIS' UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY THROUGH UNDER OR AGAINST THE ESTATE OF SAIMA M. KELLEY, DECEASED 1050 Yarmouth Street Port Charlotte, FL 33952 Unknown tenant #1 N/K/A Aaron Kelley 1050 Yarmouth Street Port Charlotte, FL 33952 Jennifer Day a/k/a Jennifer Kelley 3023 Daffodil Terrace Punta Gorda, FL 33983 1634-014B IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA PENTAGON FEDERAL CREDIT UNION, CASE NO. 20000862CA Plaintiff(s), vs. UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY THROUGH UNDER OR AGAINST THE ESTATE OF SAIMA M. KELLEY, DECEASED; et al., Defendant(s). AFFIDAVIT OF INDEBTEDNESS STATE OF Teves ) COUNTY OF Catlin BEFORE me, personally appeared L Ii byevs who, being of lawful age and after being first duly sworn, deposes and says: Tam ivector Mery 6. ‘6 of PENTAGON FEDERAL CREDIT UNION, the Plaintiff in the instant foreclosure action. As _Divz r Mitte of PENTAGON FEDERAL CREDIT UNION, I have persona! knowledge of the facts and matters stated herein, and I am authorized to execute this Affidavit on behalf of PENTAGON FEDERAL CREDIT UNION. The information contained in this affidavit is contained in the original books and records maintained by Plaintiff and the records referenced or summarized herein constitute records, electronically imaged documents, data compilations, or others (“the Records”) of activity and transactions (“the Transactions”) relating to the servicing of the mortgage loan at issue in this foreclosure action. The Records were made at or near the indicated time based on information transmitted by, or from a person with knowledge of the Transactions. The Records are kept in the course of PENTAGON FEDERAL CREDIT UNION’s regularly conducted business activity which has a regular practice of making these records. In the course of my regular job duties | have access to and am familiar with these Records, and I reviewed and relied upon these Records in executing this Affidavit. According to the Records, the Defendant has defaulted pursuant to the terms of the promissory note and mortgage. The payment due on February 10, 2020 and all subsequent payments have not been made. The default has not been cured and the Plaintiff has elected, in accordance with the terms of the note and mortgage, to accelerate the payment of the entire principal sum, together with accrued interest. 1634-014B 4. According to the Records, Plaintiff is the designated holder of the Note secured by the Mortgage referenced in the Amended Complaint. True and correct copies of the note and mortgage at issue in this foreclosure action are attached to this Affidavit as Exhibit “A”. As of October 25, 2021, the following amounts are due and owing to Plaintiff upon said Note and Mortgage: a) Unpaid Principal Balance on the Note and $43,730.27 Mortgage: b) Accrued interest from 1/05/2020. $4,801.12 to 10/25/2021 (per diem: $7.30) c) Escrow Advance: $0.00 qd) Pre-acceleration Late Charges: $50.00 e) Property Appraisal: $110.00 f) Property Inspections: $87.08 Property Preservation: $107.00 TOTAL PRINCIPAL, INTEREST AND EXPENSES: $48,885.47 On account of Defendant’s default under the note and mortgage sued upon herein, Plaintiff retained its attorney of record and authorized the filing of this action. Further, Plaintiff has agreed to be bound and obligated itself to pay said attorney for his/her services such sum as the Court shall adjudge to be reasonable. Under penalties of perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true. Pentagon Federal Credit Union Affiant Signature: Print Name: ghafe Zou Title: Divectez Mottofass t nel et FURTHER AFFIANT SAYETH NOT Sworn to (or affirmed notarization, this ie subs: lay of leans of Hp Pa , by Diere ‘sical presence or [ ] online (name of person making this statement). of 7 q 3d (gO STEPHANIE JO DAVIS EO NOTARY PUBLIC ais “Sig mature AN5 jotary Public) STATE OF TEXAS Nota ‘ublic — State of Florida MY COMM. EXP. 11/23/24 NOTARY 1D 13280508-0 Stet hate Sp Oxi (Printgd, Typed, or Stamped Name of Notary) (seal) (1 Personally Known [ ] Produced Identification Type of Identification Produced: 1634-014B Financial Breakdown Form Loan Number Breakdown Mortgage Total Amount Reconciled $6,838.60] Type Recoverable Start Date 9/25/2020]End Date 9/15/2021 Remaining against Transaction Date Amount Trasaction Type total 9/15/2021 $107.00} Prop Pres $6,731.60 9/8/2021 $226.30} FC Costs $6,505.30 7/30/2021 $550.00 FC Costs $5,955.30} 7/23/2021 $1.91 FC Costs $5,953.39 7/23/2021 $700.00) FC Atty Fees $5,253.39 7/2/2021 $110.00 BPO $5,143.39 5/28/2021 $350.00] FC Atty Fees $4,793.39 5/28/2021 $2.13 FC Costs $4,791.26 5/7/2021 $17.00 Prop Insp $4,774.26 3/12/2021 $17.00 Prop Insp $4,757.26 2/12/2021 $17.00} Prop Insp $4,740.26 2/12/2021 $350.00) FC Atty Fees $4,390.26 2/12/2021 $1.42 FC Costs $4,388.84 1/28/2021 $17.00 Prop Insp $4,371.84 1/12/2021 $17.00 Prop Insp $4,354.84 12/29/2020 $570.01) FC Atty Fees $3,784.83 11/16/2020 $2.08} Prop Insp $3,782.75 11/16/2020 $522.25 FC Atty Fees $3,260.50 11/3/2020 $45.00 FC Atty Fees $3,215.50 10/23/2020 $1,250.00 FC Atty Fees $1,965.50 10/8/2020 $75.00 FC Atty Fees $1,890.50 9/29/2020 $1,230.00) FC Atty Fees $660.50) 9/25/2020 $410.00 FC Atty Fees $250.50 9/25/2020 $250.50} FC Atty Fees $0.00} $0.00 $0.00) $0.00} $0.00 $0.00 $0.00; $0.00} $0.00 $0.00} $0.00} $0.00} $0.00} $0.00) $0.00 $0.00] $0.00 $0.00 $0.00} $0.00} $0.00} $0.00 $0.00} $0.00] $0.00} $0.00 $0.00 $0.00 $0.00] $0.00 $0.00 $0.00} $0.00} $0.00} $0.00 $0.00} $0.00} $0.00} $0.00} $0.00 $0.00 $0.00 $0.00} $0.00} $0.00 $0.00} Total $6,838.60|Remaining Against total $0.00 $0.00] EXHIBIT A App! Member PENTAGON FEDERAL CREDIT UNION FIXED HOME EQUITY PROMISSORY NOTE The words “J, “me”, “my” and “we” mean each and all those who sign this Promissory Note (hereinafter referred to as “Agreément”) as Borrower. The words “you te “your” and “yours” mean the Pentagon Federal Credit Union or ahy holder of this Agreemerit. 1. BORROWER'S PROMISE TO PAY. In return for a loan that I have received, | promisé to pay U.S. $45,000.00 » (this amount will be called “principal"), plus interest, to the order of the Lender. The Lender is PENTAGON FEDERAL CREDIT UNION. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the “Note Holde er”. The words ~ or “my” mean each person who signed the Note as maker, guarantor, or borrower. 2, INTEREST. | will pay interest at a yearly rate of 6.090%. Interest will be charged on that part of principal which has Hot been paid, Interest will be chai reed beginning on the date of this Note and continuing until the full amount of principal has been paid, 3. PAYMENTS. I will pay principal and interest by making payments each month. 1 will make ry monthly payment on the 10th day of each month beginning on January 10,2019, 1 will make these payments every month until I have paid all of the principal and interest and any otlier- charges, described below, that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If, on December 10, 2038, | still owe ajnounts under this Note, I will pay all those amounts, in full, on that date. My monthly payment will be in the amourit of U.S. $325,22. 1 will send my monthly payments to PO Box 247050, Omaha, NE 68124 or at a different place if required by the Note 1 Holder. | understand if] haye indicated my intention to pay this loan by an Automated C! learing House funds transfer my { signature below authorizes you to initiate the funds transferas | have instructed. ao 4. CLOSING COSTS-CONDITIONAL WAIVER. As a condition to receiving any Partial or tota] waiver of closing costs associated with this loan, I agree not to close the account for a minimum of 24 months from the date of settlement. If the account is closed during the foregoing 24 month period, the waiver will be rescinded and such closing costs will be added to the balance of the account and will be due and payable immediately without notice or demand by you. I hereby 5 Understand and agtee that any such required repayment of closing costs is neither intended by you nor is deemed to be a penalty for my action concerning the early closure of this account. 5, BORROWER'S FAILURE TO PAY AS REQUIRED. (A) Late Charge for Overdue Payments. If my payment is 5 days or more late I will be charged a late charge of 20.000% of the past due amount or $25 for each late payment whichever is less. If my payment is.not honored of you must return it to me because it could not be processed, a charge Will be made to my account in the ouint indicated for "Returned Payment Check" on your current schedule of service fees, Copies of the fee schedulle are available by mail or at any branch office. If you sue me because | default, T waive my tight to be tiied by a jury, (B) Notice from Note Holder. If I do not pay the full amount of each monthly payment on time, the Note Holder may send me written notice telling me that if | do not pay the overdue amount by a certain date I will be in default. That date must be at least 10 days after the date on which the notice is mailed to me or; if it is not inailed, 10 days after the date on which it is deliveredto me. I, 2018412016.3.0.9054.N20170808Y Form PF4105 (08/16) © Pentagon Federal raat a Uni Page of 3 - ({C) Default. If | do not pay the overdue amount by the date stated in the notice described. in (B) above, I will be iri default, If | am in default, the Note: Holder may require me to pay immediately the full amountof principal which has hot been paid and all interest that 1 owe on that note. Even f ‘imé when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Noté Holder will still have the right to do so if lam in default at a later time. (D) Payment of Note Holder's Costs and Expenses.If the Note Holder has reqitired me to pay immediately in full as described above, the Note Holder will have the right to be paid back for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney’s fees, 6, THIS NOTE SECURED BY A DEED OF TRUST/MORTGAGE. In addition to the protections given to the Note Holder under this Note, a Deed of Trust/Mortgage, dated November 28, 2018, protects the Note Holder from possible losses which might result if I do not keep the promises which | make in the Note. That Deed of Trust/Mottgage describes how and under what conditions | may be required to make immediate payment in full of all amounts that 1 owe Under this Note. 7. BORROWER'S PAYMENTS BEFORE THEY ARE DUE. | have the right to make payments of principal at any time before they are due. A payment of principal only is known as a “prepayment.” When I make a prepayment, | will tell the Note Holder in a letter that | am doing so. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." I may make a full prepayment ora partial prepayment without paying any penalty. The Note Holder will apply all of my prepayments to principal, finance charge, and other charges as applicable. If | make a pattidl prepayment, there will be no delays in the due dates or chahges in the amounts of triy thonthly payments unless the Note Holder agrees in writing to those delays or changes. | ray make a full prepayment at any time. If 1 choose to make a partial prepayment, the Note Holder may require theto make the prepayment on the same day that one of my monthly payments is due. The Note Holder may also require that the amount of my partial prepayment be equal to the amount of principal that would have been part of my next one or more monthly payments. 8. BORROWER'S WAIVERS. | waive my rights to require the Note Holder to do cetain things, Those things ‘are: (A) to demand R ayment of amounts due (known as “presentment'"); (B) to give notice thiat arhoufnts due have not been paid (known as notice of dishonor”); (C) to obtain an ‘official certification of nofpayrnent (known asa "protest"), Anyone else who agrees to keép the profnises made in this Note, or who agrees to make payments to the Note Holder if fail to keep my promises under this Note, or who signs this Note to transfer it to someone else also waives these rights. These persons are known as “guarantors, sureties and endorsers.” : 9. GIVING OF NOTICES. Any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail addressed to me at the Propetty Address above. A notice will be delivered or mailed to me at a different address if 1 give the Note Holder a notice of my different address, Any notice that must be giver to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holdep at the address stated in Section 3 above. A notice will be mailed to the Note Holder at different address if | am given 4 notice ofthat different address, 10. RESPONSIBILITY OF PERSONS UNDER THIS NOTE. If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have. all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights of a guarantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated to keep all promises made in this Note, : 11. SALE OF NOTE; CHANGE OF LOAN SERVICER. } agree that this note or'a partial interest in it together with any security instrument related to the Note may be sold one or more times without prior notice to me. A sale may result in a change in the entity (known as the “loan servicer”) that collects monthly payments due under the Note and the security instrument, There also may be one or more changes to the loan servicer unrelated to the sale of the Note. Any notice related to this provision will be made by first class mail to the address of record of either the borrower or co-maker. TT oy '2018112018;3.0:2054-N20179605Y Form 40560161 Pasa Fo = i atvUnie, Page 2of3 42. HOMESTEAD EXEMPTION. If permissible under state law, I waive and renounce any and all homestead exemptions associated with property which is connected to this exténgion of credit to the extent that the Lender enforces any obligations | have to pay the full amount owed and to keep all of the promises made in this Note and Deed of Trust/ Mortgage. This waiver of homestead is declared to be continuous in character, and shall take effect and be construed to become operative contemporaneously with the creation of the Note and Deed of Trust/Mortgage. Notice to Borrower: Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign, Borrower Saima M Kelley Le Y-28+f Date (Sign Original Only) Loan Origination Organization: Pentagon Federal C. U. Loan Originator: Hailey Steiner NMLS ID: 401822 NMLS ID: 1326327 . oe se Nat uty Loan=240 Monta Form PF4105 (08/16) © Pentagon rete esate 2o10112016.3.0.9954.N20170808Y 90 30f 3 oe cnantorre COUNTY CLERK OF CIRCUIT COURT OR BOOK: 4391, PGS: 2028 , PAGE: 1 OF 8 So INSTR # 2671982 Doc. Type: MTG1, Recorded: 12/26/2018 at 3:30 PM. Rec. Fee: RECORDING $69.50 $157.50 ERECORDED Cashier By: CRYSTAL. ao ee , Return to: Serviceltnk 1355 Cherrington Pkwy Moon Twp, PA 15108 NQ This Document Was Prepared By: Melissa Parks Equity Department 400 Country Club Rd Eiigerie, OR 9740) State of Florida's Documentary Stamp Tax required by law in the amount of N/A has been pald to the Clerk of the Circuit Court (or the County Comptroller, if applicable) for'the County of Charlotte, State of Florida, Mortgage The daie of this Mortgage (“Security Jnstruinent”) ig Novetnber 28; 2018. Mortgagor Lender Saima M Kelley ~ Pentagon Federal C, U, a Single Woman Organized and existing under the laws of the 1050 Yarmouth Street United States Port Charlotte, FL 33952 Box 1432 N Alexandria, VA 22313 1. Conveyance, For good and yaluable consideration, the receipt and sufficiency of which is acknowledged, and to seciire thie Sectired Debt (defined below) and Mortgagor’s performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: THE FOLLOWING DESCRIBED LAND; SITUATE, LYING AND BEING IN CHARLOTTE COUNTY, FLORIDA, TO-WIT: LOT 2, BLOCK 804, PORT CHARLOTTE SUBDIVISION, SECTION TWENTY SEVEN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 20, PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, Parcel Id: 402210102002 Parcel ID Numbe#: 462210102002 ‘The property is located in Charlotte County at 1050 Yarmouth Street, Port Charlotte, Florida 33952, MEd derbi ont itty paged Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as “Property"). 2, Secured Debt and Future Advances. The tetin “Secured Debt ne iis defined as follows: (A)The initial indebtedness secured by this Seoufity Instrument is the debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. The promissory note signed by Saima M Kelley (the “Borrower” and dated the same date as this Security Instrument.(the “Nove. The Note states that Borrower owes Lender forty five thousand and 00/100 Dollars (U.S. $45,000.00) plus interest. Borrower has promised to pay this debt in regular periodic payments ahd to pay the debt in full not later than December 10, 2038. (B)All fiture advances rade within 20 years from the date of this Security Instrument from Lender to Mortgagor or other future obligations of Mortgagor to Lender pursuant to section 4 of this Security Instrument under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender after this Security Instrument whether or not this Security Instrument is specifically referenced, If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by afy ofie ot more Mortgagor, or any one or more Mortgagor and others. All futute advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument, Nothihg in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. (C)All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to-any deposit account agreement between Mortgagor and Lendet, (D)All additional sums advanced and experises incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses inciirted by Lerider under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. This Security Instrument will not secure any other debt if Lender fails, with respect to that other debt, to fulfill any necessary requirements or to conform to any limitations of Regulation Z and X that are required for loans secured by the Property. 3. Maximum Obligation Limit. The total principal ammount secured by this Security Instrument at any one time shall not exceed $45,000.00, This li ‘ation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument, ~ Sp 1D| coon a Monga josog FL Barkers ms™ oxzora Wolters Kiuwor Financial Sorvicas © 2014 2o19112018:3.0.3054-N20170605Y Page 2 of 8 - 4, Payments. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument, 5. Warfanty of Title. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagof also warrants that the Property is unencumbered, except for encumbrances of record, 6. Priof Security Interests. With regard to any other mortgage; deed of trust, security agreement or other lien document that created a prior security interest or encufhbfance on the Property, Mortgagor agrees; (A)To make all payments when due and to perform or comply with all covenants. (B) To promptly deliver to Lender any notices that Mortgagor receives from the holder, (C)Not to allow any modification or extension of, nor to request any future advances undét any note or agreement secured by the lien document without Lender's prior written consent, 7. Claims Against Title. Mortgagor will pay all taxés, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due, Lender may requite Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the'lien of this Security Instrument. Mortgagor agrees to assign to Lender; as réquésted by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 8. Due on Sale or Encumbrance. Lender may, at its option, declare the entire balance of the Sécured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lién, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law,as applicable. 9. Warranties and Representations. Mortgagor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreemént governing Mortgagor or to which Mortgagor is a party. 10, Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not eotamit or allow any waste, impairment, or deterioration of the Property, Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's priot written consent. Mottgagor will not permit any change in any license, restrictive covenant or easetyient without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions aj gainst Mortgagor, and of. any Joss or damage to the Property. Lender or Lender's agents may; at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property, Lender shall give Mortgagor notice at the time of.or before an inspection speci; ing a feasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lendef's benefit and Mortgagor will in no way rely on Lender's inspection. 11, Authority to Perform. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be perforined, Mortgagor appoints Lender as attomey in fact to sign Mortgagor’s name or pay any ainount necessary App Mor —, Bankice 8} Loanio ‘Wolters Kiuwar Financial Sorvices © 2014 2018112016.9.0.9854-N70170695Y vials for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. 12, Assignment of Leases and Rerits. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as “Leases”) and rents, issues and profits (al! referred to as “Rents”), Mortgagor will promptly provide Lender with true and correet copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under ‘the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument and effective as to third parties on the recording of this Security Instrument. Mortgagor agrees that Lender is entitled-to notify Mortgagor or Moftgagor's tenants to make payments of Rents due or to become due directly to Lender after sii¢h recording. However, Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor in writing of the default and demands that Mortgagot and Mortgagor's tenants pay all Rents due or to become due directly to Lender. On feceiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not coimmingle the Rents with any other funds. Any amounts collected will be applied.as provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/ tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. Leaseholds; Condominiums} Planned Unit Developments. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagot's duties under the covenants, by-laws, or regulations of the condominium ot planned unit development. 14. Default. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under the terms of this Security Insttument of any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any Payment or the value of the Property is impaired shall also constitute an event of default. 15. Remedies on Default. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosuré actions, Subject to these limitations, if ‘any, Lender may accelerate the Secured Debt and foreclose this Secufity Instrument in a manner provided by law if Mortgagor is in default, At the option of Lendet, al] or any part of the agreed fees and charges, accrued interest and principal shall become imm liately due and payable, efter giving notice if required by law, upon the occurrence of a default or anytithe thereafter; In addition, Lender shall be entitled to ail the remedies provided by law, the termis of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, curnulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings ‘gpi: FL Leon: Bankers: Syste \Wotur Koawor Saves 0204 ‘MPO Financ 2018112018.3.0.9054.N20170805Y og7018 Pago 4 of B are filed shall not constitute a waiver of Lender's tight to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does ‘Tot waive Lender's right to later consider the event a default if it contifues ot happens again. 16, Expenses; Advances on CoVenants; Attorneys’ Fees; Collection Costs. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand ahy amount incurred by Lender for insuring, inspecting, presetving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the tetths of the Secured Debt. Mortgagor agrees to pay all costs and expenses incutred by Lender in collecting, enforcing or protecting Lender's rights and remedies undef this Secutity Instrument, This amount may include, but is not limited to, reasonable attorneys’ fees, court costs, and-other legal expenses. Expenses include, but are not limited to, attorneys’ fees of 10 percent of the principal sum due or a larger amount as the court, judges as reasonable and just, court costs and other legal expenses. These expenses are due and payable iniinediately, If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terths of this Agreement. All fees and expenses will be secured by the Property. To the exteft permitted by the United States Bankruptcy Code, Mortgagor agtees to pay the reasonable attorneys’ fees Lender incursto collect the Loan Account Balance as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. Environmental Laws and Hazardous Substances; As used in this section, (1) “Environmental Law" means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance} and (2) “Hazardous Substance" means any toxic, radioactive or hazardous material; waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment, The term includes, without imitation, any substances defined as "hazardous material," "toxic substances," "Hazardous waste," or "hazardous substance," under any Environinental Law. Mortgagor tepresents, warrants and agrees that: (A)Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Propefty. (B)Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with afly aplicable Environmental Law. (C)Mortgagor shall immediately notify Lender if a release of threatened felease of a Hazardous Substance occurs on, under or about the Property or there i8 a violation of atiy Environinental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law; (D)Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the 19] Bross Syma FL "ng Woltore Kliwor Fina at Sarenn 2014 2018112018.9.0.3064-N20170608Y_ Pogovane Sot _— felease of threatened release of'any Hazardous Substance or the violation of: any Environihental Law, 18. Condemnation. Mortgagor will give Lender ; prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Moftgagot authorizes Lender.to intervene in Mortgagor's name ‘in any of the above described actions oy claims. Mortgagor assigns to Lender the proceeds of'any award or clair for damages connected with a condemnation or other taking of all or any part of the Propeity, Such proceeds shall be considered payments and will be applied as provided in this Security Instrument, This assignment of proceeds is sul bject to the terms of any prior mottgage, deed of trust, security agreement or other lien document. 19. Insurance. Mortgagor shall keep Propeity insured against loss by fire, flood, thett and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the arfiourits and for the periods that Lender requires. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. The ins