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IN THE CIRCUIT COURT OF THE NINTH
JUDICLVL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
CIVH. ACTION
WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA,
Plaintiff,
CASE NO,
vs. DIVISION,
ERKAN SAVLUK; THE UNKNOWN SPOUSE OF ERKAN SAVLUK; 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 UNKNOWN
PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER
CLAIMANTS; WASHINGTON MUTUAL BANK; RESIDENCES AT VILLA MEDICI CONDOMINIUM
ASSOCIATION, INC.; TENANT #1, TENANT #2, TENANT #3, and TENANT #4 the names:being fictitious
to account for parties in possession ; ' • ". "--'
Defendant(s). Ij ; iii'. --'
MORTGAGE FORECLOSURE COMPLAINT
11^
Plaintiff,WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL :B.4L|}ig FAT suW:!
Defendants, ERKAN SAVLUK, THE UNKNOWN SPOUSE OF ERKAN SAVLUK; AW ANDSALL
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; WASHINGTON MUTUAL BANK; RESIDENCES AT VILLA MEDICI
CONDOMINIUM ASSOCL«iTION, INC.; TENANT #1, TENANT #2, TENANT #3 and TENANT #4 the names
being fictitious to account for parties in possession, and alleges:
COUNT I - MORTGAGE FORECLOSURE
1. This is an in rem action to foreclosea mortgage on real property located and situated in ORANGE
County, Florida.
2. This firm has complied with the notice requirement ofthe Fair Debt Collection Practices Act, 15
U.S.C. § 1692, et seq, as amended. The Notice(s) previously mailed by the firm is attached hereto and incorporated
herein as an Exhibit.
FiLE NUMBER: F08041335 DOC ID: M000100
3. On May 11, 2007, there was executed and delivered a Promissory Note ("Mortgage Note") and a
Purchase Money Mortgage ("Mortgage") securing the payment ofthe Mortgage Note. The Mortgage was recorded on
May 21, 2007, in Official Records Book 9267 at Page 4408, ofthe Public Records ofORANGE County, Florida, (All
subsequent recording references are to the pubhc records of ORANGE County, Florida) and mortgaged the real and
personal property ("Property") described therein, then owned by and in possession of the Mortgagor(s). A copy of the
original Mortgage is attached hereto and incorporated herein as an Exhibit.
4. Plaintifif is now the holder of the Mortgage Note and Mortgage.
5. The Property is now owned of record by Defendant(s), ERKAN SAVLUK.
6. The Mortgage Note and Mortgage are in default. The required installment payment of February 1,
2008, was not paid, and no subsequent payments have been made. The Mortgage is contractually due for the
February 1, 2008, payment. The lastpayment received was applied to the January 1, 2008, installment,and no
subsequent payments have been applied to the loan.
7. Plaintifif declares the fiill amount payable under the Mortgage Note and Mortgage to be now due.
8. Plaintiff must be paid $214,720.00 in principal on the Mortgage Note and Mortgage, together with
interest from January 1, 2008, late charges, and all costs of collection including titie search expenses for ascertaining
necessary parties to this action and reasonable attomey's fees.
9. All conditions precedent to the acceleration ofthe Mortgage Note and foreclosure oftheMortgage
have been performed or have occurred.
10. Plaintiffhasretained the law firm ofFlorida Default Law Group, P.L., in this action and is obligated
to pay it a reasonable fee for its services in bringing this action as well as all costs of collection.
11. The interests ofeach Defendant are subject, subordinate, and inferior to the right, title, interest, and
lien of PlaintifFs Mortgage with the exception of any special assessments that are superior pursuant to Florida
Statutes § 159 (2006) and Florida Statiites § 170.09 (2006).
12. THE UNKNOWN SPOUSE OF ERKAN SAVLUK may have or claim an interest in the Property
that is the subject
of this Foreclosure action by virtue of homestead rights, possession, or any right of redemption, or
may otherwise claim an interest in the Property.
13. WASHINGTON MUTUAL BANK may have or claim an interest in the Property that is the subject
of this Foreclosure action by virtue of a Mortgage recorded inOfficial Records Book 9267, Page 4436, or may
otherwise claim an interest in the Property.
14. RESIDENCES AT VILLA MEDICI CONDOMINIUM ASSOCIATION, INC. may have or claim an
interest in the Property that is the subject of this Foreclosure action by virtue of any unpaid condominium assessments
levied pursuant to the Declaration of Condominium and any interest acquiredpursuant to Chapter 718 F.S., or may
otherwise claim an interest in the Property.
15. TENANT #1, TENANT #2, TENANT #3 and TENANT #4, the names being fictitious to account
for parties in possession may claim some interest in the Property that is the subject ofthis foreclosure action by virtue of
an unrecorded lease or purchase option, by virtue of possession, or may otherwise claim an interest in the Property.
The
names of these Defendants are unknown to the PlaintiflF.
WHEREFORE, Plaintiffrequests that the Court ascertain the amount due Plaintifif for principal and interest on
the Mortgage Note and Mortgage and for late charges, abstracting, taxes, expenses and costs, including attomey's fees,
plus interest thereon; that ifthe
sums due PlaintiflF under the Mortgage Note and Mortgage are not paid immediately, the
Court foreclose the Mortgage and the Clerk ofthe Court sell the Property securing the indebtedness to satisiy PlaintiflFs
mortgage lien in accordance with the provisions ofFlorida Statutes §45.031 (2006); that the rights, title and interest of
any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereaftermade a
Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues,
income and profits thereof, orin the altemative, order sequestration of rents, issues, income and profitspursuant to
Florida Statutes §697.07 (2006); and that the Court retain jurisdiction of this action to make any and all fiirther orders
and judgments as may be necessary and proper, including the issuance of a writ of possession and the entry of a
deficiency decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in
bankmptcy.
COUNT II - RE-ESTABLISHMENT OF NOTE
16. This isan action to re-establish a lost Mortgage Note pursuant to Florida Statutes §673.3091
(2006).
17. PlaintiflF incorporates by reference the allegations previous pled as fiilly set forth herein.
18. • The PlaintifFand the Defendants named herein are the only persons known to PlaintiflF to have an
interest for or against the re-establishment ofthe
Mortgage Note.
19. PlaintifF was in possession ofthe Mortgage Note and entitled to enforce it when loss of possession
occurred or PlaintiflFhas been assigned the right to enforce the Mortgage Note. (Plaintiff does not presently have a
copy ofthe note, but is seeking to obtain a copy, and will file a copy with the Court when obtained.)
20. The terms ofthe Note are as follows:
a. Original loan amount: $214,720.00
b. Amount ofmonthly principal and interest payment: $1,265.95
c. Interest rate: 7.075%
d. Loan beginning date: May 11, 2007
21. At some time between May 11, 2007, and the present, the Mortgage Note has either been lost or
destroyed and the Plaintiffis unable to state the manner in which this occurred. After due and diligent search,
PlaintiflFhas been unable to obtain possession ofthe Mortgage Note.
22. The Mortgage Note has not been seized or transferred by PlaintiflF.
WHEREFORE, PlaintiflF requeststhat the Court re-establishthe Mortgage Note which this Mortgage
secures.
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 336^27«^18.
(813) 251-4766
By:
Lindsey Diehl
Florida Bar No. 27688
Colleen E. Lehmann
Florida Bar No. 33496
Aime M. Cruz-Alvarez
Florida Bar No. 17140
WMflDELITY-SPECFHLMC-R-ejayska
FLORIDA DEFAULT LAW GROUP, P.L.
ATTORNEYS AT LAW
9119 CORPORATE LAKE DRIVE
3^^ FLOOR
TAMPA, FLORIDA 33634
Please reply to: Telephone (813) 251-4766
Post Office Box 25018 Telefax (813) 251-1541
Tampa, FL 33622-5018
May 20, 2008
ERKAN SAVLUK
5120 CONROY ROAD UNIT#5-28
ORLANDO.FL 32811
Re:
Loan Number: 3013706894
Mortgage Servicer WASHINGTON MUTUAL BANK,fiTc/aWASHINGTON
MUTUAL BAIMK, FA
Creditor to whom WASHINGTON MUTUAL BANK F/K/A WASHINGTON
the debt is owed: MUTUAL BANK, FA
Property Address: 5120 CONROY ROAD UNIT#5-28, ORLANDO, FL 32811
Our File No.: F08041335
Dear Borrower:
The law firm ofFlorida Default Law Group, P.L. (hereinafter referred to as "law firm") has been retained to
represent WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA with regards to its
interests in the promissory Note and Mortgage executed by ERKAN SAVLUK on May 11, 2007. Pursuant to the
terms ofthe promissory Note and Mortgage, our client has accelerated all sums due and owing, which means that
the entire principal balance and all other sums recoverable under the terms ofthe promissory Note and Mortgage are
now due.
As of the date of this letter, the amount owed to our client is $220,831.19, which includes the unpaid
principal balance, accmed interest through today, late charges, and other default-relatedcosts recoverable under the
terms ofthe promissory Note iand Mortgage. Additional interest will accme after the date ofthisletter.
This correspondence is being sent to comply with the Fair Debt Collection Practices Act and should not be
considered a payoff letter. Our client may make advances and incur fees and expenses after the date ofthis letter
which are recoverable under the terms ofthe promissory Note and Mortgage. Therefore, ifyou wish to receive
figures to reinstate (bring your loan current) or pay oflf your loan through a specific date, please contact this law firm
at (813) 251-4766 or client.services@defaultlawfl.com.
Unless you notify this law firm within thirty (30) days after your receipt ofthis letter that the validity of
this debt, or any portion thereof, is disputed, this law firm will assume that the debt is valid.
Ifyou do notify this
FILE NUMBER: F08041335 DOC ID: M005104
law firm in writing within thirty (30) days after receipt ofthis
letter that the debt, or any portion thereof, is disputed,
this law firm will obtain verification
ofthe debt or a copy of the judgment against you, ifany, and mail it to you.
Also, upon your written request within thirty (30) days after your receipt ofthisletter, this law firm will provide you
with the name and address ofthe original creditor, if different from the current creditor.
Florida Default Law Group,
P.L. is a debt collector.This law firm is attempting to collect a debt, and any informationobtained will be used for
that purpose.
All written requests should be addressed to Lindsey Diehl, Florida Default Law Group, P.L., P.O. Box
25018, Tampa, Florida 33622-5018.
This law firm is in the process of filing a Complaint on the promissory Note and Mortgageto foreclose on
real estate.The advice in this letter pertains to your dealings with this law firm as a debt collector.
It does notaffect
your dealings with the Court, and in particular, it does not change the time at which you must answer the Complaint.
The Summons is a command from the Court, not from this law firm, and you must follow its instmctions even ifyou
dispute the validity or amount ofthe debt. The advice in this letter also does not affect this law firm's relations with
the Court. This law firm may file papers in the suit according to the Court's mles and the judge's instmctions.
Finally, ifyou previously received a discharge in a bankmptcy involving this loan and did not sign a
reaffirmation agreement, then this letter is not an attempt to collect a debt from you personally.
This law firm is
seeking solely to foreclose the creditor's lien on real estate and this law firm will not be seeking a personal money
judgment against you.
Ifyou have questions regarding this matter, please do not hesitate to contact this law firm.
Florida Default Law Group, P.L.
Attomeys for WASHINGTON MUTUAL BANK F/K/A
WASHINGTON MUTUAL BANK, FA
LINDSEY DIEHL
NOTICE
Florida Default Law Group, P.L. is a debt collector. This Firm is attempting to collect a
debt, and information obtained may be used for the purpose.
Retum To:
III
WASHINGTON MUTUAL BANK FA INSTR 20070328742
2210 ENTERPRISE DR OR BK 09267 PS 4408 PGS=2a
FLORENCE, SC 29501 MARfHft 0. HAYNlt, COilPTROLLER
IX)C OPS M/S FSCE 440 ORANGE COUNTY, FL
05/21/Sy07 11:54:27 AM
MTG DOC TftX 751.88
This document was prepared by:
INTftNG TAX 429.44
CHARLOTTE BENNETT REC FEE £39.50
[Space AlwTe This Line For Recording Data]
ZFLl
M28 MORTGAGE 3013706894-094
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined
in Sections 3, II, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
document are also provided in Section 16.
(A) "Security Instruinent" means this documait, which is dated MAY I ^ ^ 2007
together with all Riders to this document
(B) "Borrower" is ERKAN SAVLUK
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is WASHINGTON MUTUAL BANK. FA
Lenderisa FEDERAL SAVINGS BAMC
organized and existing under the laws of xHE UNITED STATES OF AMERICA
FLORIDA - Single Fonily- Fannio Mae/Fradtfia Mac UNIFORM INSTHUMENT Form 3010 1/01
t—6(FL) (OOOS)
Pag*1 ofIB ii.i»=
Initia 4:5^
VMP MORTGAGE FORMS -(800)521-7291
Book9267/Page4408 CFN#20070328742 Page 1 of 28
Lender's address is 2273 N. GREEN VALLEY PARKWAY. SUITE 14. HENDERSON, NV
89014
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated MAY 1 1 . 2007
The Note states that Borrower owes Lender TWO HUNDRED FOURTEEN THOUSAND SEVEN
HUNDRED TWENTY AND 00/100 Dollars
{U.S. $ 214.720.00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than juNE 01. 2037
(E) "Property" means the property that is described below under the heading "Transfer ot Rights
in the Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower Icheck box as applicable!:
Adjustable Rate Rider | x | Condominium Rider Second Home Rider
Balloon Rider p^ Planned Unit Development Rider 1-4 Family Rider
VA Rider Q Biweekly Payment Rider Other(s) [specify]
(H) "Applicable Law" means all controlling applicable federal, state and local statutes,
regulations, ordinances and administrative rules and orders (that have the effect of law) as well as
all applicable final, non'appealable judicial opinions.
(I) "Commonity Association Dues, Fees, and Assessments" means all dues, fees,
assessments and other charges that are imposed on Borrows or the Property by a condominium
association, homeowners association or similar organization.
(J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction
originated by check, draft,or similar papa* instrument, which is initiated through an electronic
terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize
a financial institutionto debit or credit an account. Such term includes, but isnot limited to,
point~of~sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settiement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 5) fon (i) damage to, or destruction of, the Property; (ii)condemnation or
other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or
default on, the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and
interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
-6(FU(ooo5) p.,. 2 . ,
,6
ii
initials:
Form 3010 1/01
Book9267/Page4409 CFN#20070328742 Page 2 of 28
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.)
and its implementing regulation. Regulation X (24 C.F.R. Part 3500). as they might be amended
from time to time, or any additional or successor legislationor regulation that govems the same
subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan
does not qualify as a "federally related mortgage loan" under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken titie to the Property,
whether or not that party has assumed Borrower's obligations under the Note andyor this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lenden (i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; and (ii)the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby
mortgage, grant and convey to Lender, the following described property located in the
COUNTY of ORANGE
[Type of Recording Jurisdiction] [Name of Recording Jurisdictionl
THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT
ANO IS MADE A PART HEREOF.
Parcel ID Numben 07-2329-7369-20-280 which currentiy has the address of
5120 CONROY RD UNIT 5-28 [Street]
ORLANDO [Qty]. Florida 3 2 8 1 1 [Zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by this Security Instrument. All of the foregoing is referred to
in this Security Instrument as the "Property."
-6(FU (0005)
•SL
Initials:
Piga 3 of
16 Form 3010 1/01
Book9267/Page4410 CFN#20070328742 Page 3 of 28
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
and has the right to mortgage, grant and convey the Property and that the Property is
unencumboed, except for mcumbrances of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
nomjniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the priadpal of, and interest on, the debt evidenced by the
Note and any prepayment charges and late charges due under the Note. Borrower shall also pay
funds for Ea:row Items pursuant to Section 3. Payments due under the Note and thisSecurity
Instrument shall be made in U.S. currency. However, if any check or other instrument received by
Lender as payment under the Note or this Security Instrument is retumed 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 forms, as selected by Lenden (a) cash; (b)
money order; (c) certified check, bank check, treasurer'scheck or cashier'scheck, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or(d) Electronic Funds Transfer.
Payments are deemed recdved 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 13. Lender may retum any. payment or partial paymait ifthe payment or
partialpayments are insufficient to bring the Loan curroit. Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any ri^ts hereunder or
prejudice to its rights to refuse suchpayment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time. Lender shall either apply
such funds or retum them to Borrower. If not applied earlier,such funds will be applied to the
oiJtstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from
making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2.
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 firstto 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 ddinquent Periodic Payment which
includes a suffident amount to pay any late charge due. the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender
may apply any payment recdved from Borrower to the repayment of the Periodic Payments if,
and to the extent that, each payment can be paid in full. To the extent that any excess exists after
the payment is applied to the full payment of one or more Periodic Payments, such excess may be
Initials:Qy
< S S ^ - 8 ( F U cooos, ^^^ ^ ^,,^ P^^ 3Q^Q ^,Q^
Book9267/Page4411 CFN#20070328742 Page 4 of 28
applied to any late charges due. Voluntary prepayments shall be applied firstto any prepayment
charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to prindpal 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 L«ider 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 fon (a) taxes and assessments and other items which can attain priority over this
Security Instrument as a lien or encumbrance on the Propertjr; (b) leasdiold 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, ifany, or any sums payable by Borrower to
Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions
of Section 10. These items are caiied "Escrow Items." At origination or at any time during the
term of the Loan, Lender may require that Community Assodation Dues, Fees, and Assessments.
ifany, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shallpromptiy fumish to Lender allnotices of amounts to be paid under this Section.
Borrower shall pay Loider the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation
to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in
writing. In the event of such waiver. Borrower shall pay directiy, when and where payable, the
amounts due for any Escrow Items for which payment of Funds has been waived by Loider and.
ifLender requires, shall fumish to Lender recdpts evidencing such payment within such time
period as Loider may require. Borrower's obligation to make such payments and to provide
recdpts 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 directiy. pursuant to a waiver, and Borrower failsto pay the
amount due for an Escrow Item, Lender may exerdse 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. Lendo- may revoke the waiver as to any or allEscrow Items at any time by a notice
given in accordance with Section IS and, upon such revocation. Borrower shall pay to Lender all
Funds, and in such amounts, that are thoi required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) suffident to permit
Lender to apply the Funds at the time spedfied under RESPA. and (b) not to exceed the
maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds
due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so
insured) or in any Federal Home Loan Bank. Lender diall apply the Funds to pay the Escrow
Items no later than the time q)edfied under RESPA. Lendo* shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow
Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to
make such a charge. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earmngs on
the Funds. Borrower and Lender can agree in writing, however, that interest shallbe paid on the
Funds. Lender shall give to Borrower, without charge, an aimual accounting of the Funds as
required by RESPA.
Initials: (,^
-6(FU dr and restoration period. Lender shall have the rightto hold such
Miscellaneous Proc^ds until Lender has had an opportunity to inspect such Property to ensure
the work has been completed to Lender's satisfaction,provided that such inspection shall be
undertaken promptly. Lender may pay for the r^>drs and restoration in a dngle disbursement or
in a series of tvogress paymente as the work is completed. Unless an agreement is made in
writing or Applicable Law requires interest to be pdd on such Miscellaneous Proceeds, Lender
shallnot be requinKl to pay Borrower any interest or eamings on such ^fiscellaneous Proceeds. If
the restoration or repdr is not economically feadble or Lender's security would be lessened, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due. with the excess, if any, pdd to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then
due, with the excess, if any, odd to Borrower.
In the event of a paitial taking, destruction, or loss in value of the Property in which the fdr
market value of the Property immediately before the partial taking, destruction, or loss in value is
equal to or greater than the amount of the sums secured by this ^curity Instrument immediately
before the j»rtial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree in wnting. the sums secured by this Security Instrument shall be reduced by the amount of
the Miscellaneous Proceeds multiplied by the following fraction: (a) the totalamount of the sums
secured immediately before the partial taking, destruction, or loss in value divided by (b) the fdr
market value of the Property immediately before the paitialtaking, destruction, or loss invalue.
Any balance shall be p d o to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fdr
market value of the Property immediately before the partial taking, destruction, or loss in vdue is
less than the amount ot the sums secured immediately before ths partial taking, destruction, or
loss in value, unless Borrower and Lender otherwise agree in writing, the MisceUaneous Proceeds
shall be applied to the sums secured by this Security Ii^trument whether or not the sums are then
due.
If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the
Oppodng Party (as defined in the next sentence) offers to make an award to settie acldm for
damages. Borrower fdls to respond to Lender within 30 days after the date the notice is gjven,
Lendo* is authorized to collect and apply the Miscellaneous Proceeds dther to restoration or
repdr of the Property or to the sums secured by this Security Instrument, whether or not then
due. "Oppodng Party" means the third party that owes Borrower Mscellaneous Proceeds or the
party agdnst whom Borrower has a right of action in regard to NCscellaneous Proceeds.
Borrower shdl be in default ifany action or proc^ding. whether dvil or crimind, is begun
that, in Lender's judgment, could result in forfdture of the Rroperty or other materid
impdrment of Lender's interest in the Property or righte under mis Security Instrument.
Borrower can cure such a default and. if acceleration has occurred, rdnstete as provided in Section
19. by caudng the action or proceeding to be dismissed with a ruling that, in Lender's judgment,
precludes forfdture of the Property or other materid impdrmoit of Leader's interest in the
Initials:
Z^.Z^
C^-6(FU (0005, ^,^, „ _,, ,^ P^^^ 3P,Q ^,Q^
Book9267/Page4418 CFN#20070328742
Preview
IN THE CIRCUIT COURT OF THE NINTH JUDICLVL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CIVH. ACTION WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA, Plaintiff, CASE NO, vs. DIVISION, ERKAN SAVLUK; THE UNKNOWN SPOUSE OF ERKAN SAVLUK; 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 UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; WASHINGTON MUTUAL BANK; RESIDENCES AT VILLA MEDICI CONDOMINIUM ASSOCIATION, INC.; TENANT #1, TENANT #2, TENANT #3, and TENANT #4 the names:being fictitious to account for parties in possession ; ' • ". "--' Defendant(s). Ij ; iii'. --' MORTGAGE FORECLOSURE COMPLAINT 11^ Plaintiff,WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL :B.4L|}ig FAT suW:! Defendants, ERKAN SAVLUK, THE UNKNOWN SPOUSE OF ERKAN SAVLUK; AW ANDSALL 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; WASHINGTON MUTUAL BANK; RESIDENCES AT VILLA MEDICI CONDOMINIUM ASSOCL«iTION, INC.; TENANT #1, TENANT #2, TENANT #3 and TENANT #4 the names being fictitious to account for parties in possession, and alleges: COUNT I - MORTGAGE FORECLOSURE 1. This is an in rem action to foreclosea mortgage on real property located and situated in ORANGE County, Florida. 2. This firm has complied with the notice requirement ofthe Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq, as amended. The Notice(s) previously mailed by the firm is attached hereto and incorporated herein as an Exhibit. FiLE NUMBER: F08041335 DOC ID: M000100 3. On May 11, 2007, there was executed and delivered a Promissory Note ("Mortgage Note") and a Purchase Money Mortgage ("Mortgage") securing the payment ofthe Mortgage Note. The Mortgage was recorded on May 21, 2007, in Official Records Book 9267 at Page 4408, ofthe Public Records ofORANGE County, Florida, (All subsequent recording references are to the pubhc records of ORANGE County, Florida) and mortgaged the real and personal property ("Property") described therein, then owned by and in possession of the Mortgagor(s). A copy of the original Mortgage is attached hereto and incorporated herein as an Exhibit. 4. Plaintifif is now the holder of the Mortgage Note and Mortgage. 5. The Property is now owned of record by Defendant(s), ERKAN SAVLUK. 6. The Mortgage Note and Mortgage are in default. The required installment payment of February 1, 2008, was not paid, and no subsequent payments have been made. The Mortgage is contractually due for the February 1, 2008, payment. The lastpayment received was applied to the January 1, 2008, installment,and no subsequent payments have been applied to the loan. 7. Plaintifif declares the fiill amount payable under the Mortgage Note and Mortgage to be now due. 8. Plaintiff must be paid $214,720.00 in principal on the Mortgage Note and Mortgage, together with interest from January 1, 2008, late charges, and all costs of collection including titie search expenses for ascertaining necessary parties to this action and reasonable attomey's fees. 9. All conditions precedent to the acceleration ofthe Mortgage Note and foreclosure oftheMortgage have been performed or have occurred. 10. Plaintiffhasretained the law firm ofFlorida Default Law Group, P.L., in this action and is obligated to pay it a reasonable fee for its services in bringing this action as well as all costs of collection. 11. The interests ofeach Defendant are subject, subordinate, and inferior to the right, title, interest, and lien of PlaintifFs Mortgage with the exception of any special assessments that are superior pursuant to Florida Statutes § 159 (2006) and Florida Statiites § 170.09 (2006). 12. THE UNKNOWN SPOUSE OF ERKAN SAVLUK may have or claim an interest in the Property that is the subject of this Foreclosure action by virtue of homestead rights, possession, or any right of redemption, or may otherwise claim an interest in the Property. 13. WASHINGTON MUTUAL BANK may have or claim an interest in the Property that is the subject of this Foreclosure action by virtue of a Mortgage recorded inOfficial Records Book 9267, Page 4436, or may otherwise claim an interest in the Property. 14. RESIDENCES AT VILLA MEDICI CONDOMINIUM ASSOCIATION, INC. may have or claim an interest in the Property that is the subject of this Foreclosure action by virtue of any unpaid condominium assessments levied pursuant to the Declaration of Condominium and any interest acquiredpursuant to Chapter 718 F.S., or may otherwise claim an interest in the Property. 15. TENANT #1, TENANT #2, TENANT #3 and TENANT #4, the names being fictitious to account for parties in possession may claim some interest in the Property that is the subject ofthis foreclosure action by virtue of an unrecorded lease or purchase option, by virtue of possession, or may otherwise claim an interest in the Property. The names of these Defendants are unknown to the PlaintiflF. WHEREFORE, Plaintiffrequests that the Court ascertain the amount due Plaintifif for principal and interest on the Mortgage Note and Mortgage and for late charges, abstracting, taxes, expenses and costs, including attomey's fees, plus interest thereon; that ifthe sums due PlaintiflF under the Mortgage Note and Mortgage are not paid immediately, the Court foreclose the Mortgage and the Clerk ofthe Court sell the Property securing the indebtedness to satisiy PlaintiflFs mortgage lien in accordance with the provisions ofFlorida Statutes §45.031 (2006); that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereaftermade a Defendant be forever barred and foreclosed; that the Court appoint a receiver of the Property and of the rents, issues, income and profits thereof, orin the altemative, order sequestration of rents, issues, income and profitspursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdiction of this action to make any and all fiirther orders and judgments as may be necessary and proper, including the issuance of a writ of possession and the entry of a deficiency decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in bankmptcy. COUNT II - RE-ESTABLISHMENT OF NOTE 16. This isan action to re-establish a lost Mortgage Note pursuant to Florida Statutes §673.3091 (2006). 17. PlaintiflF incorporates by reference the allegations previous pled as fiilly set forth herein. 18. • The PlaintifFand the Defendants named herein are the only persons known to PlaintiflF to have an interest for or against the re-establishment ofthe Mortgage Note. 19. PlaintifF was in possession ofthe Mortgage Note and entitled to enforce it when loss of possession occurred or PlaintiflFhas been assigned the right to enforce the Mortgage Note. (Plaintiff does not presently have a copy ofthe note, but is seeking to obtain a copy, and will file a copy with the Court when obtained.) 20. The terms ofthe Note are as follows: a. Original loan amount: $214,720.00 b. Amount ofmonthly principal and interest payment: $1,265.95 c. Interest rate: 7.075% d. Loan beginning date: May 11, 2007 21. At some time between May 11, 2007, and the present, the Mortgage Note has either been lost or destroyed and the Plaintiffis unable to state the manner in which this occurred. After due and diligent search, PlaintiflFhas been unable to obtain possession ofthe Mortgage Note. 22. The Mortgage Note has not been seized or transferred by PlaintiflF. WHEREFORE, PlaintiflF requeststhat the Court re-establishthe Mortgage Note which this Mortgage secures. Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 336^27«^18. (813) 251-4766 By: Lindsey Diehl Florida Bar No. 27688 Colleen E. Lehmann Florida Bar No. 33496 Aime M. Cruz-Alvarez Florida Bar No. 17140 WMflDELITY-SPECFHLMC-R-ejayska FLORIDA DEFAULT LAW GROUP, P.L. ATTORNEYS AT LAW 9119 CORPORATE LAKE DRIVE 3^^ FLOOR TAMPA, FLORIDA 33634 Please reply to: Telephone (813) 251-4766 Post Office Box 25018 Telefax (813) 251-1541 Tampa, FL 33622-5018 May 20, 2008 ERKAN SAVLUK 5120 CONROY ROAD UNIT#5-28 ORLANDO.FL 32811 Re: Loan Number: 3013706894 Mortgage Servicer WASHINGTON MUTUAL BANK,fiTc/aWASHINGTON MUTUAL BAIMK, FA Creditor to whom WASHINGTON MUTUAL BANK F/K/A WASHINGTON the debt is owed: MUTUAL BANK, FA Property Address: 5120 CONROY ROAD UNIT#5-28, ORLANDO, FL 32811 Our File No.: F08041335 Dear Borrower: The law firm ofFlorida Default Law Group, P.L. (hereinafter referred to as "law firm") has been retained to represent WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA with regards to its interests in the promissory Note and Mortgage executed by ERKAN SAVLUK on May 11, 2007. Pursuant to the terms ofthe promissory Note and Mortgage, our client has accelerated all sums due and owing, which means that the entire principal balance and all other sums recoverable under the terms ofthe promissory Note and Mortgage are now due. As of the date of this letter, the amount owed to our client is $220,831.19, which includes the unpaid principal balance, accmed interest through today, late charges, and other default-relatedcosts recoverable under the terms ofthe promissory Note iand Mortgage. Additional interest will accme after the date ofthisletter. This correspondence is being sent to comply with the Fair Debt Collection Practices Act and should not be considered a payoff letter. Our client may make advances and incur fees and expenses after the date ofthis letter which are recoverable under the terms ofthe promissory Note and Mortgage. Therefore, ifyou wish to receive figures to reinstate (bring your loan current) or pay oflf your loan through a specific date, please contact this law firm at (813) 251-4766 or client.services@defaultlawfl.com. Unless you notify this law firm within thirty (30) days after your receipt ofthis letter that the validity of this debt, or any portion thereof, is disputed, this law firm will assume that the debt is valid. Ifyou do notify this FILE NUMBER: F08041335 DOC ID: M005104 law firm in writing within thirty (30) days after receipt ofthis letter that the debt, or any portion thereof, is disputed, this law firm will obtain verification ofthe debt or a copy of the judgment against you, ifany, and mail it to you. Also, upon your written request within thirty (30) days after your receipt ofthisletter, this law firm will provide you with the name and address ofthe original creditor, if different from the current creditor. Florida Default Law Group, P.L. is a debt collector.This law firm is attempting to collect a debt, and any informationobtained will be used for that purpose. All written requests should be addressed to Lindsey Diehl, Florida Default Law Group, P.L., P.O. Box 25018, Tampa, Florida 33622-5018. This law firm is in the process of filing a Complaint on the promissory Note and Mortgageto foreclose on real estate.The advice in this letter pertains to your dealings with this law firm as a debt collector. It does notaffect your dealings with the Court, and in particular, it does not change the time at which you must answer the Complaint. The Summons is a command from the Court, not from this law firm, and you must follow its instmctions even ifyou dispute the validity or amount ofthe debt. The advice in this letter also does not affect this law firm's relations with the Court. This law firm may file papers in the suit according to the Court's mles and the judge's instmctions. Finally, ifyou previously received a discharge in a bankmptcy involving this loan and did not sign a reaffirmation agreement, then this letter is not an attempt to collect a debt from you personally. This law firm is seeking solely to foreclose the creditor's lien on real estate and this law firm will not be seeking a personal money judgment against you. Ifyou have questions regarding this matter, please do not hesitate to contact this law firm. Florida Default Law Group, P.L. Attomeys for WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA LINDSEY DIEHL NOTICE Florida Default Law Group, P.L. is a debt collector. This Firm is attempting to collect a debt, and information obtained may be used for the purpose. Retum To: III WASHINGTON MUTUAL BANK FA INSTR 20070328742 2210 ENTERPRISE DR OR BK 09267 PS 4408 PGS=2a FLORENCE, SC 29501 MARfHft 0. HAYNlt, COilPTROLLER IX)C OPS M/S FSCE 440 ORANGE COUNTY, FL 05/21/Sy07 11:54:27 AM MTG DOC TftX 751.88 This document was prepared by: INTftNG TAX 429.44 CHARLOTTE BENNETT REC FEE £39.50 [Space AlwTe This Line For Recording Data] ZFLl M28 MORTGAGE 3013706894-094 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instruinent" means this documait, which is dated MAY I ^ ^ 2007 together with all Riders to this document (B) "Borrower" is ERKAN SAVLUK Borrower is the mortgagor under this Security Instrument. (C) "Lender" is WASHINGTON MUTUAL BANK. FA Lenderisa FEDERAL SAVINGS BAMC organized and existing under the laws of xHE UNITED STATES OF AMERICA FLORIDA - Single Fonily- Fannio Mae/Fradtfia Mac UNIFORM INSTHUMENT Form 3010 1/01 t—6(FL) (OOOS) Pag*1 ofIB ii.i»= Initia 4:5^ VMP MORTGAGE FORMS -(800)521-7291 Book9267/Page4408 CFN#20070328742 Page 1 of 28 Lender's address is 2273 N. GREEN VALLEY PARKWAY. SUITE 14. HENDERSON, NV 89014 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated MAY 1 1 . 2007 The Note states that Borrower owes Lender TWO HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED TWENTY AND 00/100 Dollars {U.S. $ 214.720.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than juNE 01. 2037 (E) "Property" means the property that is described below under the heading "Transfer ot Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower Icheck box as applicable!: Adjustable Rate Rider | x | Condominium Rider Second Home Rider Balloon Rider p^ Planned Unit Development Rider 1-4 Family Rider VA Rider Q Biweekly Payment Rider Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non'appealable judicial opinions. (I) "Commonity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrows or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,or similar papa* instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institutionto debit or credit an account. Such term includes, but isnot limited to, point~of~sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settiement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) fon (i) damage to, or destruction of, the Property; (ii)condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. -6(FU(ooo5) p.,. 2 . , ,6 ii initials: Form 3010 1/01 Book9267/Page4409 CFN#20070328742 Page 2 of 28 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation. Regulation X (24 C.F.R. Part 3500). as they might be amended from time to time, or any additional or successor legislationor regulation that govems the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken titie to the Property, whether or not that party has assumed Borrower's obligations under the Note andyor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lenden (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to Lender, the following described property located in the COUNTY of ORANGE [Type of Recording Jurisdiction] [Name of Recording Jurisdictionl THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT ANO IS MADE A PART HEREOF. Parcel ID Numben 07-2329-7369-20-280 which currentiy has the address of 5120 CONROY RD UNIT 5-28 [Street] ORLANDO [Qty]. Florida 3 2 8 1 1 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." -6(FU (0005) •SL Initials: Piga 3 of 16 Form 3010 1/01 Book9267/Page4410 CFN#20070328742 Page 3 of 28 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumboed, except for mcumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nomjniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the priadpal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Ea:row Items pursuant to Section 3. Payments due under the Note and thisSecurity Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is retumed 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 forms, as selected by Lenden (a) cash; (b) money order; (c) certified check, bank check, treasurer'scheck or cashier'scheck, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or(d) Electronic Funds Transfer. Payments are deemed recdved 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 13. Lender may retum any. payment or partial paymait ifthe payment or partialpayments are insufficient to bring the Loan curroit. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any ri^ts hereunder or prejudice to its rights to refuse suchpayment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. Lender shall either apply such funds or retum them to Borrower. If not applied earlier,such funds will be applied to the oiJtstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2. 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 firstto 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 ddinquent Periodic Payment which includes a suffident amount to pay any late charge due. the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment recdved from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be Initials:Qy < S S ^ - 8 ( F U cooos, ^^^ ^ ^,,^ P^^ 3Q^Q ^,Q^ Book9267/Page4411 CFN#20070328742 Page 4 of 28 applied to any late charges due. Voluntary prepayments shall be applied firstto any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to prindpal 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 L«ider 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 fon (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Propertjr; (b) leasdiold 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, ifany, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are caiied "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Assodation Dues, Fees, and Assessments. ifany, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shallpromptiy fumish to Lender allnotices of amounts to be paid under this Section. Borrower shall pay Loider the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver. Borrower shall pay directiy, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Loider and. ifLender requires, shall fumish to Lender recdpts evidencing such payment within such time period as Loider may require. Borrower's obligation to make such payments and to provide recdpts 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 directiy. pursuant to a waiver, and Borrower failsto pay the amount due for an Escrow Item, Lender may exerdse 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. Lendo- may revoke the waiver as to any or allEscrow Items at any time by a notice given in accordance with Section IS and, upon such revocation. Borrower shall pay to Lender all Funds, and in such amounts, that are thoi required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) suffident to permit Lender to apply the Funds at the time spedfied under RESPA. and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender diall apply the Funds to pay the Escrow Items no later than the time q)edfied under RESPA. Lendo* shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earmngs on the Funds. Borrower and Lender can agree in writing, however, that interest shallbe paid on the Funds. Lender shall give to Borrower, without charge, an aimual accounting of the Funds as required by RESPA. Initials: (,^ -6(FU dr and restoration period. Lender shall have the rightto hold such Miscellaneous Proc^ds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the r^>drs and restoration in a dngle disbursement or in a series of tvogress paymente as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be pdd on such Miscellaneous Proceeds, Lender shallnot be requinKl to pay Borrower any interest or eamings on such ^fiscellaneous Proceeds. If the restoration or repdr is not economically feadble or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with the excess, if any, pdd to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, odd to Borrower. In the event of a paitial taking, destruction, or loss in value of the Property in which the fdr market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this ^curity Instrument immediately before the j»rtial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in wnting. the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the totalamount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fdr market value of the Property immediately before the paitialtaking, destruction, or loss invalue. Any balance shall be p d o to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fdr market value of the Property immediately before the partial taking, destruction, or loss in vdue is less than the amount ot the sums secured immediately before ths partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the MisceUaneous Proceeds shall be applied to the sums secured by this Security Ii^trument whether or not the sums are then due. If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the Oppodng Party (as defined in the next sentence) offers to make an award to settie acldm for damages. Borrower fdls to respond to Lender within 30 days after the date the notice is gjven, Lendo* is authorized to collect and apply the Miscellaneous Proceeds dther to restoration or repdr of the Property or to the sums secured by this Security Instrument, whether or not then due. "Oppodng Party" means the third party that owes Borrower Mscellaneous Proceeds or the party agdnst whom Borrower has a right of action in regard to NCscellaneous Proceeds. Borrower shdl be in default ifany action or proc^ding. whether dvil or crimind, is begun that, in Lender's judgment, could result in forfdture of the Rroperty or other materid impdrment of Lender's interest in the Property or righte under mis Security Instrument. Borrower can cure such a default and. if acceleration has occurred, rdnstete as provided in Section 19. by caudng the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfdture of the Property or other materid impdrmoit of Leader's interest in the Initials: Z^.Z^ C^-6(FU (0005, ^,^, „ _,, ,^ P^^^ 3P,Q ^,Q^ Book9267/Page4418 CFN#20070328742