Preview
070-3 17X
IN THE CIRCUIT COURT OF THE 9TH JUDICIAL
CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO:
THE BANK OF NEW YORK AS TRUSTEE FOR
8 -Ci+_ 1172-7
CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE
LOAN TRUST 2006-OC4, MORTGAGE PASS-THROUGH
THE
CERTIFICATES, SERIES 2006-OC4
PLAINTIFF
v s.
C-71 CZ)
CARMEN J. DALEY; UNKNOWN SPOUSE OF CARMEN J. co -7T
_-
DALEY, IF ANY; ANY AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER, AND AGAINST THE
HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE
_.-
NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID C c r`
UNKNOWN PARTIES MAY CLAIM AN INTEREST AS
SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER r-
CLAIMANTS; COUNTRY CHASE COMMUNITY :' S-)
ASSOCIATION II, INC.; COUNTRY CHASE COMMUNITY --
ASSOCIATION, INC.; JOHN DOE AND JANE DOE AS
UNKNOWN TENANTS IN POSSESSION
DEFENDANT(S)
MMMMMO
COMPLAINT TO FORECLOSE MORTGAGE
AND TO ENFORCE LOST LOAN DOCUMENTS
Plaintiff,sues theDefendant(s) and alleges:
COUNT I
1. THIS IS AN ACTION to foreclose a Mortgage on real property in ORANGE County, Florida.
2. This Court has jurisdiction over the subject matterherein.
3. On FEBRUARY 27, 2006 CARMEN J. DALEY, AN UNMARRIED WOMAN executed and delivered a
Promissory Note and a PURCHASE MONEY Mortgage securing payment of the Note to thePayee named
thereon.
4. The Mortgage was recorded on MARCH 9, 2006 in Official Records Book 8519 at page 1391, of the Public
Records of ORANGE County, Florida, and mortgaged the property described in it, then owned by and
possessed by the Mortgagors, a copy of the Mortgage IS attached hereto as"Exhibit "A". Said mortgage
was
subsequently assigned to THE BANK OF NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC4, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2006-OC4 by virtue of an assignment to be recorded.
5. The Plaintiff owns and holds the Note and Mortgage.
6. The property is now owned by theDefendant(s), CARMEN J. DALEY, if living and if dead, the unknown
spouses, heirs and beneficiaries of CARMEN J. DALEY who hold(s) possession.
7. There is a default under the terms of the note and mortgage for the NOVEMBER 1, 2007 payment and all
payments due thereafter.
8. All conditions precedent to the acceleration of thisMortgage Note and to foreclosure of theMortgage have
been fulfilledor have occurred.
9. The Plaintiff declares the full
amount payable under the Note and Mortgage to be due.
10. The borrowers owe Plaintiff $239,900.00 that is due inprincipal on the Mortgage Note and Mortgage,
together with interest from OCTOBER 1, 2007, late charges, and all
costs of collectionincluding title
search expenses for ascertaining necessary parties tothis action and reasonableattorney's fees.
11. Plaintiff is
obligated to pay its attorneya reasonable fee for his services rendered.
12. Defendants, John Doe and Jane Doe, may claim an interest in the property described in the
Mortgage as
tenants pursuant to a lease agreement, either writtenor oral. Said interest is
subject, subordinate,and
inferior to the lien of the
Mortgage held by Plaintiff.
13. In addition to all other named defendants, the unknown spouses, heirs, devisees, grantees, assignees,
creditors, trustees,
successors in interestorother parties claiming an interest in thesubject property by,
through under or againstany of said defendants, whether natural orcorporate, who are not known to be
aliveor dead, dissolved or existing,are joined as defendants herein. The claims of any of said partiesare
subject, subordinate,and inferior to the interest of Plaintiff.
14. The Defendant, COUNTRY CHASE COMMUNITY ASSOCIATION II, INC., is joined because it may
claim some interest inor lien upon thesubject property by virtue of possible association liens and
assessments. Said interest is
subject, subordinate, and inferior to the lien of the
Mortgage held by the
Plaintiff.
15. The Defendant, COUNTRY CHASE COMMUNITY ASSOCIATION, INC., is joined because it may claim
some interest in
or lien upon the subject property by virtue of possible associationliens and assessments.
Said interest is
subject, subordinate, and inferior to the lien of the
Mortgage held by the Plaintiff.
16. The Defendant, UNKNOWN SPOUSE OF CARMEN J.DALEY, is joined because HE may claim some
interest in
or lien upon the subject property by virtue of apossible homestead interest. Said interest is
subject,subordinate and inferior to the interest of the Plaintiffs mortgage.
WHEREFORE, Plaintiff prays: That an accounting may be had and taken under the direction of this Court
of what is due the Plaintiff for
principaland interest on saidMortgage and Mortgage Note, and for the costs, charges
and expenses, including attorney's fees and title search costs, and advancements which Plaintiff may be put to or
incur in and about this suit, and that the Defendants foundresponsible for same be ordered topay the Plaintiff herein
the amounts sofound to be due it; that in default of such payments, all
right, title, interest, claim, demand,
or equity
of redemption of the Defendants and all other persons claiming by, through, under or against said Defendants since
thefilingof the Lis Pendens herein be absolutely barred and foreclosed and that said mortgage property be sold
under the direction of this Court; that out of the
proceeds of said sale, the amounts due the Plaintiff may bepaid so
faras same will suffice; and that a deficiency judgment be entered if applicable and only in theevent no Order of
Discharge of Personal Liability inBankruptcy has been entered as toany of the Defendants who signed the subject
Note and Mortgage and a Writ of Possession be issued.
COUNT II
17. This is an action to enforce alost, destroyed orstolen promissory note and Mortgage under
Fla.Stat.§673.3091.
18. On FEBRUARY 27, 2006, CARMEN J. DALEY, AN UNMARRIED WOMAN, executed and delivered a
Promissory Note and a Mortgage securing payment of the Note to the payee named thereon.
19. The Mortgage was recorded on MARCH 9, 2006 in Official Records Book 8519 at page 1391, of the Public
Records of ORANGE County, Florida, a substantial copy of the Mortgage being attached hereto as
composite Exhibit "A" to the Plaintiff'soriginal Complaint herein.
20. The Plaintiff is not
presently in possession of original Note and Mortgage. However,
a) possession of the Note
the Plaintiff was in and Mortgage and was entitled to enforce THEM when
the loss of possessionoccurred;
b) the loss of possessionwas not the result of a transfer by Plaintiff or lawful
seizure; and
c) the Plaintiff cannotreasonably obtain possession of the Note and Mortgage because THEIR
whereabouts cannot be determined.
21. The terms of the Note are shown on the attached ledger of loan marked as Exhibit
22. The Plaintiff will agree to entry of a Final
Judgment of Foreclosure wherein it will berequired to indemnify
and hold harmless Defendant(s), CARMEN J. DALEY, from any loss they may incur by reason of a claim
by another person to enforce the lost Note and Mortgage.
WHEREFORE, Plaintiff requests entry of judgment confirming its right to enforce the
lost Note and
Mortgage under Fla. Stat.§673.3091.
TO ALL DEFENDANTS: PLEASE NOTE EFFECTIVE OCTOBER 13, 2006, 15 U.S.C. §1692G OF THE
FAIR DEBT COLLECTION PRACTICES ACT HAS BEEN AMENDED AS FOLLOWS:
(a) LEGAL PLEADINGS -
Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is
amended by adding at the end the following new subsection:
"(d) Legal Pleadings A communication in the form of a formal pleading in a civil action shall not
be treated as an initial communication for purposes of subsection (a)."
DEANNE L. TO S
Law Offices of Da id. Stern, P.A.
Attorney for Plainti
900 South Pine Island Road SUITE 400
Plantation, FL 33324-3920
08-56469(CWF)
(954)
233-80004w.'7'114
Bar #: 0012190
F:\GROUP S\FCDOCS\COMPL AM08\08-56469. CMP
111111111 II1 III II 1(1111 II II 1 IMI 11111111
PARED By R RETURN TO: INSTR 20060155779
1
OR 8K 08519 PG 1391 PGS=21
BROKERS TITLE OF ORLANDO Vill, LLC
_
MARTHA 0. HAYNIE, COMPTROLLER
2151 CONSULATE DRIVE, SUITE II
ORANGE COUNTY, FL
ORLANDO, RL$2837
03/09/2996 11: 06:53 AM
AfterRecording ReturnTo: 8/6 /! 3 MTG DOC TAX 839.65
PINNACLE FINANCIAL
CORPORATION INTANG TAX 479.80
2611 TECHNOLOGY DRIVE REC FEE 180.00
ORLANDO, FL 32804
This Document Prepared By:
CHERYL MOONEY
PINNACLE FINANCIAL
CORPORATION
2611 TECHNOLOGY DRIVE
ORLANDO, FL 32804
(407) 578-2000
Line For Recording Data
[Space Above This
MORTGAGE
Dusx
Loan #: 14020927
PIN:23-21-28-1782-02-500
MIN: 100052700140209279
DEFINITIONS
Words used in sections of this document
multiple are def ncd 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 alsoprovided
in Section 16.
(A) "Security Instrument"means this document, which is dated FEBRUARY27, 2006, together with all
Riders to this document.
(B) "Borrower" is CARMEN J. DALEY, AN UNMARRIED WOMAN. Borrower is the mortgagor under
this Security Instrument.
(C) "MERS" is Mortgage Electronic Systems, Inc.
Registration MERS isa that
separate corporation is
acting solely as a nominee for Lender and Lenders successors and assigns. MERS is the mortgagee under
this Security Instrument. MERS is organized and existing under the taws of Delaware, and has an address
and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888).679-MERS.
(D) "Lender" is MORTGAGE FLORIDA, LC. Lender is a LLC organized and existing under the laws of
FLORIDA. Lender's address is 564NORTH SEMORAN BLVD, ORLANDO, FL 32807.
(E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 27, 2006._ The Note
states that Borrower owes Lender TWOHUNDRED THIRTY-NINE "THOUSAND NINE HUNDRED AND
00/100 Dollars (U.S.
$239, 900.00) plus interest. Borrower has promised to pay this debt
in regular
Periodic Payments and to pay the debt in full not later than MARCH
1, 2036.
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment
chargesand latecharges
due under the sums due under this Security Instrument, plus interest.
Note, and all
f
FLORIDA -Single Family- Fannie MadFreddle Mac
UNIFORM INSTRUMENT
qtip 317.42 of 13
Page 1 Form 3010 1101
FlG Return To: 3TO 60,1N/
TicorTitle Insurance
489 State Road 436, Suite 117
Casselberry, FL 32707
Boo Adl9/Page1391 CFN#20060155779 Page 1 of 21
14020927
(H) "Riders" means allRiders to this Security Instrument that are executed by
Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
® Adjustable Rate Rider 0 Condominium Rider O Second Home Rider
O Balloon Rider ® Planned Unit Development Rider O Biweekly Payment Rider
O 1-4 Family Rider M Other(s) f specify] INTEREST-ONLY ADDENDUM TO ADJUSTABLE
RATE RIDER, PREPAYMENT PENALTY RIDER
(I) "Applicable Law" means all controlling
applicable state
federal, and local regulations,
statutes,
rules and orders (that have the effect of law) as
ordinances and administrative well as all applicable final,
non-appealable judicial opinions.
(.n "Community Association Dues, Fees, and Assessments"means all dues,
fees, assessments and other
charges thatare imposed on Borrower or theProperty by a condominium homeowners
association,
association or similar organization.
(In "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which electronic terminal, telephonic instrument,
is initiated through an
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account.Such tens includes,but is not limitedto,point-of-sale automated
transfers, tellermachine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
award of damages, or proceeds paid
(M) "Miscellaneous Proceeds" means any compensation, settlement,
insurance proceeds paid under the coverages described in Section 5) for: (i)
by any third party (other than
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.
(1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(O) "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.
(P) "RESPA" means the Real EstateSettlementProcedures Act (12 U.S.C. § 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 restrictions that
all requirements and are imposed in regardtoa
"federally related mortgage loan" even
if the Loan does not qualify as a "federally
related mortgage loan"
under RESPA.
(Q) "Successorin 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
modificationsof theNote; and (ii)the performanceof Borrower'scovenants and agreementsunder this
For this purpose, Bonrower does hereby mortgage, grant and convey to
Security Instrument and the Note.
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns
of MERS, the following described
propertylocatedin theCOUNTY (Type of Recording Jurisdiction) of
ORANGE (Name of Recording Jurisdiction):
LOT(S) 250, COUNTRY CHASE UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOS 36, PAGE(S) 27, OF THE PUBLIC RECORDS OF ORANGE COUNTY,
FLORIDA.
which currentlyhas theaddress of 1812 GREYSTONE TRAIL, ORLANDO, Florida32818 ("Property
Address"):
FLORIDA Mae/Freddte Mae UNIFORM INSTRUMENT
-Single Family- Fannie
317.42 Page 2
of 13 Form 3010 1101
Book8519/Pagel392 CFN#20060155779 Page 2 of 21
24020927
TOGETHER WITH allthe improvements now or hereaftererectedon 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
Borrower understands and agrees that MERS holds
"Property." only legaltitle to the
interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,
but Property; and to take any action required
right to foreclose and sell the
not limited to, the of Lender
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to
mortgage,grant and convey the Property the
and that Property isunencumbered, exceptfor
encumbrances of record.Borrower warrants and will the title to the Property against all
defend generally
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenantswith limited by jurisdiction to constitute a uniform
variations securityinstrument covering real
Property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Escrow
Interest, Items,Prepayment Charges, and Late Charges.
when due the principal of, and interest
Borrower shall pay on, the debt evidencedby the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuanttoSection 3.Payments due under the Note and this Security in
Instrument shall be made U.S.
if any check or other instrument received by Lender as payment under the Note or this
currency. However,
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following fortes, as selected
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 depositsare insured bya federalagency,
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.
if the payment or partial payments are insufficient to
Lender may return any payment or partial payment
Lender may accept any payment or partial payment insufficient to bring the Loan
bring the Loan current.
its rights to refuse such payment or partial
current, without waiver of any rights hereunder or prejudice to
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 to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return 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.
2. Applicationof Payments or Proceeds.Except as otherwise describedinthisSection 2,all
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 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 Security 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
FLORIDA -Single Family- Fannie Mae/Freddk
Mac UNIFORM INSTRUMENT
qt!'i) 317.42 Page 3
of 13 Form 3010 1/01
400
Book8519/Page1393 CFN#20060155779 Page 3 of 21
14020927
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 due.
Payments, such excess may be applied to any late charges 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 due 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) leasehold 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 byBorrower 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
timeduring the term of the Loan, Lender may requirethatCommunity AssociationDues, 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
In the event of such waiver, Borrower
Escrow Items at any time. Any such waiver may only be in writing.
where payable, the amounts due for any Escrow Items
shall pay directly, when and for which payment of
if Lender requires, shall furnish to Lender receipts evidencing such
Funds has been waived by Lender and,
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts 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.
Lender may, in an amount (a)
at any time, collect and hold Funds 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 shallestimate the amountof Funds due on the basisof current data and
reasonable estimates
of expendituresof future Escrow Items or otherwise in accordance
with Applicable
Law.
The Funds shallbe held in an institution
whose depositsare insuredby a federalagency,
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
specifiedunder RESPA. Lender shall not charge Borrowerfor 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
interest or earnings on the Funds. Borrower and Leader 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.
If there is a
surplusof Funds held inescrow, as defined under RESPA,Lender shallaccount to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
definedunder RESPA, Lender shallnotifyBorrower as required byRESPA, and Borrower shallpay 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 deficiency in accordance with RESPA, but in no more than 12 monthly payments,
FLORIDA -Single Family- Fannie Mae/Freddie
Mac UNIFORM INSTRUMENT
0, 317.42 Page 4 of 13 Form 30101/01
Book8519/Pagel394 CFN#20060155779 Page 4 of 21
14070977
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
Funds held by Lender.
to Borrower any
4. Charges; Liens. Borrower shall
pay all assessments,
taxes, charges,fines,and impositions
attributable to the Property which can attain priority over this Security
Instrument, leasehold 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 in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has 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 lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
theenforcement of the lienwhile those proceedingsarepending, but only untilsuch proceedings are
concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender 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.
Within10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may req
Preview
070-3 17X IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: THE BANK OF NEW YORK AS TRUSTEE FOR 8 -Ci+_ 1172-7 CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC4, MORTGAGE PASS-THROUGH THE CERTIFICATES, SERIES 2006-OC4 PLAINTIFF v s. C-71 CZ) CARMEN J. DALEY; UNKNOWN SPOUSE OF CARMEN J. co -7T _- DALEY, IF ANY; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE _.- NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID C c r` UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER r- CLAIMANTS; COUNTRY CHASE COMMUNITY :' S-) ASSOCIATION II, INC.; COUNTRY CHASE COMMUNITY -- ASSOCIATION, INC.; JOHN DOE AND JANE DOE AS UNKNOWN TENANTS IN POSSESSION DEFENDANT(S) MMMMMO COMPLAINT TO FORECLOSE MORTGAGE AND TO ENFORCE LOST LOAN DOCUMENTS Plaintiff,sues theDefendant(s) and alleges: COUNT I 1. THIS IS AN ACTION to foreclose a Mortgage on real property in ORANGE County, Florida. 2. This Court has jurisdiction over the subject matterherein. 3. On FEBRUARY 27, 2006 CARMEN J. DALEY, AN UNMARRIED WOMAN executed and delivered a Promissory Note and a PURCHASE MONEY Mortgage securing payment of the Note to thePayee named thereon. 4. The Mortgage was recorded on MARCH 9, 2006 in Official Records Book 8519 at page 1391, of the Public Records of ORANGE County, Florida, and mortgaged the property described in it, then owned by and possessed by the Mortgagors, a copy of the Mortgage IS attached hereto as"Exhibit "A". Said mortgage was subsequently assigned to THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OC4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC4 by virtue of an assignment to be recorded. 5. The Plaintiff owns and holds the Note and Mortgage. 6. The property is now owned by theDefendant(s), CARMEN J. DALEY, if living and if dead, the unknown spouses, heirs and beneficiaries of CARMEN J. DALEY who hold(s) possession. 7. There is a default under the terms of the note and mortgage for the NOVEMBER 1, 2007 payment and all payments due thereafter. 8. All conditions precedent to the acceleration of thisMortgage Note and to foreclosure of theMortgage have been fulfilledor have occurred. 9. The Plaintiff declares the full amount payable under the Note and Mortgage to be due. 10. The borrowers owe Plaintiff $239,900.00 that is due inprincipal on the Mortgage Note and Mortgage, together with interest from OCTOBER 1, 2007, late charges, and all costs of collectionincluding title search expenses for ascertaining necessary parties tothis action and reasonableattorney's fees. 11. Plaintiff is obligated to pay its attorneya reasonable fee for his services rendered. 12. Defendants, John Doe and Jane Doe, may claim an interest in the property described in the Mortgage as tenants pursuant to a lease agreement, either writtenor oral. Said interest is subject, subordinate,and inferior to the lien of the Mortgage held by Plaintiff. 13. In addition to all other named defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, trustees, successors in interestorother parties claiming an interest in thesubject property by, through under or againstany of said defendants, whether natural orcorporate, who are not known to be aliveor dead, dissolved or existing,are joined as defendants herein. The claims of any of said partiesare subject, subordinate,and inferior to the interest of Plaintiff. 14. The Defendant, COUNTRY CHASE COMMUNITY ASSOCIATION II, INC., is joined because it may claim some interest inor lien upon thesubject property by virtue of possible association liens and assessments. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by the Plaintiff. 15. The Defendant, COUNTRY CHASE COMMUNITY ASSOCIATION, INC., is joined because it may claim some interest in or lien upon the subject property by virtue of possible associationliens and assessments. Said interest is subject, subordinate, and inferior to the lien of the Mortgage held by the Plaintiff. 16. The Defendant, UNKNOWN SPOUSE OF CARMEN J.DALEY, is joined because HE may claim some interest in or lien upon the subject property by virtue of apossible homestead interest. Said interest is subject,subordinate and inferior to the interest of the Plaintiffs mortgage. WHEREFORE, Plaintiff prays: That an accounting may be had and taken under the direction of this Court of what is due the Plaintiff for principaland interest on saidMortgage and Mortgage Note, and for the costs, charges and expenses, including attorney's fees and title search costs, and advancements which Plaintiff may be put to or incur in and about this suit, and that the Defendants foundresponsible for same be ordered topay the Plaintiff herein the amounts sofound to be due it; that in default of such payments, all right, title, interest, claim, demand, or equity of redemption of the Defendants and all other persons claiming by, through, under or against said Defendants since thefilingof the Lis Pendens herein be absolutely barred and foreclosed and that said mortgage property be sold under the direction of this Court; that out of the proceeds of said sale, the amounts due the Plaintiff may bepaid so faras same will suffice; and that a deficiency judgment be entered if applicable and only in theevent no Order of Discharge of Personal Liability inBankruptcy has been entered as toany of the Defendants who signed the subject Note and Mortgage and a Writ of Possession be issued. COUNT II 17. This is an action to enforce alost, destroyed orstolen promissory note and Mortgage under Fla.Stat.§673.3091. 18. On FEBRUARY 27, 2006, CARMEN J. DALEY, AN UNMARRIED WOMAN, executed and delivered a Promissory Note and a Mortgage securing payment of the Note to the payee named thereon. 19. The Mortgage was recorded on MARCH 9, 2006 in Official Records Book 8519 at page 1391, of the Public Records of ORANGE County, Florida, a substantial copy of the Mortgage being attached hereto as composite Exhibit "A" to the Plaintiff'soriginal Complaint herein. 20. The Plaintiff is not presently in possession of original Note and Mortgage. However, a) possession of the Note the Plaintiff was in and Mortgage and was entitled to enforce THEM when the loss of possessionoccurred; b) the loss of possessionwas not the result of a transfer by Plaintiff or lawful seizure; and c) the Plaintiff cannotreasonably obtain possession of the Note and Mortgage because THEIR whereabouts cannot be determined. 21. The terms of the Note are shown on the attached ledger of loan marked as Exhibit 22. The Plaintiff will agree to entry of a Final Judgment of Foreclosure wherein it will berequired to indemnify and hold harmless Defendant(s), CARMEN J. DALEY, from any loss they may incur by reason of a claim by another person to enforce the lost Note and Mortgage. WHEREFORE, Plaintiff requests entry of judgment confirming its right to enforce the lost Note and Mortgage under Fla. Stat.§673.3091. TO ALL DEFENDANTS: PLEASE NOTE EFFECTIVE OCTOBER 13, 2006, 15 U.S.C. §1692G OF THE FAIR DEBT COLLECTION PRACTICES ACT HAS BEEN AMENDED AS FOLLOWS: (a) LEGAL PLEADINGS - Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is amended by adding at the end the following new subsection: "(d) Legal Pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a)." DEANNE L. TO S Law Offices of Da id. Stern, P.A. Attorney for Plainti 900 South Pine Island Road SUITE 400 Plantation, FL 33324-3920 08-56469(CWF) (954) 233-80004w.'7'114 Bar #: 0012190 F:\GROUP S\FCDOCS\COMPL AM08\08-56469. CMP 111111111 II1 III II 1(1111 II II 1 IMI 11111111 PARED By R RETURN TO: INSTR 20060155779 1 OR 8K 08519 PG 1391 PGS=21 BROKERS TITLE OF ORLANDO Vill, LLC _ MARTHA 0. HAYNIE, COMPTROLLER 2151 CONSULATE DRIVE, SUITE II ORANGE COUNTY, FL ORLANDO, RL$2837 03/09/2996 11: 06:53 AM AfterRecording ReturnTo: 8/6 /! 3 MTG DOC TAX 839.65 PINNACLE FINANCIAL CORPORATION INTANG TAX 479.80 2611 TECHNOLOGY DRIVE REC FEE 180.00 ORLANDO, FL 32804 This Document Prepared By: CHERYL MOONEY PINNACLE FINANCIAL CORPORATION 2611 TECHNOLOGY DRIVE ORLANDO, FL 32804 (407) 578-2000 Line For Recording Data [Space Above This MORTGAGE Dusx Loan #: 14020927 PIN:23-21-28-1782-02-500 MIN: 100052700140209279 DEFINITIONS Words used in sections of this document multiple are def ncd 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 alsoprovided in Section 16. (A) "Security Instrument"means this document, which is dated FEBRUARY27, 2006, together with all Riders to this document. (B) "Borrower" is CARMEN J. DALEY, AN UNMARRIED WOMAN. Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Systems, Inc. Registration MERS isa that separate corporation is acting solely as a nominee for Lender and Lenders successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the taws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888).679-MERS. (D) "Lender" is MORTGAGE FLORIDA, LC. Lender is a LLC organized and existing under the laws of FLORIDA. Lender's address is 564NORTH SEMORAN BLVD, ORLANDO, FL 32807. (E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 27, 2006._ The Note states that Borrower owes Lender TWOHUNDRED THIRTY-NINE "THOUSAND NINE HUNDRED AND 00/100 Dollars (U.S. $239, 900.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 1, 2036. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment chargesand latecharges due under the sums due under this Security Instrument, plus interest. Note, and all f FLORIDA -Single Family- Fannie MadFreddle Mac UNIFORM INSTRUMENT qtip 317.42 of 13 Page 1 Form 3010 1101 FlG Return To: 3TO 60,1N/ TicorTitle Insurance 489 State Road 436, Suite 117 Casselberry, FL 32707 Boo Adl9/Page1391 CFN#20060155779 Page 1 of 21 14020927 (H) "Riders" means allRiders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider 0 Condominium Rider O Second Home Rider O Balloon Rider ® Planned Unit Development Rider O Biweekly Payment Rider O 1-4 Family Rider M Other(s) f specify] INTEREST-ONLY ADDENDUM TO ADJUSTABLE RATE RIDER, PREPAYMENT PENALTY RIDER (I) "Applicable Law" means all controlling applicable state federal, and local regulations, statutes, rules and orders (that have the effect of law) as ordinances and administrative well as all applicable final, non-appealable judicial opinions. (.n "Community Association Dues, Fees, and Assessments"means all dues, fees, assessments and other charges thatare imposed on Borrower or theProperty by a condominium homeowners association, association or similar organization. (In "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which electronic terminal, telephonic instrument, is initiated through an computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.Such tens includes,but is not limitedto,point-of-sale automated transfers, tellermachine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. award of damages, or proceeds paid (M) "Miscellaneous Proceeds" means any compensation, settlement, insurance proceeds paid under the coverages described in Section 5) for: (i) by any third party (other than 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. (1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "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. (P) "RESPA" means the Real EstateSettlementProcedures Act (12 U.S.C. § 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 restrictions that all requirements and are imposed in regardtoa "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successorin 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 modificationsof theNote; and (ii)the performanceof Borrower'scovenants and agreementsunder this For this purpose, Bonrower does hereby mortgage, grant and convey to Security Instrument and the Note. MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described propertylocatedin theCOUNTY (Type of Recording Jurisdiction) of ORANGE (Name of Recording Jurisdiction): LOT(S) 250, COUNTRY CHASE UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOS 36, PAGE(S) 27, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. which currentlyhas theaddress of 1812 GREYSTONE TRAIL, ORLANDO, Florida32818 ("Property Address"): FLORIDA Mae/Freddte Mae UNIFORM INSTRUMENT -Single Family- Fannie 317.42 Page 2 of 13 Form 3010 1101 Book8519/Pagel392 CFN#20060155779 Page 2 of 21 24020927 TOGETHER WITH allthe improvements now or hereaftererectedon 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 Borrower understands and agrees that MERS holds "Property." only legaltitle to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but Property; and to take any action required right to foreclose and sell the not limited to, the of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,grant and convey the Property the and that Property isunencumbered, exceptfor encumbrances of record.Borrower warrants and will the title to the Property against all defend generally claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenantswith limited by jurisdiction to constitute a uniform variations securityinstrument covering real Property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Escrow Interest, Items,Prepayment Charges, and Late Charges. when due the principal of, and interest Borrower shall pay on, the debt evidencedby the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuanttoSection 3.Payments due under the Note and this Security in Instrument shall be made U.S. if any check or other instrument received by Lender as payment under the Note or this currency. However, Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fortes, as selected 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 depositsare insured bya federalagency, 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. if the payment or partial payments are insufficient to Lender may return any payment or partial payment Lender may accept any payment or partial payment insufficient to bring the Loan bring the Loan current. its rights to refuse such payment or partial current, without waiver of any rights hereunder or prejudice to 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 to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return 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. 2. Applicationof Payments or Proceeds.Except as otherwise describedinthisSection 2,all 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 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 Security 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 FLORIDA -Single Family- Fannie Mae/Freddk Mac UNIFORM INSTRUMENT qt!'i) 317.42 Page 3 of 13 Form 3010 1/01 400 Book8519/Page1393 CFN#20060155779 Page 3 of 21 14020927 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 due. Payments, such excess may be applied to any late charges 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 due 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) leasehold 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 byBorrower 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 timeduring the term of the Loan, Lender may requirethatCommunity AssociationDues, 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 In the event of such waiver, Borrower Escrow Items at any time. Any such waiver may only be in writing. where payable, the amounts due for any Escrow Items shall pay directly, when and for which payment of if Lender requires, shall furnish to Lender receipts evidencing such Funds has been waived by Lender and, payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts 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. Lender may, in an amount (a) at any time, collect and hold Funds 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 shallestimate the amountof Funds due on the basisof current data and reasonable estimates of expendituresof future Escrow Items or otherwise in accordance with Applicable Law. The Funds shallbe held in an institution whose depositsare insuredby a federalagency, 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 specifiedunder RESPA. Lender shall not charge Borrowerfor 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 interest or earnings on the Funds. Borrower and Leader 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. If there is a surplusof Funds held inescrow, as defined under RESPA,Lender shallaccount to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as definedunder RESPA, Lender shallnotifyBorrower as required byRESPA, and Borrower shallpay 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 deficiency in accordance with RESPA, but in no more than 12 monthly payments, FLORIDA -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 0, 317.42 Page 4 of 13 Form 30101/01 Book8519/Pagel394 CFN#20060155779 Page 4 of 21 14070977 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund Funds held by Lender. to Borrower any 4. Charges; Liens. Borrower shall pay all assessments, taxes, charges,fines,and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold 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 in the manner provided in Section 3. Borrower shall promptly discharge any lien which has 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 lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent theenforcement of the lienwhile those proceedingsarepending, but only untilsuch proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender 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. Within10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may req