Complaint,Petition: DEUTSCHE BANK NATIONAL TRUST COMPANY , atf New Century Home Equity Loan Trust 2005 3 Plaintiff vs Diaz, Milton et al Defendant

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                                Filing # 35575829 E-Filed 12/15/2015 04:26:40 PM

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION

Deutsche Bank National Trust Company, as
Indenture Trustee, for New Century Home
Equity Loan Trust 2005-3

Plaintiff,
-vS.-

Milton Diaz; Denise L. Diaz; Bankers
Insurance Company; Sherry Lynn Diaz; Chase
Bank USA, N.A.; Discover Bank; American
Express Centurion Bank; Unknown Parties in
Possession #1, If living, and all Unknown
Parties claiming by, through, under and against
the above named Defendant(s) who are not
known to be dead or alive, whether said
Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other
Claimants; Unknown Parties in Possession #2,
If living, and all Unknown Parties claiming by,
Defendant(s) who are not known to be dead or
alive, whether said Unknown Parties may claim
an interest as Spouse, Heirs, Devisees,
Grantees, or Other Claimants

Case #:

Defendant(s).

VERIFIED COMPLAINT TO FORECLOSE MORTGAGE

Plaintiff, Deutsche Bank National Trust Company, as Indenture Trustee, for New Century

Home Equity Loan Trust 2005-3, sues the Defendant(s) and states:

1 This is an action to foreclose a mortgage on real property located in Lee County,

Florida, and by reason thereof the venue for this matter is in Lee County, Florida.

2. Borrower(s) Milton Diaz and Denise L. Diaz executed and delivered a Promissory

Note (“Note”) dated May 21, 2005 and Milton Diaz and Denise L. Diaz executed a Mortgage

(“Mortgage”) dated May 21, 2005 securing payment of the Note to the payee named thereon. The

eFiled Lee County Cl

Page 1 of 6

lerk of Courts Page 1Mortgage was recorded in Official Records Book 04845, Page 3609, of the Public Records of Lee
County, Florida, and mortgaged the property described in the mortgage then owned by and in
possession of the mortgagor(s). True and correct copies of said Note and Mortgage, are attached
hereto as Exhibit "A" and Exhibit "B" respectively.

3, The parties subsequently modified the aforementioned loan documents. A copy
of the Loan Modification is attached hereto as Exhibit “C”.

4. The Defendants, Milton Diaz and Denise L, Diaz, executed the Loan Modification.

5. Plaintiff is in physical possession of the original Note, an exact copy of which is
attached hereto as Exhibit “A”, and by virtue of being in possession of such original Note, is the
holder of that Note.

6. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or

subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's

predecessors in interest.

7. Defendants, Denise L. Diaz and Milton Diaz, Wife and Husband, are the current
owners of the real property which is the subject of the Mortgage.

8. All conditions precedent to the acceleration of the Note and Mortgage and the
filing of the instant foreclosure complaint have been fulfilled.

9. There has been a default in the payment of the amounts due under the Note and
Mortgage in that the payment due for December 1, 2014 and all subsequent payments have not
been made.

10. Plaintiff declares the full amount payable under the Note and Mortgage to be due

and payable,

Page 2 of 6

eFiled Lee County Clerk of Courts Page 211. Defendants who may be held personally liable for a deficiency, if any, are the
notemakers, Milton Diaz and Denise L. Diaz, unless any of such Defendants have been
discharged in bankruptcy in which event no deficiency is or will be sought.

12. There is now due and owing the principal sum of $120,301.05 accruing interest
pursuant to the terms of the aforementioned loan documents and together with all sums that may
be due for taxes, insurance, escrow advances, and expenses and costs of suit including but not
limited to filing fees, recording fees, title search and examination fees, fees due for service of
process and such other costs as may be allowed by the Court.

13. Plaintiff is obligated to pay plaintiff's attorney a reasonable fee for their services
and seeks an award of attorney’s fees. Plaintiff is entitled to recover its attorneys’ fees under the
Note and Mortgage.

14. That the Defendant, Bankers Insurance Company, might have some claim or

demand in the subject property by virtue of a Mortgage in the amount of $10,000.00, recorded

April 15, 2008, recorded under Official Records Instrument No. 2008000099318 of the Public
Records of Lee County, Florida, and all other rights, claims, liens, interest, encumbrances and
equities, either recorded or unrecorded, if any in the subject real property. The above-described
interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in
said property.

15, That the Defendant, Sherry Lynn Diaz, might have some claim or demand in the
subject property by virtue of a Mortgage in the amount of $30,000.00, recorded October 14,
2008, recorded under Official Records Instrument No. 2008000271220 of the Public Records of
Lee County, Florida, and all other rights, claims, liens, interest, encumbrances and equities,

either recorded or unrecorded, if any in the subject real property. The above-described interest

Page 3 of 6

eFiled Lee County Clerk of Courts Page 3of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said
property.

16. That the Defendant, Chase Bank USA, N.A., might have some claim or demand
in the subject property by virtue of a Final Judgment, recorded under Official Records
Instrument No. 2009000040353 and by virtue of a Final Judgment recorded under Official
Records Instrument No. 2010000196155 of the Public Records of Lee County, Florida, and all
other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if
any in the subject real property. The above-described interest of said Defendant(s) in the subject
property is inferior to the interest of the Plaintiff in said property.

17. That the Defendant, Discover Bank, might have some claim or demand in the
subject property by virtue of a Final Judgment, recorded under Official Records Instrument No.

2011000156924 and by virtue of a Final Judgment recorded under Official Records Instrument

No. 2011000182687 of the Public Records of Lee County, Florida, and all other rights, claims,
liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject
real property. The above-described interest of said Defendant(s) in the subject property is
inferior to the interest of the Plaintiff in said property.

18. That the Defendant, American Express Centurion Bank, might have some claim
or demand in the subject property by virtue of a Final Judgment, recorded under Official Records
Instrument No. 2011000135352 and by virtue of a Final Judgment recorded under Official
Records Instrument No. 2011000202835 of the Public Records of Lee County, Florida, and all
other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if
any in the subject real property. The above-described interest of said Defendant(s) in the subject

property is inferior to the interest of the Plaintiff in said property.

Page 4 of 6

eFiled Lee County Clerk of Courts Page 419, That the Defendant, Unknown Parties in Possession #1, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) who
are not known to be dead or alive, whether said Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.

20. That the Defendant, Unknown Parties in Possession #2, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) who
are not known to be dead or alive, whether said Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or

mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.

WHEREFORE, plaintiff demands judgment foreclosing the mortgage, for costs and for
attorneys’ fees, and respectfully requests that the court enter a Final Judgment: (a) enumerating
all amounts the court determines due to Plaintiff pursuant to said Note and Mortgage, (b)
ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in
whole or in part; (c) adjudging that the right, title and interest of any party claiming by, through,
under or against any Defendant named herein be deemed inferior and subordinate to the
Plaintiff's Mortgage lien and be forever barred and foreclosed; (d) retaining jurisdiction of the
court in this action to make any and all further orders and judgments as may be necessary and

proper, including issuance of a writ of possession and the entry of a deficiency, only when and if

(This space intentionally left blank)

Page 5 of 6

eFiled Lee County Clerk of Courts Page 5such deficiency is sought; and, (e) for such other and further relief as the court may deem just

and proper.

ELA. R. Cl 1.110(b) VERIFICATION

Under penalty of perjury, I declare that I have read the foregoing Complaint te Foreclose Mortgage, and
the facts alleged therein are true and correct to the best of my “1 and belief.

By:.

Print Name: Chris Lechtanskt
Title:

Date: U-24- Zar”

Deutsche Bank National Trust Company, as Indenture
Trustee, for New Century Home Equity Loan Trust
2005-3 by Carrington Mortgage Services, LLC as
Servicer and Attorney-in-Fact

~"~*Pursuant to Fla. R. Jud. Admin, 2.516(b)(1)(A), Plaintiff's counsel
hereby designates its primary email address for the purposes of
email service as: SFGBocaService@logs.com*

SHAPIRO, FISHMAN & GACHE, LLP

Attorneys for Plaintiff

2424 North Federal Highway, Ste 360

Boca Raton, Florida 33431

Telephone: (561) 998-6700

Fax: (561) 998-6707

For Email Service Only: SFGBocaService@logs.com
For all other inquiries: Idiskin@logs.com

art WO d DIA
Lara in, Esq.

FL Bar # 43811

Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.

15-285726 FCO1 CGG

Page 6 of 6

eFiled Lee County Clerk of Courts Page 6Exhibit

eFiled Lee County Clerk of Courts Page 72 YEAR RATE Lock D>

ADJUSTABLE RATE NOTE
(LIBOR Six-Month Index (As Published In The Wall Street Journal) - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE

AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXINUM RATE | MUST PAY.

May 21, 2605 FORT MYERS FLORIDA
(Dete} [City] [State]

1507 WAPLE DRIVE , FORT MYERS, FLORIDA 33907
[Property Address)

1, BORROWER’S PROMISE TO PAY
In return for a Joan that I have received, I promise to pay U.S. $ 108,000.00 (his amount is called
"Peincipal"), plus interest, to the order of Lender. Lender is Home123 Corporation

1 wll make all payments under this Nots in the form of cash, check or money onder,
T understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to
recelve payments under this Note is called the "Note Holder.”

2, INTEREST
Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I will pay interest at a yearly
rate of 6.0500 4%. The interest rate I will pay may change in accordance with Section 4 af this Note,

‘The interest rate required by this Section 2. and Section 4 of this Note is the rate I will pay both before and after any
default described in Section 7() of this Note.

3. PAYMENTS
(A) Time and Place of Payments
I will pay Principal and intezest by making a payment every month,
I will make my monthly payments on the first day af each month beginning oa July 1 2005 -

applied to interest before Principal If,on June 1, 2035 +1 still owe amounts under this
‘Note, I will pay those amounts in full on that date, which is called the "Maturity Date,"

Iwill make my monthly payments at 340 Commerce
Irvine, CA 92602
of ata different place if required by the Note Holder,

(B) Amount of My Initial Monthly Payments

Each of my initial monthly payments will be in the amount of U.S.$ 651.00 + This amount
may change.

{C} Monthly Payment Changes . .

Changes in my monthly payment will refiect changes in the unpaid Principal of my loan and in the interest rate that I must
ay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with
‘Section 4 of this Note,

0002194503

MULTISTATE ADJUSTABLE RATE NOTE - LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL) -
Single Family - Fannle Mae UNIFORM INSTRUMENT
Amended for Florida

SBHzs09N(F 1) (0006) Form 3520 1/01
moro A
Paget ote instal,

a)

eFiled Lee County Clerk of Courts Page 84," INTEREST RATE AND MONTHLY PAYMENT CHANGES

(A) Change Dates
‘The interest rate I wilt pay may change on the first day of June 2007 1 and on thet day every
BE a The aka neteaer ach dete on which my interest rae could change i exiled « "Change Dat"

Beginning with the first Change Date, my interest rate will be based on an Index. The “Index” is the average of interbank
offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street
Journal, The most recent Index figure available as of the first business day of the month immediately preceding the month in
‘which the Change Date occurs is called the "Current Index.”

If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information,
‘The Note Holder will give me notice of this choice.

(C) Calculation of

Before each Change Date, the Note Holder will calculate my new interest rate by adding Five and Eight-Tanths

percentage points( 8.8000 %) to the Current
Index. The Note Holder will then round the result of this addition to the nearest on¢-cighth of one percentage point (0.125%).
‘Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date,

‘The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid.
Principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal
payments, The result of this calculation will be the new amount of my monthly payment.

(D) Limits on Interest Rate Changes

‘The interest rate I am required to pay at the Grst Change Date will not be greater than 7.5500 %
orlessthan 6.0500 %, Thereafter, my interest rate will never be increased or decreased on any single
‘Change Date by more than One and One-Halt percentage point(s) (1.500 %)
from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater
than 13.0500 %.

(©) Effective Date of Changes

My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment
‘beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again,
®) Notice of Changes
‘The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly
payment before the effective date of any change. The notice will include information. required by law to be given to me and also
the title and telephone numbex of a person who will answer any question I may have regarding the notice,

5. BORROWER’S RIGHT TO PREPAY

Thave the right to make payments of Principal at any time before they are due, A payment of Principal only is known as 4
“Prepayment,” When I make a Prepayment, I will tell the Note Holder im writing that 1 am doing so. I may not designate a
payment as a Prepayment if I have not made all the monthly payments due under this Note.

‘I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Nots Holder will use
my Prepayments to reduce the amount of Principal that I 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 reduce the
Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly
‘payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my
monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial
Prepayment may be offset by an interest rate increase.

6. LOAN CHARGES

Tf a law, which applies to this Joan and which sets maximum loan charges, is finally interpreted so that the interest or other
Joan charges collected or to be collected in connection with this loan exceed the permitted Limits, then: (a) any such Joan charge
shall be seduced by the amount necessary to rednce the charge to the permitted limit; and (b) any sums already collected from
me thet exceeded permitted limits will be refunded to me, The Note Holder may chaose to 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, the reduction will be treated

9 2 partial Prepayment.

0002134503

Form 3570 1/01
BdseseNiFL) 19008) Fagezeis ‘inka,

Wd

eFiled Lee County Clerk of Courts Page 97. BORROWER'S FAILURE TO PAY AS REQUIRED

(A) Late Charges for Overdne Payments

Tf the Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, I will pay a late charge to the Note Holder, The amount of the charge will be
5.00 % of my overdue payment of principal and intarest, I will pay this late charge promptly but
only once on each late payment.

(B) Default

‘HEI do not pay the fall amount of each monthly payment on the date it is due, I will be in default.

(C) Notice of Default

‘If am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal that 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,

() No Waiver By Note Holder

Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.

(B) 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 costs and expenses in enforcing this Note to the extent not prohibited by applicable Jaw. Those
expenses incinde, for example, reasonable attomeys’ fees,

4, 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 I give the Note
‘Holder a notice of my differeat address. .
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will
be given by mailing it by first class mail to ike Nois Holder at the address stated in Section 3(A) above or at a difftreai uisiresw
if T am given a notice of that different address.

9. OBLIGATIONS OF PERSONS UNDER THIS NOTE.

Tf more than one person signs this Note, cach person is fully and personally obligated to keep all of the promises made in.
this Note, incnding the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, inchiding the obligations of a guarantor, surety
‘of endorser of this Note, is also obligated to keep all of the promises made in this Note, The Note 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 Note.

10, WAIVERS:

T and any other person who has obligations undec this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts dus, "Notice of Dishonor" means the
Aight to require the Note Holder to give notice to other persons thal amounts duc have not been paid.

11, 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 Mortzage, Deed of Trust, or Security Deed (the "Security Instrument”), dated the same date as
this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that 1 make in this Note.
‘That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
emounts I owe under this Note. Some of thoss conditions read as follows:

0002134503

Form 3620 1/01
S__ssenFyy yo008) Page sors inttlniss,

WO

eFiled Lee County Clerk of Courts Page 10Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, incloding, but not limited to, those beneficial
‘interests transfezted in a bond for deed, contract for deed, installment salea contract or esctow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.

If all or any part of the Property or any Interest in the Property is sold or transfered (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent,
‘Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this ontion
shall not be excrcised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this
option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended
transfctce aa if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's
‘security will not be impaired by the loan assumption and. that the risk of a breach of any covenant or agreement in
this Security Instrument is acceptable to Lender.

‘To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's
consent to the Joan assumption, Lender also may require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and
in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument
‘unless Leader releases Borrower in writing,

If Lender exerciges the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration. The notics shall provide a 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. If
‘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.

12, DOCUMENTARY TAX
‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED,

Me bes (Sex!) -
TLTOR DIAZ Bocrower Borrower

(Seal) (Seal)
Borrower “Borrower
(Seal) (Seal)
-Honower -Borrowor
(Seal) (Seal)
Borrower Borrower
pay to the order of, without recor

Homet22: ov

THe: ANS 0002134503

B;s80N(FL) (0008) Page sets Form 8520 1/01

eFiled Lee County Clerk of Courts Page 11Exhibit

eFiled Lee County Clerk of Courts Page 12Bs ev

Return To:
Homet23 Corporation INSTR # 6949439
OR BK G4845 Pys 3689 - 36213 (23pgs)
340 Commerce RECORDED 98/15/2085 11786348 AN
Irvine, CA 92602 CHARLIE GREEN, CLERK OF COURT
LEE COUNTY, FLORIDA
RECORDING FEE 197.88
This document was prepared by: N76 DOC 378.86
Rome123 Corporation INTANGIBLE 216.68
34O Commerce DEPUTY CLERK Robinson

Prod, CAVAGOR

[Space Above This Line For Recording Dats]

MORTGAGE

DEFINITIONS

‘Words used in multiple sections of this document are defined below and other words are defined in Sections
3, H, 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 May 2, 2005 :
‘with all Riders to this document.

(8) "Borrower" is

ENISE L DIAZ AND MILTON DIAZ, WIFE AND HUSBAND

Borrower is the mortgagor under this Security Instrument.
(C) "Lender is Home123 Corporation

Lender iss CORPORATION
organized and existing under the laws of CALIFORRIA

0002134503
FLORIDA-Singie Family-Fannle Mae/Freddle Mao UNIFORM (NSTRUMENT Form 3010 1/05

SAF comer

or se: \
"aaron.

#1)

Book4845/Page3609 Page 1 of 23

eFiled Lee County Clerk of Courts Page 13Lender's address is 340 Commerce
Irvine, CA 92602
Lenider is the martgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Bosrower and dated May 21, 2005 .
‘The Note states that Borrower owes Lender One Hundred Eight Thousand and Hor100 mececee
Us.s 108,000.00 pus tere Bowrowes has promise to pay tis Ace in pute Peso
‘Payments and to pay the debt in full not later than June 1, 2035

) "Property" Tmeans the property that is described below under the heading "Transfer of Rights in the

Prony

©) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and Jats charges
due under the Note, and all sums due under this Security Instrument, plus interest.

(G) “Riders means afl Riders to this Secarity Instrument thet are executed by Borrower, The following
Riders are to be executed by Borrower [check box as applicable):

Picea Condominium Rider ‘Second Home Rider
Balloon Rider Planned Unit Development Rider |_] 1-4 Family Rider
VA Rider Biweekly Payment Rider Orher(s) (specify?

Prepayment Rider

Arm Rider Addendem
(4) "Appticable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,

non-appealable judicial opinions.

@) "Comminily Association Dues, Feet, and Assesaments" means all dus, fes,asesaments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.

J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape So a5 0 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) "Miscellancous Proceeds" means any compensation, scitlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the caverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
Gii) conveyance in tiex of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Pruperiy.

(QM) "Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or default on,
the Loan,

(N) "Periodic Payment" means the regularly scheduled amount duc for (@) principal and interest under the
Note, phus (i) any amounts under Section 3 of this Security Instrument,

0002134503
‘otal,
ZB 9(F L) (00051.01 Page zat se Form 3019 1/01

#\)

Book4845/Page3610 Page 2 of 23
eFiled Lee County Clerk of Courts Page 14(©) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 CPR, Part 3500), 1s 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 us a “federally related mortgage loan"
under RESPA.

(®) “Successor in Interest of Borrower" means any party that has taken tide to the Property, whether or not
that party has asmumed 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 alt renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
‘Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender 7 the folowing desceibed property locate in te COUNTY [Type of Recording Jurisdiction)

[Name of Recording Jurisdictiool:
ee TEAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.

Parcel 1D Number: 11452406000260240 which currently has the address of
1507 NAPLE DRIVE [Street]
FORT MYERS [City], Florida 33907 [Zip Code}
("Property Address"):

TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
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.”

0002134503
ona
ERCP) to0081.01 Pages ol 16 Form 3010 1/01

wD

Book4845/Page3611 Page 3 of 23
eFiled Lee County Clerk of Courts Page 15BORROWER 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
Property.

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
parsuant 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 instrurnent received by Lender as payment under the Notc or this
Security Instrument is returned to Lender unpaid, Lender may require thet any or alf subsequent payments
due under the Note and this Security Instrument be made in ane or more of the following forms, as selected
by Lender: (@) cash; (b) money order; (c) certified check, bank check, weasurer'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 {4} Blectronic 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 heceunder 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 unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment lo bring the Loan current. If
Borrower docs not do so within a reasonable period of ime, Lender shall either apply such funds or return
them to Borrower, If not applied earlier, such funds will be applica 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.

2, Application of Payments or Proceeds, Except as otherwise described in this Section 2, afl payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts duc 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 Security Instrument, and then to reduce the principal
‘balance of the Nowe.

If Lender receives a payment from Borrower for a delinquent Pesiodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied tp the delinquent payment and the
late charge. If more than one Periodic Paymeat is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and 10 the extent that, each payment can be paid in

0002134503
inte:
Bvt {0005).01 Pagoda ol 16 Form 3010 1/01

y

ple

Book4845/Page3612 Page 4 of 23
eFiled Lee County Clerk of Courts Page 16full. To the extent that any excess exists after the payment 1s 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 firet to any prepayment charges and then as described in the Note,

encambrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums

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) ar 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, cr 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 interest or
camings 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 required by
RESPA.

0002134803
BB_-WFL) (0008.01 Page 50116 Form 3010 wot

WL) SF

Book4845/Page3613 Page 5 of 23
eFiled Lee County Clerk of Courts Page 17Wotiy Borrower as requited by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more 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, esgessments, charges, fines, and imposiions
‘Atriburabie to the Propeny which can attain priority over this Security Instrument, leasehold payments or
Sround rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
‘mtea that these items are Escrow lems, Borrower shall pay them inthe manner provided in Section 3,

defends
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded:
oF (¢) secures from the holder of the lien an agreement satisfectory to Lender subordinating the lien w this
Security Tostrument, If Lender deteemines that any part of the Property is eubject 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 oo which that notice is given, Borrower shall satisfy the lien ar take one or more of the
actions set forth abave in this Section 4,

Lender may require Borrower to pay a one-time change for a real estate tax verification andjor reporting
service used by Lender in connection with this Loan,

5. Property Insurance. Borrower shell keep the improvements now existing or hereafter erected on the
Property insured against toss by fire, hazards included within the term "extended coverage,” and any other

Borrower to pay, in connection with this Loan, ether: (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

If Borrower fails to mainiain 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 ar might not
Protect Borrower, Borrower's equity in the Property, or the contente of the Property, against any risk, hazard

9002134503

Tein:
@D,-s(FL) 005).01 Pago ot 18. Form 3010 1/01

uw |

Book4845/Page3614 Page 6 of 23
eFiled Lee County Clerk of Courts Page 18or liability and might provide greater or lesser coverage than was previously in effect. Bomower
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 aiiditional 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 payable, with such interest, upon notice from Lender
to Borrower requesting payment.

Ail 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. Lendet 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 # standard morigage 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. Uniess 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
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
‘hold such insurance proceeds unti] 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 agreoment is made in writing or Applicable Law requires
interest to be paid ou such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds, Fees for public adjustera, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shalll 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 Security 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 seule 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 auch rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Propeny or 10 pay amounts unpaid under the
‘Note or this Security Instrument, whether or not then due.

6. Occupancy. Borrower shall occupy, establish, and usc thc 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 ai least one year after the date of occupancy, unless Lender otherwise

6002134503

By HF Ly (0008.01 Form 3010 W701
Book4845/Page3615 Page 7 of 23

eFiled Lee County Clerk of Courts Page 19agrees 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.
‘Whether or not Borrower is residing in the Property, Borrower shail 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 proceeds for such purposes. 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. 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 suck repair or restoration.

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 Application. 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, ot inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan, Material representations include, but
‘are not limited to, representations concerning Borrawer's occupancy of the Property as Borrower's principal
residence.

%. Protection of Lender’s Interest iu ihe Property and Rights Under tliis Security Instrument. If
(6) 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 onforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonabl> or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lendes’s actions can include, but are not limited to: (a) paying any sums secured by a lien which
‘has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to
‘protect its interest in the Property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property 10
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminale
building or other code violations or dangerous conditions, and have utilities mmned on or off. Although
‘Lender may take action under this Section 9, Lender does not have lo du gu und ix not under any duty ot
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.

Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear intezest at the Note rate from the date of

0002134503
toate:
By -AFL) 100085.01 Page aot te Form 3010 ¢/0t

WD

Book4845/Page3616 Page 8 of 23
eFiled Lee County Clerk of Courts Page 20disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting

Payment.

If this Security Instrument is cn a leasehold, Borrower shall comply with all the provisions of the ease.
If Borrower acquires fee title to the Property, the leaschold and the fee title shall not merge unless Lender
agrees to the merger in writing.

10. Mortgage Insurance. If Lender required Mortgage Insararice 8 @ coudition of cxaking the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
‘owand the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coveenge
substantially equivalent 19 the Mergage Insurance previously in effec, ata cost equivalent to

der for
Law. Noihing in this Section 10 affects Borowex’s obligation to pay intezest at the rate provided in the Nots,

Mortgage reimburses Lender (or any entity that purchases the Not) for certain Loss it may
incur if Borrower does not repay the Losn as. |. Borrower is not a tw the Mortgage Insurance.
insurers evaluate their total risk on all such insurance in from time to time, and may

Mortgage
cater into agreements with other parties that share or modify their risk, or reduce losses. These agreements are
on sens and conditions that are satisfactory to the morgage insurer the ater party (ot pats) to these
uproemenns, These agreements may require te mortgage insurer to make payments using any soutos of funds
the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance

ams).

As a result of these agreements, Lender, of the Note, another insurer, any reinsurer, any
other entity, tay afte of any ofthe forégoing may roctve (Geely or ndzely) amos ha dx
from (or might be characterized as) a portion of Borrower's payments for Insurance, in
for sharing or modifying the mortgago insures’s risk, or reducing losses. If such agreement provides that an

afhlie of Lender takes a share of te insurer's isk in exchange fr @ share of th premiums paid 10 the
Br, aragenet in ma ‘captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
aa one ao ara