Preview
Filing # 34129837 E-Filed 11/05/2015 03:52:56 PM
IN THE CIRCUIT CQURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGI-I COUNTY, FLORIDA
DITECH FINANCIAL LLC F/K/A
GREEN TREE SERVICING LLC,
CASE NO:
Plaintiff,
vs.
KELLY FLOYD;
THE UNKNQWN SPOUSE OF KELLY FLOYD;
HERITAGE ISLES GOLF AND COUNTRY CLUB
COMMUNITY ASSOCIATION, INC.;
NASSAU POINTE AT HERITAGE ISLES
HOMEOWNERS ASSOCIATIONS, INC.;
BEDGOOD CONSTRUCTION CO., INC.;
THE UNKNOWN TENANT IN POSSESSION OF
18140 PARADISE POINT DRIVE, TAMPA, FL 33647;
Defendants.
/
VERIFIED COMPLAINT To FORECLOSE MORTGAGE
COMES Now, Plaintiff DITECH FINANCIAL LLC F/K/A GREEN TREE
SERVICING LLC, by and through its undersigned legal counsel, and sues Defendants, KELLY
FLOYD; THE UNKNOWN SPOUSE OF KELLY FLOYD; HERITAGE ISLES GOLF AND
COUNTRY CLUB COMMUNITY ASSOCIATION, INC.; NASSAU POINTE AT HERITAGE
ISLES HOMEOWNERS ASSOCIATIONS, INC.; BEDGOOD CONSTRUCTION CO., INC.;
THE UNKNOWN TENANT IN POSSESSION OF 18 140 PARADISE POINT DRIVE, TAMPA,
FL 33647; and as grounds there for, states:
1. This is an action to foreclose a mortgage on real property located in Hillsborough
County, Florida. Plaintiff is in physical possession of the note, which has been endorsed in blank,
and is therefore the holder of the note. The Plaintiff is registered in the State of Florida or is
Green Tree Serv king LLC vs Kelly Floyd
11/05/2015 3:52 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 1
otherwise authorized to do business in the State of Florida.
2. On or about December 16, 2005, Kelly Floyd executed and delivered a note in the
original principal amount of $100,000.00 in favor of Stearns Lending, Inc. On or about
December 16, 2005, Kelly Floyd executed and delivered a Mortgage securing payment of the
Note in favor of Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for
Stearns Lending, Inc., which was secured by real property described in the mortgage, together
with all existing and future improvements, fixtures and structures, which was subsequently
assigned to Bank of America, N.A., Successor by merger to BAC Home Loan Servicing LR FKA
Countrywide Home Loans Servicing LP, which was subsequently assigned to Green Tree
Servicing LLC. The property, which is described as follows:
Lot 9, Block IZ, Nassau Point Town homes At Heritage Isles Phase l, according to the
plat thereof; recorded in Plat Book 86, Page 95, of the Public Records of Hillsborough
County, Florida.
Commonly known as 18140 Paradise Point Drive, Tampa, FL 33647
3. The mortgage was recorded in Official Records Book 16018, Page 732; and the
assignment of mortgage to Bank of America, N.A., Successor by merger to BAC Home Loan
Servicing LP, FKA Countrywide Home Loans Servicing LP was recorded in Official Records
Book 21414, Page 1827; and the assigmnent of mortgage to Green Tree Servicing LLC was
recorded in Official Records Book 21936, Page 498; all of the Public Records of Hillsborough
County, Florida. A copy of the note, mortgage, mortgage assignments, and certificate of merger
are attached hereto and made a part hereof as Composite Exhibit "A." The originals will be filed
with the Court in a subsequent tiling.
4. Plaintiff has performed its obligations as required by the note and mortgage
Green Tree Servicing LLC vs Kelly Floyd
11/05/2015 3:52 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 2
described above and there has been a default under the terms of the note and mortgage due to a
failure to make the payment due on December l, 2014, and all subsequent payments. Plaintiff
provided the appropriate Notice of Default and Right to Cure as required by the mortgage, if any,
prior to initiating this action. A copy of the Notice of Default and Right to Cure is attached hereto
as Exhibit "B."
5. Plaintiff declares the full amount payable under the note and montage to be due.
6. Plaintiff has performed all conditions precedent to bring this action as required by
law and the terms of the note and mortgage.
7. There is owed the principal sum of $86,292.35, plus interest from November 1,
2014, plus any and all late fees, unpaid property taxes, force-placed insurance, unpaid legal fees
and costs, and other related loan items.
8. THE UNKNOWN SPOUSE OF KELLY FLOYD may claim an interest in the
subject property by virtue of marriage to KELLY FLOYD and occupancy of the subject property,
but any interest so claimed is inferior to that of Plaintiff
9. HERITAGE ISLES GOLF AND COUNTRY CLUB COMMUNITY
ASSOCIATION, INC. may claim an interest in the subject property by virtue of any unpaid
condominium or association fees and dues, but any interest so claimed is inferior to that of
Plaintiff
10. NASSAU POINTE AT HERITAGE ISLES HOMEOWNERS ASSOCIATIONS,
INC. may claim an interest in the subject property by virtue of any unpaid condominium or
association fees and dues, by virtue of that certain Claim of Lien dated March 28, 2011, and
recorded in Official Records Book 20431, Page 1879, of the Public Records of Hillsborough
Green Tree Serv king LLC vs Kelly Floyd
11/05/2015 3:52 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 3
County, Florida, but any interest so claimed is inferior to that of Plaintiff. A copy of the
referenced Claim of Lien is attached hereto as Exhibit "C."
ll. BEDGOOD CONSTRUCTION CO., INC. may claim an interest in the subject
property by virtue of that certain Notice of Commencement dated October 23, 2013, and
recorded in Official Records Book 22234, Page 1775, of the Public Records of Hillsborough
County, Florida, but any interest so claimed is inferior to that of Plaintiff A copy of the
referenced Notice of Commencement is attached hereto as Exhibit "D."
12. THE UNKNOWN TENANT IN POSSESSION OF 18140 PARADISE POINT
DRIVE, TAMPA, FL 33647 may claim an interest in the subject property by virtue of occupancy
or possession of the subject property, but any interest so claimed is inferior to that of Plaintiff.
13. Plaintiff has been required to expend sums for a title Search to ascertain the proper
parties to this action and additional costs have been or may be incurred and will be due and
owing at the time of the final judgment.
14. Plaintiff has retained the services of Timothy D. Padgett, RA., to represent it in
this matter and is obligated to pay it a reasonable fee for its services.
WHEREPORE, Plaintiff prays:
1. That this Court enter a judgment foreclosing the Defendants' interest in the
property made the subs act of the mortgage;
2. That this Court award Plaintiff its costs and attorneys' fees in connection with this
action as provided by the mortgage;
Green Tree Servicing LLC vs Kelly Floyd
11/05/2015 3:52 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 4
3. That this C<>ult award to Plaintiff such additional relief as it may deem proper.
FLA,R.CI\AP. 1.l15(e) AFFIRMATION
Under penalty of perjury, I declare that I have read the foregoing Complaint and the facts
alleged therein are true and correct to the best of my knowledge and belief. I declare that to the
best of my knowledge and belief the following facts are also true and correct: (i) Plaintiff is
entitled to enforce the note and mortgage; (ii) the allegations regarding default are true and
accurate; (iii) any notiee(s) required pursuant to the terms of the note and mortgage has/have
been sent, and (iv) Plaintiff has retained its law firm in this action and is obligated to pay its
attorneys fees and costs for services rendered herein.
/'
,¢ " 4 ; ///3/I9°
7
Brittany VanSickl , Document Execution Specialist
Ditech Financial LLC f/k/a Green Tree Sen/icing LLC
STATE OF SOUTH DAKOTA
COUNTY OF PENNINGTON
The foregoing instrument was acknowledged before me this 3 day of
Nave we 'nay , 20 I S`,by Brittany VauSiclde, Document Execution Specialist, of Ditech
Financial LLC f/k/a Green Tree Servicing LLC, a Delaware Limited Liability Company, on
behalf of said company.
\LwuLm8Jn/~V~Y P"~
0/l~ * *oo
s 48 'n
U
go;
99 l
SEAL s§ n_
¢¢\I
1. o *.§'b §Z~'~.< :
rah D232 f
O0"."'."*"§\
Green Tree Servicing LLC vs Kelly Floyd
11/05/2015 3:52 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 5
DATED this 4 day of. l¥/<2»w4» JUSTIN D. PAUL, ESQ
Florida Bar # 112116
<_> JONELLE M. RAINFORD, ESQ.
Florida Bar # 100355
95 MICHAEL T. RUFF, ESQ.
Florida Bar # 688541
<__> EVAN S. SINGER, ESQ.
Florida Bar # 101406
L) BRIAN J. STABLEY, ESQ.
Florida Bar # 497401
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 323 12
(850) 422~2520 (telephone)
(850) 422-2567 (facsimile)
attorney@padgettlaw.net
Attorneys for Plaintiff
pursuant to the Fla. R. Jud. Admin. 2.5 16, the above signed counsel for Plaintiff designates !
jattorney@padgettlaW.net as its primary e-mail address for service, in the above styled matter, of i
i ll pleadings and documents required to be served on the parties.
Green Tree Serv king LLC vs Kelly Floyd
11/05/2015 3:52 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 6
o
1
i
Mm 100 1 8330ou00259831
MBIS Phone: 18888798377
NOTE
LOAN NQ.:35005447
oscwsea 16. 2005 TAMPA FLORHDA
im xc) i( " yi [sis]
18140 PAMDISE POINT DRIVE TAMFA, FL 33847.
[Ps upcny .f\ddrassl
l. noxmownws PROMISE To PAY
100.0 00.00
In return For a Ivan :Hal I have received, I promise to pay U.$. S(this amount is called "Principal"),
plus inrcresr. to the order of the Lender. The Lender is
svanms Lazarus. mc.. A cauromam cowomvmn
I will make all payments under this Nome in the form of cash. check or money order.
I understand that the Lender may transfer this None. The Lender or anyone who lakes this Note by translbr and who is
entit!e1d to rcccxw payments under this Note is called the "Note Holder."
2. lm EREST
merest will by charged on unpaid principal until me full amount ol' Principal has been paid. I will pay interest at a yearly
ram of 6.250 %.
1h<~ mtcrcsz rate required by this Section 2 is :he rats I will pay both before and alien any dcfaull described in Section 6(8)
Qf phi» Now.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the
15 day of each moms beginning on Fanumv. zone . I will
make these payments every month until 1 have paid all of the principal and interim and any other charges described below that l
may owe under this Note. Each monthly paymcm will be applied as of its scheduled due dale and will be applied to interest
befog: Principal. If, on
JANUARY of. zoos . l still awe ammos under this Note, l will pay chase amounts in full on
the "Maturity Date."
that date, which is call
l will make my monthly paeans at STEARNS Lsnmua, mc.
4 iwvrgu came utavs. suns so, SANTA ANA. CA 92707 or at a different place if required by the New Holder.
(B) Ammo of Monthly Payments
My monthly payment will be in the amount of u.s. S
61572
4. Bolmownws RIGHT 'ro PREPAY
I have the right xo make payments of Principal at any time before they are due, A payment el' Principal only is known as a
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am dome so. l may not designate a
payment as a Prepayment if l have not made all the monthly payments due under the Nom.
l may make a liill Prepayment or partial Prepayments without paying a Prepayment charge. The Note Iioldcr will use my
the Note Holder may apply my
Prepayments ro reduce the amount nt' Principal that I owe under this Note. However,
Prepayment to the accrued and unpaid interest on the Prepayment amount. before applying my Prepayment to reduce the
Principal nmeunt ot' the Note. Ill make :i partial Prepayment, there will be no changes in the due date or in the anxeum of my
monthly payment unlesae the Note Holder agrees in writing re those changes.
ME
Uifhlil
VMP~5N(FL) (96081 Psusi <1 3 Farm saw U01
\samsun><:\m svswns ING sue *¢Ew&U2!05/
EXHIBIT u a
11/05/2015 3:52 PM Electronically Filed: Hillsborough Couiity/1 3th Judicial Circuit Page
5. LOAN CHARGES
If a law. which applies so this loan and which sets maximum loan charges. is finally interpreted 'ao that the interest or other
|
loan charges collected or to be collected in connection with this loan excel the permitted limit. then: (xx) any such loan charge
shall he reduced by the amount necessary co reduce the charge to the permitted limit; and (b) any sums already collected from
me which exceeded permitted limits wily be refunded to mc. The Note Holder may choose zoo make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, :he reduction will be mraurd
as a partial Prepayment.
6. Bonkowmrs FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Nom Holder has nm rcceivw the full amount of any monthly payment by the end of
is calendar dabs
alter the date it is due, I will pay a lane charge ao the Note Holder. The amount of the charge will be
s.nu0 M of
my overdue payment of principal and interest. I will pay this late charge promptly bu: only once on each lame payment.
(8) Defnnlt
If 1 do not pay the full amount of each monthly payment on the day: it is due. l will be in default.
(C) Nmlce of Default
If I am in delhult. the Note Holder may send me a warren nnlice telling me that if I do nil pay :he overdue amount by a
certain date. do Note Holder may require me lo pay immediately the full amount of Principal which has Nat been paid am! all
the interest that lure on that amount. That dale must be at least 30 days alls the dale on which the noxicc is mailed to me or
del mtrvd by other scam.
(D) No Waiver By Note Holder
Pym i£ ar a time when I am in default, :he Note Hcldcr docs not require me to pay immediately in full as described
above. the Note Ilokier will still have the rig
to do so if I am in default at a lazar ximc.
(E) Payment of Note llo»lder's Costs and Expenses
' If the Note Holder has required me so pay immediately in Ml as described above. the Note Holder will have :he rlghl no
1
by paid back by me for up of' its casts and expenses in enforcing this Note lo the extent not prohibited by applicable law. Those
expenses include. for example. rezwonablc anomevs' fees.
7. clvmc DFNOTICES
Unless applicable law requires a diilbrcm method. any notice that must be given so mc under :his Note will be given by
delivering ii or by mailing it by Tim: claws mail lc me ai the Properly Address above or at e different address if l give the Nome
Holder a nolicc of my ditibrem address.
Any notice that must he given eo the Note Holder under this Note will be given by delivering n or by mailing it by first
class mail io the Note Holder al the address scared in Sccxion 3(A) above or no a different address if l am given a notice of :her
diflcrcni address.
s. GBLIGATIONS UF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note. including the prolnise to pay the full amount owed. Any person who is as guarantor. surety or endorser of this Note is
also obligated w do these things. Any person who takes over these obligations. including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this None. Tlie None Holder may enforce its rights
under this Note against each person 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 Nntc.
9. WAWERS
i and any other person who has obligations under this Nou: waive the rights of Presermncnl and Notice of Dishonor.
"Presentmcm" means the right ro require rye Note Holder ro demand payment of ammos due. "Noriee of Dishonor" means the
right to require the Nou: Hailer to give notice ro olhcr persons that amounrai due have not been paid.
mixialss
VM?-'5N{FL} 40194553
Form 3210 1/01
11/05/2015 3:52 PM -"EiéEff5i3TT6l]§Ii"C6GI3ty/13fH Judi6i§I-Clrcuit Page
I
D
a
I
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note. a Mortgage, Deed of Trust, or Security Deed (loc "Security lns1rumcnt"). dated the same date as
this Note, protects the Note Holder from powible losses which might result if I do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may by required to make immediate payment in full
of all arnounts Lowe under this Note. Womb of those conditions are described as follows:
If air or any par! of the Property or any lntercst in the Property is sold or transferred (or ifBorr<>wer is
not n natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immwiatc pnymmt in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall
provide n period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. Il' Borrower fails to pay these
sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
Il. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
WITNESS THE I-1AND(S) AND SEAL(S) OF THE UNDERSIGNEI)
4% ` ...(Seal)
5? {Sc:ial}
-Bmwwcr
/' /' H43 I!£aW£.'ii
~~(SCHi)
-H0f1.uwc!
_ (Seal)
4144 lrwwqr
af
92
M.
4 I
§ 1 54 ,1
..(s¢=u) * *
r*. ... Ki.
-Ikxrcwver 3 59 (swf)
léorrowcr
8 4 3'4:
z;§"§* "ar
-9
4. :ruw e
g 4
19 8?
8 <3 .
a ,3 ,,,
8 _ so' 8
3" if 8
f 5; .§
' 4
VMP-5?*l(FL} mass; **-#ae 3 or 3
POMP 3210 1101
11/05/2015 3:52 PM Electronically Filed: Hillsborough County/13th Judlclal Ci `
C
* s
Without reeaursa nay fn the order of
COUNTRYWIDE BANK, NA.
Steams Lending, Inc.
watifomia Cog ration
*~v:
@1959 s 1 .EAM
/S{'r$¢r\ W av
' v ' - 1. A
11/05/2015 3:52 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 10
f 4./ 4 ",r4 p;
:umm nuf nummmn mfmnialrusums asa
4
u 5
.u~41S'rR'»# 320l0fJi332'}3?
C) KK 16-318 PG £)??>2
,ff
4* ;¢ \. f
Pgs 0732 733: £2 Lx. H . 'Tm rv: pew | l. I 'j p r
g'
;>(J /
U*»
/
Borrower is the mnrrgagor under this Security Instrument.
(C) "MERS" is Mortgage Eleclrnnic Regiwrrannn Systems, Inc. MERS is a separate corporation that is
acre solely ns a numinec for Lander and l.¢ndcr's sunccssors and aemigns. MERS is the mortgagee
under this Security Instrument. MERE as organized and existing under me laws of Delaware. and has an
address and telephone of l'.O. Box 2026, Flint. Ml 48501-2026, tel. (888) 679~MERS.
(D) "Lender" is
srenms lemma. mc.. A cAu»=omIA cowommou
FLOWDA»Single Famayimsa uwrnau Ma: unwonu msrwumr WITH MM
WWM ff'/'
Fm sow 1/o1
VMNNFD gums; Fw 1 a \6 Aa
Lmumszamw svsrane mf.: u ;vw>
11/05/2015 3:52 PM Electronically I-IIed: Hlllsborough County/13th Judicial crréuir Page
4.
Lender is n conroswnon
organized and existing under the laws of CAUFDMIA
L¢ndcr' s address is
4 HUTTON came: news. SUITE 500. SANTA ANA. CA 92107
oecaasaz 16. zoos
(E) "Note" means the promissory note signed by Borrower and dated
The Note states that Borrower owes Lender
ouauuunnenruousmomouo/iuoxxxxxxxxxxxxxxxxxxxxxxxxxxx
Dollars
(ILS. S 1oo.ooo.oo )plus inl~.'rc:-K. Borrower has promise w pay this Debi in regular Periodic
Payments and lo pay the dab: in full no: later than
JANUARY ot, :use .
(F) "Property" means the property Thai is described Belo\\ under the heading "Transfer ol' Riglns in the
Prnpertyf
(G) "Loan" means me debt evidenced by the Note. plus interest, any prepayment charges and lah: charges
due under the Note, and all sums due under this Sccuri\y Inarumcnr. plus interest.
(ll) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
I;@glrs are to be executed by Borrower [check box as appltcnblclz
Adjusrablc Rate Rider[Xl Condominium Rider 3 1-4 Family Rider
LJ Graduated Payment Rider [II]
E] Planned Unit Development. Rider Biweekly Payment Rider
EZ] Balloon Rider 3 Rate Improvement Rider Q Second Home Rider
LJ Gdwrfsi fsvwifyi
(I) "Applicable Law" means al! controihng applicable Rrderal. state and local szaxmew. regulations.
0rdmaners and adminis1rati\c rules and m-dcxs (ohm have the effect of law) a , well as nil applicable final.
mn- pcalable judiein! opinions.
(J) 'ommunlty Association Dues, Fees. and Asscssments"means all dues, Ms, asessmems. and
her
or :he Property by a condominium association.
cltargeo that au: irnponed on Borrower honteov.:tern
association ot dmilar organization.
(K) "Electronic Funds Transfer" means any transfer of funds. other than a rramaetitm originated by
check. draft. or similar paper instrument, which is initiated through an cletztronic tenmnal. tc1cphonie
instrument. computer. or magnetic mpc sc as xo order, lI\S\llllCL or authorize a financial institution to debit
or credit an account. Such term tncludw., but as no! limited w. point-of-sale transfers. automated teller
transfers initiated
machine u amactiotts, by telephone,
wire transfers,
and automated clearinghouse
transfers.
(L) "Escrow Items" mcansthose items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the Cm erases det»tcribed in Section 5) fin: (i)
king of all or any part of the
damage to. or destruction off the Property: (ii) condemnation or other
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations obi or omissions as too. the
value and'or condition of the Progeny.
(N) "Mnrtgttge Insurance" means insurance protecting lender against the nonpn)-ment of, or default on.
the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note. plus (ii) any amounts under Section 3 of this Sccuritv kistrnment.
bdtiakf
VMP-&A(FL) mass; Page2916 Form 30101/01
11/05/2015 3:52 PM Electronically Filed: Hillsborough CountW1 3th Judicial Circuit Page
I r 14
(P) "RESPA" means the Real Esnatc Svtrlcmcnt Procedures Ac! (IF U.S.C. Section 2601 eke am.) and ns
implementing regulation, Regulation X (24 C.F.R. Pan 3500), as they might be amend:-A from dmv to
time. or any additional or smcewr lcgislzmon or regulation that govcma the >am¢ subject matter. As used
in this Security Instrument. "RESPA" rcfbrs lo all requirements und rcstrictimms that arc imposed in regard
tm a 'federally regaled mortgage kann" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(Q) "Successnr in Interest of Borrower" means any pony that has taken title w the Property, whether or
mu than party has assumed Borrower' s obhgations under the Note and/or this Security lnsrrumem.
'IRANSFER of RIGHTS IN THE PROPERTY
Thus Security Inetrummt secure to Lender: (i) the repayment of the Loan, and all renewals, extensions and
mwnications of the Note; and (ii) the performance of Borrow-el's covenant.: and ngrecmcnw under this
Sccurizy lnsxrumcm and the Note. Fo: this purpose. Borrower docs hereby montage. gram and convoy xo
MERS (solely as nominee for Lender and Lcudcr's successors and assigns) and to the successors and
a»igns of MERS. the lbllowing dcwribcd propcny located m the COUNTY
of'
Hype ufkemnllmg Jurihdivwnl musaonousu [Name of f\°~=°\'4l\u Jurlxdlcnwl
LOT 9, BLOCK 12, NASSAU Pomp TOWHHOMES AT usamxcss :suns PHASE 1 ACCORDING TO THE
PLAT ¥""*§8§s Rfcorzneo IN me aoox so, PAGE so, OF THE Puauc Rscokns OF nausaoaousa
coup Y, F D
Parcel ID Number: 959251-0788 which currently has the address of
ump Pmnolss POINT my: [SUM]
'run lrhyl. Florida aas u- (lip <*w¢)
(" Property Adtlress" ):
TOGE11~!ER W ITH allthe improvements now or hereatkcr erected on the property.
and all
azwemcnta appurlenanccs. and llxtures now or hereafter 1 pan of the progeny. All replacements and
additions shall aim he cnvcred hy this Setturity Instrument. All of the foregoing is referred lo in this
Security Instrument we the "Properly" Borrower understands and agree; that MERS holds only legal title
to the interest: granted by Borruwcr in this Security Instrument. but. if neecssary no comply with law nr
custom. MERS (as nominee fm L¢ndcr and Lcndcfs suoccwors and a\;sizns) has the right: lo exercise any
or all of thaw intexcsts. including. but no: limited to. the right to lbrcc use and sell the Property; and to
take any acne requirzxl ol' Lender Including. but not limited to, releasing and canceling this Security
V'*'*6*°~(FL) form) 133053 as 15
www_ggi
Form 3010
._
1/cn
1T/0*5f20T53:52 PM vrE1é&tf6m&a11y Filed: Hillsborough County/1 3th Judicial Ciruit Page
BORROWER COVENANIS that Borrower is law lixlly seism of the marc hereby conveyed and has
the right no mortgage, gram and convey the Prop my and xhax the Property is unencumbewd, except For
cncumbrztncen of record. Borrower warrants and will defend generally the mic to the Properly against all
claims and dcmandx, subject lo any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unilbrm
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNlFORM COVENANTS. Borrower and Lender covenant and agree as follows'
1. Payment of Principal. Interest. Escrow Items,
Prepayment Charges, and Late Charges.
Borrower shell pay when due the principal of. and interest on. the debt evidenced by the Note and any
prepayment charges and late charges due under the Note Borrower shall aim pay limes tb: Escrow bans
put want to Section 3. Payments due under the Note and this Security instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment undo the Note or #his
Security instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the lbllooing former, an
aclecwd by Lender (a) cash: (la) money order: to) certitiw check, bank check. treasttrctds check or
¢aShicr's check, provide any such cheek is drawn upon an institution whose deposits art: insured by a