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Filing # 44336414 E-Filed 07/22/2016 05:04:56 PM
IN THE CIRCUIT CIVIL COURT OF THE EIGHTH JUDICIAL CIRCUIT
FLORIDA, IN AND FOR ALACHUA COUNTY
CIVIL DIVISION
CENTRAL MORTGAGE
col
Case No. 01-2015-CA-004368
Plaintiff,
VS. Division MG
MICHELLE M. RAMBUSKI,
MICHELLE M. RAMBUSKI AS
SUCCESSOR TRUSTEE UNDER
THE JULIE M. JOHNSON
REVOCABLE FAMILY TRUST
AGREEMENT DATED DECEMBER
19, 2008, UNKNO
DEVISEES, GRANTEES
ASSIGNEES, LIENO
CREDITORS, TRUSTEES OF JULIE
JOHNSON A/K/A JULIE M.
JOHNSON A/K/A JULIE MARIE
JOHNSON, DECEASED.
UNKNO BENEFICIARIES OF
THE JULIE M. JOHNSON
REVOCABLE FAMILY TRUST
AGREEMENT DATED DECEMBER
19, 2008, COREY RAMBUSKI.
KNOWN HEIR OF JULIE
JOHNSON A/K/A JULIE M
JOHNSON A/K/A JULIE MARIE
JOHNSON, DECEASED, et al
Defendants.
/
NOTICE OF FILING ORIGINAL NOTE, ORIGINAL MORTGAGE AND ORIGINAL
ASSIGNMENT OF MORTGAGE
PLEASE TAKE NOTICE that Plaintiff, CENTRAL MORTGAGE COMPANY, hereby
files the attached the original Note, the original Mortgage, and the original Assignment of
Mortgage.
Edward B. Pritchard / Florida Bar #712876
epritcha@kasslaw.com
Attorney for Plaintiff
Kass Shuler, P.A.
1505 N. Florida Ave.
Tampa, Florida 33602-2613
NOTICE OF FILING ORIGINAL NOTE, ORIGINAL MORTGAGE AND ‘ALACHUA COUNTY,
ORIGINAL ASSIGNMENT OF MORTGAGE 01-2015-CA-004368
327446/1559790/rbi
1
'2015 CA 004368" 44336414 Filed at Alachua County Clerk 07/25/2016 08:15:00 AM EDT
Phone (813) 229-0900
Fax (813) 229-3323
The Primary e-mail address for electronic
service of all pleadings in this case under Rule
2.516 is as follows:
ForeclosureService@kasslaw.com
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing NOTICE OF FILING ORIGINAL
NQTE, ORIGINAL MORTGAGE AND ORIGINAL ASSIGNMENT OF MORTGAGE has
shed to, ch of the following named parties by United States Mail or Email on
, 2016.
S&ved via Email Served via Email
JOHN F. ROSCOW, IV JOHN F. ROSCOW, IV
HOLDEN, CARPTER & ROSCOW, PL HOLDEN, CARPTER & ROSCOW, PL
5608 NW 43” Street 5608 NW 43" Street
GAINESVILLE, FL 32653 GAINESVILLE, FL 32653
john@gnv-law.com john@gnv-law.com
Attorney for Defendant, MICHELLE M. Attorney for Defendant, MICHELLE M.
RAMBUSKI RAMBUSKI AS SUCCESSOR TRUSTEE
UNDER
THE JULIE M. JOHNSON REVOCABLE
FAMILY TRUST AGREEMENT DATED
DECEMBER 19, 2008
Served via U.S. Mail
COREY RAMBUSKI, KNOWN HEIR OF
JULIE JOHNSON A/K/A JULIE M.
JOHNSON
A/K/A JULIE MARIE JOHNSON,
DECEASED
114 W. DONOVAN AVE
WOODSTOCK, IL 60098
Edward B. Pritchard / Florida Bar #712876
epritcha@kasslaw.com
Attorney for Plaintiff
Kass Shuler, P.A.
1505 N. Florida Ave.
Tampa, Florida 33602-2613
Phone (813) 229-0900
Fax (813) 229-3323
The Primary e-mail address for electronic
service of all pleadings in this case under Rule
2.516 is as follows:
ForeclosureService@kasslaw.com
NOTICE OF FILING ORIGINAL NOTE, ORIGINAL MORTGAGE AND ‘ALACHUA COUNTY
ORIGINAL ASSIGNMENT OF MORTGAGE 01-2015-CA-004368
327446/1559790/rbi
Page
°"Freatecs
RR
NOTE
August 24, 2005 Orange CA
[Date] ICiy) [State]
4902 NE 4th place, GAINESVILLE, FL 32641
{Propeny Audios}
1, BORROWER'S PROMISE TO PAY
In return for a foan that I have received, I promise to pay U.S. $75.623.00 (this amount is called *Principal”),
plus interest, to the order of the Lender. The Lender is Ameriquest Mortgage Company
Iwill make all payments under this Note in the form of cash, check or money order.
L understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
‘entitled to reveive payments under this Note is called the "Note Holder.”
2. INTEREST
Interest will be charged on unpaid principal umit the full amount af Principal has heen paid. I will pay interest at 8 yearly
rate of 6
The interest rate required by this Section 2 isthe rate T will pay both before and after any default described in Section 6(B)
of this Nowe.
3. PAYMENTS
(A) Time and Place of Payments
| will pay principal and interest by making a payment every month,
Twill make my monthly payment on the 1 St day of each month beginning on October 1, 2005 with
make these payments every month until 1 have paid all of the principal and interest and any other charges described below that1
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied 1o interest
before Principal. 1f, on September 1, 2035 1 still owe amounts under this Note, | will pay thosc amounts in full on
that date, which is called the "Maturity Date."
Twill make my monthly paymentsat 505 City Parkway West. Suite 100, Orange, CA 92868
or at a different place if required by the Noic Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 453.40
4, BORROWER'S RIGHT TO PREPAY
Ubave the right to make payments of Principal at any time betore they are due. A payment of Principal only is known as a
"Prepayment." When | make a Prepayment, } will tell the Note Holder in writing that 1 am doing so. I may not designatc a
payment as a Prepayment if 1 have not made all the monthly payments due under the Note.
Tmay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that t owe under this Note, However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to seduce the
Principal amount of the Note. If-1 make a partial Prepayment, there will be no changes in the due date or in the amount of my
‘monthly payment unless the Note Holder agrees in writing to those changes.
FLORIDA FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Nec UNIFORM INSTRUMENT
a
SNF coos Form 3210 1/01
VM MORTGAGE FORMS
- (2001521-7281
Page vot 9 ie
® e
5. LOAN CHARGES
If a faw, which applies to this Joan and which sets maximum loan charges, is finally interpreted so that the interest or other
Joan charges collecied or to be collected in connection with this loan exoced the, permitted limits, then: (3) any such loan charge
shall be reduced by the amount nccessaty to reduce the charge to the permitted limit; and (b) any sums already collected from.
me which exceded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing’ the
Principal 1 owe under this Note or by making a direct payment to me, If a refund reduces Principal, the reduction will be treated
25a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
{A) Late Charge for Overdue Payments
if the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days
after the date it is due, 1 will pay # late charge to the Note Holder. The amount of the charge will be 6.000 %of
‘my overdue payment of principal and interest. I will pay this tate charge promptly but only once on each fate payment.
(B) Default
If [do not pay the full amount of each monthly payment on the date it is due, { will be in default
(C) Notice of Default
If 1 am in default, the Note Holder may send me a written notice telling me that if J do not pay the overdue amount by 2
certain date, the Note Holder may require me to pay immediately the full amount of Principal whick has not been paid and all
the interest that I owe on that amount. That date must be at least. 30 days after the date on which the notice is mailed to me or
delivered by other means,
(D) No Waiver By Note Holder
Even if, at a time when 1 am in default, the Note Holder docs not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if { am in default at a later time
{E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its cosis and expenses in enforcing this Note to the extent not prohibited by applicable taw. Those
‘expenses include, tor example, reasonable attorneys’ fecs.
7. GIVING OF NOTICES
‘Unless applicable law requires a different method, 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 to me at the Property Address above or at a different address if } give the Note
Holder a notice of my different address,
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by maiting it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If raore 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 promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated fo do these things. Any person who takes aver these obligations, including the obligations of a guarantor, surcty
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rit ts
under this Note against each person individually or against all of us together. This means that any one of us may be required 10
pay all of the amounts owed under this Note.
9. WAIVERS
Vand uny other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
" rescniment” means the tight to require the Note Holder to demand payment of amounts due. "Notice of Dishonor” means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
a
Form 10191
By SNIFL 108) ay
e @
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, 4 Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the sume date as
this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions t may be required to make immediate payment in full
of all amounts T owe under this Note. Some of those conditions are described as follows:
If all o¢ any part of the Property or any Inlerest in the Property is sold or transferred (or if Borrower is
not a naiural person and a beneticial interest in Borrower is sold or transterred) without Lender's prior written
consent, Lender may cequire immediate payment in fall of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is probibited by Applicable Law.
1 Lender exercises this option, Lender shall give Borrower notice of aceetcration. The notice shalt
provide a period of not fess than 30 days trom the date the notice is given in accordance ith Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fuils 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,
11, DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securingtl indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Les In
9a (Seal) (Seal)
Julie ¥ Johnson Borrower Borrower
(Seal) (Seal)
Borrower Borrower
(Seal) (Seal)
Borrower Borrower
(Seal) (Seal)
Borrower Borrower
“TaN states
‘Notary Public - State of Pisida (Notary Public - State of Florida. {Sign Original Only}
Commision Expires Feb 22, Commmieson
Expires Feb 22, 2006
Commission
# 00 S900
a °, ‘Commission# OD 380003
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Form 3210 1/01
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RECORDED IN OFFICZAL RECORDS
TGTRIMENT # 2100859 1) Po
2005 SEP 07 10:52 AM BK 3209 PG 813
aE: J. K, "BUDDY" IRBY
CLERK OF CIRCUIT COURT
ALACHUA COUNTY, FLORIDA
CLERK10 Receipt#251755
Doc Stamp-Mort: 64.95
Intang. Tax: 151.25
_ a a
This document was prepared by: Ameri quest Mortgage Company —
Nicole Anderson
3800 American Blvd. West,
Suite 800,Bloomington, MN
55431 SCANNED
ISpace Above This Line For Reeording Data]
MORTGAGE
AND ESCROW
potumt? \,"7485 CONROY-WINDERMERE RD
Crean, oo
DEFINITIONS
Words used in multiple sections of thisdocument are defined below-and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated August 24, 2005
together with all Riders to this document.
(B) "Borrower" is Julie M Johnson, An Unmarried Person
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is Amaxiquest Mortgage Company
FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
08/24/2005 2:53:45
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AMBFL (0310)
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Page
# of 18 tritits
MP Mortgage Solutions (800)521-7291
TTR 4 21689
19 08S
Lender is a Corporation
organized and existing under the laws of Delaware
Lender's address is 1100 Town and Country Road, Suite 200 Orange, CA 92868
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated August 24, 2005
The Note states that Borrower owes Lender seventy-five thousand six hundred
twenty-three and 00/100 Dollars
(U.S. $ 75,623.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than September 1, 2035 :
(E) "Property" means the property that is described below under the heading “Transfer of Rights in the
Property."
{F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable}: ’
[2] Adjustable Rate Rider [—] Condominium Rider [2] second Home Rider
Balloon Rider Planned Unit Development Rider Cota Family Rider
VA Rider Biweekly Payment Rider Other(s) [specify]
(H) "Applicable Law" means ail controlling applicable federal, state and Jocal statutes, regulations,
ordinances and administrative niles and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(2) "Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(3) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
dratt, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers,
(K) "Escrow Items" means those items that are described in Section 3.
(L) “Miscellaneous Proceeds" means any compensation, scttlcement, award of damages, or proceeds paid
by any thifd party (other than insurance proceeds paid under the coverages described in Section S) for: (i)
Pago 208 18
wD. Form 3010 1/01
AMBFL (0310)
a 08/24/2005 2:53:45
~
WSTRNENT #29
19
-
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the
(N) "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 Security Instrument.
(0) "RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(P) “Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Notc; and (ii) the performance of Borrower's covenants and agrccments under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender, the following described property located in the County {Type of Recording Juisdiction}
of ALACHUA [Name of Recording Jurisdiction}
Legal Description Attached Hereto and Made a Part Hereof.
Page 301 18
KW Form 3010 1/01
AMGFL. (0310)
08/24/2005 2:53:45
ewe #2883
OR
Parcel ID Number: 10864-062-000 which currently has the address of
4902 NE 4th place [Sneet}
GAINESVILLE {City}, Florida 32641 [Zip Code}
("Property Address"):
TOGETHER WITH all the improvements now or hereafter crected on the property, and all cascments,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
roperty.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall 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 also pay funds for Escrow Items
pursuant 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 under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Sccurity Instrument be made in onc or more of the following forms, as sclected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if-the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted, If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest
‘on unapplicd funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall cither apply such funds
‘or retum them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have
now or in the future against Lender shall relieve Borrower from making payments due under the Note and
this Security Instrument or performing the covenants and agreements secured by this Security Instrument.
AMEFL (0310) Page
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DREN #216888
19 PMG
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest duc
under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be
applied to each Periodic Payment in the order in which it became due, Any remaining amounts shall be
applied first to late charges, second to any other amounts due under this Sccurity Instrument, and then to
reduce the principal balance of the Note.
If Lender receives a° payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal duc under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) Icaschold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at
any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow
Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay
the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for
any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,
Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which
payment of Funds has been waived by Lender and, if Lender requires, shalf furnish to Lender receipts
evidencing such payment within such time period as Lender may require. Borrower's obligation to make
such payments and to provide reccipts shall for all purposes be deemed to be a covenant and agreement
contained in this Security Instrument, as the phrase "covenant and agreement” is used in Section 9. If
Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay.such amount and
‘Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke
the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,
upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
AMGFL (0310) Page
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TRUE 8 GRE
19 FS
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose ‘deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such 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
intefest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be
paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
fequired by RESPA.
If therc-is a surplus of Funds held in escrow, as defined under RESPA, Lender shalt account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up.
the deficicncy in accordance with RESPA, but in no morc than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fincs, and impositions
attributable to the Property which can attain priority over this Security Instrument, leaschold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them ini the manner provided iu Section 3.
Borrower shall promptly discharge any lien which bas priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the licn in good faith by,
or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the cnforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) secures from the holder of the licn an agrecment satisfactory to Lendcr subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower-a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions sct forth above in this Section 4,
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Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably, Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification, Borrower shall also be responsible for the payment of any fecs
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to- maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender’s option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payablc, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Iria
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STRUT 21685)
19 FSS
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
Progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law
Tequires intcrest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or carnings on such proceeds. Fees for public adjusters,-or other third parties, retained by Borrower
shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration
‘or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Sccurity Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may usc the insurance proceeds cither to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrecs in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
‘hether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to
prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined
pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair
the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are
paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing
or restoring the Property only if Lender has released procceds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a single payment or ina series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
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Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Appl ition. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with mater | information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
tesidence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
{a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do
Preview
Filing # 44336414 E-Filed 07/22/2016 05:04:56 PM IN THE CIRCUIT CIVIL COURT OF THE EIGHTH JUDICIAL CIRCUIT FLORIDA, IN AND FOR ALACHUA COUNTY CIVIL DIVISION CENTRAL MORTGAGE col Case No. 01-2015-CA-004368 Plaintiff, VS. Division MG MICHELLE M. RAMBUSKI, MICHELLE M. RAMBUSKI AS SUCCESSOR TRUSTEE UNDER THE JULIE M. JOHNSON REVOCABLE FAMILY TRUST AGREEMENT DATED DECEMBER 19, 2008, UNKNO DEVISEES, GRANTEES ASSIGNEES, LIENO CREDITORS, TRUSTEES OF JULIE JOHNSON A/K/A JULIE M. JOHNSON A/K/A JULIE MARIE JOHNSON, DECEASED. UNKNO BENEFICIARIES OF THE JULIE M. JOHNSON REVOCABLE FAMILY TRUST AGREEMENT DATED DECEMBER 19, 2008, COREY RAMBUSKI. KNOWN HEIR OF JULIE JOHNSON A/K/A JULIE M JOHNSON A/K/A JULIE MARIE JOHNSON, DECEASED, et al Defendants. / NOTICE OF FILING ORIGINAL NOTE, ORIGINAL MORTGAGE AND ORIGINAL ASSIGNMENT OF MORTGAGE PLEASE TAKE NOTICE that Plaintiff, CENTRAL MORTGAGE COMPANY, hereby files the attached the original Note, the original Mortgage, and the original Assignment of Mortgage. Edward B. Pritchard / Florida Bar #712876 epritcha@kasslaw.com Attorney for Plaintiff Kass Shuler, P.A. 1505 N. Florida Ave. Tampa, Florida 33602-2613 NOTICE OF FILING ORIGINAL NOTE, ORIGINAL MORTGAGE AND ‘ALACHUA COUNTY, ORIGINAL ASSIGNMENT OF MORTGAGE 01-2015-CA-004368 327446/1559790/rbi 1 '2015 CA 004368" 44336414 Filed at Alachua County Clerk 07/25/2016 08:15:00 AM EDT Phone (813) 229-0900 Fax (813) 229-3323 The Primary e-mail address for electronic service of all pleadings in this case under Rule 2.516 is as follows: ForeclosureService@kasslaw.com CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing NOTICE OF FILING ORIGINAL NQTE, ORIGINAL MORTGAGE AND ORIGINAL ASSIGNMENT OF MORTGAGE has shed to, ch of the following named parties by United States Mail or Email on , 2016. S&ved via Email Served via Email JOHN F. ROSCOW, IV JOHN F. ROSCOW, IV HOLDEN, CARPTER & ROSCOW, PL HOLDEN, CARPTER & ROSCOW, PL 5608 NW 43” Street 5608 NW 43" Street GAINESVILLE, FL 32653 GAINESVILLE, FL 32653 john@gnv-law.com john@gnv-law.com Attorney for Defendant, MICHELLE M. Attorney for Defendant, MICHELLE M. RAMBUSKI RAMBUSKI AS SUCCESSOR TRUSTEE UNDER THE JULIE M. JOHNSON REVOCABLE FAMILY TRUST AGREEMENT DATED DECEMBER 19, 2008 Served via U.S. Mail COREY RAMBUSKI, KNOWN HEIR OF JULIE JOHNSON A/K/A JULIE M. JOHNSON A/K/A JULIE MARIE JOHNSON, DECEASED 114 W. DONOVAN AVE WOODSTOCK, IL 60098 Edward B. Pritchard / Florida Bar #712876 epritcha@kasslaw.com Attorney for Plaintiff Kass Shuler, P.A. 1505 N. Florida Ave. Tampa, Florida 33602-2613 Phone (813) 229-0900 Fax (813) 229-3323 The Primary e-mail address for electronic service of all pleadings in this case under Rule 2.516 is as follows: ForeclosureService@kasslaw.com NOTICE OF FILING ORIGINAL NOTE, ORIGINAL MORTGAGE AND ‘ALACHUA COUNTY ORIGINAL ASSIGNMENT OF MORTGAGE 01-2015-CA-004368 327446/1559790/rbi Page °"Freatecs RR NOTE August 24, 2005 Orange CA [Date] ICiy) [State] 4902 NE 4th place, GAINESVILLE, FL 32641 {Propeny Audios} 1, BORROWER'S PROMISE TO PAY In return for a foan that I have received, I promise to pay U.S. $75.623.00 (this amount is called *Principal”), plus interest, to the order of the Lender. The Lender is Ameriquest Mortgage Company Iwill make all payments under this Note in the form of cash, check or money order. L understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is ‘entitled to reveive payments under this Note is called the "Note Holder.” 2. INTEREST Interest will be charged on unpaid principal umit the full amount af Principal has heen paid. I will pay interest at 8 yearly rate of 6 The interest rate required by this Section 2 isthe rate T will pay both before and after any default described in Section 6(B) of this Nowe. 3. PAYMENTS (A) Time and Place of Payments | will pay principal and interest by making a payment every month, Twill make my monthly payment on the 1 St day of each month beginning on October 1, 2005 with make these payments every month until 1 have paid all of the principal and interest and any other charges described below that1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied 1o interest before Principal. 1f, on September 1, 2035 1 still owe amounts under this Note, | will pay thosc amounts in full on that date, which is called the "Maturity Date." Twill make my monthly paymentsat 505 City Parkway West. Suite 100, Orange, CA 92868 or at a different place if required by the Noic Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 453.40 4, BORROWER'S RIGHT TO PREPAY Ubave the right to make payments of Principal at any time betore they are due. A payment of Principal only is known as a "Prepayment." When | make a Prepayment, } will tell the Note Holder in writing that 1 am doing so. I may not designatc a payment as a Prepayment if 1 have not made all the monthly payments due under the Note. Tmay make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that t owe under this Note, However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to seduce the Principal amount of the Note. If-1 make a partial Prepayment, there will be no changes in the due date or in the amount of my ‘monthly payment unless the Note Holder agrees in writing to those changes. FLORIDA FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Nec UNIFORM INSTRUMENT a SNF coos Form 3210 1/01 VM MORTGAGE FORMS - (2001521-7281 Page vot 9 ie ® e 5. LOAN CHARGES If a faw, which applies to this Joan and which sets maximum loan charges, is finally interpreted so that the interest or other Joan charges collecied or to be collected in connection with this loan exoced the, permitted limits, then: (3) any such loan charge shall be reduced by the amount nccessaty to reduce the charge to the permitted limit; and (b) any sums already collected from. me which exceded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing’ the Principal 1 owe under this Note or by making a direct payment to me, If a refund reduces Principal, the reduction will be treated 25a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED {A) Late Charge for Overdue Payments if the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, 1 will pay # late charge to the Note Holder. The amount of the charge will be 6.000 %of ‘my overdue payment of principal and interest. I will pay this tate charge promptly but only once on each fate payment. (B) Default If [do not pay the full amount of each monthly payment on the date it is due, { will be in default (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if J do not pay the overdue amount by 2 certain date, the Note Holder may require me to pay immediately the full amount of Principal whick has not been paid and all the interest that I owe on that amount. That date must be at least. 30 days after the date on which the notice is mailed to me or delivered by other means, (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder docs not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if { am in default at a later time {E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its cosis and expenses in enforcing this Note to the extent not prohibited by applicable taw. Those ‘expenses include, tor example, reasonable attorneys’ fecs. 7. GIVING OF NOTICES ‘Unless applicable law requires a different method, 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 to me at the Property Address above or at a different address if } give the Note Holder a notice of my different address, Any notice that must be given to the Note Holder under this Note will be given by delivering it or by maiting it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If raore 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 promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated fo do these things. Any person who takes aver these obligations, including the obligations of a guarantor, surcty or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rit ts under this Note against each person individually or against all of us together. This means that any one of us may be required 10 pay all of the amounts owed under this Note. 9. WAIVERS Vand uny other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. " rescniment” means the tight to require the Note Holder to demand payment of amounts due. "Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. a Form 10191 By SNIFL 108) ay e @ 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, 4 Mortgage, Deed of Trust, or Security Deed (the “Security Instrument"), dated the sume date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions t may be required to make immediate payment in full of all amounts T owe under this Note. Some of those conditions are described as follows: If all o¢ any part of the Property or any Inlerest in the Property is sold or transferred (or if Borrower is not a naiural person and a beneticial interest in Borrower is sold or transterred) without Lender's prior written consent, Lender may cequire immediate payment in fall of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is probibited by Applicable Law. 1 Lender exercises this option, Lender shall give Borrower notice of aceetcration. The notice shalt provide a period of not fess than 30 days trom the date the notice is given in accordance ith Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fuils 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, 11, DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securingtl indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Les In 9a (Seal) (Seal) Julie ¥ Johnson Borrower Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower “TaN states ‘Notary Public - State of Pisida (Notary Public - State of Florida. {Sign Original Only} Commision Expires Feb 22, Commmieson Expires Feb 22, 2006 Commission # 00 S900 a °, ‘Commission# OD 380003 ‘Inka Neen, (g5— BP, BMFL 2081 onde Page 30t 3| ga om Form 3210 1/01 ~ eoiahitie ne AT ‘othe ho atald~ 2d sO ate o ws si tole 200 $8 d04 eat ecizetrsn0 fecns S$ de emigx3: rodeeE G8 ncierieen ENE GAB nnd noch yu tani - O39 NSSNBL HON: ‘AB © FDILN: as “AW. anvinod a0¥9H SBIR 46 WIGUO SHL OL AVE te RECORDED IN OFFICZAL RECORDS TGTRIMENT # 2100859 1) Po 2005 SEP 07 10:52 AM BK 3209 PG 813 aE: J. K, "BUDDY" IRBY CLERK OF CIRCUIT COURT ALACHUA COUNTY, FLORIDA CLERK10 Receipt#251755 Doc Stamp-Mort: 64.95 Intang. Tax: 151.25 _ a a This document was prepared by: Ameri quest Mortgage Company — Nicole Anderson 3800 American Blvd. West, Suite 800,Bloomington, MN 55431 SCANNED ISpace Above This Line For Reeording Data] MORTGAGE AND ESCROW potumt? \,"7485 CONROY-WINDERMERE RD Crean, oo DEFINITIONS Words used in multiple sections of thisdocument are defined below-and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated August 24, 2005 together with all Riders to this document. (B) "Borrower" is Julie M Johnson, An Unmarried Person Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Amaxiquest Mortgage Company FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 08/24/2005 2:53:45 + i AMBFL (0310) . Page # of 18 tritits MP Mortgage Solutions (800)521-7291 TTR 4 21689 19 08S Lender is a Corporation organized and existing under the laws of Delaware Lender's address is 1100 Town and Country Road, Suite 200 Orange, CA 92868 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated August 24, 2005 The Note states that Borrower owes Lender seventy-five thousand six hundred twenty-three and 00/100 Dollars (U.S. $ 75,623.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2035 : (E) "Property" means the property that is described below under the heading “Transfer of Rights in the Property." {F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable}: ’ [2] Adjustable Rate Rider [—] Condominium Rider [2] second Home Rider Balloon Rider Planned Unit Development Rider Cota Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] (H) "Applicable Law" means ail controlling applicable federal, state and Jocal statutes, regulations, ordinances and administrative niles and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (2) "Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (3) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, dratt, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (K) "Escrow Items" means those items that are described in Section 3. (L) “Miscellaneous Proceeds" means any compensation, scttlcement, award of damages, or proceeds paid by any thifd party (other than insurance proceeds paid under the coverages described in Section S) for: (i) Pago 208 18 wD. Form 3010 1/01 AMBFL (0310) a 08/24/2005 2:53:45 ~ WSTRNENT #29 19 - damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the (N) "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 Security Instrument. (0) "RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) “Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Notc; and (ii) the performance of Borrower's covenants and agrccments under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following described property located in the County {Type of Recording Juisdiction} of ALACHUA [Name of Recording Jurisdiction} Legal Description Attached Hereto and Made a Part Hereof. Page 301 18 KW Form 3010 1/01 AMGFL. (0310) 08/24/2005 2:53:45 ewe #2883 OR Parcel ID Number: 10864-062-000 which currently has the address of 4902 NE 4th place [Sneet} GAINESVILLE {City}, Florida 32641 [Zip Code} ("Property Address"): TOGETHER WITH all the improvements now or hereafter crected on the property, and all cascments, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real roperty. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall 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 also pay funds for Escrow Items pursuant 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 under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Sccurity Instrument be made in onc or more of the following forms, as sclected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if-the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted, If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest ‘on unapplicd funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall cither apply such funds ‘or retum them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. AMEFL (0310) Page 4 of 18 a 08/24/2005 2:53:45 DREN #216888 19 PMG 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest duc under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Sccurity Instrument, and then to reduce the principal balance of the Note. If Lender receives a° payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal duc under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) Icaschold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shalf furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide reccipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay.such amount and ‘Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. AMGFL (0310) Page § of 18 AH Form 3010 1/01 a 08/24/2005 2:53:45 = TRUE 8 GRE 19 FS Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose ‘deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such 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 intefest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as fequired by RESPA. If therc-is a surplus of Funds held in escrow, as defined under RESPA, Lender shalt account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up. the deficicncy in accordance with RESPA, but in no morc than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens, Borrower shall pay all taxes, assessments, charges, fincs, and impositions attributable to the Property which can attain priority over this Security Instrument, leaschold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them ini the manner provided iu Section 3. Borrower shall promptly discharge any lien which bas priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the licn in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the cnforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the licn an agrecment satisfactory to Lendcr subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower-a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions sct forth above in this Section 4, AMEFL (0310) Page 6 of 18 a 08/24/2005 2:63:45 ISR : Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably, Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of any fecs imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to- maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender’s option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payablc, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Iria AMEFL (0310) Page 7 of 18 Form 3010 1/01 a 08/24/2005 2:53:45 _ - 7 STRUT 21685) 19 FSS Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of Progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law Tequires intcrest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or carnings on such proceeds. Fees for public adjusters,-or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration ‘or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Sccurity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may usc the insurance proceeds cither to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrecs in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. ‘hether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released procceds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or ina series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. AMEFL (0310) Page 80H 16 LH. Form 3010 1/01 ee 08/24/2005 2:53:45 — a ier #2 Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Appl ition. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with mater | information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal tesidence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If {a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do