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Filing # 124981708 E-Filed 04/15/2021 11:46:03 AM
IN THE CIRCUIT COURT OF THE FOURTEENTH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA
CASE NO. 19004409CA
LAKEVIEW LOAN SERVICING, LLC
Plaintiff,
v.
JOSEPHINE BROWN, ET AL.
Defendants.
a|
PLAINTIFF'S MOTION TO FILE
AMENDED COMPLAINT AND MODIFY STYLE
Plaintiff, LAKEVIEW LOAN SERVICING, LLC, by and through its undersigned
attorney, and pursuant to allapplicable 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. Plaintiff's title update has revealed an additional lienholder that was not included
in the original foreclosure complaint. It would therefore be proper to add the lienholder as a party
defendant. In addition, it has come to the attention of the Plaintiff that the titleholder/mortgagor
is deceased. It would therefore be proper to add the heirs of the titleholder/mortgagor 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, DEVISEES, GRANTEES, ASSIGNEES, LIENORS,
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CREDITORS, TRUSTEES AND ALL OTHER CLAIMANTS CLAIMING BY, THROUGH,
UNDER OR AGAINST JOSEPHINE BROWN, DECEASED, BETTY BROWN MCCRAY
A/K/A BETTY MCCRAY, MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER AND
BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA.
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 THATa true and correct copy of the foregoing was furnished on
LS_ day of Meek, 2021, to Parties designated in the E-Filing Portal with any Parties listed
below via U.S. Mail: @ Pet LW
MELVIN FRANKLIN FOSTER
2702 RIDGEWAY DR.
WITCITA FALLS, TX 76306
ETHEL CARR
2721 E 11TH CT
PANAMA CITY, FL 32401-5005
BETTY BROWN MCCRAY
3616 E. 2ND ST.
PANAMA CITY, FL 32401
BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
C/O CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS
840 WEST 11TH STREET
PANAMA CITY, FL 32401
UNKNOWN SPOUSE OF ETHEL CARR
2721 E 11TH CT
PANAMA CITY, FL 32401-5005
UNKNOWN SPOUSE OF JOSEPHINE BROWN
2721 E 11TH CT
PANAMA CITY, FL 32401-5005
1000005434
UNKNOWN TENANT 1
2721 E 11TH 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 thé Plaintiff
“~Amria J.Rosenberg
FL Bar: 101551 Anna Judd Rosenber,
Florida Bar #30786"
1000005434
IN THE CIRCUIT COURT OF THE FOURTEENTH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA
CASE NO. 19004409CA
LAKEVIEW LOAN SERVICING, LLC
Plaintiff,
Vv.
THE UNKNOWN HEIRS, GRANTEES, DEVISEES,
LIENORS, TRUSTEES, AND CREDITORS OF
JOSEPHINE BROWN, DECEASED; ETHEL CARR;
BETTY BROWN MCCRAY A/K/A BETTY MCCRAY:
MELVIN FRANKLIN FOSTER A/K/A MELVIN
FOSTER; 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
Defendants.
/
VERIFIED AMENDED COMPLAINT TO FORECLOSE MORTGAGE
Plaintiff,LAKEVIEW LOAN SERVICING, LLC, sues the Defendant(s), THE UNKNOWN HEIRS,
GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN,
DECEASED; ETHEL CARR; BETTY BROWN MCCRAY A/K/A BETTY MCCRAY; MELVIN FRANKLIN
FOSTER A/K/A MELVIN FOSTER; 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 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 ofthe Note,
ETHEL CARR and JOSEPHINE BROWN executed and delivered a Mortgage ("Mortgage") dated May 16,
2008. The mortgage was recorded on June | 1, 2008, in the Official Records Book 3058, Page 232, of the Public
1000005434
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. BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, ETHEL CARR AND MELVIN FRANKLIN
FOSTER A/K/A MELVIN FOSTER, THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS,
TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED 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.
10. 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.
11. Plaintiffis obligated to pay plaintiff's attorneys a reasonable fee for their services.Plaintiffis entitled
to recover its attorneys’ fees under the Note and Mortgage.
12. ETHEL CARR, BETTY BROWN MCCRAY A/K/A BETTY MCCRAY; 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.
13. As a matter of request for relief, Demand is hereby made on the Defendant(s//Owner(s BETTY
BROWN MCCRAY A/K/A BETTY MCCRAY, MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER,
THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF
JOSEPHINE BROWN, DECEASED: and on the Defendant/Tenant/Occupants of the subject property, that all
rent now due and owing on said property, or collected hereafter be paid directly to the Plaintiff, or, in the
1000005434
alternative, deposited in the registry of the Court pending further order of the Court, pursuant to Chapter 697,
Fla. Stat.
14. 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
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.
15. 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'sMortgage.
16. UNKNOWN SPOUSE OF ETHEL CARR, UNKNOWN SPOUSE OF JOSEPHINE BROWN,
UNKNOWN TENANT 1 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.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment:
(a) foreclosing the Mortgage:
(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 PlaintiffsMortgage 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
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(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);
(f) 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, I 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
J:AKEVIEW LOAN SERVICING, LLC
Signature .
Rachel M. Nowicki
Printed Name
Banking Officer
Title
eXL Legal, PLLC
Designated Email Address: efiling@ex!legal.com
12425 28th Street North, Suite 200
St. Petersburg, FL 33716
Telephone No. (727) 536-4911
Attorney for the Plaintiee ——,
By: eoae ens eens gSPITSOO ANCA
Anna Judd Rosenberg
Florida Bar #101557
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.
1000005434
a
IN THE CIRCUIT COURT OF THE FOURTEENTH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA
CASE NO
SELENE FINANCE LP
Plaintiff,
v.
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:
I, That Plaintiff is in possession of the original promissory note upon which this action is
brought.
2. The location of the original promissory note is12425 28TH STREET NORTH, SUITE
200, ST. PETERSBURG, FL 33716.
3. The name and title of the person giving the certification is: Gaylyn Leach, Original
Document Processor for Plaintiff's attorneys, eXL Legal, PLLC.
1000005434
4. The name of the person who personally verified such possession is: Gaylyn Leach,
Original Document Processor for Plaintiff's attorneys, eXL Legal, PLLC.
5. 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, I 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
1000005434
. . — a pe be~
S00 230433
NOTE
May 16, 2008
Datel
2721 E. 1ith Court
PANAMA CITY, PL 32401
PProperii
Avkdarss]
i. PARTIES
“Basrowcr”
means cach
persent signing af the ead of this Note, and the persan’s successors and assigns. “Lender”
means Taylor, Bean & Whitaker Mortgage Corp.
abd its Successars and assigis.
2. BORROWER'S PROMISE TO PAY INTEREST
fa rete for a loan eccetved fram Lender, Borrower promises to pay the principal sam af Seventy One Thousand
Seven Hundred Seventy Three and no/100 Ballars
OS. 874,773.00 1 plus Interest. tothe order of Lender, fnterest will be charged on unpaid
praiwipad. trom the date of dishursement af the loan proceeds fy Leader, at the cate of Six and One Half
percent 4 6.5000") per sear und the full anrount of principal has been paid.
a. PROSHSE TO PAY SECLRED
Hearowcr’s promine te pay is secared bv a mortgage. deed of trast or similar security instrument that is dated the sane
daic as his Note wid called the “Security
instrament.”
The Security
Listrunrent protects the Lender from kesses which might
susie dd Borrosvcr detundts under this Note.
4.0 MANNER CH PAV MENE
{Al Time
Borrower shall make a
payment of principal
andinterest
& Lender on the
first day
af each month
beginning on
July 04, 2008 Aa pemcipal and iaterest remaining an the first day ofJune 2038 .
will be hte on dat date. which is called the “Maturity
Date.”
iB) Place
Pastacit shall be mude at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL
344875
of at suclt other place as Lender may designate in writing by notice to Borrower,
3 Nae erat
bach month payment af priscysal and interest veill be inthe amount oP
US. $453.65 ,
Phe ainouatwil be part ofa taryer monthly payntent required by the Security lastrument, that shall be applied to principal.
interest and other items a the ander described
in the Sectirity fastrument.
PLGRER FS FIXED RATE
NOTE 6
Cac Decn
TateLal
Lgoa
whe alte
THe? 1
2007 1OTS TOG
(O) Alfonge to this Note for Payment Adjustments
Wan allonge providing for pay ment adjustments is executed by Borrower together with dis Nate, the covenants of the
slonge shail be incorpented ate and shall amend and supplement the covenaats of this Noty as ifthe alhange were 4 part af
dus Note.
check applicable boys
= Cosensing Equity
Alonge r] Graduated Favavont
Allonge
- titer fspecus |
S. BORROWER'S RIGHT TO PREPAY
Borrower has the right ie pay the debt ov idenced by dis Note, in schole or in part. without charge or penalty on the fiese
day tars neath.Lender shall accept prepay ment on other days previded that Borrwer pays interest an the amount prepaid
lor the rentainder of the month to the extent required by
Lender and permitted by regulations of the Seuretary. [f Bornawer
Stakes a parcel proparment there will be nec changes in the due date or-in the amount ofthe monthly payment unless Lender
agTees i vaiting to thiase clwages,
& BORRGAVE RTS FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has new received the full mantlly pay ment requiced by the Security Instrument. as described in Paragraph 4c}
al this Sote fy dhe end of fifleen calendar days after the payment is due. Lender may collect a fate charge in the amount of
FourcB)Defantt
percent { 40 “spabthe ovendue amount of each payment
IBorroics detauits be failing to pay ja fill any monthly payment. then Lender may. exccm as Hmited by regulations of
the Necretars
in the vase of payniant defaults. require immediate Payment in tull af the peiicipal balance remaining due and
all accrued niterest, Lender mas choose not 1a exercise ibis caption, without w alving tts rights in the event of any subscquent
default. In oiany circumstances regitations issued by the Secretary will feat Lender's tights to require immediate payment in
Tull ft dhe case ot pax atent defauits, This Nate dees not authorize acceleration when not permitted by
HUD regulations,
As
used i His Nate, “Seerenire” means the Secretary of Housing and Urban Development or his or her designee.
(C) Payaent of Costs and FE xpenses
H fender has required immediate payment in full, as described above. Lender inay
requiee Borrower fr pay costs aad
sApeiees inchadtg reascnable and customary attorneys’ fees for enforcing this Note to dhe extent net prohibited In appticable
lave.
Suet tees and conts shall bear interest frown the dave of dishursement at the sammie cate us the principal of this Note.
7 WAEVERS
Borrasor and any
other person wha has obligations under chis Note waive the right, of prescnament and oolice of
dishonor. “Preseathhont” meany the right te require Lender to demand pasment of ankiints duc. “Notice af dishonor” means
the right to coquire
Leader to give notice to other persosts that amounts due have not been pad,
3. GIVING OF NOPICES
Unless applicable box requires a diflerent method, anv
notice that must be given to Borrower under this Note will be
given ty delivering a or by mailing it by
first class mail Gs Bornwever'at the property address above ar ata different address if
Borrsver has given Lender a natice of Borrower's different address.
Any notice that must be given tr Leader under this Note will he given by
first class tail us Lender
at the address stated
it Paragraph 400 orat a different addrvas if Borrower is viverra notice ofthat diferent address.
9. OHLIG ATEONS OF PERSONS LNDER THIS SOTE
I ntore than ente person signs this Nate, each person is tulle and personally obligated to keep all ofthe promises made
in this Note. including the promise to pas
the hdl ainount owed,
Any person who is a cuarantar, surety
or endorser of this
Netgis abso obbeated to de these Udags.
Ams person who wkes over diese abligaiions.
including the obligations af a
Buamaitor sencly or endorser af this Note, is.alser obligated to Leep all of the prumises made in this Now. Lender may entree
fe right under tis Sate against cach person individually or against, aff signatories together. Any one person signing this
Sole nave he required te pay all of the amounts awed under this Nate,
FLORIDA FHA FINED RATE NOPE
OrdeDers "
a By Pave Dat preety} Pe Chiles Gall (E90
Sima A005
mess serps One
yearned ott ete!
i BOCOMENTARS TAN
The vale docunientary Ws duc ont dis Sate has been paid oa the mortgage securing this indebtedness.
BY STONESG FICLONG, Borrnser accepts and agress to the ters and covenants contained in pages 1 through 3 af this
P &sve
Gh! Lace scnatntncencnnnnn
TEAL) eanagnanmnennicenaannem PSEUE
Cpe fE Shay p.
Ethel Carr Bae set ~Bagre wer
og wa yt adn Lito etn eee S12 § eee nae 6.72771|
Josephine Brown Homesaer sBerras.ex
canetmanneeneen
nice vienimcenesneaneutitninise
en O55 51 F sen enn (SEAL
«Pharr Bortss
or
Piga Original
Unie}
Without recourse, pay to the order af
By: Taylor, Bean & Whitaker
Mortgage Corp.
LS 1 haw
Erla Garler-Shaw, EVE
FLORIDA EEA FINDDPRALE NOTE
Gra etnoe”
» }
4 ‘ i
; PREPAREiS |
/
“ew Jessica Cunningham j
vite Taylor, Bean & Whitaker Mortgage Corp.
1417 North Magnolia Ave
Ocala, FL 34475
; ;
Fite # 2808033408
OR BK 3088 Pages 232 - 239
RECORDED 08/11/08 14:47:01
func CARL M. SUGARMAN Haratd Bazzel, Clerk
Bay County, Plorida
17348 S. DIXIE HWY DOC STMP-M. $264.50
INT TAX: $143.65
] DEPUTY CLERK GB
| #2
|
?
Trans# 879622
er te neni nee tanned
nn Espace Above thts Line For Recording Data}
“ * FUA CAST
My ~ —
MORTGAGE ie
wuSe ee al
i
THES MORTOAGE CSecarity lasirument”) is giver on May 16, 2008 :
The mortgagor is Ethel Carr and and Josephine Brown ;
Dols Snaié
ae “PeesonS
5
C Rorrawer”}, This Security Instrument is given to
Mortgage Liecwonic Registration Sistas, lac.
OMERSR MERS js a separate corporation that is acting solely
as nominee
ferLeader and
Lender's successors sad assigns.
MERS is the nertgagee under this Security
listrament.
MERS is
vtymilacd aud evisting under die laws of Delaware,
and has an address and jelephane number of P.O. Box 2026, Flint, MI
ASsd1 lute, if 1888) 670. MERS, Taylor, Bean & Whitaker Mortgage Carp.
Leader’) is organized and existing
vtvder the boys of FL and
fas un address of 1447 North Magnolia Ave, Ocala, FL
34475
Heerower owes Loder the principal sam of Seventy Qne Thousand Seven Hundred Seventy Three and no/100
Daliars (OS. S71 773,00 is
Fis debe is evidenced by
Borrower's note dated the same date as this Security
Instrument (Note), which provides for
mesachly par iionts, with the fd debt, if aot paid earlier. due and pavablc on June 01, 2038
.
This Securit,
Insrament secures
to Lender: ia) the repay ment af the debt evidenced by the Note. with interest. and aff
feat. exteriors
amimoilifigations
afthe Newe:
chi the
payment,
of all
othersums,withinterest. advanced
under
paragraph
7 ts profest
thesecurity
of this
Sweety fnsteament:
and tor
the performances
of Borrawer’s covenants
and
datooments uitder thts Security
Insiriaient aad the Note, Par this parpese, Gorrawer does fiereby mortgage. grand and conmves
fo HERS solely as noarince for Laker and Lender's saecessars and assigns] and to the successors and assigns of MEERS the
tilowdag described pruperty [cared in BAY County, Fharsda:
PRORIDA FRMORTGAGE amy
ERS Greatiooss
ee —
See Attached Exhibit A.
hich fas the address of 2721 E. ith Court
fescue}
PANAMA
toed
CITY . Florida 32404
Lep Cnt]
CProperty Address”);
TOGETHER WITH all the improvements now or hereafter crecied on the property, and all casements. appartenanves.
and Testures now or hereafter a part af the property. AU replacements and additions shall alsa be covered by
this Seourits
Instcunicnt, All of ihe lorcgoiny is referred to in this Security
Instrument as the “Property.” Borrower understands avd agrees
that MEARS holds only legal dde me the interests granted by Borrower in this Security
Instrument: but. if necesan to comply
with fav on caster, MERS (4s nominee for Lender and Lender's successers and assigns) has the fight: to exercise any or all
af those interests. tachaling, bat niat livtited ta,
the right to foveclrse and sell the Property: and to take any action: required of
beader moluding, bur not limited ta. releasing or canceling this Security histrument,
BORBOMAER COVENANTS dhat Borrnver is
hin fully
selsed of the estate hereby
conveyed and has the right
to
morlgage.
grant
and comveytheProperty
and that
theProperty
isunencumbered,
exceptfor encumbrances
of record.
Borrowerwarrants and
willdefend
envimbnnteus af record.
generaletheide to the
Property
against all
claims
and demands.
subject
to ary
HHS SEOUREPY INSTROMENT combtacs unaifarin
covenants
tivnational
use andBun-anifrirn
cas enanits vith
faulted variations 6. picisdiction te Constitute a uniform Securit
instrument covering real property.
ENECORAECUVEN ANTS, Borraucr and | emer con cianit and agree as lallaws:
1. Payment of Principal, Interest and Late € ‘harge. Borrower shall pay when due the principal of, and interest an,
the debt caldenced by the Nate and late charges due under the Sore.
2. MonthlyPayment uf Taxes, Easuranee. and Other Charges, Borrower shall include in cack wmoathly payment.
eusdhes wihtheprivcipal
andinterest as
setforth
Preview
Filing # 124981708 E-Filed 04/15/2021 11:46:03 AM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO. 19004409CA LAKEVIEW LOAN SERVICING, LLC Plaintiff, v. JOSEPHINE BROWN, ET AL. Defendants. a| PLAINTIFF'S MOTION TO FILE AMENDED COMPLAINT AND MODIFY STYLE Plaintiff, LAKEVIEW LOAN SERVICING, LLC, by and through its undersigned attorney, and pursuant to allapplicable 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. Plaintiff's title update has revealed an additional lienholder that was not included in the original foreclosure complaint. It would therefore be proper to add the lienholder as a party defendant. In addition, it has come to the attention of the Plaintiff that the titleholder/mortgagor is deceased. It would therefore be proper to add the heirs of the titleholder/mortgagor 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, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, 1000005434 CREDITORS, TRUSTEES AND ALL OTHER CLAIMANTS CLAIMING BY, THROUGH, UNDER OR AGAINST JOSEPHINE BROWN, DECEASED, BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER AND BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. 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 THATa true and correct copy of the foregoing was furnished on LS_ day of Meek, 2021, to Parties designated in the E-Filing Portal with any Parties listed below via U.S. Mail: @ Pet LW MELVIN FRANKLIN FOSTER 2702 RIDGEWAY DR. WITCITA FALLS, TX 76306 ETHEL CARR 2721 E 11TH CT PANAMA CITY, FL 32401-5005 BETTY BROWN MCCRAY 3616 E. 2ND ST. PANAMA CITY, FL 32401 BAY COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA C/O CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS 840 WEST 11TH STREET PANAMA CITY, FL 32401 UNKNOWN SPOUSE OF ETHEL CARR 2721 E 11TH CT PANAMA CITY, FL 32401-5005 UNKNOWN SPOUSE OF JOSEPHINE BROWN 2721 E 11TH CT PANAMA CITY, FL 32401-5005 1000005434 UNKNOWN TENANT 1 2721 E 11TH 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 thé Plaintiff “~Amria J.Rosenberg FL Bar: 101551 Anna Judd Rosenber, Florida Bar #30786" 1000005434 IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO. 19004409CA LAKEVIEW LOAN SERVICING, LLC Plaintiff, Vv. THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED; ETHEL CARR; BETTY BROWN MCCRAY A/K/A BETTY MCCRAY: MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER; 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 Defendants. / VERIFIED AMENDED COMPLAINT TO FORECLOSE MORTGAGE Plaintiff,LAKEVIEW LOAN SERVICING, LLC, sues the Defendant(s), THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED; ETHEL CARR; BETTY BROWN MCCRAY A/K/A BETTY MCCRAY; MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER; 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 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 ofthe Note, ETHEL CARR and JOSEPHINE BROWN executed and delivered a Mortgage ("Mortgage") dated May 16, 2008. The mortgage was recorded on June | 1, 2008, in the Official Records Book 3058, Page 232, of the Public 1000005434 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. BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, ETHEL CARR AND MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER, THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED 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. 10. 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. 11. Plaintiffis obligated to pay plaintiff's attorneys a reasonable fee for their services.Plaintiffis entitled to recover its attorneys’ fees under the Note and Mortgage. 12. ETHEL CARR, BETTY BROWN MCCRAY A/K/A BETTY MCCRAY; 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. 13. As a matter of request for relief, Demand is hereby made on the Defendant(s//Owner(s BETTY BROWN MCCRAY A/K/A BETTY MCCRAY, MELVIN FRANKLIN FOSTER A/K/A MELVIN FOSTER, THE UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES, AND CREDITORS OF JOSEPHINE BROWN, DECEASED: and on the Defendant/Tenant/Occupants of the subject property, that all rent now due and owing on said property, or collected hereafter be paid directly to the Plaintiff, or, in the 1000005434 alternative, deposited in the registry of the Court pending further order of the Court, pursuant to Chapter 697, Fla. Stat. 14. 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 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. 15. 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'sMortgage. 16. UNKNOWN SPOUSE OF ETHEL CARR, UNKNOWN SPOUSE OF JOSEPHINE BROWN, UNKNOWN TENANT 1 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. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment: (a) foreclosing the Mortgage: (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 PlaintiffsMortgage 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 1000005434 (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); (f) 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, I 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 J:AKEVIEW LOAN SERVICING, LLC Signature . Rachel M. Nowicki Printed Name Banking Officer Title eXL Legal, PLLC Designated Email Address: efiling@ex!legal.com 12425 28th Street North, Suite 200 St. Petersburg, FL 33716 Telephone No. (727) 536-4911 Attorney for the Plaintiee ——, By: eoae ens eens gSPITSOO ANCA Anna Judd Rosenberg Florida Bar #101557 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. 1000005434 a IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO SELENE FINANCE LP Plaintiff, v. 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: I, That Plaintiff is in possession of the original promissory note upon which this action is brought. 2. The location of the original promissory note is12425 28TH STREET NORTH, SUITE 200, ST. PETERSBURG, FL 33716. 3. The name and title of the person giving the certification is: Gaylyn Leach, Original Document Processor for Plaintiff's attorneys, eXL Legal, PLLC. 1000005434 4. The name of the person who personally verified such possession is: Gaylyn Leach, Original Document Processor for Plaintiff's attorneys, eXL Legal, PLLC. 5. 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, I 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 1000005434 . . — a pe be~ S00 230433 NOTE May 16, 2008 Datel 2721 E. 1ith Court PANAMA CITY, PL 32401 PProperii Avkdarss] i. PARTIES “Basrowcr” means cach persent signing af the ead of this Note, and the persan’s successors and assigns. “Lender” means Taylor, Bean & Whitaker Mortgage Corp. abd its Successars and assigis. 2. BORROWER'S PROMISE TO PAY INTEREST fa rete for a loan eccetved fram Lender, Borrower promises to pay the principal sam af Seventy One Thousand Seven Hundred Seventy Three and no/100 Ballars OS. 874,773.00 1 plus Interest. tothe order of Lender, fnterest will be charged on unpaid praiwipad. trom the date of dishursement af the loan proceeds fy Leader, at the cate of Six and One Half percent 4 6.5000") per sear und the full anrount of principal has been paid. a. PROSHSE TO PAY SECLRED Hearowcr’s promine te pay is secared bv a mortgage. deed of trast or similar security instrument that is dated the sane daic as his Note wid called the “Security instrament.” The Security Listrunrent protects the Lender from kesses which might susie dd Borrosvcr detundts under this Note. 4.0 MANNER CH PAV MENE {Al Time Borrower shall make a payment of principal andinterest & Lender on the first day af each month beginning on July 04, 2008 Aa pemcipal and iaterest remaining an the first day ofJune 2038 . will be hte on dat date. which is called the “Maturity Date.” iB) Place Pastacit shall be mude at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL 344875 of at suclt other place as Lender may designate in writing by notice to Borrower, 3 Nae erat bach month payment af priscysal and interest veill be inthe amount oP US. $453.65 , Phe ainouatwil be part ofa taryer monthly payntent required by the Security lastrument, that shall be applied to principal. interest and other items a the ander described in the Sectirity fastrument. PLGRER FS FIXED RATE NOTE 6 Cac Decn TateLal Lgoa whe alte THe? 1 2007 1OTS TOG (O) Alfonge to this Note for Payment Adjustments Wan allonge providing for pay ment adjustments is executed by Borrower together with dis Nate, the covenants of the slonge shail be incorpented ate and shall amend and supplement the covenaats of this Noty as ifthe alhange were 4 part af dus Note. check applicable boys = Cosensing Equity Alonge r] Graduated Favavont Allonge - titer fspecus | S. BORROWER'S RIGHT TO PREPAY Borrower has the right ie pay the debt ov idenced by dis Note, in schole or in part. without charge or penalty on the fiese day tars neath.Lender shall accept prepay ment on other days previded that Borrwer pays interest an the amount prepaid lor the rentainder of the month to the extent required by Lender and permitted by regulations of the Seuretary. [f Bornawer Stakes a parcel proparment there will be nec changes in the due date or-in the amount ofthe monthly payment unless Lender agTees i vaiting to thiase clwages, & BORRGAVE RTS FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has new received the full mantlly pay ment requiced by the Security Instrument. as described in Paragraph 4c} al this Sote fy dhe end of fifleen calendar days after the payment is due. Lender may collect a fate charge in the amount of FourcB)Defantt percent { 40 “spabthe ovendue amount of each payment IBorroics detauits be failing to pay ja fill any monthly payment. then Lender may. exccm as Hmited by regulations of the Necretars in the vase of payniant defaults. require immediate Payment in tull af the peiicipal balance remaining due and all accrued niterest, Lender mas choose not 1a exercise ibis caption, without w alving tts rights in the event of any subscquent default. In oiany circumstances regitations issued by the Secretary will feat Lender's tights to require immediate payment in Tull ft dhe case ot pax atent defauits, This Nate dees not authorize acceleration when not permitted by HUD regulations, As used i His Nate, “Seerenire” means the Secretary of Housing and Urban Development or his or her designee. (C) Payaent of Costs and FE xpenses H fender has required immediate payment in full, as described above. Lender inay requiee Borrower fr pay costs aad sApeiees inchadtg reascnable and customary attorneys’ fees for enforcing this Note to dhe extent net prohibited In appticable lave. Suet tees and conts shall bear interest frown the dave of dishursement at the sammie cate us the principal of this Note. 7 WAEVERS Borrasor and any other person wha has obligations under chis Note waive the right, of prescnament and oolice of dishonor. “Preseathhont” meany the right te require Lender to demand pasment of ankiints duc. “Notice af dishonor” means the right to coquire Leader to give notice to other persosts that amounts due have not been pad, 3. GIVING OF NOPICES Unless applicable box requires a diflerent method, anv notice that must be given to Borrower under this Note will be given ty delivering a or by mailing it by first class mail Gs Bornwever'at the property address above ar ata different address if Borrsver has given Lender a natice of Borrower's different address. Any notice that must be given tr Leader under this Note will he given by first class tail us Lender at the address stated it Paragraph 400 orat a different addrvas if Borrower is viverra notice ofthat diferent address. 9. OHLIG ATEONS OF PERSONS LNDER THIS SOTE I ntore than ente person signs this Nate, each person is tulle and personally obligated to keep all ofthe promises made in this Note. including the promise to pas the hdl ainount owed, Any person who is a cuarantar, surety or endorser of this Netgis abso obbeated to de these Udags. Ams person who wkes over diese abligaiions. including the obligations af a Buamaitor sencly or endorser af this Note, is.alser obligated to Leep all of the prumises made in this Now. Lender may entree fe right under tis Sate against cach person individually or against, aff signatories together. Any one person signing this Sole nave he required te pay all of the amounts awed under this Nate, FLORIDA FHA FINED RATE NOPE OrdeDers " a By Pave Dat preety} Pe Chiles Gall (E90 Sima A005 mess serps One yearned ott ete! i BOCOMENTARS TAN The vale docunientary Ws duc ont dis Sate has been paid oa the mortgage securing this indebtedness. BY STONESG FICLONG, Borrnser accepts and agress to the ters and covenants contained in pages 1 through 3 af this P &sve Gh! Lace scnatntncencnnnnn TEAL) eanagnanmnennicenaannem PSEUE Cpe fE Shay p. Ethel Carr Bae set ~Bagre wer og wa yt adn Lito etn eee S12 § eee nae 6.72771| Josephine Brown Homesaer sBerras.ex canetmanneeneen nice vienimcenesneaneutitninise en O55 51 F sen enn (SEAL «Pharr Bortss or Piga Original Unie} Without recourse, pay to the order af By: Taylor, Bean & Whitaker Mortgage Corp. LS 1 haw Erla Garler-Shaw, EVE FLORIDA EEA FINDDPRALE NOTE Gra etnoe” » } 4 ‘ i ; PREPAREiS | / “ew Jessica Cunningham j vite Taylor, Bean & Whitaker Mortgage Corp. 1417 North Magnolia Ave Ocala, FL 34475 ; ; Fite # 2808033408 OR BK 3088 Pages 232 - 239 RECORDED 08/11/08 14:47:01 func CARL M. SUGARMAN Haratd Bazzel, Clerk Bay County, Plorida 17348 S. DIXIE HWY DOC STMP-M. $264.50 INT TAX: $143.65 ] DEPUTY CLERK GB | #2 | ? Trans# 879622 er te neni nee tanned nn Espace Above thts Line For Recording Data} “ * FUA CAST My ~ — MORTGAGE ie wuSe ee al i THES MORTOAGE CSecarity lasirument”) is giver on May 16, 2008 : The mortgagor is Ethel Carr and and Josephine Brown ; Dols Snaié ae “PeesonS 5 C Rorrawer”}, This Security Instrument is given to Mortgage Liecwonic Registration Sistas, lac. OMERSR MERS js a separate corporation that is acting solely as nominee ferLeader and Lender's successors sad assigns. MERS is the nertgagee under this Security listrament. MERS is vtymilacd aud evisting under die laws of Delaware, and has an address and jelephane number of P.O. Box 2026, Flint, MI ASsd1 lute, if 1888) 670. MERS, Taylor, Bean & Whitaker Mortgage Carp. Leader’) is organized and existing vtvder the boys of FL and fas un address of 1447 North Magnolia Ave, Ocala, FL 34475 Heerower owes Loder the principal sam of Seventy Qne Thousand Seven Hundred Seventy Three and no/100 Daliars (OS. S71 773,00 is Fis debe is evidenced by Borrower's note dated the same date as this Security Instrument (Note), which provides for mesachly par iionts, with the fd debt, if aot paid earlier. due and pavablc on June 01, 2038 . This Securit, Insrament secures to Lender: ia) the repay ment af the debt evidenced by the Note. with interest. and aff feat. exteriors amimoilifigations afthe Newe: chi the payment, of all othersums,withinterest. advanced under paragraph 7 ts profest thesecurity of this Sweety fnsteament: and tor the performances of Borrawer’s covenants and datooments uitder thts Security Insiriaient aad the Note, Par this parpese, Gorrawer does fiereby mortgage. grand and conmves fo HERS solely as noarince for Laker and Lender's saecessars and assigns] and to the successors and assigns of MEERS the tilowdag described pruperty [cared in BAY County, Fharsda: PRORIDA FRMORTGAGE amy ERS Greatiooss ee — See Attached Exhibit A. hich fas the address of 2721 E. ith Court fescue} PANAMA toed CITY . Florida 32404 Lep Cnt] CProperty Address”); TOGETHER WITH all the improvements now or hereafter crecied on the property, and all casements. appartenanves. and Testures now or hereafter a part af the property. AU replacements and additions shall alsa be covered by this Seourits Instcunicnt, All of ihe lorcgoiny is referred to in this Security Instrument as the “Property.” Borrower understands avd agrees that MEARS holds only legal dde me the interests granted by Borrower in this Security Instrument: but. if necesan to comply with fav on caster, MERS (4s nominee for Lender and Lender's successers and assigns) has the fight: to exercise any or all af those interests. tachaling, bat niat livtited ta, the right to foveclrse and sell the Property: and to take any action: required of beader moluding, bur not limited ta. releasing or canceling this Security histrument, BORBOMAER COVENANTS dhat Borrnver is hin fully selsed of the estate hereby conveyed and has the right to morlgage. grant and comveytheProperty and that theProperty isunencumbered, exceptfor encumbrances of record. Borrowerwarrants and willdefend envimbnnteus af record. generaletheide to the Property against all claims and demands. subject to ary HHS SEOUREPY INSTROMENT combtacs unaifarin covenants tivnational use andBun-anifrirn cas enanits vith faulted variations 6. picisdiction te Constitute a uniform Securit instrument covering real property. ENECORAECUVEN ANTS, Borraucr and | emer con cianit and agree as lallaws: 1. Payment of Principal, Interest and Late € ‘harge. Borrower shall pay when due the principal of, and interest an, the debt caldenced by the Nate and late charges due under the Sore. 2. MonthlyPayment uf Taxes, Easuranee. and Other Charges, Borrower shall include in cack wmoathly payment. eusdhes wihtheprivcipal andinterest as setforth