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i FREMONT INVESTMENT & LOAN,
Plaintiflf,
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR ORANGE
COUNTY, FLORIDA
CASENO.
vs.
DANNY HOWES; MEAGHAN HOWES; ANY AND
ALL UNKNOWN PARTIES CLAIMING BY, tn -—
CD —
CO -r^
THROUGH, UNDER, AND AGAINST THE HEREIN r-.^^.i— ZS. r-
NAMED INDFVIDUAL DEFENDANT(S) WHO ARE "J»
= - , Z-O ' - < ^-',
V".
',:. z>z
o -~- -;:. C3
NOT KNOWN TO BE DEAD OR ALIVE, WHETIIER z:z:.c^--- —- ''z: —
INTEREST AS SPOUSES, HEIRS, DEVISEES, ocr.i:j J ^ -•-- • ? t
GRANTEES, OR OTHER CLAIMANTS; cz^^ ""'_ ' ""C_—
- ^ ;
MORTGAGE ELECTRONIC REGISTRATION l^oS,
, -o - r-J
SYSTEMS, INC.; BENEFICIAL FLORIDA, INC.; CO
—i
UNKNOWN TENANT#1 IN POSSESSION OF THE
SUBJECT PROPERTY; UNKNOWN TENANT#2 IN
POSSESSION OF THE SUBJECT PROPERTY;
Defendants. Docketed By:
I K. SNOW
COMPLAINT IN MORTGAGE FORECLOSURE
PlaintifF, FREMONT INVESTMENT & LOAN (hereafter "PlaintifP') by and through undersigned
counsel, hereby sues Defendants, DANNY HOWES; MEAGHAN HOWES; ANY AND ALL
UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN
NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALFVE,
WIIETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS,
DEVISEES, GRANTEES, OR OTHER CLAIMANTS; MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; BENEFICIAL FLORIDA, INC.; UNKNOWN TENANT#1 IN POSSESSION OF
THE SUBJECT PROPERTY; UNKNOWN TENANT#2 IN POSSESSION OF THE SUBJECT
PROPERTY; and alleges:
COUNT I - RE-ESTABLISH LOST NOTE
I. This is an action to re-establish a promissory note under Section 673.3091 ofthe Florida Statutes.
FI9113-08
2. On June 1, 2006, in ORANGE County, Florida, DANNY HOWES, executed and delivered to
FREMONT INVESTMENT & LOAN, a promissory note in the principal amount of $292.400.00.
Attached hereto is a substantial copy ofthe note.
3. The original promissory note was lost or destroyed subsequent to PlaintifiPs acquisition thereof.
The exact time and manner of said loss or destruction being unknown to Plaintiff. Piaintifif was in
possession ofthe promissory note and entitled to enforce it when loss of possession occurred. The loss of
possession was not the result of a transfer by Plaintiflf or a lawlul seizure. Said note is not in the custody
or control ofPlaintiff.
4. Plaintiflf cannot reasonably obtain possession ofthe promissory note because its whereabouts
cannot be detennined.
5. The Defendants named in this complaint are the only persons known to PlaintiflF who are interested
for or against the reestablishment ofthe subject note.
6. WHEREFORE, PlaintiflF demands that this court reestablish the attached exhibit.
COUNT n - FORECLOSURE OF MORTGAGE
7. This is an action to foreclose a mortgage on real property located in ORANGE County, Florida.
8. All condition precedent to the filing ofthis matter have been completed and/or waived.
9. On June 1, 2006, Defendants, DANNY HOWES, executed and delivered a promissory note and
DANNY HOWES and MEAGHAN HOWES executed and delivered a mortgage securing payment of
same to FREMONT INVESTMENT & LOAN. The mortgage was recorded on June 14, 2006 in Book
8700, Page 4621 ofthe Official Public Records ofORANGE County, Florida, and mortgaged the
property described therein owned by and in possession ofthe mortgagor. An Assignment ofMortgage to
Plaintiflf transferringinterest of public record has been recorded or is in the process ofbeing recorded.
Attached hereto is a copy ofthe recorded mortgage.
10. Plaintiflf owns and holds the note and the mortgage.
11. The property is now owned by Defendants DANNY HOWES and MEAGHAN HOWES who
hold possession.
FI9113-08
12. There has been a default under the note and mortgage held by PlaintiflF in that the payment due,
December 1, 2007, and all subsequent payments have not been made.
13. PlaintiflF declares the fullamount payable under the note and mortgage to be now due.
14. There is now due and owing to Plaintiff herein $290,053.95 on principal ofsaid note and
mortgage, plus interest from November 1, 2007, and title search expense for ascertaining necessary
parties to this action, all costs ofthis action, including any expenses incurred for locating parties and
serving process, and any other advances that are proper under the note and mortgage being foreclosed
herein including, but not limited to, taxes, insurance, mortgage insurance, late charges, property
inspections, property preservation and maintenance. Said indebtedness has been accelerated pursuant to
the terms ofthe subject note and mortgage.
15. Defendant, ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER,
AND AGAFNST THE HEREIN NAMED INDFVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN
TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST
AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; may claim an interest in
the subject property by virtue ofany possible interest, but the interest, ifany, is subject and inferior to the
lien of Plaintiffs mortgage.
16. Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for
FREMONT INVESTMENT & LOAN, may claim an interest in the subject property by virtue of a
mortgage recorded January 25, 2007, in ORANGE County Official Public Records Book 9080, Page
1944. Said interest, ifany, is subject and inferior to the lien of Plaintiff's mortgage.
17. Defendant, BENEFICIAL FLORIDA, INC., may claim an interest in the subject property by virtue
ofa mortgage recorded April 5, 2007 in ORANGE County OfTicial Public Records Book 9198, Page
3891. Said interest, ifany, is subject and inferior to the lien of PlaintiflTs mortgage.
18. Defendant, UNKNOWN TENANTS I IN POSSESSION OF THE SUBJECT PROPERTY, may
claim an interest in the subject property by virtue ofbeing in actual possession of same, but the interest, if
any, is subject and inferior to the lien of PlaintiflPs mortgage.
20. Defendant, UNKNOWN TENANT#2 IN POSSESSION OF THE SUBJECT PROPERTY, may
claim an interest in the subject property by virtue of being in actual possession of same, but the interest, if
any, is subject and inferior to the lien of PlaintifPs mortgage.
21. Plaintiflf is obligated to pay its attomeys a reasonable fee for their services and is entitled to recover
its attomey's fees pursuant to Florida Statute and the promissory note.
FI9113-08
WHEREFORE, Plaintiff prays as follows:
(a) That this Court will take jurisdiction ofthis cause, ofthe subject matter and the parties
hereto.
(b) That this Court ascertains and determines the sums of money due and payable to the
Plaintiflf from the Defendants.
(c) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien
upon the lands described in PlaintiflPs mortgage.
(d) That such lien be foreclosed in accordance with the rules and established practice ofthis
Court, and upon Failure ofthe Defendants to pay the amount ofmoney found to be due by them to the
Plaintiflf, that said land be sold to satisly said lien.
(e) That this Court decree that the lien ofthe PlaintifF is superior to any and all right, title
and interest ofthe Defendants herein or any person or parties claiming by, through or under them since
the institution ofthis suit.
(f) That all right, title or interest ofthe Defendants or any person claiming by, through or
under them be forever barred and foreclosed.
(g) That the Court retain jurisdiction ofthis cause to grant further relief as the Court deems
just and proper including, but not limited to, deficiency judgment(s) ifthe proceeds ofthe sale are
insuflficientto pay PlaintiflPs claim.
TfflS COMMUNICATION, FROM A DEBT COLLECTOR, IS AN ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE
TO ALL DEFENDANTS: PLEASE READ THE NEXT PAGE CONTAINING IMPORTANT
INFORMATION IF YOU WANT TO DISPUTE THE VALTOITY OF THE DEBT
PLAINTIFF IS ATTEMPTING TO COLLECT IN TfflS LAWSUIT.
Dated: May 13,2008
VAN NESS LAW FIRM, P.A.
1239 E Newport Center Drive
Suite 110
Deerfield Beach FL 334^
Phone(954)571-
Fax (954)5;
By
D J.A
Florida Bar #^5X832
[Z^IarkC. Elia, Esq.
'Tlorida Bar # 695734
FI9113-08
This Notice is Required by the Fair Debts Collection Practices Act (the "Act") 15 U.S.C. §§1601
et seq., as amended.
1. The PlaintiflF as named in the attached summons and complaint is the creditor to
whom the debt is owed or is the servicing agent for the creditor to whom the debt is owed.
2. The debtor may dispute the validity of this debt, or any portion thereof, within thirty (30)
days of receipt ofthe Notice. Ifthe debtor fails to dispute the debt within thirty (30 days,
the debt will be assumed valid by the creditor.
3. Ifthe debtor notifies the creditor's law firm in writing within thirty day (30) days from receipt of
this notice that the debt, or any portion thereof, is disputed, the creditor's law firm will obtain
verification ofthe debt, or a copy of a judgment and a copy ofthe verification will be mailed to
the debtor by the creditor's law firm.
4. The name ofthe original creditor is set forth in the mortgage and note attached hereto, if
the creditor named as PlaintifF in the attached summons and complaint is not the original
creditor, and ifthe debtor makes a written request to the creditor's law firm within (30) days
from the receipt ofthis notice, the address ofthe original creditor will be mailed to the debtor by
the creditor's law firm.
5. As ofthe date affixed to the Complaint filed herein, the amount ofthe debt is stated in the
attached Complaint attached hereto. Because of interest, late charges, and other charges that
may vary from day to day, the amount due on the day you may pay may be greater. Hence, ifyou
pay the amount shown above, an adjustment may be necessary after we receive your check, in
which event we will inform you before depositing the check for collection. For further
information, please contact the law firm listed below.
6. Written request required by this Act should be addressed to;
VAN NESS LAW FIRM, P.A.
1239 E Newport Center Drive
Suite 110
Deerfield Beach FL 33442
7. The law does not require me (the debt collector) to wait until the end ofthe thirty (30) day
period before suing you (the consumer) to collect this debt. If, however, you request proof of the
debt or the name and address ofthe original creditor within the thirty (30) period which begins
with your receipt ofthis notice, the law requires me to suspend my efiForts (through litigation or
otherwise) to collect the debt until I mail the requested information to you.
This communication is for the purpose of collecting a debt, and any information obtained from the
debtor will be used for that purpose.
F19113-08
,PVINH-06/12/2006
NOTE
Juna 1, 2006 BREA. GA 928Z1
ID'tn] [Cityl ISUI.I
910 N. THISTLE LANE HAITLAND, FL 32751
IPrapaly Addrcii I
1.BOBROWER'S PROMISE TO PAY
(o retuin for a loan dial I have received, I pramise 10 pay U.S. S
292,400.00 (this amouni is caOcd'Priieipal").
plus intaest, lo the o i d s of Ihc Lender. The Lender is
FRENONT INVESTMENT t LOAN
I will make afl poymenis under this Note in Ihc fonn of casb, check or ntoney ordci.
I unduaand that the Lender may ninsfer ibis Note. Tlie Lender or anyooe who lakes this Note by transfer and who Ls cntiUed
to receive paynuala under this Nole is called the 'Nols Holder.'
2.INTEREST
Imefcsi will be chaiged OQ unpaid piincipai until the full amounl ofPrincipal has been paid. I will pay interest ai a yearly rate
of 9.7000 %.
The intercsi rate leijuircd by Ihis Sectim 2 is Ihc nue 1 will pay bath before and afier any default desciibed in Seciion 6(B) of
this Note.
3. FAYMENTS
(A) Time and Fbce of Payments
I will pay principal and muresi by naking a payinem every monih.
I will n i ^ e my monihly payment on the
flrtt day irf'each month beginning on
August 1, 2006 .1 wOl
make Ihcse payinents evcty inonth until 1 have paid all of the princqul and inleres and any other charges described bdow thai I
may owe under this Note. Each monthly paymem will be applied as of its scheduled due date and wit] be applied u> interesi befote
Principal. If, 00
July 1, 203S . I still owe amounts imder tfais Noie, I will pay those amounts in full oe
tha: dale, which is called the'Maturily Date.'
I w i U make my mondily payinents at 2 7 2 7
E IHPEfllALHIGHVAY. BDEA CA 92821
or al a difTercnt place if required by Ihe Note Holder.
(B) Amoirat of Montfaly Payments
My monthly paymeni will bc in the amoant of U.S. S 2 , 5 0 1 , 4 4
4.BORROWER'S RIGHT TO PREPAY
1 have the right to make payments of Principal at any tinsc before they are due. A payment of Principal only is known as a
"Prepayment.'When 1 make a PiEpayment, I wili lell Ihe Noce HoUer in writing thai I o n doing so. I may not designate a paymsnt
as a Prepayment if I have not nade all Ihc monthly paymems due under the Note.
I may make a full {Yepaymcnt or partial Prepaymems wiihoui paying a Prepaymenl chaige. Tbe NoK Holder wiB use my
Prepayments to reduce the amomit of Principal that 1 owe under this Note. Hovivvcr, the Note Hokler may apply my Prepayment to
the accrued and unpaid inteiest on Ihe Prepayment amoiml, befote applying my Picpayment to reduce Ihe Mncipal amount of Ihc
Note. If 1 make a panial Piqayment, there will be no changes in the due dole or in die amotmt of my monihly payment unless the
Note Holder agrees in writing to those cbanges.
MULTISTATE HXEO RATE NOTE-Singls Famity-Fannia Mae/Fraddia Hao UNIFORM INSTRUMENT
( Q l i - S N (im9|.oi
F o m 320D 1/01
^ ^ '
VHP momcAce FORKS . ossis;! .Tn/
Pt09lO!3 iRitlttllL
PVINH-06/12/2006
S. LOAN CHARUES
If a law, which applies la this toan and which sets maximum loan chaiges, is fmally inieipiOBd so thai the inicien or other
loon charges collected iir lo be coUecud in conncclioa widi this ban exceed ihe peimilted limits, Ihen: (a) any such loan charge
shall be reduced by Ihc antount necessary to reduce the charge to the permined limic and (b) any sums already collected fiom me
which ciceeded
penniued limiis will be refunded
to me. 'fhc Nole HoUcr may choose to make ibis refund
by reducing the
Principal I owe under diis Note or by making a direct paymem u> me. If a refund reduces Prindpai. die reduction will bc treated as
a panial PrepaymenL
«. BORROWER'S FAILURE TO PAY AS RIvQUIRED
(A) Late Charge for Overdue Paymeots
ir the NoK Holder has not received die fall amouni of any mondily paymeiu by die end of
15 calendar days
aftci the dale it is dui^ i win pay a latc charge to die Note Holder. The aniount of die charge will be S . 0
% of
my ovenlue payment of principal and interesL 1 will pay Ihis late chaige prompdy bul only once on each laie payment.
(B) Oefault
ir 1 do not pay ihc full amount of cach mondily payment on die dats it is due, I will bc in defaulL
pay immediatety in full as described
above,
Uic Note Hokler will ttill havc the right to do so if I am in defauh ai a later lime.
(E) Paymmt ofNote Holder's Costs aod Expenses
If tbe Note Holder has required me to pay imnicdiaiBly in full as described above, the Note Hotder will havc die right to
bc
inid back by me for all uf its costs and eipenses in enforcing Uiis Nots to die exieni not piohibited by a^licaUc law. Those
expenses inchide, for exampte, reasonable auomeys' fees.
7. GIVINR O F NOTICES
Unless applicable law requires a differem method, any aolice that must be given to mc under this Note will he given by
delivering il Or by inailing il by first class mail to mc at die Propeity Address above or ai a differem addrcss if I give die Note
Holder a noiice of my diflerent address.
Any noiicc dot must be given B> die Note Holder under diis Note will be given by dehvering it or by mailing it by Hrst class
mail m llie Nate Holder at die addiess slated in Section 3(A) above or ai a differeni address if 1 am given a nolice of dut different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more dan one person signs this Note, each person is fully and penonnlly obligiiied to keep all of the promises made in
diis
Note, inchiding the piomise to pay die full amount owtd. Any person who is a guanmlor, surety or endorser of diis Note is also
obhgaled to do diese diings. Any person who takes over ilKse obligations, including die obligalioas of a guaramor, surety or
endoiser of diis Noie, is abo obligated to keep all of the piomises nsKle ia dits Note. The Note Holder may enforoe its righis under
diis Note aganst e x h peison indivfalBally or against all of ns together. This means dial any one of us may be required to pay all of
die amooius owed onder this Note
9. WAIVERS
I and any oUicr person who has obligations under diis Note waive die righis of Piesentment and Nocice of
Dishonor.
'Presenlmenl" means du; right to require Ibt Note Holder to demand payment of amounts duc. 'Notice of Dishonor' means the
right to require die Noce Holder lo give notke lo other persons ihat amoants due have not been paid.
Form
I f f ^ . S H lOoaai.fll Pa4»lol3 inftuli
PVINH-06/12/2006
10. UNIFORM SFfURED NOTE
This Note is a uniform instrument widi limited variations in some jurisdictigns. In addition u> the proteaions given to die
Note HoUer under diis Note, a Mongage, Deed of Trust, or Securiiy Deed (die 'Security Instrument'), dated Ihe same date a's diis
Note, protects die Note Holdo from postiblc losses which might result if I do not keep the piomise.s which I make in diis
Note.
That Security Instrameni describes bow and umlcr what conditions 1 mny bc required to make immediate payment in full of ali
amounts I owe under diis Note. Some of OMKC condiiions are describod as follows:
•fall or any pan of the Propeny or any Interest in die Property is soU or uansfeired (or if Borrower is not a
naluial pcison and a beneficial interest in Bonower is sold or tiansferred) without Lender's prior wrinen consent,
Lender may require immediaie payment in full of all sums secured by this Securiiy Instrument However, diis
optian shall not bc exereised by Lender if such exercise s
prohibiled by Applicfibic Law.
if Lender exercises diis oplion. Lender shall give Borrower nodce of aixclennion. Tbe nodce shall provide
a peiiod of not less dian 30 days from the date the noiice is given in accoidance widi SecUon 13 widiin which
Bomywer mua pay all sums secured by this Security Instrument If BoRowcr faib to pay diesc sums prior lo Uie
expiration of diis period, Lemler may bivoke any remedies pemducd by diis Securiiy InstnimeiU widnut fuither
notice or demand on Borrower.
WTTNESS THE HAND(S) AND SEAL(S)OFTHE UNDERSIGNED.
(Seal) (Seal)
.(Seal) (Seal)
-Boixower
.(Seal) (Seal)
.BofTowcr
_(Seal) (Seal)
.Bonvwer -Bomwei
/5i;ii Originat Onlyl
^ ^ -SN (OODStOl P iga 1 SI I Foim 32001/»1
PVINH-06/12/2006
Pay to the order of
Fremontiflye^tnnent St Loan
/pdOg Pollock
Assistant Vice Presideni
lllll
., ^ Zl
Ratura Toi INSJfli, £0068394920 \X,
FRENONT INVESTMENT & LOAN OR W 08700 PG Afeai'YGS^l?
P.O. BOX 34078 HflRTHA 0. HflyNlE, COnPTROLLER
FULLERTON, CA 92834-34078 ORftNGE COUNTY, FL
V- 06/14/2806.^02:39:45 PM
1 MTG DOC TftX\1,023.40
INTflNG TAX 384.80
This document was prepared by: REC FEE 146.00
BARBARA LICON
o
5000218368
-[Space Above This Line For Recording D a t t ) -
MORTGAGE
MIN t001944-500021S368-0
DEFINITIONS
Words used in multiple seaions of this document arc defined
below and other words are defined
in Sections
3,11,13,18, 20 and 21. Cienain mles regarding die usage of words used in this document are also provided
in Section 16.
(A) "SKurity Instrument'means this document, which is dated June 1, 2006
together with all ]\i^l^ to (his documenL
(B) "Borrower" k OANNY HONES AND MEAGHAN HONES, HUSBAND AND WIFE V .
Bdirro'wer ikthe mortgagor under this Security Instrument.
(Crplicable final,
non-^ipcalable judicial opi^iions.
(J) "Community Association Dues, Fees, and Asses.sments" means all dues, fees, assessments and odier
charges that are imposed! on Borrower or ihc Property by a condominium association,homeowners
association or similar organization.
(K) "Electronic Funds TransTer" means any transfer of funds, other dian a transaction originated by check,
draft,or similar papo^ instrumenL which
is initiated
dirough an electronic
terminal, telephonic
instrumenL
compulcr, or magnetic tap^ so as to order, instrucL or authorize a financial institudon
to debit or credit an
accounL Such tenn includes,but isnot limitedto, point-of-!>alc
tran.sfers,
automated teller
machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" mcani diose items that are described in Seclion 3.
(M) "Miscellaneous Proceieds" means any compensation, setdemenL award of damages, or proceeds paid by
any diird party(otherthan insurance proceedspaid under the coverages describedin Secuon 5)for: (i)
damage lo, or destruction of, die Property; (ii) condemnation or odier taking of aU or any pan of die Property;
(iii) conveyance in lieu of condemnation; or (iv) mLsrcpre-sentalions of, or omissions as to, die value and/or
condition of die Propaty.
:
(N) "Mortgage Insurance!' means insurance protecting Lender against die nonpayment of, or default on, the
Loan.
(O) "Periodic Payment" ijneans die regularly scheduled amounl due for (i) principal and iniercsi under die
Note, plus (ii) any amounts iundw Secrion 3 of diis Security ln.strumenL
lni.1.1.^^/
<^B»-8A(FL) (O005).ot p»8e2o(i6 '"/^^^n FormSOlO 1/01
Book8700/Page4e22 CFN#20060394920 Page 2 of 17
V
(P) "RESPA" means die^Real Esiaie Setdement Procedures Act (12 U.S.C. Secdon 2601et seq.) and its
implementing regulation. Regulation X (24 CF.R. Pan 3500), as diey might be amended from dme to lime,
or any addidonal or successor legislation or regulation diat governs die same subject maiier. As used in ttiis
SecurityInstrumoiL "RESPA" refersDO all requirements and
restrictions
dial are imposedin regardto a
"federally
relatedmongage loan" even if the Loan does not qualify
as a "federally
related mortgage loan"
under RESPA.
(Q) "Successor in Intere^ of Borrower" means any party diat has taken tide tt) die Property, whether or not
diat party has assumed Boaower's obligations undn die Nole and/or this Security InstnimenL
TOANSFER OF RIGHTS jlN THE PROPERTY
This Security Instrument ^ecures to Lender: (i) die repayment of die Loan, and all renewals, extensions and
modificarionsof die Notd;and (ii)
the perfonnance of Borrower's covenants and agreements under diis
Security Instrument and die Nott. For diis purpose, Bonower docs hereby
mongage, grant and convey to
MERS (solely as nominee jfor Lender and Lender's successors and assigns) and to the successors and assigns
of MERS, die foUowing d e f b e d
property located in die
County [Type of Recording Jurisdictionl
of ORANGE [Name of Recording Jurisdiciion);
SEE ATTACHED LEGA^ DSECRIPTION AND MAOE A PART THEREOF
l4cel ID Number: 302129357803190 which cunendy has die address of
/9IO M. THISTLE LN [Street)
' MAITLAND [City),Rorida 32751 fZipCode]
("Property Address"):
TOGETHER WITH a]) die improvements now or hereafter erected on die propeny, and all easeraents,
appurtenances, and fixtures now or hereafto' a pan of die propeny. All replacements and addidons shall also
be covered by diis Security iln-strumoiL All of die foregoine is refened
to in diis Security Instrument as die
"Property." BorrowCT undajstandsand agrees diat MERS holds only legal tide to die intoests granted by
Bonower in this Security Inktniment, buL if necessary to comply widi taw or custom, MERS (as nominee for
Lender and Lender's successors and assigns) has die right: to exercise any or all of ttiose interests, including,
but not limited
to, the righli to foreclose
and sell the Piopeny; and to take any
acrion required
of Lender
including, but not limited to,:releasing and canceling diis Security Insuument
•eA(FL) (OOOSj.oi Pag> 3 ot 16 Form 3010 1/01
Book8700/Page46?3 CFN#20060394920 Page 3 of 17
BORROWER COVpNANTS tfiat Bonower is lawfully seised of ttie estate hereby conveyed and has
die rightto mortgage, gtani and convey die Propertyand dial the Propertyis unencumbered, exceptfor
encumbrances of record.{Borrowerwarrants and will defend generally
die dde to die Property against all
claims and demands, subj^t to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for nationaluse and non-uniform
covenants widi limited variations by jurisdicdon
to consrimte a uniform security instrument covering real
property.
UNIFOR M COVENjANTS. Bonowa and Lender covenant and agree as foUows:
1. Payment of PrincipaL Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall paywhenj due the principal of,
and interest on,
the debt evidencedby die Note and any
prepayment charges and 1 ^ chnrges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Secrion3. Payments due under die Note and ttiis Security
Instrumentshall be made in U.S.
currency. However, if any; check or odicr instrument received by Lender as payment under the Note or diis
SecurityInstrument is returned to L«ider
unpaid. Lender may require dial any or all subsequent payments
due under tfie Note and dils Security Instrument be made in one or more of die following forms, as selected
by Lender (a) cash; (b) nioney order, (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check iis
drawn upon an insriturion
whose depositsare insured by a federalagency,
instrumentality, or oirity; or (d) Electronic Funds Transfer.
Payraents are deemeij received by Lender when received at the location designated
in die Note or at
such odier locarion as may bc designated by Loider in accordance with the norice provisions in Secuon 15.
Lender may return any payinent or panial payment if die paymeni or partial payments are insufficient to bring
the Loan curroiL Lender i ^ y
accept any paymeni or partial paymenl insufficient
to bring the Loan currenL
widiout waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the fumre, but Lender is nott obligated to apply such payments at die rime such payments are accepted. If each
Periodic Payment is appliejd as of
its scheduleddue date, dicn Lenderneed not pay interest on
unapplied
funds. Lender may hold sqch unapplied fundsuntd Bonower makes payment to bring the Loan currenL If
Bonower docs not do so wittiin a reasonable period of rime. Lender shall cidicr apply such funds or retum
diem to Borrower. If not aj^lied earlier, such funds will be applied to die outstanding principal balance under
die Note immediately prior to foreclosure. No offset
or claim which Borrower might have now or in the
futureagainst Lendw shall reheve Borrower from making paymenis due under die Note and ttiis Securiiy
Instrumoit or jxiforming die covenants and agreements secured by ttiis Security InstnimenL
2. Application of Pajments or Proceeds. Except as odierwise described in diis Secrion 2, all payments
accepted and applied by Lehdo shall be applied in die following order of priority: (a) intBiesi due under the
Note; (b) principal duc under die Note; (c) araounts due under Secrion 3. Such payments shall bc applied to
each Periodic Payment in die order in which it became due. Any remaining amounLs shall be applied first to
lale charges, second to any 0iher amounts due under this Security InstrumoiL and Uien in reduce die principal
balance of die Note.
If Lender receivesa payraent from Bonower fora delinquenl Poiodic Payment which includes a
sufficienl amount to pay any late charge due, die paymenl may be appli
Preview
QA ^ <\t^ ^ i FREMONT INVESTMENT & LOAN, Plaintiflf, IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASENO. vs. DANNY HOWES; MEAGHAN HOWES; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, tn -— CD — CO -r^ THROUGH, UNDER, AND AGAINST THE HEREIN r-.^^.i— ZS. r- NAMED INDFVIDUAL DEFENDANT(S) WHO ARE "J» = - , Z-O ' - < ^-', V". ',:. z>z o -~- -;:. C3 NOT KNOWN TO BE DEAD OR ALIVE, WHETIIER z:z:.c^--- —- ''z: — INTEREST AS SPOUSES, HEIRS, DEVISEES, ocr.i:j J ^ -•-- • ? t GRANTEES, OR OTHER CLAIMANTS; cz^^ ""'_ ' ""C_— - ^ ; MORTGAGE ELECTRONIC REGISTRATION l^oS, , -o - r-J SYSTEMS, INC.; BENEFICIAL FLORIDA, INC.; CO —i UNKNOWN TENANT#1 IN POSSESSION OF THE SUBJECT PROPERTY; UNKNOWN TENANT#2 IN POSSESSION OF THE SUBJECT PROPERTY; Defendants. Docketed By: I K. SNOW COMPLAINT IN MORTGAGE FORECLOSURE PlaintifF, FREMONT INVESTMENT & LOAN (hereafter "PlaintifP') by and through undersigned counsel, hereby sues Defendants, DANNY HOWES; MEAGHAN HOWES; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALFVE, WIIETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; BENEFICIAL FLORIDA, INC.; UNKNOWN TENANT#1 IN POSSESSION OF THE SUBJECT PROPERTY; UNKNOWN TENANT#2 IN POSSESSION OF THE SUBJECT PROPERTY; and alleges: COUNT I - RE-ESTABLISH LOST NOTE I. This is an action to re-establish a promissory note under Section 673.3091 ofthe Florida Statutes. FI9113-08 2. On June 1, 2006, in ORANGE County, Florida, DANNY HOWES, executed and delivered to FREMONT INVESTMENT & LOAN, a promissory note in the principal amount of $292.400.00. Attached hereto is a substantial copy ofthe note. 3. The original promissory note was lost or destroyed subsequent to PlaintifiPs acquisition thereof. The exact time and manner of said loss or destruction being unknown to Plaintiff. Piaintifif was in possession ofthe promissory note and entitled to enforce it when loss of possession occurred. The loss of possession was not the result of a transfer by Plaintiflf or a lawlul seizure. Said note is not in the custody or control ofPlaintiff. 4. Plaintiflf cannot reasonably obtain possession ofthe promissory note because its whereabouts cannot be detennined. 5. The Defendants named in this complaint are the only persons known to PlaintiflF who are interested for or against the reestablishment ofthe subject note. 6. WHEREFORE, PlaintiflF demands that this court reestablish the attached exhibit. COUNT n - FORECLOSURE OF MORTGAGE 7. This is an action to foreclose a mortgage on real property located in ORANGE County, Florida. 8. All condition precedent to the filing ofthis matter have been completed and/or waived. 9. On June 1, 2006, Defendants, DANNY HOWES, executed and delivered a promissory note and DANNY HOWES and MEAGHAN HOWES executed and delivered a mortgage securing payment of same to FREMONT INVESTMENT & LOAN. The mortgage was recorded on June 14, 2006 in Book 8700, Page 4621 ofthe Official Public Records ofORANGE County, Florida, and mortgaged the property described therein owned by and in possession ofthe mortgagor. An Assignment ofMortgage to Plaintiflf transferringinterest of public record has been recorded or is in the process ofbeing recorded. Attached hereto is a copy ofthe recorded mortgage. 10. Plaintiflf owns and holds the note and the mortgage. 11. The property is now owned by Defendants DANNY HOWES and MEAGHAN HOWES who hold possession. FI9113-08 12. There has been a default under the note and mortgage held by PlaintiflF in that the payment due, December 1, 2007, and all subsequent payments have not been made. 13. PlaintiflF declares the fullamount payable under the note and mortgage to be now due. 14. There is now due and owing to Plaintiff herein $290,053.95 on principal ofsaid note and mortgage, plus interest from November 1, 2007, and title search expense for ascertaining necessary parties to this action, all costs ofthis action, including any expenses incurred for locating parties and serving process, and any other advances that are proper under the note and mortgage being foreclosed herein including, but not limited to, taxes, insurance, mortgage insurance, late charges, property inspections, property preservation and maintenance. Said indebtedness has been accelerated pursuant to the terms ofthe subject note and mortgage. 15. Defendant, ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAFNST THE HEREIN NAMED INDFVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; may claim an interest in the subject property by virtue ofany possible interest, but the interest, ifany, is subject and inferior to the lien of Plaintiffs mortgage. 16. Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for FREMONT INVESTMENT & LOAN, may claim an interest in the subject property by virtue of a mortgage recorded January 25, 2007, in ORANGE County Official Public Records Book 9080, Page 1944. Said interest, ifany, is subject and inferior to the lien of Plaintiff's mortgage. 17. Defendant, BENEFICIAL FLORIDA, INC., may claim an interest in the subject property by virtue ofa mortgage recorded April 5, 2007 in ORANGE County OfTicial Public Records Book 9198, Page 3891. Said interest, ifany, is subject and inferior to the lien of PlaintiflTs mortgage. 18. Defendant, UNKNOWN TENANTS I IN POSSESSION OF THE SUBJECT PROPERTY, may claim an interest in the subject property by virtue ofbeing in actual possession of same, but the interest, if any, is subject and inferior to the lien of PlaintiflPs mortgage. 20. Defendant, UNKNOWN TENANT#2 IN POSSESSION OF THE SUBJECT PROPERTY, may claim an interest in the subject property by virtue of being in actual possession of same, but the interest, if any, is subject and inferior to the lien of PlaintifPs mortgage. 21. Plaintiflf is obligated to pay its attomeys a reasonable fee for their services and is entitled to recover its attomey's fees pursuant to Florida Statute and the promissory note. FI9113-08 WHEREFORE, Plaintiff prays as follows: (a) That this Court will take jurisdiction ofthis cause, ofthe subject matter and the parties hereto. (b) That this Court ascertains and determines the sums of money due and payable to the Plaintiflf from the Defendants. (c) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien upon the lands described in PlaintiflPs mortgage. (d) That such lien be foreclosed in accordance with the rules and established practice ofthis Court, and upon Failure ofthe Defendants to pay the amount ofmoney found to be due by them to the Plaintiflf, that said land be sold to satisly said lien. (e) That this Court decree that the lien ofthe PlaintifF is superior to any and all right, title and interest ofthe Defendants herein or any person or parties claiming by, through or under them since the institution ofthis suit. (f) That all right, title or interest ofthe Defendants or any person claiming by, through or under them be forever barred and foreclosed. (g) That the Court retain jurisdiction ofthis cause to grant further relief as the Court deems just and proper including, but not limited to, deficiency judgment(s) ifthe proceeds ofthe sale are insuflficientto pay PlaintiflPs claim. TfflS COMMUNICATION, FROM A DEBT COLLECTOR, IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO ALL DEFENDANTS: PLEASE READ THE NEXT PAGE CONTAINING IMPORTANT INFORMATION IF YOU WANT TO DISPUTE THE VALTOITY OF THE DEBT PLAINTIFF IS ATTEMPTING TO COLLECT IN TfflS LAWSUIT. Dated: May 13,2008 VAN NESS LAW FIRM, P.A. 1239 E Newport Center Drive Suite 110 Deerfield Beach FL 334^ Phone(954)571- Fax (954)5; By D J.A Florida Bar #^5X832 [Z^IarkC. Elia, Esq. 'Tlorida Bar # 695734 FI9113-08 This Notice is Required by the Fair Debts Collection Practices Act (the "Act") 15 U.S.C. §§1601 et seq., as amended. 1. The PlaintiflF as named in the attached summons and complaint is the creditor to whom the debt is owed or is the servicing agent for the creditor to whom the debt is owed. 2. The debtor may dispute the validity of this debt, or any portion thereof, within thirty (30) days of receipt ofthe Notice. Ifthe debtor fails to dispute the debt within thirty (30 days, the debt will be assumed valid by the creditor. 3. Ifthe debtor notifies the creditor's law firm in writing within thirty day (30) days from receipt of this notice that the debt, or any portion thereof, is disputed, the creditor's law firm will obtain verification ofthe debt, or a copy of a judgment and a copy ofthe verification will be mailed to the debtor by the creditor's law firm. 4. The name ofthe original creditor is set forth in the mortgage and note attached hereto, if the creditor named as PlaintifF in the attached summons and complaint is not the original creditor, and ifthe debtor makes a written request to the creditor's law firm within (30) days from the receipt ofthis notice, the address ofthe original creditor will be mailed to the debtor by the creditor's law firm. 5. As ofthe date affixed to the Complaint filed herein, the amount ofthe debt is stated in the attached Complaint attached hereto. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you may pay may be greater. Hence, ifyou pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, please contact the law firm listed below. 6. Written request required by this Act should be addressed to; VAN NESS LAW FIRM, P.A. 1239 E Newport Center Drive Suite 110 Deerfield Beach FL 33442 7. The law does not require me (the debt collector) to wait until the end ofthe thirty (30) day period before suing you (the consumer) to collect this debt. If, however, you request proof of the debt or the name and address ofthe original creditor within the thirty (30) period which begins with your receipt ofthis notice, the law requires me to suspend my efiForts (through litigation or otherwise) to collect the debt until I mail the requested information to you. This communication is for the purpose of collecting a debt, and any information obtained from the debtor will be used for that purpose. F19113-08 ,PVINH-06/12/2006 NOTE Juna 1, 2006 BREA. GA 928Z1 ID'tn] [Cityl ISUI.I 910 N. THISTLE LANE HAITLAND, FL 32751 IPrapaly Addrcii I 1.BOBROWER'S PROMISE TO PAY (o retuin for a loan dial I have received, I pramise 10 pay U.S. S 292,400.00 (this amouni is caOcd'Priieipal"). plus intaest, lo the o i d s of Ihc Lender. The Lender is FRENONT INVESTMENT t LOAN I will make afl poymenis under this Note in Ihc fonn of casb, check or ntoney ordci. I unduaand that the Lender may ninsfer ibis Note. Tlie Lender or anyooe who lakes this Note by transfer and who Ls cntiUed to receive paynuala under this Nole is called the 'Nols Holder.' 2.INTEREST Imefcsi will be chaiged OQ unpaid piincipai until the full amounl ofPrincipal has been paid. I will pay interest ai a yearly rate of 9.7000 %. The intercsi rate leijuircd by Ihis Sectim 2 is Ihc nue 1 will pay bath before and afier any default desciibed in Seciion 6(B) of this Note. 3. FAYMENTS (A) Time and Fbce of Payments I will pay principal and muresi by naking a payinem every monih. I will n i ^ e my monihly payment on the flrtt day irf'each month beginning on August 1, 2006 .1 wOl make Ihcse payinents evcty inonth until 1 have paid all of the princqul and inleres and any other charges described bdow thai I may owe under this Note. Each monthly paymem will be applied as of its scheduled due date and wit] be applied u> interesi befote Principal. If, 00 July 1, 203S . I still owe amounts imder tfais Noie, I will pay those amounts in full oe tha: dale, which is called the'Maturily Date.' I w i U make my mondily payinents at 2 7 2 7 E IHPEfllALHIGHVAY. BDEA CA 92821 or al a difTercnt place if required by Ihe Note Holder. (B) Amoirat of Montfaly Payments My monthly paymeni will bc in the amoant of U.S. S 2 , 5 0 1 , 4 4 4.BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any tinsc before they are due. A payment of Principal only is known as a "Prepayment.'When 1 make a PiEpayment, I wili lell Ihe Noce HoUer in writing thai I o n doing so. I may not designate a paymsnt as a Prepayment if I have not nade all Ihc monthly paymems due under the Note. I may make a full {Yepaymcnt or partial Prepaymems wiihoui paying a Prepaymenl chaige. Tbe NoK Holder wiB use my Prepayments to reduce the amomit of Principal that 1 owe under this Note. Hovivvcr, the Note Hokler may apply my Prepayment to the accrued and unpaid inteiest on Ihe Prepayment amoiml, befote applying my Picpayment to reduce Ihe Mncipal amount of Ihc Note. If 1 make a panial Piqayment, there will be no changes in the due dole or in die amotmt of my monihly payment unless the Note Holder agrees in writing to those cbanges. MULTISTATE HXEO RATE NOTE-Singls Famity-Fannia Mae/Fraddia Hao UNIFORM INSTRUMENT ( Q l i - S N (im9|.oi F o m 320D 1/01 ^ ^ ' VHP momcAce FORKS . ossis;! .Tn/ Pt09lO!3 iRitlttllL PVINH-06/12/2006 S. LOAN CHARUES If a law, which applies la this toan and which sets maximum loan chaiges, is fmally inieipiOBd so thai the inicien or other loon charges collected iir lo be coUecud in conncclioa widi this ban exceed ihe peimilted limits, Ihen: (a) any such loan charge shall be reduced by Ihc antount necessary to reduce the charge to the permined limic and (b) any sums already collected fiom me which ciceeded penniued limiis will be refunded to me. 'fhc Nole HoUcr may choose to make ibis refund by reducing the Principal I owe under diis Note or by making a direct paymem u> me. If a refund reduces Prindpai. die reduction will bc treated as a panial PrepaymenL «. BORROWER'S FAILURE TO PAY AS RIvQUIRED (A) Late Charge for Overdue Paymeots ir the NoK Holder has not received die fall amouni of any mondily paymeiu by die end of 15 calendar days aftci the dale it is dui^ i win pay a latc charge to die Note Holder. The aniount of die charge will be S . 0 % of my ovenlue payment of principal and interesL 1 will pay Ihis late chaige prompdy bul only once on each laie payment. (B) Oefault ir 1 do not pay ihc full amount of cach mondily payment on die dats it is due, I will bc in defaulL pay immediatety in full as described above, Uic Note Hokler will ttill havc the right to do so if I am in defauh ai a later lime. (E) Paymmt ofNote Holder's Costs aod Expenses If tbe Note Holder has required me to pay imnicdiaiBly in full as described above, the Note Hotder will havc die right to bc inid back by me for all uf its costs and eipenses in enforcing Uiis Nots to die exieni not piohibited by a^licaUc law. Those expenses inchide, for exampte, reasonable auomeys' fees. 7. GIVINR O F NOTICES Unless applicable law requires a differem method, any aolice that must be given to mc under this Note will he given by delivering il Or by inailing il by first class mail to mc at die Propeity Address above or ai a differem addrcss if I give die Note Holder a noiice of my diflerent address. Any noiicc dot must be given B> die Note Holder under diis Note will be given by dehvering it or by mailing it by Hrst class mail m llie Nate Holder at die addiess slated in Section 3(A) above or ai a differeni address if 1 am given a nolice of dut different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more dan one person signs this Note, each person is fully and penonnlly obligiiied to keep all of the promises made in diis Note, inchiding the piomise to pay die full amount owtd. Any person who is a guanmlor, surety or endorser of diis Note is also obhgaled to do diese diings. Any person who takes over ilKse obligations, including die obligalioas of a guaramor, surety or endoiser of diis Noie, is abo obligated to keep all of the piomises nsKle ia dits Note. The Note Holder may enforoe its righis under diis Note aganst e x h peison indivfalBally or against all of ns together. This means dial any one of us may be required to pay all of die amooius owed onder this Note 9. WAIVERS I and any oUicr person who has obligations under diis Note waive die righis of Piesentment and Nocice of Dishonor. 'Presenlmenl" means du; right to require Ibt Note Holder to demand payment of amounts duc. 'Notice of Dishonor' means the right to require die Noce Holder lo give notke lo other persons ihat amoants due have not been paid. Form I f f ^ . S H lOoaai.fll Pa4»lol3 inftuli PVINH-06/12/2006 10. UNIFORM SFfURED NOTE This Note is a uniform instrument widi limited variations in some jurisdictigns. In addition u> the proteaions given to die Note HoUer under diis Note, a Mongage, Deed of Trust, or Securiiy Deed (die 'Security Instrument'), dated Ihe same date a's diis Note, protects die Note Holdo from postiblc losses which might result if I do not keep the piomise.s which I make in diis Note. That Security Instrameni describes bow and umlcr what conditions 1 mny bc required to make immediate payment in full of ali amounts I owe under diis Note. Some of OMKC condiiions are describod as follows: •fall or any pan of the Propeny or any Interest in die Property is soU or uansfeired (or if Borrower is not a naluial pcison and a beneficial interest in Bonower is sold or tiansferred) without Lender's prior wrinen consent, Lender may require immediaie payment in full of all sums secured by this Securiiy Instrument However, diis optian shall not bc exereised by Lender if such exercise s prohibiled by Applicfibic Law. if Lender exercises diis oplion. Lender shall give Borrower nodce of aixclennion. Tbe nodce shall provide a peiiod of not less dian 30 days from the date the noiice is given in accoidance widi SecUon 13 widiin which Bomywer mua pay all sums secured by this Security Instrument If BoRowcr faib to pay diesc sums prior lo Uie expiration of diis period, Lemler may bivoke any remedies pemducd by diis Securiiy InstnimeiU widnut fuither notice or demand on Borrower. WTTNESS THE HAND(S) AND SEAL(S)OFTHE UNDERSIGNED. (Seal) (Seal) .(Seal) (Seal) -Boixower .(Seal) (Seal) .BofTowcr _(Seal) (Seal) .Bonvwer -Bomwei /5i;ii Originat Onlyl ^ ^ -SN (OODStOl P iga 1 SI I Foim 32001/»1 PVINH-06/12/2006 Pay to the order of Fremontiflye^tnnent St Loan /pdOg Pollock Assistant Vice Presideni lllll ., ^ Zl Ratura Toi INSJfli, £0068394920 \X, FRENONT INVESTMENT & LOAN OR W 08700 PG Afeai'YGS^l? P.O. BOX 34078 HflRTHA 0. HflyNlE, COnPTROLLER FULLERTON, CA 92834-34078 ORftNGE COUNTY, FL V- 06/14/2806.^02:39:45 PM 1 MTG DOC TftX\1,023.40 INTflNG TAX 384.80 This document was prepared by: REC FEE 146.00 BARBARA LICON o 5000218368 -[Space Above This Line For Recording D a t t ) - MORTGAGE MIN t001944-500021S368-0 DEFINITIONS Words used in multiple seaions of this document arc defined below and other words are defined in Sections 3,11,13,18, 20 and 21. Cienain mles regarding die usage of words used in this document are also provided in Section 16. (A) "SKurity Instrument'means this document, which is dated June 1, 2006 together with all ]\i^l^ to (his documenL (B) "Borrower" k OANNY HONES AND MEAGHAN HONES, HUSBAND AND WIFE V . Bdirro'wer ikthe mortgagor under this Security Instrument. (Crplicable final, non-^ipcalable judicial opi^iions. (J) "Community Association Dues, Fees, and Asses.sments" means all dues, fees, assessments and odier charges that are imposed! on Borrower or ihc Property by a condominium association,homeowners association or similar organization. (K) "Electronic Funds TransTer" means any transfer of funds, other dian a transaction originated by check, draft,or similar papo^ instrumenL which is initiated dirough an electronic terminal, telephonic instrumenL compulcr, or magnetic tap^ so as to order, instrucL or authorize a financial institudon to debit or credit an accounL Such tenn includes,but isnot limitedto, point-of-!>alc tran.sfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" mcani diose items that are described in Seclion 3. (M) "Miscellaneous Proceieds" means any compensation, setdemenL award of damages, or proceeds paid by any diird party(otherthan insurance proceedspaid under the coverages describedin Secuon 5)for: (i) damage lo, or destruction of, die Property; (ii) condemnation or odier taking of aU or any pan of die Property; (iii) conveyance in lieu of condemnation; or (iv) mLsrcpre-sentalions of, or omissions as to, die value and/or condition of die Propaty. : (N) "Mortgage Insurance!' means insurance protecting Lender against die nonpayment of, or default on, the Loan. (O) "Periodic Payment" ijneans die regularly scheduled amounl due for (i) principal and iniercsi under die Note, plus (ii) any amounts iundw Secrion 3 of diis Security ln.strumenL lni.1.1.^^/ <^B»-8A(FL) (O005).ot p»8e2o(i6 '"/^^^n FormSOlO 1/01 Book8700/Page4e22 CFN#20060394920 Page 2 of 17 V (P) "RESPA" means die^Real Esiaie Setdement Procedures Act (12 U.S.C. Secdon 2601et seq.) and its implementing regulation. Regulation X (24 CF.R. Pan 3500), as diey might be amended from dme to lime, or any addidonal or successor legislation or regulation diat governs die same subject maiier. As used in ttiis SecurityInstrumoiL "RESPA" refersDO all requirements and restrictions dial are imposedin regardto a "federally relatedmongage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Intere^ of Borrower" means any party diat has taken tide tt) die Property, whether or not diat party has assumed Boaower's obligations undn die Nole and/or this Security InstnimenL TOANSFER OF RIGHTS jlN THE PROPERTY This Security Instrument ^ecures to Lender: (i) die repayment of die Loan, and all renewals, extensions and modificarionsof die Notd;and (ii) the perfonnance of Borrower's covenants and agreements under diis Security Instrument and die Nott. For diis purpose, Bonower docs hereby mongage, grant and convey to MERS (solely as nominee jfor Lender and Lender's successors and assigns) and to the successors and assigns of MERS, die foUowing d e f b e d property located in die County [Type of Recording Jurisdictionl of ORANGE [Name of Recording Jurisdiciion); SEE ATTACHED LEGA^ DSECRIPTION AND MAOE A PART THEREOF l4cel ID Number: 302129357803190 which cunendy has die address of /9IO M. THISTLE LN [Street) ' MAITLAND [City),Rorida 32751 fZipCode] ("Property Address"): TOGETHER WITH a]) die improvements now or hereafter erected on die propeny, and all easeraents, appurtenances, and fixtures now or hereafto' a pan of die propeny. All replacements and addidons shall also be covered by diis Security iln-strumoiL All of die foregoine is refened to in diis Security Instrument as die "Property." BorrowCT undajstandsand agrees diat MERS holds only legal tide to die intoests granted by Bonower in this Security Inktniment, buL if necessary to comply widi taw or custom, MERS (as nominee for Lender and Lender's successors and assigns) has die right: to exercise any or all of ttiose interests, including, but not limited to, the righli to foreclose and sell the Piopeny; and to take any acrion required of Lender including, but not limited to,:releasing and canceling diis Security Insuument •eA(FL) (OOOSj.oi Pag> 3 ot 16 Form 3010 1/01 Book8700/Page46?3 CFN#20060394920 Page 3 of 17 BORROWER COVpNANTS tfiat Bonower is lawfully seised of ttie estate hereby conveyed and has die rightto mortgage, gtani and convey die Propertyand dial the Propertyis unencumbered, exceptfor encumbrances of record.{Borrowerwarrants and will defend generally die dde to die Property against all claims and demands, subj^t to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for nationaluse and non-uniform covenants widi limited variations by jurisdicdon to consrimte a uniform security instrument covering real property. UNIFOR M COVENjANTS. Bonowa and Lender covenant and agree as foUows: 1. Payment of PrincipaL Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall paywhenj due the principal of, and interest on, the debt evidencedby die Note and any prepayment charges and 1 ^ chnrges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Secrion3. Payments due under die Note and ttiis Security Instrumentshall be made in U.S. currency. However, if any; check or odicr instrument received by Lender as payment under the Note or diis SecurityInstrument is returned to L«ider unpaid. Lender may require dial any or all subsequent payments due under tfie Note and dils Security Instrument be made in one or more of die following forms, as selected by Lender (a) cash; (b) nioney order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check iis drawn upon an insriturion whose depositsare insured by a federalagency, instrumentality, or oirity; or (d) Electronic Funds Transfer. Payraents are deemeij received by Lender when received at the location designated in die Note or at such odier locarion as may bc designated by Loider in accordance with the norice provisions in Secuon 15. Lender may return any payinent or panial payment if die paymeni or partial payments are insufficient to bring the Loan curroiL Lender i ^ y accept any paymeni or partial paymenl insufficient to bring the Loan currenL widiout waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the fumre, but Lender is nott obligated to apply such payments at die rime such payments are accepted. If each Periodic Payment is appliejd as of its scheduleddue date, dicn Lenderneed not pay interest on unapplied funds. Lender may hold sqch unapplied fundsuntd Bonower makes payment to bring the Loan currenL If Bonower docs not do so wittiin a reasonable period of rime. Lender shall cidicr apply such funds or retum diem to Borrower. If not aj^lied earlier, such funds will be applied to die outstanding principal balance under die Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the futureagainst Lendw shall reheve Borrower from making paymenis due under die Note and ttiis Securiiy Instrumoit or jxiforming die covenants and agreements secured by ttiis Security InstnimenL 2. Application of Pajments or Proceeds. Except as odierwise described in diis Secrion 2, all payments accepted and applied by Lehdo shall be applied in die following order of priority: (a) intBiesi due under the Note; (b) principal duc under die Note; (c) araounts due under Secrion 3. Such payments shall bc applied to each Periodic Payment in die order in which it became due. Any remaining amounLs shall be applied first to lale charges, second to any 0iher amounts due under this Security InstrumoiL and Uien in reduce die principal balance of die Note. If Lender receivesa payraent from Bonower fora delinquenl Poiodic Payment which includes a sufficienl amount to pay any late charge due, die paymenl may be appli