Preview
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT ^ P>
OF FLORIDA, IN AND FOR ORANGE COUNTY V
CIVIL DIVISION
THE BANK OF NEW YORK, FOR THE BENEFIT OF THE
CERTIFICATE HOLDERS, (JWALT, INC.^ALTERNATIVE LOAN
TRUST 2007-OA4 MORTGAGE PASS-THROUGH CERTIFICATES, f>,ry ^ ^ <.. f^A
SERIES 2007- OA4 ^^^^ ^ ^ Q < ^ - ^ ^ ' (I (^ ^ - t )
Plaintiff
vs.
Division 53.
AMANDAAGUILAR aka AMANADA AGUILAR AND JULIOC. •:-> CD
AGUIRRE aka JULIO AGUIRRE,, STONEBRIDGE RESERVE C co
CONDOMINIUM ASSOCLATIO^J, INC.: METROWEST MASTER 9?
ASSOCLATION, INC., AND UNK^OW>l TENANTS/OWNERS, ^,- fi: ^ S»
Defendants. OOCKe*e f^£2y^
„.-. on
COMPLAINT .~^rj S
Piaintifif, THE BANK OF NEW YORK, FOR THE BENEFIT OF THE CERTIFICATE HOLDERS, CWALT, INQ,
ALTERNATIVE LOAN TRUST 2007 -OA4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- b'A4, by and
through its undersigned attomeys, sues Defendants, AMANDA AGUILAR aka AMANADA AGUILAR AND JULIO C.
AGUIRRE aka JULIO AGUIRRE, STONEBRIDGE RESERVE CONDOMINIUM ASSOCLATION, INC. ; METROWEST
MASTER ASSOCLATION, INC., and UNKNOWN TENANTS/OWNERS, and states:
GENERAL ALLEGATIONS
1. THE BANK OF NEW YORK, FOR THE BENEHT OF THE CERTIFICATE HOLDERS, CWALT, INC.,
ALTERNATIVE LOAN TRUST 2007 -0A4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- OA4, is the
holder ofthe Note and Mortgage which are the subject ofthis suit.
2. Defendant(s), AMANDA AGUILAR aka AMANADA AGUILAR AND JULIO C. AGUIRRE aka JULIO
AGUIRRE, is/are the record owner(s) ofthe property sought to be foreclosed by the Plaintiflf, and hold title to the property subject
to the Mortgage described herein.
3. Defendants, STONEBRIDGE RESERVE CONDOMINIUM ASSOCIATION, INC.; METROWEST MASTER
ASSOCIATION, INC., and UNKNOWN TENANTS/OWNERS, are persons and/or entities who have or may claim some right,
^ /^ title, interest, or lien in, to, or upon the Property described below.
.^ 4. On NOVEMBER 20, 2006, JULIO C AGUIRRE AND AMANDA AGUILAR, HUSBAND AND WIFE,
^ executed and delivered a Note, and a Purchase Money Mortgage securing the Note in favor of PULTE MORTGAGE LLC. The
Mortgage was recorded on DECEMBER 27, 2006 in OfiBcial Records Book 9034, Page 524, ofthe Public Records ofOrange
SyTv ^"^ County, Florida. A copy ofthe Mortgage and Promissory Note is attached hereto. Said Note and Mortgage were subsequently
v]x "^ assigned and/or endorsed in favor ofthe Plaintiff. Said Assignment(s) and endorsements are attached hereto, and incorporated
^ \ ^y reference herein.
5. Plaintiffnow owns and is the holder ofthe Note and Mortgage.
6. A default exists under the Note and Mortgage as a result ofa lack ofpayment ofthe installment due October
'1,2007, and all subsequent payments on the Note.^
7. PlaintiflFhas, ifrequired by the Note or Mortgage, demanded payment ofthe obligation reflected by the aforesaid
Note and Mortgage, but despite such demand, said default has not been cured.
8. Plaintiflf hereby accelerates all principal and interest imder the
Note and Mortgage to be immediately due and
payable.
9. Plaintiffis due the sum ofTWO HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED SEVENTY
EIGHT AND 80/00 Dollars ($227,378.80) in principal under the Note and Mortgage, plus interest from September 1,2007, title
search expenses for ascertaining necessary parties to this action, unpaid taxes, insurance premiums, accumulated late charges, and
inspection fees.
10. As a result ofthe default under the Note and Mortgage, it has become necessary for the Piaintifif to employ the
imdersigned attomeys to prosecute this action, and Plaintiflfhas
agreed to pay such attomeys a reasonable fee for their services.
Under the terms and provisions ofthe Note and Mortgage, Plaintiflf is entitled to recover its reasonable attomey's fees in bringing
this action. Piaintifif alleges that a reasonable attomey's fee in this matter would be $1,250.00 and will seek an award
ofsuch
amount in the event that a defaultjudgment is entered against the Defendant.In the event that this matter is contestecL Plaintiff
intends to seek additional attomey's fees based upon the hours spent, services rendered and other reasonable factors.
11. Defendant(s), AMANDA AGUILAR aka AMANADA AGUILAR AND JULIO C. AGUIRRE aka JULIO
AGUIRRE, and/or UNKNOWN TENANTS/OWNERS, now own, possess, or have die right to possess the Property.
12. Defendant(s), UNKNOWN TENANTS/OWNERS, may claim some interest in the subject property by virtue
oftheir possession ofthe property.
13. Defendant(s), STONEBRIDGE RESERVE CONDOMINIUM ASSOCIATION, INC., may claim some interest
in the subject property by virtue of a judgment lien, or other instrument recorded in the Public Records ofOrange County, Florida.
Said interest however, is either invalid or is subordinate and inferior to the lien of Plaintiflfs Mortgage.
14. Defendant(s),METROWESTMASTERASSOCLATION,INC.,mayclaimsomeinterestinfliesubject property
by virtue of a judgment lien, or other instrument recorded in the Public Records of Orange County, Florida. Said interest
however, is either invalid or is subordinate and inferior to the hen ofPlaintifFs
Mortgage.
COUNT I
MORTGAGE FORECLOSURE
15. Piaintifif realleges and incoiporates Paragraphs 1 through 14 ofthisConplaint.
16. This is an action to foreclose the first Mortgage on real property (the "Property") in Orange County, Florida,
having a legal description as follows:
UNIT 30603, PHASE 3, STONEBRIDGE RESERVE, A CONDOMINIUM, ACCORDING
TO THE DECLARATION OF CONDOMINIUM TO BE RECORDED IN OFFICLAL
RECORDS BOOK 8928, PAGE 1428, AND ALL IT ATTACHMENTS AND
AMENDMENTS, TO BE RECORDED IN THE PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA. TOGETHER WITH AN UNDIVIDED INTEREST IN THE
COMMON ELEMENTS AND ALL APPURTENANCES HEREUNTO APPERTAINING
AND SPECIFIED IN SAID DECLARATION OF CONDOMINIUM.
with a stireet address of 3332 ROBERT TRENT JONES DR UNIT 30603, ORLANDO, FL 32835, herein referred to as "the
Property."
17. Under the terms ofthe Mortgage and in accordance with Florida law, PlaintifiFis entitled to foreclosure
ofits
Mortgage upon default in payment.
18. All conditions precedent to the enforcement ofPlaintifFs right to foreclosure herein and the maintenance ofthis
action have been performed, have occurred, or have been waived.
WHEREFORE, PlaintifFrequests that this honorable Court:
(a) Take jurischction ofthe parties hereto emd ofthe subject matter hereof;
(b) Order that the lien ofPlaintifFsMortgage is a vahd first lien on the Property described and is superior to any
lien ofrecord;
(c) Order foreclosure ofthe Mortgage, and that aU Defendants named herein, their estates, and all persons claiming
under or against them since the filing ofthe Notice ofLis Pendens, be foreclosed;
(d) Detemiine the amount due Piaintifif under the Note and Mortgage sued upon herein;
(e) Order that if said sum due PlaintifF is not paid in full within the time set by this Court, the Property be sold by
Order ofthis Court to satisfy PlaintifFs claims;
(f) Order that ifthe proceeds from such court ordered sale are insufficient to pay PlaintifFs claim, then a deficiency
judgment be entered for the remaining sum against all Defendants who have assumed personal liabihty for same and who have
not received a discharge in bankruptcy;
(g) Order deUvery and possession ofthe real property to the Purchaser, who shall be responsible for condominium
or homeowner association assessments and other charges in accordance with §§718.116 and 720.3085, Florida Statutes (2007),
respectively.and upon proof of the demand or refusal ofany Defendant to vacate and surrender such possession, and the clerk be
directed to issue a writ of possession without fiirther order ofthis
Court
(h) Retain jurisdiction of this cause and the parties hereto to determine PlaintifFs entitlement to a deficiency
judgment and the amount thereof; and
(i) Grant such other and fiirther relief as appears just and equitable under the circumstances.
COUNTn
ENFORCEMENT OF LOST INSTRUMENTS
19. This is an action to enforce lost instruments under §673.3091, Florida Statutes.
20. Paragraphs 1, 2, and 4 through 6 are hereby incorporated and made a part ofthis Count II.
21. The Note and Mortgage owned by Plaintiff, copies of which are attached to the Complaint have been lost or
misplaced.
22. Plaintiflfwas in possession ofthe Note and Mortgage at the time the Note and Mortgage were lost or misplaced,
or Plaintiflfhas been assigned the right to enforce the lost or misplaced instniments by the entity wliich had possession at the time
that the instruments were lost.
23. The loss of possession ofthe Note and Mortgage was not the result of a transfer by the Piaintifif or a lawful
seizure.
24. Plaintiflf caimot reasonably obtain possession of the instruments because the whereabouts of the instniments
cannot be determined.
WHEREFORE, PlaintifFrequests that this Court enter judgment in favor of PlaintiflF establishing its right to enforce said
instruments pursuant to §673.3091, F.S.
NOTTCE UNDER FAIR DEBT COLLECTION PRACTICES ACT
Pursuant to Title 15 United States Code Section 1692, Plaintiffis providing the following notice:
a) The amount ofthe debt is contained in this Complaint;
b) The Creditor to whom the debt is owed is THE BANK OF NEW YORK, FOR THE BENEFIT OF THE
CERTIFICATE HOLDERS, CWALT, INC., ALTERNATIVE LOAN TRUST 2007 -OA4 MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007- OA4;
c) Unless this debt or any portion thereof, is disputed within thirty days after receipt ofthis notice, the debt will
be assumed to be valid by the PlaintifiF;
d) Ifa consumer notifies the undersigned in writing within the thirty day period that the debt or any portion thereof,
is (Uspute(i, the undersigned will obtain verification ofthe debt and a copy ofsuch verification will be mailed to such consuiner;
e) Upon a consumer's written request within the thirty-day period, the undersigned will provide the consumer with
the name and address ofthe original creditor, if different from the current creditor;
f) This is an attenpt to collect a debt and any information obtained will be used for that purpose.
DATED: May 14,2008.
Michelle Garcia Gilbert
FloridaBarNo.: 549452
Kass, Shuler, Solomon, Spector,
Foyle & Singer, P.A.
P.O. Box 800
1505 N.Florida Ave.
Tampa, FL 33601
(813) 229-0900 ext 1394
Attomeys for PlaintifF
286750.08l021A/cmi
llili
LandAmerica'
Gulf Atlantic Title
iniiiiiiiiiyiijiiiiiiiiiiiiiiiiii
^ , 'c^<^ 4700 Millenia Blvd
INSTR 20e&O834616
Retura To: Suite 220
OR BK 0^i>34 PG 0524 PGS=2S
Ortando, FL 32839
MARTHA 0. HAYNIE, COHPTROLLER
Pult:e Mortgage, LJiC ORANGE COUNTY, FL
7475 S. Joliet St. 12/27/8086 02:04:54 PM
Englewood, CO 80112 HTG DOC TAX 778.05
ATTN: Sales & Acquisitions INTAHG TAX 444.&0
REC FEE 214.00
This docuinent was prepared by:
Pulte Mortgage, LLC
7475 South Joliet Street
Englewood, Co 80112
ISjnce Above This Line For Recording Data]-
MORTGAGE
MIN 100057400002998187
VRU# 1-888-679-6377
DEFINITIONS
Words used in multiple sectionsof this docuinent are defined below and o t h «
words are defined in
Sections 3, I I ,
13, 18, 20 and 2 1 . Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instniment" means this docummt, wtiich is datedHoveober 20, 2006
together with all Riders to this document.
(B) "Borrowor" is J u l i o
C Aguirre and Amaida Aguilar, I&i^iandand Wife
Borrower is ttae moitgagor under tfais Security Instrument.
(C) "MERS" is Mongage Etectronic RegistrationSystems, Inc. MERS is a separate coiporation tbat is
acting solelyas a nominee for Lender and Lender's successorsand assigns. MERS is tbe mortgagee
UDdor this Seairity Instnimoit. MERS is organized and existing under die laws of Delaware, and bas an
address and telephone number of P.O. Box 2026. Flint, MI 48501-2026, teL (888) 679-MERS.
(D) "Lender" is Pulte Mortgage IJ£
FLORIDA-Sinsle FamOy-Fannie Mae/Frsifcfi» Mac UNIFORM INSTRUMENT WITH MERS FormSOlO 1/01
I-6A(FL) (00051.03
Page 1 ot 16
MFL41AFORM33-18594 (Rev. 07/06)
VMP MortBags Sohjtions, tnc
Book9034/Page524 CFN#20060834616 Pagel of25
Lenderisa Limited Li a b i l i t y
Coiq>any
organized and existing under the laws of
Delaware
Lender's address is7475 Soutb Joliet Street Englewood, CO 80112
(E) "Note" means die proinissory note signed by Borrower and dated November 20, 2006
The Note states that Borrower owes Lender Two Hundred Twenty-two Thousand Three
Hundred And 00/100 Dollars
(U.S. $222,300.00 ) plus interest. Borrower has proinised to pay tliis debt in regular Periodic
Payments and to pay the debt in full not later tlian December1, 2036
(F) "Propo-ty" means the property tliat is described below under
the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any pr^ayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to diis SecurityInstrument thatare executed by Borrower. The following
Riders are to be executed by Borrower [check box as ^plicable]:
Cx] Adjustable Rate Rider [ x ] Condominium Rider LJ Second Home Rider
LZI Balloon Rider d ] Planned Unit Development Rider L J 1-4 Family Rider
d ] VA Rider CZI Biweeidy Payment Rider C H Other(s) (specify]
(I) "Applicable Law" means all controllingexplicable federal,state and local statutes, regulations,
ordinances and administrative rules and orders (that have the efi'ect of law) as well as all applicable
final,
non-qipealable judicial opinions.
(J) "Conmramty Assodation Dues, Fees, and Assessmaits" means all dues, fees, assessinents and other
charges thatare iII^>osedon Borrower or tlieProperty by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transferof fimds, other than a transaction originatedby
check, draft,or similarps^er instniment,whic^ is initiated
dirough an electronictenninal, telqihonic
instniment, computer, or magnetic tape so as to order, instruct, or autfaorize a financial
institution to debit
or credit an account. Such term includes,but is notlimited to, point-of-sale
transfers,automated teller
madiine tiansactions,transfers initiatedby telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those iteins that are described in Section 3.
(M) "Miscellaneoas Proceeds" ineans any compensation, settlement, award of damages, or proceeds paid
by any thiid party (othei than insurance proceeds paid under the coverages descrilied in Section 5) for:
(i)
dainage to, or destructionof, the Propeity; (ii)condemnation or other taldng of allor any pan of the
Property; (iii) conveyance in lieu of condeinnation;
or (iv) misrepresentationsof,or omissions as to, the
value and/or condition of the Propeity.
(N) "Mortgage Insarance" ineans insurance protecting Lender against the nonpayment of, or defaulton.
theLoan.
(O) "Paiodic Paymoit" means tfae regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instiumoit.
MFL41BFORM33-18594 "* ,_, ,„.„ ,,„,
-6A(FL)(ooos).03 Paseztrfie /, / FonnSOlO 1/01
Book9034/Page525 CFN#20060834616 Page 2 of 25
(P) "RBSPA" means the Real EsUte Settionent Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing relation.Regulation X (24 C.F.R. Part 3500),as they migfat be amended from time to
time, or any additionai or successor legislation or regulation that governs the same subject inatter. As used
in this Security Instruinent,
"RESPA" refers to all requirements and restrictions tliat are imposed in regard
to a "federaUy relatedmortgage loan" even if the Loan does not qualify as a 'federally
related mongage
loan' under RESPA.
(Q) "Successor in I n t o e s t
of Borrower" means any party that faas taken title to tfae Property, whetber or
not tfaat party bas assumed Borrower's obUgations under the Note and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lendei: (i) the repayment ofthe
Loan, and all renewals, extoisions and
modifications of the Note; and (ii) the performanceof Borrower's covenants and agreements under this
Security Instrument and the Note. For tfais puipose, Bonower does hereby mortgage, grant and convey to
MERS (solelyas nommee foi Lender and Lender's successors and assigns) and to the successors and
assigns of MERS, the foUowing described property located in die C o u n t y [Type of Recordiiig Juiisdiction)
of O r a n g a [Name of Recording Jurisdiction]:
See Exhibit "A" attached hereto and made a part hereof.
Parcel ID Numlier: / ^ -o^S " O ^ "* ^ f "^ 6 ~ O/ ^C?S O v*idi cunently has the address of
3332 Robert Trent Jones Dr Unit 306 [Sireet]
Orlando [City], Florida
32835 [ZipCode]
("Property Address"):
TOGETHER WITH alltfae improvemoits now or heieafter erected on the prqierty, and aU
easements, qipuitenances, and fixturesnow or faereafier a part of tlieproperty. All replacements and
additions sfaall
also be covered by tfais
Security Instniment. AU of tfae foregoing is referredto in this
Security InstTument as tfae
"Property." Bonower understands and agiees that MERS holds only legal title
to the interests granted by Bonower in tfais Security Instrumoit,
but, if necessaryto comply witfalaw or
custom, MERS (as nominee for Lender and Lender's successors and assigns) bas tfae right: to exercise any
or all of those imerests, includmg, but not limited to, the right to foreclose
and seU the Property; and to
take any action required of Loider including,but not liniitedto, releasingand canceling this Security
Instniment.
MFL41CFORM33-18S941 '"fti^.L___ __ ^^ ^ ^,„,
-6AIFL) iooo5).o3 Paga 3 otie U y FormSOlO 1/01
Book9034/Page526 CFN#200608346t6 Page 3 of 25
BORROWER COVENANTS fliat Borrower is lawfiilly seised of flie estate hereby conveyed and has
the rigbtto mongage, grant and convey tfae Propenyand that tfae Propeityis unencumbered, except for
encumbrances of record. Bonower warrants and wUI defend generaUy the title to the Property against all
claims and demands, subject to any eacumbiances of record.
THIS SECURITY INSTRUMENT combmes uniform covenants for national use and non-uniform
covenants with liinited variations by jurisdiction to constimte a unifonn
security instrument coveringreal
property.
UNIFORM COVENANTS. Borrowo and Lender covenant and agree as foUows:
1. Payment of Principal, Interest, Escrow Itons, Prepayment Charges, and Late Charges.
Borrower shaU pay wlien due the principalof, and interest on,the debt evidenced by the Note and any
prqiayment charges and late chaiges due undo the Note. Borrower shall also pay fimds for Escrow Items
pursuant to Section3. Payments due under the Note and this Security Instnunent shall be made in U.S.
cuirency. However, if any check or otfaer instiument received by Lender as payment under the Note or tbis
Security Instrument is returned to Lender uiqiaid. Lender may require that any or aU subsequent payments
due undo the Note and fliis
Security Instrument be made in one or more of tfaefollowing forms, as
selectedby Lender: (a) cash; (b) money ordo; (c) certifiedcheck, bank check, treasurer'scheck or
cashio's check, provided any such cfaeck is drawn upon an institution
whose deposits are insuredby a
federal agoicy, instrumentality, or entity; or (d) Electronic Funds
Transfer.
Payments are deemed received by Lender wben received at tfae location designated m the Note or at
such other location as may be designated by L o i d o in accordance with the notice provisions in Section 15.
Lender may returo any payment or paitial payment if the payment or partia] payments are insufficient
to
bring the Loan current. Lender may accept any payment or partial payment insufficientto bring the Loan
cunent, witfaout waiver of anyri^tsheromdo or prejudice to its rights to refuse such paymem or paitial
payinents in the future,but Lender is not obUgated to apply such payments at tfae time sudi payments are
accqited. If eacfaPeriodic Paymoit is qiplied as of itsscheduled due date, then Lendo need not pay
interest on unqiplied funds.Lendo may faold sucfa unappUed funds untU Borrower inakes payment to bring
tfae Loan current. If Borrower does not do so witfain a reasonable period of time. Lender shall either jqiply
such funds or retum them to Bonower. If not applied earlier, sucfa fimds wiU be applied to the outstanding
principal balance under tfaeNote iminediately prior to foreclosure.No offsetor claim which Borrower
might faave now or in flie future
against Lendo sfaaU relieve Bonower from making payments due under
tfae Note and this Security Instiument or perfonning the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Excqit as otherwise described in this Section 2, aU
payments accepted and appUed by Lendo shaU be ^plied in flie foUowingorder of priority:(a) interest
due under tfae Note; (b) principal due under tfae Note; (c) amounts due under
Section 3. Sucfa payments
shaU be apphed to each Feriodic Paymoit in the o r d o
in M^di it became due. Any remaining amounts
sfaaU be i p l i e d
first
HI late cfaarges, second to any other amounts due u n d o this Security Instniment,
and
tfaen to reduce flie principal balance of the Note.
If Lender receives a payment fiom Bonower for a delinquoit Periodic Payment whidi includesa
sufficientamount to pay any late diarge due, the payment may be qipUed to tfae delinquent payinentand
tfae late cfaarge. If more than one Periodic Payment is outstanding, L o i d o may qiply any paymem
received
ftom Borrower to tfaerepayment of the Periodic Payments if. and to the extenttfaat.each paymem
MFL41DFORM33-18S94 ^ ^ .. „. „ .,«.
-6A(FL) (0005).03 Page 4 of 16 jf I FonnSOlO 1/01
Book9034/Page527 CFN#20060834616 Page 4 of 25
can be paid in full. To the extent tfaat any excess exists after tfae payment is qiplied to tfae fiill payinent of
one or more Periodic Payments, sucfaexcess may be applied to any late charges due. Voluntaty
prepayments sliall be qiplied first to any prepayment charges and then as described in the Note.
Any qiplication of payments, insurance proceeds, or MisceUaneous Proceeds to principal dueunder
the Note sfaall not extend or postpone tfae due date, oi cfaange tfae amoimt, of flie Periodic Payments.
3. Funds for Escrow Itenis.Bonowei shaU pay to Lender on the day Periodic Payments are due
undo the Note, untU the Note is paid in fiiU, a sum (the 'Funds') to provide for payment of amounts due
for:(a) taxes and assessments and otfaer items wliicfa can attain priority o v o
this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payinents or ground
rents on the Property,if any; (c)
piemiums for any and allinsurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieuof the payment of Mortgage
Insurance premiums in accordance with theprovisions of Section 10. These items are called 'Escrow
Items." At originationor at any time during tfae term
of the Loan, Lender may requirethat Coinmunity
Association Dues, Fees, and Assessments, if any, be escrowed by Bonower. and such dues, feesand
assessments shaU be an Escrow Item. Borrower shall proinptiy fumishto Lender aU notices of amounts to
be paid under this Section. Borrower shaU payLender the Funds for Escrow Items unless Lender waives
Borrowo's obUgation to pay the Funds for any or allEscrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or aU Escrow Iteins at any time. Any such waiver may only be
in writing. In tfae event of sudi waiver, Boirowo shaU piy direcfly. n4ien and wliere payable, the amounts
due for any Escrow Items for wiiich paymoit of Funds has been waived by Lender and, if Lender requires,
shaU fiimish to Lendo receipts evidencing such payment within sucfa time period as Lender may require.
Bonower's obligation to make such paymoits and to provide receiptsshaU for aU purposes be deemed to
be a covenant and agreonoit contained in this Security Instrument, as the {riirase 'covenam and agreement'
is used in Section 9. IfBorrower is obUgated to pay Esoow Iteinsdiiecfly,piusuant to a waiver, and
Borrower feUs to p ^ flie amoum due for an Escrow Item. Lendo may exeicise its rigfats under Section 9
and pay sudi amount and Boirowo sfaaU tfaen be obUgated u n d o
Section 9 to repay to Lender any sudi
amount. Lender may revoke tfae waivo as to any oraU Escrow Iteins at any time by a notice given in
accordance with Section IS and, iqion sudirevocation, Boirowo sfaall
pay to Lender allFunds, and in
sudi amounts, tfaat are tfaen required u n d o fliis Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufBdent to pomit Lender to qiply
tfae Funds at tfae time specified
undo RESPA, and (b) not to exceed flie maximum amount a lendo can
require u n d o
RESPA. Lendo sfaall
estimate tfae amountof Funds due on the basis of cunent data and
reasonable estimates of expendituresof futureEscrow Iteins or otherwise in accordance with AppUcable
Law.
The Funds shaU be faeld in an institutionwiiose deposits are insured by a federal agency,
instnimentaUty, or entity (including Lender, if Lender is an instimtion wfaose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall qiply the Funds to pay the Escrow Items no later than flie time
spedfied undo RESPA. Lendo shall not charge Boirowo for holdingand applying tfae Funds, annually
analyzing the escrow account, or verifyingthe Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lendo to make sucfa a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on tfae Funds.
Borrower and Loider can agree in writing, however, thatinterest
MFL41EFORM33-185SM " * ' - ,,
-6A(FL) (00051.03 Pages OJ 16 / / FormSOlO 1/01
Book9034/Page528 CFN#20060834616 Page 5 of 25
sfaall be paid on the Funds.Lender sfaall
give to Bonower, without charge, an annual accounting of the
Funds as reqiured by RESPA.
Iftbere is a smplus of Funds beld inescrow, asdefined under RESPA, Lender shaU account to
Borrower for tfae excess fimds in accoidance witb RESPA. If tfaere is a shortage of Funds faeld in escrow,
as defined under RESPA, Lendo sfaall notify Boirower as required by RESPA, and Borrower sfaall pay to
Lender flie amoimt necessaty to make up tfae shoitage in accordance witfa RESPA, but in no more tfaan 12
monthly payments. If there is a deficioicy of Funds held m escrow, as defined under RESPA, Lendo shaU
notifyBorrowo as required by RESPA, and Borrower shaU pay to Lender the amount necessaiy to make
up tfae deficioKty in accordance witfa RESPA, but in no more than 12 monthly payments.
Upon payment in fiiU of all sums secuied by this Security Instrument,
Lender shaU prompfly refimd
to Bonowo any Funds faeld by Lendo.
4. Charges; Liens. Borrower shaU pay all taxes,a^essmoits, cfaarges, fines,and hnpositions
attributable to the Property
which can attain priority over fliis Security Instrument,
leasdiold payments or
ground rents on the Property, if any, and Coinmunity Assodation Dues, F e ^ , and Assessments, if any. To
flie extent that these items are Escrow Items. Boirowo sfaall pay them in the manner provided in Section 3.
Borrower shaU pronqifly discharge any Uen whidi has priority ovo thisSecurity Instrument unless
Borrower: (a) agrees in writing to the paymoit oftfae obUgation secured by tfae lien in a manno acceptable
to Lender, but only so long as Borrower is performmg such agreement; (b) contests flie lien m good
faith
by, or defoids against enforconent of flie lien in, legal proceedings wiuch in Lender's opinion operate to
prevent the enfoicement of the lien wiule those proceedings are pending, but only untU suchproceedings
are concluded; or (c) secures fiom the holdo of the lien an agieement satisfactory to Lender subordinatmg
tfae Uen to ttiis Security Instrument.
If Loider determines tfaat any pan
of the Property is subject to a Uen
yMdi can attain priority o v o fliis Security Instrument, Lender may give Borrowo a notice identifying
tfae
lioi. Within 10 days of tfae date on wiiicfa tfaat notice is givoi. Borrower sfaaU satisfy the lien or take one or
more of flie actions set forfli above in fliis Section 4.
Lendo may require Borrower to pay a one-time chaige for a real estatetax verification and/or
rqiorting service used by Lendo in connection wifli tfais Loan.
5. I ¥ o p a ^
Insiiraiice. Boirower diaU keqi tfae improvements now existing orfaereaftoerectedon
the Propeity insured against loss byfire,
hazanis included witfain the term'extended coverage,' and any
otfao faazaids induding,bm not liinited to, eartbquakes andfioods,for wiudi Lendo requires insurance.
This insurance shaU be maintained in flie amounts (induding deductiblelevels) and fortfae [leriods
that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the torn
of
the Loan. Tfae insurance carrier providing tfae insurance sbaU be cfaosen by B o n o w o
subjectto Lender's
right to disapprove Bonower's choice, wtiicfarigtit
shaU not be exercised unreasonably. Lendo may
require Borrower to pay, in comiection with thisLoan, eitho: (a) a one-time diarge for flood zone
determination, certification
and tracking services; or (b) a one-time
charge forflood zone detennination
and cenification servicesand subsequent charges each time remqipings or sinulardianges occur whidi
reasonably might affed such detomination or certification.
Borrower shaU also be responsible fortfae
payment of any feesiinposed by the Federal &nogotcy Managonem Agency m connection witfathe
review of any fiood zone detomination resulting fiom an objection by Borrower.
MFL41FFORM33-18594 "* , , . ,„,„ ,,„,
•6AIFL) (0005).03 PB9060116 f I FormSOlO 1/01
Book9034/Page529
Preview
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT ^ P> OF FLORIDA, IN AND FOR ORANGE COUNTY V CIVIL DIVISION THE BANK OF NEW YORK, FOR THE BENEFIT OF THE CERTIFICATE HOLDERS, (JWALT, INC.^ALTERNATIVE LOAN TRUST 2007-OA4 MORTGAGE PASS-THROUGH CERTIFICATES, f>,ry ^ ^ <.. f^A SERIES 2007- OA4 ^^^^ ^ ^ Q < ^ - ^ ^ ' (I (^ ^ - t ) Plaintiff vs. Division 53. AMANDAAGUILAR aka AMANADA AGUILAR AND JULIOC. •:-> CD AGUIRRE aka JULIO AGUIRRE,, STONEBRIDGE RESERVE C co CONDOMINIUM ASSOCLATIO^J, INC.: METROWEST MASTER 9? ASSOCLATION, INC., AND UNK^OW>l TENANTS/OWNERS, ^,- fi: ^ S» Defendants. OOCKe*e f^£2y^ „.-. on COMPLAINT .~^rj S Piaintifif, THE BANK OF NEW YORK, FOR THE BENEFIT OF THE CERTIFICATE HOLDERS, CWALT, INQ, ALTERNATIVE LOAN TRUST 2007 -OA4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- b'A4, by and through its undersigned attomeys, sues Defendants, AMANDA AGUILAR aka AMANADA AGUILAR AND JULIO C. AGUIRRE aka JULIO AGUIRRE, STONEBRIDGE RESERVE CONDOMINIUM ASSOCLATION, INC. ; METROWEST MASTER ASSOCLATION, INC., and UNKNOWN TENANTS/OWNERS, and states: GENERAL ALLEGATIONS 1. THE BANK OF NEW YORK, FOR THE BENEHT OF THE CERTIFICATE HOLDERS, CWALT, INC., ALTERNATIVE LOAN TRUST 2007 -0A4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- OA4, is the holder ofthe Note and Mortgage which are the subject ofthis suit. 2. Defendant(s), AMANDA AGUILAR aka AMANADA AGUILAR AND JULIO C. AGUIRRE aka JULIO AGUIRRE, is/are the record owner(s) ofthe property sought to be foreclosed by the Plaintiflf, and hold title to the property subject to the Mortgage described herein. 3. Defendants, STONEBRIDGE RESERVE CONDOMINIUM ASSOCIATION, INC.; METROWEST MASTER ASSOCIATION, INC., and UNKNOWN TENANTS/OWNERS, are persons and/or entities who have or may claim some right, ^ /^ title, interest, or lien in, to, or upon the Property described below. .^ 4. On NOVEMBER 20, 2006, JULIO C AGUIRRE AND AMANDA AGUILAR, HUSBAND AND WIFE, ^ executed and delivered a Note, and a Purchase Money Mortgage securing the Note in favor of PULTE MORTGAGE LLC. The Mortgage was recorded on DECEMBER 27, 2006 in OfiBcial Records Book 9034, Page 524, ofthe Public Records ofOrange SyTv ^"^ County, Florida. A copy ofthe Mortgage and Promissory Note is attached hereto. Said Note and Mortgage were subsequently v]x "^ assigned and/or endorsed in favor ofthe Plaintiff. Said Assignment(s) and endorsements are attached hereto, and incorporated ^ \ ^y reference herein. 5. Plaintiffnow owns and is the holder ofthe Note and Mortgage. 6. A default exists under the Note and Mortgage as a result ofa lack ofpayment ofthe installment due October '1,2007, and all subsequent payments on the Note.^ 7. PlaintiflFhas, ifrequired by the Note or Mortgage, demanded payment ofthe obligation reflected by the aforesaid Note and Mortgage, but despite such demand, said default has not been cured. 8. Plaintiflf hereby accelerates all principal and interest imder the Note and Mortgage to be immediately due and payable. 9. Plaintiffis due the sum ofTWO HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED SEVENTY EIGHT AND 80/00 Dollars ($227,378.80) in principal under the Note and Mortgage, plus interest from September 1,2007, title search expenses for ascertaining necessary parties to this action, unpaid taxes, insurance premiums, accumulated late charges, and inspection fees. 10. As a result ofthe default under the Note and Mortgage, it has become necessary for the Piaintifif to employ the imdersigned attomeys to prosecute this action, and Plaintiflfhas agreed to pay such attomeys a reasonable fee for their services. Under the terms and provisions ofthe Note and Mortgage, Plaintiflf is entitled to recover its reasonable attomey's fees in bringing this action. Piaintifif alleges that a reasonable attomey's fee in this matter would be $1,250.00 and will seek an award ofsuch amount in the event that a defaultjudgment is entered against the Defendant.In the event that this matter is contestecL Plaintiff intends to seek additional attomey's fees based upon the hours spent, services rendered and other reasonable factors. 11. Defendant(s), AMANDA AGUILAR aka AMANADA AGUILAR AND JULIO C. AGUIRRE aka JULIO AGUIRRE, and/or UNKNOWN TENANTS/OWNERS, now own, possess, or have die right to possess the Property. 12. Defendant(s), UNKNOWN TENANTS/OWNERS, may claim some interest in the subject property by virtue oftheir possession ofthe property. 13. Defendant(s), STONEBRIDGE RESERVE CONDOMINIUM ASSOCIATION, INC., may claim some interest in the subject property by virtue of a judgment lien, or other instrument recorded in the Public Records ofOrange County, Florida. Said interest however, is either invalid or is subordinate and inferior to the lien of Plaintiflfs Mortgage. 14. Defendant(s),METROWESTMASTERASSOCLATION,INC.,mayclaimsomeinterestinfliesubject property by virtue of a judgment lien, or other instrument recorded in the Public Records of Orange County, Florida. Said interest however, is either invalid or is subordinate and inferior to the hen ofPlaintifFs Mortgage. COUNT I MORTGAGE FORECLOSURE 15. Piaintifif realleges and incoiporates Paragraphs 1 through 14 ofthisConplaint. 16. This is an action to foreclose the first Mortgage on real property (the "Property") in Orange County, Florida, having a legal description as follows: UNIT 30603, PHASE 3, STONEBRIDGE RESERVE, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM TO BE RECORDED IN OFFICLAL RECORDS BOOK 8928, PAGE 1428, AND ALL IT ATTACHMENTS AND AMENDMENTS, TO BE RECORDED IN THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. TOGETHER WITH AN UNDIVIDED INTEREST IN THE COMMON ELEMENTS AND ALL APPURTENANCES HEREUNTO APPERTAINING AND SPECIFIED IN SAID DECLARATION OF CONDOMINIUM. with a stireet address of 3332 ROBERT TRENT JONES DR UNIT 30603, ORLANDO, FL 32835, herein referred to as "the Property." 17. Under the terms ofthe Mortgage and in accordance with Florida law, PlaintifiFis entitled to foreclosure ofits Mortgage upon default in payment. 18. All conditions precedent to the enforcement ofPlaintifFs right to foreclosure herein and the maintenance ofthis action have been performed, have occurred, or have been waived. WHEREFORE, PlaintifFrequests that this honorable Court: (a) Take jurischction ofthe parties hereto emd ofthe subject matter hereof; (b) Order that the lien ofPlaintifFsMortgage is a vahd first lien on the Property described and is superior to any lien ofrecord; (c) Order foreclosure ofthe Mortgage, and that aU Defendants named herein, their estates, and all persons claiming under or against them since the filing ofthe Notice ofLis Pendens, be foreclosed; (d) Detemiine the amount due Piaintifif under the Note and Mortgage sued upon herein; (e) Order that if said sum due PlaintifF is not paid in full within the time set by this Court, the Property be sold by Order ofthis Court to satisfy PlaintifFs claims; (f) Order that ifthe proceeds from such court ordered sale are insufficient to pay PlaintifFs claim, then a deficiency judgment be entered for the remaining sum against all Defendants who have assumed personal liabihty for same and who have not received a discharge in bankruptcy; (g) Order deUvery and possession ofthe real property to the Purchaser, who shall be responsible for condominium or homeowner association assessments and other charges in accordance with §§718.116 and 720.3085, Florida Statutes (2007), respectively.and upon proof of the demand or refusal ofany Defendant to vacate and surrender such possession, and the clerk be directed to issue a writ of possession without fiirther order ofthis Court (h) Retain jurisdiction of this cause and the parties hereto to determine PlaintifFs entitlement to a deficiency judgment and the amount thereof; and (i) Grant such other and fiirther relief as appears just and equitable under the circumstances. COUNTn ENFORCEMENT OF LOST INSTRUMENTS 19. This is an action to enforce lost instruments under §673.3091, Florida Statutes. 20. Paragraphs 1, 2, and 4 through 6 are hereby incorporated and made a part ofthis Count II. 21. The Note and Mortgage owned by Plaintiff, copies of which are attached to the Complaint have been lost or misplaced. 22. Plaintiflfwas in possession ofthe Note and Mortgage at the time the Note and Mortgage were lost or misplaced, or Plaintiflfhas been assigned the right to enforce the lost or misplaced instniments by the entity wliich had possession at the time that the instruments were lost. 23. The loss of possession ofthe Note and Mortgage was not the result of a transfer by the Piaintifif or a lawful seizure. 24. Plaintiflf caimot reasonably obtain possession of the instruments because the whereabouts of the instniments cannot be determined. WHEREFORE, PlaintifFrequests that this Court enter judgment in favor of PlaintiflF establishing its right to enforce said instruments pursuant to §673.3091, F.S. NOTTCE UNDER FAIR DEBT COLLECTION PRACTICES ACT Pursuant to Title 15 United States Code Section 1692, Plaintiffis providing the following notice: a) The amount ofthe debt is contained in this Complaint; b) The Creditor to whom the debt is owed is THE BANK OF NEW YORK, FOR THE BENEFIT OF THE CERTIFICATE HOLDERS, CWALT, INC., ALTERNATIVE LOAN TRUST 2007 -OA4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007- OA4; c) Unless this debt or any portion thereof, is disputed within thirty days after receipt ofthis notice, the debt will be assumed to be valid by the PlaintifiF; d) Ifa consumer notifies the undersigned in writing within the thirty day period that the debt or any portion thereof, is (Uspute(i, the undersigned will obtain verification ofthe debt and a copy ofsuch verification will be mailed to such consuiner; e) Upon a consumer's written request within the thirty-day period, the undersigned will provide the consumer with the name and address ofthe original creditor, if different from the current creditor; f) This is an attenpt to collect a debt and any information obtained will be used for that purpose. DATED: May 14,2008. Michelle Garcia Gilbert FloridaBarNo.: 549452 Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A. P.O. Box 800 1505 N.Florida Ave. Tampa, FL 33601 (813) 229-0900 ext 1394 Attomeys for PlaintifF 286750.08l021A/cmi llili LandAmerica' Gulf Atlantic Title iniiiiiiiiiyiijiiiiiiiiiiiiiiiiii ^ , 'c^<^ 4700 Millenia Blvd INSTR 20e&O834616 Retura To: Suite 220 OR BK 0^i>34 PG 0524 PGS=2S Ortando, FL 32839 MARTHA 0. HAYNIE, COHPTROLLER Pult:e Mortgage, LJiC ORANGE COUNTY, FL 7475 S. Joliet St. 12/27/8086 02:04:54 PM Englewood, CO 80112 HTG DOC TAX 778.05 ATTN: Sales & Acquisitions INTAHG TAX 444.&0 REC FEE 214.00 This docuinent was prepared by: Pulte Mortgage, LLC 7475 South Joliet Street Englewood, Co 80112 ISjnce Above This Line For Recording Data]- MORTGAGE MIN 100057400002998187 VRU# 1-888-679-6377 DEFINITIONS Words used in multiple sectionsof this docuinent are defined below and o t h « words are defined in Sections 3, I I , 13, 18, 20 and 2 1 . Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instniment" means this docummt, wtiich is datedHoveober 20, 2006 together with all Riders to this document. (B) "Borrowor" is J u l i o C Aguirre and Amaida Aguilar, I&i^iandand Wife Borrower is ttae moitgagor under tfais Security Instrument. (C) "MERS" is Mongage Etectronic RegistrationSystems, Inc. MERS is a separate coiporation tbat is acting solelyas a nominee for Lender and Lender's successorsand assigns. MERS is tbe mortgagee UDdor this Seairity Instnimoit. MERS is organized and existing under die laws of Delaware, and bas an address and telephone number of P.O. Box 2026. Flint, MI 48501-2026, teL (888) 679-MERS. (D) "Lender" is Pulte Mortgage IJ£ FLORIDA-Sinsle FamOy-Fannie Mae/Frsifcfi» Mac UNIFORM INSTRUMENT WITH MERS FormSOlO 1/01 I-6A(FL) (00051.03 Page 1 ot 16 MFL41AFORM33-18594 (Rev. 07/06) VMP MortBags Sohjtions, tnc Book9034/Page524 CFN#20060834616 Pagel of25 Lenderisa Limited Li a b i l i t y Coiq>any organized and existing under the laws of Delaware Lender's address is7475 Soutb Joliet Street Englewood, CO 80112 (E) "Note" means die proinissory note signed by Borrower and dated November 20, 2006 The Note states that Borrower owes Lender Two Hundred Twenty-two Thousand Three Hundred And 00/100 Dollars (U.S. $222,300.00 ) plus interest. Borrower has proinised to pay tliis debt in regular Periodic Payments and to pay the debt in full not later tlian December1, 2036 (F) "Propo-ty" means the property tliat is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any pr^ayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to diis SecurityInstrument thatare executed by Borrower. The following Riders are to be executed by Borrower [check box as ^plicable]: Cx] Adjustable Rate Rider [ x ] Condominium Rider LJ Second Home Rider LZI Balloon Rider d ] Planned Unit Development Rider L J 1-4 Family Rider d ] VA Rider CZI Biweeidy Payment Rider C H Other(s) (specify] (I) "Applicable Law" means all controllingexplicable federal,state and local statutes, regulations, ordinances and administrative rules and orders (that have the efi'ect of law) as well as all applicable final, non-qipealable judicial opinions. (J) "Conmramty Assodation Dues, Fees, and Assessmaits" means all dues, fees, assessinents and other charges thatare iII^>osedon Borrower or tlieProperty by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transferof fimds, other than a transaction originatedby check, draft,or similarps^er instniment,whic^ is initiated dirough an electronictenninal, telqihonic instniment, computer, or magnetic tape so as to order, instruct, or autfaorize a financial institution to debit or credit an account. Such term includes,but is notlimited to, point-of-sale transfers,automated teller madiine tiansactions,transfers initiatedby telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those iteins that are described in Section 3. (M) "Miscellaneoas Proceeds" ineans any compensation, settlement, award of damages, or proceeds paid by any thiid party (othei than insurance proceeds paid under the coverages descrilied in Section 5) for: (i) dainage to, or destructionof, the Propeity; (ii)condemnation or other taldng of allor any pan of the Property; (iii) conveyance in lieu of condeinnation; or (iv) misrepresentationsof,or omissions as to, the value and/or condition of the Propeity. (N) "Mortgage Insarance" ineans insurance protecting Lender against the nonpayment of, or defaulton. theLoan. (O) "Paiodic Paymoit" means tfae regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instiumoit. MFL41BFORM33-18594 "* ,_, ,„.„ ,,„, -6A(FL)(ooos).03 Paseztrfie /, / FonnSOlO 1/01 Book9034/Page525 CFN#20060834616 Page 2 of 25 (P) "RBSPA" means the Real EsUte Settionent Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing relation.Regulation X (24 C.F.R. Part 3500),as they migfat be amended from time to time, or any additionai or successor legislation or regulation that governs the same subject inatter. As used in this Security Instruinent, "RESPA" refers to all requirements and restrictions tliat are imposed in regard to a "federaUy relatedmortgage loan" even if the Loan does not qualify as a 'federally related mongage loan' under RESPA. (Q) "Successor in I n t o e s t of Borrower" means any party that faas taken title to tfae Property, whetber or not tfaat party bas assumed Borrower's obUgations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lendei: (i) the repayment ofthe Loan, and all renewals, extoisions and modifications of the Note; and (ii) the performanceof Borrower's covenants and agreements under this Security Instrument and the Note. For tfais puipose, Bonower does hereby mortgage, grant and convey to MERS (solelyas nommee foi Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the foUowing described property located in die C o u n t y [Type of Recordiiig Juiisdiction) of O r a n g a [Name of Recording Jurisdiction]: See Exhibit "A" attached hereto and made a part hereof. Parcel ID Numlier: / ^ -o^S " O ^ "* ^ f "^ 6 ~ O/ ^C?S O v*idi cunently has the address of 3332 Robert Trent Jones Dr Unit 306 [Sireet] Orlando [City], Florida 32835 [ZipCode] ("Property Address"): TOGETHER WITH alltfae improvemoits now or heieafter erected on the prqierty, and aU easements, qipuitenances, and fixturesnow or faereafier a part of tlieproperty. All replacements and additions sfaall also be covered by tfais Security Instniment. AU of tfae foregoing is referredto in this Security InstTument as tfae "Property." Bonower understands and agiees that MERS holds only legal title to the interests granted by Bonower in tfais Security Instrumoit, but, if necessaryto comply witfalaw or custom, MERS (as nominee for Lender and Lender's successors and assigns) bas tfae right: to exercise any or all of those imerests, includmg, but not limited to, the right to foreclose and seU the Property; and to take any action required of Loider including,but not liniitedto, releasingand canceling this Security Instniment. MFL41CFORM33-18S941 '"fti^.L___ __ ^^ ^ ^,„, -6AIFL) iooo5).o3 Paga 3 otie U y FormSOlO 1/01 Book9034/Page526 CFN#200608346t6 Page 3 of 25 BORROWER COVENANTS fliat Borrower is lawfiilly seised of flie estate hereby conveyed and has the rigbtto mongage, grant and convey tfae Propenyand that tfae Propeityis unencumbered, except for encumbrances of record. Bonower warrants and wUI defend generaUy the title to the Property against all claims and demands, subject to any eacumbiances of record. THIS SECURITY INSTRUMENT combmes uniform covenants for national use and non-uniform covenants with liinited variations by jurisdiction to constimte a unifonn security instrument coveringreal property. UNIFORM COVENANTS. Borrowo and Lender covenant and agree as foUows: 1. Payment of Principal, Interest, Escrow Itons, Prepayment Charges, and Late Charges. Borrower shaU pay wlien due the principalof, and interest on,the debt evidenced by the Note and any prqiayment charges and late chaiges due undo the Note. Borrower shall also pay fimds for Escrow Items pursuant to Section3. Payments due under the Note and this Security Instnunent shall be made in U.S. cuirency. However, if any check or otfaer instiument received by Lender as payment under the Note or tbis Security Instrument is returned to Lender uiqiaid. Lender may require that any or aU subsequent payments due undo the Note and fliis Security Instrument be made in one or more of tfaefollowing forms, as selectedby Lender: (a) cash; (b) money ordo; (c) certifiedcheck, bank check, treasurer'scheck or cashio's check, provided any such cfaeck is drawn upon an institution whose deposits are insuredby a federal agoicy, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender wben received at tfae location designated m the Note or at such other location as may be designated by L o i d o in accordance with the notice provisions in Section 15. Lender may returo any payment or paitial payment if the payment or partia] payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficientto bring the Loan cunent, witfaout waiver of anyri^tsheromdo or prejudice to its rights to refuse such paymem or paitial payinents in the future,but Lender is not obUgated to apply such payments at tfae time sudi payments are accqited. If eacfaPeriodic Paymoit is qiplied as of itsscheduled due date, then Lendo need not pay interest on unqiplied funds.Lendo may faold sucfa unappUed funds untU Borrower inakes payment to bring tfae Loan current. If Borrower does not do so witfain a reasonable period of time. Lender shall either jqiply such funds or retum them to Bonower. If not applied earlier, sucfa fimds wiU be applied to the outstanding principal balance under tfaeNote iminediately prior to foreclosure.No offsetor claim which Borrower might faave now or in flie future against Lendo sfaaU relieve Bonower from making payments due under tfae Note and this Security Instiument or perfonning the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Excqit as otherwise described in this Section 2, aU payments accepted and appUed by Lendo shaU be ^plied in flie foUowingorder of priority:(a) interest due under tfae Note; (b) principal due under tfae Note; (c) amounts due under Section 3. Sucfa payments shaU be apphed to each Feriodic Paymoit in the o r d o in M^di it became due. Any remaining amounts sfaaU be i p l i e d first HI late cfaarges, second to any other amounts due u n d o this Security Instniment, and tfaen to reduce flie principal balance of the Note. If Lender receives a payment fiom Bonower for a delinquoit Periodic Payment whidi includesa sufficientamount to pay any late diarge due, the payment may be qipUed to tfae delinquent payinentand tfae late cfaarge. If more than one Periodic Payment is outstanding, L o i d o may qiply any paymem received ftom Borrower to tfaerepayment of the Periodic Payments if. and to the extenttfaat.each paymem MFL41DFORM33-18S94 ^ ^ .. „. „ .,«. -6A(FL) (0005).03 Page 4 of 16 jf I FonnSOlO 1/01 Book9034/Page527 CFN#20060834616 Page 4 of 25 can be paid in full. To the extent tfaat any excess exists after tfae payment is qiplied to tfae fiill payinent of one or more Periodic Payments, sucfaexcess may be applied to any late charges due. Voluntaty prepayments sliall be qiplied first to any prepayment charges and then as described in the Note. Any qiplication of payments, insurance proceeds, or MisceUaneous Proceeds to principal dueunder the Note sfaall not extend or postpone tfae due date, oi cfaange tfae amoimt, of flie Periodic Payments. 3. Funds for Escrow Itenis.Bonowei shaU pay to Lender on the day Periodic Payments are due undo the Note, untU the Note is paid in fiiU, a sum (the 'Funds') to provide for payment of amounts due for:(a) taxes and assessments and otfaer items wliicfa can attain priority o v o this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payinents or ground rents on the Property,if any; (c) piemiums for any and allinsurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieuof the payment of Mortgage Insurance premiums in accordance with theprovisions of Section 10. These items are called 'Escrow Items." At originationor at any time during tfae term of the Loan, Lender may requirethat Coinmunity Association Dues, Fees, and Assessments, if any, be escrowed by Bonower. and such dues, feesand assessments shaU be an Escrow Item. Borrower shall proinptiy fumishto Lender aU notices of amounts to be paid under this Section. Borrower shaU payLender the Funds for Escrow Items unless Lender waives Borrowo's obUgation to pay the Funds for any or allEscrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or aU Escrow Iteins at any time. Any such waiver may only be in writing. In tfae event of sudi waiver, Boirowo shaU piy direcfly. n4ien and wliere payable, the amounts due for any Escrow Items for wiiich paymoit of Funds has been waived by Lender and, if Lender requires, shaU fiimish to Lendo receipts evidencing such payment within sucfa time period as Lender may require. Bonower's obligation to make such paymoits and to provide receiptsshaU for aU purposes be deemed to be a covenant and agreonoit contained in this Security Instrument, as the {riirase 'covenam and agreement' is used in Section 9. IfBorrower is obUgated to pay Esoow Iteinsdiiecfly,piusuant to a waiver, and Borrower feUs to p ^ flie amoum due for an Escrow Item. Lendo may exeicise its rigfats under Section 9 and pay sudi amount and Boirowo sfaaU tfaen be obUgated u n d o Section 9 to repay to Lender any sudi amount. Lender may revoke tfae waivo as to any oraU Escrow Iteins at any time by a notice given in accordance with Section IS and, iqion sudirevocation, Boirowo sfaall pay to Lender allFunds, and in sudi amounts, tfaat are tfaen required u n d o fliis Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufBdent to pomit Lender to qiply tfae Funds at tfae time specified undo RESPA, and (b) not to exceed flie maximum amount a lendo can require u n d o RESPA. Lendo sfaall estimate tfae amountof Funds due on the basis of cunent data and reasonable estimates of expendituresof futureEscrow Iteins or otherwise in accordance with AppUcable Law. The Funds shaU be faeld in an institutionwiiose deposits are insured by a federal agency, instnimentaUty, or entity (including Lender, if Lender is an instimtion wfaose deposits are so insured) or in any Federal Home Loan Bank. Lender shall qiply the Funds to pay the Escrow Items no later than flie time spedfied undo RESPA. Lendo shall not charge Boirowo for holdingand applying tfae Funds, annually analyzing the escrow account, or verifyingthe Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lendo to make sucfa a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on tfae Funds. Borrower and Loider can agree in writing, however, thatinterest MFL41EFORM33-185SM " * ' - ,, -6A(FL) (00051.03 Pages OJ 16 / / FormSOlO 1/01 Book9034/Page528 CFN#20060834616 Page 5 of 25 sfaall be paid on the Funds.Lender sfaall give to Bonower, without charge, an annual accounting of the Funds as reqiured by RESPA. Iftbere is a smplus of Funds beld inescrow, asdefined under RESPA, Lender shaU account to Borrower for tfae excess fimds in accoidance witb RESPA. If tfaere is a shortage of Funds faeld in escrow, as defined under RESPA, Lendo sfaall notify Boirower as required by RESPA, and Borrower sfaall pay to Lender flie amoimt necessaty to make up tfae shoitage in accordance witfa RESPA, but in no more tfaan 12 monthly payments. If there is a deficioicy of Funds held m escrow, as defined under RESPA, Lendo shaU notifyBorrowo as required by RESPA, and Borrower shaU pay to Lender the amount necessaiy to make up tfae deficioKty in accordance witfa RESPA, but in no more than 12 monthly payments. Upon payment in fiiU of all sums secuied by this Security Instrument, Lender shaU prompfly refimd to Bonowo any Funds faeld by Lendo. 4. Charges; Liens. Borrower shaU pay all taxes,a^essmoits, cfaarges, fines,and hnpositions attributable to the Property which can attain priority over fliis Security Instrument, leasdiold payments or ground rents on the Property, if any, and Coinmunity Assodation Dues, F e ^ , and Assessments, if any. To flie extent that these items are Escrow Items. Boirowo sfaall pay them in the manner provided in Section 3. Borrower shaU pronqifly discharge any Uen whidi has priority ovo thisSecurity Instrument unless Borrower: (a) agrees in writing to the paymoit oftfae obUgation secured by tfae lien in a manno acceptable to Lender, but only so long as Borrower is performmg such agreement; (b) contests flie lien m good faith by, or defoids against enforconent of flie lien in, legal proceedings wiuch in Lender's opinion operate to prevent the enfoicement of the lien wiule those proceedings are pending, but only untU suchproceedings are concluded; or (c) secures fiom the holdo of the lien an agieement satisfactory to Lender subordinatmg tfae Uen to ttiis Security Instrument. If Loider determines tfaat any pan of the Property is subject to a Uen yMdi can attain priority o v o fliis Security Instrument, Lender may give Borrowo a notice identifying tfae lioi. Within 10 days of tfae date on wiiicfa tfaat notice is givoi. Borrower sfaaU satisfy the lien or take one or more of flie actions set forfli above in fliis Section 4. Lendo may require Borrower to pay a one-time chaige for a real estatetax verification and/or rqiorting service used by Lendo in connection wifli tfais Loan. 5. I ¥ o p a ^ Insiiraiice. Boirower diaU keqi tfae improvements now existing orfaereaftoerectedon the Propeity insured against loss byfire, hazanis included witfain the term'extended coverage,' and any otfao faazaids induding,bm not liinited to, eartbquakes andfioods,for wiudi Lendo requires insurance. This insurance shaU be maintained in flie amounts (induding deductiblelevels) and fortfae [leriods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the torn of the Loan. Tfae insurance carrier providing tfae insurance sbaU be cfaosen by B o n o w o subjectto Lender's right to disapprove Bonower's choice, wtiicfarigtit shaU not be exercised unreasonably. Lendo may require Borrower to pay, in comiection with thisLoan, eitho: (a) a one-time diarge for flood zone determination, certification and tracking services; or (b) a one-time charge forflood zone detennination and cenification servicesand subsequent charges each time remqipings or sinulardianges occur whidi reasonably might affed such detomination or certification. Borrower shaU also be responsible fortfae payment of any feesiinposed by the Federal &nogotcy Managonem Agency m connection witfathe review of any fiood zone detomination resulting fiom an objection by Borrower. MFL41FFORM33-18594 "* , , . ,„,„ ,,„, •6AIFL) (0005).03 PB9060116 f I FormSOlO 1/01 Book9034/Page529