Complaint,Petition: LAKEVIEW LOAN SERVICING LLC vs. UNKNOWN SPOUSE OF JOSEPHINE BROWN

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                                Filing # 99795405 E-Filed 12/04/2019 03:09:44 PM

IN THE CIRCUIT COURT OF THE FOURTEENTH
JUDICIAL CIRCUIT IN AND FOR BAY
COUNTY, FLORIDA

CASE NO. 19004409CA

SELENE FINANCE LP
Plaintiff,
v.

ETHEL CARR; JOSEPHINE BROWN; UNKNOWN
SPOUSE OF ETHEL CARR; UNKNOWN SPOUSE OF
JOSEPHINE BROWN; UNKNOWN TENANT 1;
UNKNOWN TENANT 2;

Defendants.

D T TO Ft CLOSE Mi ‘GAGE

Plaintiff, SELENE FINANCE LP, sues the Defendant(s), ETHEL CARR; JOSEPHINE BROWN;
UNKNOWN SPOUSE OF ETHEL CARR; UNKNOWN SPOUSE OF JOSEPHINE BROWN; UNKNOWN
TENANT 1; UNKNOWN TENANT 2; 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 11, 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, SELENE FINANCE LP, is the holder of the note and is entitled to enforce said mortgage and
mortgage note.

4. JOSEPHINE BROWN AND ETHEL CARR, 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.

10000054346. 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. Plaintiff is obligated to pay Plaintiff attomeys a reasonable fee for their services. Plaintiff is entitled
to recover its attorneys’ fees under the Note and Mortgage.

12. As a matter of request for relief, Demand is hereby made on the Defendant(s)/Owner(s),
JOSEPHINE BROWN AND ETHEL CARR, 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
alternative, deposited in the registry of the Court pending further order of the Court, pursuant to Chapter 697,
Fila. Stat.

13. 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.
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 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

1000005434interest omitted from these proceedings, determining the amounts owed to any condominium or
homeowners association and 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);

( awarding Plaintiff its attorney fees, costs, interest, advances; and

(g) for such other and further relief as this Court deems just and proper.

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 knowledgé. and belief. ; |
Vf

 

Dawn Home
Printed Name . tots
Document Execution Specialist

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 David L. Reiger
Attorney for the Pipi Bar 9571S
By: #/

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,

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:

1. That Plaintiffis in possession of the original promissory note upon which this action is

brought.

we

The location of the original promissory note is 12425 28TH 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.

~

I give this statement based on my personal knowledge.

Under penalties of perjury, | declare that I have read the foregoing Centification 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

 

1000005434Composite Exhibit A

 

__NOTE

 

May 16, 2008
Dow

2721 E. 11th Court
PANAMA CITY, FL 32401
Pepe she ot
1 PARTIES

Borewer” meuts each person signing atthe vil of this Note, and the person’s successors and assigns, “Lender

Taylor, Bean & Whitaker Mortgage Corp.

 

and its successors and assigns.

 

2 BORROWER'S PROSE TO PAY: INTEREST

In retar for a foun received from Lender, Rarrotver promises to pty the principal samy of Seventy One Thousand
Seven Hundred Seventy Three and no/100 Datlaes
(CS 74,773.00 J} play interest, te the onder of Lender, fnterest will be charged on
principal dom the date nt disbursomeat at the loan proceeds bs Lender, at the rate af Six and One Half

 

patil

 

porecnt 6.5000" per

 

until the fall amount of principal has been pie

3 PROMISE TO PAY SECURED
Horner's

 

mine tet pay i sectired by amos deed of trust oe sintthar s

 

rity instraenient that is dated the Same
ww and caicd the “Security Instrament.” The Security Instrument protects the Pender trom fosses which might

 

dlae ay this S

 

result it Borrosver detunits ander dis Note

4. MANNER OF PAY MENTE
«vy Time
Bevower shall make «omen! of principal and interest to Lender ot the fist day af each mont: beginni
July 04, 2008 Any principal and interest rentaining on she fies! day of June 2038
Hebe dic on that dhe, which is called the "Maturity Date.”
thy Phace
asnicnt shat! by nade Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave, Ocala, FL
34475,

 

 

 

svat such other place as Lender may designate in writing by notive to Borrower
1) Amount
Lact monthly pay oent of principal anid intorese iE be inthe ammount of |S, $453.65
Lhisamoone sill by port as kirser monthly: payment required hy the Security. Instrument, that shall be applied te principal
interes sind eater items i

 

for described in the Security Insteument

HEORMDY HEN TINE UTE SotD om

Doe

vert,(CD) Altonge te this Note far Payment Adjusstnn

Wan aie ed by Borrower tagethter sith this Nore, the covenants of the

 

pisocidting For payment adjustments ise

 

Mlenee shall be Mewporated bite and shall amend and supplenteat the covenants of this Note as if the allonge were a part ot
this Soe Check applicaie bot

ing Ejay Monge TJ] Graduated Payment MMlanze

 

RORROWER'S RIGHT TO PREPAY
Boaronver has the right te pay the debe etidenced bd

 

   

fe. in whole Hr in part. without charge or peaalty on the first
fa at any month, Feeder shal accept prepay ment on other dys provided that Borrower pays interest an the amount prepaid

tor the remainder of the month to the estent required by Lender and permitted by 1

 

lations of the Seoretary. If Borrower

ftinaies « partial prepin ment there il be ner chanses inthe dhe date or in the amouie oF the monthly payment unless Lender

 

cutee in seriting ta tiene cin

 

6. BORROWER'S FLERE £0 PAY
(MF Late Charge for OV
111 onder has not received the tll monthly pay ment required by the Security. Insteument, ay described in Parseraph 411

 

due Payments

 

 

Laie Note bth et of tigen calendar day after the pay tent is due. Fender may eatlect a lage oh
Four

(lth Detaatt
He Burcaser cetiults hy fbi: ws pay in fall any monthly payment, thea fender may. escept as limites by +

cin the
percent 4.0 hal the overdue amount of each pay meet

ameunt cf

 

  
 

   

thy Secroiag fm the Gow af payment defiults, require immediate payment in full oF the prineipal balance remaining due and
ail

default. Inmany circumstances rezulations issued by the Secretary will limit Lender's

 

 

ited interest, Loner mig chaise not Go exercise this option sithour waiving is rights in the event of any subsequent

 

NS to require immediate payment in

 

full in thy cave

 

F payment de sudlations. AS

 

His. This Nove does net authorize acceleration when not permited by HED
teed in this Note, “Secrecy” aivants the Secretary of Housing aud Crban Development or his or her designee
4} Payment of Casts and Expenses.
TET emder has tequived immodiate payment itt fill ay described above, Lender may require Berrower bs pay costs and
rable hy Sete to the extent noe prohil
foes and costs stall bear interest front the date of disbarsement at the same rate as the principal of this Nee,

 

sponses inch rid ot

 

formats attorneys) fees for enfirsir

   

ced by applicable
bos

   

“WAIVERS

Horener and ony other person whe has obligations under this Note waive the rights af presentment and tstice of

 

wishonor “Present” means the Fight @ require Tender to demand pay ment of aineitts dug, “Notige of dishonor” means

the rizht ts require Lender (0 give notice bo other persons that ammonnts due have nut been paid

8. GIVING OF SOTICES.

ta siven to Bortnver under this Note will be
giver by delisering it or by onditing it hy fitst clays mail te Burrnver adhe property address shosy ar at different address if
Borrower hats

 

applicable baw requitys different method, wits Botice thi nest be

 

iven Leute

 

A notice of Borvower’s different alihvess
ent Fender under this Note sill be given by first class mail to Lender at the address stated
in Paragraph 4th or ata ditterent auidiess if Borns er is gists a motive of that ditherent aldress

  

 

Any notice that must be

9. OBLIG CTLONS OF PERSONS UNDER THIS NOTE
Heruare thane person signs this Note, each person is tully and personally obligated tev keep all wf the promises minke
ti tits Note, incladiny the promise tee pay the full amount axed. Any person whe is

aranlor, Surety or endorser of this

   

Sete false obligated (0 do these thing

 

Any person whe tithes over these obligations. including the wbligations of a

 

sharAnbor, surety of canborser of this Note, is also obligated 16 keep all af the promises made in this Note. Lender may enforce

ther Any ane person si

 

 

its tights cinder Uhis Note agitinst each person individually or against all signatories his

    

Note aia be requited to pay all of the amounts owed «ander this Note

HORNS FIV EIXEH RTT SOE
abuMW. DOCL MENTARY TAX

Thy state documentary tas dug on this Note has been paid on the mortsaze securing this indebtedness.

 

BY SIGNING BLOM Borrower accepts and agrees te the terms anid covenants contaisied in ps through 3 of this

 

 

   

 

eth tS

Bovsoser

oe Neath a «Seal

fa Henoser

— a a (Seats
Tatoos Fratonse

 

wind Only
Without recourse, pay to the order of

By: Taylor, Bean & Whitaker
Mortgage Corp

   

 

a8 Ga <

Bila Carter-Shaw, EVP

ErORIDY HEC MED RATE NorComposite Exhibit A

Betti Fah
Jessica Cunningham
Taylor, Bean & Whitaker Mortgage Corp.

1417 North Magnolia Ave
Ocala. FL 34475

File # 2008033468
OR BK 3088 Pages 252-299
RECORDED 06/11/08 14:47:01

vo CARL M. SUGARMAN Harold Bazeel Clerk
Bay County, Florida
17345 S. DIXIE HWY DOC STMP-M. $281.30
INT TAX: $143.58
DEPUTY CLERK GB
#2

Trans # 879822

 
 

ee Spite Stave Thi

MORTGAGE inca

 
 

  

 

HIS MORTOAGE Security Instowment”s is given on May 16, 2008
is Ethel Carr and and Josephine Brown. “s Sy

Vg nn

    

 

CoRorcower™ 1, Héy Security histeument is given te
Mew

ea Lender aunt Lender's sageessnns ane

 

Ulcctromis Registration Sp seems. Ine. 1 SIERS"L MERS is seperate carpuration that is acting solely as umtinee
ois MERS is the mortuagee under this Security: Instrument, MERS is
ndfer the Lawes of Delaware, an has ay address and telephone mumber of P.O. fees 2026, Flint, MI

WL 22 WL ANNE A7V-MIERS, Taylor, Bean & Whitaker Mortgage Corp.

 

    

waived and visting

   

 

ized snd evisting
aude thy basset PL ‘1

hasnt atdress of 1447 North Magnolia Ave, Ocala, FL 34475

 

Bornaseromes t etder the

 

rincipal sum ot Seventy One Thousand Seven Hundred Seventy Three and no/100
Dollars tS. 974,773.00 1

This debt is cvidenved by Horrawer’s note dated the same date ay this Security Tnstrunent (Note, which provides for

tocathly payments, with tie fall debi, if nor paid eartier, dite and payable on June O4, 2038

His Security Iystranent secures te Lender: tab the repayment of the debt evidenced by the Note. with interest. and all

 

 

 

 

fefiewals estemstogs and miaditications of the Notes iba the paymem of aif ether sums. with interest, advanced ander
Docagtaphh The protest the security ef this Security fastruments and fer the perfiamance of Herrawer's covenants and
rercowertt ainler thts Ncirify Erstrument and the See Lor this purpose, Betrosser does hereby mortgage. grant and coms)

BLS Soodeis as tamiage fur London and benders sugcessses and assignst cand te tty stiocessers and aysigms of MERS the
Patlosints described property located in BAY Count Florida
FORTY HEEY MORI st on

— ovensSee Attached Exhibit A.

    

stich has the adaltess ol 2721 E. 11th Court
PANAMA CITY blvd 32401 Property Adiiress"s

 

LOGL THER W11H all the improvements now or hereatier erected cn the property. and all
uid fistines now oF heteaitier a
fistrunnent. Mh et

tit SERS hols
with

 

nents. appurtenances

Cot die property. Mi replacements and additions shall also be covered by this Security

 

  
 

s referred ta inthis Security Instrunient ay the “Property.” Harrower understands and agrees

sl tite to the interests yranted by Bosroncer in this Security Instruments but if necessary to comply

 

Yer easton, MERS Gis nominee tor Lender and Lender's siceessor

 

wand assigns has the Fi

 

ht: to exereis
T thos interests, inchitigg. but not fhnsied to, the right te torectose and sell the Property: and te take any action

any or all
syuired ot

 

 

 

i ouder but not Limited tu. relesin this Security Instrument
BORROMER COVES ANTS that Borrower is lawfully seiaf af the estite hereby vonveyed and has the right to
wt and comes the Property and that the Property is unencumbered. except for encumbrances of cece

‘wer Sarrants sd will defond generally the dle to the Property against ull claims and demands. subject w an.

 

 

Ber

chicutibraices of recon

  

  

  

FEES SPCC REDS INSTRUMENT combines uniform covenamts tir natiouat use and nen-uniterny covenants with

Hinvived Sarutions by juristiction ts constitute a unitona secu) insinanent covering real property

USTORXECOMEN ANTS, Horronver and | ender cos enant and agtve as fallow
1 Payment of Principal, tuterest and Late Charge. Borrower shalt pas when due the pringipal off aand interest ont
the debt evidenced by the Nowe and kate eta:

 

> due uiider thy Neve
- and Other Charges. Bornoter shall inclide in each monthly payment

her with de pelacipal iad Faterest as set tit in the Note and any Lite charges, a stint five Guy taves and special
Ssesonterts fesied or ts he fev ied against the Pasperty, dst feaschold pay ater
fied cider paragraph 4. tn we insurance
el Urhan Dev clopment (Secretary “hor in any sear it which such premium woukl
the Security Lnsteument, each monthly pagment shall alse include either: (7) a sam for

 

 

Monthly Payment of Tayes, tnsuca

 

    

oe around rents on the Property, nd 6)

 

PrOHTUMS tor isurance F

   

S year in which the Lender must pay stan

 

PreHHUM Bethe Secretar ot Housing

   

ivy been required if Feuder still he

 

the snstial Hortyctse insuranye premian fo be paid by Lender ts the Secretary. or Gi

 

‘monthly chcrge instead of a ntact
ably amount to be determined by the

by the Secretary. these items are called “Lscroe Hents” and the sums paid te

   

Giseiuaey promiany if this Security fsisument ts held by the Secretary. in a ved

 

Seerein. Except for diy monthly cher
te

  

Jer ane called "Lacros Funds

 

fender may. at

  
 

Hime, collect and hokd amounts far bseran Hemis in an a

 

‘gate ammount NOL Gs eseeed the

 

  

   

asa anwar tha way be regained for Bormoacer’s eseros stscount under the Real Estate Settlenbent Procedures Act ef
‘ SC. 8 2001 ct seq. aitd iarplementing regulations, 2. CFR Pact 3S00, as they mut be amended from time te time:
URI SP AT. except thal iy cushion ar reserve permitted by RESP \ thr ananticipsted disbursements or dishursentents before

        

Hhe Rorroaset’s payments are available in the account mi

 

riot be ba

 

sect on amounts dug for the mise

 

insurance premium.
Hi the amounts helt by Fender foe Peers Troms exveed the amounts permitted to be hell by RESPA, Lender shall
es vount fs Borrower forthe wveess Lunds as required by RESP. If the amounts of finds held by Lender at any Gime are not
cilistont pas the Posteo tems shett duc, Londge ats nati the Uornser snd reghire ftonrower to ntake up the shortaze
Im permaitod by RESP

FORINT Mania vet

ners GrowThe TPoerot Purids ste pledved as additional sevarity fr all sums secured by this Security Instament, If Rorrnver

 

ance remaining ter ll

 

Ho all such sums, Borrower's account shall hy credited with the #

 

tenders tr Penler thy Hall pecs

 

installment (tens cr Het ahd Cc] and any tortzage insurance premium installment that | ender has net hecome obfigated

   

rectosure sake

 

Pap te thy Seveviuy, and Lender stall promptly vetind any excess Hinds to Borrower Imapediately prio 46

 

the Property of iy avquisitiow by Lender Horower's account sul be credited with any bakince &
lastallments tie deans Gn. bd aid
3. Application uf Payments. AH payments as
FURST. te the met alt by Lender to the Sc
the Secretary instead of the monthly mortgaze insurance premian
SECOND. te ans ta

hazard insurance premiums, as regained

 

be appticd by Lender as falls:
by

 

iphis Lan 2s

 

veretity or by the monthly chars

 

we lassrance premiyal to

 

 

id fire. Rood anf other

 

special assessments, tease

 

idl payments ox ground rents

HARD. to interest dug under the Note

FOU RTHL te ameatization af the principal othe Note: atl
HP TH to Lay chiirges dig inider the Not
4.0 Fire, Flood and Other Ha

tive of stehsequeutly erected.

   

 

J Tasurane

 

Porrosver shall insure all improwentents on the Praperts. whether nos
2 fire, tor which
Hautes insurance, Uns (astranes staal be maintained ia the amounts and for the periods that Lender requires. Borroser shall
tise insure all improvements ot the Property, whether no in evistence ar subsequently erected, against loss by Mucnls to the

estent requlited by the Secretars.. MH insurance shall be carried with companies appeased hy Lender. The iasurance policies

 

snder

   

vins¢ any hava, casualties, and contingencies. includ

 

 

 

cand any renewals shall he held By Lender and shall iaglade foss payable clauses in favor of, and int form acceptable te,
Leiter
tn the eovnt of loss, Borrower shall

hy Beroser, Fuel iasurance company concerned is her

 

ve Lender immediate notice by mail. Lender msiy make proat af loss ior make

   

pron hy auitorized and ditected f make payment for sich loss
direst eT onder, instead! of ts Bomower and to Lente
fa te the reduction of the indebtedness under the Note and this Security Lastrument, first to any
nrounts applied in the order in paraeraph 3. and then to prepayment of principal, or (by to the restoration wr rep
ed Property, \ny application of the proceeds (6 the principal shall not extend or postpone the due dae of the
pir 2 or chi

sts oner at amount required bs pay all outstanding indehiedness under the Note and this Security Instrument stall he

 

Joi. AI or any part of the insurance proceeds may he applied by

 

Lender. at ns oaption, cit

 

    

      

monthly pasments which are referred te in para the amount of such payments. Vay excess insurance

 

  

pail tthe entity legally entitled thereto,
Py the exent ott

 

ure of this Security Insirument or oer tsmstey of tithe 0 the Property dat etingaishes the

  

3h. (ie aud Interest of Buriat itt and te tusurance palsies i force shall pass tthe purchaser
S Gecupaney. Preservation, rotection af the Peaperty: Berrowers Laan \ppli
Heaschalds, Ronower stall occupy. establish, and use the Moyrerty ay Borrow et"s principal residence within siNty days afte

 

        

intenance and P ation

      

the wrecation of this Seowrity Instrament dor within sixty dks of «later site ow transfer of the Property sand shal continue te
Sup the Proper ts Borrower's principal residence fin at least ame year alter the date of ecupaney. unless Lender
steteriines that ecguirement sill couse undue hardship fr Borroaver, or unless evtenuating eigetmistances exist which are

Peon Bemowee's cantrol Hortower still notify Lender of any extenuating circunastances, Borrower shall not commit

     

 

haste oF dest Hage or substantially change the Property or allow the Property deteriorate, reasonable wear and teat
esschted Conder may inspect the Property if the Property is satcant or abandoned or the haw is in default, Lender may tahe
Honorable tetion t6 protect and presente stich abandoned Property. Boaener shall also be in default if Bomouer

   

 

 

0 application process, gave materially false or inaccurate information «vr statements te Lender tar failed to
Provoke Lender with gy material informations in connection with the loan evidenced by the Note. incladin
fe representations concerning Beroner's overpanics of the Property as a principal residence, this Security Instrument is
guia Kewell, Remongs shall coniply with the provisions of the fease. Hf Borrower aoquires tee title ko tbe Property. the
' will not he merged arthess Fender agie

6 Candemaation. The proceeds of any award or clin for damages, dircet or consequential, in connection with aus

   

but not limited

 

   

Scholl and Tee title testhe mer

 

er in writin,

 

 

std shall ep
Security Harament, Lender shall apply such proc

oF thing of any part oP the Properts. of for cvavesance ie place «

 

conitemnation, are hereby assigned

 

Af to Lender to the extent of the fill amount of the indebwedness that remains unpaid under the Nete snd this
ds to the reduction vf the indebtedness under the Note and this Security

NCaunmounts applied int the order pron ided in parasccph 3, and then fo prepay ment at prineipiel
the principal shall nor extend or postpone the duc date of the monthly payments, whieh ars

    

feteamennt Hirst ts any lini

Any aplication af Uke proceeds

   

  

TOKIO Hy Mat ye
vers Gest:retemed 1 i paantgraph 2

 

change the amount of stich paximents, Vy excess proceeds ser an amount required to pay all
fe andl this Security Instrument shall be paid wethe entity fexally entitled thereto

ae Her's Rights in the Property. Borner stall pay all governmental
nd imponitivins that are not inched in para

  

cuistaniding: indubsednyss uaver the No

 

Charges ta Burrow tection of E

 

 

or niunicipal vlkarses, fines rapt 2, Borrower shall pay these obligations on time:

 

 

 

he entity whictt is cssed the payment HF failure «pay sould adv cisely

 

aiffect Lender's interest i the Property

pea Lenders request Banusver sill proaptly fuenish to Lender receipts exidencing these pay ments

 

W Borvsver folly to make these py ments or the payments required by parazeaph 2. ur fails te perform any other

 

vos gals land agivement= contained int this Security be

 

tunignt, or here is a test! proceeding that may sigaiticantls affect

 

Lendvr’s rights im the Property (such ats a proceeding io hankruptey. lor condemmation «to enforce kaws or revglations). then
Is necessary to protect the value ef the Peaperty and Lender's
pity ment af eves. haga instance and other Hems mentivned in partsraph 2

tt
He beste intorest from the date of disbursement at the Note rate. and at the eption of
Confer shall be inmedisaely due and pay alte

 

Fender mig de anal pay whatever
including

   

us in the Property,

 

    

Any amnumis distiersed by Lender under this pa

 

ueraph shall become an alitional debt of Borrower and he sec

 

J by
this Security Listiument. Hrgse amenity sh

 

Bectonser shall pimps discharay any tien shich has priority over this Security ustrument unless Borrower: tatagrees
ier rit ayiment of thy of

 

 

Wien secured by the Lien in a manner acceptable to Lender: ( ciottesty it soul faith the

   

fists by, oe defends a

 

inst enforcement of the Tien in, legal proceedings which in the Lender's opinion operate to prevent the
vah-fccttent of the Hen: or Gor secures from the holder af the Beran agreement satistactry te: Lender subordinattine the ty
te dhs Secarits Instoument, IE Lender deterinines that any part of dhe Property is subject to a Hien which may attain priority
seer this Security Instrument, Lender inay give Boonwer a notice identifying the lien, Rorraiwer sbulll sitisth the lien or take
he or mor of the ations set forth above within 1 days of the
5. Fees, Lender may collest fees and cha
9. Grounds far Aeeleration af Debt
(a Default, Lender may. except as fimited by regelations issued hy the Secretary in the case of payment detatlts
require immnediaee pay mint in full ofall sams secureal by this Securit Instewmeut if

 

   

 

 

giving of notice.

 

   

cs authorizes by the Seerotary

 

Gi) Bomacor sketaults by tailing to pay in full

 

ny Monthly payment required hy this Security Instrument priee
teoren the dug date of the nest monttily pay ment, Gr

68 Bomacer detadts by tellins, for period of thirty days. t perform ang other obli
Secuity Insteaument

tions contained in this

 

(hi sale Without Credit Approval, Lender shail. if permitted by applicable fa ‘including scetion Mid of the
CamMeSE Geman Depository Mistitutions Ast of LIS2. 12 US.C. E71. aN ane with the prior approval of the

Secreta. requiry immediate payment in tudl at all sums secre by this Security Instrument if

 

(i) Mbor pan ot the Peoperty, or a heneticial interest in a teust ossaing all or part of thy Property. is suk ot

 

ferred Gather than hy devine or descent), ad
GEL The Property is not occupied by the purchaser or

 

Hee as His or her principal residence
w ghittice dees st accapy the Property, but his or her credit has not beet approved in accordance with the
eeuiitontents oh the Secretary

 

the purchase

(el Na Waiver, if circumstances eccur that woald permit ender to require immediate payment in full, but Lender
dives mo Avquite stich payments. | ender does nov waive its rights with respect to suhseqitett ev ents
(ay Regulations of HUD Seere

Fights, in the case of payment dy

 

ys. tn many ciecum.

   

sitices regulativns issued by the Secretary will limit Lender's
HS. te require immediate payment i full and torectose if not paid This

 

Secity Instrument does not authorize acceleration sar forechostre it nt permitted by re
fe) Mortgage Nat Insured, Borrower avrees that it this Seeurity Instrument and the Note
sligible tor insurance snder the National Housing Act within eight months

frou the dote hereof, Lender may. at its option reglire immediate py
Security Instrument, writen statement! af aay authorized awent of the Seeretary dated subsequent to
eight months trom the date he
nstwmnent sad the Note. shall be deemed gonclusive ps
this

lations af the Secretary

 

 

   

are not determined to by

 

 

vent in fall of all suons securcd hy this

 

  

#. declining to insure this Secusiy

     

“tot such ineligibility. Nubsithstanding the Rareyoins
ory not be evetcived by Lender when the unavailability af mseraace is votely due ts Lender's failure to

  

fomtih a Movtzave insurance preaviam 6 the Secrets

16, Rein}

 

rement, Borriay

   

has ar

 

Ait be reinstated if Lender has required immediate pas ment in full hovase
Boroser s tailure te pay an amount due under the Note oe this Security tnvirument, This ¢

 

 

-h¢ applies even atter foreclosure

Prewcadines arc untied, To reinstate the Security Instrument, Bosrosser shall tensfer in «fun suns all aanounts reguired

 

THOR vty Mort

sotvers secaunt current inelutio hie extent they are obligations of Boeroisee under this Security histrument

   

He costs snl resonable and customary attorneys’ tees and expenses properly associated with the foreckssure

 

(pon reinstatement by Borrower. this Security Jnsteument and the obligations that it secures shall remain in
ttect as df Lender had not eeyisined inumediate payment in full, Hoavever, Lender is not roguired te permit reinstatement if (i)

> within

 

     

Wo sears imntedittels

 

Londen hos sissepted reinstatement atter the cammencement of foreckostire preceedin

veins the commencement af « curent foreclosure procevaing, Gir reinstatement will prectiske forectosure on different
«fleet the priority of the lien create
U1. Harrower Not Released: Forbearance by Lender Net a Waiver, Ustension of the time of payment ot

Mowlitic ution of amortization of the sums secured by tis Security lnsteum

 

   

nds i the furs, oF Gd rensstatement will aalversel by this Security Instrument

 

 

gramed by Lender to any successie in interest
ef Borower shall nor apenite ( retedse the Habitity of the ori
Sings a
io of the Stitis secured by this Security fnstriment by reason oP any demand made by the

nal Borrower ov Borrower's sugcessors ia interest. Lender

 

shall not be reyuited t commence prove oF jt interest or refuse to extend time fir payment or

    

Hionsic Modis amorti

 

ivisat Bortnver or Burrower's successars in interest Any Larbearance by

   

Lender i eXereising any right or remedy shall

not B

 

any right or remedy
id Several Liability: Ca-Ni
Security fiswumtent bull bind and henelit the suovessors and ass

 

salver ator preclie the exercise ut

 

 

[Successors and Assigns Bound: Joint

 

Hers. The covenants andl agreements of this

     

 

not Lender and Borrower, subject fo the provisions of
fash hh Borrower's covensiis and asceements shall be joint aad several. Aay Bormver who vorsigns this Security
Unstrument but does ts

esgcure the Notes tia is coesigning this Security. Instru

     

ent only W mortage, grant and convey that
Morrone s interest iu the Property under the wes of this Security Instrument: (61 is mot personally obligated to pay the suns
and any other Borrower oray agree f0 evtend, modify. forbear
we make any aecommodations with regard & the tert of diy Securiiy. Insteumeot ar the Note without that Borrower's

sectited by this Security Lastruments atid (cd

 

fees that Lend

 

vous,

13. Notices. Ny notice iy Barrower provided fr in (his Security fasttument shall he given by delivering it or bs
hailing if hy fest class mail antess applicable kaw requttys de oF anotter method. The netice shall be directed i the Proper
Adtelee

fe Lender's ackiress stated herein or amy stdlress Lender

 

  

 

fer adhlives Rostoasey designates by motive « Lendgr. Any notive to Lender shall be
desi
ive te Borrower or Lender when given as prov ied in this pxtragraph

14. Guverning Law: Severability, This Security Instrument shall bev
iweisdiction in which the Hroperty is tovated. fa the event that
niflicts with applicable hus, such contict shall not affect other provisions of this Security Lnsteany

by First class mail

 

 

ates hy notice bi Bomawer, Any notice pros ided for in this,

 

Security lnstrument shatl be deemed te have heen

 

wermed by federal law and the faw of the

 

 

} provision or ekiuse of this Security Instrument or the Note
nt ar the Note which ean

pmvision. To this end the provisions of this Security. Instrument and the Note

   
   

cet without the conflicting

   

sleclatet to be svt erable
15. Borrower's Copy. Borrower shall be given one conformed copy of the ete and of this Security. lustrument

16. TBiardaus Substances, Borrser shall not cause oF perniit thy presence, dye, disposal, storage, a eclease af any

 

    

  

 

 

Vasankaus Sibstaneys ot on in thy Property, Borrower shath dot do. nor allow anyone ele to de, aaything afiveting the
Property that 1 in stelatiow af toy Fry irommental 1as. The preceding Mo sentences shall not apply 0 the presence. use. ot
sevtiae on the Praperty of sarall quantities of Hazardous Substances that are generally eecounized ts be appropriate to nenial
Fesnlentiat uses aiid te niietenancy of the Property

Honiever shatl promptly give Lender weitten notice «Pans investigation, cham, demand, lie suit or other ation by ny

     

 

grserhatcotal i Fegutiloty genes oF private party invols ing the Property and tny HL

sposhigt Homage fass actual knowledge. If Borrower ke

Hat sigy removal or ether remediation of any Hazardous Substances aitectina the Prop
auctions in aecordance with Ens irommental {ss

aph to. “Hasardvins Substances” are those substances defined as toxic or hazardous substances by

Niheaniwital Daw cad the folowing substare

ardous Substanee or Lavisonmentat

    

   

rs.or is notitied by any governmental or

 

sultry authority

 

 

15 is necessary, Horrower steall
promptly take al necessary rome

 

As sed ier tis pa

 

t

Pesticides and fterhicidles, volatile solvents, materials conciining asbestos ar formalielty de. and rain

   

gasoline, horosene. other famauible or tovig petroleum products. toxig
ive ataterials, As used
Sand laws of the jurisdiction where the Properts is located that

 

int this par

 

staph 10, “Env imantental Law” means fevleral

 

  

Feline te freatth safely oo en iroumentil protection

SOSENILORMECOVENANES, Rorronver and Lender further gov enant and
17. Assignment of Rents. Be

Hosperty. Borrower authorizes Lender oo Lender's

 

Fee ay fiallows,
remer unconditionally assis

     

nel transfers tev Lender ll the rents and revenues of the
fats to collect the rents and events anu hereby dirwets each tenant of
> agents, However: prior ( Letder’s notice fe Bertoaser of Bom

 

 

the Property 16 pas the rents to Pender or Land

   

EEOIID VHA MORTGAGE
nes west:emtent in the Security Insteument, Boerner shall collect and receive all rents and resentes of

 

 

wothe bonetitot Lender and Borrower. This assignment oP rents constitutes am absolete ss

 

Aament

 

tlhe Paapess as trustee

 

 

atid Got any aysiZBINGAH foe additional secutity. en

H Lender gives tetice of breach ty Bamuwer teh all rents received by Borrower shall be heh 6y Borrow er as Guster fe
all be entitled to vollect
and teceive all of the vents of the Property and Co each tenant Pte Property shill pay ofl rents duc and aupaid «6 Lender or

 

benefit of Lender only, to be applied to the sums scoured by the Security tastrument: dh) Lender sf

Lender's assent on fender’ written demand to the tenant

Hormower has not esecuted any prior assignment of the rents and has not and Will uot perlorn aa act that would

 

preven Loter from ese

 

cistiy its rights ander this p:

 

peeiphe 17

Fender shall not be required ty enter upon, fake congrh

   

or maintain the Property belive or alter notige of
cach te bormever, Honever, Lender or a judicially appointed receiver aay dv 30 at any time there is a breach, Any
application of rents shall ot vure or waive any detault or invalidate any other right or remedy of Lender, This assignment af

Fenty ot the Pro debt seoutved by the Security Fasteument is paid in full
18. Foreclosure Procedure. 1 Lender requires mumediate payment in tall under parawraph 9% Lender may foreclose

     

ty sual Yerminate when th

   

   

Security Ineument by juaticial proceeding Lender shall he entitled te culleet all expenses incurred in pursuing the

 

hentvalies pros ieled in this pa

 

fap £8 including. bur a

 

1 Himited to, reasonable attorney 5” fees and costs of title evidence
WW thy Lender's intcrest in this Security Instrument is hekd by the Seeretary and the Seeretary requires immediate
pasatont i full ander pay ale provided in the Single Fa
wire ASL OF 99H OAD LSC. S751 et seq. hy requesting a forectosure commissioner designated
tender dhe Awt to comntenve Foreclosure and to sell the Property as provided in the Act, Nothitty in the preceding
tilable co a Lender under this paragraph 18 or applicabte I
I Sums secured by this Security Instrument, Lender shall release this Security
lnsteument, Hormower shall pay any recordation casts, Lender may cha this Security
Jnstruinent but cats iE ike fee is paid wa third party tor vervices rendered and the charging of the fee is permitted under
porticatle favs

 

raph 9 the Secretary may invoke the nonjudiviat prover wf I

Mortgage Fores

 

sentence

 

shall dyprive the Secretary of any rights ottternvise

      

1. Releaye, Upon paymenr of

 

Borner a fee for 4

   

 

 

 

20. Attorneys” Fees, As ased in this Security Instrument and the Note, anerteys” fees shall Include those awarded by

  

p appellate come ane any attorneys’ fees incurred in a bankruptcy priceedil

 

21. dury Triat Waiver. The Uorrower hereby waives ain right fo atrial by jury ia any section, proceeding, elaint, or

 

uatorckainy, whether in cumract or tort, at lass or in equity aising

 

hub ater in any way related to this Security Instrument
the Nute

Riders ta this Seer

     

ty tastrument, Hone or more riders are executed by Bortower and recorded together with
Hols Security Mistrunteat. the coretamts ef cach such rider shall be incorporated into sand shall amend and supplement the

eos omnis ikl agrecmeit »

 

 

this Security Histrument as ifthe riders} were a part ot this Seeurits Instrument
[Ciieeh applicable hoxtestf

] ¢ sndomiiniam Rider Ty

Growing Lqutity Rider

7 Planned (nit Her elopment Ridder Adjustable Rate Rider [7] Rehabilitation Loan Rider

 

 

© Nonist iwner ecupanes Rider [7] cater iSpecits}

THEORIDVEEY Mom Te vr

ers GestBY SIGNING BEL OM. Romer aevepiy and agrees to the tems contained in paves U through “of this Security

 

Eestriment vad in any Palvet st executed hy Bortusser and recorded with it

 

 

   

oe Wem Salt
Teste Toone
405 .N, Gray Avenue

Panama City. FL 32401
Sie Paci ade __1ealh i _tSeal)
Josephine Brown it . Horiestce
— ee a NO a SCH
Feeney — Torte

  

Couity of
The haregoing instcument was acknowledsed beline me this day of

Milos is persmally Know tome ue whe has prouticed

stone ation

 

a

scanner,
Notary Put Sate of Flonda |
f

i

  

FEORIDY HEY MOR LG Gt
ers

GestLEGAL DESCRIPTIO!

BEGINNING AT A POINT WHICH IS 270 WEST OF THE NORTHEAST CORNER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 2, TOWNSHIP 4 SOUTH, RANGE 14 WEST, RUNNING THENCE SOUTH 264 FEET,
THENCE WEST 110 FEET, THENCE NORTH 264 FEET, THENCE EAST 110 FEET TO THE
STARTING POINT. LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 14 WEST, BAY
COUNTY, FLORIDA.