Complaint,Petition: LOANCARE LLC vs. APPLEMAN, JAMES P

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                                Filing # 94033095 E-Filed 08/12/2019 03:59:38 PM.
19003058CA

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

LOANCARE, LLC,

Plaintiff(s),
VS.
JAMES P APPLEMAN; LINDA APPLEMAN;
THE BANK OF NEW YORK MELON F/K/A
THE BANK OF NEW YORK AS SUCCESSOR
INDENTURE TRUSTEE TO JPMORGAN
CHASE BANK, NATIONAL ASSOCIATION
FOR CWHEQ REVOLVING HOME EQUITY
LOAN TRUST, SERIES 2006-1; BAY POINT
IMPROVEMENT ASSOCIATION, INC.;

UNKNOWN TENANT 1; UNKNOWN TENANT
25

Defendant(s).
/
VERIFIED COMPLAINT FOR RESIDENTIAL FORECLOSURE
Comes now, the Plaintiff, LOANCARE, LLC by and through the undersigned counsel, and
hereby sues Defendants, alleging:
COUNT ONE: FORECLOSURE
1. This is an action to foreclose a Mortgage on real property located in Bay County, Florida.
2. The subject Promissory Note (“Note”) dated August 28, 2013, was executed and
delivered to Plaintiff or Plaintiff's predecessor in interest. The subject Mortgage securing payment of the
Note was recorded on or about September 10, 2013, in Official Records Book 3546, at Page 1569, of the
Public Records of Bay County, Florida, and mortgaged the subject real property then owned by and in
possession of the mortgagor(s). A copy of the subject Promissory Note and Mortgage are attached hereto
and incorporated herein (including any applicable assignments).
3. The Mortgage of the Plaintiff is a lien superior in dignity to any prior or subsequent right,
title, claim, lien or interest arising out of mortgagor or the mortgagor's predecessors in interest.
4. Plaintiff is the holder of the original note secured by the mortgage.

5. JAMES P APPLEMAN has defaulted under the covenants, terms and agreements of theNote in that the payment due July 1, 2018, and all subsequent payments have not been paid.

6. JAMES P APPLEMAN and LINDA APPLEMAN have breached the covenants, terms
and agreements of the Mortgage by virtue of failure to make the payments due under the terms of the
Note.

7. JAMES P APPLEMAN owes Plaintiff $302,531.35 that is now due and owing on
principal, plus interest from and after June 1, 2018 and title search expenses for ascertaining necessary
parties to this action.

8. In order to protect its security, the Plaintiff may have advanced and paid Ad Valorem
Taxes, premiums on insurance required by the Mortgage and other necessary costs, or may be required to
make such advances during the pendency of this action. Any such sum so paid will be due and owing
Plaintiff.

9. The record legal title to said mortgaged property is now vested in Defendant(s), JAMES
P APPLEMAN and upon information and belief Defendant(s) hold possession.

10. All conditions precedent to the acceleration of this Note and to foreclosure the mortgage
have been fulfilled and have occurred.

ll. For purposes of foreclosure, the Plaintiff has retained the undersigned attorneys and is
obligated to pay said attorneys a reasonable fee for services rendered.

12. Plaintiff alleges that the claims of the remaining Defendants are secondary, junior,
inferior and subject to the prior claim of Plaintiff. More particularly, the remaining Defendants claim
some right, title and interest in and to the mortgaged premises in the following manner:

a) The Defendant, LINDA APPLEMAN, may claim some right, title or interest in the
property herein sought to be foreclosed by virtue of that certain MORTGAGE
recorded in Official Records Book 3546, at Page 1569 of the Public Records of Bay
County, Florida; however, said interest, if any, is subordinate, junior, and inferior to

the lien of Plaintiff's mortgage.b) The Defendant, THE BANK OF NEW YORK MELON F/K/A THE BANK OF

c)

4)

NEW YORK AS SUCCESSOR INDENTURE TRUSTEE TO JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION FOR CWHEQ REVOLVING HOME
EQUITY LOAN TRUST, SERIES 2006-1, may claim some right, title or interest in
the property herein sought to be foreclosed by virtue of that certain MORTGAGE
(Line of Credit) recorded in Official Records Book 2861, at Page 330 of the Public
Records of Bay County, Florida; however, said interest, if any, is subordinate, junior,
and inferior to the lien of Plaintiff's mortgage, that certain ASSIGNMENT OF
MORTGAGE recorded in Official Records Book 4047, at Page 1112 of the Public
Records of Bay County, Florida; however, said interest, if any, is subordinate, junior,
and inferior to the lien of Plaintiff's mortgage,that certain SUBORDINATION
AGREEMENT (Existing to New) recorded in Official Records Book 3546, at Page
1589 of the Public Records of Bay County, Florida; however, said interest, if any, is
subordinate, junior, and inferior to the lien of Plaintiff's mortgage.

The Defendant, BAY POINT IMPROVEMENT ASSOCIATION, INC., may claim
some right, title or interest in the property herein sought to be foreclosed by virtue of
a Declaration of Covenants, Conditions and Restrictions, association dues, or
assessments. Plaintiff holds a first mortgage. Therefore, said interests, if any, are
limited under Florida Statutes 720.3085(2)(c) or 718.116(1)(b)(1) as appropriate,
should Plaintiff or its successors or assigns take title.

The Defendants, UNKNOWN TENANT 1, UNKNOWN TENANT 2, the names
being fictitious to account for parties in possession, may claim some right, title or
interest in the property herein sought to be foreclosed by virtue of possession or some
other unknown interest, the exact nature of which is unknown to Plaintiff and not a
matter of public record; however, said interest, if any, is subordinate, junior, and

inferior to the lien of Plaintiff's mortgage.WHEREFORE, Plaintiff prays the Court as follows:
Plaintiff requests that the Court ascertain the amount due to Plaintiff for principal and interest on
the Note and Mortgage and for late charges, abstracting, taxes, expenses, and costs, including
attorney’s fees, plus interest thereon; that if the sums due to the 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 in accordance with
the provisions of Florida Statutes §45.031 (2006); that the Court retain jurisdiction of this action
to make any and all further orders and judgments as may be necessary and proper, including the
issuance of a writ of possession and the entry of a deficiency decree, unless any Defendant
personally liable is discharged from liability pursuant to the provisions of the Bankruptcy Code,
11 U.S.C. § 101, et.seq.
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.

LOANCARE, LLC
By:

Printed Name: DARCIE LYLE

Date: 7 Qo L
‘ASSISTANT SECRETARY

Aldridge Pite LLP

Attorney for Plaintiff(s)

1615 South Congress Avenue

Suite 200

Delray Beach, FL 33445

Phone: 561.392.6391 Fax: 561.392.6965

BY: qu Zachary Ullman
Fla. —— FBN: 106751
PLEASE NOTE 15.U.S.C. §1692(G)(d) OF THE FAIR DEBT COLLECTIONS PRACTICES ACT

PROVIDES:

(d) Legal pleadings. A communication in the form of a formal pleading in a civil action shall
not be treated as an initial communication for purposes of subsection (a) of this section.NOTE
August 28, 2013 ~ Panama City . FL
Date} [City] {State}
340 Wahoo Road, Panama City, FL 32408
(Property Address}

1, BORROWER’S PROMISE TO PAY :
. In feturn for a loan that I have received, I promise to pay U.S. $ 330,000.00 (this amount is called “Principal”),
plus interest. to the order of the Lender. The Lender is Green Tree Servicing LLC

I will make all payments under this Note in the form of cash, check.or money order,
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled
to receive payments under this Note is called the "Note Holder."

2. INTEREST
4 nent will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate
of 4, %. : . . :
The interest rate required by this Section 2 is the cate I will pay both before and after any default described in Section 6(B) of
this Note.

3. PAYMENTS

(A) Time and Place of Payments

1 will pay principal and interest by making a payment every month. :

[will make my monthly payment on the First day of each month begining on November 1, 2013. Iwill
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before
Principal. If, on October 1, 2043 _ , [still owe amounts under this Note, I will pay those amounts in full on that date,
which is called the "Maturity Date."

I will make my monthly payments at P.0.Box 94710, Palatine, IL 60094-4710

or at a different place if required by the Note Holder.

(B) Amount of Montlily Payments .
My monthly payment will be in the amount of U.S. $ 1,672.06, : 4

4. BORROWER’S RIGHT TO PREPAY . :

[have the right to make payments of Principal at afty time before they are due. A payment of Priicipal only is known as a
“Prepayment.” When | make a Prepayrient, I will tell the Note Holder in writing that I am doing so. I may not designate a payment
as a Prepayment if I have not made all the monthly payments due under the Note.

I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the accrued and unpaid interest on the Prepayment amount, before applying tiy Prepayment to reduce the Principal amount of the
Note. If | make a partial Prepayment, there Will be no changes in the due date or in the amount of my monthly payment unless the
Note Hoider agrees in writing to those changes.

 

mhonigs FIXED RATE NOTE - Single Family - Fannie Map/Freddie Mac UNIFORM INSTF
a :
Wolters Kluwer Financial Services5. LOAN CHARGES

If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as
a partial Prepayment.

6. BORROWER'S FAILURE TO PAY AS REQUIRED

(A) Late Charge for Overdue Payments

If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days
after the date it is due, I will pay a late chatge to the Note Holder. The amount of the charge will be 5.000 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.

(B) Default
If | do not pay the full amount of each monthly payment on the date it is due, 1 will be in default.

(C) Notice of Default

If 1 am in default, the Note Holder may send me a written notice telling 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 which has not been paid aiid all the
interest that I owe on tliat amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered
by other means.

(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.

©) Payment of Note Holder’s Costs and Expenses

If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses i enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys’ fees.

7. GIVING OF NOTICES

Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by tailing it by first class mail to me at the Property Address above ot at a different address if I give the Note
Holder a notice of my different address.

Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different
address. .

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If moré than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the pfomise to pay the full amount owed. Any person who ig a guarantor, surety or endorser of this Note is also
obligated to. do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorset of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of
the amounts owed under this Note.

9. WAIVERS

I and any other person who 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 due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.

reomnry . a

FLORIDA FIXED RATE NOTE - Single Family - Fannie Mee/Freddie Mac UNIFORM INSTR .
u

Wolters Kluwer Fnancat Services10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jitisdictions. In addition to the protections given to the
Note Holder under this Note, a Mottgage, Deed of Trust, or Security Deed (the "Security Instruthent"), dated the same date as this
Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which | make in this Note.
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Iiterest in the Property is sold or transferred (or if Borrower is not a
natural person atl a beneficial interest in Borrower is sold or transferred) without Lender’s prior written consent,
Lender may require immediate payment ii full of all sums secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exetcises this option, 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 given in accordance with Section 15 within which
Bortower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior fo the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.

11. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness,

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.

 

 

 

(Seal) (Seat)

- Borrower . + Borrower
(Seal) a (Seal)

- Borrower - Borrower
[Sign Original Only}

(7) Refer to the attached Signature Addendum for additional parties and signatures,

Pay to the order of nine

 

 

JOOBNEL ——
[Sanur orton ro T

Wolters Kluwer Financial Services6/25/2019 Landmark Web Official Records Search

File # 2013054496, OR BK 3546 Page 1569, Page 1 of 20, Recorded 09/10/2013 at
04:12 PM, Bill Kingail, Clerk Bay county, Florida Doc’ M: $1155.00 Int. Tax
mega. 00 Deputy Clerk GR Trans # 1169173

Retwntem
Green Tree Servicing LLC

c/o. Indeconm, 225, Country Drive
Hail “er” FD: GH 30

00,, St; Paul,

 

a Ege" PA 19034
| rrr
mz MORTGAGE es

DEFINITIONS:
‘Words used in multiple sections: of this document’ are:-defined’ below’ and other words ate défined in

Sections 3, 11, 13, 18, 20 and 21. Cettain rifes regarding the usage of words used in this document are
also provided in Section 16.

(A) iy lhistrument” medns'this docurient, which is dated 08/28/2013 1
toge inh Rae a ae

one
(B) "Borrower" is JAME: APPLEMAN,. ‘A’ MARRIED MAN. (SPOUSE LINDA. APPLEMAN TO
SIGN FOR: ToMESTEND PURPOSES ‘

 
 

Bortower ist the iniortgagor under’ this: ‘Security Instrument,

      

  
 

Liress and telephone number of P.O, Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS;
(D) "Lender" is Green Tree Servicing tLe

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FLORIDA-Sirigié Family-Fannle: Mastered ‘Mac UNIFORM INSTRUMENT WITH MERS- Fort 3010 1/01

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Leader isa Conporation
organized and existing under the laws of Del awal
ec 1400 Landmark. Towers. a ‘345 Saint: Peter Street. Saint. Paul.

  

(E) *Note* nieans thie promissory note signed by Borrower and dated 08/28/2013
The esate at Srvover one amir TPES Hundred Thirty Thousand

Dollars
(u.s'$330,000. 00 ’) pliis iiaerest, Bem es rome Py thi deb a zeguler Perio
‘Payments and to pay thé debe ia full riot later

 

(B) "Property* eae nn tee Baek ee cl ue bondi Subic Right te

@" means the debt evidenced by the: Note, plus interest, any: prepaydient chakges and late charges
due’tinder the Note, ‘andl ‘all sums due wider this Security Instrument, plus interest.

(A) "Riders" means ‘all Riders to this: Security Instrument that ‘are executed by Borrower, The: following
Riders-are to be executed by: Borrower {check box a applicable}:

Adjustable Rate Rider Fem Ridet [7] second: Hone Rider

 

Platined Unit Development Rider [__] 1-4 Family Rider
Biweekly: Payment Rider (1 Others) tspecify!

 

Oe" cable: Law" means:all controlling licable: federal, staté and local stanites, regulatiosis,.
om ‘dmnuoative rls gone iat have te ff fla) ot wel nal epliccle fot

ao Duy Fes and Assent ment ll ds feds, ‘assessments atid other
chatges thar ate imposed on wer or the. Property bya condominiunt association. homeowners
association or similar organization.

¢ Funds Transfer" icand ‘any tratistir of fds: other than a transaction otiginated by

é il : through’an electronic terminal, telephonic:

authorize a financial institution to debit’

2 : Himited: int-OF-sile transfers, automated teller

thie nts, transfers intiated” by. telephone, wire transfers, and automated ‘clearinghouse

iratisfets

) "Escrow Items" means those items that are described iit Section 3..

(M) "Miscellaneous: Proceeds" means any comipentation, settlement, award of damages, or proceeds paid

than: ins -pald er the-pavernges dest in Section:5) for: (i)

‘Property; (ii): other taking of all-or any part: of the

  

    
   

     
 
 
  

 
     

 
  

 

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ORIDA.Singlé F Fathily:Ferinie Mae/Freddie Mac: DAM INSTRUMENT, WITH
oan 11862100; Pee 208 10

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Ce

 

asia in Interest of Borrower means ty that has taken title to the Property, ‘whether ot
Ce mmvmeupamenenremes

‘TRANSFER:OF RIGHTS IN: THE PROPERTY
‘This Sécutity Lnstrunets secures to Lender: (® the repayment of the Loan, anid all renewals, extensions and
modifications of : f his

‘Security Instrument and the Note. ‘For this purpose,

‘MERS (solely ds: noniinee: for Lender and: Lender's sudcessors. jigns) ‘and

ay ‘of MERS, the following described property located in the County’ “rte

of ‘Recording Je
Hesestor '§ Parcel Neeber (Proj Tax ID#) for the 2 Real Prop rty is:

30808" €51:000> THE LAND REFERNED TO IN THIS REPORT IS SITUATED. IN THE

ana oF Florida COUNTY, OF Bay | Bay CITY OF Panama oy Sia. DESCRIBED AS

  
 
 

ACCORDING TO: PLAT OF BAY POINT UNIT ONE: ON FILE: IN BAY COUNTY:

PLAT BO BOOK 1, P 47. AND 56, PUBLIC RECORDS OF BAY COUNTY, FLORIDA,

ASSESSOR'S PARCEL. NUMBER: 30933-631-000.

Parcel ID:Nuinber? 30933-631+000 which cutfently has the addrees of

Wahoo Road | - [Street]
Panama City [city1, Florida, 32408 [Zip Code]
("Property Address"):

TOGETHER, WIFE ol tie improvements now. or heresy irc ot is, proses i at

easements, , and fixtures now or hereafier a part of ~ All replacements

sD vice We vered by this Security lasmument. All of Ope iS refered to in thi
th“ Botowe dessa a gest MS llr Syl te

fe MERS (as me for Lender an Leste, senccners ant s she

Of all OF thoes interes, fn incl but not Jimited to, the’ to i

take-any action required of L tent li oi i ty

{bear

   

 

 
 

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RELI (1 3621.00 Figs 3 ie

 

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BORROWER COVENANTS that Borrower is lawfully seived of the estate hereby:conveyed and has
the right to mortgage, grant and convey the: Property and that the Property is unencumbered. except for
encumbrances. of record. Bortower warrants atid Will defend generally the title'to the Property against all
Claims and'det PE sy eocaeanee ptt

{UMENT combines uniform. covenants ‘for-national use and non-uniform
velaliee br icioksen bane wera wun maison ea al

  
 
  
 
    
  
   
 
 

 

ed by: ,
in Ne, al Sin scrow. Items:
i: due under the Note and:this Security Instriment shall-be'made i US,

Sry ramet ee Le ls Leniler may require thar any: or all subsequent
the: th ee ee fare Saree eee
(c) certified: check, ‘bank: check, treasurer'd: check ‘Or’
u ‘institution whose’ deposits’ are insured. by
instrumentality, or entityy’or (d) Electronic Funds Transfer.
Pt en yon when meh rin tet in eto
notice: in Section 15.

  

  

‘payment o partial’ P insufficient'to bring ’the Loan
reutider’ rejoice is ght ree auch payment ot

 
  
 
  
 
 
  
 
 
   

pi nt 8 -

; tio of tne; Lender al ither:apply

sul funds or return them to. Borrower. Ie fea ‘such funds will be applied to the outstanding:
; the Note immediatel ‘pelor to: foreclosure, No-offset-or claim which Borrower

‘ all relieve Bortower from makicg ‘payments due under

the covenatits and agreements secured by this Sécurity

2 whl of Proemee or Rroesli: Hoe sn cifeinn Beil Seton, 3: sl

accepted and applied by Lender:shall be applied in the following order of priority (a) interest
3 (B). principal due under the Note, ) amounts’ dué under Section 3. Such payments:
each Periodic Payment inthe iorder'in which it became: due. _Any: remaining amounts’

 

 

 

nt from Borrower for a delinqueiit Periodi¢ Payment which includes 'a
meee werent -necsement
the la change ‘more than'one Periodic Payment is outstanding,. Lender may apply:any payment received

fot Bortower to the repayment of the: Periods ee el 7 ‘edely payment:
tear — 7/2038 10:80am
FLORIOA:Singla Fafilly-Farinle Mee/Freddie Mae UNIFORM INSTRUMENT :
eyerseey isenncs Page 4 or 18:

      

 

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OR BK 3546 PG 1573, Page 5 of 20

can be paid in full. To thie extent that any excess exists after the payment-is applied to the full payment of
‘ne’ of more Periodic ayments;, such excess may be- applied to any late .charges due. Voluntary
yments shall be applied first fo-any prepayment charges and then as described in the: Note:
Any application of payments,. insutance proceeds, :
the’ Note shall not extend or postpone:the
3 Escrow

         
  

obligation FE rea Oe nag se, Ee loa Leas Yo ens Boron
seipante pal Lande ‘Pune for anty’ or al! Hecrow Items at any time: Any such waiver may:only be:
in writing, In the event of such: waiver, Borrower shall pay directly, wwhenand where payable, the: amounts.
‘ Esctow Items for which payment, of Funds has been waived by Lender and, if Lender requires,
to Lender receipts evidencing such payment within such time period as Lender may require.
a Shipton oS wi peas Ail > ie cd ly emt Wes Se
enti ie pce Hance ‘as the, sates Ferg tl een

   
      
  
 
  
  

  

io tn or al Eira lems a ay ¢ by a, notice given
; Borrower shall pay\to’ Lender all Funds:.and in:

(a) ee permit ‘Lendet'to ‘apply

specific p
reqitire Under RESPA, ‘Lett shall ofseate be anton ot Bods
‘feasonable estimates, of expeniditures’of future’ Escrow Items: or otherwise
Law.

‘The Funds: shall be held: in an’ iastitution. whose ‘deposiis are insutéd by a ‘federal agency,
instHimencality, or entity Ginchiding Leitder, if Lender is ax institution whose deposits aare'so’ insured) or in
any Federal Home Loan: Bank. Lender shall apply: the Funds to pay. the Escrow Items:no later than the time
specified under RESPA, Lender shall pot charge: Borrower for holding and applying the je-armually:
analyzing the escrow account, or verifying the Bscrow Items, unless, Lender pays Borrower interest On the.
Funds’ Applicable Law permits: Lender’ ‘thake such a charge. Unless'an'agreement is made’ in writing
Law enn set tbe phon Ae Fl Lene shall ceed Pay Hesrowey
it earnings. onthe Funds. Borrower: and Lender can agree:in

— eas 10:s0an

 
 
 
 

 

  

 

  

FLORIDA-Single Fatily: Fannie Mas Freddie, Mac UNIFORM INSTRUMENT
BP BAUFLY (302100 Pie Bor 16:

 

 

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OR BK 3546 PG 1574, Page 6 of 20

shall’ be; paid’ on the Funds. Lender shall give-to Borrower, without charge,.an. annual accounting: of the
Funds as required by RESPA..
‘inte tas euth egal ont ht escrow. ii efi Ueist BESPAL A

    
    

monty payments. se gamace ‘of Funds held so een eeaebichaiey RESPAC Lande sa
‘notit  Bovrowet ejay RESP. si Rote wet hall ay Lanier the anette ecesneey temakes

anit enle ba Pe i
Ene exent has teas et ats Eset hem Borrower sell pay therm. in

Borrower shall’ promptly, discharge anty friougy over ts Sooty Tasco Unless

 

oobi Gat na tember ei
lien, Within, y Sina pee is given, Borrower shall satisfy the lien or-take one or

        
 
  

SEAS a As Sale YEO ane

  
  

» Carthiquakes’ aiid ‘fldods,, for which’ Lender requires insurance,
‘amounts (includitig deductible levels) and for: the periods: that
1 te erg ase ge ca he term of

  

 
 

“Dorrower shall ‘also. be responsible for the
ay Agency iit commection: with the.

1O6AFL | 08/27/2013 10:50am

FLORIDA-Single Family-Fatinia Mas/Freddis Mac UNIFORM INSTRUMENT WITH MI
ey SEL necen20 Pag nat 16

  

Form:3010 1/07

 

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OR BK 3546 PG 1575, Page 7 of 20

i Boer: fal oan any of i coemnes dest above Lender may. obtain insurance:

 

audit Instrument. vat et

at the. None’ from the’ date disburseinient r gall be payable, Wi ach eos) apn nose Bom
Veer Darema

All ins icies: required by Lender jr sence of much tices Mall bs subject to Lender's

‘Lénidée' stall hiave the right ¢o bold’ the’ policies’ and renewal

promptly: give'to, Lendervall:receiptsiof paid premiums and
ise-required by Lender,

       
 
 
   
    

 

 

‘appli ; by this Security
ie a. si Fad Bese: Siehesatac peoonds all be appileg che weer piled for
Section:
1 Berroco Hs Bros Leelee Be
glaiit aid related matters; If Borrower ¢
ina cari is red to settle a cl

it3021.00

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OR BK 3546 PG 1576, Page 8 of 20

 

iy Soccer a as lar clr octyl ea

otherwisé agress in writing, which consent shall not’ be unreasonably” withheld,. or’ unless: extenuating

citvomstances exist which are beyond wer's control,

7 of the Property; Inspections: Borrower shall ‘not
or impair the Property, the Property to deteriorate: or comimit waste on’ the

Winter ose Bort Yo thie ‘Property, + Hecion et aetna Oe Paneer

  
     
 
  
   

shall be ‘résponsible for repairing of restitingg ‘Propeity
purposes. Troan’ ah diferente vrai aol vestwaion ina siaahe paymeteor ne wanen at
Progress, payments:as the work is:completed. If the ingurance or, condemnation proceeds are not sufficient
the Property, Bortower is not relieved of Bortower'a obligation for the Completion of
such repair or restoration.
Ua ts get ty sn ein ces yon aid imatos ofthe Poon If it bas:
Hantiemeasoany nf 9 io vei nnd Property. Lender: shall give
fine ic rt specifying suc reasonable cause;

 

   
 
 

 
 
 
 
 

process, ee
Or. Consent gave materially false, ie ese iors sion wih be Loan, Metra

 
  
 
 

Property as Borrower's  piinoipal
> vote ot cadets ees ot nigh he yr If

Pay’
by pac in court: and (@) paying reasonable
mga aps under this Security: Instrument, including

its ened po Sarria, te oe it Pepeiy aclu, bas tot ated 0,
ater ‘Property-to make repairs, change Tepe or board up doors windows, drain water
icing jiminate building or at iar ele violations or ‘conditions, and have tes ‘

    

Oni or off. Although, Lender may-take action under this Section 9, Lender does not have to do's0:
under any duty or obligation to d “Tis agieod that Lender iacurs no lability for a0t aking aay oral

 
 

  

actions tard under this Section 9.

1O6AFL. =—=
Tosttument, whether ot not then duc. ioe or Pacty” means the third party
Pen tpt gn whom Bower br hf tn
; ce : that, in

 

FLORIDA’Sitigle Fertily-Fannie: MaefFraddie Mac UNIFORM INSTRUMENT WITH,
SANFL) 302100 Lette ‘ii

    

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OR BK 3546 PG 1579, Page 11 of 20

‘any’ ea OF ai Gama Me a ais: ot, i Pay
are hereby assigned and shall be paid to Lender,

Ai ietiimons Proce tat arent epi 1 roto o pi of te rope sal be
aN er Not Released, Fovbear Not a Walver, aman f the:

12, Borrower. Forbearance: B y Lender a of ‘tinie:-for:
pan odio of moat of un ey by this Securit by Li

 
 
 
 
 
 

 

: Liability; ae
sad agree hat Borrower's obligations al ability shall be joi
8 y_ Instrument: but does not execute the Note: (

d Tole sal
Snstrument. pieces released =

charge to the porated d
Hote vil fe uel

     

sero hare rowed under So pnt Coe any such tefind > by
et arrest Borrower will constitute a waiver of any-right of action Borrower might haye-arising out
of si reharge.

 

 
 
 

tn a stalled by first clase‘taail or when actually’ delivered. to Borrower's:
notice LA Talcip ene ich ‘one: Borrower shall constitute notice to all Borrowers:

08/27/2013 10:50am

FLORIDA-Single: Famity-Fannie Mas/Freddie Mac UNIFORM INSTRUMENT WITH 4
oe Form 3010 1/07

earns 51802),00° Paga 17 aris:

  

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OR BK 3546 PG 1580, Page 12 of 20

 

16. 5, Sneing jen Severability;
rned. by a ‘and the law oe

copy oc haps) allo Be
plicitly or Fiplicitly allow fies to agree by contract oF
oe aes ee ae
e wi
Law; yentied nat yeah affect other this Security Instrument or the Note whic

   

   
  

   

   

ffecs without she confiting
sie red i Scurky yrds of ce maven gent sal ea un inte
cortesponding neuter words of the: fecnloe geabie: (6) words tthe singular shall ta

fae the plural and vice wera and (6) the: word "may" gi Sios sole drtion witut nag obligation vo
vac

es ‘Borrower's Copy. Borrower shall be:given one copy:of the Note and of this Security Instrument.

8,

of this’ period, ‘Lender may invoke any remedies {
te demand on Borrower.

FLORIDA: “Siglo Family-Fannie,Mae/Freddie Mac'd

Spon 193021.09, Farriy'30%0; 4/01

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OR BK 3546 PG 1581, Page 13 of 20

 

eso ne soetig [neo lope in. ht: pany” aot vighis eer ilk Secsriny. Jair anid (a)
takes'such -as: Lender may reasonably require to assure that Lender's interest’ in the Property and
Instrument, .and Borrower's: obligation to: pay. the-sums secured by this Security

   

ights Security t
Taek shall coat otis te wing bute a Livend.by Lacie reais) money bee

 
     
 
  
  
 

 

igi! wait lc cage he tan foo te oe Corey eee

Periodic Payments due \indet the Note:and this Security Instrument aid ‘performs other mortgage loai
y obligations: under the. Note, this Security: Lostrument, and Applicable’ Law. Thete“also ‘might’ be:

ie Loan Servicer unrelated to'a'sale'of the Note. If there is:a.change:of the Loan
notice. of the change which will state-the name:and address: of the
Hy payments should ‘be made’ and Jay other information RESPA.

Te ee rrctchar tan Gar pecinuror aoe the mortgage load servicing dbligations
to Borrow sNote paciner lee alerwis pore! ye Nocpartec ee

y @. reasonable the: OF sich Hotide to take. Gbrrective action... If
Applicable Law provides atime period which amt slape before certain action ean be taken, that time
period willbe deemed to be:reasonable for purposes of this paragraph. ‘The. notice of acceleration. and

opportunity to cure given:to Bor pursuant to. Section 22 and the notice of on: given to:
Bovrowet porvuan! 1 Section: 18 dal be deemed’ to aatay he notice aid oppostudly take. corrective
action provisions of this Section 20.

21, Hazardous Substances: As used ‘inthis Section’ 21: (a) "Hazardous Substances" are’ those
substances defitted as:toxic-or: hazardous substances, pollutants, or wastes by. Envitonmental Law-and the:
following Substances: gasoline, kerosene, other flammable or toxic: petroleum products, toxic pesticides
ie tine volatile solvents, materials containing ashestos ot formaldehyde, dnd radioactive materials:

(b) “Environmental Law? means federal lawsand laws of the jurisdiction where the Property’ is located that
relate to health, safety-or environmental. protection; (c) “Environmental Cleanup" includes any: response’
action, remedial ‘action, or removal action, a8 defined in Environmental Law: and @ an “Environmental
Canon? wnieaits: a condition ‘that can cause, contribute-to, ot otherwise ‘trigger an Environmiental

ToearL | 08/27/2013 10:50am

FLORIDA:Singla Family-Fennie Mae/Fteddie Mac UNIFORM INSTRUMENT. WITH,
Sperry 02100: Page ts.ot 18

 

   

   

  

Fosm 3010. 1/01

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OR BK 3546 Pa 1582, Page 14 of 20

 

Bortower shall not cause’ or permit tie: presence, use, disposal, storage, Gr release of any Hazardous
‘Substances, or threaten to:release any: Hazardous Substances, on or in the Propérty.. Borrower shall:-not'do,,
nor-allow anyone else tordo, Property (a) that is.in-violation of any Environmental
Law, tb) which creates an. Environmental Condition,

   

 
 
 
 

’ appropriate: to normal ‘residential uses:and to
ss Property (inéluding, bit not limited to, hazardous substances in consumer. products).
‘Borro fer shall promptly give Lender written notice of (a) any investigation,

 
  
  
   
  

  

suamdont Slacade Wah AMEE tStad ne Verne oe, ‘Borrower learns, or is notified
by ay goveemmengal of regulatory. auhoriy, Or any private pay, that any tempi OF otfler remediation:
any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take-all necessary
accordance with Environmental Law. Nothing | herein:shall create-any. obligation on
1 Environmental Cleanup..
NON-UNIFORM COVENANTS. Borrower and Leider further covenant and agrée as follows:
2. Asceitatiots Retails, at on egreceees Ctl Rewly ieermunt Gator nue a
in: this: pe Detrornent oe not elo 0 ©

to, reasonable: < fees and coats of title evidence,

3. Relene, CUpor paytou of al mn secured by his Scout laren ‘Lender’ shall release this:
Security; Instrument. Borrower ‘shall pay any’ recordation costs. Lender may; charge Borrower.a fee. for
releasing this Security Instrument, but only if the fee is paid to-a third | party for services rendered ant the:
charging of the fee is perniitted under Applicable Law.

2A. Attorneys? Fees. .As used in this Security Instrument and. the Note,.attortieys’ fees shall include’
those awarded By on appellee out and any alloreye fees incurred in a bankruptcy proceeding,

28. Jury Trial Waiver. The: Borrower hereby: waives any right to a trial by july in any action,

proceeding; claim, or counterclaim, whe
ce to this Security Instrument or

 

ntract:or tort; at law or in equity, arising out of or in any
08/27/2013 10:50am:

he of Form 3070 1/07

     

FLORIDA:Single. Family-Fannie Mao/Freddie Mac UNIFORM INSTRUMENT WITH.

Ss + GALEL) (1362),00, Peet ora)

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OR BK 3546 PG 1583, Page 15 of 20

 

 

 

 

 

(Address),

(seal) (Seal)
Borrower Borrower
canaries) chaaresay
‘Geal) _. (Seal)
Borrower. '-Borrower’
Address), (Address)
(Seal) (Seal)
sBorrawer -Bediower
cadres (aides)

LOGAFL Ln

 

SBycarss (1302400 Page 16 ot 16:

je. Femily-Fannie MeaiFreddie' Mac UNIFORM INSTRUMENT WITH MERS:

08/27/2013 10:50am

Form 3010 1/01

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OR BK 3546 PG 1564, Page 16 of 20

STATE'OF FLORIDA, Bay

‘The foregoing instrument was acknowledged before me'this Oe ty
Tames F Aypeemmrs + Liver pp ante)

who is perionally-heewacte-me or who has produced FL A. _as identification.

 

ivded Tea 1 National Notary: Assn

 

5

-Loan origination organization Green Tree Servicing LLC
NMLSID 1057
ginator Paul Vilsmeier

190004

 

a

NMLS I
TOGAFL.

08/27/2013. 10:50am

  
 

GAIFLI is0200 y fr . Fornn'3010. 1/01
y y WA

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OR BK 3546 PG 1585, Page 17 of 20

PLANNED UNIT DEVELOPMENT RIDER

THIS PLANNED UNIT DEVELOPMENT" RIDER is made this: Twenty*Eighth day'of
August, 2013 and is incorporated into ‘and shall be
deemed to amend and supplement: the: Mortgage, Deed of Trust, or Security Deed (the
“Security Instrument") of the same date, given by the: undersigned (the. "Borrower") to
secure Borrower's Note to Green Tree Servicing LLC

 

(the "Lender") of the same ‘date and covering the Property déscribed in the Security
Instrument’and located at: 340 Wahoo Road, Panama City. FL 32408

[Property Address]
‘The Property“includes, but is not limited’ to,. aparcel of land improved with a ‘dwelling,
together with other such parcels:and ‘certain common areas’ and. facilities, as described ‘in.

{the "Dectaration"}), ‘The: Property \is a: part of a plarined. unit development known as
eight point community assoc

IName:of Planned Unit: Development!
Property also includes Borrower's" interest inthe homeowners association. or
enti managing the common: areas. and facilities of the PUD (the
"Owners Association”) and the rand pi 3
PUD: ‘COVENANTS. In addition t6 the covenants’ and agreements made in the: Security
Instrument, Borrower and Lender further covenantand agree a3: follows:

   

   
   

   

 

les or regulations ‘af the
oe wer shall cousin

 

Constituent Documents:

1007R — 08/27/2013 10:50am

ST BUMENT

    

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en hee call ‘dues:‘and assessments Imposed. pursuant’ to the:

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OR BK 3546 PG 1586, Page 18 of 20

 

8. Property Insurance. So long as the: Owners Association maintains, with:a generally
acéepted insurance: carrier, a "master" or "blanket" policy iesuring oe Property which is
satisfactory to. Lender and which provides. insurante coverage in ‘th ints fincluding
deductible levels), for the periods, and against loss by: fire, hazards included within, the’ term:

“extended coverage,”.and any. other hazards, including, but not limited to, earthau: kes and
floods, for: which: Lender requires insurances: then: (i) Lender waives the:p ision. in ion 3
for the Periodic Payr
‘on the Property; ti) Borrower's: obligation under Séction:5 to maintain: property: insurance
coverage on: the’ Property. is deemed satisfied’ to the. extent’ that thé required coverage is
provided by-the Owners Association policy.

What Lender requires: as a:condition of this waiver cary change: during the term: of the
loan.

Borrower shall give Lender prompt notice of any lapse i if féquired property ‘insurance
coverage: provided: by the’ master or blanket policy.

i tion of ‘property: insurance ‘proceeds in lieu of restoration or:
¢ to the Property, or to.common:areas:and facilities of the PUD, any
Jorrowet are: héreby assigned ‘and shall be paid ‘to: Lerider.:Lender shail

ve proceeds'to’ the sums Secured: by the Security Instrument, whether of not then due,
with the excess, if any, paid to Borrower.
ii ility (ngurance. Borrower shall take’such actions as: maybe reasonable: to
Owners: Ass maintains a. public’ liability insurance policy: acceptable in
form, amount, and'extent of coverage to Lender.

D. Condemnation. ‘The proceeds Of iany award’ or claim for damages. direct oF
consequential, payable'to: Borrower in connection: with: any’ ndemnation ‘or other’ ‘taking of all
orvany,
conveyanice in tieu ri
proteeds shall be applied by Lender to the sums! secured by ‘the Security Instrument as’
provided in Section 11.

E.

 

 

   

 
 

  
  
  

   
    

   

  

Of substéritial destruction by fire:or other ae of in the casé.of a ‘taking

or-eminent: domain; (li): any-amendment to-any pro i ‘Con
‘the provision is: for. the xpress: benefit of Lender; (iii) termination of
professional management. and assumption of self-management of the: Owners: Association; or
tiv),any action which would have the effect of rendering, the publi¢ liability insurance coverage.
maintained by the Owners Association unacceptable to Lender.

F, Remedies: If Borrower does. not-payPUD: dues and assessments when due, then
Lender may ¢ isbursed by Lender under this paragraph F shall become
additional debt of Bortower secured by the Security Instrument. Unless Borrower arid. Lender
agree to other terms: of payment, ‘these:.amounts ‘shall. bear interest: from the: date of
disbursement:at the Note rate-and shall be payable; with interest, upon’ notice from Lender to

Borrower requesting payment,
ion ene 271204 10:80am

 

 

 
 
  

ULTISTA’ 1D: RIDER'~ le: Fi
MESH oer) Single

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int to Lender of the yearly premium installments for property iaurones.

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OR BK 3546 PG 1587, Page 19 of 20

 

BY eee BELOW, Borrower accepts and agrees to the ‘tertns' and, covenants contained in
1D Rider, :

  

  

(Seal)

 

 

 

“Borrower -Borrower

(Seal) (Seal)

“Borrower “Borrower:

(Seal). (Seal)

-Borrower -Borrawer

(Sealy (Seal)

Borrower Borrower

ie - u 08/27/2013 10:50am

ISTATE PUD RIDER - Fi Fi

muLtisrs et ia Single: arilly anne  MaalFreddie ‘Mac: UNIFORM INSTRUMENT

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OR BK 3546 PG 1588, Page 20 of 20

EXHIBIT ‘A"

File No.: (mo)
Property: Road, Panama City, FL 32408.

 

‘LOT -530, ACCORDING TO PLAT OF BAY POINT UNIT ONE ON FILE'IN BAY COUNTY: PLAT
BOOK 14,.PAGES 47 AND '56, PUBLIC RECORDS OF BAY COUNTY, FLORIDA.

APN. '30933-631-000

FL:

 

79393920 , jofd

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20/20File # 2018960716, OR BK; 4055 PG: 1591, Pages: 1 of 2, Recorded 10/28/2018 ut 1:09 PM,
Bill Kinsaul, Clerk Bay County, Florida Deputy Clerk RM Trans # 1484836

‘When Recorded Return To:
Ditech Financial LLC

‘CHO Nationwide Tite Clesring, Inc,
2100 Alt. 19 North

Palm Harbor, FL 34683

 

 

ASSIGNMENT OF MORTGAGE *
POR GOOD AND VALUABLE CONSIDERATION, te sufficeny of wich is
undersigned, MORTGAGE ELECTRONIC REG) TION ne orto N Hick
GREEN TREK SERVICING LLC. ITS SUCCESSORS AND, NS, (ASSIGN
Po 2 48501-2026) er and sare over
DI

Michigan preseis does convey,
all ister epee ‘all liens, and or to become due tveon 10
ite, Pasivate aahes LIABILITY oye WHOSE ADDRESS IS

a t isan RU, TSI, Tene, AZ 8tz04 (e00)64o-0200, 11S SUCCESSOMS AND ASSIGNS,

rgb JAMES. AEE EMA el rte ip Otic Racor of ne eae

 
 
 

Book 3546 and Page 1568, situated in said State and
as ace A coe, insaid Mortgage.
Dated this 1th dy of October othe soar 2818
\TION SYSTEMS, INC. AS NOMINEE FOR GREEN TREE .
SERVICING LLC, 11S SUCCE AND ASSIGNS. :
AEE ay,
one REGIgn “1,

%

%,
th, — On
VICE PRESIDENT Bz
Al Whose signatures appear above have qualified

 

authority to sign and have reviewed this docixnt and
ing documentation prior to signing.

%,
“a!
‘os

“gh
‘Wn, &
Ot ‘

bod t

AMANDA JONES PATRICK MCCABE

wiiNess ‘WITNESS
‘Document Prepared By: Dave LaRose/NTC, 2100 Alt. 19 Nerth; Palm Harber, FL 34683 (600)346-9152
DTFAY 404691113 ADMASG MIN 100809006252553100 MERS PHONE 1-888-679-6377 MERS Mailing

- i‘ _ . MI 48501-2026 DOCR T111810-08: 12:34 [C-2] EFRMFILL .

 

10

 

KASOTA
FNMA MSR 0-5142-FNMA

a ee . fo.CERTIFICATION OF POSSESSION OF ORIG! 10"
1 ShoNdiGa Guewiev , hereby certify:

1. Iam the Supervisor of Collateral Documents Department of Aldridge Pite, LLP (“Counsel”). Counsel
has been retained to represent LOANCARE, LLC in legal proceedings to enforce a promissory note
secured by a property and, as such, I have authority to execute this certification LOANCARE, LLC’s
behalf.

2. On uate 14 , 2019 at_ (glam I personally reviewed
the original note located at 1615 South Congress Avenue Suite 200 Delray Beach, FL 33445, that was
ptovided to Counsel for purposes of its representation of LOANCARE, LLC in connection with
enforcing the note secured by the Property.

3. Correct copies of the original promissory note and allonge(s), if any, are attached to this certification.

Under penalty of perjury, I declare that I have read the foregoing Certification of Possession of

Original Note and that the facts stated in it are true.

 

int Name: Shondrica M. Guerrier

As the: Collateral Document Custodian
Place of Business: Aldridge Pite, LLP

Date: June 19, 2019

Time: [F2layn

1184-1087BNOTE
August 28, 2013 Panama City , FL

{Date} [City] [State}
340 Wahoo Road, Panama City, FL 32408
{Property Address]

1, BORROWER'S PROMISE TO PAY
~~ Im feturn for 4 loan that I have received, I promise to pay U.S. $ 330,000.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is Green Tree Servicing LLC

T will make all payments under this Note in the form of cash, check or money order,
| understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled
to receive payments under this Note is called the "Note Holder."

2, INTEREST
4 _ will be charged on unpaid principal until the full amount of Pringipal has been paid. I will pay interest at a yearly rate
of 4.5) %. , :
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.

3.. PAYMENTS

(A) Time and Place of Payments

1 will pay principal and interest by making a payment every month.

{ will make my monthly payment on the First day of each month beginiiiag on November 1, 2013. Iwill
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date ‘and will be applied to interest before
Principal. If, on October 1, 2043 _ , I still owe amounts under this Note, I will pay those amounts in full on that date,
which is called the "Maturity Date."

I will make my monthly payments at P.Q.Box 94710, Palatine, IL 60094-4710

or at a different place if required by the Note Holder.

 

(B) Amount of Montlily Payments :
My monthly payment will be in the amount of U.S. $ 1,672.06. . 4

4, BORROWER’S RIGHT TO PREPAY . :

Thave the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
“Prepayment.” When | make a Prepayzhent, 1 will tell the Note Holder in writing that I am doing so. I may not designate a payment
as a Prepayment if I have not made all the monthly payments due under the Note