Preview
IN THE CIRCUIT COURT OF THE 9TH JUDICIAL
CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA 7
GENERAL JURISDICTION DIVISION
CASE NO:
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWMBS,
INC. CHL MORTGAGE
TRUST 2006-HYBI
PASS-THROUGH
MORTGAGE PASS-
*33
THROUGH CERTIFICATES, SERIES 2006-
HYBI
PLAINTIFF
VS.
y
CLAUDIA YASMIN GIL; UNKNOWN SPOUSE
OF CLAUDIA YASMIN GIL IF ANY.^NY
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
UNKNOWN PARTIES MAY CLAIM AN
INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES OR OTHER CLAIMANTS;
WETHERBEE LAKES JIOMEOWNER'S
ASSOCIATION, INC.; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC.; JOHN DOE AND JANE DOE AS — - -Y)
-C-n
UNKNOWN TENANTS IN POSSESSION.
DEFENDANT(S') ,
COMPLAINT TO FORECLOSE MORTGAGE
AND TO ENFORCE LOST LOAN DOCUMENTS
Plaintiff, sues the Defendant(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 matter herein.
3. On NOVEMBER 15, 2005 CLAUDIA YASMIN GIL, A SINGLE WOMAN executed and delivered a
Promissory Note and a PURCHASE MONEY Mortgage securing payment of the Note to the Payee named
thereon.
4. The Mortgage was recorded on DECEMBER 15, 2005 in OfficialRecords Book 8373 at page 359, 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 CWMBS, INC. CHL MORTGAGE PASS-THROUGH TRUST 2006-HYBI
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HYBI 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 the Defendant(s), CLAUDIA YASMIN GIL, if living and if dead, the
unknown spouses, heirs and beneficiaries of CLAUDIA YASMIN GIL who hold(s) possession.
7. There is a default under the terms of the note and mortgage for the DECEMBER I, 2007 payment and all
payments due thereafter.
8. All conditions precedent to the acceleration of this Mortgage Note and to foreclosure of the Mortgage have
been fiilfilled or have occurred.
9. The Plaintiff declares the full amount payable under the Note and Mortgage to be due.
10. The borrowers owe Plaintiff $235,998.23 that is due in principal on the Mortgage Note and Mortgage,
together with interest from NOVEMBER 1, 2007, late charges, and all costs of collection including title
search expenses for ascertaining necessary parties to this action and reasonable attomey's fees.
11. Plaintiffis obligated to pay its attomey a 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 written or oral.Said interest is subject, subordinate, and
inferior to the lien of the Mortgage held byPlaintiff
13. In addition to all other named defendants, the unknown spouses, heirs, devisees, grantees, assignees,
creditors, tmstees, successors in interest or other parties claiming an interest in the subject property by,
through under or against any of said defendants, whether natural or corporate, who are not known to be
alive or dead, dissolved or existing, are joined as defendants herein.The claims of any of said parties are
subject, subordinate, and inferior to the interest of Plaintiff.
14. The Defendant, WETHERBEE LAKES HOMEOWNER'S ASSOCIATION, INC., is joined because it may
claim some interest in or lien upon the subject 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, UNKNOWN SPOUSE OF CLAUDIA YASMIN GIL, is joined because HE may claim
some interest in or lien upon the subject property by virtue of a possible homestead interest.Said interest is
subject, subordinate and inferior to the interest of the Plaintiffs
mortgage.
16. The Defendant(s), MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., IS joined because
THEY may claim some interest in or lien upon the subject property by virtue of a MORTGAGE recorded in
Official Records Book 8373 at Page 387 in ORANGE COUNTY which is inferior to Plaintiffs Mortgage
described herein.
WHEREFORE, Plaintiff prays: That an accounting may be had and taken under the direction of this Court
of what is due the Plaintiff for principal and interest on said Mortgage and Mortgage Note, and for the costs, charges
and expenses, including attomey'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 found responsible for same be ordered to pay the Plaintiff herein
the amounts so found 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
the filing of 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 be paid so
far as same will suffice; and that a deficiency judgment be entered if applicable and only in the event no Order of
Discharge of Personal Liability in Bankruptcy has been entered as to any 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 a lost, destroyed or stolen promissory note and Mortgage under
Fla.Stat.§673.3091.
18. On NOVEMBER 15, 2005, CLAUDIA YASMIN GIL, A SINGLE 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 DECEMBER 15, 2005 in OfficialRecords Book 8373 at page 359, of the
Public Records of ORANGE County, Florida, a substantial copy of the Mortgage being attached hereto as
composite Exhibit "A" to the Plaintiffs original Complaint herein.
20. TTie Plaintiff is not presently in possession of original Note and Mortgage. However,
a) the Plaintiff was in possession of the Note and Mortgage and was entitled to enforce THEM when
the loss of possessionoccurred;
b) the loss of possession was not the result of a transfer by Plaintiff or lawful
seizure; and
c) the Plaintiff cannot reasonably obtain possession of the Note and Mortgage because THEIR
whereabouts cannot be determined.
J)
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 be required toindemnify
and hold harmless Defendant(s), CLAUDIA YASMIN GIL, 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 actionshall not
be treated as an initial communication for purposes of subsection (a)."
^ ! =
KELLY M. HERNANDEZ OOC/MSi.^
Law Offices of David J. Stem, P.A.
Attomey for Plaintiff
900 South Pine Island Road SUITE 400
Plantation, FL 33324-3920
(954)233-8000
08-53179CWF Bar #: 27914
F:\GROUPS\FCDOCS\COMPLAIN\08\08-53179.CMP
INSTR 2^50857974
OR BK 08373 PG 0387 P6S=9
HftRTHA 0. HflYNIE, COMPTROLLER
ORANGE COUNTY, FL
18/15/2805 11:42:26 AM
MIG DOC TAX 286.50
Return To:
American Brokers Conduit
INTANG TAX 118.00
520 Broadhollow Road REC FEE 78.00
Melville, NY 11747
This iostnimeot was prepared t>y:
Debra Benedict
1060 Maitland Center Commo
Suite 230
Maitland, FL
32751
MORTGAGE MIN 100024200010764732
THIS MORTGAGE is made this 15th day of November, 2005 , between tbe Mortgagor,
CLAUDIA YASMIN GIL, A SINGLE WOMAN
, wbose address is
2945 CEDENA COVE STREET Orlando, FL 32617 (berem "Borrower'}, aod tbe Moitgagee,
Mortgage Electrooic Regislralioii Systems, Inc. ('MERS"), (solely as namiaee
for Lender, as beicinafter defined, aad Lender's
siBXXssois and assigns). MERS is organized and existing under fiic laws of Delaware, and bas an address and tclepbone number of
P.O. Box 2026. Flint, MI 48S01-2026, tel. (888) 679-MERS.
American Brokers Conduit ,
('Lender") is or^nized and
existing under the laws of
State of New Y o r k , and bas an address of
536 Broadhollow Road, Melville, NY 11747
WHEREAS. Borrower is indebted to Lender in tbe piiDcqal sum of U.S. S
59,000.00 wbidi
indebtedness is evulenced by Borrower's note dated
November 15, 2005 and extensions and renewals
tbcreof (beictn "Note*), inoviding for moaihly intwUnifnui of princqel and interest, wiib the balance of tbe indebtedness, if not
sooocr paid, due and payable oo
December 1, 2020 ;
TO SECURE to Lender tbe repayment of the indebtedness evidenced by tbe Note, wilb Inleiest Ibereon; the payment of all
other sums, with inleiest Ibereon, advanced m accordance bcrewilb to protect the security o( this Mortgage; and the performance of
tbe ooveoants and agreements of Borrower herein contained. Borrower does hereby mortgage, grant and convey to MERS (solely
as nominee fw Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the foDowing described
property located in tbe County of
Orange ,
Stale the bolder of a prior mortgage or deed of trust if such hoMer is an institutional lender.
If Borrower pays Funds to Lender, tbe Funds shall be held in an institutjon
tbe deposits or accounts of wbicb arc insured or
guaranteed by a federal or stale agency (including Lender if Lender is such an institution). Lender diall a ] ^ y tbe Funds to pay said
taxes, assessments, insurance premiums and ground rents. Leader may not cfaaree for so holding and qiidying the Funds, analyzing
said aooount or verifying
and compiliiig
saidassessments and bills, unless
Leader pays Bmrower
interest on tbe Funds and
applic^le law permits Letider to make sucb a cbaige. Borrower and Lender may agree in writing at the time of executioa of this
Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or apidicaMe law requires sucb
interest to be paid. Lender sbaU not be required to pay Borrower any interest or earnings on the R o d s . Lender sbaQ give to
Bmnrwa, withoat charge, an annual accounting of tbe Funds showing credits and debits to tbe Funds and tbe purpose for v b k b
each debit to the Funds was made. Tbe Funds are pledged as Bdriitioiral security for the sums secured by this Mortgage.
If the amount of tbe Funds held by Lender, together with tbe future mootbly installments of Funds payaUe prior to the due
dates of taxes, assesancnis, insurance premiums and ground rents, siiall exceed the amount required to pay said taxes, assessments,
insurance preratums and ground
rents as they
fall due, such excess sbaU be, at Borrower's optioa. either {somplly n^iaid
to
Borrower or credited to Borrower on mootbly faistanmeots of Funds. If tbe amount of the Funds beid by Lender shall not be
sufficient
to pay taxes, assessments, insurance premiums aid
ground rents as they fall due, BoiTOwei dnll pay to Lender any
amount necessary to make up die delicieocy in one or more payments as Lender may requite.
Upon payment in full of aO sums secured by this Mortgage. Lender sbaD promptly refund to Borrower any Fbnds beU by
Lender. If under paragraph 17 hereof die Property is soM or the Property is otherwise acquired by Lender, Lender shaO apply, no
later than immedialely prior to the sale of the Property or its acquisilion by Lender, any Funds held by Lender at the time of
ajqiUcatiaa as a credit against the sums secured by tbis Mortgage.
3 . AppOcatloD of Payments. Unless qiplicable law provides otherwise, all payments received by Lender under tbe Note and
paragrqte 1 and 2 hereof shall be r e l i e d by Leader first in payment of amounts payable to Lender by Borrower under paragraph
2 hereof, d m to interest paydile oo tbe Note, and then to tbe principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges; Lieos. Borrower sfaall perform all of Bonower's diligxtioos under any
mortgage, deed of trust or other security agreement with a Ken which has priority over this Mortgage, including
Borrower's
covenants to make payments when due. Borrower sbaU pay or cause to be paid all taxes, assessments and otber charges, fines and
impositioas attributable to the Property which may attain a priority over this Mortgage, and kasebcrid payments or ground rents, if
any.
5. Hazard Insnruioe. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire, hazanls induded within the term "extended coverage," and such other hazards as Lender may require and fa
sucb amounts and for sucb periads as Lender may require.
The insarance carrier providing the insurance sbaU be chosen by Borrower sulgect to approval by Lender; provided, that such
qiproval shaU not be unreasonably widiheM. AD insurance polices and renewals thereof shaD be in a form aooeplaUe to Lender
and diaD indule a standard mortgage clause in favor of and m a form acceptable to Lender. Lender shall have tbe right to Ixdd the
policies and renewals thereof, subject to tbe terms of any mortgage, deed of trust or other security agreement with a lien wliich has
priority over this Mortgage.
In the event of loss, Borrower shaD give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if
oot made (nompdy by Borrower.
If tbe P n ^ i t y
is abandooed by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is
mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance ' » • " • ' ' " . Lender is authorized
to
collect and qiply the insurance proceeds at Leader's option cither to restoratioo or repair of tbe Piupeity or to the sums secared liy
this Mortgage.
OOC 1:328672 APPL 1:0001076473 ^ ^ ^ 'Q
l-7SN(FU
f*K> twlKS FtomSSlO
Book8373/Page388 CFN#20050857974 Page 2 of 9
6. PrcservalioB
and Maintetiaiicc of Pirqicrly;
LfsrhoMs; CoDdomintoins;PUnned UnitDcvdopmcDts. Borrower
ShaD keep die Propeity in good repair and shall not conunit waste or permit nnpairment or deterroration of the Propeity and sbaO
comply with tlK provisioas of any lease if tbis Mortgage is oa a leasehold. If this Mortgage is on a unit b
a condominium or a
plaooed unit develoinneot. Borrower sbaU perform aD of Borrower's obligations under the dedaratioo or covenants creating or
governing
the condominium
or planned
unit devek^xnent.
tbe by-laws
and regulations of
the condom jnium
or planned
unit
development, and constituent documents.
7. Protection of Lender's Secority. If Borrower fails lo perform the covenants and agreements conlained m this Mortgage,
or if any action or proceeding is commenced which materially affects Ijcncfcr's inleiest in the Prqierty, then Lender, at Lender's
option, upon notice to Bonower, may make sucb appearances, disburse such sums, induding reasonable attorneys' fees, and take
sucb action as is necessary to prated Lender's interest. If Lender required mortgage insurance as a condition of making the loan
seamed by tbis Mortgage, Bonower diall pay tbe premiums required to maiotaio such insurance in effect until such time as the
requirement for such insurance terminates in accordance wilb Borrower's and Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7. wilb interest ttaereoo, at the Note rate, sfaaD beccme additional
indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender %ree lo other terms of payment, sucb amounts
shaD be payable upon notice from Lender to Borrower requesting payment thereof. Notliing contained
in this paragraph 7 tbsU
require Lender to incur any expense or take any action hereunder.
8. Inspection. Lender may make or cause to be made reasonable entries upon and nispcctions of the Property, provided
dm
Lender shaD give Borrower notice prior to any such inspection spedfymg reasooable cause therefor related to Leader's interest in
tbcPK^ierty.
9. CondtnmalloD. Tbe proceeds of
anyaward or daimfor damages, diied
or consequential,
in connectioa
withany
condemnatioo or other taking of the Property, or pan thereof, or for oooveyanoe in Hen of oottdemnalion, are hereby assigned and
shall be paid lo Lender, subjea lo tbe terras of any mortgage, deed of trust or other security agreement wilb a lien wbicb bas
priority over this Mortga^.
10. Bomnrar Not Rdeastd; Fwlicanuice By Lender Not a Waiver. Extensioa of tbe time for payment or roodiiicalion of
amortizatioa of the sums secured by this Mortgage granted by Lender to any successor in interest of Bonower shaD not operate lo
release, in any manner, the UabOity of ttie original Borrower and Borrower's successors in interest. Lender shaD not be required to
commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by die ordinal Borrower and Borrower's successors in interest. Any
forbearance by Leader in exerdsiog any right or remedy hereunder, or otherwise afforded by applicable law, shaD not be a waiver
of or predude tbe exercise of any sucb right or remedy.
11. Successors
andAss^ns Bound; JointandSeveralLnbiBty;Co^sigiiers. Tbe covenants
andagreements
herein
contained shaD bind, and tiie rights hereunder sbaD inure to. the reqxctive successors and ass^ns of Lender and Borrower, subject
lo the provisioas of paragraph 16 hereof. AO ooveoants and agreements of Borrower sbaO be joint and several. Any Borrower who
co-signs this Mortgage, but docs not execute die Note, (a) is co-signing diis Mortgage only to mortgage, grant and convey that
Borrower's interest in ttie Property to Lender under die terms of this Mortgage, (b) is not personally liable °ET»"«* herein.
13. GoTcmlng Law; ScvoriiUity. The state and local laws aj^ilicable to ttns Mortgage sbaD be ttie laws of die jurisdictioa
a
wbicb ttie Property is located. Tbe fotegnng srntmrc sfaaB not limit ttie ajqificability
of federal law to this Mortgage. In the evem
that any provisioo
or dause of ttiis Mortgage or the Note conflicts
witti appSaUe
law, sncfa conllici shaD not afied
otber
proviskns vertng the Property described in tbe Security Instrument and located at:
10312 Laxton Street, Orlando, FL 32824
[Property Address]
The Property iocjudes, but is oot limited to, a parcel of
land improved with a dwelling, bigetber with otber
such parcels and certain common areas and fatalities, as described in
THE DECLARATION OF COVENANTS AND RESTICTIONS
(tbe "Declaration"). The Property is a part of a planned unit development known as
Wetherbee Lakes
[Name of Planned Unit Deveb^ment]
(die "PUD"). The Property also includesBorrower's interest in the homeownersassociationor equivalent
entity owning or managing the oaeamoa areas and facilities of the PUD (tbe "Owners Association") and the
uses, benefits and proceeds of Borrower's interest.
PUD COVENANTS. In addition to the covenantsand agreements made in the SecurityInstrument,
Borrower and Lender furdier cnvenant and agree as follows:
A. PUD ObligBtions. Borrower ^aO perform allof Borrower's oUigations uiKler the PUD's
ConstituentDocuments. Tbe "Constituent Documents" are the: (i) Declaration; (ii) articles of
incxnporation,
trust instrument or any equivalent document which creates tbe Owners Association; and (iii) any by-laws or
otber rules or regulations of the Owners Association. Bonower
shall promptly pay, when due, all dues and
assesanents imposed pursuant to the Constituent Documents.
DOC #:321911 APPL #:0001076473
MULTISTATE PUD RIDER - Single FamOy/Secood Mortgage /^ ^, 3/99
(m31 0003 PagBlof3 Initials:
^ '^ •
<^-207R (0009) VMP MORTGAGE FORMS - (800)521-7291
Book8373/Page393 CFN#20050857974 Page 7 of 9
B. Hazard Insurantx. So long as tbe Owners Assocnation maintains,with a generallyatxxpted
insurance carrier, a
"master" or "blanket" policy
insuring tbeProperty wbicb is satisfactory
to Lender and
which provides insurance coverage in the amounts (including deductible levels), for tbe periods, and against
loss by fire, hazards included
within tbe term "extended coverage," and any other hazards, including, but not
limited to, earthtpjakes and fkxxls, for whicii Lender requires insurance, then: (i) Lender waives tbe provision
in Uniform Covenant 2 for tbe monthly payment to Lender of tbe yearly premium installments
for hazard
insurance on the Property;and (ii) Borrower'sobligationunder Uniform Covenant S to maintain hazard
insurance coverage oo the Property is deemed satisfied
to tbe extent that tbe required coverage is provided by
tbe Owners Asscxaation policy.
What Lender requires as a condition of this waiver can change during tbe term of the loan.
Borrower shall give Lender prompt notice of any lapse in re(]uired hazard insurance coverage provided
by tbe master or blanket policy.
lo tbe event ofa distribution
of hazard insurance proceeds in lieu of
restorationor repair following
a
loss to the Property, or to commonareas and fa(alities of tbe PUD, any proceeds payable
to Borrower are
hereby assigned and shall be paidto Lender. Lender shall applythe proceeds to tbe sums securedby tbe
Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
C. PuMic Liability Insurance. Borrower shall take susA actions as may be reasonable to insure that tbe
Owners Association maintains a public liability insurance policy
acxeptable in form, amount, andextent of
coverage to Lender.
D. Condemnation. The proceeds of any award or <:laim for damages, direct or consequential, payable
to Borrower in connection with any condemnation or otber takingof aD or any part of
tbe Property or the
common areas and facilities of the PUD, or for any coirveyanoe
in Heu of condemnation,are hereby assigned
and shall be paidlo Lender. Sui± proceeds sbaD be aj^liedby Lender to tbe sums secured by the Security
Instrument as provided in Uniform Covenant 9.
E. Lender's Prior Consent. Borrower sbaU not, except after notioe to Leader and with Lender's prior
written consent, either partition or subdivide tbe Property or consent to: (i) tbe abandonment or termination of
the PUD, except for abandonment or termination required by law in the case of substantial destructioa by file
or other casualty or in the case of a taking by condemnation
or eminent domain; {ii) any amendment to any
provisioa of tbe "Constituent D(xniments''if the provision is for the express benefitof Lender; (iii)
termination of profesaonalmanagement and assumption of self-management of the Owners Assocaatioa; or
(iv) any action v/iacb would have tbe effect of rendering die public liability insurance coverage maintained by
the Owners Association unacceptable to Lender.
DOC #:321912 APPL #:0001076473
Initials:
^ ' ^ •
207B (00Q3) Page 2 of 3 3J99
Book8373/Page394 CFN#20050857974 Page 8 of 9
F. Ronedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay
them. Any amounts disbursed by Lender under tbis paragr^b F sbaD becmne additionaldebt of Borrower
secured by tbe SecurityInstrument. Unless Borrower and Lender agree to otberterms of payment, these
amounts shall bear interest from
the date of disbursement
al tbe Note rate and shaD be payable, with interest,
upon notice from Leader to Borrower re(iuestiiig paymeat.
BY SIGNING BELOW, Borrower accepts andagrees lo tbe termsand provisions cxHitained
in this PUD
Rider.
Q b ^ i i Oq><5isYnvvtCoc&L (Seal) (Seal)
CLAUDIA YASMIN GIL -Borrower -Borrower
(Seal) (Seal)
-Borrower •Borrower
_(Seal) (Seal)
-Borrower -Borrower
_(Seal) (Seal)
•Borrower -Borrower
C #:321913 APPL #:0001076473
'207R (000^ Page3of3 3/99
Book8373/Page395 CFN#20050857974 Page 9 of 9
COUNTRYWIDE HOME LOANS, INC.
COUNTRYWIDE HOME LOANS, INC.
7105 CORPORATE DRIVE, MAILSTOP PTX-B-i5
PIAHO, TX75024
Loan No.: \2M^1\1\
Mortgagor (s), SSN: CLAUDIA YASMIN GIL
Property Address: 10312 LAXTON STREET, ORLANDO, FL 32824
Unpaid Principal Balance: $235,998.23
Payment Amount: $1,352.08
Interest Rate (Percent): 6.875%
Due Date: DECEMBER 1, 2007
EXHIBIT" "
Preview
IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA 7 GENERAL JURISDICTION DIVISION CASE NO: THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWMBS, INC. CHL MORTGAGE TRUST 2006-HYBI PASS-THROUGH MORTGAGE PASS- *33 THROUGH CERTIFICATES, SERIES 2006- HYBI PLAINTIFF VS. y CLAUDIA YASMIN GIL; UNKNOWN SPOUSE OF CLAUDIA YASMIN GIL IF ANY.^NY 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 UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS; WETHERBEE LAKES JIOMEOWNER'S ASSOCIATION, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; JOHN DOE AND JANE DOE AS — - -Y) -C-n UNKNOWN TENANTS IN POSSESSION. DEFENDANT(S') , COMPLAINT TO FORECLOSE MORTGAGE AND TO ENFORCE LOST LOAN DOCUMENTS Plaintiff, sues the Defendant(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 matter herein. 3. On NOVEMBER 15, 2005 CLAUDIA YASMIN GIL, A SINGLE WOMAN executed and delivered a Promissory Note and a PURCHASE MONEY Mortgage securing payment of the Note to the Payee named thereon. 4. The Mortgage was recorded on DECEMBER 15, 2005 in OfficialRecords Book 8373 at page 359, 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 CWMBS, INC. CHL MORTGAGE PASS-THROUGH TRUST 2006-HYBI MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HYBI 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 the Defendant(s), CLAUDIA YASMIN GIL, if living and if dead, the unknown spouses, heirs and beneficiaries of CLAUDIA YASMIN GIL who hold(s) possession. 7. There is a default under the terms of the note and mortgage for the DECEMBER I, 2007 payment and all payments due thereafter. 8. All conditions precedent to the acceleration of this Mortgage Note and to foreclosure of the Mortgage have been fiilfilled or have occurred. 9. The Plaintiff declares the full amount payable under the Note and Mortgage to be due. 10. The borrowers owe Plaintiff $235,998.23 that is due in principal on the Mortgage Note and Mortgage, together with interest from NOVEMBER 1, 2007, late charges, and all costs of collection including title search expenses for ascertaining necessary parties to this action and reasonable attomey's fees. 11. Plaintiffis obligated to pay its attomey a 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 written or oral.Said interest is subject, subordinate, and inferior to the lien of the Mortgage held byPlaintiff 13. In addition to all other named defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, tmstees, successors in interest or other parties claiming an interest in the subject property by, through under or against any of said defendants, whether natural or corporate, who are not known to be alive or dead, dissolved or existing, are joined as defendants herein.The claims of any of said parties are subject, subordinate, and inferior to the interest of Plaintiff. 14. The Defendant, WETHERBEE LAKES HOMEOWNER'S ASSOCIATION, INC., is joined because it may claim some interest in or lien upon the subject 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, UNKNOWN SPOUSE OF CLAUDIA YASMIN GIL, is joined because HE may claim some interest in or lien upon the subject property by virtue of a possible homestead interest.Said interest is subject, subordinate and inferior to the interest of the Plaintiffs mortgage. 16. The Defendant(s), MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., IS joined because THEY may claim some interest in or lien upon the subject property by virtue of a MORTGAGE recorded in Official Records Book 8373 at Page 387 in ORANGE COUNTY which is inferior to Plaintiffs Mortgage described herein. WHEREFORE, Plaintiff prays: That an accounting may be had and taken under the direction of this Court of what is due the Plaintiff for principal and interest on said Mortgage and Mortgage Note, and for the costs, charges and expenses, including attomey'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 found responsible for same be ordered to pay the Plaintiff herein the amounts so found 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 the filing of 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 be paid so far as same will suffice; and that a deficiency judgment be entered if applicable and only in the event no Order of Discharge of Personal Liability in Bankruptcy has been entered as to any 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 a lost, destroyed or stolen promissory note and Mortgage under Fla.Stat.§673.3091. 18. On NOVEMBER 15, 2005, CLAUDIA YASMIN GIL, A SINGLE 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 DECEMBER 15, 2005 in OfficialRecords Book 8373 at page 359, of the Public Records of ORANGE County, Florida, a substantial copy of the Mortgage being attached hereto as composite Exhibit "A" to the Plaintiffs original Complaint herein. 20. TTie Plaintiff is not presently in possession of original Note and Mortgage. However, a) the Plaintiff was in possession of the Note and Mortgage and was entitled to enforce THEM when the loss of possessionoccurred; b) the loss of possession was not the result of a transfer by Plaintiff or lawful seizure; and c) the Plaintiff cannot reasonably obtain possession of the Note and Mortgage because THEIR whereabouts cannot be determined. J) 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 be required toindemnify and hold harmless Defendant(s), CLAUDIA YASMIN GIL, 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 actionshall not be treated as an initial communication for purposes of subsection (a)." ^ ! = KELLY M. HERNANDEZ OOC/MSi.^ Law Offices of David J. Stem, P.A. Attomey for Plaintiff 900 South Pine Island Road SUITE 400 Plantation, FL 33324-3920 (954)233-8000 08-53179CWF Bar #: 27914 F:\GROUPS\FCDOCS\COMPLAIN\08\08-53179.CMP INSTR 2^50857974 OR BK 08373 PG 0387 P6S=9 HftRTHA 0. HflYNIE, COMPTROLLER ORANGE COUNTY, FL 18/15/2805 11:42:26 AM MIG DOC TAX 286.50 Return To: American Brokers Conduit INTANG TAX 118.00 520 Broadhollow Road REC FEE 78.00 Melville, NY 11747 This iostnimeot was prepared t>y: Debra Benedict 1060 Maitland Center Commo Suite 230 Maitland, FL 32751 MORTGAGE MIN 100024200010764732 THIS MORTGAGE is made this 15th day of November, 2005 , between tbe Mortgagor, CLAUDIA YASMIN GIL, A SINGLE WOMAN , wbose address is 2945 CEDENA COVE STREET Orlando, FL 32617 (berem "Borrower'}, aod tbe Moitgagee, Mortgage Electrooic Regislralioii Systems, Inc. ('MERS"), (solely as namiaee for Lender, as beicinafter defined, aad Lender's siBXXssois and assigns). MERS is organized and existing under fiic laws of Delaware, and bas an address and tclepbone number of P.O. Box 2026. Flint, MI 48S01-2026, tel. (888) 679-MERS. American Brokers Conduit , ('Lender") is or^nized and existing under the laws of State of New Y o r k , and bas an address of 536 Broadhollow Road, Melville, NY 11747 WHEREAS. Borrower is indebted to Lender in tbe piiDcqal sum of U.S. S 59,000.00 wbidi indebtedness is evulenced by Borrower's note dated November 15, 2005 and extensions and renewals tbcreof (beictn "Note*), inoviding for moaihly intwUnifnui of princqel and interest, wiib the balance of tbe indebtedness, if not sooocr paid, due and payable oo December 1, 2020 ; TO SECURE to Lender tbe repayment of the indebtedness evidenced by tbe Note, wilb Inleiest Ibereon; the payment of all other sums, with inleiest Ibereon, advanced m accordance bcrewilb to protect the security o( this Mortgage; and the performance of tbe ooveoants and agreements of Borrower herein contained. Borrower does hereby mortgage, grant and convey to MERS (solely as nominee fw Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the foDowing described property located in tbe County of Orange , Stale the bolder of a prior mortgage or deed of trust if such hoMer is an institutional lender. If Borrower pays Funds to Lender, tbe Funds shall be held in an institutjon tbe deposits or accounts of wbicb arc insured or guaranteed by a federal or stale agency (including Lender if Lender is such an institution). Lender diall a ] ^ y tbe Funds to pay said taxes, assessments, insurance premiums and ground rents. Leader may not cfaaree for so holding and qiidying the Funds, analyzing said aooount or verifying and compiliiig saidassessments and bills, unless Leader pays Bmrower interest on tbe Funds and applic^le law permits Letider to make sucb a cbaige. Borrower and Lender may agree in writing at the time of executioa of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or apidicaMe law requires sucb interest to be paid. Lender sbaU not be required to pay Borrower any interest or earnings on the R o d s . Lender sbaQ give to Bmnrwa, withoat charge, an annual accounting of tbe Funds showing credits and debits to tbe Funds and tbe purpose for v b k b each debit to the Funds was made. Tbe Funds are pledged as Bdriitioiral security for the sums secured by this Mortgage. If the amount of tbe Funds held by Lender, together with tbe future mootbly installments of Funds payaUe prior to the due dates of taxes, assesancnis, insurance premiums and ground rents, siiall exceed the amount required to pay said taxes, assessments, insurance preratums and ground rents as they fall due, such excess sbaU be, at Borrower's optioa. either {somplly n^iaid to Borrower or credited to Borrower on mootbly faistanmeots of Funds. If tbe amount of the Funds beid by Lender shall not be sufficient to pay taxes, assessments, insurance premiums aid ground rents as they fall due, BoiTOwei dnll pay to Lender any amount necessary to make up die delicieocy in one or more payments as Lender may requite. Upon payment in full of aO sums secured by this Mortgage. Lender sbaD promptly refund to Borrower any Fbnds beU by Lender. If under paragraph 17 hereof die Property is soM or the Property is otherwise acquired by Lender, Lender shaO apply, no later than immedialely prior to the sale of the Property or its acquisilion by Lender, any Funds held by Lender at the time of ajqiUcatiaa as a credit against the sums secured by tbis Mortgage. 3 . AppOcatloD of Payments. Unless qiplicable law provides otherwise, all payments received by Lender under tbe Note and paragrqte 1 and 2 hereof shall be r e l i e d by Leader first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, d m to interest paydile oo tbe Note, and then to tbe principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Lieos. Borrower sfaall perform all of Bonower's diligxtioos under any mortgage, deed of trust or other security agreement with a Ken which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower sbaU pay or cause to be paid all taxes, assessments and otber charges, fines and impositioas attributable to the Property which may attain a priority over this Mortgage, and kasebcrid payments or ground rents, if any. 5. Hazard Insnruioe. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazanls induded within the term "extended coverage," and such other hazards as Lender may require and fa sucb amounts and for sucb periads as Lender may require. The insarance carrier providing the insurance sbaU be chosen by Borrower sulgect to approval by Lender; provided, that such qiproval shaU not be unreasonably widiheM. AD insurance polices and renewals thereof shaD be in a form aooeplaUe to Lender and diaD indule a standard mortgage clause in favor of and m a form acceptable to Lender. Lender shall have tbe right to Ixdd the policies and renewals thereof, subject to tbe terms of any mortgage, deed of trust or other security agreement with a lien wliich has priority over this Mortgage. In the event of loss, Borrower shaD give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if oot made (nompdy by Borrower. If tbe P n ^ i t y is abandooed by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance ' » • " • ' ' " . Lender is authorized to collect and qiply the insurance proceeds at Leader's option cither to restoratioo or repair of tbe Piupeity or to the sums secared liy this Mortgage. OOC 1:328672 APPL 1:0001076473 ^ ^ ^ 'Q l-7SN(FU f*K> twlKS FtomSSlO Book8373/Page388 CFN#20050857974 Page 2 of 9 6. PrcservalioB and Maintetiaiicc of Pirqicrly; LfsrhoMs; CoDdomintoins;PUnned UnitDcvdopmcDts. Borrower ShaD keep die Propeity in good repair and shall not conunit waste or permit nnpairment or deterroration of the Propeity and sbaO comply with tlK provisioas of any lease if tbis Mortgage is oa a leasehold. If this Mortgage is on a unit b a condominium or a plaooed unit develoinneot. Borrower sbaU perform aD of Borrower's obligations under the dedaratioo or covenants creating or governing the condominium or planned unit devek^xnent. tbe by-laws and regulations of the condom jnium or planned unit development, and constituent documents. 7. Protection of Lender's Secority. If Borrower fails lo perform the covenants and agreements conlained m this Mortgage, or if any action or proceeding is commenced which materially affects Ijcncfcr's inleiest in the Prqierty, then Lender, at Lender's option, upon notice to Bonower, may make sucb appearances, disburse such sums, induding reasonable attorneys' fees, and take sucb action as is necessary to prated Lender's interest. If Lender required mortgage insurance as a condition of making the loan seamed by tbis Mortgage, Bonower diall pay tbe premiums required to maiotaio such insurance in effect until such time as the requirement for such insurance terminates in accordance wilb Borrower's and Lender's written agreement or applicable law. Any amounts disbursed by Lender pursuant to this paragraph 7. wilb interest ttaereoo, at the Note rate, sfaaD beccme additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender %ree lo other terms of payment, sucb amounts shaD be payable upon notice from Lender to Borrower requesting payment thereof. Notliing contained in this paragraph 7 tbsU require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and nispcctions of the Property, provided dm Lender shaD give Borrower notice prior to any such inspection spedfymg reasooable cause therefor related to Leader's interest in tbcPK^ierty. 9. CondtnmalloD. Tbe proceeds of anyaward or daimfor damages, diied or consequential, in connectioa withany condemnatioo or other taking of the Property, or pan thereof, or for oooveyanoe in Hen of oottdemnalion, are hereby assigned and shall be paid lo Lender, subjea lo tbe terras of any mortgage, deed of trust or other security agreement wilb a lien wbicb bas priority over this Mortga^. 10. Bomnrar Not Rdeastd; Fwlicanuice By Lender Not a Waiver. Extensioa of tbe time for payment or roodiiicalion of amortizatioa of the sums secured by this Mortgage granted by Lender to any successor in interest of Bonower shaD not operate lo release, in any manner, the UabOity of ttie original Borrower and Borrower's successors in interest. Lender shaD not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by die ordinal Borrower and Borrower's successors in interest. Any forbearance by Leader in exerdsiog any right or remedy hereunder, or otherwise afforded by applicable law, shaD not be a waiver of or predude tbe exercise of any sucb right or remedy. 11. Successors andAss^ns Bound; JointandSeveralLnbiBty;Co^sigiiers. Tbe covenants andagreements herein contained shaD bind, and tiie rights hereunder sbaD inure to. the reqxctive successors and ass^ns of Lender and Borrower, subject lo the provisioas of paragraph 16 hereof. AO ooveoants and agreements of Borrower sbaO be joint and several. Any Borrower who co-signs this Mortgage, but docs not execute die Note, (a) is co-signing diis Mortgage only to mortgage, grant and convey that Borrower's interest in ttie Property to Lender under die terms of this Mortgage, (b) is not personally liable °ET»"«* herein. 13. GoTcmlng Law; ScvoriiUity. The state and local laws aj^ilicable to ttns Mortgage sbaD be ttie laws of die jurisdictioa a wbicb ttie Property is located. Tbe fotegnng srntmrc sfaaB not limit ttie ajqificability of federal law to this Mortgage. In the evem that any provisioo or dause of ttiis Mortgage or the Note conflicts witti appSaUe law, sncfa conllici shaD not afied otber proviskns vertng the Property described in tbe Security Instrument and located at: 10312 Laxton Street, Orlando, FL 32824 [Property Address] The Property iocjudes, but is oot limited to, a parcel of land improved with a dwelling, bigetber with otber such parcels and certain common areas and fatalities, as described in THE DECLARATION OF COVENANTS AND RESTICTIONS (tbe "Declaration"). The Property is a part of a planned unit development known as Wetherbee Lakes [Name of Planned Unit Deveb^ment] (die "PUD"). The Property also includesBorrower's interest in the homeownersassociationor equivalent entity owning or managing the oaeamoa areas and facilities of the PUD (tbe "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenantsand agreements made in the SecurityInstrument, Borrower and Lender furdier cnvenant and agree as follows: A. PUD ObligBtions. Borrower ^aO perform allof Borrower's oUigations uiKler the PUD's ConstituentDocuments. Tbe "Constituent Documents" are the: (i) Declaration; (ii) articles of incxnporation, trust instrument or any equivalent document which creates tbe Owners Association; and (iii) any by-laws or otber rules or regulations of the Owners Association. Bonower shall promptly pay, when due, all dues and assesanents imposed pursuant to the Constituent Documents. DOC #:321911 APPL #:0001076473 MULTISTATE PUD RIDER - Single FamOy/Secood Mortgage /^ ^, 3/99 (m31 0003 PagBlof3 Initials: ^ '^ • <^-207R (0009) VMP MORTGAGE FORMS - (800)521-7291 Book8373/Page393 CFN#20050857974 Page 7 of 9 B. Hazard Insurantx. So long as tbe Owners Assocnation maintains,with a generallyatxxpted insurance carrier, a "master" or "blanket" policy insuring tbeProperty wbicb is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for tbe periods, and against loss by fire, hazards included within tbe term "extended coverage," and any other hazards, including, but not limited to, earthtpjakes and fkxxls, for whicii Lender requires insurance, then: (i) Lender waives tbe provision in Uniform Covenant 2 for tbe monthly payment to Lender of tbe yearly premium installments for hazard insurance on the Property;and (ii) Borrower'sobligationunder Uniform Covenant S to maintain hazard insurance coverage oo the Property is deemed satisfied to tbe extent that tbe required coverage is provided by tbe Owners Asscxaation policy. What Lender requires as a condition of this waiver can change during tbe term of the loan. Borrower shall give Lender prompt notice of any lapse in re(]uired hazard insurance coverage provided by tbe master or blanket policy. lo tbe event ofa distribution of hazard insurance proceeds in lieu of restorationor repair following a loss to the Property, or to commonareas and fa(alities of tbe PUD, any proceeds payable to Borrower are hereby assigned and shall be paidto Lender. Lender shall applythe proceeds to tbe sums securedby tbe Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. PuMic Liability Insurance. Borrower shall take susA actions as may be reasonable to insure that tbe Owners Association maintains a public liability insurance policy acxeptable in form, amount, andextent of coverage to Lender. D. Condemnation. The proceeds of any award or <:laim for damages, direct or consequential, payable to Borrower in connection with any condemnation or otber takingof aD or any part of tbe Property or the common areas and facilities of the PUD, or for any coirveyanoe in Heu of condemnation,are hereby assigned and shall be paidlo Lender. Sui± proceeds sbaD be aj^liedby Lender to tbe sums secured by the Security Instrument as provided in Uniform Covenant 9. E. Lender's Prior Consent. Borrower sbaU not, except after notioe to Leader and with Lender's prior written consent, either partition or subdivide tbe Property or consent to: (i) tbe abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destructioa by file or other casualty or in the case of a taking by condemnation or eminent domain; {ii) any amendment to any provisioa of tbe "Constituent D(xniments''if the provision is for the express benefitof Lender; (iii) termination of profesaonalmanagement and assumption of self-management of the Owners Assocaatioa; or (iv) any action v/iacb would have tbe effect of rendering die public liability insurance coverage maintained by the Owners Association unacceptable to Lender. DOC #:321912 APPL #:0001076473 Initials: ^ ' ^ • 207B (00Q3) Page 2 of 3 3J99 Book8373/Page394 CFN#20050857974 Page 8 of 9 F. Ronedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under tbis paragr^b F sbaD becmne additionaldebt of Borrower secured by tbe SecurityInstrument. Unless Borrower and Lender agree to otberterms of payment, these amounts shall bear interest from the date of disbursement al tbe Note rate and shaD be payable, with interest, upon notice from Leader to Borrower re(iuestiiig paymeat. BY SIGNING BELOW, Borrower accepts andagrees lo tbe termsand provisions cxHitained in this PUD Rider. Q b ^ i i Oq><5isYnvvtCoc&L (Seal) (Seal) CLAUDIA YASMIN GIL -Borrower -Borrower (Seal) (Seal) -Borrower •Borrower _(Seal) (Seal) -Borrower -Borrower _(Seal) (Seal) •Borrower -Borrower C #:321913 APPL #:0001076473 '207R (000^ Page3of3 3/99 Book8373/Page395 CFN#20050857974 Page 9 of 9 COUNTRYWIDE HOME LOANS, INC. COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE, MAILSTOP PTX-B-i5 PIAHO, TX75024 Loan No.: \2M^1\1\ Mortgagor (s), SSN: CLAUDIA YASMIN GIL Property Address: 10312 LAXTON STREET, ORLANDO, FL 32824 Unpaid Principal Balance: $235,998.23 Payment Amount: $1,352.08 Interest Rate (Percent): 6.875% Due Date: DECEMBER 1, 2007 EXHIBIT" "