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Filing # 143873578 E-Filed 02/14/2022 02:49:09 PM
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR FLAGLER COUNTY, FLORIDA
CIVIL ACTION
KENNETH BELL, SR.,
and ALENA BELL,
Plaintiffs, Case No:
vs.
U.S. BANK NATIONAL ASSOCIATION
AS TRUSTEE FOR RAMP 2006ECF2;
EQUIFIRST CORPORATION; RESIDENTIAL
FUNDING COMPANY, LLC; and, RESIDENTIAL
FUNDING CORP,
Defendants.
/
VERIFIED COMPLAINT TO QUIET TITLE AND CANCEL MORTGAGE LIEN
COMES NOW the Plaintiffs, KENNETH BELL, SR. and ALENA BELL (hereinafter
collectively referred to as “Bell”), by and though the undersigned counsel, and files their Verified
Complaint to Quiet Title and Cancel Mortgage Lien, and brings this action to quiet title to real
property against the Defendants: EQUIFIRST CORPORATION (hereinafter referred to as
“EquiFirst”), and any unknown heirs, devisees, grantees, creditors and other unknown persons or
unknown spouses claiming by, through and under EquiFirst; RESIDENTIAL FUNDING
COMPANY, LLC (hereinafter referred to as “Residential LLC”), and any unknown heirs,
devisees, grantees, creditors and other unknown persons or unknown spouses claiming by, through
and under Residential LLC; RESIDENTIAL FUNDING CORP (hereinafter referred to as
“Residential CORP”), and any unknown heirs, devisees, grantees, creditors and other unknown
persons or unknown spouses claiming by, through and under Residential Corp; and, U.S. BANK
NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2006ECF2 (hereinafter referred to as “
US Bank”), and any unknown heirs, devisees, grantees, creditors and other unknown persons or
Page 1 of 60
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 02/15/2022 10:46 AMunknown spouses claiming by, through and under US Bank; and, in support of their claims for
affirmative relief, state as follows:
JURISDICTION
1. This is an action to quiet title to property located and situated in Flagler County, Florida
pursuant to Florida Statute §65.021.
2. US Bank is a national bank doing business under the laws of the United States.
3. EquiFirst was a national bank doing business under the laws of the United States.
4. Residential LLC was a national bank doing business under the laws of the United States.
5. Residential CORP was a national bank doing business under the laws of the United States.
6. On August 25, 2006, Bell obtained fee simple title to and became the record owner of the
following real property (hereinafter referred to as “Property”) situated in Flagler County,
Florida, and described as:
LOT 35, BLOCK 18, PALM COAST, MAP OF BELLE TERRE, SECTION 12, A
SUBDIVISION, ACCORDING TO THE PLAT OR MAP THEREOF DESCRIBED IN
MAP BOOK 6, PAGE (S) 80M OF THE PUBLIC RECORDS OF FLAGLER COUNTY,
FLORIDA, AS AMENDED BYINSTRUMENT RECORDED IN OFFICIAL RECORDS
BOOK 35, PAGE 528, OF THE PUBLIC RECORDS OF FLAGLER COUNTY,
FLORIDA,
which has the address of 8 BARKLEY LANE, PALM COAST, FLORIDA 32137.
7. On August 25, 2006, in connection with the purchase of the Property, Bell executed and
delivered a promissory note in favor of EquiFirst in the original principal amount of two
hundred twenty thousand dollars and no cents ($220,000.00); and, simultaneously
executed and delivered a mortgage in favor of EquiFirst, which encumbers the Property.
(Please see a copy of the promissory note and mortgage, which are collectively attached
hereto and incorporated herein as “Exhibit A”).
Page 2 of 60VALIDITY OF PLAINTIFF’S TITLE
COUNT I — EQUIFIRST
8. Bell fully reasserts the allegations contained within paragraphs 1-7, as if fully set forth
herein.
9. On September 22, 2009, EquiFirst withdrew its authority to transact business or conduct
affairs within the State of Florida. (Please see a copy of the Application by Foreign
Corporation for Withdrawal of Authority to Transact Business or Conduct Affairs in
Florida, which is attached hereto and incorporated herein as “Exhibit B”).
10. EquiFirst has no lien, right, title, claim or interest in the Property, and never has had same.
11. Bell seeks a declaration that the title to the Property is vested in them alone, and EquiFirst
be declared to have no estate, right, title or mortgage lien interest in the Property, and shall
be forever enjoined from asserting any estate, right, title or interest in the Property adverse
to Bell.
COUNT II — RESIDENTIAL LLC
12. Bell fully reasserts the allegations contained within paragraphs 1-7, as if fully set forth
herein.
13. On October 9, 2006, Residential LLC withdrew its authority to transact business or
conduct affairs within the State of Florida. (Please see a copy of the Application by
Foreign Corporation for Withdrawal of Authority to Transact Business or Conduct Affairs
in Florida, which is attached hereto and incorporated herein as “Exhibit C”).
14. Residential LLC has no lien, right, title, claim or interest in the Property, and never has
had same.
15. Bell seeks a declaration that the title to the Property is vested in them alone, and
Page 3 of 60Residential LLC be declared to have no estate, right, title or mortgage lien interest in the
Property, and shall be forever enjoined from asserting any estate, right, title or interest in
the Property adverse to Bell.
COUNT III — RESIDENTIAL CORP
16. Bell fully reasserts the allegations contained within paragraphs 1-7, as if fully set forth
herein.
17. On September 24, 2014, Residential CORP withdrew its authority to transact business or
conduct affairs within the State of Florida. (Please see a copy of the Application by Foreign
Corporation for Withdrawal of Authority to Transact Business or Conduct Affairs in
Florida, which is attached hereto and incorporated herein as “Exhibit D”).
18. Residential CORP has no lien, right, title, claim or interest in the Property, and never has
had same.
19. Bell seeks a declaration that the title to the Property is vested in them alone, and Residential
CORP be declared to have no estate, right, title or mortgage lien interest in the Property,
and shall be forever enjoined from asserting any estate, right, title or interest in the Property
adverse to Bell.
COUNT IV —US BANK
20. On November 5, 2008, US Bank filed a residential mortgage foreclosure action against
Bell, in Flagler County case numbered 18-2008-CA-002727, wherein it sought to
reestablish the lost note.
21. On August 30, 2018, US Bank filed its Designation of Registered Agent for U.S. Bank
National Association. (Please see a copy of the Application by Foreign Corporation for
Withdrawal of Authority to Transact Business or Conduct Affairs in Florida, which is
Page 4 of 6022.
23.
24.
25.
26.
attached hereto and incorporated herein as “Exhibit E”).
On September 8, 2021, in case numbered 18-2008-CA-002727 ~ US Bank v Bell, the
Flagler Circuit Court, entered its Final Judgment for Defendant. (Please see a copy of the
Final Judgment for Defendant, which is attached hereto and incorporated herein as
“Bxhibit F”).
US Bank has no lien, right, title, claim or interest in the Property, and never has had same.
Bell seeks a declaration that the title to the Property is vested in them alone, and US Bank
be declared to have no estate, right, title or mortgage lien interest in the Property, and shall
be forever enjoined from asserting any estate, right, title or interest in the Property adverse
to Bell.
REMOVAL OF MORTGAGE LIEN
Bell requests that any and all mortgage liens that may be attached to the Property be
released.
REQUEST FOR ATTORNEY’S FEES AND COSTS
Bell hereby notifies the Defendants of their intent to seek an award of attorney’s fees and
costs incurred by them since the original filing date of the instant action.
PRAYER FOR RELIEF
WHEREFORE, Bell requests that this Honorable Court enter Final Judgment granting
them the following relief:
A. Taking judicial notice, pursuant to Florida Statute Sections 90.202 and 90.203, of the
Final Judgment for Defendant entered in Flagler County Case numbered 18-2008-CA-
002727;
Page 5 of 60. Finding that EquiFirst Corporation has no estate, right title or interest in the Property;
. Finding that Residential Funding Company LLC has no estate, right title or interest in
the Property;
. Finding that Residential Funding CORP has no estate, right title or interest in the
Property;
. Finding that US Bank National Association as Trustee for RAMP 2006ECF2 has no
estate, right title or interest in the Property;
. Removing any and all liens that maybe attached to the Property by any of the
defendants;
. Cancelling the mortgage lien(s) upon the Property, if any;
. Declaring and determining Bell the rightful holder of the title to the Property;
Entering a judgment forever enjoining EquiFirst Corporation, or any entities or persons
claiming by, through and under EquiFirst Corporation;
Entering a judgment forever enjoining Residential Funding Company LLC, or any
entities or persons claiming by, through and under Residential Funding Company LLC,
from claiming any estate, right, title, or interest in the Property;
. Entering a judgment forever enjoining Residential Funding CORP, or any entities or
persons claiming by, through and under Residential Funding CORP, from claiming any
estate, right, title, or interest in the Property;
. Entering a judgment forever enjoining US Bank National Association as Trustee for
RAMP 2006ECF2, or any entities or persons claiming by, through and under US Bank
National Association as Trustee for RAMP 2006ECF2, from claiming any estate, right,
title, or interest in the Property;
. Cancelling the Promissory Note and Mortgage that are the subject matter of the instant
action;
. Cancelling the mortgage lien against the subject property;
. Awarding Bell their reasonable attorney’s fees and costs;
. Ordering US Bank National Association as Trustee for RAMP 2006ECF?2 to pay Bell’s
reasonable attorney’s fees and costs; and,
. Any and all such other relief that this Honorable Court deems just and proper.
Page 6 of 60VERIFICATION
I understand that I am swearing or affirming under oath to the truthfulness of the
claims made in this Verified Complaint to Quiet Title and Can¢el Mortgage Lien and thaf,the
punishment for knowingly making a false statement includes fines and/or ijnpris ent,
vbw f
4.
Dated: 2 7 lO - 2022 Le an €
(Signature of Kenneth Bell, St"
STATE OF FL: A
COUNTY OFZ, nd
le mee. “bey and signed before me
wee PATRICIA KAREN HERMAN .
ea Notary Publ : State af Florida
Pring, ivpe, siti gn one ei
or deputy clére
irony known
Produced identification
Type of identification produced
VERIFICATION
I understand that I am swearing or affirming under oath to the truthfulness of the
claims made in this Verified Complaint to Quiet Title and Cancel Mortgage Lien and that the
punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated: 2 -— tO -2027 Gh. » Beh
. Signature of Alena Bell
STATE OF FL@RIDA
COUNTY
Pye to or py i signed before me on this it ry
L Print, type, or sta
or deputy clerk.
Vv. Personally known
Produced identification
Type of identification produced
of February, 2022 by
PATRICIA KAREN HERMAN
ci Notary Public State of Florida
f pfiseron Ghats of ra
Bonded thraugh National Notary Assi.
Page 7 of 8
Page 7 of 60CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Verified Complaint
to Quiet Title and Cancel Mortgage Lien will be furnished via process server on this 14th day of
February, 2022 to: EquiFirst Corporation, c/o CT Corporation System, 1200 South Pine
Island, Road, Plantation, Vlorida 33324; Residential Funding Company LLC, c/o CT
Corporation System, 1200 South Pine Island, Road, Plantation, Florida 33324; Residential
Funding Corporation, c/o CT Corporation System, 1200 South Pine Island, Road, Plantation,
Florida 33324; and, US Bank National Association, c/o Cl Corporation System, 1200 South Pine
Island, Road, Plantation, Florida 33324,
/s/ Patricia K. Herman
PATRICIA K. HERMAN, ESQUIRE
Florida Bar No: 0113018
J.aw Office of Patricia K. [ferman, P.A.
1631 Rock Springs Road, #305
Apopka, Florida 32712-2229
407/731-5823
L-mail: Jopkhpa@gmail.com
Attorney for Plaintiffs
Page 8 of 8
Page 8 of 60Exhibit
ADJUSTABLE RATE N ore®
(LIBOR Index - Rate Caps)
‘MIN 1002001001040483 13
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM AND MINIMUM RATE I MUST PAY.
August 25, 2006 Palm Coast FL
(Date) (City) (State)
8 Barkley Lane, Palm Coast, FL 32137
(Property Address)
1. BORROWER'S PROMISE TO PAY
In retum for a loan that I have received, | promise to pay U.S. $ 220,000.00 (this amount is called
principal"), plus interest, to the order of the Lender. The Lender is EquiFirst Corporation . I will make all
payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this
Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this
Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest
ata yearly rate of 8.650%. The interest rate I will pay may change in accordance with Section 4 of the Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after
any default described in Section 7(B) of this Note.
3. PAYMENTS:
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payments on the Ist day of each month beginning on October 1, 2006
I will make these payments every month until have paid all of the principal and interest and any other
charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled
due date and will be applied to interest before principal. If on September 1, 2036, I shll owe amounts under
this Note, I will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at
EquiFirst Corporation , 500 Forest Point Circle , Charlotte, NC 28273
of at adifferent place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 1,637.96 -
This amount may change. With a final payment due of $ 153,897.89 due on September 1, 2036.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest
rate that | must pay” The Note Holder will determine my new interest rte and the changed amount of my monthly
payment in accordance with Section 4 of this Note.
Multistate Adjustable Rate Note-Libor Index
EF815N (2/00) (Florida Version) /
Loan Number 1040483 Page 1 of 4 Initial
Page 10 of 604. INTEREST RATE AND Ras PAYMENT CHANGES e
(A) Change Dates
The interest rate I will pay may change on September 1, 2008, and on that day every sixth month thereafter.
Each date on which my interest rate could change is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average
of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as
published in The Wall Street Journal. The most recent Index figure available as of the first business day of the
month immediately preceding the month in which the Change Date occurs is called the "Current Index".
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(©) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding 6.150 percentage
points ( 6.150 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest
one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded
amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate
in substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 11.650% or less than
8.650%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than
one percentage point (1.000%) from the rate of interest I have been paying for the preceding six months. My
{interest rte will never be greater than 14.650% or less than the inital interest rate provided for in Section 2 ofthis
lote.
(E) Effective Date of Change
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly
payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any change. The notice will include information required by law to
be given me and also the title and telephone numberof person who will answer any question I may have regarding
the notice.
5. BORROWER RIGHT TO PREPAY
(A)Prepayment —_[ have the right to make payments at any time before they are due. A payment of principal only
is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing I am doing so. If I
make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly
payments after the first Change Date following my partial prepayment. However, any reduction due to my partial
prepayment may be offset by an interest rate increase.
(B) Prepayment Penalty
In the event, during the first 2 years after the execution of this Note, I make a prepayment and the prepayment exceeds
twenty percent (20%) of the original principal amount of the loan in any twelve (12) month period, I will pay a
prepayment charge in an amount equal to six (6) months' advance interest on the amount prepaid which is in excess of
twenty percent (20%) of the original principal amount of the loan within the twelve (12) month period. The Note
Holder will not assess a prepayment penalty after the 2nd anniversary of the date of execution of this Note.
EF8ISN
Loan Number 1040483 Page 2 of 4 Initials!
Page 11 of 606. LOAN CHARGES e
Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit:
and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct
payment to me, Ifa refund reduces principal, the reduction will be treated as a partial prepayment.
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date itis due, will pay alate charge tothe Note Holder. The amount ofthe charge will be 5.00 % of my
overdue payment of principal and interest. I will pay this late charge but only once on each late payment.
(B) Default
IfI do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(©) Notice of Default
If | am in default, the Note holder may send me a written notice telling me that if [ do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which
has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on
which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if Iam in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable
law. Those expenses include, for example, reasonable attorneys’ fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
iress if I give the Note Holder a notice of my different address.
‘Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing
it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am’
given a notice of that different address.
9, OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any one of us may be required to pay all of the amounts owed under this
ote.
10, WAIVERS,
I and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor, "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
EF81SN
Loan Number: 1040483 Page 3 of 4 Initials
Page 12 of 6011. UNIFORM SECURED ®
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"),
dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep
the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be
wired to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower If all or any part of the Property or any
interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in
Borrower is sold or transferred), without Lender's prior written consent, Lender may, at its option, require
immediate payment in full of ali sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if exercise is prohibited by federal law. Lender also shall not exercise this option if: (a)
Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if
anew loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not
be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and
in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument
unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If.
Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by this Security Instrument without further notice or demand on Borrower.
12, DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the Mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
tt LL, (Seal) Gea
Kenneth Bell, Sr -Borrower Borrower
(Seal) (Seal)
“Borrower Borrower
(Seal) (Seal)
Borrower Borrower
(Seal) (Seal)
Borrower Borrower
EF81SFL .
Loan Number 1040483 Page 4 of 4 Initials
Page 13 of 60This
@..., Payment Addendum to
BALLOON PAYMENT ADDENDUM is made this 25th day of August, 2006 and amends the
Mortgage, Deed of Trust or Security Deed (the "Security Instrument") dated the same date and given by the
person(s) who sign below (the "Borrower(s) to EquiFirst Corporation (the "Lender") to secure repayment of a
Note in the amount of U.S. $ 220,000.00.
In addition to the agreements and provisions made in the Note and the Security Instrument, both the
Borrower(s) and the Lender further agree as follows:
1)
2)
3) AT LEAST NINETY (90), BUT NOT MORE THAN ONE HUNDRED TWENTY (120) DAYS PRIOR TO
THE MATURITY DATE, THE LENDER MUST SEND THE BORROWER(S) A NOTICE WHICH STATES
THE MATURITY DATE AND THE AMOUNT OF THE "BALLOON PAYMENT" WHICH WILL BE DUE
ON THE MATURITY DATE (ASSUMING ALL SCHEDULED PAYMENTS DUE BETWEEN THE DATE
THIS LOAN IS PAYABLE IN FULL AT THE MATURITY DATE. THE "MATURITY DATE"
IS September 1, 2036. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE
LOAN AND UNPAID INTEREST THEN DUE, THE LENDER IS UNDER NO OBLIGATION
TO REFINANCE THE LOAN AT THAT TIME, YOU WILL, THEREFORE, BE REQUIRED
TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL
HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN
WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT
MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS
NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING
FROM THE SAME LENDER.
CALCULATION OF MONTHLY PAYMENT AT CHANGE DATE
THE SECOND PARAGRAPH OF SECTION 4(C) OF THE NOTE IS HEREBY AMENDED BY
DELETING IT IN ITS ENTIRETY AND REPLACING IT WITH THE FOLLOWING: "THE
NOTE HOLDER WILL THEN DETERMINE THE AMOUNT OF THE MONTHLY PAYMENT THAT
WOULD BE SUFFICIENT TO REPAY THE UNPAID PRINCIPAL BALANCE THAT I AM
EXPECTED TO OWE AT THE CHANGE DATE IN FULL OVER THE REMAINING
AMORTIZATION PERIOD OF MY LOAN AT MY NEW INTEREST RATE IN SUBSTANTIALLY
EQUAL PAYMENTS, THE RESULT OF THIS CALCULATION WILL BE THE NEW AMOUNT OF
MONTHLY PAYMENT. I UNDERSTAND THAT THE AMORTIZATION PERIOD OF MY LOAN
IS 40 YEARS FROM THE DATE MY FIRST PAYMENT IS DUE AND THAT I WILL HAVE A
FINAL BALLOON PAYMENT DUE ON THE MATURITY DATE."
OF THE NOTICE AND THE MATURITY DATE ARE MADE ON TIME).
Kenneth Beli, §
1040483
EFO34 (03/06)
Page 14 of 60ADJUSTABLE RATE INTEREST RATE FLOOR &
PREPAYMENT PENALTY Addendum to Note
This ADJUSTABLE INTEREST RATE FLOOR & PREPAYMENT PENALTY ADDENDUM is made this 25th day
of August, 2006, and amends the Note in the amount of U.S. $ 220,000.00 dated the same date and given by the person(s)
who signs below (the "Borrower(s)") to EquiFirst Corporation (the "Lender’).
In addition to the agreements and provisions made in the Note and the Security Instrument, and notwithstanding any
provisions ic the contrary contained in said Note or the Security Instrument, both the Borrower(s) and the Lender further
agree as follows:
ADJUSTABLE INTEREST RATE FLOOR
This loan has an Interest Rate "Floor" which will limit the amount the Interest Rate can decrease. Regardless of any
changes in the index, the Interest Rate during the term of this loan will never be less than the initial Interest Rate provided
for in Section 2 of the Note.
PREPAYMENT PENALTY
In the event, during the first 2 years after the execution of this Note, I make a prepayment and the prepayment
exceeds twenty percent (20%) of the original principal amount of the loan in any twelve (12) month period, I will
pay a prepayment charge in an amount equal to six (6) months' advance interest on the amount prepaid which is in
excess of twenty percent (20%) of the original principal amount of the loan within the twelve (12) month period.
The Note Holder will not assess a prepayment penalty after the 2nd anniversary of the date of execution of this
jote.
Wi ih,
Kenneth Bat, eT
1040483
BFOST (12/99)
Page 15 of 60» e
Note Endorsements
Borrower(s): Kenneth Bell, Sr
Property Address: 8 Barkley Lane, Palm Coast, FL 32137
Without Recourse, Pay to the Order of:
EquiFirst Cory a -
By:
oo
Richard Tarlton
Assistant Vice President
1040483 Page J of |
EF5Snendr (12/05)
Page 16 of 60SIGNATURE/NAME AFFIDAVIT
DATE: August_25, 2006
LOAN #: =
BORROWER: Kenneth Bell, Sr
THIS IS TO CERTIFY THAT MY LEGAL SIGNATURE IS AS WRITTEN AND TYPED BELOW.
(This signature must exactly match signatures on the Note and Mortgage or Deed of Wh
Kenneth Bell, Sr
uy
(Print or Type Name} ‘Signature / 7
(If applicable, complete the following.)
| AM ALSO KNOWN AS:
Kenneth Bell Sr
(Print or Type Name}
(Print or Type Name} Signature
(Print or Type Name} Signature
(Print or Type Name} Signature
and that Kenneth Bell Sr
are one
and the same person.
State/Commonwealth of Florida
County/Parish of "Who Bt
On this Ad day of August, 2006 , before me, the undersigned notary,
personally appeared
Kenneth Bell, Sr.
proved to me through identification documents allowed by law, which were
to be the person(s) who signed the preceding document in my presence and who swore or affirmed to me that
the contents of the document are truthful and accurate to the best of his/her/their knowledge and belipf.
Notary Public
State/Commonwealth of
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Page 17 of 60~ en Oe sso
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“Return To: °
‘EquiFirst Corporation
Attn: Collateral M
500 Forest Point Circle
Charlotte, NC 28273
This document was prepared by:
Wendy White
500 Forest Point Circle,
Charlotte, NC 28273
[Space Alove This Line For Recording Data] —_—__———
MORTGAGE
MIN 100200100104048313
/ DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is datedAugust 25, 2006 .
together with all Riders to this document.
(B) "Borrower" is Kenneth Bell Sr and Alena Bell, husband and wife
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is EquiFirst Corporation
1040483
FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS. Form 3010 1/01
-BALFL) (0051.07 fF
@, Ps
Page 1 of 16 Initiale:
VMP MORTGAGE FORMS - (800/521-7291
Page 18 of 60
Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 08/25/2021 10:58 AMLender isa Corporation
organized and existing under the laws of North Carolina
Lender's address is 500 Forest Point Circle. Charlotte, NC 28273
(E) "Note" means the promissory note signed by Borrower and dated August 25, 2006
The Note states that Borrower owes Lender two hundred twenty thousand and 00/100
Dollars
(U.S. $220,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than September 1, 2036
(F) "Property" means the property that is described below under the heading “Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(HD) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
{3C] Adjustable Rate Rider [__] Condominium Rider [_] Second Home Rider
Balloon Rider (J Planned Unit Development Rider [__] 1-4 Family Rider
[_] VA Rider (_] Biweekly Payment Rider CJ Other(s) [specify]
ARM Floor/ Prepay Rider
(D "Applicable Law" means all controling applicable federal, state and local statutes, regulations,
ordinances and adi istrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judi | opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is noi limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan,
(®) "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.
1040483 soak /}-
Doar toees).er Page 2 of 16 Form 3010 1/01
>
Page 19 of 60(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a “federally related mortgage
joan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the 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
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS, the following described property located in the Count y [Type of Recording Jurisdiction]
of Flagler [Name of Recording Jurisdiction]:
See Attached Exhibit A
Parcel ID Number: 07-11-31-7035-00180-0120 which currently has the address of
8 Barkley Lane {sereet]
Palm Coast [City], Florida 32137 {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 shail also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS us nominee for Lender and Lender‘s successors and assigns) has the right: to exercise any
or ali of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security
Instrument. ye
1040483 f? kK
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ED, BAIFLI (0005101 Poye 3 ef 18 Form 3010 1/01
Page 20 of 60BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. 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
to each Periodic Payment in the order in which it became due. Any remaining amounts
first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments and to the extent that, each payment
1040483 JAA
ED, SAIFLI (0005).01 Page 4 of 16 Form 3010 1/01
Page 21 of 60a
can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of
one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment Charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for ali purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement”
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
1040483 A BK
Iniviats:
EZD-GAIFL) 10005).01 Page 5 of 16 Form 3010 1/01
Page 22 of 60shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Bues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Preperty is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice 2 the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tra
Preview
Filing # 143873578 E-Filed 02/14/2022 02:49:09 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA CIVIL ACTION KENNETH BELL, SR., and ALENA BELL, Plaintiffs, Case No: vs. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2006ECF2; EQUIFIRST CORPORATION; RESIDENTIAL FUNDING COMPANY, LLC; and, RESIDENTIAL FUNDING CORP, Defendants. / VERIFIED COMPLAINT TO QUIET TITLE AND CANCEL MORTGAGE LIEN COMES NOW the Plaintiffs, KENNETH BELL, SR. and ALENA BELL (hereinafter collectively referred to as “Bell”), by and though the undersigned counsel, and files their Verified Complaint to Quiet Title and Cancel Mortgage Lien, and brings this action to quiet title to real property against the Defendants: EQUIFIRST CORPORATION (hereinafter referred to as “EquiFirst”), and any unknown heirs, devisees, grantees, creditors and other unknown persons or unknown spouses claiming by, through and under EquiFirst; RESIDENTIAL FUNDING COMPANY, LLC (hereinafter referred to as “Residential LLC”), and any unknown heirs, devisees, grantees, creditors and other unknown persons or unknown spouses claiming by, through and under Residential LLC; RESIDENTIAL FUNDING CORP (hereinafter referred to as “Residential CORP”), and any unknown heirs, devisees, grantees, creditors and other unknown persons or unknown spouses claiming by, through and under Residential Corp; and, U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2006ECF2 (hereinafter referred to as “ US Bank”), and any unknown heirs, devisees, grantees, creditors and other unknown persons or Page 1 of 60 Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 02/15/2022 10:46 AMunknown spouses claiming by, through and under US Bank; and, in support of their claims for affirmative relief, state as follows: JURISDICTION 1. This is an action to quiet title to property located and situated in Flagler County, Florida pursuant to Florida Statute §65.021. 2. US Bank is a national bank doing business under the laws of the United States. 3. EquiFirst was a national bank doing business under the laws of the United States. 4. Residential LLC was a national bank doing business under the laws of the United States. 5. Residential CORP was a national bank doing business under the laws of the United States. 6. On August 25, 2006, Bell obtained fee simple title to and became the record owner of the following real property (hereinafter referred to as “Property”) situated in Flagler County, Florida, and described as: LOT 35, BLOCK 18, PALM COAST, MAP OF BELLE TERRE, SECTION 12, A SUBDIVISION, ACCORDING TO THE PLAT OR MAP THEREOF DESCRIBED IN MAP BOOK 6, PAGE (S) 80M OF THE PUBLIC RECORDS OF FLAGLER COUNTY, FLORIDA, AS AMENDED BYINSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 35, PAGE 528, OF THE PUBLIC RECORDS OF FLAGLER COUNTY, FLORIDA, which has the address of 8 BARKLEY LANE, PALM COAST, FLORIDA 32137. 7. On August 25, 2006, in connection with the purchase of the Property, Bell executed and delivered a promissory note in favor of EquiFirst in the original principal amount of two hundred twenty thousand dollars and no cents ($220,000.00); and, simultaneously executed and delivered a mortgage in favor of EquiFirst, which encumbers the Property. (Please see a copy of the promissory note and mortgage, which are collectively attached hereto and incorporated herein as “Exhibit A”). Page 2 of 60VALIDITY OF PLAINTIFF’S TITLE COUNT I — EQUIFIRST 8. Bell fully reasserts the allegations contained within paragraphs 1-7, as if fully set forth herein. 9. On September 22, 2009, EquiFirst withdrew its authority to transact business or conduct affairs within the State of Florida. (Please see a copy of the Application by Foreign Corporation for Withdrawal of Authority to Transact Business or Conduct Affairs in Florida, which is attached hereto and incorporated herein as “Exhibit B”). 10. EquiFirst has no lien, right, title, claim or interest in the Property, and never has had same. 11. Bell seeks a declaration that the title to the Property is vested in them alone, and EquiFirst be declared to have no estate, right, title or mortgage lien interest in the Property, and shall be forever enjoined from asserting any estate, right, title or interest in the Property adverse to Bell. COUNT II — RESIDENTIAL LLC 12. Bell fully reasserts the allegations contained within paragraphs 1-7, as if fully set forth herein. 13. On October 9, 2006, Residential LLC withdrew its authority to transact business or conduct affairs within the State of Florida. (Please see a copy of the Application by Foreign Corporation for Withdrawal of Authority to Transact Business or Conduct Affairs in Florida, which is attached hereto and incorporated herein as “Exhibit C”). 14. Residential LLC has no lien, right, title, claim or interest in the Property, and never has had same. 15. Bell seeks a declaration that the title to the Property is vested in them alone, and Page 3 of 60Residential LLC be declared to have no estate, right, title or mortgage lien interest in the Property, and shall be forever enjoined from asserting any estate, right, title or interest in the Property adverse to Bell. COUNT III — RESIDENTIAL CORP 16. Bell fully reasserts the allegations contained within paragraphs 1-7, as if fully set forth herein. 17. On September 24, 2014, Residential CORP withdrew its authority to transact business or conduct affairs within the State of Florida. (Please see a copy of the Application by Foreign Corporation for Withdrawal of Authority to Transact Business or Conduct Affairs in Florida, which is attached hereto and incorporated herein as “Exhibit D”). 18. Residential CORP has no lien, right, title, claim or interest in the Property, and never has had same. 19. Bell seeks a declaration that the title to the Property is vested in them alone, and Residential CORP be declared to have no estate, right, title or mortgage lien interest in the Property, and shall be forever enjoined from asserting any estate, right, title or interest in the Property adverse to Bell. COUNT IV —US BANK 20. On November 5, 2008, US Bank filed a residential mortgage foreclosure action against Bell, in Flagler County case numbered 18-2008-CA-002727, wherein it sought to reestablish the lost note. 21. On August 30, 2018, US Bank filed its Designation of Registered Agent for U.S. Bank National Association. (Please see a copy of the Application by Foreign Corporation for Withdrawal of Authority to Transact Business or Conduct Affairs in Florida, which is Page 4 of 6022. 23. 24. 25. 26. attached hereto and incorporated herein as “Exhibit E”). On September 8, 2021, in case numbered 18-2008-CA-002727 ~ US Bank v Bell, the Flagler Circuit Court, entered its Final Judgment for Defendant. (Please see a copy of the Final Judgment for Defendant, which is attached hereto and incorporated herein as “Bxhibit F”). US Bank has no lien, right, title, claim or interest in the Property, and never has had same. Bell seeks a declaration that the title to the Property is vested in them alone, and US Bank be declared to have no estate, right, title or mortgage lien interest in the Property, and shall be forever enjoined from asserting any estate, right, title or interest in the Property adverse to Bell. REMOVAL OF MORTGAGE LIEN Bell requests that any and all mortgage liens that may be attached to the Property be released. REQUEST FOR ATTORNEY’S FEES AND COSTS Bell hereby notifies the Defendants of their intent to seek an award of attorney’s fees and costs incurred by them since the original filing date of the instant action. PRAYER FOR RELIEF WHEREFORE, Bell requests that this Honorable Court enter Final Judgment granting them the following relief: A. Taking judicial notice, pursuant to Florida Statute Sections 90.202 and 90.203, of the Final Judgment for Defendant entered in Flagler County Case numbered 18-2008-CA- 002727; Page 5 of 60. Finding that EquiFirst Corporation has no estate, right title or interest in the Property; . Finding that Residential Funding Company LLC has no estate, right title or interest in the Property; . Finding that Residential Funding CORP has no estate, right title or interest in the Property; . Finding that US Bank National Association as Trustee for RAMP 2006ECF2 has no estate, right title or interest in the Property; . Removing any and all liens that maybe attached to the Property by any of the defendants; . Cancelling the mortgage lien(s) upon the Property, if any; . Declaring and determining Bell the rightful holder of the title to the Property; Entering a judgment forever enjoining EquiFirst Corporation, or any entities or persons claiming by, through and under EquiFirst Corporation; Entering a judgment forever enjoining Residential Funding Company LLC, or any entities or persons claiming by, through and under Residential Funding Company LLC, from claiming any estate, right, title, or interest in the Property; . Entering a judgment forever enjoining Residential Funding CORP, or any entities or persons claiming by, through and under Residential Funding CORP, from claiming any estate, right, title, or interest in the Property; . Entering a judgment forever enjoining US Bank National Association as Trustee for RAMP 2006ECF2, or any entities or persons claiming by, through and under US Bank National Association as Trustee for RAMP 2006ECF2, from claiming any estate, right, title, or interest in the Property; . Cancelling the Promissory Note and Mortgage that are the subject matter of the instant action; . Cancelling the mortgage lien against the subject property; . Awarding Bell their reasonable attorney’s fees and costs; . Ordering US Bank National Association as Trustee for RAMP 2006ECF?2 to pay Bell’s reasonable attorney’s fees and costs; and, . Any and all such other relief that this Honorable Court deems just and proper. Page 6 of 60VERIFICATION I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this Verified Complaint to Quiet Title and Can¢el Mortgage Lien and thaf,the punishment for knowingly making a false statement includes fines and/or ijnpris ent, vbw f 4. Dated: 2 7 lO - 2022 Le an € (Signature of Kenneth Bell, St" STATE OF FL: A COUNTY OFZ, nd le mee. “bey and signed before me wee PATRICIA KAREN HERMAN . ea Notary Publ : State af Florida Pring, ivpe, siti gn one ei or deputy clére irony known Produced identification Type of identification produced VERIFICATION I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this Verified Complaint to Quiet Title and Cancel Mortgage Lien and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: 2 -— tO -2027 Gh. » Beh . Signature of Alena Bell STATE OF FL@RIDA COUNTY Pye to or py i signed before me on this it ry L Print, type, or sta or deputy clerk. Vv. Personally known Produced identification Type of identification produced of February, 2022 by PATRICIA KAREN HERMAN ci Notary Public State of Florida f pfiseron Ghats of ra Bonded thraugh National Notary Assi. Page 7 of 8 Page 7 of 60CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Verified Complaint to Quiet Title and Cancel Mortgage Lien will be furnished via process server on this 14th day of February, 2022 to: EquiFirst Corporation, c/o CT Corporation System, 1200 South Pine Island, Road, Plantation, Vlorida 33324; Residential Funding Company LLC, c/o CT Corporation System, 1200 South Pine Island, Road, Plantation, Florida 33324; Residential Funding Corporation, c/o CT Corporation System, 1200 South Pine Island, Road, Plantation, Florida 33324; and, US Bank National Association, c/o Cl Corporation System, 1200 South Pine Island, Road, Plantation, Florida 33324, /s/ Patricia K. Herman PATRICIA K. HERMAN, ESQUIRE Florida Bar No: 0113018 J.aw Office of Patricia K. [ferman, P.A. 1631 Rock Springs Road, #305 Apopka, Florida 32712-2229 407/731-5823 L-mail: Jopkhpa@gmail.com Attorney for Plaintiffs Page 8 of 8 Page 8 of 60Exhibit ADJUSTABLE RATE N ore® (LIBOR Index - Rate Caps) ‘MIN 1002001001040483 13 THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM AND MINIMUM RATE I MUST PAY. August 25, 2006 Palm Coast FL (Date) (City) (State) 8 Barkley Lane, Palm Coast, FL 32137 (Property Address) 1. BORROWER'S PROMISE TO PAY In retum for a loan that I have received, | promise to pay U.S. $ 220,000.00 (this amount is called principal"), plus interest, to the order of the Lender. The Lender is EquiFirst Corporation . I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest ata yearly rate of 8.650%. The interest rate I will pay may change in accordance with Section 4 of the Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS: (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the Ist day of each month beginning on October 1, 2006 I will make these payments every month until have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before principal. If on September 1, 2036, I shll owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at EquiFirst Corporation , 500 Forest Point Circle , Charlotte, NC 28273 of at adifferent place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1,637.96 - This amount may change. With a final payment due of $ 153,897.89 due on September 1, 2036. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that | must pay” The Note Holder will determine my new interest rte and the changed amount of my monthly payment in accordance with Section 4 of this Note. Multistate Adjustable Rate Note-Libor Index EF815N (2/00) (Florida Version) / Loan Number 1040483 Page 1 of 4 Initial Page 10 of 604. INTEREST RATE AND Ras PAYMENT CHANGES e (A) Change Dates The interest rate I will pay may change on September 1, 2008, and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index". If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (©) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding 6.150 percentage points ( 6.150 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.650% or less than 8.650%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1.000%) from the rate of interest I have been paying for the preceding six months. My {interest rte will never be greater than 14.650% or less than the inital interest rate provided for in Section 2 ofthis lote. (E) Effective Date of Change My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone numberof person who will answer any question I may have regarding the notice. 5. BORROWER RIGHT TO PREPAY (A)Prepayment —_[ have the right to make payments at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing I am doing so. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. (B) Prepayment Penalty In the event, during the first 2 years after the execution of this Note, I make a prepayment and the prepayment exceeds twenty percent (20%) of the original principal amount of the loan in any twelve (12) month period, I will pay a prepayment charge in an amount equal to six (6) months' advance interest on the amount prepaid which is in excess of twenty percent (20%) of the original principal amount of the loan within the twelve (12) month period. The Note Holder will not assess a prepayment penalty after the 2nd anniversary of the date of execution of this Note. EF8ISN Loan Number 1040483 Page 2 of 4 Initials! Page 11 of 606. LOAN CHARGES e Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me, Ifa refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date itis due, will pay alate charge tothe Note Holder. The amount ofthe charge will be 5.00 % of my overdue payment of principal and interest. I will pay this late charge but only once on each late payment. (B) Default IfI do not pay the full amount of each monthly payment on the date it is due, I will be in default. (©) Notice of Default If | am in default, the Note holder may send me a written notice telling me that if [ do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if Iam in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different iress if I give the Note Holder a notice of my different address. ‘Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am’ given a notice of that different address. 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this ote. 10, WAIVERS, I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor, "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. EF81SN Loan Number: 1040483 Page 3 of 4 Initials Page 12 of 6011. UNIFORM SECURED ® This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be wired to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred), without Lender's prior written consent, Lender may, at its option, require immediate payment in full of ali sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if anew loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If. Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12, DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the Mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED tt LL, (Seal) Gea Kenneth Bell, Sr -Borrower Borrower (Seal) (Seal) “Borrower Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower EF81SFL . Loan Number 1040483 Page 4 of 4 Initials Page 13 of 60This @..., Payment Addendum to BALLOON PAYMENT ADDENDUM is made this 25th day of August, 2006 and amends the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") dated the same date and given by the person(s) who sign below (the "Borrower(s) to EquiFirst Corporation (the "Lender") to secure repayment of a Note in the amount of U.S. $ 220,000.00. In addition to the agreements and provisions made in the Note and the Security Instrument, both the Borrower(s) and the Lender further agree as follows: 1) 2) 3) AT LEAST NINETY (90), BUT NOT MORE THAN ONE HUNDRED TWENTY (120) DAYS PRIOR TO THE MATURITY DATE, THE LENDER MUST SEND THE BORROWER(S) A NOTICE WHICH STATES THE MATURITY DATE AND THE AMOUNT OF THE "BALLOON PAYMENT" WHICH WILL BE DUE ON THE MATURITY DATE (ASSUMING ALL SCHEDULED PAYMENTS DUE BETWEEN THE DATE THIS LOAN IS PAYABLE IN FULL AT THE MATURITY DATE. THE "MATURITY DATE" IS September 1, 2036. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE, THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME, YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. CALCULATION OF MONTHLY PAYMENT AT CHANGE DATE THE SECOND PARAGRAPH OF SECTION 4(C) OF THE NOTE IS HEREBY AMENDED BY DELETING IT IN ITS ENTIRETY AND REPLACING IT WITH THE FOLLOWING: "THE NOTE HOLDER WILL THEN DETERMINE THE AMOUNT OF THE MONTHLY PAYMENT THAT WOULD BE SUFFICIENT TO REPAY THE UNPAID PRINCIPAL BALANCE THAT I AM EXPECTED TO OWE AT THE CHANGE DATE IN FULL OVER THE REMAINING AMORTIZATION PERIOD OF MY LOAN AT MY NEW INTEREST RATE IN SUBSTANTIALLY EQUAL PAYMENTS, THE RESULT OF THIS CALCULATION WILL BE THE NEW AMOUNT OF MONTHLY PAYMENT. I UNDERSTAND THAT THE AMORTIZATION PERIOD OF MY LOAN IS 40 YEARS FROM THE DATE MY FIRST PAYMENT IS DUE AND THAT I WILL HAVE A FINAL BALLOON PAYMENT DUE ON THE MATURITY DATE." OF THE NOTICE AND THE MATURITY DATE ARE MADE ON TIME). Kenneth Beli, § 1040483 EFO34 (03/06) Page 14 of 60ADJUSTABLE RATE INTEREST RATE FLOOR & PREPAYMENT PENALTY Addendum to Note This ADJUSTABLE INTEREST RATE FLOOR & PREPAYMENT PENALTY ADDENDUM is made this 25th day of August, 2006, and amends the Note in the amount of U.S. $ 220,000.00 dated the same date and given by the person(s) who signs below (the "Borrower(s)") to EquiFirst Corporation (the "Lender’). In addition to the agreements and provisions made in the Note and the Security Instrument, and notwithstanding any provisions ic the contrary contained in said Note or the Security Instrument, both the Borrower(s) and the Lender further agree as follows: ADJUSTABLE INTEREST RATE FLOOR This loan has an Interest Rate "Floor" which will limit the amount the Interest Rate can decrease. Regardless of any changes in the index, the Interest Rate during the term of this loan will never be less than the initial Interest Rate provided for in Section 2 of the Note. PREPAYMENT PENALTY In the event, during the first 2 years after the execution of this Note, I make a prepayment and the prepayment exceeds twenty percent (20%) of the original principal amount of the loan in any twelve (12) month period, I will pay a prepayment charge in an amount equal to six (6) months' advance interest on the amount prepaid which is in excess of twenty percent (20%) of the original principal amount of the loan within the twelve (12) month period. The Note Holder will not assess a prepayment penalty after the 2nd anniversary of the date of execution of this jote. Wi ih, Kenneth Bat, eT 1040483 BFOST (12/99) Page 15 of 60» e Note Endorsements Borrower(s): Kenneth Bell, Sr Property Address: 8 Barkley Lane, Palm Coast, FL 32137 Without Recourse, Pay to the Order of: EquiFirst Cory a - By: oo Richard Tarlton Assistant Vice President 1040483 Page J of | EF5Snendr (12/05) Page 16 of 60SIGNATURE/NAME AFFIDAVIT DATE: August_25, 2006 LOAN #: = BORROWER: Kenneth Bell, Sr THIS IS TO CERTIFY THAT MY LEGAL SIGNATURE IS AS WRITTEN AND TYPED BELOW. (This signature must exactly match signatures on the Note and Mortgage or Deed of Wh Kenneth Bell, Sr uy (Print or Type Name} ‘Signature / 7 (If applicable, complete the following.) | AM ALSO KNOWN AS: Kenneth Bell Sr (Print or Type Name} (Print or Type Name} Signature (Print or Type Name} Signature (Print or Type Name} Signature and that Kenneth Bell Sr are one and the same person. State/Commonwealth of Florida County/Parish of "Who Bt On this Ad day of August, 2006 , before me, the undersigned notary, personally appeared Kenneth Bell, Sr. proved to me through identification documents allowed by law, which were to be the person(s) who signed the preceding document in my presence and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his/her/their knowledge and belipf. Notary Public State/Commonwealth of Mey anit My \\ Ot Mea My, ‘ Acting in the County/Parish of Se Aw ann’ 104 My Commission Expires: My 1040483 Bw (0408) 0K, my i jane, Ins, (800)521-7291 5104 % “Gy ip age BEN oon Page 17 of 60~ en Oe sso oy OS @: “Return To: ° ‘EquiFirst Corporation Attn: Collateral M 500 Forest Point Circle Charlotte, NC 28273 This document was prepared by: Wendy White 500 Forest Point Circle, Charlotte, NC 28273 [Space Alove This Line For Recording Data] —_—__——— MORTGAGE MIN 100200100104048313 / DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is datedAugust 25, 2006 . together with all Riders to this document. (B) "Borrower" is Kenneth Bell Sr and Alena Bell, husband and wife Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is EquiFirst Corporation 1040483 FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS. Form 3010 1/01 -BALFL) (0051.07 fF @, Ps Page 1 of 16 Initiale: VMP MORTGAGE FORMS - (800/521-7291 Page 18 of 60 Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 08/25/2021 10:58 AMLender isa Corporation organized and existing under the laws of North Carolina Lender's address is 500 Forest Point Circle. Charlotte, NC 28273 (E) "Note" means the promissory note signed by Borrower and dated August 25, 2006 The Note states that Borrower owes Lender two hundred twenty thousand and 00/100 Dollars (U.S. $220,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2036 (F) "Property" means the property that is described below under the heading “Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (HD) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: {3C] Adjustable Rate Rider [__] Condominium Rider [_] Second Home Rider Balloon Rider (J Planned Unit Development Rider [__] 1-4 Family Rider [_] VA Rider (_] Biweekly Payment Rider CJ Other(s) [specify] ARM Floor/ Prepay Rider (D "Applicable Law" means all controling applicable federal, state and local statutes, regulations, ordinances and adi istrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judi | opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is noi limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan, (®) "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. 1040483 soak /}- Doar toees).er Page 2 of 16 Form 3010 1/01 > Page 19 of 60(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a “federally related mortgage joan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the 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 MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the Count y [Type of Recording Jurisdiction] of Flagler [Name of Recording Jurisdiction]: See Attached Exhibit A Parcel ID Number: 07-11-31-7035-00180-0120 which currently has the address of 8 Barkley Lane {sereet] Palm Coast [City], Florida 32137 {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 shail also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS us nominee for Lender and Lender‘s successors and assigns) has the right: to exercise any or ali of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. ye 1040483 f? kK nit ED, BAIFLI (0005101 Poye 3 ef 18 Form 3010 1/01 Page 20 of 60BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. 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 to each Periodic Payment in the order in which it became due. Any remaining amounts first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments and to the extent that, each payment 1040483 JAA ED, SAIFLI (0005).01 Page 4 of 16 Form 3010 1/01 Page 21 of 60a can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment Charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for ali purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 1040483 A BK Iniviats: EZD-GAIFL) 10005).01 Page 5 of 16 Form 3010 1/01 Page 22 of 60shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Bues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Preperty is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice 2 the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tra