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Filing # 99810427 E-Filed 12/04/2019 04:46:53 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA.
CIVIL DIVISION
THE BANK OF NEW YORK MELLON ffk/a
THE BANK OF NEW YORK as Trustee for
Nationstar Home Equity Loan Trust 2007-A
Case #: 19004414CA
Plaintiff,
“VS.
Vickie Alexandra Large a/k/a Victoria
Alexandra Large a/k/a Vickie Large; Shawn
Michael Large; Unknown Spouse of Vickie
Alexandra Large a/k/a Victoria Alexandra
Large a/k/a Vickie Large; Unknown Parties in
Possession #1, if living, and all Unknown
Parties claiming by, through, under and against
the above named Defendant(s) who are not
known to be dead or alive, whether said
Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other
Claimants; Unknown Parties in Possession #2,
if living, and all Unknown Parties claiming by,
through, under and against the above named
Defendant(s) who are not known to be dead or
alive, whether said Unknown Parties may claim
an interest as Spouse, Heirs, Devisees,
Grantees, or Other Claimants
Defendant(s).
VERIFIED MORTGAGE FORECLOSURE COMPLAINT
Plaintiff, THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK as
Trustee for Nationstar Home Equity Loan Trust 2007-A, sues the Defendant(s) and alleges:
COUNTI
MORTGAGE FORECLOSURE
1. This is an action to foreclose a mortgage on real property located in Bay County,
Florida.2. Defendant(s), Vickie Alexandra Large, ("the Borrower(s)”), executed a
Promissory Note (“Note”) dated November 25, 2006 and Defendant(s), Vickie Alexandra Large
and Shawn Michael Large executed a first Mortgage dated November 25, 2006 securing the
payment of the Note. The mortgage was recorded on December 12, 2006, in Official Records
Book 2863, at Page 1362, of the Public Records of Bay County, Florida, (All subsequent
recording references are to the public records of Bay County, Florida) and mortgaged the real
and personal property (“Property”) described therein, then owned by and in possession of said
Mortgagor(s), a copy of the Note and Mortgage is attached hereto, (True and correct copies of
said Note and Mortgage are attached hereto as Exhibit “A” and Exhibit “B” respectively.).
3. The parties subsequently modified the aforementioned loan documents. A copy
of the last Loan Modification is attached hereto as Exhibit “C”,
4, The Defendant, Vickie Large, executed the Loan Modification.
5. Plaintiff holds the Note and Mortgage.
6. Defendant(s) has defaulted under the Note, Mortgage and Loan Modification by
failing to pay the payment due November 1, 2018 and all subsequent payments.
7. Plaintiff declares the full amount payable under the Note, Mortgage and Loan
Modification to be due.
8. Borrower(s) owes Plaintiff $137,530.86 that is due on principal on the Note and
Mortgage, interest from October 1, 2018, late charges, costs of collection and reasonable
attorney's fees, and such other expenses as may be permitted by the mortgage. Additionally,
the loan was modified March 20, 2017 and there is currently a deferred principal balance of
$29,896.67.9. Defendant, Vickie Alexandra Large a/k/a Victoria Alexandra Large a/k/a Vickie
Large, is the current owner of the real property which is the subject of the Mortgage.
10. All conditions precedent to the acceleration of the Note and foreclosure of the
Mortgage have been performed, have occurred or have been waived.
11. Defendant who may be held personally liable for a deficiency, if any, is the
notemaker, Vickie Alexandra Large a/k/a Victoria Alexandra Large a/k/a Vickie Large, unless
any of such Defendant have been discharged in bankruptcy in which event no deficiency is or
will be sought.
12, Plaintiff has retained Shapiro, Fishman & Gaché, LLP to initiate and maintain this
action and is obligated to pay it a reasonable fee for its services in bringing this action, as well as
all costs of coflection, all of which Plaintiff is entitled to recover from Defendant(s) pursuant to
the Note and Mortgage.
13. That the Defendant, Shawn Michael Large, might have some claim or demand in
the subject property by virtue of a Quit Claim Deed, recorded in Official Records Book 3141,
Page 921, of the Public Records of Bay County, Florida, and all other rights, claims, liens,
interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real
property. The Quit Claim Deed lacks marital status, spousal joinder, or non-homestead
declaration of the grantor named therein. The above-described interest of said Defendant(s) in
the subject property is inferior to the interest of the Plaintiff in said property.
14, That the Defendant, Unknown Spouse of Vickie Alexandra Large a/k/a Victoria
Alexandra Large a/k/a Vickie Large, might have some claim or demand in the subject property
by virtue of spousal homestead interest, if any, and all other rights, claims, liens, interest,
encumbrances and equities, either recorded or unrecorded, if any in the subject real property.The above-described interest of said Defendant(s) in the subject property is inferior to the
interest of the Plaintiff in said property.
15. That the Defendant, Unknown Parties in Possession #1, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) who
are not known to be dead or alive, whether said Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.
16. That the Defendant, Unknown Parties in Possession #2, if living, and all
Unknown Parties claiming by, through, under and against the above named Defendant(s) who
are not known to be dead or alive, whether said Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the
subject real property by virtue of possession, whether by tenancy from the record title holder or
mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage.
17. The interests of each Defendant are subject, subordinate, and inferior to the right,
title, interest, and lien of Plaintiff's Mortgage, unless as otherwise provided for by law.
WHEREFORE, Plaintiff requests that the Court determine the amount due Plaintiff
pursuant to the Note and Mortgage; that if the sums due Plaintiff under the Note and Mortgage
are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the
Property securing the indebtedness to satisfy Plaintiff's mortgage lien; that the rights, title and
interest of any Defendant, or any party claiming by, through, under or against any Defendant
named herein or hereafter made a Defendant be forever barred and foreclosed; and that the Court
retain jurisdiction of this action to make any and all further orders and judgments as may benecessary and proper, including the issuance of a writ of possession, to determine the amount of
assessments duc pursuant to sections 718.116 or 720.3085 and the entry of a deficiency decree,
when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in
bankruptcy,
FLA.R. CIV. P, L115(e) 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.
Printed Name:__‘Trey Cook
Title: __ Document Execution Associate
Company: Nationstar Mortgage LLC d/b/a Mr.
Cooper, as servicer for THE BANK OF NEW
YORK MELLON f/k/a THE BANK OF NEW
YORK as Trustee for Nationstar Home Equity Loan
Trust 2007-A.
Date:_December 22019
Plaintiff, by and through the undersigned attorney, prays this honorable Court grant the
above requested relief and such other relief deemed appropriate and just.
Dated this u dayof_ Dac , aolF
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiffs counsel
hereby designates its primary email address for the purposes of
email service as: SFGService@logs.com*
SHAPIRO, FISHMAN & GACHE, LLP
Attorneys for Plaintiff
4630 Woodland Corporate Blvd., Ste 100
Tampa, FL 33614
Telephone: (813) 880-8888 Ext. 5214
Fax: (813) 880-8800
For Email Service Only: SFGService@logs.com
For all other he
By:
Summer Hodges, Esq.
FL Bar # 76515
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.
19-321900 FCO1 CXE~ Exhibit —
Ahast
+ . ms940
ADJUSTABLE RATE NOTE
(LIBOR 6 Month Index (As Published In The Wall Street Journel) - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY
ONE TIME AND TAK MAXIMUM BATE I MUST PAY.
‘THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
COSTS “¥ ASSOCIATED WITH A NEW LOAN EVEN If YOU OBTAIN REFINANCING FROM THE
MOVEMBER 25, 2006 . LEWISVILLR, Tx 75067
{Das} tem , + (uu)
6524 LAKE DRIVE, PANAMA CITY, FLORTDA 32404
Property Addrei)
1, BORROWER'S PROMISE TO PAY
1q retum for a loan that I have received, 1 promisa to pay U.S. $ 141,300.00 (this amount is called
“peincipal’), plus intorest, to the order of the Lender. The Leader is
NAETONSTAR MORTGAGE LLC
‘T understand that the Lender may transfer this Note. Te Tener or mpone who es hs Note by tae nd who is
ntilled to receive payments under this Note is called the “Note Holder.
2. INTEREST
fc wl be chne on eapelt pp on ho fl moet of poe! hs be pl T will pay interest at a
pealy mae of 8.410 ‘Tho tenes rate Twill pay may change in accondance with Section 4 of this °
Te" teed en 2a cn Nh py ao dy
default deseaibed in Secon 7(B) of this Note,
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every mionih.
Twill make my monthly payments on ths Jet day ofeach nth begialng on JANUARY 2
2007 . Twill make these paymcnis every month unfl have paid all ofthe principal and interest and any other
charges desertbed below that I may owe under this Note, My mandhly paymeats will be applied to interest before principal,
¥f, on DECEMBER 1, 2036 I still owe amounts under this Note, I will pay those amounts in full on
‘that date, which is called the “Maturity Date,“
Iwill make my monthly paymentsat «8.0, BOX 199400
DALLAS, TX 75219-9077
or ata different place if required by the Note Holder,
(B) Amount of My taitial Monthly Payments
Rach of my initial monthly payments will be in the amount of U.S, $ 1,026.20 = This amount
may change,
(©) Monthly Payment Changes
etn ey any guotat will elect change kn the wopald principal of my Tonn and inthe ines ue that 1
mmust pay. The Note Holder will determine my new interest rete and the changed amount of my monthly payment in
accordance with Section 4 of this Note.
4. INTEREST BATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates-
‘The interest rate 1 will pay may change on the dst day of DECEMBER » 2008 ,tndon
that day every 64H © month thereafter. Hach date on which my interost rate could change is called @ “Change Dale.”
LEE ggg te aat0on wore Page tots Tenby, Va. : imma 940
©) The Index
Beginaing with the Srst Change Dote, ory interost rate will be based on an Index, The "index" is tho average of
inferbank offered rates for 6 month U.S. dollar-denominated deposits in the London market ("LIBOR*), as published in The
Walt Sireet Journal. The most recent Index figure available as of the first business day of the month immediately preceding
the month in which Une Change Date occurs is called the “Current Indax."
‘Af the Index is ao longer available, the Note Holder will choose a new todex that is based upon comparable information,
‘The Note Halder wall give ms notice of this choice,
{© Caleniation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
BIZ AND 040/1000 pporcentage polnt(s) ( 6.040 %) to tho Curent
Index. The Note Holder will then round the result of this addition to the nearest one-cighth of ono percentage point
epee (nH sod bi Seton ACD) tal, is eed amount wi bo my et nites tn afl she
‘next .
‘The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the ungald
Principal that 1 am expected to owe at the Changs Date based on the remaining term of the scheduled 40 year amortization
‘Period at my new interest rato in substantially equal payments. The result of this calculation will be the new amount of my
monihly payment,
@) Limits on Interest Rate Changes
‘The interest milo 1 am required to pay at the first Change Date will not be greater than 11.430 Boe
tess than 8.410 %. Thervafier, my interest rate will never be increased or decreased on xy
‘single Chango Date by more than. ONR AND 500/100
percentage points(s) ( 1.500 ‘%) from the rate of interest 1 have been paying for the preceding
€ months. My interest rate will mover be greater than 25.410 orlowerthan 8.410%.
©) Ettective Date of Changes
‘My bw interest rato will become effective on each Change Date, Iwill pay the amount of my new monthly payment
Peginning ‘on the first monthly payment dato after the Change Date until the amoumt of my monthly payment changes
age
{© Notice of Changes
‘The Note Holder will deliver or mail to me @ notice of any changes in my inlerest rate end the amount of my monibly
payment before the effective date of any change. ‘The notice will include information required by law to be given mo and
algo the tslephons number of « person who will answer any questions I may have regarding the notice.
Ss. seer ne AUMt toon reread of ply at they a doe. A fp ote
Thave the right to make payments of ipal at any before are due. A prepayment o! ‘unpaid
peincipal is known as a “full prepayment." A prepaynucat of only part of the unpald principal ls known as-a “partial
Prepayment.”
Except as provided below, I may male a full or partial prepayment at any time. If] make a patthal prepayment, there
‘will be no changes in tho due dates of my monthly paymanis unless the Note Holder agrees in writing to those changes. My
partial prepaymient may reduce the amount of my monthly payments after the first Change Date following my partial
prepayment. However, any reduction due to my partial prepayment may be offset by an ioterest rate increase. J may nuke
8 full prepayment at any time. However, if within the first 36 months after the exocution of the Mostgags, Deed
‘of Trost or Deed to Secure Debt (the “Security Instrument"), 1 make aty prepsymeni(s) within any 12-month period che
total amount of which exceeds twenty percent (20%) of the original principal amount of this Joan, I will pay a prepayment
charge in an amount equal to the payment of six (6) months’ advance interest on the amount by which the total of my
‘ptepayment(s) within that 12-month period exceeds twenty percent (20%) of the original principal amount of the loea.
6. LOAN CHARGES
If a law, which applies to this loan and which se(s maxirmum loan charges, is Sinally interpreted so that the interest or
‘other foun charges collected or to ba collected in connection with this loan exceed tho permitted limits, then: (j) any such
Joan charge shall be reduced by the emount necessary to redace the charge to the permitted Haut; and (i) any sums already
‘collected fromt ms which exceeded permitted limits will be teflunded to ms. The Note Holder may choose to make tis
‘refund by reducing the principal I owe under this Note or by making a direct payment to me, Af -a refund reduces principal,
the reduction will bo treated as a partial prepayment. .
REST lpg ™™ #41L00N Nor -weree pageaers sea Vel: MAD 40
7, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
‘If the Note Holder has not received the full amount of any monthly payment by the ead of 10
calendar days after the date it is due, J will pay a late charge to the Note Holder. ‘The amount of the charge
wae te eet % of my overdue payment of principal and interest, I will pay this late charge prompily but only once
on .
B) Default
TET do not pay the fail amount of each monthly payment on tho date it is due, I will be in default.
(© Notice of Default
If am in default, the Note Holder may send mo » written notice telting me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of principal that has not been paid and oll,
the interest that I owe on that amount. That date must be at Feast 30 days after the date on which the notice is delivered or
mailed to me.
(®) No Watver by Note Holder
Eyenif, at a time when I am in default, the Nolo Holder does not require me to pay Srumediately in fll as deseibed
‘above, tho Note Holder will still have the right to do so if | am in default at a later time.
(@) Rayment of Note Holder's Caste and Expenses
If the Note Holder has required mo to pay immediately in full as described above, the Note Holder will have the right to
be paid back by mic for all of ils costs and expenses in enforcing this Note to the extent not probibited by applicable law.
‘Those expenses include, for example, reasonable atiomsys! fees,
8, GIVING OF NOTICES:
Unless applicable Jaw requires a different method, any notice thet must be given to me under this Note will be given by
delivering it or by muiling it by first clase mail to me at the Property Address above or at a different addrecs if I give the
‘Noto Holder a notice of my different address.
‘Unless the Note Holder requires a different method, any notice dhat mst be given to the Note Holder under this Note
‘wilt bo given by mailing it by first class mall to the Note Holder at the address stated in Section 3(A) above or at a different
address if] am given a notice of that different address.
9. OBLIGATIONS OF FERSONS UNDER THIS NOTE
‘Tf-mare than one person sigus this Note, cach person Is fully and personally obligated to keep all of the promises mado
in this Note, including the promise to pay tha full amount awed. Any person who is a guarantor, surety or endorser of this
‘Note is also obligated to do these things. Any person who takes over these obligations, inoloding the obligations of a
guarantor, surety or ondorser of this Note, is also obligated to keep all of tho promises mado in this Note. Tho Note Holder
may enforce ite rights under thls Note against each person individually or ageinst all of us together, This means that any
‘one of us may be required to pay all of the amonts owed under this Noto.
10, WAIVERS
Tau any other person win has obligations under this Note waive the rights of presentment and notice of dishonor.
"“Presentment® means the right to require the Note Holder to demand payment of amounts doe. “Notice of dishonor” means
‘the right to require the Note Holder to give notice to other persons that amounts due have not been pald.
‘11, UNIFORM SECURED NOTE
‘This Note is a uniform instrument with limited variations in come‘jusisdictions, In addition to the protections given to
tho Note Holder under thls Note, a Mortgage, Deed of Trust or Security Deed (he "Security Instrument”), dated the sane
date as this Note, protects the Noto Holder from possible losses that might result if I do not keep the promises that 1 mako in
‘this Note. That Security fnstrament describes how and under what conditions I may be required to make immediate
payment in fall of all amounts Lowe under this Note, Som of those conditions are described as follows:
Sg IOOTE sy ra VM
Sale ee‘ coe men 4940
‘Transfer of the Property or a Beneficial Interest tn Borrower, If all or any part of the Property or any
{interest in itis sold ot transferred (or if a beneficlal interest in Borrower is sold or transferred and Borrower is not
a natural person) without Lender's prior written consent, Leuder may, at its option, require Immediate payment in
fall of all sums secured by this Security Instrument. However, this option shall sint be exercised by Lender if
‘exercise is probiblted by federal iaw as of the dato of this Security Instrument. Lender also shall not exercisa this
‘option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended
transferee as if a new loan were being msds to the transferee; and (b) Lender reasonably determines that Lendei’s
Trang’ el notte impaled by th loan ssamption an that thers of «breach of any covenant or agreemet in
this Security Instrument is acceptable to Lender.
‘To the extent permitted by applicable law, Lender may charge a reasonable fee as a conition to Lender's
consent to the loan assumption. Lender aloo may requlte the traisferet to sign an assumption agreement that is
tecepble to Lender end hat obligates th tasers lo keep al te promise and agrcmants rade inthe Now
and in this Security Insteoment, Borrower will contime to be obligated under the Note and this Security
Tnstrament wnlese Lender releases Borrower fa writing.
If Lender exercises tho option to require immediate payment in full, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or
mailed within which Borrower most pay all gums secured by this Security Instrument, If Borrower fails to pay
‘hese sums prior to the expiration of this period, Lender may invoke any remedies petmltted by ehls Security
Instrument without farther notice or demand an Borrower.
12) APRLICABLE LAW Sut of
‘Note shall be governed by the Jaws of the State of etn .
Ifa aw, which applies to this loan and sets maximum loan charges is finally fueapreted so chat cho inerest and othee charges
collected or to be collected in connection with this foan oxceed the permitted Imits, then: (A) any such interest or other
charge shall be reduced by the amount necessary to reftuco the inlerest or other change to the pexmitted limit; and (B) any
‘sums already collected from me which exceed permitted limite will be refunded to me. The Note Holder may choose to mako
‘hig refond by reducing the principal I owe under this Note or by making a direct payment to me. If a refwsd reduces
principal, the reduction will be treated as a partial prepayment, but in no event will a prepayment chargs be assessed if the
Note Holder chooses to reduce my principal balance by applying such excess amounts,
13. DOCUMENTARY TAX
‘The state documentary tax doe on this Note has deen paid on the mortgage securing this indebtedacss.
WITNESS THE BAND(§) AND SEAL(S) OF THE UNDERSIGNED.
Utley ML naandir MAG cy sa (Sea)
VICKIR ALEXANDRA LARGE “Borrower
ae ze
Se aed
ot Seen
SABE aid 228 Nom Pages ots Sign Original Only}oh * ° .
o .
ALLONGE TO NOTE
LOAN NUMBER: = gugmma940
ALLONGE TO NOTE DATED: 11/25/2006
LOAN AMOUNT: 142,300.00
PROPERTY ADDRESS:
6524 LAKE DRIVE
PANAMA CITY, FLORIDA 32404
IN FAVOR OF:
WNATIONSTAR MORTGAGE LLC
AND EXECUTED BY:
VICKIE ALEXANDRA LARGE
PAY TO THE ORDER OF:
WITHOUT RECOURSE: vo
NATIONSTAR MORTGAGE LLC
BY: Bat
7
Mike Newawanger
TITLE: aggistant vice President
pate: DEC 15 2006
mupaoxsExhibit
BFile # 2006084231, OR BK 2863 Page 1362, Recorded 12/12/2006 at 01:23 PM,
Harold Bazzel, Clerk Bay County, Florida Doc M: $494.55 Int, Tax $282,60
Deputy Clerk DW Trans # 788161
0.
“This documem was prepared by: rs ta Ca
THAMETRA VERNER Prtaburgn PA 18220,
299 Sok SHRI byes
Lewveiiic Te 735067
AS pee ater Tite Le or nero Dat
MORTGAGE
DEFINITIONS
: ‘Words used in multiple sections of this document aro defined below and other words are defined ia Sections
. 4,11, 13, 18, 20 snd 21, Certain rules regarding the usage of words used in this document are elso provided
. in Section 16.
(4) "Security Instrument” means this document, which is dated 33/25/2006 .
: SHAWN MICHARL LARGE WIFE AND HUSRAUD
x24 tte Brie
! Pangna City Fl 2aee7
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is
wa
Lenderip® LIMITED LIABILITY COMPANY
‘organized and existing under tho laws of tHe STATE OF DELAWARE .
FLORIDA-Single Family-Fannle Mas/Freddie Mee UNIFORM INSTRUMENT Formao10 101
SD APLY e000)
agate ae,
UP MORTOAOE FORMS -(400)621-7201OR BK 2863 PG 1363
Wommmnt940
: ‘Lender's address is 2828 NORTH MARHOOD
DALLAS, TZ 75201-1516
‘Lander is the morgage under this Secaxity Instrument.
(D) "Note* moans the promissory note signed by Borrower and dated 11/28/2006 :
‘The Note states that Bomower owes Lender
OM® HUNDRED YORTY ONE XHOUBAND THREE HUNDRED & 00/100 Dotters
i ws.s 142,300.00 ) Plus interest. Borrower has promised to pay this debt in regular Periodic
: ‘Payments and to pay the debt in full not Jarer than 12/01/2036 .
(&) "Broperty" means the propety that is descbed below under the heading “Transfer of Rights in tho
Property.’
F) “Loan means the debt evidenced by the Nots, plus interest, any prepayment charges end lato charges
. ‘due under the Note, and all sums due under this Security Instrument, phus intezest.
(G) "Riders" mesne all Riders to this Security Instrument that ere executed by Borrower, The following
Riders are to be executed by Borrower {check box as applicable}:
‘ Adjastable Rete Rider Condominiwn Rider Second Home Rider
: Balloon Rider Planned Unit Development Rider 14 Family Rider
; VA Rider | Biweekly Payment Rides Other(s) [specify]
GH “Applicable Law" means all controlling applicable federal, stato and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
i ‘non-sppealable judicial opinions,
t © "Community Association Dues, Fees, and Assessments" means all duts, fees, assessments and other
charges that sre imposed on Bortuwer or the Property by @ condominium association, homeowners
‘association or similar arganization,
() "Biectronie Funds Transfer" means any wansfer of funds, other than a ounsaction originated by check,
1 deaf, of smmilar paper instrument, which is initiated through an electronic terminal, telephonic insiranieat,
. ‘computer, or magnetic tape 60 as to order, instruct, or authorize a financial institution to debit or credit an
account. Such tam includes, but is not Limited to, pointof-sale transfers, eutonmated teller machine
transactions, transfers nitited by telephone, wire transfers, and automated clearinghouse trnafers,
{K) "Becrow Items” means those items that are desczibod in Section 3,
{L) "Miscellansons Proceeds" means any compensation, senlement, awasd of damages, or proceeds pald by
i ‘my third party (other than insurance proceeds paid under the coverages described in Section 5) for: ())
4 mortgage, grant end convey the Proporty and that the Property is unencumbered, except for
encumbeances of record, Borrower warrants and will defend generally the title to the Propesty against ail
‘claims and demands, subject to any encumbrances of record.
‘THIS SECURITY INSTRUMENT combines uniform covenants for national use and oon-uniform
covensnts with Himited variations by jurisdiction to constiquts a uniform security instrument covering real
PNIFORM COVENANTS. Borover and Lender covenant and agree a flows:
. Payment of Principal, Interest, Kacrow Items, Prepayment Charges, and Late Charges,
Borrower ahall pay when due the principal of, and Interest on, the debt evidenced by the Now and any
‘Prepayrtent charges and lato charges due under the Note Borrower shall also pay funds for Escrow Teme
urruant to Section 3. Payments dqe under the Nowe and this Security Instrument shall be made in U.S. .
curency, However, if any check or other instrument received by Lender ag payment under the Note or this
Scourity Instrament is retumod to Lendes unpaid, Lender may require that any or all subsequent payments
due under the Nowe and this Security Instrument bo made in ane or more of the following forms, a8 velocted
by Lender: (a) cash; (2) money order; (c) cerified check, bank check, treasurer's check or cashier's check,
Provided any such check is drawn upon an institution whose deposits ere insured by a federal agency,
Instrumentality, or entity; ar (4) Electronic Funds Transfer,
Payonents are deemed received by Lender when received at the location designated in tho Noto or at
‘such other location as may be designated by Lender in accordance with the natice provisions in Section 15,
‘Lender may return any payment or partial payment if the payment or partial payments are ineufficlent to bring
the Loan current, Lender may accept any payment or partiat payment insufficient 19 ting the Loan current,
‘without walver of any rights hezeandex ot prejudice to its rights to refuse euch payment or partial payments in
the foture, bot Lender is not obligated to apply such payments atthe tine euch payments aro accepted. If each
Periodic Payment is applied as of lis scheduled due date, then Lender need not pay interest on wnapplied
fands, Lender may bold guch unapplied funds until Borrower makes payment to bring the Loan current. If
‘Borrower does not do so within a reasonable period of time, Lender shall elther apply such fends or retum
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Noto immediately prior to foreclorure. No offset or claim which Borrower might have now or in the
funare against Lender shall relieve Borrower from making payments due under the Noto and this Security
Instrarnent or pecforming the covensnis and agreements secaned by this Security Instrument.
2, Application of Payments or Proceeds, Except as otherwise described in this Section 2, all payments
‘sccopied and applied by Lender shall be applied in the following order of priority: (a) interest due under the
‘Notts (b) principal due under the Note; (c) smounts due under Section 3. Such payments shall be applied 10
‘each Peciodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
‘balance of the Noes,
Hf Lender receives & payment from Borrower for a delinquent Periodic Payment which includes a
‘sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
lo charge. If more than one Periodic Payment is cuutanding, Lender may apply any payment seceived from i
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in i
wt $i)
BAY ere Passes Form 3010 vorOR BK 2863 PG 1367
fm 4940
full, To the cxteat that any excess exists after the payment is applied to the full payment of one ar mare
Periodic Payments, soch excess may be applied to any late charges duo. Voluntary prepayments shell be
‘spplied Girt to any prepayment charges and then as described in the Note,
Any application af payments, insurance proceeds, or Miscellansous Proceeds to principal due under the
‘Now shall not extend or postpone the duo dale, or change the amount, of the Periodic Payments.
3. Funds for Eacrow Items. Borrower shall pay to Leader on the day Periodic Payments ato due under
the Note, until the Note is paid in full, a sum (the "Punds") to provide for payment of amounts duo for; (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments ar gronnd rents on che Property, if ny; (¢) prembns
for any and all insurance required by Lendex under Section 5; and (d) Mortgage Insurance premiums, if any,
‘or sny oums payable by Borrower to Lender in lic of the payment of Morigage Inrarance prembims in
‘accordance with the provisions of Section 10. These items are called "Hscrow Items.” At origination or at any
time during tho term of the Lom, Lender may require shat Community Association Dues, Fees, and
Asscaements, if any, be escrowed by Borrowes, and such dues, fees and assessments shall be an Escrow Item,
‘Bomower shall prompily furnish to Lender all notices of amounts to be paid under this Section. Borrower
‘hall pay Lender the Punds for Becrow Items unless Leader waives Borrower's obligation to pay the Funds
for any ot all Hscrow Lies, Lender may waive Borrower's obligation to pay to Lender Punds for any or all
Bscrow Items at any time, Any such waiver may only be in writing, In the event of such waiver, Borrower
‘shall pay directly, when and where payable, the amounts duo for any Eecrow Items for which payment of
Fands has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing rach
payment within such time period as Lender may require. Borrower's obligation to make gach payments and
{0 provide receipts shall for afl purposes be deemed to be a covenant and agreement contained in this Securky
Instrument, as the phrase "covenant and agreemeat* is used in Section 9. If Borrower is obligated to pay
ocrow Items directly, pursuant to a waiver, and Borrower fails to pay the emount doo for an Bacrow Item,
‘Lender may exercise its rights under Section 9 and pay such amount and Barrower shall then be obligated.
under Section 9 to repay to Lender any such amount, Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Bocrower shall
pay to Lender all Funds, and in such amounts, thet are then required under this Section 3,
‘Lender may, at any time, collect and hold Pands in an amount (a) sufficiont to permit Lender to apply
the Fonds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds duo on the basis of current data and
reasonable catimatos of expenditures of fature Recrow lierns or otherwise in accordance with Applicable Law,
‘The Funds shall be held in an institution whose deposits are insured by a federal agency,
‘Law requires interest to bo paid on the Funds, Lendar shall not be required to pay Borrower any iaterest or
‘camnings on the Fands. Borrower and Lender can agree in writing, however, that interest shall ba paid on tho-
Fonds, Lender shall give to Bocrower, without charge, en annual accounting of the Funds as required by
RESPA,
rouse Ae 5
EDI_AFLY oHey Page tei Form 3010 1/05OR BK
2863 PG 1368
tam 4940
If thece is a surplus of Punds held in escrow, at defined under RESPA, Lender shall account to
Bosrower far the excess funds in accordance with RBSPA. If there is a shortage of Fonds held in eacrow, as
efined under RESPA, Lender shall notify Boerower es required by RESPA, and Borrower ahall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as eequited by RESPA, and Borrower shal pay to Lender the smount necessary to make up
the deficiency in aceordance with RESPA, but in no more than 12 monthly payments,
‘Upon payment in fol of all sums occured by this Security Instrument, Lender shall prompdy refund to
Boarower any Funds held by Lender.
4, Charges; Liens, Borrower hall pay all taxes, assessments, charges, fines, and impositions
suncbotable to the Property which can attain peority over this Security Instrument, leasehold payments ot
ground renis on the Property, if any, and Community Association Dues, Fees, and Assessments if ay. To the
tern tat these lems are Hscrow Items, Bocrower shall pay them in the manner provided in Section 3,
‘Borrower ehall promplly discharge iso which has over
concluded;
cr (C) secares from the holder of the Hien an agreement satisfactory to Lender subordinating the len to this
Secuny Inrument. f Lender deermins tht say par of be Propet is whet oa en Which can sla
‘locity over thie Security Instrument, Lender may give Boxrower a notice identifying the Hen. Within 10
{ays of to da on whch that notice given, Boctowec hall easy he Bator ale Oe ae of
actions set forth above in this Section 4.
Lender may require Barrowe to pay a one-time charge fo a seal eateta tax verification and/or reparting
scvice used by Lender in connection with this Losn,
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
disapprove Borrawer’s cholos, which right shall not be exercised unreasonably, Lendex may require
Boones to py, in connection wih this Loa, eter) x aneme care for od zone deemlnucn,
certification and tacking eve, of () «ono char for fo zo dination end certfication
secviecs and tubsequent charges each tins remappings or similar changes occur which reasonably might
affect such deterrhination or certification, Borrower shall also be responsible for the payment of any fees
{posed by the Foderat Emergency Management Agency in connection with the review of eny flood zone
determination resulting from an objection by Borrower,
Te Borrower falls to mainian any of the coverages described above, Lender may obuln insurance
coverage, at Lender's option and Borower's expense. Lender s under no obligation t0 purchase any
recticuler ype or amount of covetage. Therefore, auch coverage ahall cover Leader, but might or might not
Plott Boctwee, Borrower's equity De Property, rte content of the Property, agalns any ik, haztd
anion
Q{AFL) 00H Papeete Form 3010 1/01OR BK 2863 PG 1369
M4940
‘or Babilty and might provide greaisr or lesser covernge than was previously in etfect. Borower
acknowledges that the cost of the insurance coverage oo obtained might significanly axceed the cost of
Jnmurance that Bocower could have obtained. Any amounts dlsbarsed by Lender under this Section 5 shall
decom additional debt of Bomower secured by this Security Instrument. These amounts shall bear interest at
the Note rato from the dae of dlsbursement and shall be payable, with such interest, upon notice from Lender
to Borrower payment.
‘All insurance policies required by Lender and renewals of such policies shalt bo subject to Lender's
fight to disapprove such policies, shall include @ standard mortgage clauso, and shall name Lender a8
mortgagee and/oc as an addicional lose payee, Lender shall have the right to hold the polices and renewal
certificates, If Lender requires, Borrower shall prompily give to Leader all receipts of pald premiums and.
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lend, for
anager desoucon of, he Proper, sch polish clade a manda martgagecue-and shal
tae Lendex as morgageo andlor us an additional lows payes.
Lender's security 1s oot lessened, During sand restoration peciod, Lender shall have the right to
hold uch fonurance proceeds until Lender has had an opportunity to inspect such Property to easure the work
has been completed to Lender's satataction, that much inspection shall be undertaken prompdly.
Lender may disburse proceeds for the repains and restoration in # single payment or in a seriea of progrese
‘payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
Interest be pald on nich innurance proveads, Lender shall not be required to pay Borrower say interest oF
ceamings on such proceeds, Fees for public adjusters, ot other third partes, retained by Boerower shall not be
‘paid out of the insurance proceeds and shall bo the sole obligation of Borrower. If the reatoration ox repair is
fot economically feasible or Lender's security would be lessened, the inrurance proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, If any, pald to
‘Botower. Such insurance proceeds shall be spplled in the order provided for in Section 2.
If Bocrower abandons the Property, Lender may fle, negotiate and setts any available inrwrance claim
‘end related mamers. If Bocrower dots not respond within 30 days to a notice from Lender thatthe inruranco
carrier has offered to elo n claim, then Lender may negotiate and eeale the claim. Tho 30-day period will
‘ot to exoved the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of umeamed premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of tho Property. Lender
‘may use the ingurance proceeds aither to repair or restore the Property or to pay amounts unpaid under the
‘Note or this Security Instrument, whether or not then dive,
6. Occupancy. Barrower shall occupy, establish, and use the Property as Borrower's principal residence
‘within 60 days affer the execution of this Security Instrument and shall continue to occupy the Property as
‘Borrowez’s principal residence for at least one year after the dats af occupancy, unless Lender otherwise
ma $l)
BHF 000 pager etse Form 3010 101OR BK 2863 PG 1370
A940
‘grees in writing, which consent shall not be unreasonably withheld, or unless extenuating ckeumstances
ist which are beyond Borrower's control,
Preservation, Maintenance
the from ‘or decreasing in value due to its condition, Unless it is detrrmined pursuant to
Section $ that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
Borrower is not rlioved of Borrower's obligation forthe compltion of sach repair r restoration,
Lender or its agent may make reasonable entrise upon and inspections of the Property. it has
reasonable cause, Lender may inwpect the Intetior of ths improvementa on the Property. Lender shall give
Borrower notice athe time of or pelor to mach an interior napection specifying such reasonable cause,
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oe can eg a, each, Bom all the provisions of the lease,
ha leh md he fo Sa shll eh merge teat Lene
‘Mortgage Insurance reimburses Lender (ot any entity thet purchases the
is parece ci harower inte to the Mortgage Insurance,
insurers evaluate their total ‘och insurance: from time 10 time, and may
‘siak, or reduce losses, Theat agreements are
ners and condiion tat are eaifactry to he morgage mses and cho otter pany (cr paris) to these
‘agreements, These agreements merge lef aks payments using ay eu funds
hoe oe aay have alae ray include funds Mixigage Tuurance
‘As a result of thes agreements, percha of i No, nhs ier, ry
oie yy tog eg a ) exmounts that derive
Som (or might be carci a Fre Sonera Montage in exchange
sharing
‘x modifying er reducing loses, I auch provides that an
ibe as rm wert mae he premiums pad to the
insurer, the arrangement is often termed ative reignite Ptr
(@) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Megas Taprans or ay ober ts of Laan. Sach pommel ne crease fe ant
Borrower will awe far Morigay refund,
Any ook peenests wil Suit not affet the Fguts Bosrower bas'= any » Wid respect tothe
Mortgare Inparance under the Hlomeormera Protein Act of 1996 ax any other lw, These Fights ay
include the right to receive certain disclosures, fo request and obtain cauceflation of the Mortgage
Insurance, to have the Mortgage Insurance terminated antamatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the the of mich cauiceltation or termination, |
wn $l)
'L) (0008) Pageoetie Form 2010 1/01OR BK 2863 PG 1372
mmm 940
i, belt er pecan a we Mey
fnich Misceliancous Proceeds ‘be applied to restoration or repair of the
Dept ren pw somly Fac Lia aye
repair and restoration pee pac the right to hold such Miscellancous Proceeds
Lender bas had an ert byte Se enna the wenk: Bas been to Lender's
pro
Ga afcnacng wae nah aie ther ny eet aneen
aur ops et rn ey: gee ‘with the exoosg, if
Bextor
the 4 pera ang denon, ole In wale ofthe Property in which he fa maker
value of the destruction, ar Yoss in value is
immediately beforo the partial taking, or aoe I gal or greater
br to seta repo the Popeye sus sce by ti
‘Socuzity Instrument, whether or not "Opposing that owes Borrower
Seco retain et Cisenenb tara
Batrower sal be in dela A any action ot poceding, whether clo ena is bun hat, In
Lender's Judgment, could regult in forfeicare of the Property ot a imponet of Lends nest
be pay er ks ne ths Sy intone Soe eas h ‘default and, if acceleration
bag ore awe pod a 19, the aon or prochding be so danased wah
ta, in Lear's fudgnen ‘ other ruaiecal impalement of
aaa hts under this: ihe Propet roses of my svar ea
cocci to the impairment of Lendee’s interest in the Property are hereby assigned
TTodlicaton of wonezaon of te wane vor) by Usa Soxty ed by Lender
By AFL) 208) Page 1008 16 Form 3010 1/01OR BK 2863 PG 1373
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A940
‘shall not be deemed so have been given to Lender until actually received by Lender, If any notice required by
this Security Jnstrument is aaa requived under Applicable Law, the Applicable Law requlremant wil mtsfy
‘contesponding
{include the plural and vice versa; and (c) the word "may" gives sole disereton without any obligation to take
say econ,
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument,
18, Transfer of the Property or » Beneficial Interest in Borrower. Ax used in this Section 18,
interests
‘agreement, che intent of which is the transfer of tite by Barrower at a future date to purchaser,
If all ar aay part of the Property ar any Interest in the Property is sold or transferred (or if Borrower is
‘not a naturel person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written
‘consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
‘However, this option shall not be exercised by Lender if such exezciso is prohibited by Applicable Law.
If Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a petiod of not lees then 30 days from the date the notice is given in accordance with Section 15
‘within which Borrower must pay all sums scared by this Security Instrument, If Borrower faila to pay these
faums ptior to the expiration of this period, Lander may invoke any remedies permitted by this Security
Inmrumeat without further notice ar demand on Borrower,
‘Those
Borrower: (8) pays Lender al sums which then would be due under tha Security Instrument and the Noto as
if no acceleration had occumed; (}) cures any defaakt of any other covensnts or agreements; (0) pays all
‘expenses incurred in enforcing this Security Instrument, cluding, but not Hmited to, reasonable asiorneys"
fees, propeaty inspection and vainatin fees, and other fees Incuared for the purpose of protecting Lender’s
intecest in the Property and rights undee ths Security Instrument; and (f) takes such action as Leader euay
reasonably require wo assure that Lenders interest n the Property and rights under this Security Instrument,
ws
CS Page ttot 18 Form 3010 1/01OR BK 2863 PG 1375
1
mm A540
‘and Borrower's obligation to pay the sums secured by this Security Instrument, shalt continue unchanged.
‘Lender may require that Borrower pay such reinstatement sums and expenses fn one of more of the,
forms, as selected by Lender: (a) cash; (6) money order; (c) cantfied check, bank check, treasurer's check or
‘cashier's check, provided any such check is drawn upon an instittion whore deposits aro intured by a federal
agency, instrumentality or entity; or (d) Electronic Punds Transfer, Upon reinstatement by Borower, this
Security Tnstmment and obligations secured hereby shall remain fully effective as if no acceleration had
‘ccconred. However, this right to reinstate shall not apply in the case of acceleration under Section 18,
20, Sate of Note; Change of Loan Servicer; Notice of Grievance. The Noto or a partial inierest in the
‘Note (togesher with this Secarity Instrument) can be sold one or moce times without plat notice to Borrower,
‘A sale might result in @ change in the entity (known as the "Loan Services") that collects Periodic Payments
‘duo under the Note and this Security Instrument and performs other mortgage Joan secvicing obligations
‘under tho Not, this Security Instrument, and Applicable Law. There also might be one or more changes of
tho Loan Servicer unrelated to talo of the Note, If there is « change of the Loan Services, Borrower will bo
given written notice of the change which will state the name and address of the new Loan Services, the
‘address to which payments should be made and any other information RESPA requires in connection with a
notice of transfer of servicing. If the Note is sold and thereafter the Loan is secviced by a Loan Servicer other
than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the.
Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser
unless otherwise provided by the Note purchaser.
Neither Borrower nor Leader may corumence, join, or be Joined to any judicial action (a¢ eliher an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Secwity
Tnstrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
‘this Security Instrement, until sech Bocrower or Lender has notified the other party (with such notice given in
‘compliance with the requ
Preview
Filing # 99810427 E-Filed 12/04/2019 04:46:53 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA. CIVIL DIVISION THE BANK OF NEW YORK MELLON ffk/a THE BANK OF NEW YORK as Trustee for Nationstar Home Equity Loan Trust 2007-A Case #: 19004414CA Plaintiff, “VS. Vickie Alexandra Large a/k/a Victoria Alexandra Large a/k/a Vickie Large; Shawn Michael Large; Unknown Spouse of Vickie Alexandra Large a/k/a Victoria Alexandra Large a/k/a Vickie Large; Unknown Parties in Possession #1, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants; Unknown Parties in Possession #2, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants Defendant(s). VERIFIED MORTGAGE FORECLOSURE COMPLAINT Plaintiff, THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK as Trustee for Nationstar Home Equity Loan Trust 2007-A, sues the Defendant(s) and alleges: COUNTI MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage on real property located in Bay County, Florida.2. Defendant(s), Vickie Alexandra Large, ("the Borrower(s)”), executed a Promissory Note (“Note”) dated November 25, 2006 and Defendant(s), Vickie Alexandra Large and Shawn Michael Large executed a first Mortgage dated November 25, 2006 securing the payment of the Note. The mortgage was recorded on December 12, 2006, in Official Records Book 2863, at Page 1362, of the Public Records of Bay County, Florida, (All subsequent recording references are to the public records of Bay County, Florida) and mortgaged the real and personal property (“Property”) described therein, then owned by and in possession of said Mortgagor(s), a copy of the Note and Mortgage is attached hereto, (True and correct copies of said Note and Mortgage are attached hereto as Exhibit “A” and Exhibit “B” respectively.). 3. The parties subsequently modified the aforementioned loan documents. A copy of the last Loan Modification is attached hereto as Exhibit “C”, 4, The Defendant, Vickie Large, executed the Loan Modification. 5. Plaintiff holds the Note and Mortgage. 6. Defendant(s) has defaulted under the Note, Mortgage and Loan Modification by failing to pay the payment due November 1, 2018 and all subsequent payments. 7. Plaintiff declares the full amount payable under the Note, Mortgage and Loan Modification to be due. 8. Borrower(s) owes Plaintiff $137,530.86 that is due on principal on the Note and Mortgage, interest from October 1, 2018, late charges, costs of collection and reasonable attorney's fees, and such other expenses as may be permitted by the mortgage. Additionally, the loan was modified March 20, 2017 and there is currently a deferred principal balance of $29,896.67.9. Defendant, Vickie Alexandra Large a/k/a Victoria Alexandra Large a/k/a Vickie Large, is the current owner of the real property which is the subject of the Mortgage. 10. All conditions precedent to the acceleration of the Note and foreclosure of the Mortgage have been performed, have occurred or have been waived. 11. Defendant who may be held personally liable for a deficiency, if any, is the notemaker, Vickie Alexandra Large a/k/a Victoria Alexandra Large a/k/a Vickie Large, unless any of such Defendant have been discharged in bankruptcy in which event no deficiency is or will be sought. 12, Plaintiff has retained Shapiro, Fishman & Gaché, LLP to initiate and maintain this action and is obligated to pay it a reasonable fee for its services in bringing this action, as well as all costs of coflection, all of which Plaintiff is entitled to recover from Defendant(s) pursuant to the Note and Mortgage. 13. That the Defendant, Shawn Michael Large, might have some claim or demand in the subject property by virtue of a Quit Claim Deed, recorded in Official Records Book 3141, Page 921, of the Public Records of Bay County, Florida, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property. The Quit Claim Deed lacks marital status, spousal joinder, or non-homestead declaration of the grantor named therein. The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 14, That the Defendant, Unknown Spouse of Vickie Alexandra Large a/k/a Victoria Alexandra Large a/k/a Vickie Large, might have some claim or demand in the subject property by virtue of spousal homestead interest, if any, and all other rights, claims, liens, interest, encumbrances and equities, either recorded or unrecorded, if any in the subject real property.The above-described interest of said Defendant(s) in the subject property is inferior to the interest of the Plaintiff in said property. 15. That the Defendant, Unknown Parties in Possession #1, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage. 16. That the Defendant, Unknown Parties in Possession #2, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants might have some claim or demand in the subject real property by virtue of possession, whether by tenancy from the record title holder or mere possession only, however, any such claim or demand is inferior to the lien of the Mortgage. 17. The interests of each Defendant are subject, subordinate, and inferior to the right, title, interest, and lien of Plaintiff's Mortgage, unless as otherwise provided for by law. WHEREFORE, Plaintiff requests that the Court determine the amount due Plaintiff pursuant to the Note and Mortgage; that if the sums due Plaintiff under the Note and Mortgage are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiff's mortgage lien; that the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendant named herein or hereafter made a Defendant be forever barred and foreclosed; and that the Court retain jurisdiction of this action to make any and all further orders and judgments as may benecessary and proper, including the issuance of a writ of possession, to determine the amount of assessments duc pursuant to sections 718.116 or 720.3085 and the entry of a deficiency decree, when and if such deficiency decree shall appear proper, if borrower(s) has not been discharged in bankruptcy, FLA.R. CIV. P, L115(e) 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. Printed Name:__‘Trey Cook Title: __ Document Execution Associate Company: Nationstar Mortgage LLC d/b/a Mr. Cooper, as servicer for THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK as Trustee for Nationstar Home Equity Loan Trust 2007-A. Date:_December 22019 Plaintiff, by and through the undersigned attorney, prays this honorable Court grant the above requested relief and such other relief deemed appropriate and just. Dated this u dayof_ Dac , aolF *Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiffs counsel hereby designates its primary email address for the purposes of email service as: SFGService@logs.com* SHAPIRO, FISHMAN & GACHE, LLP Attorneys for Plaintiff 4630 Woodland Corporate Blvd., Ste 100 Tampa, FL 33614 Telephone: (813) 880-8888 Ext. 5214 Fax: (813) 880-8800 For Email Service Only: SFGService@logs.com For all other he By: Summer Hodges, Esq. FL Bar # 76515 Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt collector and any information obtained may be used for that purpose. 19-321900 FCO1 CXE~ Exhibit — Ahast + . ms940 ADJUSTABLE RATE NOTE (LIBOR 6 Month Index (As Published In The Wall Street Journel) - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND TAK MAXIMUM BATE I MUST PAY. ‘THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE COSTS “¥ ASSOCIATED WITH A NEW LOAN EVEN If YOU OBTAIN REFINANCING FROM THE MOVEMBER 25, 2006 . LEWISVILLR, Tx 75067 {Das} tem , + (uu) 6524 LAKE DRIVE, PANAMA CITY, FLORTDA 32404 Property Addrei) 1, BORROWER'S PROMISE TO PAY 1q retum for a loan that I have received, 1 promisa to pay U.S. $ 141,300.00 (this amount is called “peincipal’), plus intorest, to the order of the Lender. The Leader is NAETONSTAR MORTGAGE LLC ‘T understand that the Lender may transfer this Note. Te Tener or mpone who es hs Note by tae nd who is ntilled to receive payments under this Note is called the “Note Holder. 2. INTEREST fc wl be chne on eapelt pp on ho fl moet of poe! hs be pl T will pay interest at a pealy mae of 8.410 ‘Tho tenes rate Twill pay may change in accondance with Section 4 of this ° Te" teed en 2a cn Nh py ao dy default deseaibed in Secon 7(B) of this Note, 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every mionih. Twill make my monthly payments on ths Jet day ofeach nth begialng on JANUARY 2 2007 . Twill make these paymcnis every month unfl have paid all ofthe principal and interest and any other charges desertbed below that I may owe under this Note, My mandhly paymeats will be applied to interest before principal, ¥f, on DECEMBER 1, 2036 I still owe amounts under this Note, I will pay those amounts in full on ‘that date, which is called the “Maturity Date,“ Iwill make my monthly paymentsat «8.0, BOX 199400 DALLAS, TX 75219-9077 or ata different place if required by the Note Holder, (B) Amount of My taitial Monthly Payments Rach of my initial monthly payments will be in the amount of U.S, $ 1,026.20 = This amount may change, (©) Monthly Payment Changes etn ey any guotat will elect change kn the wopald principal of my Tonn and inthe ines ue that 1 mmust pay. The Note Holder will determine my new interest rete and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST BATE AND MONTHLY PAYMENT CHANGES (A) Change Dates- ‘The interest rate 1 will pay may change on the dst day of DECEMBER » 2008 ,tndon that day every 64H © month thereafter. Hach date on which my interost rate could change is called @ “Change Dale.” LEE ggg te aat0on wore Page tots Tenby, Va. : imma 940 ©) The Index Beginaing with the Srst Change Dote, ory interost rate will be based on an Index, The "index" is tho average of inferbank offered rates for 6 month U.S. dollar-denominated deposits in the London market ("LIBOR*), as published in The Walt Sireet Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which Une Change Date occurs is called the “Current Indax." ‘Af the Index is ao longer available, the Note Holder will choose a new todex that is based upon comparable information, ‘The Note Halder wall give ms notice of this choice, {© Caleniation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding BIZ AND 040/1000 pporcentage polnt(s) ( 6.040 %) to tho Curent Index. The Note Holder will then round the result of this addition to the nearest one-cighth of ono percentage point epee (nH sod bi Seton ACD) tal, is eed amount wi bo my et nites tn afl she ‘next . ‘The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the ungald Principal that 1 am expected to owe at the Changs Date based on the remaining term of the scheduled 40 year amortization ‘Period at my new interest rato in substantially equal payments. The result of this calculation will be the new amount of my monihly payment, @) Limits on Interest Rate Changes ‘The interest milo 1 am required to pay at the first Change Date will not be greater than 11.430 Boe tess than 8.410 %. Thervafier, my interest rate will never be increased or decreased on xy ‘single Chango Date by more than. ONR AND 500/100 percentage points(s) ( 1.500 ‘%) from the rate of interest 1 have been paying for the preceding € months. My interest rate will mover be greater than 25.410 orlowerthan 8.410%. ©) Ettective Date of Changes ‘My bw interest rato will become effective on each Change Date, Iwill pay the amount of my new monthly payment Peginning ‘on the first monthly payment dato after the Change Date until the amoumt of my monthly payment changes age {© Notice of Changes ‘The Note Holder will deliver or mail to me @ notice of any changes in my inlerest rate end the amount of my monibly payment before the effective date of any change. ‘The notice will include information required by law to be given mo and algo the tslephons number of « person who will answer any questions I may have regarding the notice. Ss. seer ne AUMt toon reread of ply at they a doe. A fp ote Thave the right to make payments of ipal at any before are due. A prepayment o! ‘unpaid peincipal is known as a “full prepayment." A prepaynucat of only part of the unpald principal ls known as-a “partial Prepayment.” Except as provided below, I may male a full or partial prepayment at any time. If] make a patthal prepayment, there ‘will be no changes in tho due dates of my monthly paymanis unless the Note Holder agrees in writing to those changes. My partial prepaymient may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an ioterest rate increase. J may nuke 8 full prepayment at any time. However, if within the first 36 months after the exocution of the Mostgags, Deed ‘of Trost or Deed to Secure Debt (the “Security Instrument"), 1 make aty prepsymeni(s) within any 12-month period che total amount of which exceeds twenty percent (20%) of the original principal amount of this Joan, I will pay a prepayment charge in an amount equal to the payment of six (6) months’ advance interest on the amount by which the total of my ‘ptepayment(s) within that 12-month period exceeds twenty percent (20%) of the original principal amount of the loea. 6. LOAN CHARGES If a law, which applies to this loan and which se(s maxirmum loan charges, is Sinally interpreted so that the interest or ‘other foun charges collected or to ba collected in connection with this loan exceed tho permitted limits, then: (j) any such Joan charge shall be reduced by the emount necessary to redace the charge to the permitted Haut; and (i) any sums already ‘collected fromt ms which exceeded permitted limits will be teflunded to ms. The Note Holder may choose to make tis ‘refund by reducing the principal I owe under this Note or by making a direct payment to me, Af -a refund reduces principal, the reduction will bo treated as a partial prepayment. . REST lpg ™™ #41L00N Nor -weree pageaers sea Vel: MAD 40 7, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments ‘If the Note Holder has not received the full amount of any monthly payment by the ead of 10 calendar days after the date it is due, J will pay a late charge to the Note Holder. ‘The amount of the charge wae te eet % of my overdue payment of principal and interest, I will pay this late charge prompily but only once on . B) Default TET do not pay the fail amount of each monthly payment on tho date it is due, I will be in default. (© Notice of Default If am in default, the Note Holder may send mo » written notice telting me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal that has not been paid and oll, the interest that I owe on that amount. That date must be at Feast 30 days after the date on which the notice is delivered or mailed to me. (®) No Watver by Note Holder Eyenif, at a time when I am in default, the Nolo Holder does not require me to pay Srumediately in fll as deseibed ‘above, tho Note Holder will still have the right to do so if | am in default at a later time. (@) Rayment of Note Holder's Caste and Expenses If the Note Holder has required mo to pay immediately in full as described above, the Note Holder will have the right to be paid back by mic for all of ils costs and expenses in enforcing this Note to the extent not probibited by applicable law. ‘Those expenses include, for example, reasonable atiomsys! fees, 8, GIVING OF NOTICES: Unless applicable Jaw requires a different method, any notice thet must be given to me under this Note will be given by delivering it or by muiling it by first clase mail to me at the Property Address above or at a different addrecs if I give the ‘Noto Holder a notice of my different address. ‘Unless the Note Holder requires a different method, any notice dhat mst be given to the Note Holder under this Note ‘wilt bo given by mailing it by first class mall to the Note Holder at the address stated in Section 3(A) above or at a different address if] am given a notice of that different address. 9. OBLIGATIONS OF FERSONS UNDER THIS NOTE ‘Tf-mare than one person sigus this Note, cach person Is fully and personally obligated to keep all of the promises mado in this Note, including the promise to pay tha full amount awed. Any person who is a guarantor, surety or endorser of this ‘Note is also obligated to do these things. Any person who takes over these obligations, inoloding the obligations of a guarantor, surety or ondorser of this Note, is also obligated to keep all of tho promises mado in this Note. Tho Note Holder may enforce ite rights under thls Note against each person individually or ageinst all of us together, This means that any ‘one of us may be required to pay all of the amonts owed under this Noto. 10, WAIVERS Tau any other person win has obligations under this Note waive the rights of presentment and notice of dishonor. "“Presentment® means the right to require the Note Holder to demand payment of amounts doe. “Notice of dishonor” means ‘the right to require the Note Holder to give notice to other persons that amounts due have not been pald. ‘11, UNIFORM SECURED NOTE ‘This Note is a uniform instrument with limited variations in come‘jusisdictions, In addition to the protections given to tho Note Holder under thls Note, a Mortgage, Deed of Trust or Security Deed (he "Security Instrument”), dated the sane date as this Note, protects the Noto Holder from possible losses that might result if I do not keep the promises that 1 mako in ‘this Note. That Security fnstrament describes how and under what conditions I may be required to make immediate payment in fall of all amounts Lowe under this Note, Som of those conditions are described as follows: Sg IOOTE sy ra VM Sale ee‘ coe men 4940 ‘Transfer of the Property or a Beneficial Interest tn Borrower, If all or any part of the Property or any {interest in itis sold ot transferred (or if a beneficlal interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Leuder may, at its option, require Immediate payment in fall of all sums secured by this Security Instrument. However, this option shall sint be exercised by Lender if ‘exercise is probiblted by federal iaw as of the dato of this Security Instrument. Lender also shall not exercisa this ‘option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being msds to the transferee; and (b) Lender reasonably determines that Lendei’s Trang’ el notte impaled by th loan ssamption an that thers of «breach of any covenant or agreemet in this Security Instrument is acceptable to Lender. ‘To the extent permitted by applicable law, Lender may charge a reasonable fee as a conition to Lender's consent to the loan assumption. Lender aloo may requlte the traisferet to sign an assumption agreement that is tecepble to Lender end hat obligates th tasers lo keep al te promise and agrcmants rade inthe Now and in this Security Insteoment, Borrower will contime to be obligated under the Note and this Security Tnstrament wnlese Lender releases Borrower fa writing. If Lender exercises tho option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower most pay all gums secured by this Security Instrument, If Borrower fails to pay ‘hese sums prior to the expiration of this period, Lender may invoke any remedies petmltted by ehls Security Instrument without farther notice or demand an Borrower. 12) APRLICABLE LAW Sut of ‘Note shall be governed by the Jaws of the State of etn . Ifa aw, which applies to this loan and sets maximum loan charges is finally fueapreted so chat cho inerest and othee charges collected or to be collected in connection with this foan oxceed the permitted Imits, then: (A) any such interest or other charge shall be reduced by the amount necessary to reftuco the inlerest or other change to the pexmitted limit; and (B) any ‘sums already collected from me which exceed permitted limite will be refunded to me. The Note Holder may choose to mako ‘hig refond by reducing the principal I owe under this Note or by making a direct payment to me. If a refwsd reduces principal, the reduction will be treated as a partial prepayment, but in no event will a prepayment chargs be assessed if the Note Holder chooses to reduce my principal balance by applying such excess amounts, 13. DOCUMENTARY TAX ‘The state documentary tax doe on this Note has deen paid on the mortgage securing this indebtedacss. WITNESS THE BAND(§) AND SEAL(S) OF THE UNDERSIGNED. Utley ML naandir MAG cy sa (Sea) VICKIR ALEXANDRA LARGE “Borrower ae ze Se aed ot Seen SABE aid 228 Nom Pages ots Sign Original Only}oh * ° . o . ALLONGE TO NOTE LOAN NUMBER: = gugmma940 ALLONGE TO NOTE DATED: 11/25/2006 LOAN AMOUNT: 142,300.00 PROPERTY ADDRESS: 6524 LAKE DRIVE PANAMA CITY, FLORIDA 32404 IN FAVOR OF: WNATIONSTAR MORTGAGE LLC AND EXECUTED BY: VICKIE ALEXANDRA LARGE PAY TO THE ORDER OF: WITHOUT RECOURSE: vo NATIONSTAR MORTGAGE LLC BY: Bat 7 Mike Newawanger TITLE: aggistant vice President pate: DEC 15 2006 mupaoxsExhibit BFile # 2006084231, OR BK 2863 Page 1362, Recorded 12/12/2006 at 01:23 PM, Harold Bazzel, Clerk Bay County, Florida Doc M: $494.55 Int, Tax $282,60 Deputy Clerk DW Trans # 788161 0. “This documem was prepared by: rs ta Ca THAMETRA VERNER Prtaburgn PA 18220, 299 Sok SHRI byes Lewveiiic Te 735067 AS pee ater Tite Le or nero Dat MORTGAGE DEFINITIONS : ‘Words used in multiple sections of this document aro defined below and other words are defined ia Sections . 4,11, 13, 18, 20 snd 21, Certain rules regarding the usage of words used in this document are elso provided . in Section 16. (4) "Security Instrument” means this document, which is dated 33/25/2006 . : SHAWN MICHARL LARGE WIFE AND HUSRAUD x24 tte Brie ! Pangna City Fl 2aee7 Borrower is the mortgagor under this Security Instrument. (C) "Lender" is wa Lenderip® LIMITED LIABILITY COMPANY ‘organized and existing under tho laws of tHe STATE OF DELAWARE . FLORIDA-Single Family-Fannle Mas/Freddie Mee UNIFORM INSTRUMENT Formao10 101 SD APLY e000) agate ae, UP MORTOAOE FORMS -(400)621-7201OR BK 2863 PG 1363 Wommmnt940 : ‘Lender's address is 2828 NORTH MARHOOD DALLAS, TZ 75201-1516 ‘Lander is the morgage under this Secaxity Instrument. (D) "Note* moans the promissory note signed by Borrower and dated 11/28/2006 : ‘The Note states that Bomower owes Lender OM® HUNDRED YORTY ONE XHOUBAND THREE HUNDRED & 00/100 Dotters i ws.s 142,300.00 ) Plus interest. Borrower has promised to pay this debt in regular Periodic : ‘Payments and to pay the debt in full not Jarer than 12/01/2036 . (&) "Broperty" means the propety that is descbed below under the heading “Transfer of Rights in tho Property.’ F) “Loan means the debt evidenced by the Nots, plus interest, any prepayment charges end lato charges . ‘due under the Note, and all sums due under this Security Instrument, phus intezest. (G) "Riders" mesne all Riders to this Security Instrument that ere executed by Borrower, The following Riders are to be executed by Borrower {check box as applicable}: ‘ Adjastable Rete Rider Condominiwn Rider Second Home Rider : Balloon Rider Planned Unit Development Rider 14 Family Rider ; VA Rider | Biweekly Payment Rides Other(s) [specify] GH “Applicable Law" means all controlling applicable federal, stato and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, i ‘non-sppealable judicial opinions, t © "Community Association Dues, Fees, and Assessments" means all duts, fees, assessments and other charges that sre imposed on Bortuwer or the Property by @ condominium association, homeowners ‘association or similar arganization, () "Biectronie Funds Transfer" means any wansfer of funds, other than a ounsaction originated by check, 1 deaf, of smmilar paper instrument, which is initiated through an electronic terminal, telephonic insiranieat, . ‘computer, or magnetic tape 60 as to order, instruct, or authorize a financial institution to debit or credit an account. Such tam includes, but is not Limited to, pointof-sale transfers, eutonmated teller machine transactions, transfers nitited by telephone, wire transfers, and automated clearinghouse trnafers, {K) "Becrow Items” means those items that are desczibod in Section 3, {L) "Miscellansons Proceeds" means any compensation, senlement, awasd of damages, or proceeds pald by i ‘my third party (other than insurance proceeds paid under the coverages described in Section 5) for: ()) 4 mortgage, grant end convey the Proporty and that the Property is unencumbered, except for encumbeances of record, Borrower warrants and will defend generally the title to the Propesty against ail ‘claims and demands, subject to any encumbrances of record. ‘THIS SECURITY INSTRUMENT combines uniform covenants for national use and oon-uniform covensnts with Himited variations by jurisdiction to constiquts a uniform security instrument covering real PNIFORM COVENANTS. Borover and Lender covenant and agree a flows: . Payment of Principal, Interest, Kacrow Items, Prepayment Charges, and Late Charges, Borrower ahall pay when due the principal of, and Interest on, the debt evidenced by the Now and any ‘Prepayrtent charges and lato charges due under the Note Borrower shall also pay funds for Escrow Teme urruant to Section 3. Payments dqe under the Nowe and this Security Instrument shall be made in U.S. . curency, However, if any check or other instrument received by Lender ag payment under the Note or this Scourity Instrament is retumod to Lendes unpaid, Lender may require that any or all subsequent payments due under the Nowe and this Security Instrument bo made in ane or more of the following forms, a8 velocted by Lender: (a) cash; (2) money order; (c) cerified check, bank check, treasurer's check or cashier's check, Provided any such check is drawn upon an institution whose deposits ere insured by a federal agency, Instrumentality, or entity; ar (4) Electronic Funds Transfer, Payonents are deemed received by Lender when received at the location designated in tho Noto or at ‘such other location as may be designated by Lender in accordance with the natice provisions in Section 15, ‘Lender may return any payment or partial payment if the payment or partial payments are ineufficlent to bring the Loan current, Lender may accept any payment or partiat payment insufficient 19 ting the Loan current, ‘without walver of any rights hezeandex ot prejudice to its rights to refuse euch payment or partial payments in the foture, bot Lender is not obligated to apply such payments atthe tine euch payments aro accepted. If each Periodic Payment is applied as of lis scheduled due date, then Lender need not pay interest on wnapplied fands, Lender may bold guch unapplied funds until Borrower makes payment to bring the Loan current. If ‘Borrower does not do so within a reasonable period of time, Lender shall elther apply such fends or retum them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Noto immediately prior to foreclorure. No offset or claim which Borrower might have now or in the funare against Lender shall relieve Borrower from making payments due under the Noto and this Security Instrarnent or pecforming the covensnis and agreements secaned by this Security Instrument. 2, Application of Payments or Proceeds, Except as otherwise described in this Section 2, all payments ‘sccopied and applied by Lender shall be applied in the following order of priority: (a) interest due under the ‘Notts (b) principal due under the Note; (c) smounts due under Section 3. Such payments shall be applied 10 ‘each Peciodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal ‘balance of the Noes, Hf Lender receives & payment from Borrower for a delinquent Periodic Payment which includes a ‘sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the lo charge. If more than one Periodic Payment is cuutanding, Lender may apply any payment seceived from i Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in i wt $i) BAY ere Passes Form 3010 vorOR BK 2863 PG 1367 fm 4940 full, To the cxteat that any excess exists after the payment is applied to the full payment of one ar mare Periodic Payments, soch excess may be applied to any late charges duo. Voluntary prepayments shell be ‘spplied Girt to any prepayment charges and then as described in the Note, Any application af payments, insurance proceeds, or Miscellansous Proceeds to principal due under the ‘Now shall not extend or postpone the duo dale, or change the amount, of the Periodic Payments. 3. Funds for Eacrow Items. Borrower shall pay to Leader on the day Periodic Payments ato due under the Note, until the Note is paid in full, a sum (the "Punds") to provide for payment of amounts duo for; (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments ar gronnd rents on che Property, if ny; (¢) prembns for any and all insurance required by Lendex under Section 5; and (d) Mortgage Insurance premiums, if any, ‘or sny oums payable by Borrower to Lender in lic of the payment of Morigage Inrarance prembims in ‘accordance with the provisions of Section 10. These items are called "Hscrow Items.” At origination or at any time during tho term of the Lom, Lender may require shat Community Association Dues, Fees, and Asscaements, if any, be escrowed by Borrowes, and such dues, fees and assessments shall be an Escrow Item, ‘Bomower shall prompily furnish to Lender all notices of amounts to be paid under this Section. Borrower ‘hall pay Lender the Punds for Becrow Items unless Leader waives Borrower's obligation to pay the Funds for any ot all Hscrow Lies, Lender may waive Borrower's obligation to pay to Lender Punds for any or all Bscrow Items at any time, Any such waiver may only be in writing, In the event of such waiver, Borrower ‘shall pay directly, when and where payable, the amounts duo for any Eecrow Items for which payment of Fands has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing rach payment within such time period as Lender may require. Borrower's obligation to make gach payments and {0 provide receipts shall for afl purposes be deemed to be a covenant and agreement contained in this Securky Instrument, as the phrase "covenant and agreemeat* is used in Section 9. If Borrower is obligated to pay ocrow Items directly, pursuant to a waiver, and Borrower fails to pay the emount doo for an Bacrow Item, ‘Lender may exercise its rights under Section 9 and pay such amount and Barrower shall then be obligated. under Section 9 to repay to Lender any such amount, Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Bocrower shall pay to Lender all Funds, and in such amounts, thet are then required under this Section 3, ‘Lender may, at any time, collect and hold Pands in an amount (a) sufficiont to permit Lender to apply the Fonds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds duo on the basis of current data and reasonable catimatos of expenditures of fature Recrow lierns or otherwise in accordance with Applicable Law, ‘The Funds shall be held in an institution whose deposits are insured by a federal agency, ‘Law requires interest to bo paid on the Funds, Lendar shall not be required to pay Borrower any iaterest or ‘camnings on the Fands. Borrower and Lender can agree in writing, however, that interest shall ba paid on tho- Fonds, Lender shall give to Bocrower, without charge, en annual accounting of the Funds as required by RESPA, rouse Ae 5 EDI_AFLY oHey Page tei Form 3010 1/05OR BK 2863 PG 1368 tam 4940 If thece is a surplus of Punds held in escrow, at defined under RESPA, Lender shall account to Bosrower far the excess funds in accordance with RBSPA. If there is a shortage of Fonds held in eacrow, as efined under RESPA, Lender shall notify Boerower es required by RESPA, and Borrower ahall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as eequited by RESPA, and Borrower shal pay to Lender the smount necessary to make up the deficiency in aceordance with RESPA, but in no more than 12 monthly payments, ‘Upon payment in fol of all sums occured by this Security Instrument, Lender shall prompdy refund to Boarower any Funds held by Lender. 4, Charges; Liens, Borrower hall pay all taxes, assessments, charges, fines, and impositions suncbotable to the Property which can attain peority over this Security Instrument, leasehold payments ot ground renis on the Property, if any, and Community Association Dues, Fees, and Assessments if ay. To the tern tat these lems are Hscrow Items, Bocrower shall pay them in the manner provided in Section 3, ‘Borrower ehall promplly discharge iso which has over concluded; cr (C) secares from the holder of the Hien an agreement satisfactory to Lender subordinating the len to this Secuny Inrument. f Lender deermins tht say par of be Propet is whet oa en Which can sla ‘locity over thie Security Instrument, Lender may give Boxrower a notice identifying the Hen. Within 10 {ays of to da on whch that notice given, Boctowec hall easy he Bator ale Oe ae of actions set forth above in this Section 4. Lender may require Barrowe to pay a one-time charge fo a seal eateta tax verification and/or reparting scvice used by Lender in connection with this Losn, 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the disapprove Borrawer’s cholos, which right shall not be exercised unreasonably, Lendex may require Boones to py, in connection wih this Loa, eter) x aneme care for od zone deemlnucn, certification and tacking eve, of () «ono char for fo zo dination end certfication secviecs and tubsequent charges each tins remappings or similar changes occur which reasonably might affect such deterrhination or certification, Borrower shall also be responsible for the payment of any fees {posed by the Foderat Emergency Management Agency in connection with the review of eny flood zone determination resulting from an objection by Borrower, Te Borrower falls to mainian any of the coverages described above, Lender may obuln insurance coverage, at Lender's option and Borower's expense. Lender s under no obligation t0 purchase any recticuler ype or amount of covetage. Therefore, auch coverage ahall cover Leader, but might or might not Plott Boctwee, Borrower's equity De Property, rte content of the Property, agalns any ik, haztd anion Q{AFL) 00H Papeete Form 3010 1/01OR BK 2863 PG 1369 M4940 ‘or Babilty and might provide greaisr or lesser covernge than was previously in etfect. Borower acknowledges that the cost of the insurance coverage oo obtained might significanly axceed the cost of Jnmurance that Bocower could have obtained. Any amounts dlsbarsed by Lender under this Section 5 shall decom additional debt of Bomower secured by this Security Instrument. These amounts shall bear interest at the Note rato from the dae of dlsbursement and shall be payable, with such interest, upon notice from Lender to Borrower payment. ‘All insurance policies required by Lender and renewals of such policies shalt bo subject to Lender's fight to disapprove such policies, shall include @ standard mortgage clauso, and shall name Lender a8 mortgagee and/oc as an addicional lose payee, Lender shall have the right to hold the polices and renewal certificates, If Lender requires, Borrower shall prompily give to Leader all receipts of pald premiums and. renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lend, for anager desoucon of, he Proper, sch polish clade a manda martgagecue-and shal tae Lendex as morgageo andlor us an additional lows payes. Lender's security 1s oot lessened, During sand restoration peciod, Lender shall have the right to hold uch fonurance proceeds until Lender has had an opportunity to inspect such Property to easure the work has been completed to Lender's satataction, that much inspection shall be undertaken prompdly. Lender may disburse proceeds for the repains and restoration in # single payment or in a seriea of progrese ‘payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest be pald on nich innurance proveads, Lender shall not be required to pay Borrower say interest oF ceamings on such proceeds, Fees for public adjusters, ot other third partes, retained by Boerower shall not be ‘paid out of the insurance proceeds and shall bo the sole obligation of Borrower. If the reatoration ox repair is fot economically feasible or Lender's security would be lessened, the inrurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If any, pald to ‘Botower. Such insurance proceeds shall be spplled in the order provided for in Section 2. If Bocrower abandons the Property, Lender may fle, negotiate and setts any available inrwrance claim ‘end related mamers. If Bocrower dots not respond within 30 days to a notice from Lender thatthe inruranco carrier has offered to elo n claim, then Lender may negotiate and eeale the claim. Tho 30-day period will ‘ot to exoved the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of umeamed premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of tho Property. Lender ‘may use the ingurance proceeds aither to repair or restore the Property or to pay amounts unpaid under the ‘Note or this Security Instrument, whether or not then dive, 6. Occupancy. Barrower shall occupy, establish, and use the Property as Borrower's principal residence ‘within 60 days affer the execution of this Security Instrument and shall continue to occupy the Property as ‘Borrowez’s principal residence for at least one year after the dats af occupancy, unless Lender otherwise ma $l) BHF 000 pager etse Form 3010 101OR BK 2863 PG 1370 A940 ‘grees in writing, which consent shall not be unreasonably withheld, or unless extenuating ckeumstances ist which are beyond Borrower's control, Preservation, Maintenance the from ‘or decreasing in value due to its condition, Unless it is detrrmined pursuant to Section $ that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if Borrower is not rlioved of Borrower's obligation forthe compltion of sach repair r restoration, Lender or its agent may make reasonable entrise upon and inspections of the Property. it has reasonable cause, Lender may inwpect the Intetior of ths improvementa on the Property. Lender shall give Borrower notice athe time of or pelor to mach an interior napection specifying such reasonable cause, i j | | | ; i E i i | i i i a i SB AFL (0008) Page tot 16 Form $010 1/01OR BK 2863 PG 1371 oe can eg a, each, Bom all the provisions of the lease, ha leh md he fo Sa shll eh merge teat Lene ‘Mortgage Insurance reimburses Lender (ot any entity thet purchases the is parece ci harower inte to the Mortgage Insurance, insurers evaluate their total ‘och insurance: from time 10 time, and may ‘siak, or reduce losses, Theat agreements are ners and condiion tat are eaifactry to he morgage mses and cho otter pany (cr paris) to these ‘agreements, These agreements merge lef aks payments using ay eu funds hoe oe aay have alae ray include funds Mixigage Tuurance ‘As a result of thes agreements, percha of i No, nhs ier, ry oie yy tog eg a ) exmounts that derive Som (or might be carci a Fre Sonera Montage in exchange sharing ‘x modifying er reducing loses, I auch provides that an ibe as rm wert mae he premiums pad to the insurer, the arrangement is often termed ative reignite Ptr (@) Any such agreements will not affect the amounts that Borrower has agreed to pay for Megas Taprans or ay ober ts of Laan. Sach pommel ne crease fe ant Borrower will awe far Morigay refund, Any ook peenests wil Suit not affet the Fguts Bosrower bas'= any » Wid respect tothe Mortgare Inparance under the Hlomeormera Protein Act of 1996 ax any other lw, These Fights ay include the right to receive certain disclosures, fo request and obtain cauceflation of the Mortgage Insurance, to have the Mortgage Insurance terminated antamatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the the of mich cauiceltation or termination, | wn $l) 'L) (0008) Pageoetie Form 2010 1/01OR BK 2863 PG 1372 mmm 940 i, belt er pecan a we Mey fnich Misceliancous Proceeds ‘be applied to restoration or repair of the Dept ren pw somly Fac Lia aye repair and restoration pee pac the right to hold such Miscellancous Proceeds Lender bas had an ert byte Se enna the wenk: Bas been to Lender's pro Ga afcnacng wae nah aie ther ny eet aneen aur ops et rn ey: gee ‘with the exoosg, if Bextor the 4 pera ang denon, ole In wale ofthe Property in which he fa maker value of the destruction, ar Yoss in value is immediately beforo the partial taking, or aoe I gal or greater br to seta repo the Popeye sus sce by ti ‘Socuzity Instrument, whether or not "Opposing that owes Borrower Seco retain et Cisenenb tara Batrower sal be in dela A any action ot poceding, whether clo ena is bun hat, In Lender's Judgment, could regult in forfeicare of the Property ot a imponet of Lends nest be pay er ks ne ths Sy intone Soe eas h ‘default and, if acceleration bag ore awe pod a 19, the aon or prochding be so danased wah ta, in Lear's fudgnen ‘ other ruaiecal impalement of aaa hts under this: ihe Propet roses of my svar ea cocci to the impairment of Lendee’s interest in the Property are hereby assigned TTodlicaton of wonezaon of te wane vor) by Usa Soxty ed by Lender By AFL) 208) Page 1008 16 Form 3010 1/01OR BK 2863 PG 1373 elilH fin! I a Hi ie HETe fens Hay tafe Eel Ha ale i HE & He ieee arth most sina] Gidig $284 taggg22 fd (iu ite rently iui 2 « PH aa i Z CH sul Hy eel fanrlitt| eRe ea Hel Form 3010 1/01 Page ts one g z z 54 gOR BK 2863 PG 1374 A940 ‘shall not be deemed so have been given to Lender until actually received by Lender, If any notice required by this Security Jnstrument is aaa requived under Applicable Law, the Applicable Law requlremant wil mtsfy ‘contesponding {include the plural and vice versa; and (c) the word "may" gives sole disereton without any obligation to take say econ, 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument, 18, Transfer of the Property or » Beneficial Interest in Borrower. Ax used in this Section 18, interests ‘agreement, che intent of which is the transfer of tite by Barrower at a future date to purchaser, If all ar aay part of the Property ar any Interest in the Property is sold or transferred (or if Borrower is ‘not a naturel person and a beneficial interest in Borrower is sold or transferred) without Lender’s prior written ‘consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. ‘However, this option shall not be exercised by Lender if such exezciso is prohibited by Applicable Law. If Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a petiod of not lees then 30 days from the date the notice is given in accordance with Section 15 ‘within which Borrower must pay all sums scared by this Security Instrument, If Borrower faila to pay these faums ptior to the expiration of this period, Lander may invoke any remedies permitted by this Security Inmrumeat without further notice ar demand on Borrower, ‘Those Borrower: (8) pays Lender al sums which then would be due under tha Security Instrument and the Noto as if no acceleration had occumed; (}) cures any defaakt of any other covensnts or agreements; (0) pays all ‘expenses incurred in enforcing this Security Instrument, cluding, but not Hmited to, reasonable asiorneys" fees, propeaty inspection and vainatin fees, and other fees Incuared for the purpose of protecting Lender’s intecest in the Property and rights undee ths Security Instrument; and (f) takes such action as Leader euay reasonably require wo assure that Lenders interest n the Property and rights under this Security Instrument, ws CS Page ttot 18 Form 3010 1/01OR BK 2863 PG 1375 1 mm A540 ‘and Borrower's obligation to pay the sums secured by this Security Instrument, shalt continue unchanged. ‘Lender may require that Borrower pay such reinstatement sums and expenses fn one of more of the, forms, as selected by Lender: (a) cash; (6) money order; (c) cantfied check, bank check, treasurer's check or ‘cashier's check, provided any such check is drawn upon an instittion whore deposits aro intured by a federal agency, instrumentality or entity; or (d) Electronic Punds Transfer, Upon reinstatement by Borower, this Security Tnstmment and obligations secured hereby shall remain fully effective as if no acceleration had ‘ccconred. However, this right to reinstate shall not apply in the case of acceleration under Section 18, 20, Sate of Note; Change of Loan Servicer; Notice of Grievance. The Noto or a partial inierest in the ‘Note (togesher with this Secarity Instrument) can be sold one or moce times without plat notice to Borrower, ‘A sale might result in @ change in the entity (known as the "Loan Services") that collects Periodic Payments ‘duo under the Note and this Security Instrument and performs other mortgage Joan secvicing obligations ‘under tho Not, this Security Instrument, and Applicable Law. There also might be one or more changes of tho Loan Servicer unrelated to talo of the Note, If there is « change of the Loan Services, Borrower will bo given written notice of the change which will state the name and address of the new Loan Services, the ‘address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is secviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the. Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Leader may corumence, join, or be Joined to any judicial action (a¢ eliher an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Secwity Tnstrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, ‘this Security Instrement, until sech Bocrower or Lender has notified the other party (with such notice given in ‘compliance with the requ