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Filing # 131869471 E-Filed 08/02/2021 04:16:35 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA
CASE NO. 19004409CA
LAKEVIEW LOAN SERVICING, LLC
Plaintiff,
v.
THE UNKNOWN HEIRS, GRANTEES,
DEVISEES, LIENORS, TRUSTEES, AND
CREDITORS OF JOSEPHINE BROWN,
ETAL.
Defendants.
PLAINTIFF'S MOTION TO FILE
SECOND AMENDED COMPLAINT AND MODIFY STYLE
Plaintiff, LAKEVIEW LOAN SERVICING, LLC, by and through its undersigned
attorney, and pursuant to all applicable Florida Rules of Civil Procedure, hereby files this Motion
to File an Amended Complaint, which Amended Complaint is attached hereto, and as grounds
therefore would state as follows:
1. Plaintiff filed its original Complaint for mortgage foreclosure on December 4,
2019.
2. It has come to the attention of the Plaintiff that BETTY BROWN MCCRAY, an
heir of the deceased titleholder/mortgagor JOSEPHINE BROWN is also deceased. It would
therefore be proper to add the heirs of the deceased heir as party defendants.
3. The style of the case should be modified to include the names of the new parties
to-wit; THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND
CREDITORS OF BETTY BROWN MCRAY; JEFFREY TYRONNE MCCRAY A/K/A
1000005434JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY
A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE
MCCRAY; MARILYN FRANCENE MCCRAY LOTT; ASHLEY LATRESEE PATTON;
WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D.
MCCRAY; CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA; STATE OF FLORIDA
DEPARTMENT OF REVENUE.
WHEREFORE, Plaintiff respectfully requests that this Court enter an Order permitting
Plaintiff to file its Amended Complaint as attached hereto and to modify case style.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT a true and correct copy of the foregoing was furnished on
2r XK | day of Ay 2021, to Parties designated in the E-Filing Portal with any Parties listed below
via U.S. Mail: YOoy
MARILYN FRANCENE MCCRAY LOTT
15000 DENNY ST.
MOUNT VERNON, AL 36560
MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER
2702 RIDGEWAY DR.
WITCITA FALLS, TX 76306
ETHEL CARR
2721 E 11TH CT
PANAMA CITY, FL 32401-5005
WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D.
MCCRAY
2721 E. ITH CT
PANAMA CITY, FL 32401
ASHLEY LATRESEE PATTON
3506 E. 2ND CT.
PANAMA CITY, FL 32401
1000005434JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T.
MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A
JEFFERY MCCRARY A/K/A TYRONE MCCRAY
3616 E. 2ND ST.
PANAMA CITY, FL 32401
CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA
C/O CLERK OF CIRCUIT COURT
300 E 4TH ST, #105
PANAMA CITY, FL 32401
STATE OF FLORIDA DEPARTMENT OF REVENUE
C/O EXECUTIVE DIRECTOR
2450 SHUMARD BLVD., BLDG. 1, FLOOR 2
TALLAHASSEE, FL 32399
UNKNOWN SPOUSE OF ETHEL CARR
2721 E UTHCT
PANAMA CITY, FL 32401-5005
UNKNOWN SPOUSE OF JOSEPHINE BROWN
2721 E 11TH CT
PANAMA CITY, FL 32401-5005
UNKNOWN TENANT 1
2721 E 1TH CT
PANAMA CITY, FL 32401-5005
UNKNOWN TENANT 2
2721 E 11TH CT
PANAMA CITY, FL 32401-5005
eXL Legal, PLLC
Designated Email Address: efiling@exllegal.com
12425 28th Street North, Suite 200
St. Petersburg, FL 33716
Telephone No. (727) 536-4911
Attorney for.the Plaintiff
ees
Anna J. Rosenberg
FL Bar: 101551
1000005434IN THE CIRCUIT COURT OF THE FOURTEENTH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA
CASE NO. 19004409CA
LAKEVIEW LOAN SERVICING, LLC
Plaintiff,
v.
THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS. TRUSTEES, AND
CREDITORS OF JOSEPHINE BROWN, DECEASED; THE UNKNOWN HEIRS,
GRANTEES, DEVISEES, LIENORS, TRUSTEES. AND CREDITORS OF BETTY
BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED; THE UNKNOWN
HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF
BEVERLY PATTON, DECEASED; ETHEL CARR: MELVIN FRANKLIN FOSTER
A/K/A MELVIN FOSTER; WANDA DARLENE ROGERS A/K/A WANDA
DARLENE MCCRAY A/K/A WANDA D. MCCRAY: MARILYN FRANCENE,
MCCRAY LOTT; JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE
MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A
JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE,
MCCRAY: ASHLEY LATRESEE PATTON; UNKNOWN SPOUSE OF ETHEL
CARR; UNKNOWN SPOUSE OF JOSEPHINE BROWN: UNKNOWN TENANT 1;
UNKNOWN TENANT 2; BAY COUNTY, A POLITICAL SUBDIVISION OF THE
STATE OF FLORIDA; CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA;
STATE OF FLORIDA DEPARTMENT OF REVENUE
Defendants.
VERIFIED SECOND AMENDED COMPLAINT TO FORECLOSE MORTGAGE
Plaintiff, LAKEVIEW LOAN SERVICING, LLC, sues the Defendant(s), THE UNKNOWN HEIRS,
GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY
A/K/A BETTY MCCRAY, DECEASED; THE UNKNOWN HEIRS. GRANTEES, DEVISEES. LIENORS,
TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED; THE UNKNOWN HEIRS,
GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS OF BEVERLY PATTON, DECEASED:
ETHEL CARR; MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER; WANDA DARLENE ROGERS
/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY: MARILYN FRANCENE MCCRAY
LOTT: JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY
A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A
TYRONE MCCRAY; ASHLEY LATRESEE PATTON; UNKNOWN SPOUSE OF ETHEL CARR:
1000005434UNKNOWN SPOUSE OF JOSEPHINE BROWN: UNKNOWN TENANT 1; UNKNOWN TENANT 2; BAY
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; CLERK OF CIRCUIT COURT
BAY COUNTY, FLORIDA: STATE OF FLORIDA DEPARTMENT OF REVENUE and states:
COUNT I MORTGAGE FORECLOSURE
1. This is an action to foreclose a mortgage on real property located in Bay County, Florida, and by
reason thereof the venue for this matter is in Bay County. Florida.
2. Borrower(s), ETHEL CARR and JOSEPHINE BROWN executed and delivered a Promissory Note
("Note") dated May 16, 2008 in the original principal amount of $71,773.00. Securing payment of the Note,
ETHEL CARR and JOSEPHINE BROWN executed and delivered a Mortgage ("Mortgage") dated May 16,
2008. The mortgage was recorded on June II, 2008. in the Official Records Book 3058, Page 232, of the Public
Records of Bay County, Florida, and mortgaged the property described in the Mortgage. Copies of the Note and
Mortgage are attached hereto.
3. Plaintiff, LAKEVIEW LOAN SERVICING. LLC, is the holder of the note and is entitled to enforce said
mortgage and mortgage note.
4, ETHEL CARR, MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER, JEFFREY TYRONNE
MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY
A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY, MARILYN
FRANCENE MCCRAY LOTT, ASHLEY LATRESEE PATTON AND WANDA DARLENE ROGERS A/K/A
WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY, THE UNKNOWN HEIRS, GRANTEES.
DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY A/K/A BETTY
MCCRAY, DECEASED, THE UNKNOWN HEIRS. GRANTEES, DEVISEES, LIENORS, TRUSTEES. AND
CREDITORS OF JOSEPHINE BROWN, DECEASED AND THE UNKNOWN HEIRS, GRANTEES,
DEVISEES, LIENORS. TRUSTEES, AND CREDITORS OF BEVERLY PATTON is/are the current owner(s)
of the real property which is the subject of the Mortgage.
5. The Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest
arising out of mortgagor or the mortgagor's predecessors in interest.
6, A default exists under the Note and Mortgage as a result of the amounts due under the Note and
Mortgage in that the payment due for June 1, 2019. and all subsequent payments have not been made.
7, Plaintiff has demanded payment of the obligation reflected by the aforesaid Note and Mortgage, but
despite such demand, said default has not been cured.
8. All conditions precedent to the acceleration of the Note and Mortgage and the filing of the instant
foreclosure complaint have been performed. have occurred, or have been waived.
9. Plaintiff declares the full amount payable under the Note and Mortgage to be due.
100000543410. Plaintiff is due the sum of $59,263.92, in principal under the Note and Mortgage. plus interest from
May 1, 2019, together with all sums that may be due for taxes, insurance, escrow advances, and expenses and
costs of suit including but not limited to filing fees, recording fees, title search and examination fees, fees due for
service of process and such other costs authorized by the loan documents. by law, and as may be allowed by the
Court.
LL. Plaintiff is obligated to pay plaintiff's attorneys a reasonable fee for their services. Plaintiff is entitled
to recover its attorneys’ fees under the Note and Mortgage.
12. UNKNOWN SPOUSE OF ETHEL CARR, UNKNOWN SPOUSE OF JOSEPHINE BROWN,
UNKNOWN TENANT | AND UNKNOWN TENANT 2 may have or claim an interest in the Property herein
sought to be foreclosed by virtue of the Property being homestead property and/or defendant(s) occupancy thereof.
Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage.
13. WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D.
MCCRAY, MARILYN FRANCENE MCCRAY LOTT, JEFFREY TYRONNE MCCRAY A/K/A JEFFREY
TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE
MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY AND ASHLEY LATRESEE PATTON
may have or claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of
BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED. Said interest, however, is either invalid
or is subordinate and inferior to the lien of Plaintiff's Mortgage.
14. MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER, may have or claim an interest in the real
property herein sought to be foreclosed by virtue of being an heir of JOSEPHINE BROWN, DECEASED. Said
interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage.
15. THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS
OF BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, and all Claimants, Person or Parties,
natural or corporate, and whose exact legal status is unknown, claiming by, through, under or against BETTY
BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, or any of the herein named or described
Defendants or Parties claiming to have any right, title or interest in and to the property herein described, may
seek to claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of the
deceased. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's
Mortgage.
16. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS
OF JOSEPHINE BROWN, DECEASED. and all Claimants, Person or Parties, natural or corporate. and whose
exact legal status is unknown, claiming by, through, under or against JOSEPHINE BROWN, DECEASED, or
any of the herein named or described Defendants or Parties claiming to have any right, title or interest in and to
the property herein described, may seek to claim an interest in the real property herein sought to be foreclosed by
1000005434virtue of being an heir of the deceased. Said interest, however, is either invalid or is subordinate and inferior to
the lien of Plaintiff's Mortgage.
17. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS
OF BEVERLY PATTON, DECEASED, and all Claimants, Person or Parties, natural or corporate, and whose
exact legal status is unknown, claiming by, through, under or against BEVERLY PATTON, DECEASED. or any
of the herein named or described Defendants or Parties claiming to have any right, title or interest in and to the
property herein described, may seek to claim an interest in the real property herein sought to be foreclosed by
virtue of being an heir of the deceased. Said interest, however, is either invalid or is subordinate and inferior to
the lien of Plaintiff's Mortgage.
18. BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, may have or claim
an interest in the Property that is subject to this foreclosure action by virtue of Second Order to Impose Lien
recorded Official Record Books November 9, 2020, Book 4321, Page 2350, of the Public Records of Bay
County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is
subordinate and inferior to the lien of Plaintiff's Mortgage.
19. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Plea. Waiver, Consent Offered in Absentia recorded
Official Record Books October 3, 2005, Book 2682, Page 1157, of the Public Records of Bay County, Florida or
may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and
inferior to the lien of Plaintiff's Mortgage.
20. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books
December 6, 2006, Book 2861, Page 1515, of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
21. STATE OF FLORIDA DEPARTMENT OF REVENUE. may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books March 9, 2007, Book 2897, Page 139, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
22. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
February 19, 2008, Book 3023, Page 123, of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
100000543423. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
February 19, 2008, Book 3023, Page 127, of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiffs Mortgage.
24. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
April 13, 2009, Book 3144, Page 812, of the Public Records of Bay County, Florida or may otherwise claim an
interest in the Property. Said interest. however, is either invalid or is subordinate and inferior to the lien of
Plaintiffs Mortgage.
25. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books
April 13, 2009, Book 3144, Page 929, of the Public Records of Bay County, Florida or may otherwise claim an
interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
26. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books September 30, 2011, Book 3354, Page 1383. of the Public Records of Bay County, Florida or may
otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior
to the lien of Plaintiff's Mortgage.
27. STATE OF FLORIDA DEPARTMENT OP REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books August 28, 2012. Book 3436, Page 1940, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiffs Mortgage.
28. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books August 2. 2016, Book 3818, Page 1849, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
29. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books January 31, 2019, Book 4085, Page 110, of the Public Records of Bay County, Florida or may otherwise
1000005434claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
30. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books December 11, 2019, Book 4200, Page 1129, of the Public Records of Bay County, Florida or may
otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior
to the lien of Plaintiff's Mortgage.
31. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books March 26, 2020, Book 4236, Page 1496, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
32. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books June 16, 2020, Book 4263, Page 400, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
33. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books June 16, 2020, Book 4263, Page 402, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
34. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Plea, Waiver and Consent Offered in Absentia
recorded Official Record Books October 3, 2005, Book 2682, Page 1157, of the Public Records of Bay County,
Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is
subordinate and inferior to the lien of Plaintiff's Mortgage.
35. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books
December 6, 2006, Book 2861, Page 1515, of the Public Records of Bay County. Florida or may otherwise claim
an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
36. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
1000005434.Books March 9, 2007, Book 2897. Page 139, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
37. CLERK OF CIRCUIT COURT BAY COUNTY. FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
February 19, 2008, Book 3023, Page 123, of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
38. CLERK OF CIRCUIT COURT BAY COUNTY. FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
February 19, 2008. Book 3023, Page 127, of the Public Records of Bay County, Florida or may otherwise claim
an interest in the Property. Said interest. however. is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
39. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books
April 13, 2009, Book 3144, Page 812. of the Public Records of Bay County, Florida or may otherwise claim an
interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
40. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books
April 13, 2009, Book 3144, Page 929, of the Public Records of Bay County, Florida or may otherwise claim an
interest in the Property. Said interest. however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
41. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books September 30, 2011, Book 3354, Page 1383, of the Public Records of Bay County, Florida or may
otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior
to the lien of Plaintiff's Mortgage.
42. CLERK OF CIRCUIT COURT BAY COUNTY. FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books August 28, 2012. Book 3436, Page 1940, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest. however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
100000543443. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books August 2, 2016, Book 3818, Page 1849, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
44. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books January 31, 2019, Book 4085, Page 110. of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
45. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books December 11, 2019, Book 4200, Page 1129, of the Public Records of Bay County, Florida or may
otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior
to the lien of Plaintiff's Mortgage.
46. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books March 26, 2020, Book 4236, Page 1496, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
47. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books June 16, 2020, Book 4263, Page 400, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
48. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the
Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record
Books June 16, 2020, Book 4263, Page 402, of the Public Records of Bay County, Florida or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment:
(a) foreclosing the Mortgage:
1000005434(b) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and
Mortgage:
(c) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in
whole or part;
(d) adjudging that the right, title, and interest of any party claiming by, through, under or against any
Defendant named herein be deemed inferior and subordinate to the Plaintiff s Mortgage lien and forever
be barred and foreclosed;
(e) retaining jurisdiction of this Court in this action to make any and all further orders and
judgments as necessary and proper, including but not limited to re-foreclosure against any subordinate
interest omitted from these proceedings. determining the amounts owed to any condominium or
homeowners association, issuance of writ of possession and the entry of a deficiency, when and if such
deficiency is sought, and only if the parties liable under the Note have not been discharged in bankruptcy
(however no deficiency will be sought if the parties liable under the Note were subject to an order
allowing Plaintiff or its predecessors-in-interest only in rem relief from the bankruptcy automatic stay);
(fy awarding Plaintiff its attorney fees, costs, interest, advances; and
(g) for such other and further relief as this Court deems just and proper.
AMENDED VERIFICATION
Under penalty of perjury. | declare that I have read the foregoing, and the facts alleged therein are true
and correct to the best of my knowledge and belief.
M&T BANK AS ATTORNEY IN FACT FOR
f KEYIEW LOAN SERVICING, LLC
t bak M Amnwey
Signature
Rachel M. Nowicki
Printed Name
Banking Officer
Title
eXL Legal, PLLC
Designated Email Address: efiling@exllegal.com
12425 28th Street North, Suite 200
St. Petersburg, FL 33716
Telephone No. (727) 536-4911
Attorney for the-Plaintiff
a a Anna Judd Rosenberg
“ Florida Bar #101551
NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
1000005434IN THE CIRCUIT COURT OF THE FOURTEENTH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA
CASE NO
SELENE FINANCE LP
Plaintiff,
ve
ETHEL CARR; JOSEPHINE BROWN;
AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER OR
AGAINST THE ABOVE NAMED
DEFENDANT(S), WHO (IS/ARE) NOT
KNOWN TO BE DEAD OR ALIVE,
WHETHER SAID UNKNOWN PARTIES
CLAIM AS HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES, SPOUSES, OR
OTHER CLAIMANTS,
Defendants.
CERTIFICATION OF ORIGINAL NOTE
The undersigned hereby certifies:
1, That Plaintiff is in possession of the original promissory note upon which this action is
brought.
2. The location of the original promissory note is 12425 23TH STREET NORTH, SUITE
200, ST. PETERSBURG, FL 33716.
we
The name and title of the person giving the certification is: Gaylyn Leach, Original
Document Processor for Plaintiff's attorneys, eXL Legal, PLLC.
10000054344. The name of the person who personally verified such possession is: Gaylyn Leach,
Original Document Processor for Plaintiff's attorneys, eXL Legal, PLLC.
a
The time and date on which possession was verified were: at 11:00 am.
6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or
assignments of the note) are attached to this certification.
7, I give this statement based on my personal knowledge.
Under penalties of perjury, | declare that I have read the foregoing Certification of
Possession of Original Note and that the facts stated in it are true.
Type Name Here: Gaylyn Leach
Title: Original Document Processor
Date: November 14, 2019
1000005434an
g
€
Ww
wy
9
Os
Ws
Composite Exhibit A
NOTE
| em
May 16, 2008
Wasct
2721 E. 11th Court
PANAMA CITY, FL 32401
Merpars &
1 PARTIES
“Thoerower” micas cach person atthe end of this Note, art the porsan’s successors and assigns. “Lender
iscans Taylor, Bean & Whitaker Mortgage Corp.
and its suecessors and assigns
BORROWER’S PROMISE TO PAY; INTEREST
to rotuen for a foan coceived thoi Lender, Borrower promises to pay the prinvipal sua af Seventy One Thousand
Seven Hundred Seventy Three and no/100 Dotlars
WS. $74,773.00 }. plas interest, to the onder of Lender, lnterest will be charged on unpaid
principal, tom the dave of disbursement of the foan proceeds hy Lender, at the rate of Six and One Half
at 6.5000". per year until the full antount of pringipal has been pad.
PROMISE TO PAY SECLRED
Honater § promi t pay is secured by a morgage. decd of ust or similar security instrument that is dated the same
aktic as this Note and called the “Security Instrament” Ths ty Instrument protects the Lender from tosses which might
sesdt if Toros er defaults wader this Note.
MANNER OF PAYMENT
«4 Time
Rorower shall rake a payment of principal and interest ty Lender on the first diy of each month beginning on
July 01, 2008 Ans principal and interest remaining on the first day of Sune 2038
sill be adie on that date. which is called the “Mauuirity Date,
(G) Place
Pasicnt shall be made at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL
34475
or at such other place as Lender may designate in writing by notive to Borrower.
(Oy Vavonnt
ts mouthly payment ot principal and interest will be in the ammount of US, $459.65
cant Tbe ce qionthly payment required by the Security Instrument. that shall be applied to principal,
interest and other items in the ordyr desctibed in the Security Lastruaient.
hart ol a kar
PEARED) PHA BINED KATE SOUL 0%(Dy) Atfonge to thi Note for Payment Adjustments
WP altong 3 for payment adjustments & executed by Boruiver together with this Note. the covenants 6f the
aillonge shall be incorporated inte and shall amend and supplement the covenants of this Note as if the allonge were a part of
this Note: (Check appli
provi
bev
Growing hauity Allonge (2 Graduated P
pment Monge
[LL Onher [specits]
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right ts pay the debt evidenced by this Note. in whote or in part without charge or penalty un the First
fay of any tonth, Lender shall accept prepayment on ther dass provided that Rerrawvee p moun prepaid
for the remainder of the month fo the extent requited by Lender and permitted by regulations of the Sceretary, If Borrower
akes a partial prepayment, there sill be ne changes in the dive date or in the amountof the monthly payment unless Lender
sepoes in ssriting te these changes,
> interest ond
6 BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
UF Lender has wot received the full monthly payment requived by the Security Instrument, as described in Paragraph 44}
obthis Note, by the end of fiticen calendar days atter the pazment iy due, Lender may collect a late charge ii the amount of
Four percent ¢ 4.0 *4) of the overdue amount of eack payment.
(By) Defante
IGornower defaults by failing to pay io fall any monthly payment, then Lender may. except as limited by regulations of
the Seeretiry in the case of payment detitults, require immediate payment in full of the principal balance remaining
all accrued interest, Louder may vhouse aot to exercise this aption without waiving its rights in the event of any subsequent
detiutt, In aany circumstances regulations issued by the Secretary will finsit Lender’s rights to require immediate payment in
tull ia the cave of pagment defaults, This Note dees not authorize acceleration when not permitted by HUD regulations. As
“yoctetity ” means the Seeretary of Housing and Urban Development or his or her des
(C) Payment af Costs and Expenses
ff Lender fas required immediate payment in full, as deseribed above, Lender may require Borower t pay costs and
expeuses including reasonable and et tomeys’ fees Ror enforcing this Note to the extent not prohibited by applicable
ayy, Suclt fees and costs shall bear interest from the date of disbursement at the same nate as the principal of this Nowe.
du and
used in this Note,
stent
WAIVERS
Bonewer
J any other person whe has obligations under this Note waive the rights of presentment and notice of
we. MPrescntmicitt™ micans tle Fight to reguite Lender te demand payment of amounts due. “Notice of dishonor” means
e Fight w vequie Lender to give notice to ather persons that amounts duy have nat been plaid,
8. GIVING OF NOTICES
Caless applivable how requires 3 different method, any aotiee that must be given te Borrower under this Note will be
shen by delivering it vr by matting it by fest class mail (0 Borrower at the property address above or at a different address if
. n Lender a notice of Borrower's different address,
Any siutice that must be given to Lender onder this Note will be given by first class mail to Lender at the address stated
1B) ov ats different addiess if Borrower is given a notice of that different addvess
wer hats
ins Paragraph
9. OBLIG VTIONS OF PERSONS UNDER THIS NOTE
Te anore than oe person signs this Nate, each person is fully and personally obligs
ii this Note, including the promise to pay the full amount owed. Any person wh is
Site is alse ob sbligations af &
uaruitor, strety or endorser of this Note, is also obligated to keep all of the promises made in this Noe. Lender may enforce
ite righty under this Note against each person individually. oF at alries toyether, Any one person signing this
Nore nay he requited to pay all of the amounts owed under this Note
ted ta heep all of the promises made
grantor, surety or endorser of thiy
ted to do these things, Any persion why takes over these wbligations. including
PEORIA FIXED RATE NOTE1, DOCUMENTARY TAN
The state documentary ti due on this Note fits been paid om the me
ce securing this indebiedness,
BY SIGMING BLOW, Borrower aecepts aad agrees ts the terms and covenants contained in pages | through 3 of this
>
Ethel Carr
- (Seat)
(Seal)
“Beoerower
(Sealy
Sh tis, Lh ~.tSea
Josephine Brown Fewer
- ~ (seal ~
Be
Without recourse, pay to the order st
By: Taylor, Bean & Whitaker
Mortgage Corp.
Enfa Carter-Sha
FLORID.CEELY FIXED RATE NOTE
Piatorses
[Sig Originat Only}Composite Exhibit A
Sone Jessica Cunningham |
Taylor, Bean & Whitaker Mortgage Corp,
1417 North Magnolia Ave ss rooeassaes
Fite
Ocala, FL 34475 er Aee ast 259
RECORDED 06/11/08 14:47:01
owns: CARL M. SUGARMAN Harold Bazzel, Clerk
‘Bay County, Florida
17345 S. DIXIE HWY DOC STMP-M; $281.30
INT TAX: $143.55
i DEPUTY CLERK GB
) 2
: ‘Trans # 879622
|
Isace Aline 1
MORTGAGE
THIS MORTGAGE (Secarity Iostruntentt” i
the mortgagor is Ethel Carr and and Josephine Brown jocliy SS? wale PeesenSs
iven on May 16, 2008
CRorrower), This Security Instrument is given to
gave Ltcctronic Registation Systems. Ine. COMERS") MERS is a separate corporation that is aoting silely as nominee
lor Lender aint Lender's sevessors sind s. MERS is the mortgagee under this Security tusteument, MERS is
sauized and esisting wider the hasss of Delaware, and fas an address and telephone number of P.O. Box 2026. Flint, MI
ASSL 2026, tel. (888) 674-MERS, Taylor, Bean & Whitaker Mortgage Corp.
Lender") is organized and esisting
ander thy hows of PL ~ and
juss sit adhe of 1417 North Magnolia Ave, Ocala, FL 24475
Homoner oes Lender the principal sun of Seventy One Thousand Seven Hundred Seventy Three and no/t00
Dollars (8. $74,773.00 A
This debe is evidenced by Borrower's note dated the same date as this Security Instrument Note"). which provides for
emmathly payments, with tle full debt, iC not paid earlier. due and payable on June 01, 2038
This Si Instrument secures to Fender. (a) the repayment of the debt evidenced by the Note. with interest. and all
renewab, esterisions and nrodifications of the Note: cb) the payment of all 0
VT ty protect the security of this Security lnstroment: and (c) the performance of Borrower's covenants and
ant and conv
1s of MERS the
a
sts. with interest, advanced under
a
ements wider this Security Insiruaieat aad the Note, For this purpose, Borrower does hereby mortya
fe MERS Gsdely as nosninge for Lender and Lendee's successors and assigns) and fo the successors and as
Following described property fueated in BAY “County. Florida:
HEORIEV FLY MORTGAGE m0
ers
19702_20071119,100002See Attached Exhibit A.
which has tity addres of 2721 E. 11th Court
Saget}
PANAMA CITY Florida 32401 ePraperty Address",
rie) pce}
TOULTHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances.
sind Fixnires now or hereafier a patt af the property. AL replacements and additions shall also be covered by this Security
instrument, AIL of the toregeing is eetevved 40 in this Security Instrument as the “Property ° Borro
that MERS holds only legal dle 19 the interests granted 8 Borrower in this Security Instrument: but, if necessary lo comply
swith haw or custom. MERS (ts nominey for Lender and Lender's suogessors and assigns) has the right: to exercise any or all
ut those inierests. fnctading. but not limited 0, the right to foreclose and sell the Property: and to lake any action required of
Fcnder inctuting. but not limited to, releasing or canceling this Security bisteument,
BORROWER COVENANTS thar Borrower is Liwtully seised of the estate hereby conveyed and hay the right te
mortgage. glint dud convey the Property and that the Property is unencumbered, except for encumbrances of record
Borrower ssatrants and will defend generally the tide 10 the Property against all claims and demands, subject to any
encumbrites af record.
FUIS SECURIFY INSTRE MENT combines uniform covenams for national use and non-uniform covenants. with
Hianitest va
as by jurisdiction to constitute a uniform security instrument covering real property
USTLORM COVPSN ANTS, Borronter and Lender cov cnimt sind aeree as follows
1. Payment af Principal, Interest and Late Charge, Borrower shall pay when due the principal of, and interest on,
Ge debt evidenced by the Note and late charges due under the Note
2. Monthly Payment af Vaves, Insurance, and Other Charges. Borrower shall include in each monthly payment.
together with the priucipal and fiterest ay set fol ia the Note and any lite charges, a sunt for (ay tayes and special
assvssments fevied or fo be Fevied against the Property. (by leasehold payments or ground rertts a the Property, and (0
premiums tor ins required under parageaph 4. In any year in which the Lender must pas ame
premium to the Secretar of Housing and Urban Desclopment (Sectetaey wim which such premium wottkd
hove been required if Lender stilt held the Security fnytrument, ect monthly payment shall alse include either: Gi) a sum for
the anneal mortgage insurance premium to be paid by Lender to the Secretary. of Gi} a monthly charge instead of a mortg,
insurance premium if this Security tusirument is held Oy the Secretary. int a reasonable amount to be determined by the
Scoretary, Except tor the monthly charge by the Secretary, these items are called “Escrow tems” and the sums paid
Lender are called “Escrans Funds.”
Lender ory. at any inte, collect and hokd amounts for Escrow Htemis in an aggregate amount not to exceed the
mmasimum amount that may be required for Bormower’s escrom account under the Real Estate Settlement Procedures Act af
WE TIL S.C y 2601 ct seq. and implementing regulations. 24 CFR Part 3500, as they aray be amended from time ta time
CRE SIA excep that the cushion or reese permitted by RESP. for unanticipated disbursements or dishursements before
the Borrower's payments are available in the account may not be based on amounts due far the mortgage insurance premium,
Ie the amounts held by Lender for Fyeroy Hems exceed the amounts permitted to be held by RESP, Lender shall
scout ts Borrower for the evcess tinds ie required by RESPA. HF de amounts of funds held by Lender at any time
cient to pap he Bovcow thems when dae. Leader tay notify the Borrower and require Bon
das pertnicted by RESP
re not
ver fo make up the shortaze
ELORRIN TIEN MOR EG VGr
ees GeassThe Escres Funds wae pledged as additional security ter all sunis secured by this Security Instrument. Hf Borrower
twraters bs Lettder the Hill payment of all such sums, Borrower's account shall be credited with the balance reataining far all
anotaltmient items Gal, Cok, and () and any mortgage instirance premium installment that Lender has not become obligated t©
and Lender shall promptly refund any evcess ttads to Rorrover, Immediately prior to a foreclusure sake
sining for att
pay to the Secreta
wf the Property ue its acquisition by Lender, Borrower's account shall be credited with any balance cen
instatnsents tor items Gul tb, aad £01,
3. Application of Payments, Ail payments ander paragraphs # and 2 shall be appticd by Lender as follows.
FIRST. 6 the merigaye insurance premium to be paid by Lender to the Seere! 2 by
the Seeretary instead of the manthly morte race premium,
SECOND, to any taxes, special assessments. leasehok! payntents or grund rents, and fire, flood and other
hazed insurance premiums, as requited:
FHIRD, t0 interest due imder the Nore;
POUR TH io amortization of the paineipal al the Net
FIFTH. te fate charges due under the Note,
4. Fire, Flood and Other Hazard insis
in existence or subsequently erected. against any
ser te the monthly charg
ice, Borronser shall insure all improvements on the Property, whether nos
ualties. and gon Ws fire. for which Lender
Fequites insuranes. Tins insurance shall be maintained in the amounts and for the periods that Lender requites, Borrower shall
also insure all immpres ements on the Property. whether nov in existence or subsequently erected. against loss by floods te the
ewene required by the Secretary. AML insurance shall be carried with companies approved by Lender, The insurance policies
and any renewals shall be held by Lender and shall include toss payable clauses in fiver of, and in a for acceptable fo,
wards, «
Tender
{n the event of toss, Bocowver shall sive Lender immediate notice by mail, Lender may make proot of loss if not made
Fromiptiy by Rernawer, Fach insurance company concemed is hereby authorized and divected to: make payment for such foss
directly Gof ender instead of te Boomer and to Lender jointly, AILur any part of the insurance proceeds may be applied by
Lender. at its option, either (a) to the reduction of the indebtedness under the Note Security Instrument. first to any
delinquent amounts applied in the order in parayeaph 5 and than to prepay ment of ps |. oF (b) 6 the restoration vr repair
of the dunriged Property. Any application of the proceeds to the principal shall not extend er postpone the due date of the
sly graph 2. of change the amount of stich payments, Any excess insurance
Pyovecds over an amount required to pay all outstanding indebtedsiess under the Note and this Security Instrument shall be
te the etuity fegally ctitled thereto.
fr tte event of torcctosure of this Seoutiqy Lastrument of other transter of title to the Property that extinguishes the
indehveditess, aL right athe gad interest of Borrower ia sind to insurance policies in Force shall pass to the purchaser
Occupancy, Preservation, Maintenance and Protection af the Property; Borrawer's Loan Application;
Leaschulds. Borower shall occupy, establish. and use the Property ay Borrower's principal residence within sixty days after
the evecution of this Security Lastrument (or within sixty days of a later sale or wansfer af the Property) and shall continue 6
occu The Property as Homower’s principal residence far at least one year after the date of oceupaney, unless Lender
determines that requirement will cause andue hardship fer Borrower. or unless extenualing circumstances exist which are
Gepond Horower's control, Rarrower shall wotify Lender of any evtenuating circumstances. Borrower shall net commit
ehty oF allow the Property to deteriorate, reasonable wear and teat
ssvepted, Lender may inspect the Property ifthe Property és vacant or abandoned or the Joan is iat default, Lender mtay take
Feasnable aotion fe praect and preserve such vacant of abandoned Property. Borrower shall also be in default if Bomower
during the Joan application process, 2
provide Lender with any material information) in connection with the Ioan evidenced by the Note. inehuding, but not limited
th. representations concerning Borrower's occupancy of the Property. as a principal residence. UF this Security Instrument is
ot a leasehold. Borrower shall comply with the provisions of the lease. If Borrower acquites fee tile 1 the Property, the
Ieasehiitd aid fee title shall nor be ae gives to the merger in writing
Condemnation. the proceeds of any award or claim for damages. direct or consequential, in connection with any
condemnation oF other thing af any part of the Property, or for conveyance in place of condemnation. are hereby assigned
and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this
Security Instrument, Leader shall apply such proceeds to the reduction of the indebtedness auder the Note and this Security
intone, first wo any delinquent amounts applied ia the order pros ided in paragraph 3, and then to prepay ment af principal
Vy application of the proceeds te the principal shall aot extend or pustpone the due date of the monthly payments, which ace
mots avhich are relented 6» in par
iste or destroy. dhamuage or substantially change the Pr
re rateriatlly false or inaccurate intormaticn or statements to Lender tor fitiled 40
d unless Lender
PEORIA HI MOKEG AGE
ersreflrted ta in pare: 2 the amount of such payments, Lay excess proceeds over an amount required to pay all
indebtedness sinder the Note aud uhis Security Instrument shall be paid to the entity legally entitled sherews,
ges Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental
oc nitnivipsl charges, fines and impositions ditt raph 2, Borrower shall pay these obligations oa time
diveotty 1 the entity which is owed the payment, UF failure ws pay would adversely atteet Lender's interest in the Property
upoa Lender's request Borrower shall promptly furnish to Lender receipts evidencing these pay ments,
I Horrower tails to make these payments or the payinents requited by paragraph 2. or ily w perform ay other
cusenamts aid aereements contained in this Security Instrument, ar there is a lezal proceeding that may significantly attect
his ia the Property (stick as a proceeding in bantkrupicy. for condemnation or to enforce laws of regulations}, then
Fender nay des and pay Ns in the Property
including payment of ses, hazad insurance and other items mentioned in paragraph 2
Any amounis disbursed by Lendee under this paragraph shall become an additional debt af Borrower and be secured by
this Security lastrument, Fhese amounts shall bear interest from the dite af disbursement at the Note rate, and at the option af
Lender stall be immediately duc sind pas able
Bonower shall promptly discharze any tien which has privity over this Security Instrument unless Borrower: a) agrees
in waiting 16 the pay mem of the obligation secured by ihe lien én «manner acceptable to Lender: tb} contests in good faith the
lin by. or defends against enforcement of the Hien i proceedings which in the Lender's opinion operate to prevent the
vntorcenicnt of the hier: of (el secures ttont the folder of the lien an agreement satisfactory 10 Lender subordinatiog the tien
Preview
Filing # 131869471 E-Filed 08/02/2021 04:16:35 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO. 19004409CA LAKEVIEW LOAN SERVICING, LLC Plaintiff, v. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, ETAL. Defendants. PLAINTIFF'S MOTION TO FILE SECOND AMENDED COMPLAINT AND MODIFY STYLE Plaintiff, LAKEVIEW LOAN SERVICING, LLC, by and through its undersigned attorney, and pursuant to all applicable Florida Rules of Civil Procedure, hereby files this Motion to File an Amended Complaint, which Amended Complaint is attached hereto, and as grounds therefore would state as follows: 1. Plaintiff filed its original Complaint for mortgage foreclosure on December 4, 2019. 2. It has come to the attention of the Plaintiff that BETTY BROWN MCCRAY, an heir of the deceased titleholder/mortgagor JOSEPHINE BROWN is also deceased. It would therefore be proper to add the heirs of the deceased heir as party defendants. 3. The style of the case should be modified to include the names of the new parties to-wit; THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCRAY; JEFFREY TYRONNE MCCRAY A/K/A 1000005434JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY; MARILYN FRANCENE MCCRAY LOTT; ASHLEY LATRESEE PATTON; WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY; CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA; STATE OF FLORIDA DEPARTMENT OF REVENUE. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order permitting Plaintiff to file its Amended Complaint as attached hereto and to modify case style. CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT a true and correct copy of the foregoing was furnished on 2r XK | day of Ay 2021, to Parties designated in the E-Filing Portal with any Parties listed below via U.S. Mail: YOoy MARILYN FRANCENE MCCRAY LOTT 15000 DENNY ST. MOUNT VERNON, AL 36560 MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER 2702 RIDGEWAY DR. WITCITA FALLS, TX 76306 ETHEL CARR 2721 E 11TH CT PANAMA CITY, FL 32401-5005 WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY 2721 E. ITH CT PANAMA CITY, FL 32401 ASHLEY LATRESEE PATTON 3506 E. 2ND CT. PANAMA CITY, FL 32401 1000005434JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY 3616 E. 2ND ST. PANAMA CITY, FL 32401 CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA C/O CLERK OF CIRCUIT COURT 300 E 4TH ST, #105 PANAMA CITY, FL 32401 STATE OF FLORIDA DEPARTMENT OF REVENUE C/O EXECUTIVE DIRECTOR 2450 SHUMARD BLVD., BLDG. 1, FLOOR 2 TALLAHASSEE, FL 32399 UNKNOWN SPOUSE OF ETHEL CARR 2721 E UTHCT PANAMA CITY, FL 32401-5005 UNKNOWN SPOUSE OF JOSEPHINE BROWN 2721 E 11TH CT PANAMA CITY, FL 32401-5005 UNKNOWN TENANT 1 2721 E 1TH CT PANAMA CITY, FL 32401-5005 UNKNOWN TENANT 2 2721 E 11TH CT PANAMA CITY, FL 32401-5005 eXL Legal, PLLC Designated Email Address: efiling@exllegal.com 12425 28th Street North, Suite 200 St. Petersburg, FL 33716 Telephone No. (727) 536-4911 Attorney for.the Plaintiff ees Anna J. Rosenberg FL Bar: 101551 1000005434IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO. 19004409CA LAKEVIEW LOAN SERVICING, LLC Plaintiff, v. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS. TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED; THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES. AND CREDITORS OF BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED; THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BEVERLY PATTON, DECEASED; ETHEL CARR: MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER; WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY: MARILYN FRANCENE, MCCRAY LOTT; JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE, MCCRAY: ASHLEY LATRESEE PATTON; UNKNOWN SPOUSE OF ETHEL CARR; UNKNOWN SPOUSE OF JOSEPHINE BROWN: UNKNOWN TENANT 1; UNKNOWN TENANT 2; BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA; STATE OF FLORIDA DEPARTMENT OF REVENUE Defendants. VERIFIED SECOND AMENDED COMPLAINT TO FORECLOSE MORTGAGE Plaintiff, LAKEVIEW LOAN SERVICING, LLC, sues the Defendant(s), THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED; THE UNKNOWN HEIRS. GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED; THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS OF BEVERLY PATTON, DECEASED: ETHEL CARR; MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER; WANDA DARLENE ROGERS /K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY: MARILYN FRANCENE MCCRAY LOTT: JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY; ASHLEY LATRESEE PATTON; UNKNOWN SPOUSE OF ETHEL CARR: 1000005434UNKNOWN SPOUSE OF JOSEPHINE BROWN: UNKNOWN TENANT 1; UNKNOWN TENANT 2; BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA; CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA: STATE OF FLORIDA DEPARTMENT OF REVENUE and states: COUNT I MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage on real property located in Bay County, Florida, and by reason thereof the venue for this matter is in Bay County. Florida. 2. Borrower(s), ETHEL CARR and JOSEPHINE BROWN executed and delivered a Promissory Note ("Note") dated May 16, 2008 in the original principal amount of $71,773.00. Securing payment of the Note, ETHEL CARR and JOSEPHINE BROWN executed and delivered a Mortgage ("Mortgage") dated May 16, 2008. The mortgage was recorded on June II, 2008. in the Official Records Book 3058, Page 232, of the Public Records of Bay County, Florida, and mortgaged the property described in the Mortgage. Copies of the Note and Mortgage are attached hereto. 3. Plaintiff, LAKEVIEW LOAN SERVICING. LLC, is the holder of the note and is entitled to enforce said mortgage and mortgage note. 4, ETHEL CARR, MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER, JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY, MARILYN FRANCENE MCCRAY LOTT, ASHLEY LATRESEE PATTON AND WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY, THE UNKNOWN HEIRS, GRANTEES. DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, THE UNKNOWN HEIRS. GRANTEES, DEVISEES, LIENORS, TRUSTEES. AND CREDITORS OF JOSEPHINE BROWN, DECEASED AND THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS. TRUSTEES, AND CREDITORS OF BEVERLY PATTON is/are the current owner(s) of the real property which is the subject of the Mortgage. 5. The Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in interest. 6, A default exists under the Note and Mortgage as a result of the amounts due under the Note and Mortgage in that the payment due for June 1, 2019. and all subsequent payments have not been made. 7, Plaintiff has demanded payment of the obligation reflected by the aforesaid Note and Mortgage, but despite such demand, said default has not been cured. 8. All conditions precedent to the acceleration of the Note and Mortgage and the filing of the instant foreclosure complaint have been performed. have occurred, or have been waived. 9. Plaintiff declares the full amount payable under the Note and Mortgage to be due. 100000543410. Plaintiff is due the sum of $59,263.92, in principal under the Note and Mortgage. plus interest from May 1, 2019, together with all sums that may be due for taxes, insurance, escrow advances, and expenses and costs of suit including but not limited to filing fees, recording fees, title search and examination fees, fees due for service of process and such other costs authorized by the loan documents. by law, and as may be allowed by the Court. LL. Plaintiff is obligated to pay plaintiff's attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees under the Note and Mortgage. 12. UNKNOWN SPOUSE OF ETHEL CARR, UNKNOWN SPOUSE OF JOSEPHINE BROWN, UNKNOWN TENANT | AND UNKNOWN TENANT 2 may have or claim an interest in the Property herein sought to be foreclosed by virtue of the Property being homestead property and/or defendant(s) occupancy thereof. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 13. WANDA DARLENE ROGERS A/K/A WANDA DARLENE MCCRAY A/K/A WANDA D. MCCRAY, MARILYN FRANCENE MCCRAY LOTT, JEFFREY TYRONNE MCCRAY A/K/A JEFFREY TYRONE MCCRAY A/K/A JEFFREY T. MCCRAY A/K/A JEFFREY MCCRAY A/K/A JEFFERY TYRONNE MCCRAY A/K/A JEFFERY MCCRARY A/K/A TYRONE MCCRAY AND ASHLEY LATRESEE PATTON may have or claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 14. MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER, may have or claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of JOSEPHINE BROWN, DECEASED. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 15. THE UNKNOWN HEIRS, GRANTEES, DEVISEES. LIENORS, TRUSTEES, AND CREDITORS OF BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, and all Claimants, Person or Parties, natural or corporate, and whose exact legal status is unknown, claiming by, through, under or against BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, DECEASED, or any of the herein named or described Defendants or Parties claiming to have any right, title or interest in and to the property herein described, may seek to claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of the deceased. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 16. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED. and all Claimants, Person or Parties, natural or corporate. and whose exact legal status is unknown, claiming by, through, under or against JOSEPHINE BROWN, DECEASED, or any of the herein named or described Defendants or Parties claiming to have any right, title or interest in and to the property herein described, may seek to claim an interest in the real property herein sought to be foreclosed by 1000005434virtue of being an heir of the deceased. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 17. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF BEVERLY PATTON, DECEASED, and all Claimants, Person or Parties, natural or corporate, and whose exact legal status is unknown, claiming by, through, under or against BEVERLY PATTON, DECEASED. or any of the herein named or described Defendants or Parties claiming to have any right, title or interest in and to the property herein described, may seek to claim an interest in the real property herein sought to be foreclosed by virtue of being an heir of the deceased. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 18. BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Second Order to Impose Lien recorded Official Record Books November 9, 2020, Book 4321, Page 2350, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 19. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Plea. Waiver, Consent Offered in Absentia recorded Official Record Books October 3, 2005, Book 2682, Page 1157, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 20. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books December 6, 2006, Book 2861, Page 1515, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 21. STATE OF FLORIDA DEPARTMENT OF REVENUE. may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books March 9, 2007, Book 2897, Page 139, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 22. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books February 19, 2008, Book 3023, Page 123, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 100000543423. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books February 19, 2008, Book 3023, Page 127, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage. 24. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books April 13, 2009, Book 3144, Page 812, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest. however, is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage. 25. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books April 13, 2009, Book 3144, Page 929, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 26. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books September 30, 2011, Book 3354, Page 1383. of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 27. STATE OF FLORIDA DEPARTMENT OP REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books August 28, 2012. Book 3436, Page 1940, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage. 28. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books August 2. 2016, Book 3818, Page 1849, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 29. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books January 31, 2019, Book 4085, Page 110, of the Public Records of Bay County, Florida or may otherwise 1000005434claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 30. STATE OF FLORIDA DEPARTMENT OF REVENUE, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books December 11, 2019, Book 4200, Page 1129, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 31. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books March 26, 2020, Book 4236, Page 1496, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 32. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books June 16, 2020, Book 4263, Page 400, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 33. STATE OF FLORIDA DEPARTMENT OF REVENUE , may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books June 16, 2020, Book 4263, Page 402, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 34. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Plea, Waiver and Consent Offered in Absentia recorded Official Record Books October 3, 2005, Book 2682, Page 1157, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 35. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books December 6, 2006, Book 2861, Page 1515, of the Public Records of Bay County. Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 36. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record 1000005434.Books March 9, 2007, Book 2897. Page 139, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 37. CLERK OF CIRCUIT COURT BAY COUNTY. FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books February 19, 2008, Book 3023, Page 123, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 38. CLERK OF CIRCUIT COURT BAY COUNTY. FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books February 19, 2008. Book 3023, Page 127, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest. however. is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 39. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Civil Judgment recorded Official Record Books April 13, 2009, Book 3144, Page 812. of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 40. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Final Judgment recorded Official Record Books April 13, 2009, Book 3144, Page 929, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest. however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 41. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books September 30, 2011, Book 3354, Page 1383, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 42. CLERK OF CIRCUIT COURT BAY COUNTY. FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books August 28, 2012. Book 3436, Page 1940, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest. however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 100000543443. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books August 2, 2016, Book 3818, Page 1849, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 44. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books January 31, 2019, Book 4085, Page 110. of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 45. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books December 11, 2019, Book 4200, Page 1129, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 46. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books March 26, 2020, Book 4236, Page 1496, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 47. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books June 16, 2020, Book 4263, Page 400, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 48. CLERK OF CIRCUIT COURT BAY COUNTY, FLORIDA, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of Judgment and Sentence recorded Official Record Books June 16, 2020, Book 4263, Page 402, of the Public Records of Bay County, Florida or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment: (a) foreclosing the Mortgage: 1000005434(b) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and Mortgage: (c) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or part; (d) adjudging that the right, title, and interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior and subordinate to the Plaintiff s Mortgage lien and forever be barred and foreclosed; (e) retaining jurisdiction of this Court in this action to make any and all further orders and judgments as necessary and proper, including but not limited to re-foreclosure against any subordinate interest omitted from these proceedings. determining the amounts owed to any condominium or homeowners association, issuance of writ of possession and the entry of a deficiency, when and if such deficiency is sought, and only if the parties liable under the Note have not been discharged in bankruptcy (however no deficiency will be sought if the parties liable under the Note were subject to an order allowing Plaintiff or its predecessors-in-interest only in rem relief from the bankruptcy automatic stay); (fy awarding Plaintiff its attorney fees, costs, interest, advances; and (g) for such other and further relief as this Court deems just and proper. AMENDED VERIFICATION Under penalty of perjury. | declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. M&T BANK AS ATTORNEY IN FACT FOR f KEYIEW LOAN SERVICING, LLC t bak M Amnwey Signature Rachel M. Nowicki Printed Name Banking Officer Title eXL Legal, PLLC Designated Email Address: efiling@exllegal.com 12425 28th Street North, Suite 200 St. Petersburg, FL 33716 Telephone No. (727) 536-4911 Attorney for the-Plaintiff a a Anna Judd Rosenberg “ Florida Bar #101551 NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000005434IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO SELENE FINANCE LP Plaintiff, ve ETHEL CARR; JOSEPHINE BROWN; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER OR AGAINST THE ABOVE NAMED DEFENDANT(S), WHO (IS/ARE) NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES CLAIM AS HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, SPOUSES, OR OTHER CLAIMANTS, Defendants. CERTIFICATION OF ORIGINAL NOTE The undersigned hereby certifies: 1, That Plaintiff is in possession of the original promissory note upon which this action is brought. 2. The location of the original promissory note is 12425 23TH STREET NORTH, SUITE 200, ST. PETERSBURG, FL 33716. we The name and title of the person giving the certification is: Gaylyn Leach, Original Document Processor for Plaintiff's attorneys, eXL Legal, PLLC. 10000054344. The name of the person who personally verified such possession is: Gaylyn Leach, Original Document Processor for Plaintiff's attorneys, eXL Legal, PLLC. a The time and date on which possession was verified were: at 11:00 am. 6. Correct copies of the note (and, if applicable, all endorsements, transfers, allonges, or assignments of the note) are attached to this certification. 7, I give this statement based on my personal knowledge. Under penalties of perjury, | declare that I have read the foregoing Certification of Possession of Original Note and that the facts stated in it are true. Type Name Here: Gaylyn Leach Title: Original Document Processor Date: November 14, 2019 1000005434an g € Ww wy 9 Os Ws Composite Exhibit A NOTE | em May 16, 2008 Wasct 2721 E. 11th Court PANAMA CITY, FL 32401 Merpars & 1 PARTIES “Thoerower” micas cach person atthe end of this Note, art the porsan’s successors and assigns. “Lender iscans Taylor, Bean & Whitaker Mortgage Corp. and its suecessors and assigns BORROWER’S PROMISE TO PAY; INTEREST to rotuen for a foan coceived thoi Lender, Borrower promises to pay the prinvipal sua af Seventy One Thousand Seven Hundred Seventy Three and no/100 Dotlars WS. $74,773.00 }. plas interest, to the onder of Lender, lnterest will be charged on unpaid principal, tom the dave of disbursement of the foan proceeds hy Lender, at the rate of Six and One Half at 6.5000". per year until the full antount of pringipal has been pad. PROMISE TO PAY SECLRED Honater § promi t pay is secured by a morgage. decd of ust or similar security instrument that is dated the same aktic as this Note and called the “Security Instrament” Ths ty Instrument protects the Lender from tosses which might sesdt if Toros er defaults wader this Note. MANNER OF PAYMENT «4 Time Rorower shall rake a payment of principal and interest ty Lender on the first diy of each month beginning on July 01, 2008 Ans principal and interest remaining on the first day of Sune 2038 sill be adie on that date. which is called the “Mauuirity Date, (G) Place Pasicnt shall be made at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL 34475 or at such other place as Lender may designate in writing by notive to Borrower. (Oy Vavonnt ts mouthly payment ot principal and interest will be in the ammount of US, $459.65 cant Tbe ce qionthly payment required by the Security Instrument. that shall be applied to principal, interest and other items in the ordyr desctibed in the Security Lastruaient. hart ol a kar PEARED) PHA BINED KATE SOUL 0%(Dy) Atfonge to thi Note for Payment Adjustments WP altong 3 for payment adjustments & executed by Boruiver together with this Note. the covenants 6f the aillonge shall be incorporated inte and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note: (Check appli provi bev Growing hauity Allonge (2 Graduated P pment Monge [LL Onher [specits] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right ts pay the debt evidenced by this Note. in whote or in part without charge or penalty un the First fay of any tonth, Lender shall accept prepayment on ther dass provided that Rerrawvee p moun prepaid for the remainder of the month fo the extent requited by Lender and permitted by regulations of the Sceretary, If Borrower akes a partial prepayment, there sill be ne changes in the dive date or in the amountof the monthly payment unless Lender sepoes in ssriting te these changes, > interest ond 6 BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments UF Lender has wot received the full monthly payment requived by the Security Instrument, as described in Paragraph 44} obthis Note, by the end of fiticen calendar days atter the pazment iy due, Lender may collect a late charge ii the amount of Four percent ¢ 4.0 *4) of the overdue amount of eack payment. (By) Defante IGornower defaults by failing to pay io fall any monthly payment, then Lender may. except as limited by regulations of the Seeretiry in the case of payment detitults, require immediate payment in full of the principal balance remaining all accrued interest, Louder may vhouse aot to exercise this aption without waiving its rights in the event of any subsequent detiutt, In aany circumstances regulations issued by the Secretary will finsit Lender’s rights to require immediate payment in tull ia the cave of pagment defaults, This Note dees not authorize acceleration when not permitted by HUD regulations. As “yoctetity ” means the Seeretary of Housing and Urban Development or his or her des (C) Payment af Costs and Expenses ff Lender fas required immediate payment in full, as deseribed above, Lender may require Borower t pay costs and expeuses including reasonable and et tomeys’ fees Ror enforcing this Note to the extent not prohibited by applicable ayy, Suclt fees and costs shall bear interest from the date of disbursement at the same nate as the principal of this Nowe. du and used in this Note, stent WAIVERS Bonewer J any other person whe has obligations under this Note waive the rights of presentment and notice of we. MPrescntmicitt™ micans tle Fight to reguite Lender te demand payment of amounts due. “Notice of dishonor” means e Fight w vequie Lender to give notice to ather persons that amounts duy have nat been plaid, 8. GIVING OF NOTICES Caless applivable how requires 3 different method, any aotiee that must be given te Borrower under this Note will be shen by delivering it vr by matting it by fest class mail (0 Borrower at the property address above or at a different address if . n Lender a notice of Borrower's different address, Any siutice that must be given to Lender onder this Note will be given by first class mail to Lender at the address stated 1B) ov ats different addiess if Borrower is given a notice of that different addvess wer hats ins Paragraph 9. OBLIG VTIONS OF PERSONS UNDER THIS NOTE Te anore than oe person signs this Nate, each person is fully and personally obligs ii this Note, including the promise to pay the full amount owed. Any person wh is Site is alse ob sbligations af & uaruitor, strety or endorser of this Note, is also obligated to keep all of the promises made in this Noe. Lender may enforce ite righty under this Note against each person individually. oF at alries toyether, Any one person signing this Nore nay he requited to pay all of the amounts owed under this Note ted ta heep all of the promises made grantor, surety or endorser of thiy ted to do these things, Any persion why takes over these wbligations. including PEORIA FIXED RATE NOTE1, DOCUMENTARY TAN The state documentary ti due on this Note fits been paid om the me ce securing this indebiedness, BY SIGMING BLOW, Borrower aecepts aad agrees ts the terms and covenants contained in pages | through 3 of this > Ethel Carr - (Seat) (Seal) “Beoerower (Sealy Sh tis, Lh ~.tSea Josephine Brown Fewer - ~ (seal ~ Be Without recourse, pay to the order st By: Taylor, Bean & Whitaker Mortgage Corp. Enfa Carter-Sha FLORID.CEELY FIXED RATE NOTE Piatorses [Sig Originat Only}Composite Exhibit A Sone Jessica Cunningham | Taylor, Bean & Whitaker Mortgage Corp, 1417 North Magnolia Ave ss rooeassaes Fite Ocala, FL 34475 er Aee ast 259 RECORDED 06/11/08 14:47:01 owns: CARL M. SUGARMAN Harold Bazzel, Clerk ‘Bay County, Florida 17345 S. DIXIE HWY DOC STMP-M; $281.30 INT TAX: $143.55 i DEPUTY CLERK GB ) 2 : ‘Trans # 879622 | Isace Aline 1 MORTGAGE THIS MORTGAGE (Secarity Iostruntentt” i the mortgagor is Ethel Carr and and Josephine Brown jocliy SS? wale PeesenSs iven on May 16, 2008 CRorrower), This Security Instrument is given to gave Ltcctronic Registation Systems. Ine. COMERS") MERS is a separate corporation that is aoting silely as nominee lor Lender aint Lender's sevessors sind s. MERS is the mortgagee under this Security tusteument, MERS is sauized and esisting wider the hasss of Delaware, and fas an address and telephone number of P.O. Box 2026. Flint, MI ASSL 2026, tel. (888) 674-MERS, Taylor, Bean & Whitaker Mortgage Corp. Lender") is organized and esisting ander thy hows of PL ~ and juss sit adhe of 1417 North Magnolia Ave, Ocala, FL 24475 Homoner oes Lender the principal sun of Seventy One Thousand Seven Hundred Seventy Three and no/t00 Dollars (8. $74,773.00 A This debe is evidenced by Borrower's note dated the same date as this Security Instrument Note"). which provides for emmathly payments, with tle full debt, iC not paid earlier. due and payable on June 01, 2038 This Si Instrument secures to Fender. (a) the repayment of the debt evidenced by the Note. with interest. and all renewab, esterisions and nrodifications of the Note: cb) the payment of all 0 VT ty protect the security of this Security lnstroment: and (c) the performance of Borrower's covenants and ant and conv 1s of MERS the a sts. with interest, advanced under a ements wider this Security Insiruaieat aad the Note, For this purpose, Borrower does hereby mortya fe MERS Gsdely as nosninge for Lender and Lendee's successors and assigns) and fo the successors and as Following described property fueated in BAY “County. Florida: HEORIEV FLY MORTGAGE m0 ers 19702_20071119,100002See Attached Exhibit A. which has tity addres of 2721 E. 11th Court Saget} PANAMA CITY Florida 32401 ePraperty Address", rie) pce} TOULTHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances. sind Fixnires now or hereafier a patt af the property. AL replacements and additions shall also be covered by this Security instrument, AIL of the toregeing is eetevved 40 in this Security Instrument as the “Property ° Borro that MERS holds only legal dle 19 the interests granted 8 Borrower in this Security Instrument: but, if necessary lo comply swith haw or custom. MERS (ts nominey for Lender and Lender's suogessors and assigns) has the right: to exercise any or all ut those inierests. fnctading. but not limited 0, the right to foreclose and sell the Property: and to lake any action required of Fcnder inctuting. but not limited to, releasing or canceling this Security bisteument, BORROWER COVENANTS thar Borrower is Liwtully seised of the estate hereby conveyed and hay the right te mortgage. glint dud convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower ssatrants and will defend generally the tide 10 the Property against all claims and demands, subject to any encumbrites af record. FUIS SECURIFY INSTRE MENT combines uniform covenams for national use and non-uniform covenants. with Hianitest va as by jurisdiction to constitute a uniform security instrument covering real property USTLORM COVPSN ANTS, Borronter and Lender cov cnimt sind aeree as follows 1. Payment af Principal, Interest and Late Charge, Borrower shall pay when due the principal of, and interest on, Ge debt evidenced by the Note and late charges due under the Note 2. Monthly Payment af Vaves, Insurance, and Other Charges. Borrower shall include in each monthly payment. together with the priucipal and fiterest ay set fol ia the Note and any lite charges, a sunt for (ay tayes and special assvssments fevied or fo be Fevied against the Property. (by leasehold payments or ground rertts a the Property, and (0 premiums tor ins required under parageaph 4. In any year in which the Lender must pas ame premium to the Secretar of Housing and Urban Desclopment (Sectetaey wim which such premium wottkd hove been required if Lender stilt held the Security fnytrument, ect monthly payment shall alse include either: Gi) a sum for the anneal mortgage insurance premium to be paid by Lender to the Secretary. of Gi} a monthly charge instead of a mortg, insurance premium if this Security tusirument is held Oy the Secretary. int a reasonable amount to be determined by the Scoretary, Except tor the monthly charge by the Secretary, these items are called “Escrow tems” and the sums paid Lender are called “Escrans Funds.” Lender ory. at any inte, collect and hokd amounts for Escrow Htemis in an aggregate amount not to exceed the mmasimum amount that may be required for Bormower’s escrom account under the Real Estate Settlement Procedures Act af WE TIL S.C y 2601 ct seq. and implementing regulations. 24 CFR Part 3500, as they aray be amended from time ta time CRE SIA excep that the cushion or reese permitted by RESP. for unanticipated disbursements or dishursements before the Borrower's payments are available in the account may not be based on amounts due far the mortgage insurance premium, Ie the amounts held by Lender for Fyeroy Hems exceed the amounts permitted to be held by RESP, Lender shall scout ts Borrower for the evcess tinds ie required by RESPA. HF de amounts of funds held by Lender at any time cient to pap he Bovcow thems when dae. Leader tay notify the Borrower and require Bon das pertnicted by RESP re not ver fo make up the shortaze ELORRIN TIEN MOR EG VGr ees GeassThe Escres Funds wae pledged as additional security ter all sunis secured by this Security Instrument. Hf Borrower twraters bs Lettder the Hill payment of all such sums, Borrower's account shall be credited with the balance reataining far all anotaltmient items Gal, Cok, and () and any mortgage instirance premium installment that Lender has not become obligated t© and Lender shall promptly refund any evcess ttads to Rorrover, Immediately prior to a foreclusure sake sining for att pay to the Secreta wf the Property ue its acquisition by Lender, Borrower's account shall be credited with any balance cen instatnsents tor items Gul tb, aad £01, 3. Application of Payments, Ail payments ander paragraphs # and 2 shall be appticd by Lender as follows. FIRST. 6 the merigaye insurance premium to be paid by Lender to the Seere! 2 by the Seeretary instead of the manthly morte race premium, SECOND, to any taxes, special assessments. leasehok! payntents or grund rents, and fire, flood and other hazed insurance premiums, as requited: FHIRD, t0 interest due imder the Nore; POUR TH io amortization of the paineipal al the Net FIFTH. te fate charges due under the Note, 4. Fire, Flood and Other Hazard insis in existence or subsequently erected. against any ser te the monthly charg ice, Borronser shall insure all improvements on the Property, whether nos ualties. and gon Ws fire. for which Lender Fequites insuranes. Tins insurance shall be maintained in the amounts and for the periods that Lender requites, Borrower shall also insure all immpres ements on the Property. whether nov in existence or subsequently erected. against loss by floods te the ewene required by the Secretary. AML insurance shall be carried with companies approved by Lender, The insurance policies and any renewals shall be held by Lender and shall include toss payable clauses in fiver of, and in a for acceptable fo, wards, « Tender {n the event of toss, Bocowver shall sive Lender immediate notice by mail, Lender may make proot of loss if not made Fromiptiy by Rernawer, Fach insurance company concemed is hereby authorized and divected to: make payment for such foss directly Gof ender instead of te Boomer and to Lender jointly, AILur any part of the insurance proceeds may be applied by Lender. at its option, either (a) to the reduction of the indebtedness under the Note Security Instrument. first to any delinquent amounts applied in the order in parayeaph 5 and than to prepay ment of ps |. oF (b) 6 the restoration vr repair of the dunriged Property. Any application of the proceeds to the principal shall not extend er postpone the due date of the sly graph 2. of change the amount of stich payments, Any excess insurance Pyovecds over an amount required to pay all outstanding indebtedsiess under the Note and this Security Instrument shall be te the etuity fegally ctitled thereto. fr tte event of torcctosure of this Seoutiqy Lastrument of other transter of title to the Property that extinguishes the indehveditess, aL right athe gad interest of Borrower ia sind to insurance policies in Force shall pass to the purchaser Occupancy, Preservation, Maintenance and Protection af the Property; Borrawer's Loan Application; Leaschulds. Borower shall occupy, establish. and use the Property ay Borrower's principal residence within sixty days after the evecution of this Security Lastrument (or within sixty days of a later sale or wansfer af the Property) and shall continue 6 occu The Property as Homower’s principal residence far at least one year after the date of oceupaney, unless Lender determines that requirement will cause andue hardship fer Borrower. or unless extenualing circumstances exist which are Gepond Horower's control, Rarrower shall wotify Lender of any evtenuating circumstances. Borrower shall net commit ehty oF allow the Property to deteriorate, reasonable wear and teat ssvepted, Lender may inspect the Property ifthe Property és vacant or abandoned or the Joan is iat default, Lender mtay take Feasnable aotion fe praect and preserve such vacant of abandoned Property. Borrower shall also be in default if Bomower during the Joan application process, 2 provide Lender with any material information) in connection with the Ioan evidenced by the Note. inehuding, but not limited th. representations concerning Borrower's occupancy of the Property. as a principal residence. UF this Security Instrument is ot a leasehold. Borrower shall comply with the provisions of the lease. If Borrower acquites fee tile 1 the Property, the Ieasehiitd aid fee title shall nor be ae gives to the merger in writing Condemnation. the proceeds of any award or claim for damages. direct or consequential, in connection with any condemnation oF other thing af any part of the Property, or for conveyance in place of condemnation. are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument, Leader shall apply such proceeds to the reduction of the indebtedness auder the Note and this Security intone, first wo any delinquent amounts applied ia the order pros ided in paragraph 3, and then to prepay ment af principal Vy application of the proceeds te the principal shall aot extend or pustpone the due date of the monthly payments, which ace mots avhich are relented 6» in par iste or destroy. dhamuage or substantially change the Pr re rateriatlly false or inaccurate intormaticn or statements to Lender tor fitiled 40 d unless Lender PEORIA HI MOKEG AGE ersreflrted ta in pare: 2 the amount of such payments, Lay excess proceeds over an amount required to pay all indebtedness sinder the Note aud uhis Security Instrument shall be paid to the entity legally entitled sherews, ges Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental oc nitnivipsl charges, fines and impositions ditt raph 2, Borrower shall pay these obligations oa time diveotty 1 the entity which is owed the payment, UF failure ws pay would adversely atteet Lender's interest in the Property upoa Lender's request Borrower shall promptly furnish to Lender receipts evidencing these pay ments, I Horrower tails to make these payments or the payinents requited by paragraph 2. or ily w perform ay other cusenamts aid aereements contained in this Security Instrument, ar there is a lezal proceeding that may significantly attect his ia the Property (stick as a proceeding in bantkrupicy. for condemnation or to enforce laws of regulations}, then Fender nay des and pay Ns in the Property including payment of ses, hazad insurance and other items mentioned in paragraph 2 Any amounis disbursed by Lendee under this paragraph shall become an additional debt af Borrower and be secured by this Security lastrument, Fhese amounts shall bear interest from the dite af disbursement at the Note rate, and at the option af Lender stall be immediately duc sind pas able Bonower shall promptly discharze any tien which has privity over this Security Instrument unless Borrower: a) agrees in waiting 16 the pay mem of the obligation secured by ihe lien én «manner acceptable to Lender: tb} contests in good faith the lin by. or defends against enforcement of the Hien i proceedings which in the Lender's opinion operate to prevent the vntorcenicnt of the hier: of (el secures ttont the folder of the lien an agreement satisfactory 10 Lender subordinatiog the tien