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AMTRUST BANK, IN THE CIRCUIT COURT OF THE 9TH
JUDICIAL CIRCUIT IN AND FOR
' Plaintiff, ORANGE COUNTY, FLORIDA
Vs.
CASENO. 0^64''n'70
DIANE SOUDER and UNKNOWN SPOUSE OF YYtr^Q
DIANE SOUDER; JASON SOUDER and COMPLAINT
UNKNOWN SPOUSE OF JASON SOUDER; JOHN
DOE and MARY DOE; UPTOWN PLACE
CONDOMINIUM ASSOCIATION, INC.;
WACHOVIA BANK, N.A.,
Defendants,
/
PlaintiflF, AMTRUST BANK, sues defendants DIANE SOUDER and UNKNOWN SPOUSE
OF DIANE SOUDER; JASON SOUDER and UNKNOWN SPOUSE OF JASON SOUDER; JOHN
DOE and MARY DOE; UPTOWN PLACE CONDOMINIUM ASSOCIATION, INC.; WACHOVIA
BANK, N.A., and alleges: .-. , CD
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1. This is an action to foreclose a mortgage on real property in O^^NGE (^unty7 -^
Florida. ''73- 7' ^ -
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2. On AUGUST 31, 2005 Mortgagor(s), DIANE SOUDER, a single w^an, exeouted
and delivered a promissory note and purchase money mortgage securing payment of it to
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for VILLAGE
FINANCL\L SERVICES, LLC. The mortgage was recorded on SEPTEMBER 23, 2005 in OflRcial
Records Book 8208 at page 3422 ofthe Public Records ofORANGE County, Florida and mortgaged
the real property described in it, then owned by and in possession of the mortgagor, a copy of the
mortgage and a copy ofthe note.being attached hereto as Exhibit "A".
3. PlaintifFowns and holds the said note and mortgage.
4. The property is now owned by Defendant(s), DL\NE SOUDER and JASON
SOUDER who hold possession.
5. The Note and Mortgage are in default as the amount due on SEPTEMBER 1, 2007,
and all subsequent payments have not been made.
6. PlaintiflF declares the full amount payable under the note and mortgage to be due.
7. PlaintifF is owed TWO HUNDRED NINETEEN THOUSAND FOUR HUNDRED
SEVENTY AND 00/100 ($219,470.00) Dollars that is due on principal on the note and mortgage,
interest from AUGUST 1, 2007, plus taxes, insurance and late charges.
8. Plaintiff is obligated to pay its attomeys a reasonable fee for their services and is
entitled to attomey's fees under the Note and Mortgage.
9. PlaintiflFhas complied with all ofthe terms and conditions precedent with which it is
required to comply with.
10. Defendant, UNKNOWN SPOUSE, may claim to have some right or interest in the
subject real property, arising out of his/her marriage to Defendant DIANE SOUDER, if married.
However, any right or interest of said Defendant is subject to and inferior to the right and interest of
PlaintiflF.
11. Defendant, UNKNOWN SPOUSE, may claim to have some right or interest in the
subject real property, arising out of his/her marriage to Defendant JASON SOUDER, if married.
However, any right or interest of said Defendant is subject to and inferior to the right and interest of
PlaintiflF.
12. Defendant, JOHN DOE and MARY DOE, may claim to have some right or interest
in the subject real property arising out of his/her/their occupancy of the subject real property.
However, any right or interest of said Defendant is subject to and inferior to the right and interest of
PlaintiflF.
13. Defendant, UPTOWN PLACE CONDOMINIUM ASSOCLVTION, INC., may claim
to have some right or interest in the subject real property arising out of, including but not limited to.
a LIEN recorded in Official Records Book 9554 Page 3140 ofthe Public Records ofORANGE
County, Florida. However, any right or interest of said Defendant issubject to and inferior to the
right and interest of PlaintifF.
14. Defendant, WACHOVIA BANK, N.A., may claim to have some right or interest in
the subject real property arising out of, including but not limited to, a MORTGAGE recorded in
Official Records Book 8208 Page 3446 of the Public Records of ORANGE County, Florida.
However, any right or interest of said Defendant is subject to and inferior to the right and interest of
PlaintiflF.
15. Further joined to this action ifany ofthe above Defendant(s), who are natural persons
are dead, are the unknown Defendant(s), who may be spouses, heirs, devisees, of such Defendant(s),
and additional unknown Defendant(s) as successors in interest, grantees, assignees, lienors, creditors,
trustees, and all parties claiming interest by, through, under or against the Defendant(s) who are not
known to be dead or alive, and all parties having or claiming to have any right, title or interest in the
property described in the mortgage being foreclosed herein.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage and ifthe proceeds of
the sale are insufficient to pay Plaintiffs claim, a deficiency judgment, including costs and attomey's
fees against Defendant(s).
SPEAR AND HOFFMAN, P.A.
9700 South Dixie Highway, Suite 610
Miami, Florida 33156
Tel: (305) 670-2299
Fax: (305) 670-9503
L. JOSEPHiFHHOI
HOFFMAN
Florida Bar No. 127710
jhoffmanfSlspearhofiTnan.com
Souder-Diane.co/sph
Loan No. 0004854613/ATS-C-054
^ Law Offices -. -r T rc
bpear and Honman, PA. irvinecspear (1922,976)
May 14,2008
Diane Souder
911 N.Orange Ave #330
Orlando, Fl 32801
RE: Amtrust Bank, vs. Diane Souder, et ux., et al.,
LOAN # 0004854613
Dear Mortgagor:
We have been retained by the Creditor to file the attached foreclosure suit.
As ofthe date ofthis letter, May 14, 2008, you owe the sum of $235,877.03. Because of
interest, late charges, and other charges that may vary from day to day, the amount due on the
day you pay may be greater. Hence, ifyou pay the amount shown above, an adjustment may be
necessary after we receive your payment, in which event we will inform you before depositing
the check for collection. For further information, write to Spear & Hoffman, P.A. or call (305)
670-2299.
Below is the breakdown ofthe amount due:
Principal Balance $ 219,470.00
Interestfi-om8/1/07 to 5/14/2008 $ 11,644.73
Late Charge $ 432.04
Escrow Advance $ 3,124.76
Other Charges $ 61.00
Attomey's Fees & Costs $ 1.144.50
TOTAL: $ 235,877.03
Sincerely;
L. JOSEPH HOFFMAN
LJH/SPH/ATS-C-054
ALL FUNDS SUBMITTED MUST BE CERTIFIED AND MADE PAYABLE TO SPEAR
& HOFFMAN TRUST ACCOUNT.
NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT
THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Please refer to the attached Notice Required by the Fair Debt Collection Practices Act.
9700 South Dixie Highway, Suite 610 / Miami, Florida 33156 / (305) 670-2299 / Fax (305) 670-9503
www.spearhoffinan.com
NOTICE REQUIRED BY THE FAIR DEBT COLLECTION
PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED
1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act.
Any and all information obtained during the prosecution ofthis lawsuit may be used for the
purpose of collecting a debt.
2. The amount ofthe debt is stated in the attached letter.
3. The PlaintiflF as named in the attached letter is the creditor to whom the debt is owed, or is the
servicing agent for the creditor to whom the debt is owed. The undersigned attomey represents the
interests ofthe PlaintiflF.
4. The debt described in the letter evidenced by the copy ofthe mortgage note attached hereto will
be assumed to be valid by the creditor's law firm unless the debtor, within thirty days after the
receipt ofthis notice, disputes in writing the validity ofthe debt or some portion thereof
5. Ifthe debtor notifies the creditor's law firm in writing within thirty days ofthe receipt ofthis
notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a
verification ofthe debt and a copy ofthe verification will be mailed to the debtor by the creditor's
law firm.
6. Ifthe creditor named as Plaintiffin the attached letter is not the original creditor, and ifthe
debtor makes a written request to the creditor's law firm within the thirty days from the receipt of
this notice, the name and address ofthe original creditor will be mailed to the debtor by the
creditor's law firm.
7. FEDERAL LAW GFVES YOU THIRTY DAYS AFTER YOU RECEFVE THIS NOTICE TO
DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT
REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO
CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER, YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR
RECEIPT OF THIS LETTER, THE LAW REQUIRES THAT WE SUSPEND OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE
MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE
FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO THE ATTACHED
COMPLAINT WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE
MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION
OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND
TO THE SUMMONS AND COMPLAFNT UNTIL WE RESPOND WITH THE REQUESTED
INFORMATION
8. Written requests should be addressed to Spear & Hoflftnan, P.A., at 9700 South Dixie Highway,
Suite 610, Miami, Florida 33156.
EXHIBIT "B"
T;i5CL03i:;:.i
•,-\V:l
11 N. 3 U M ! ^ ^ ^ -
ORLANDO, T-i.
(407) •425-24'J J INSTR 24»B»9647666
OR BK 082ea PG S^taa PGS=24
Prepared by or under the supervision of:
MflRrHfi 0. HAYNIE, COMPTROLLER
VHiLftGE FIMNCIAL SERVICES, LLC ORftNGE COUNTY, FL .
[Name of•Natural Person] C^-^*"^^ V'VPCh
V 09/23/3005 09:13:34 ftM
MTG DOC TftX 768.85
11 N. SUMMEmilN AVE. SUITE 275
INTftNG TAX 438.94
[Stre^ Address] REC FEE S05.50
CRLANDO, FL 32801
lOty, StateZip Code]
After recording please return to:
CHCO SAVINGS BANK ATIN: DOCUMENT CONTRCL
[Company Name]
[Name of Natural Person]
1111 CHESTER AVE
[Street Address]
CLEVELAND, OH 4 4 1 1 4
[City, State
Zip Code]
[Space Above Viis Une For Recxjrding Data] ,
MORTGAGE
MIN: 100162500048546130
DEFINrnONS
Words used in multiple sections ofthis document are defined below and other words are defined in Sections 3, 11,
13,18,20 and 21. Certain rules regarding the usage ofwords used in this document are also provided in Section 16.
(A) "Security Instrument" means tfais document, which is dated August 31, 2005 .together
wiA all Riders to this document.
(B) "Borrower" is DIANE SOUDER, A SINGLE WCMftN
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 isorganized and existing under the laws of Delaware, and has an address and telephone
number of RO. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. ^
LQfiN NUMBER; 4854613
Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTKUMENT MERS Modified Form 3010 01/01
—"NE CoMiuANCE SOURCE, INC.— Page 1 of 14 14301fl. W04
www.coiiipliajacesource.com O 2004, Tie Compliiocc Source; Inc
nc; fNa x-^&i
(D) "Lender" is VILLAGE FINANCIAL SERVICES, LLC
Lenderisa limitied liability coipany organized and existing under the laws of
THE STATE OF FLORIDA Lender's address is 11 N. SUMMERLIN
AVE. SUITE 275, QRLANDO, FL 32801
(E) "Note" means the promissory note signed by Borrower and dated August 31, 2005 . The
Note states that Borrower owes Lender two hiandred nineteen thousand four hundred
seventy and NO/lOOths DoUars (U.S.S 219,470.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fiill not
laterthan September 1, 2035
(F) "Property" means the property that isdescribed below under the heading "Transfer of Rights in the
Propeity."
(G) "Loain" 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 Instniment, plus interest.
(H) "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]:
| g | Adjustable Rate Rider ^J Condominium Rider | | Second Home Rider
I I Balloon Rider | | Planned Unit Development Rider | | Biweekly Payment Rider
@ 1-4 Family Rider L J Revocable Trust Rider
I I Other(s) [spedfy]
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances
and adininistrativerules and orders (that have the effect of law) as well as all applicable final, non-appealable
judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means alldues, fees, assessments and other
chaiges tfaat 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, wfaich is initiated througfa an electronic terminal, telepfaonic instrument, computer,
or magnetic tq)e so as to order, instruct, or autfaorize afinancialinstitution to debit or credit an account
Sucfa term
includes, but is not limited to, point-of-sale transfers,
automated teller macfaine transactions; transfers initiated by
telepfaone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items tfaat are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settiement, award of damages, or proceeds paid by
any tfaird party (otfaer tfaan insurance proceeds paid under tfae coverages described in Section S) for:
(i) damage to,
or destruction of, the Property; (ii) condemnation or otfaer taking of all or any part ofthe P'roperty; (iii) conveyance
in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition ofthe Property.
(N) 'Mortgage Insurance" means insurance protecting Lender against tfae nonpayment of, or default on, tfae
Loan.
LOAN NUMBER; 4854613
fiorida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRIMENT MERS Modified Form 3010 01/01
—TBE CoMnjANCE SOURCE, iNC— Page 2 of 14 1430in, HAM
www.coiDpliBiicesource.com O 2004, The Coinpliaiice Source, Inc.
(O) "Periodic Payment" means tfae regularly scheduled amount due for (i) principaland iiiterest imder tfae
Note, plus (ii) any amounts under Section 3 ofthis Security Instrument
(P) "RESPA" means tiie Real Estate Settiement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as tfaey might be amendedfi-omtime to time, or any
additional or successor legislationor regulation that govems the same subject matter. As used in this Security
Instrument "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related
mortgage loan" even ifthe Loan does not qualify as a "federally related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party tfaat has taken title to the Property, whether or not
that party has assumed Borrower's obUgations under the Note and/or this Security Instrument.
County of QRANGE
[Type of Recording Jurisdiction], [Name of Recording Jurisdiction]
which has a legal description of:
SEE ATTACHED EXHIBIT A
which currentlyfaasthe address of 911 N. ORANGE AVE #330
[Street]
ORLANDO , Horida 32801
[City] [ZipCode]
('Troperty Address"):
TOGETHER WTTH aU the improvements now or hereafter erected on the property, and aU easements,
appurtenances, and fixtures now or faereafter a part of the property. AU replacements and additions shaU also be
covered by this Security Instrument AU ofthe foregoing is referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS faolds only legal titieto tfaeinterests granted by Borrower in tfais
Security Instrument, but, ifnecessaiy to comply witfa law or custom, MERS (as nominee for Lender and Lender's
successors and assigns)faastfae right to exercise any or aU of those interests, including, but not limited to, the right
to foreclose and seU the Property; and to take any action required ofLender including, but not limited to, releasing
and canceling tills Security Instrument
BORROWER COVENANTS that Borrower is lawfully seised ofthe estate faereby conveyed andfaasthe
rigfat to mortgage, grant and convey the Property and that tiie Property is unencumbered, except for encumbrances of
record. Boirower warrants and wiU defend generally tfae titie to tfae Property against aU claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants witfa limited variations by jurisdiction to constitute a unifonn seciuity instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as foUows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower sfaall pay wfaen due tfae principal of, and interest on, the debt evidenced by tfae Note and any prepayment
cfaarges and late cfaarges due under tfae Note.
Borrower shall also pay funds for Escrow Items pursuant to Section 3.
P^ments due under the Note and tiiis Security Instrument shall be made in U.S. currency. However, if any cfaeck or
otfaer instrument received by Lender as payment under tfae Note or this Security Instrument is retumed to Lender
unpaid. Lender may require tfaat any or all subsequent payments due under tfae Note and tfais Security Instrument be
made in one or more of tfae following forms, as selected by Lenden (a) casfa; (b) money order, (c) certified
cfaeck,
bank check, treasurer's cfaeck or casfaier'scheck, provided any sucfa cfaeck is drawn upon an institution wfaose
deposits are insured by a federal agency, instrument^ty, or entity; or (d) Electronic Funds Transfer.
LOAN NUMBER; 4854613
norida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01
—THE COMPUANCE SOURCE, INC.— Fage 3 of 14 i43oin.ii/04
www.compliaiicaouice.coin O 2004, Tlie Compliance Source, I n c
^ ^
Payments are deemed received by Lender wfaen received at tfae location designated in the Note or at such
odier location as may be designated by Lender in accordance with tfae notice provisions in Section 15. Lender may
retam any payment or partial payment ifthe payment or partial payments are insufficient to bring the Loan current
Lender, may accept any payment or partial payment insufiGcient to bring the Loan current, witfaout waiver of any
ri^tsfaereunderor prejudice to itsrightsto refiise such payment or partial payments in the future, but Lender is not
obUgated to apply such payments at the time such payments are accepted. If eacfa Periodic Payment is appUed as of
its scfaeduleddue date, tfaen Lender need not pay interest on unappUed fimds. Lender mayfaoldsuch unapplied
fimds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable
period of time. Lender shaU either apply such funds or retum them to Borrower. If not applied earlier, sucfa funds
win be appUed to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or
claim which Borrower mightfaavenow or in the future against Lender sfaaU reUeve Borrowerfi-ommaking payments
due under the Note and this Security Instrument or perfonning the covenants and agreements secured by tfais
Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, aU payments
accepted and appUed by Lender shall be appUed in tfae foUowing order of priority: (a) interest due under tfae Note;
(b) principal due under tfae Note; (c) amounts due under Section 3. Sucfa payments shall be appUed to eacfa Periodic
Paymeat in the order in which it became due. Any remaining amounts shall be appUed first to late charges, second
to any otfaer amounts due under tbis Security Instrument, and then to reduce the principal balance oftfae Note.
If Lender receives a paymentfi-omBonower for a deUnquent Periodic Foment wfaich includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late cfaarge. If
mrae than one Periodic Payment is outstanding, Lender may apply any payment receivedfiromBonower to the
repayment of tfae Periodic Payments if, and to the extent that, each payment can be paid in fuU. To tfae extent tfaat
any excess exists after tfae payment is appUed to tfaefiiUpayment of one or more Periodic Psyments, sucfa excess
may be appUed to any late charges due. Voluntaiy prepayments shall be appUedfirstto any prepayment chaises and
tfaen as described in the Note.
Any appUcation of payments, insurance proceeds, or MisceUaneous Proceeds to principal due under tfae
Note shall not extend or postpone tfae due date, or change the amount, ofthe Periodic Payments.
3. Funds for Escrow Items. Bonower sfaall pay to Lender on tfae day Periodic Payments are due under
the note, untiltiieNote is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and
assesstmnts and other items wfaicfa can attain priority over tfais Security Strument as a lien or encumbrance on tfae
Prapeity; (b) leasehold payments or ground rents on the Property, ifany; (c) premiums for any and aU insurance
requiied by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by
Bcarower to Lender in lieu of tfae payment of Mortgage Insurance premiums in accordance witfa the provisions of
Secticm 10. These items are caUed "Escrow Items." At origination or at aity time during the term of tfae Loan,
Leader may require tfaat Community Association Dues, Fees, and Assessments, if any, be escrowed by Bonower,
and sudi dues, fees and assessments sfaall be an Escrow Item. Bonower shall promptiy fumish to Lender aU notices
of amounts to be paid under tfais Section. Bonower shall pay Lender tfae Funds for Escrow Items unless Lender
waives Bonower's obligation to pay the Funds for any or aU Escrow Itenis. Lender may waive Borrower's
obligation to pay to Lender Funds for any or aU Escrow Items at any time. Any such waiver m ^ only be in writing.
In tfae event of such waiver, Bonower shaU pay directiy, when and where payable, the amoimts due ifor any Escrow
Items fcr which payment of Funds has been waived by Lender and, if Lender requires, sfaallfumisfa to Lender
receq>ts evidencing sucfa payment witfain sucfa time period as Lender may require. Bonower's obligation to make
such payments and to provide receipts shall for aU purposes be deemed to be a covenant and agreement contained in
tins Security Instrument, as the pfarase "covenant and agreement" is used in Section 9. If Bonower is obligated to
p^ Escrow Items directiy, pursuant to a waiver, and Bonower fails to pay the amount due for an Escrow Item,
Lender m ^ exercise its rights under Section 9 and pay sucfa amount and Bonower sfaall then be obUgated under
Secticm 9 to repay to Lender any such amount. Lender may revoke tfae waiver as to any or aU Escrow Items at any
time by a notice given in accordance witfa Section 15 and, upon such revocation, Bonower shall pay to Lender all
Funds, and in sucfa amounts, that are ifaen required under this Section 3.
Lender may, at any time, coUect and hold Funds in an amount (a) sufiicient to pennit Lender to apply the
Funds at tfae time specifiedunder RESPA, and (b) not to exceed the maximum amount a lender can require under
wm MCMBER; 4854613
Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01
—TfeeCOMnJANCE SOURCE, I N C — Page 4 of 14 14M1FL 1 1 ^
www.oompliancesource.com O 2004, Hie Compliance Source; I n c
RESPA. Lender shall estimate the amount of Funds due on the basis of cunent data and reasonable estimates of
e}q>enditures of future Escrow Items or otherwise in accordance with AppUcable Law.
ITie Funds sfaall be held in an institution wfaose deposits are insured by a federal agency, instrumentaUty, or
entity (including- Lender, if Lender is an institution wfaose 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 Bonower forfaoldingancl applying tfae Funds, annually analyzing the escrow account or verifying
tfae Escrow Items, unless Lender pays Bonower interest on tfae Funds and AppUcable 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 berequired to pay Bonower any interest or eamings on the Funds. Bonower and Lender can agree
in writing,faowever,that interest shall be paid on the Funds. Lender shall give to Bonower, without cfaarge, an
annual accounting ofthe Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender sfaaU account to Bonower for
the excess fimds in accordance with RESPA. If there isa sfaortage of Funds held in escrow, as defined under
RESPA, Lender shall notify Bonower as required by RESPA, and Bonower shallpay to Lender the ^nount
necessary to make up the sfaortage in accordance wdtfa RESPA, but in no more tfaan 12 monthly payments. If tfaere is
a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Bonower as required by RESPA,
aiKl Bonower sfaall pay to Lender the amount necessary to make up the deficiency in accordance witfa RESPA, but in
no moreflian12 montfaly payments.
Upon payment in fiiU of aU sums secured by tfais Security Instrument, Lender shall promptiy refimd to
Bonower any Funds held by Lender.
4. Charges; Liens. Bonower sfaallpay all taxes, assessments, charges, fines, and impositions
attributable to the Property wfaicfa can attain priority over this Security Instrument, leasehold payments or ground
rents on tfae Property, if any,
and Community Association Dues, Fees, and Assessments, if any. To tfae extent that
these itenis are Escrow Items, Bonower shaU pay them in tfae manner provided in Section 3.
Bonower sfaallpromptiy cUscfaai^e any Uen wfaicfa has priority over tfaisSecurity Instrument unless
Boirowen (a) agrees in writing to tfae payment of the obUgation secured by the Uen in a manner acceptable to
Lendo*, but only so long as Bonower is performing sucfa agreement; (b) contests tfae lien in good faitfa by,
or defends
against enforcement oftfae Uen in, legal proceedings which in Lender's opinion operate to prevent tfae enforcement
oftfae Uen vMle those prcx;eecUngs are pending, but onty until sucfa proceedings are concluded; or (c) secures fi-om
the bolder of the lien an agreement satisfactoiy to Lender subordinating tfae lien to tfais Security Instrument If
Lenda- determines tfaat any part of tfae Property is subjectto a Uen whicfa can attain priorityover tfais Security
Instrument Lender m ^ give Borrower a notice identifying tfae lien.Witfain 10 days oftfaedate on wfaicfa tfaat notice
is givoi, Bonower sfaaU satisfy tfae Uenor take one or more oftfae actions set fortfa above in this Section 4.
Lender may require Bonower 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. Bonower shaU keep tfae improvements now existing orfaereaftererected on tfae
Prc^ity insured against loss byfire,faazardsincluded witfain tfae term "extended coverage," and any othier faazards
including, but not limited to, eartfaquakes and floods, for wfaicfa Lender requires insurance.Tfais insurance sfaaU be
maintained in tfae amoimts (including deductible levels) and for tfae periods tfaat Lender requires. What Lender
requires pursuant to tfaepreceding sentences can cfaange during tfaeterm of tfae Loan. Tfae insurance carrier
providing the insurance shaU be cfaosen by Bonower subject to Lender's right to disapprove Bonower's cfaoice,
wfaich ri^t shall not be exercised unreasonabty. Lender may require Borrower to pay, in connection witfa tfais Loan,
eitfaer (a) a one-time cfaaige for flood zone determination, certification and tracldng services; or (b) a one-time
cfaaige for flood zone determination and certificationservices and subsequent cfaargeseacfa time remappings or
siinilar cfaanges
occur wfaicfa reasonably migfat affect sucfa determination or certification. Bonower sfaall also be
responsible for tfae p^rment of any fees imposed by tfae Federal Emergency Management Agency in connection witfa
tfae review ofany flood zone determination resultingfi-oman objection by Bonower.
If Bonower fails to maintain any oftfae coverages described above, Lender may obtam insurance coverage,
at Lender's option and Bonower's expense. Lender is under no obligation to purcfaase any particular type or amount
of coverage. Tfaerefore, such coverage sfaall cover Lender, but migfat or migfat not protect Bonower, Bonower's
equity in theProperty, or tfae contents oftfae
Property, against any risk, hazard or liability and might provide greater
LOAN NCMBER; 4854613
Ftorida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSIHUMENT MERS Modifled Form 3010 01/01
—TBE CMiFUANCX SOURCE, INC— Page 5 of 14 1430in, 11/D4
www.compliancesourcccom O 2004, The Compliance Souice; Inc
^
or lesser coveragetiianWas previousfy in effect. Bonower acknowledges that the cost ofthe insurance coverage so
obtained niight significantiy exceed the cost of insurance tfaatBonower could faave obtained. Any amounts
disbursed by Lender under this Section 5 shall become additional debt of Bonower secured by thisSecurity
Instiument Th?se amounts shaU bear interest at tfae Note rate from tfae date of disbursement and shall be payable,
wifli sucfa interest, upon noticefromLender to Bonower requesting payment.
AU insurance policies required by Lender and renewals of sucfa policies shall be subject to Lender'srightto
dislqiprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shaU have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptiy give to Lender aU receipts of paid premiums and renewal notices. If Bonower obtains any
form of insurance coverage, not otfaerwise required by Lender, for damage to, or destraction of, the Property, such
poUcy sfaall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee.
In the event of loss, Bonower shall give prompt notice to the insurance canier and Lender. Lender may
make proof of loss if not made promptiy by Bonower. Unless Lender and Bonower otherwise agree in writing, any
insurance prcKeedSj whether or not the underlying insurance was required by Lender, sfaall be appUed to restoration
orrepairoftfae PrcJiperty, ifthe
restoration or repair is economicaUy feasible and Lender's security is not lessened.
Dining such repair atid restoration period, Lender shall have the right to hold such insurance proceeds until Lender
faas had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided tfaat sucfa uispection sfaallbe undertaken promptiy. Lender may disburse proceeds for tfae repairs and
restoration in a single payment or in a series ofprogress payments as tfae work is completed. Unless an agreement is
made in writing or AppUcable Law requires interest to be paid on sucfa insurance proceeds. Lender sfaall not be
required to pay Borrower any interest or earnings on sucfa proceeds. Fees for pubUc adjusters, or otfaer third parties,
retained by Bonower shall not be paid out offlie insurance proceeds and shaU be the sole obligation of Bonower. If
therestorationor repdr is not economicaUy feasible or Lender's security would be lessened, the insurance proceeds
sfaaU be appUed to tfae sums secured by tfais Security Instrument, wfaetfaeror not then due, with the excess, if any,
paid to Borrower. SUcfa insurance proceeds sfaaU be qiplied in tfae order provided for in Section 2.
If Bonower ablandons the Property, Lender mayfile,negotiate and settle any available insurance claim and
related matters. If Borrower does not respond wifliin 30 days to a notice from Lender tfaat the insurance cairier faas
offoed to settie a claim, then Lender may negotiate and settie tfae claim. The 30-day period will begin wfaen tfae
nc^ce is given. In eitfaer event, or if Lender acquires tfae Property under Section 22 or otfaerwise, Bonower faereby
assigns to Lender (a) B
Preview
cno?> AMTRUST BANK, IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR ' Plaintiff, ORANGE COUNTY, FLORIDA Vs. CASENO. 0^64''n'70 DIANE SOUDER and UNKNOWN SPOUSE OF YYtr^Q DIANE SOUDER; JASON SOUDER and COMPLAINT UNKNOWN SPOUSE OF JASON SOUDER; JOHN DOE and MARY DOE; UPTOWN PLACE CONDOMINIUM ASSOCIATION, INC.; WACHOVIA BANK, N.A., Defendants, / PlaintiflF, AMTRUST BANK, sues defendants DIANE SOUDER and UNKNOWN SPOUSE OF DIANE SOUDER; JASON SOUDER and UNKNOWN SPOUSE OF JASON SOUDER; JOHN DOE and MARY DOE; UPTOWN PLACE CONDOMINIUM ASSOCIATION, INC.; WACHOVIA BANK, N.A., and alleges: .-. , CD ^^ ^ CO —, oiZzrOy- 2C -rz COUNTI 5$:^ 5 -Jr-. zzzcz^- — <:'""' 1. This is an action to foreclose a mortgage on real property in O^^NGE (^unty7 -^ Florida. ''73- 7' ^ - r-^OLl3 •• 'Yz. . cz - ^ .._ ^^ 2. On AUGUST 31, 2005 Mortgagor(s), DIANE SOUDER, a single w^an, exeouted and delivered a promissory note and purchase money mortgage securing payment of it to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for VILLAGE FINANCL\L SERVICES, LLC. The mortgage was recorded on SEPTEMBER 23, 2005 in OflRcial Records Book 8208 at page 3422 ofthe Public Records ofORANGE County, Florida and mortgaged the real property described in it, then owned by and in possession of the mortgagor, a copy of the mortgage and a copy ofthe note.being attached hereto as Exhibit "A". 3. PlaintifFowns and holds the said note and mortgage. 4. The property is now owned by Defendant(s), DL\NE SOUDER and JASON SOUDER who hold possession. 5. The Note and Mortgage are in default as the amount due on SEPTEMBER 1, 2007, and all subsequent payments have not been made. 6. PlaintiflF declares the full amount payable under the note and mortgage to be due. 7. PlaintifF is owed TWO HUNDRED NINETEEN THOUSAND FOUR HUNDRED SEVENTY AND 00/100 ($219,470.00) Dollars that is due on principal on the note and mortgage, interest from AUGUST 1, 2007, plus taxes, insurance and late charges. 8. Plaintiff is obligated to pay its attomeys a reasonable fee for their services and is entitled to attomey's fees under the Note and Mortgage. 9. PlaintiflFhas complied with all ofthe terms and conditions precedent with which it is required to comply with. 10. Defendant, UNKNOWN SPOUSE, may claim to have some right or interest in the subject real property, arising out of his/her marriage to Defendant DIANE SOUDER, if married. However, any right or interest of said Defendant is subject to and inferior to the right and interest of PlaintiflF. 11. Defendant, UNKNOWN SPOUSE, may claim to have some right or interest in the subject real property, arising out of his/her marriage to Defendant JASON SOUDER, if married. However, any right or interest of said Defendant is subject to and inferior to the right and interest of PlaintiflF. 12. Defendant, JOHN DOE and MARY DOE, may claim to have some right or interest in the subject real property arising out of his/her/their occupancy of the subject real property. However, any right or interest of said Defendant is subject to and inferior to the right and interest of PlaintiflF. 13. Defendant, UPTOWN PLACE CONDOMINIUM ASSOCLVTION, INC., may claim to have some right or interest in the subject real property arising out of, including but not limited to. a LIEN recorded in Official Records Book 9554 Page 3140 ofthe Public Records ofORANGE County, Florida. However, any right or interest of said Defendant issubject to and inferior to the right and interest of PlaintifF. 14. Defendant, WACHOVIA BANK, N.A., may claim to have some right or interest in the subject real property arising out of, including but not limited to, a MORTGAGE recorded in Official Records Book 8208 Page 3446 of the Public Records of ORANGE County, Florida. However, any right or interest of said Defendant is subject to and inferior to the right and interest of PlaintiflF. 15. Further joined to this action ifany ofthe above Defendant(s), who are natural persons are dead, are the unknown Defendant(s), who may be spouses, heirs, devisees, of such Defendant(s), and additional unknown Defendant(s) as successors in interest, grantees, assignees, lienors, creditors, trustees, and all parties claiming interest by, through, under or against the Defendant(s) who are not known to be dead or alive, and all parties having or claiming to have any right, title or interest in the property described in the mortgage being foreclosed herein. WHEREFORE, Plaintiff demands judgment foreclosing the mortgage and ifthe proceeds of the sale are insufficient to pay Plaintiffs claim, a deficiency judgment, including costs and attomey's fees against Defendant(s). SPEAR AND HOFFMAN, P.A. 9700 South Dixie Highway, Suite 610 Miami, Florida 33156 Tel: (305) 670-2299 Fax: (305) 670-9503 L. JOSEPHiFHHOI HOFFMAN Florida Bar No. 127710 jhoffmanfSlspearhofiTnan.com Souder-Diane.co/sph Loan No. 0004854613/ATS-C-054 ^ Law Offices -. -r T rc bpear and Honman, PA. irvinecspear (1922,976) May 14,2008 Diane Souder 911 N.Orange Ave #330 Orlando, Fl 32801 RE: Amtrust Bank, vs. Diane Souder, et ux., et al., LOAN # 0004854613 Dear Mortgagor: We have been retained by the Creditor to file the attached foreclosure suit. As ofthe date ofthis letter, May 14, 2008, you owe the sum of $235,877.03. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, ifyou pay the amount shown above, an adjustment may be necessary after we receive your payment, in which event we will inform you before depositing the check for collection. For further information, write to Spear & Hoffman, P.A. or call (305) 670-2299. Below is the breakdown ofthe amount due: Principal Balance $ 219,470.00 Interestfi-om8/1/07 to 5/14/2008 $ 11,644.73 Late Charge $ 432.04 Escrow Advance $ 3,124.76 Other Charges $ 61.00 Attomey's Fees & Costs $ 1.144.50 TOTAL: $ 235,877.03 Sincerely; L. JOSEPH HOFFMAN LJH/SPH/ATS-C-054 ALL FUNDS SUBMITTED MUST BE CERTIFIED AND MADE PAYABLE TO SPEAR & HOFFMAN TRUST ACCOUNT. NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, YOU ARE ADVISED THAT THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Please refer to the attached Notice Required by the Fair Debt Collection Practices Act. 9700 South Dixie Highway, Suite 610 / Miami, Florida 33156 / (305) 670-2299 / Fax (305) 670-9503 www.spearhoffinan.com NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (the Act) 15 U.S.C. SECTION 1601 AS AMENDED 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution ofthis lawsuit may be used for the purpose of collecting a debt. 2. The amount ofthe debt is stated in the attached letter. 3. The PlaintiflF as named in the attached letter is the creditor to whom the debt is owed, or is the servicing agent for the creditor to whom the debt is owed. The undersigned attomey represents the interests ofthe PlaintiflF. 4. The debt described in the letter evidenced by the copy ofthe mortgage note attached hereto will be assumed to be valid by the creditor's law firm unless the debtor, within thirty days after the receipt ofthis notice, disputes in writing the validity ofthe debt or some portion thereof 5. Ifthe debtor notifies the creditor's law firm in writing within thirty days ofthe receipt ofthis notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification ofthe debt and a copy ofthe verification will be mailed to the debtor by the creditor's law firm. 6. Ifthe creditor named as Plaintiffin the attached letter is not the original creditor, and ifthe debtor makes a written request to the creditor's law firm within the thirty days from the receipt of this notice, the name and address ofthe original creditor will be mailed to the debtor by the creditor's law firm. 7. FEDERAL LAW GFVES YOU THIRTY DAYS AFTER YOU RECEFVE THIS NOTICE TO DISPUTE THE VALIDITY OF THE DEBT OR ANY PART OF IT. THE LAW DOES NOT REQUIRE THAT WE WAIT UNTIL THE END OF THE THIRTY-DAY PERIOD TO CONTINUE WITH THE SUBJECT LEGAL ACTION. IF, HOWEVER, YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY-DAY PERIOD THAT BEGINS WITH YOUR RECEIPT OF THIS LETTER, THE LAW REQUIRES THAT WE SUSPEND OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE MORTGAGE AND NOTE, INCLUDING SEEKING A DEFAULT IN THE FORECLOSURE SUIT FOR YOUR FAILURE TO RESPOND TO THE ATTACHED COMPLAINT WITHIN THE TIME REQUIRED UNDER THE SUMMONS, UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. IF YOU REQUEST VALIDATION OF THE DEBT, AS STATED HEREIN, YOU ARE UNDER NO OBLIGATION TO RESPOND TO THE SUMMONS AND COMPLAFNT UNTIL WE RESPOND WITH THE REQUESTED INFORMATION 8. Written requests should be addressed to Spear & Hoflftnan, P.A., at 9700 South Dixie Highway, Suite 610, Miami, Florida 33156. EXHIBIT "B" T;i5CL03i:;:.i •,-\V:l 11 N. 3 U M ! ^ ^ ^ - ORLANDO, T-i. (407) •425-24'J J INSTR 24»B»9647666 OR BK 082ea PG S^taa PGS=24 Prepared by or under the supervision of: MflRrHfi 0. HAYNIE, COMPTROLLER VHiLftGE FIMNCIAL SERVICES, LLC ORftNGE COUNTY, FL . [Name of•Natural Person] C^-^*"^^ V'VPCh V 09/23/3005 09:13:34 ftM MTG DOC TftX 768.85 11 N. SUMMEmilN AVE. SUITE 275 INTftNG TAX 438.94 [Stre^ Address] REC FEE S05.50 CRLANDO, FL 32801 lOty, StateZip Code] After recording please return to: CHCO SAVINGS BANK ATIN: DOCUMENT CONTRCL [Company Name] [Name of Natural Person] 1111 CHESTER AVE [Street Address] CLEVELAND, OH 4 4 1 1 4 [City, State Zip Code] [Space Above Viis Une For Recxjrding Data] , MORTGAGE MIN: 100162500048546130 DEFINrnONS Words used in multiple sections ofthis document are defined below and other words are defined in Sections 3, 11, 13,18,20 and 21. Certain rules regarding the usage ofwords used in this document are also provided in Section 16. (A) "Security Instrument" means tfais document, which is dated August 31, 2005 .together wiA all Riders to this document. (B) "Borrower" is DIANE SOUDER, A SINGLE WCMftN 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 isorganized and existing under the laws of Delaware, and has an address and telephone number of RO. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. ^ LQfiN NUMBER; 4854613 Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTKUMENT MERS Modified Form 3010 01/01 —"NE CoMiuANCE SOURCE, INC.— Page 1 of 14 14301fl. W04 www.coiiipliajacesource.com O 2004, Tie Compliiocc Source; Inc nc; fNa x-^&i (D) "Lender" is VILLAGE FINANCIAL SERVICES, LLC Lenderisa limitied liability coipany organized and existing under the laws of THE STATE OF FLORIDA Lender's address is 11 N. SUMMERLIN AVE. SUITE 275, QRLANDO, FL 32801 (E) "Note" means the promissory note signed by Borrower and dated August 31, 2005 . The Note states that Borrower owes Lender two hiandred nineteen thousand four hundred seventy and NO/lOOths DoUars (U.S.S 219,470.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fiill not laterthan September 1, 2035 (F) "Property" means the property that isdescribed below under the heading "Transfer of Rights in the Propeity." (G) "Loain" 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 Instniment, plus interest. (H) "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]: | g | Adjustable Rate Rider ^J Condominium Rider | | Second Home Rider I I Balloon Rider | | Planned Unit Development Rider | | Biweekly Payment Rider @ 1-4 Family Rider L J Revocable Trust Rider I I Other(s) [spedfy] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and adininistrativerules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means alldues, fees, assessments and other chaiges tfaat 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, wfaich is initiated througfa an electronic terminal, telepfaonic instrument, computer, or magnetic tq)e so as to order, instruct, or autfaorize afinancialinstitution to debit or credit an account Sucfa term includes, but is not limited to, point-of-sale transfers, automated teller macfaine transactions; transfers initiated by telepfaone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items tfaat are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settiement, award of damages, or proceeds paid by any tfaird party (otfaer tfaan insurance proceeds paid under tfae coverages described in Section S) for: (i) damage to, or destruction of, the Property; (ii) condemnation or otfaer taking of all or any part ofthe P'roperty; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition ofthe Property. (N) 'Mortgage Insurance" means insurance protecting Lender against tfae nonpayment of, or default on, tfae Loan. LOAN NUMBER; 4854613 fiorida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRIMENT MERS Modified Form 3010 01/01 —TBE CoMnjANCE SOURCE, iNC— Page 2 of 14 1430in, HAM www.coiDpliBiicesource.com O 2004, The Coinpliaiice Source, Inc. (O) "Periodic Payment" means tfae regularly scheduled amount due for (i) principaland iiiterest imder tfae Note, plus (ii) any amounts under Section 3 ofthis Security Instrument (P) "RESPA" means tiie Real Estate Settiement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as tfaey might be amendedfi-omtime to time, or any additional or successor legislationor regulation that govems the same subject matter. As used in this Security Instrument "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even ifthe Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party tfaat has taken title to the Property, whether or not that party has assumed Borrower's obUgations under the Note and/or this Security Instrument. County of QRANGE [Type of Recording Jurisdiction], [Name of Recording Jurisdiction] which has a legal description of: SEE ATTACHED EXHIBIT A which currentlyfaasthe address of 911 N. ORANGE AVE #330 [Street] ORLANDO , Horida 32801 [City] [ZipCode] ('Troperty Address"): TOGETHER WTTH aU the improvements now or hereafter erected on the property, and aU easements, appurtenances, and fixtures now or faereafter a part of the property. AU replacements and additions shaU also be covered by this Security Instrument AU ofthe foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS faolds only legal titieto tfaeinterests granted by Borrower in tfais Security Instrument, but, ifnecessaiy to comply witfa law or custom, MERS (as nominee for Lender and Lender's successors and assigns)faastfae right to exercise any or aU of those interests, including, but not limited to, the right to foreclose and seU the Property; and to take any action required ofLender including, but not limited to, releasing and canceling tills Security Instrument BORROWER COVENANTS that Borrower is lawfully seised ofthe estate faereby conveyed andfaasthe rigfat to mortgage, grant and convey the Property and that tiie Property is unencumbered, except for encumbrances of record. Boirower warrants and wiU defend generally tfae titie to tfae Property against aU claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants witfa limited variations by jurisdiction to constitute a unifonn seciuity instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as foUows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower sfaall pay wfaen due tfae principal of, and interest on, the debt evidenced by tfae Note and any prepayment cfaarges and late cfaarges due under tfae Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. P^ments due under the Note and tiiis Security Instrument shall be made in U.S. currency. However, if any cfaeck or otfaer instrument received by Lender as payment under tfae Note or this Security Instrument is retumed to Lender unpaid. Lender may require tfaat any or all subsequent payments due under tfae Note and tfais Security Instrument be made in one or more of tfae following forms, as selected by Lenden (a) casfa; (b) money order, (c) certified cfaeck, bank check, treasurer's cfaeck or casfaier'scheck, provided any sucfa cfaeck is drawn upon an institution wfaose deposits are insured by a federal agency, instrument^ty, or entity; or (d) Electronic Funds Transfer. LOAN NUMBER; 4854613 norida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —THE COMPUANCE SOURCE, INC.— Fage 3 of 14 i43oin.ii/04 www.compliaiicaouice.coin O 2004, Tlie Compliance Source, I n c ^ ^ Payments are deemed received by Lender wfaen received at tfae location designated in the Note or at such odier location as may be designated by Lender in accordance with tfae notice provisions in Section 15. Lender may retam any payment or partial payment ifthe payment or partial payments are insufficient to bring the Loan current Lender, may accept any payment or partial payment insufiGcient to bring the Loan current, witfaout waiver of any ri^tsfaereunderor prejudice to itsrightsto refiise such payment or partial payments in the future, but Lender is not obUgated to apply such payments at the time such payments are accepted. If eacfa Periodic Payment is appUed as of its scfaeduleddue date, tfaen Lender need not pay interest on unappUed fimds. Lender mayfaoldsuch unapplied fimds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time. Lender shaU either apply such funds or retum them to Borrower. If not applied earlier, sucfa funds win be appUed to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower mightfaavenow or in the future against Lender sfaaU reUeve Borrowerfi-ommaking payments due under the Note and this Security Instrument or perfonning the covenants and agreements secured by tfais Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, aU payments accepted and appUed by Lender shall be appUed in tfae foUowing order of priority: (a) interest due under tfae Note; (b) principal due under tfae Note; (c) amounts due under Section 3. Sucfa payments shall be appUed to eacfa Periodic Paymeat in the order in which it became due. Any remaining amounts shall be appUed first to late charges, second to any otfaer amounts due under tbis Security Instrument, and then to reduce the principal balance oftfae Note. If Lender receives a paymentfi-omBonower for a deUnquent Periodic Foment wfaich includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late cfaarge. If mrae than one Periodic Payment is outstanding, Lender may apply any payment receivedfiromBonower to the repayment of tfae Periodic Payments if, and to the extent that, each payment can be paid in fuU. To tfae extent tfaat any excess exists after tfae payment is appUed to tfaefiiUpayment of one or more Periodic Psyments, sucfa excess may be appUed to any late charges due. Voluntaiy prepayments shall be appUedfirstto any prepayment chaises and tfaen as described in the Note. Any appUcation of payments, insurance proceeds, or MisceUaneous Proceeds to principal due under tfae Note shall not extend or postpone tfae due date, or change the amount, ofthe Periodic Payments. 3. Funds for Escrow Items. Bonower sfaall pay to Lender on tfae day Periodic Payments are due under the note, untiltiieNote is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assesstmnts and other items wfaicfa can attain priority over tfais Security Strument as a lien or encumbrance on tfae Prapeity; (b) leasehold payments or ground rents on the Property, ifany; (c) premiums for any and aU insurance requiied by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Bcarower to Lender in lieu of tfae payment of Mortgage Insurance premiums in accordance witfa the provisions of Secticm 10. These items are caUed "Escrow Items." At origination or at aity time during the term of tfae Loan, Leader may require tfaat Community Association Dues, Fees, and Assessments, if any, be escrowed by Bonower, and sudi dues, fees and assessments sfaall be an Escrow Item. Bonower shall promptiy fumish to Lender aU notices of amounts to be paid under tfais Section. Bonower shall pay Lender tfae Funds for Escrow Items unless Lender waives Bonower's obligation to pay the Funds for any or aU Escrow Itenis. Lender may waive Borrower's obligation to pay to Lender Funds for any or aU Escrow Items at any time. Any such waiver m ^ only be in writing. In tfae event of such waiver, Bonower shaU pay directiy, when and where payable, the amoimts due ifor any Escrow Items fcr which payment of Funds has been waived by Lender and, if Lender requires, sfaallfumisfa to Lender receq>ts evidencing sucfa payment witfain sucfa time period as Lender may require. Bonower's obligation to make such payments and to provide receipts shall for aU purposes be deemed to be a covenant and agreement contained in tins Security Instrument, as the pfarase "covenant and agreement" is used in Section 9. If Bonower is obligated to p^ Escrow Items directiy, pursuant to a waiver, and Bonower fails to pay the amount due for an Escrow Item, Lender m ^ exercise its rights under Section 9 and pay sucfa amount and Bonower sfaall then be obUgated under Secticm 9 to repay to Lender any such amount. Lender may revoke tfae waiver as to any or aU Escrow Items at any time by a notice given in accordance witfa Section 15 and, upon such revocation, Bonower shall pay to Lender all Funds, and in sucfa amounts, that are ifaen required under this Section 3. Lender may, at any time, coUect and hold Funds in an amount (a) sufiicient to pennit Lender to apply the Funds at tfae time specifiedunder RESPA, and (b) not to exceed the maximum amount a lender can require under wm MCMBER; 4854613 Florida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3010 01/01 —TfeeCOMnJANCE SOURCE, I N C — Page 4 of 14 14M1FL 1 1 ^ www.oompliancesource.com O 2004, Hie Compliance Source; I n c RESPA. Lender shall estimate the amount of Funds due on the basis of cunent data and reasonable estimates of e}q>enditures of future Escrow Items or otherwise in accordance with AppUcable Law. ITie Funds sfaall be held in an institution wfaose deposits are insured by a federal agency, instrumentaUty, or entity (including- Lender, if Lender is an institution wfaose 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 Bonower forfaoldingancl applying tfae Funds, annually analyzing the escrow account or verifying tfae Escrow Items, unless Lender pays Bonower interest on tfae Funds and AppUcable 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 berequired to pay Bonower any interest or eamings on the Funds. Bonower and Lender can agree in writing,faowever,that interest shall be paid on the Funds. Lender shall give to Bonower, without cfaarge, an annual accounting ofthe Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender sfaaU account to Bonower for the excess fimds in accordance with RESPA. If there isa sfaortage of Funds held in escrow, as defined under RESPA, Lender shall notify Bonower as required by RESPA, and Bonower shallpay to Lender the ^nount necessary to make up the sfaortage in accordance wdtfa RESPA, but in no more tfaan 12 monthly payments. If tfaere is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Bonower as required by RESPA, aiKl Bonower sfaall pay to Lender the amount necessary to make up the deficiency in accordance witfa RESPA, but in no moreflian12 montfaly payments. Upon payment in fiiU of aU sums secured by tfais Security Instrument, Lender shall promptiy refimd to Bonower any Funds held by Lender. 4. Charges; Liens. Bonower sfaallpay all taxes, assessments, charges, fines, and impositions attributable to the Property wfaicfa can attain priority over this Security Instrument, leasehold payments or ground rents on tfae Property, if any, and Community Association Dues, Fees, and Assessments, if any. To tfae extent that these itenis are Escrow Items, Bonower shaU pay them in tfae manner provided in Section 3. Bonower sfaallpromptiy cUscfaai^e any Uen wfaicfa has priority over tfaisSecurity Instrument unless Boirowen (a) agrees in writing to tfae payment of the obUgation secured by the Uen in a manner acceptable to Lendo*, but only so long as Bonower is performing sucfa agreement; (b) contests tfae lien in good faitfa by, or defends against enforcement oftfae Uen in, legal proceedings which in Lender's opinion operate to prevent tfae enforcement oftfae Uen vMle those prcx;eecUngs are pending, but onty until sucfa proceedings are concluded; or (c) secures fi-om the bolder of the lien an agreement satisfactoiy to Lender subordinating tfae lien to tfais Security Instrument If Lenda- determines tfaat any part of tfae Property is subjectto a Uen whicfa can attain priorityover tfais Security Instrument Lender m ^ give Borrower a notice identifying tfae lien.Witfain 10 days oftfaedate on wfaicfa tfaat notice is givoi, Bonower sfaaU satisfy tfae Uenor take one or more oftfae actions set fortfa above in this Section 4. Lender may require Bonower 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. Bonower shaU keep tfae improvements now existing orfaereaftererected on tfae Prc^ity insured against loss byfire,faazardsincluded witfain tfae term "extended coverage," and any othier faazards including, but not limited to, eartfaquakes and floods, for wfaicfa Lender requires insurance.Tfais insurance sfaaU be maintained in tfae amoimts (including deductible levels) and for tfae periods tfaat Lender requires. What Lender requires pursuant to tfaepreceding sentences can cfaange during tfaeterm of tfae Loan. Tfae insurance carrier providing the insurance shaU be cfaosen by Bonower subject to Lender's right to disapprove Bonower's cfaoice, wfaich ri^t shall not be exercised unreasonabty. Lender may require Borrower to pay, in connection witfa tfais Loan, eitfaer (a) a one-time cfaaige for flood zone determination, certification and tracldng services; or (b) a one-time cfaaige for flood zone determination and certificationservices and subsequent cfaargeseacfa time remappings or siinilar cfaanges occur wfaicfa reasonably migfat affect sucfa determination or certification. Bonower sfaall also be responsible for tfae p^rment of any fees imposed by tfae Federal Emergency Management Agency in connection witfa tfae review ofany flood zone determination resultingfi-oman objection by Bonower. If Bonower fails to maintain any oftfae coverages described above, Lender may obtam insurance coverage, at Lender's option and Bonower's expense. Lender is under no obligation to purcfaase any particular type or amount of coverage. Tfaerefore, such coverage sfaall cover Lender, but migfat or migfat not protect Bonower, Bonower's equity in theProperty, or tfae contents oftfae Property, against any risk, hazard or liability and might provide greater LOAN NCMBER; 4854613 Ftorida Mortgage-Single Family-Fannie Mae/Freddie Mac UNIFORM INSIHUMENT MERS Modifled Form 3010 01/01 —TBE CMiFUANCX SOURCE, INC— Page 5 of 14 1430in, 11/D4 www.compliancesourcccom O 2004, The Compliance Souice; Inc ^ or lesser coveragetiianWas previousfy in effect. Bonower acknowledges that the cost ofthe insurance coverage so obtained niight significantiy exceed the cost of insurance tfaatBonower could faave obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Bonower secured by thisSecurity Instiument Th?se amounts shaU bear interest at tfae Note rate from tfae date of disbursement and shall be payable, wifli sucfa interest, upon noticefromLender to Bonower requesting payment. AU insurance policies required by Lender and renewals of sucfa policies shall be subject to Lender'srightto dislqiprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shaU have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptiy give to Lender aU receipts of paid premiums and renewal notices. If Bonower obtains any form of insurance coverage, not otfaerwise required by Lender, for damage to, or destraction of, the Property, such poUcy sfaall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Bonower shall give prompt notice to the insurance canier and Lender. Lender may make proof of loss if not made promptiy by Bonower. Unless Lender and Bonower otherwise agree in writing, any insurance prcKeedSj whether or not the underlying insurance was required by Lender, sfaall be appUed to restoration orrepairoftfae PrcJiperty, ifthe restoration or repair is economicaUy feasible and Lender's security is not lessened. Dining such repair atid restoration period, Lender shall have the right to hold such insurance proceeds until Lender faas had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided tfaat sucfa uispection sfaallbe undertaken promptiy. Lender may disburse proceeds for tfae repairs and restoration in a single payment or in a series ofprogress payments as tfae work is completed. Unless an agreement is made in writing or AppUcable Law requires interest to be paid on sucfa insurance proceeds. Lender sfaall not be required to pay Borrower any interest or earnings on sucfa proceeds. Fees for pubUc adjusters, or otfaer third parties, retained by Bonower shall not be paid out offlie insurance proceeds and shaU be the sole obligation of Bonower. If therestorationor repdr is not economicaUy feasible or Lender's security would be lessened, the insurance proceeds sfaaU be appUed to tfae sums secured by tfais Security Instrument, wfaetfaeror not then due, with the excess, if any, paid to Borrower. SUcfa insurance proceeds sfaaU be qiplied in tfae order provided for in Section 2. If Bonower ablandons the Property, Lender mayfile,negotiate and settle any available insurance claim and related matters. If Borrower does not respond wifliin 30 days to a notice from Lender tfaat the insurance cairier faas offoed to settie a claim, then Lender may negotiate and settie tfae claim. The 30-day period will begin wfaen tfae nc^ce is given. In eitfaer event, or if Lender acquires tfae Property under Section 22 or otfaerwise, Bonower faereby assigns to Lender (a) B