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Filing # 68867109 E-Filed 03/06/2018 02:58:59 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA.
GENERAL JURISDICTION
DIVISION
WELLS FARGO BANK, N.A., AS TRUSTEE, ON
BEHALF OF THE HOLDERS OF STRUCTURED CASE No. CACE17012278
ASSET MORTGAGE INVESTMENTS Il, INC., BEAR
STEARNS MORTGAGE FUNDING TRUST 2006-AR5,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2006-AR5,
PLAINTIFF,
vs.
THANYAKORN ATSAWAMAHAKUL, ET AL.
DEFENDANT(S).
/
STATE OF UTAH )
COUNTY OF SALTLAKE )
AFFIDAVIT OF INDEBTEDNESS
Before me, personally appeared Patrick Riquelme
who, after being first duly swom, deposes and says:
L Iam an officer of Select Portfolio Servicing, Inc., (“SPS”), acting as attorney-in-fact for
Wells Fargo Bank, N.A., as trustee, on behalf of the holders of Structured Asset Mortgage Investments II,
Inc., Bear Steams Mortgage Funding Trust 2006-AR5, Mortgage Pass-Through Certificates, Series 2006-
ARS who is the Plaintiff herein. SPS is the servicer of the subject mortgage and in such capacity performs
mortgage loan services with respect to the subject mortgage on the Plaintiff's behalf. As an officer of SPS, I
am authorized to make this affidavit on behalf of the Plaintiff.
2. Tam over the age of 18 and competent to testify as to the matters contained in this affidavit.
3. As a mortgage servicer, SPS collects payments from borrowers and maintains up-to-date electronic
records concerning the loans it services in its electronic record-keeping system. I have access to SPS's
business records, including the business records for and relating to the subject loan. I make this affidavit
based upon my review of those records relating to the Borrower(s)'s loan and from my own personal
Page 1
Our Case #: 16-000807-FRS (14-001856)CML\XXXXXX7480\CACE] 7012278\SPS
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 3/6/2018 2:58:59 PM.****knowledge of how the records are kept and maintained. The loan records are maintained by SPS in the
course of its regularly conducted business activities and are made at or near the time of the event, by or
from information transmitted by a person with personal knowledge. It is the regular practice to keep such
records in the ordinary course of a regularly conducted business activity.
4. To the extent that the business records of the loan in this matter were created by a prior servicer, the
prior servicer’s records for the loan were integrated and boarded into SPS's systems, such that the prior
servicer’s records concerning the loan are now part of SPS's business records. SPS maintains quality
control and verification procedures as part of the boarding process to ensure the accuracy of the boarded
records, It is the regular practice of SPS to integrate prior servicers’ records into SPS's business records,
and to rely upon the accuracy of those boarded records in providing its loan servicing functions. These
prior servicer records are integrated and relied upon by SPS as part of SPS's business records.
5. In connection with making this affidavit, I have acquired personal knowledge of the matters stated
herein by personally examining the business records pertaining to the subject loan.
As of November 30, 2017, the balance due under the terms of the note and mortgage at issue in this action is
calculated as follows:
Principal Balance $477,810.32
Deferred Principal Balance* $0.00
Interest good through To February 13, 2018 $79,434.93
Pro Rata Mortgage Insurance $0.00
Escrow Advance $42,071.63
Advances made on Defendant's Behalf $300.00
Late Charges $580.00
NSF Charges $0.00
Interest on Advance $0.00
Suspense Balance $0.00
Total Amount Due
$600,196.88
* Non-Interest Bearing
The current interest rate is 3.87500%. Per diem interest in the amount of $48.67 will accrue on the
principal unless there is an interest rate change as set forth in the note. The per diem interest will then
accrue on the principal until the next interest rate change date and accrue thereafter in accordance with the
variable rate as set forth in the note. Business records supporting the above-referenced account data are
attached as Exhibit “A”,
Page 2
‘Our Case #: 16-000807-FRS (14-001856)-CML\XXXXXX7480\C ACEI 7012278\SPS,6. The Plaintiff has agreed to pay its attorneys a reasonable fee for their services performed in the
prosecution of this action.
Wells Fargo Bank, N.A., as trustee, on behalf of the holders of Structured Asset Mortgage Investments II,
Inc., Bear Stearns Mortgage Funding Trust 2006-AR5, Mortgage Pass-Through Certificates, Series 2006-
ARS has the right to foreclose, Select Portfolio Servicing, Inc. as Attorney In Fact
By: fan ——
Name: Patrick Riquelme
Title: Document Control Officer
Select Portfolio Servicing, Inc.
Date: _ O| tol 20\R
STATE OF UTAH )
COUNTY OF SALTLAKE ) *Personally Known
Subscribed and sworn to before me this \o day of. SJ anvacy . in
the year 201%. by Patrick Riquelme * 4 Document Control Officer
of Select Portfolio Servicing, Inc., proved on the basis of satisfactory evidence to be the person
whose name is subscribed to this instrument. Witness my hand and official seal.
/
IRMA DU! RAN ae
i om Public State of
ae fa tae tea inssi Exnires on:
Ee Meigen Ei
Comm. Number: 685351
Page 3
‘Our Case #: 16-000807-FRS (14-001856)-CMLIXXXXXX7480\CACEI 70 12278\SPS,EXHIBIT A; ELECT Financial Breakdown Statement
rt folic :
SP. SE v ICING, inc. (oan Number
Financial Breakdown Summary
_ Loan Status ur
ATSAWAMAHAKUL, Due Date: 07/01/2012
‘MI Coverage: Wo
AISI NFT LAUDERDALE "08/01/2013
__. BLVOUNT6B eae it ao
FT LAUDERDALE Maturity Date: 12/01/2036 i
MM/DD/YY
Principal Balance i $477,810.32
Deferred Balance . $0.00
Accrued Interest
Interest From Date 06/01/2012
‘Good-thru Date i 02/13/2018 |
Interest Rate anes 3.87500%
Per Diem Rate ~ sane7
Escrow Advance Balance Z
Taxes $31,738.02
Insurance 7 $8,824.25
Mortgage Insurance ee Er '$0.00°
Prior Servicer Advances 7 $1,512.36
ip / PM
| advance etance
2,010.00
Late Charges
NSF Fees
Fax Fees
Payoff Fees
| interest on Advance
Mise.
Unapplied Funds
| TOTAL
Wells Fargo Bank, N.A., as trustee, on behalf of the holders of Structured Asset Mortgage Investments I, Inc., Bear Stearns Mortgage Funding Trust 2006-ARS, Mortgage
Pass-Through Certificates, Series 2006-ARSSELECT Financlal Breakdown Statement
‘Portfolio ‘Data date:11/30/2017 02:19:230M
SERVICING, inc. toan Number
Prior
08/08/2013 Servicer-Late $380.00 $580.00 $0.00 $0.00 $0.00 $0.00
Charge
Priot
Servicer-Pre-
distributed
' |
08/08/2013 $580.00 $0.00 $0.00' $9,999.99 $9,999.99 $0.00
Interest,
Escrow,
Payment
Prior ; \
Servicer-Pre-
distributed
Interest,
Escrow, .
Payment. ' 1 |
11/05/2013 County Tax $580.00 $0.00 $0.00 $5,117.31 $24,428.18 $0.00
02/27/2014 Tax Refund $580.00 $0.00 $0.00 ($5,117.31) $19,310.87 $0.00
| Flood 1 1 '
06/24/2014 hc rance $580.00 $0.00 $0.00 $767.28 $20,078.15 | | $0.00
Flood
tnsurance
Flood
Insurance
Flood
Insurance
Flood :
11/04/2014 | .corance $580.00 $0.00 $191.82 $20,845.43, $0.00
$0.00
11/06/2014 , County Tax $580.00 $0.00 $0.00 $6,957.39 $27,812.82 $0.00
Flood
12/02/2014 a orance $880.00 $0.00 $0.00 $191.82 $28,004.64 $0.00
| Flood
Insurance
a $580.00 $0.00 $0.00 $191.82 $28,388.28 $0.00
Insurance .
Flood , '
{Insurance $800.00: $0.00 $0.00! $191.73 $28,580.01 | $0.00
Flood
Insurance:
Flood
\ insurance $580.00 $0.00 $0.00, $189.38 $28,958.77 , sao
Flood
eh $580.00 $0.00 $0.00 $189.38 $29,248.15 $0.00
Flood
Insurance $580.00 $0.00 $0.00 $189.38 $29,337.53 $0.00
Flood !
interance $580.00 $0.00 $0.00 $189.38 $29,526.91 $0.00
Pre-
serbia
(08/28/2015 Interest, $580.00 $0.00 $0.00, $0.00 $29,526.91, $0.00
Escrow,
Payment
Pre-
distributed
(08/28/2015 interest, $580.00 $0.00 $0.00 $0.00 $29,526.91 ‘$0.00
Escrow,
Payment
Flood
Insurance
Flood
09/30/2015 jasorance $580.00 $0.00 $0.00 $189.38 $29,905.67 $0.00
PROP
INSPECTION $580.00 $000 $15.00 $15.00 $29,905.67 $0.00
|
Flood
11/02/2015 | Aor ance $580.00 $0.00 $15.00 $189.38 $30,095.05 $0.00
11/05/2015 County Tax $580.00 $0.00 $15.00 $5,879.49 $35,974.56 $0.00
' “PROP !
(21/06/2015 Neptcrion $580.00 $000 $15.00 $30.00 $35,974.54 $0.00
Flood
A2/OU2OS ineyrance
12/02/2015 PROP | $580.00 $0.00 $89.00 $119.00 $36,163.92 $0.00
08/08/2013 $80.00 $0.00 $0.00 $9,310.88 $19,310.87 $0.00
8/os/2018 $380.00 $0.00 $0.00 $191.82 $20,269.97 $0.00
09/03/2014 9880.00 $0.00 $0.00 $191.82 $20,461.79. $0.00,
09/30/2014 $580.00 $0.00 $0.00 $191.82 $20,653.61 $0.00
| 01/06/2015
$580.00 $0.00 , $0.00. $191.82 $28,196.46" ‘$0.00
02/04/2015
03/04/2015
04/07/2018 $580.00 $0.00 $0.00 $189.38 $28,769.39 $0.00
|os/os/2o1s
06/02/2015,
06/30/2015
08/04/2015
09/01/2015 $580.00 $0.00 $0.00 $189.38 $29,716.29 ' $0.00
10/01/2015
$580.00 $0.00 $30.00 $189.38 $36,163.92 $0.00SP.
12/03/2018
I2/T2OIS
12/31/2015
01/29/2016
‘qayozp2016
o203/2016
03/01/2016
04/01/2016
04/05/2016
04/28/2016
(05/02/2016
05/04/2016
05/26/2016
06/01/2016
| 06/29/2016
06/30/2016
08/02/2016
08/09/2016
09/31/2016
09/08/2016
' os/1a/2016
09/30/2016
10/17/2016
10/18/2016
10/19/2016
11/01/2016
“ a/rof2016
11/18/2016
11/30/2016
12/23/2016
2ATAOGE
12/27/2016
12/27/2016
02/03/2017
01/19/2017
01/27/2017 |
01/31/2017
02/28/2017 |
02/28/2017
‘SELECT
Port folio
‘VALUATION
PROP
"VALUATION
PROP
INSPECTION,
‘Flood
Insurance
Tax Refund
Flood
Insurance
‘PROP
INSPECTION
Flood
Insurance
PROP
INSPECTION.
Flood
Insurance
Feary
‘FEES
Flood
Insurance
FATTY
‘FEES
PROP
INSPECTION,
tnsurance
Flood
insurance
PROP
INSPECTION
Flood
‘VALUATION
Flood
Insurance
County Tax
‘PROP
INSPECTION
| Flood
Insurance
‘$880.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
‘$880.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
‘$580.00
$880.00
$880.00
‘$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$880.00
$580.00
$580.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
($89.00)
$15.00
$15.00
$15.00
$280.00
$560.00
$15.00!
$15.00"
$15.00
$45.00
$15.00
$15.00
($89.00)
$15.00
$15.00
($810.00)
($172.14)
$15.00 |
$45.00
Financial Breakdown Statement
ete /30/207 ens 234M
$30.00 $36,163.92 $0.00
$45.00 $36,163.92 $0.00
$45.00 $189.38 $36,353.30 $0.00
$45.00 ($5,879.49) $30,473.81 $0.00
$45.00, $169.38 $30,662.19) $0.00
$60.00 $30,663.19 $0.00
$60.00 $189.32. $20,852.51 $0.00
$75.00 $30,852.51 | $0.00
$7500 $187.50 soa $0.00
$325.00 $31,040.01 , $0.00
$328.00 $187.50 $31,227.51) $0.00
$885.00 $31,227.51 $0.00
$900.00" , $31,227.51) $0.00)
$9000 $187.50 $31,415.01 $0.00
$915.00 $31,415.01 $0.00
$925.00 $187.50 $31,602.51 $0.00
$915.00 $187.50 $31,790.01" $0.00
$930.00 $31,790.01 $0.00
$930.00 18750 $21,97781| $0.00
$975.00 $31,977.51 $0.00
$990.00. $31,977.51 $0.00,
$990.00 $187.50 $32,165.01 $0.00
$1,008.00 $32,165.01, $0.00!
$1,094.00 $32,165.01, $0.00
$1,005.00 | $32,165.01 $0.00
$1,005.00 $187.50 $32,352.51 $0.00
$2,005.00 $6,801,71| $39,154.22 $0.00
$1,020.00 $39,154.22 $0.00
$1,020.00 $187.50 $39,381.72 $0.00
$1,035.00 $39,361.72 $0.00
$1,035.00 $0.00 $29,341.72 $0.00
$225.00 $39,341.72 $0.00
$52.96 $39,341.72, $0.00
$5286 $18750 $39,529.22! $0.00'
$52.86 ($6,801.71) $32,727.51 $0.00
$67.86 $32,727.51, $0.00)
$6796 $187.50 $32,915.01 $0.00
$67.86 $187.50' $33,102.51 $0.00;
$112.85 $33,102.51 $0.00SP
03/01/2017
(04/03/2017
04/06/2017
(04/26/2017
04/27/2017
05/02/2017
05/05/2017
05/31/2017
06/14/2017
06/30/2017
07/14/2017
07/18/2017
08/01/2017
08/15/2017
08/15/2017
08/23/2017
08/31/2017
PROP
INSPECTION
PROP
INSPECTION
Food
Insurance
PROP
VALUATION
PROP
VALUATION
Flood
Insurance
PROP
INSPECTION
Flood
Insurance
PROP.
INSPECTION
Flood
Insurance
FcATTY
FEES
PROP
09/28/2017
10/02/2017
10/31/2017
11/01/2017
aapof2017
41/29/2017
12/30/2017
INSPECTION
Flood
insurance
FCATIY
FEES
Fecosts
PROP
INSPECTION
Flood
insurance
PROP
ELECT
Portfolio
iSERVICING, ine.
INSPECTION
Flood
Insurance
Flood
“Insurance
Fecosts
County Tax
FeaTTY
FEES.
$580.00
$580.00
$580.00
$580.00
$580.00
$580.00
$860.00
$580.00!
$580.00
$580.00
$380.00
$580.00
$880.00
sseo00!
$580.00
$580,001
$580.00
$80.00:
$580.00
$580.00;
$880.00
$580.00
$880.00
$580.00
$0.00!
$0.00
$0.00
$0.00
$0.00
$0.00,
$0.00
$0.00
$0.00!
$0.00
$15.00
$15.00
($89.00)
$15.00
$15.00
$45.00
$15.00,
$820.00
$1,973.50
$15.00
$15.00,
$1,865.00
$100.00
$127.86
$142.85,
$142.86
$231.86
$142.86
$142.86
$157.86
$157.86
9172.86
$172.86
$217.86
$232.86
$232.86
$1,052.86
$3,026.36
$3,041.36
$3,081.36
$3,056.36
$3,056.36
$3,056.36
$4,921.36
$4,921.36
$5,021.36
$5,021.36
Financial Breakdown Statement
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$6,969.12
‘Data date:12/30/2017 02:19:234M
loan Nunber
$33,102.51 $0.00
$33,202.51 $0.00
$33,352.51 $0.00
$33,352.51 $0.00
$33,352.51 $0.00
$33,602.51 $0.00
$33,602.51 $0.00
$33,852.51 | $0.00
$33,852.51: $0.00
$34,202.51 | $0.00
$34,102.51" $0.00
$34,102.51 | $0.00
$34,352.51 $0.00
$34,282.51 | $0.00
$34,382.51 $0.00
$34,352.51 $0.00
$34,602.51 $0.00
$34,602.51, $0.00
$34,852.51 $0.00
$35,202.51 $0.00
$35,102.51 $0.00
$42,071.63 $0.00
$42,071.63, $0.00
$42,071.63, $0.00Financial Breakdown Statement
Data date:11/30/2017 02:
3AM
(oon sur
‘New Loan.
" | ($481,892.5
08/01/2012 $0.00 7
08/08/2013 Interest, 04/01/2012 ($9,989.99) $0.00 $0.00: ($9,999.99) $0.00 $0.00 $0.00
| distributed 1 \
08/08/2013 ‘Interest, 04/01/2012 ($9,310.88) $0.00 $0.00 (59,310.88) $0.00 $0.00 $0.00
Escrow,
Payment
| Non-Cash \ ;
08/12/2013 | Balance 04/01/2008 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Adjustment
‘Non-Cash
08/28/2015 | Balance 03/02/2011 $0.00 $0.00; $0.00 $0.00 $0.00 $0.00 $0.00
Adjustment i
Pree
distributed
08/26/2015 | Interest, 03/02/2011 | $99,999.99 $0.00 $99,999.99) $0.00 $0.00 $0.00 $0.00
Escrow,
Payment
Pre-
| distributed 1 \ .
08/28/2015 Interest, 03/01/2011 $32,778.54 $0.00 $32,778.54 $0.00 $0.00 $0.00 $0.00
Escrow,
Payment
| Non-Cash, i ; :
12/27/2016 ‘Balance 07/01/2012 $0.00 $0.00 $0.00 $0.00 $0.00 | $0.00 $0.00
Adjustment
Pre
| distributed ' |
12/27/2016 ‘Interest, 07/01/2012 $49,648.14 $4,082.25 ' $45,565.89 $0.00 $0.00 4 $000' $0.00
Escrow, !
Payment 7
Non-Cash | : |
12/30/2016 ‘Balance | 07/01/2012 $0.00
Adjustment
Non-Cash
12/31/2016 Balance 07/03/2012 $0.00 $0.00 $0.00 $0.00, ‘$0.00 ; $0.00 $0.00
| Adjustment : ' I
sooo $0.00, $0.00! $0.00SPS&
3,87500%
3.62500%
3.50000%
3.12500%
2.75000%
'2.62500%
2.75000%
3,00000%
4,00000%
9.00000%
‘SELECT
SE
rtfalio
ICING, ine.
32/01/2017
06/01/2017
12/01/2016
06/01/2016
22/01/2015
06/01/2013
12/01/2012
06/01/2012
‘12/01/2011
12/01/2006
Interest Rate table
Financial Breakdown Statement
12/31/2017
11/30/2017
05/31/2017
11/30/2016
08/31/2016
11/30/2015
05/31/2013
11/30/2012
‘08/31/2012
11/30/2011ADJUSTABLE RATE NOTE
(LIBOR Six-Month Index (As Published In The Wall Street Journal) - Rate Caps)
THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN
ADJUSTABLE INTEREST RATE, THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I
MUST PAY. THIS NOTE ALLOWS MONTHLY PAYMENT OPTIONS FOR AN INITIAL
PERIOD, THIS NOTE MAY REQUIRE UNPAID INTEREST TO BE ADDED TO LOAN
PRINCIPAL AND REQUIRE ME TO PAY ADDITIONAL INTEREST ON THE UNPAID
INTEREST (NEGATIVE AMORTIZATION).
November 30, 2006 FORT LAUDERALE yu
(Dxel city) {State}
1151 N ATLANTIC BLVD UNIT 6B, FI. LAUDERDALE, FL 33304
Property Address)
L BORROWER'S PROMISE TO PAY
An retum for a loan that J have received, 1 promise to pay U.S. $ 464,000.00 (this amount is called
“Principal”), plus interest, to the order of Lender. Lender is Boar Stearns Residential Mortgage
Corporation. | will make all payments under this Note in the form o! check or money r.
1 understand thet Lender may transfer this Note. Lender or anyone who takes this Noie by transfer and
who is entitled to receive payments under this Note is called the “Note Holder.”
2 INTEREST
Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 9.000%. The interest rate I will pay may change in accordance with Section 4 of this
Note.
‘The interest rate required by this Section 2 and Section 4 of this Note is the rate 1 will pay both before and
after any default described in Section 7(B) of this Note.
3. PAYMENTS.
(A) Time and Place of Payments
1 will make my monthly payments on the first day of each month beginning on 02, 2007.1
will make these payments every month until 1 have paid all of the principal and into and ay other charges
described below that I may owe under thls Note. Each monthly payment will be applicd as of jis scheduled due date
and will be applied 10 interest before Principal, if any. If, on Decanbar 01, 2036, | still owe amounts under
this Note, | will pay those antounts in full on that date, which is called the Satiy Dae
I will make my monthly payments at EME Processing Dept, P. 0. Box 225749, Dallas
‘3X_75222-5749 or ata different place if required by the Note Holder.
3 XR OPTION ARN ROTR-FLORIDA-BERAOLOPL,
Sere i®) =—_ Amount of My Monthly Paymeats
Twill interest by making payments in the amount of US $ 2,320.01 (ihe “Minimum Payment”)
every month wl ether () the flet Interest Rale Change Date set forth fi-Seotion #(A), or (i) payment of the
Minimum Payment on my next scheduled payment date would cause my principal balance to exceed the Maximum
Litt set forth in Section 3(D), whichever event occurs first (the “Option Period). ‘The Minimum Payment
calculated based upon the amount of interest thet will acerue each momth ct arate equal to 6.000 %. Payment of
the Minimum Payment amount will result in eccrved but unpaid interest being added to ‘The unpaid
Principal and any accrued but unpaid interest will then accrue additional interest at the rate then in effect. This
practice ia known as negative amonization.
‘After the expleation of the Option Period, I will pay interest by making payments in an amount sufficient
to pay interest as it accrues every month until Decombor 01, 2016 (the “Interest Only Period”). This amount
will be determined by the Note Holder 2s set forth fa Section 4(C). In addition, if | make payments of principal
and/or accrued unpaid interest during the Interest Only Period, my monthly interest-only payment amount will
change and will be based on the remaining Principal and my then current interest rte.
After the expiration of tho Interest Only Pertod, I will pay principal and interest by making payments every
month for the remaining term (ihe “Full Amortization Period). The emount of payments during the Full
Amortization Period will be determined by the Note Holder as set forth in Section 4(C).
© ‘Additions to My Unpaid Principal
During the Option Period, my monthly payment could be less than or greater than the amount of interest
‘owed each month. For each month thst my monthly payment is less then the interest owed, the Note Holder will
subtract the amount of my monthly payment from the amount of the interest portion and will add the difference to
my unpaid Principal. Interest will sccrue on the amount of this difference at the interest rate required by Section 2
cr Section 4, For esch month that the monthly payment is greater than the interest portion, the Notc Holder will
apply the payment to interest before Principal
o Limit on My Unpald Principal; Increased Minimum Payment
‘My unpaid Principal can never exceed the Maximum Limit equal to 125 percent of the Principal amount I
originally borrowed. My unpald Principal could exceed that Maximum Limit due to additions to my unpaid
Principal deserfbed in Section 3(C). If on any payment due date I would exceed the Maximum Limit by paying my
‘Minimum Payment, then my monthly payment will be edjusied to an amount equal to the Interest Only Peyment
described in Section 3(E)(0), 1 will continue to pay that amount until the fnterest Only Period expires.
© Additional Payment Options
During the Option Period, the Note Holder may provide me with up to three (3) additional payment
options (the “Payment Options"). 1 will be eligible to select one of the Payment Options if {in a larger
monthly payment than my regular Minimum Payment. I may be given the following Payment Options:
(@ Interest Only Payment: Pay only the amount that would pay the interest portion of the monthly
payment at the current interest rate. The Principal balance will not be decreased by this Payment Opticn
and it is only available if the interest portion exceeds the Minimum Payment.
Gi) Fully Amortized Payment: Pay the amount necessary to pay the loan off (Principal and Interest) at the
‘Maturity Date in substantially equal payments, at the then current interest rate.
(ii) 15 Year Amortized Payment: Pay the amount necessary to pay the foan off (Principal and Interest)
within a fifteen (15) year term from the first payment due date in substantially equal payments, at the then
‘current interest rate.
‘5 XR OPTION ARM NOTH-PLORIDA-BSREOLOFL
SEA-LEBOR Bix Month Inox |‘These Payment Options sre only applicable if they are greater than the Minimum Payment
(F) Notice of Changes
‘The Note Holder will deliver or mail to me a notice of any changes in my Minimum Payment before the
effective date of any change. The notice will inctude the amount of my monthly payment, any information required
by law to be given to me and also the ttle and telephone number of a person who will answer any question I may
have regarding the notice.
4, ADJUSTABLE INTEREST RATE
(A) Interest Rate Change Dates
‘Th: imerest rate 1 will pay will change on the first day of Decesbor_01, 2OLL, snd the adjustable
interest rate 1 will pay may change on that day every 6th month t. The date on which my interest rate
changes is called an “Interest Rate Change Date.”
B) The Index
Beginning with the first Interest Rate Change Date, my adjustable interest rate will be based on an Index.
‘The “Index" is the average of interbank offered rates for six month U.S. dollar-denominsted deposits in the London
market (“LIBOR"), as published in The Wall Street Journal. The most recent index figure availeble 2s of the first
business day of the month immediately preceding the month in which the Interest Rate Change Dato occurs is
called the “Current Index.”
If the index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Interest Rate Changes
Before each Interest Rate Change Date, the Note Holder will calculate my new interest rato by adding
Ewo_And Twenty Five Hundredthe percentage points (2.25 %) to the Current Index. The Note Holder
will result off to the nearest. ‘of one percentage point (0.125%). Subject to the
limits stated in Section 4(D) below, this rounded amount will be my new Interest rate until the next Interest Rate
(D) ~—_— Limits on Interest Rate Changes
‘The interest rate I am required to pay at the first Interest Rate Change Date will not be grester than
14.000 9% ar tess than 4.000 %. Thereafter, my interest rate will never be increased or decreased on any single
‘Interest Rate Change Date By more than Ona _ percentage point(s) (2.000 9%) from the rate of interest I have been
paying far the preceding 6 months. My interest rate will never be greater than 24.000 %.
S YR OPTION ABM HOTE-FLORIDA-BSRAOLOFL
wari six month inser f©) —_Bffective Date of Changes
My cew interest rate will become effective on each Interest Rate Change Date. 1 will pay the amount of
my new monthly payment beginning on the first monthly payment date after the Interest Rate Change Date until the
amount of my monthly payment changes again.
) Notice of Changes
‘The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of
my monthly payment before the effective date of any change. The notice will include information required by law
to be given to me and also the title and telephone number of a person who will answer any question I may have
regarding the notice.
ES BORROWER'S RIGHT TO PREPAY
Ihave the right to make payments of Principal at eny time before they sre due. A payment of Principal
‘only is known as a “Prepeyment.” When I make a Prepayment, I will tell the Note Holder in writing that ] am doing
$0. 1 may not designate a payment as a Prepayment if | have not made all the monthly payments due under this
Note.
may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note
Holder will ue my Prepayments vo redvce the amour of Principal that { owe under this Note. However, the Note
Holder may epsty my Prepayment tothe sccrued and unpaid [mrest on the Prepayment sraount before spplying
my Prepayment to reduce the Principal amount of this Note, If I mske a partial Prepayment, there will be no
lunges i» the due den of ny moaihly payments uneas he Nowe Holder agices in wring to those changes My
partial Prepayment may reduce the amount of my monhly payments after the first Change Date following my
partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate
6 LOAN CHARGES
It 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 Ioan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted tlm;
and (b) any sums already collected from me that 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.
1 BORROWER'S FAILURE TO PAY AS REQUIRED
@ Late Charges fer Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar
divs afer the dae its dun wil pay a late charge to the Note Holder. The amount of the charge will be 5.000 %
of my overdue payment of principal and interest. 1 will pay this Inte charge promptly but only once on each late
Payment,
@) Default
If] do ot pay the full amount of each monhly payment on the date itis due, 1 will be in defautt.
mm oprron azo nome-ricasoA-nsnd0108,
Weea-LI00R Bix honth Zadox iin‘o Notice of Default
‘If Lam in default, the Note Holder may send me a written notice telling me that if 1 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 bas
not been paid and all the interest that I owe cn that amount. That date must be at least 30 days after the date on
which the notice is mailed to me or delivered by others means.
D No Walver By Nate Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
deseribed above. the Note Holder will still have the right to do so if T 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
havo the right to be pald back by me for all of its casts end expenses in enforcing this Note to the extent not
Prohibited by epplicable law. Those expenses include, for example, reasonable attomeys' fees.
& 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 mailing it by first class mail to me si the Property Address sbave or at a different
address if T give the Note Holder a notice of my different address,
Unless the Note Holder requires a different method, any notice that must be given to the Note Holder
under this Note will be given 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 I am given a notice of that different address,
» OBLIGATIONS OF PERSONS UNDER THIS NOTE.
I more 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 promise to pay the full amount owed. 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,
Including the obligstions of a guarantar, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Nove. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any ene of us may be required to pay all of the amounts owed under this
Note.
10. WAIVERS
1 and ony 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
Hie ‘means the right to require the Note Holder to give notice to other persons that emounts dus have not
iM UNIFORM SECURED NOTE
‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to
protections given to the Note Holder under this Note, a Mortgage, Deod of Trust, or Security Deed (the “Security
Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if|
do not keep the promises that I make in this Note. That Security Instrument describes how and under
conditions I may be required to make immediate payment in full of all smounis I owe under this Note. Some
those conditions read as follows:
‘5 YR OPTION ARM ROTR-FLORIDA-DIRAOLOFL Ss
MEA-LIGOR 4 Konth Indox P|
&
28s‘Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section, “Interest in the Property” means any legal or beneficial interest in the Property,
including, but not limited to, those beneficial interests transferred in a bond for deed, contract for
deed, installment sales contract or escrow agrecment, the intent of which fs the transfer of tile by
Borrower at 2 future date to a purchaser.
fall or any part of the Property or any Interest in the Property is sotd or transferred (or if
Borrower is nct a natural person and a beneficial interest in Borrower is sold or transferred)
without Lenders prior written consent, Lender may require immediate payment in full of all sums
scoured by this Security Instrument. However, this option shall not be exercised by Lender if
such exercise Is prohibited by applicable tow. Lender also shall not exercise 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 made to the transferea: and (b) Lender reasonably
determines that Lender's security will not be impaired by the loan assumption and that the risk of
a broach of any covenant of agreement in this Security Instrument is acceptable to Lender.
To the extent permiied by applicable law, Lender may charge a reasonable fee as a
condition 10 Lender's consent to the loan assumption. Lender also may require the transferee to
sign an assumption agreement that is acceptable to Lender and that obligates the transferce to
keep all the promises and agreements made in the Note and in this Security Instrument. Borrower
will continue to be obligated under the Note and this Security Instrument unless Lender releases
Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give
Borrower notice of acceleration. The notice shall provide a period of noi tess than 30 days from
the date the notice is mailed or delivered within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails pay these sums prior to the expiratian of this period,
Lender may invoke any remedies permitted by this Security Instrument without further natice or
demand on Borrower.
1m DOCUMENTARY STAMP TAXES:
‘Suste of florida Documentary Stamp taxes in the amount required by law will be paid upon recording of the
‘Security Instrument Securing this Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
aeeneens veer Seal)
‘Borowsr
-Borrowsr
[Sign Original Only}
3.1m OPTION ARH worE-FLORIDA-BSMAOLOTL ‘
WOA-LTBOR Six Honth Index P|
Pay to the order of Walls Fang Bark, NLA, 28 Tusiee
fitout Recourse by EMC Mortgage Corporation
Preview
Filing # 68867109 E-Filed 03/06/2018 02:58:59 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. GENERAL JURISDICTION DIVISION WELLS FARGO BANK, N.A., AS TRUSTEE, ON BEHALF OF THE HOLDERS OF STRUCTURED CASE No. CACE17012278 ASSET MORTGAGE INVESTMENTS Il, INC., BEAR STEARNS MORTGAGE FUNDING TRUST 2006-AR5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR5, PLAINTIFF, vs. THANYAKORN ATSAWAMAHAKUL, ET AL. DEFENDANT(S). / STATE OF UTAH ) COUNTY OF SALTLAKE ) AFFIDAVIT OF INDEBTEDNESS Before me, personally appeared Patrick Riquelme who, after being first duly swom, deposes and says: L Iam an officer of Select Portfolio Servicing, Inc., (“SPS”), acting as attorney-in-fact for Wells Fargo Bank, N.A., as trustee, on behalf of the holders of Structured Asset Mortgage Investments II, Inc., Bear Steams Mortgage Funding Trust 2006-AR5, Mortgage Pass-Through Certificates, Series 2006- ARS who is the Plaintiff herein. SPS is the servicer of the subject mortgage and in such capacity performs mortgage loan services with respect to the subject mortgage on the Plaintiff's behalf. As an officer of SPS, I am authorized to make this affidavit on behalf of the Plaintiff. 2. Tam over the age of 18 and competent to testify as to the matters contained in this affidavit. 3. As a mortgage servicer, SPS collects payments from borrowers and maintains up-to-date electronic records concerning the loans it services in its electronic record-keeping system. I have access to SPS's business records, including the business records for and relating to the subject loan. I make this affidavit based upon my review of those records relating to the Borrower(s)'s loan and from my own personal Page 1 Our Case #: 16-000807-FRS (14-001856)CML\XXXXXX7480\CACE] 7012278\SPS *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 3/6/2018 2:58:59 PM.****knowledge of how the records are kept and maintained. The loan records are maintained by SPS in the course of its regularly conducted business activities and are made at or near the time of the event, by or from information transmitted by a person with personal knowledge. It is the regular practice to keep such records in the ordinary course of a regularly conducted business activity. 4. To the extent that the business records of the loan in this matter were created by a prior servicer, the prior servicer’s records for the loan were integrated and boarded into SPS's systems, such that the prior servicer’s records concerning the loan are now part of SPS's business records. SPS maintains quality control and verification procedures as part of the boarding process to ensure the accuracy of the boarded records, It is the regular practice of SPS to integrate prior servicers’ records into SPS's business records, and to rely upon the accuracy of those boarded records in providing its loan servicing functions. These prior servicer records are integrated and relied upon by SPS as part of SPS's business records. 5. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by personally examining the business records pertaining to the subject loan. As of November 30, 2017, the balance due under the terms of the note and mortgage at issue in this action is calculated as follows: Principal Balance $477,810.32 Deferred Principal Balance* $0.00 Interest good through To February 13, 2018 $79,434.93 Pro Rata Mortgage Insurance $0.00 Escrow Advance $42,071.63 Advances made on Defendant's Behalf $300.00 Late Charges $580.00 NSF Charges $0.00 Interest on Advance $0.00 Suspense Balance $0.00 Total Amount Due $600,196.88 * Non-Interest Bearing The current interest rate is 3.87500%. Per diem interest in the amount of $48.67 will accrue on the principal unless there is an interest rate change as set forth in the note. The per diem interest will then accrue on the principal until the next interest rate change date and accrue thereafter in accordance with the variable rate as set forth in the note. Business records supporting the above-referenced account data are attached as Exhibit “A”, Page 2 ‘Our Case #: 16-000807-FRS (14-001856)-CML\XXXXXX7480\C ACEI 7012278\SPS,6. The Plaintiff has agreed to pay its attorneys a reasonable fee for their services performed in the prosecution of this action. Wells Fargo Bank, N.A., as trustee, on behalf of the holders of Structured Asset Mortgage Investments II, Inc., Bear Stearns Mortgage Funding Trust 2006-AR5, Mortgage Pass-Through Certificates, Series 2006- ARS has the right to foreclose, Select Portfolio Servicing, Inc. as Attorney In Fact By: fan —— Name: Patrick Riquelme Title: Document Control Officer Select Portfolio Servicing, Inc. Date: _ O| tol 20\R STATE OF UTAH ) COUNTY OF SALTLAKE ) *Personally Known Subscribed and sworn to before me this \o day of. SJ anvacy . in the year 201%. by Patrick Riquelme * 4 Document Control Officer of Select Portfolio Servicing, Inc., proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument. Witness my hand and official seal. / IRMA DU! RAN ae i om Public State of ae fa tae tea inssi Exnires on: Ee Meigen Ei Comm. Number: 685351 Page 3 ‘Our Case #: 16-000807-FRS (14-001856)-CMLIXXXXXX7480\CACEI 70 12278\SPS,EXHIBIT A; ELECT Financial Breakdown Statement rt folic : SP. SE v ICING, inc. (oan Number Financial Breakdown Summary _ Loan Status ur ATSAWAMAHAKUL, Due Date: 07/01/2012 ‘MI Coverage: Wo AISI NFT LAUDERDALE "08/01/2013 __. BLVOUNT6B eae it ao FT LAUDERDALE Maturity Date: 12/01/2036 i MM/DD/YY Principal Balance i $477,810.32 Deferred Balance . $0.00 Accrued Interest Interest From Date 06/01/2012 ‘Good-thru Date i 02/13/2018 | Interest Rate anes 3.87500% Per Diem Rate ~ sane7 Escrow Advance Balance Z Taxes $31,738.02 Insurance 7 $8,824.25 Mortgage Insurance ee Er '$0.00° Prior Servicer Advances 7 $1,512.36 ip / PM | advance etance 2,010.00 Late Charges NSF Fees Fax Fees Payoff Fees | interest on Advance Mise. Unapplied Funds | TOTAL Wells Fargo Bank, N.A., as trustee, on behalf of the holders of Structured Asset Mortgage Investments I, Inc., Bear Stearns Mortgage Funding Trust 2006-ARS, Mortgage Pass-Through Certificates, Series 2006-ARSSELECT Financlal Breakdown Statement ‘Portfolio ‘Data date:11/30/2017 02:19:230M SERVICING, inc. toan Number Prior 08/08/2013 Servicer-Late $380.00 $580.00 $0.00 $0.00 $0.00 $0.00 Charge Priot Servicer-Pre- distributed ' | 08/08/2013 $580.00 $0.00 $0.00' $9,999.99 $9,999.99 $0.00 Interest, Escrow, Payment Prior ; \ Servicer-Pre- distributed Interest, Escrow, . Payment. ' 1 | 11/05/2013 County Tax $580.00 $0.00 $0.00 $5,117.31 $24,428.18 $0.00 02/27/2014 Tax Refund $580.00 $0.00 $0.00 ($5,117.31) $19,310.87 $0.00 | Flood 1 1 ' 06/24/2014 hc rance $580.00 $0.00 $0.00 $767.28 $20,078.15 | | $0.00 Flood tnsurance Flood Insurance Flood Insurance Flood : 11/04/2014 | .corance $580.00 $0.00 $191.82 $20,845.43, $0.00 $0.00 11/06/2014 , County Tax $580.00 $0.00 $0.00 $6,957.39 $27,812.82 $0.00 Flood 12/02/2014 a orance $880.00 $0.00 $0.00 $191.82 $28,004.64 $0.00 | Flood Insurance a $580.00 $0.00 $0.00 $191.82 $28,388.28 $0.00 Insurance . Flood , ' {Insurance $800.00: $0.00 $0.00! $191.73 $28,580.01 | $0.00 Flood Insurance: Flood \ insurance $580.00 $0.00 $0.00, $189.38 $28,958.77 , sao Flood eh $580.00 $0.00 $0.00 $189.38 $29,248.15 $0.00 Flood Insurance $580.00 $0.00 $0.00 $189.38 $29,337.53 $0.00 Flood ! interance $580.00 $0.00 $0.00 $189.38 $29,526.91 $0.00 Pre- serbia (08/28/2015 Interest, $580.00 $0.00 $0.00, $0.00 $29,526.91, $0.00 Escrow, Payment Pre- distributed (08/28/2015 interest, $580.00 $0.00 $0.00 $0.00 $29,526.91 ‘$0.00 Escrow, Payment Flood Insurance Flood 09/30/2015 jasorance $580.00 $0.00 $0.00 $189.38 $29,905.67 $0.00 PROP INSPECTION $580.00 $000 $15.00 $15.00 $29,905.67 $0.00 | Flood 11/02/2015 | Aor ance $580.00 $0.00 $15.00 $189.38 $30,095.05 $0.00 11/05/2015 County Tax $580.00 $0.00 $15.00 $5,879.49 $35,974.56 $0.00 ' “PROP ! (21/06/2015 Neptcrion $580.00 $000 $15.00 $30.00 $35,974.54 $0.00 Flood A2/OU2OS ineyrance 12/02/2015 PROP | $580.00 $0.00 $89.00 $119.00 $36,163.92 $0.00 08/08/2013 $80.00 $0.00 $0.00 $9,310.88 $19,310.87 $0.00 8/os/2018 $380.00 $0.00 $0.00 $191.82 $20,269.97 $0.00 09/03/2014 9880.00 $0.00 $0.00 $191.82 $20,461.79. $0.00, 09/30/2014 $580.00 $0.00 $0.00 $191.82 $20,653.61 $0.00 | 01/06/2015 $580.00 $0.00 , $0.00. $191.82 $28,196.46" ‘$0.00 02/04/2015 03/04/2015 04/07/2018 $580.00 $0.00 $0.00 $189.38 $28,769.39 $0.00 |os/os/2o1s 06/02/2015, 06/30/2015 08/04/2015 09/01/2015 $580.00 $0.00 $0.00 $189.38 $29,716.29 ' $0.00 10/01/2015 $580.00 $0.00 $30.00 $189.38 $36,163.92 $0.00SP. 12/03/2018 I2/T2OIS 12/31/2015 01/29/2016 ‘qayozp2016 o203/2016 03/01/2016 04/01/2016 04/05/2016 04/28/2016 (05/02/2016 05/04/2016 05/26/2016 06/01/2016 | 06/29/2016 06/30/2016 08/02/2016 08/09/2016 09/31/2016 09/08/2016 ' os/1a/2016 09/30/2016 10/17/2016 10/18/2016 10/19/2016 11/01/2016 “ a/rof2016 11/18/2016 11/30/2016 12/23/2016 2ATAOGE 12/27/2016 12/27/2016 02/03/2017 01/19/2017 01/27/2017 | 01/31/2017 02/28/2017 | 02/28/2017 ‘SELECT Port folio ‘VALUATION PROP "VALUATION PROP INSPECTION, ‘Flood Insurance Tax Refund Flood Insurance ‘PROP INSPECTION Flood Insurance PROP INSPECTION. Flood Insurance Feary ‘FEES Flood Insurance FATTY ‘FEES PROP INSPECTION, tnsurance Flood insurance PROP INSPECTION Flood ‘VALUATION Flood Insurance County Tax ‘PROP INSPECTION | Flood Insurance ‘$880.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 ‘$880.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 ‘$580.00 $880.00 $880.00 ‘$580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $880.00 $580.00 $580.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ($89.00) $15.00 $15.00 $15.00 $280.00 $560.00 $15.00! $15.00" $15.00 $45.00 $15.00 $15.00 ($89.00) $15.00 $15.00 ($810.00) ($172.14) $15.00 | $45.00 Financial Breakdown Statement ete /30/207 ens 234M $30.00 $36,163.92 $0.00 $45.00 $36,163.92 $0.00 $45.00 $189.38 $36,353.30 $0.00 $45.00 ($5,879.49) $30,473.81 $0.00 $45.00, $169.38 $30,662.19) $0.00 $60.00 $30,663.19 $0.00 $60.00 $189.32. $20,852.51 $0.00 $75.00 $30,852.51 | $0.00 $7500 $187.50 soa $0.00 $325.00 $31,040.01 , $0.00 $328.00 $187.50 $31,227.51) $0.00 $885.00 $31,227.51 $0.00 $900.00" , $31,227.51) $0.00) $9000 $187.50 $31,415.01 $0.00 $915.00 $31,415.01 $0.00 $925.00 $187.50 $31,602.51 $0.00 $915.00 $187.50 $31,790.01" $0.00 $930.00 $31,790.01 $0.00 $930.00 18750 $21,97781| $0.00 $975.00 $31,977.51 $0.00 $990.00. $31,977.51 $0.00, $990.00 $187.50 $32,165.01 $0.00 $1,008.00 $32,165.01, $0.00! $1,094.00 $32,165.01, $0.00 $1,005.00 | $32,165.01 $0.00 $1,005.00 $187.50 $32,352.51 $0.00 $2,005.00 $6,801,71| $39,154.22 $0.00 $1,020.00 $39,154.22 $0.00 $1,020.00 $187.50 $39,381.72 $0.00 $1,035.00 $39,361.72 $0.00 $1,035.00 $0.00 $29,341.72 $0.00 $225.00 $39,341.72 $0.00 $52.96 $39,341.72, $0.00 $5286 $18750 $39,529.22! $0.00' $52.86 ($6,801.71) $32,727.51 $0.00 $67.86 $32,727.51, $0.00) $6796 $187.50 $32,915.01 $0.00 $67.86 $187.50' $33,102.51 $0.00; $112.85 $33,102.51 $0.00SP 03/01/2017 (04/03/2017 04/06/2017 (04/26/2017 04/27/2017 05/02/2017 05/05/2017 05/31/2017 06/14/2017 06/30/2017 07/14/2017 07/18/2017 08/01/2017 08/15/2017 08/15/2017 08/23/2017 08/31/2017 PROP INSPECTION PROP INSPECTION Food Insurance PROP VALUATION PROP VALUATION Flood Insurance PROP INSPECTION Flood Insurance PROP. INSPECTION Flood Insurance FcATTY FEES PROP 09/28/2017 10/02/2017 10/31/2017 11/01/2017 aapof2017 41/29/2017 12/30/2017 INSPECTION Flood insurance FCATIY FEES Fecosts PROP INSPECTION Flood insurance PROP ELECT Portfolio iSERVICING, ine. INSPECTION Flood Insurance Flood “Insurance Fecosts County Tax FeaTTY FEES. $580.00 $580.00 $580.00 $580.00 $580.00 $580.00 $860.00 $580.00! $580.00 $580.00 $380.00 $580.00 $880.00 sseo00! $580.00 $580,001 $580.00 $80.00: $580.00 $580.00; $880.00 $580.00 $880.00 $580.00 $0.00! $0.00 $0.00 $0.00 $0.00 $0.00, $0.00 $0.00 $0.00! $0.00 $15.00 $15.00 ($89.00) $15.00 $15.00 $45.00 $15.00, $820.00 $1,973.50 $15.00 $15.00, $1,865.00 $100.00 $127.86 $142.85, $142.86 $231.86 $142.86 $142.86 $157.86 $157.86 9172.86 $172.86 $217.86 $232.86 $232.86 $1,052.86 $3,026.36 $3,041.36 $3,081.36 $3,056.36 $3,056.36 $3,056.36 $4,921.36 $4,921.36 $5,021.36 $5,021.36 Financial Breakdown Statement $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $250.00 $6,969.12 ‘Data date:12/30/2017 02:19:234M loan Nunber $33,102.51 $0.00 $33,202.51 $0.00 $33,352.51 $0.00 $33,352.51 $0.00 $33,352.51 $0.00 $33,602.51 $0.00 $33,602.51 $0.00 $33,852.51 | $0.00 $33,852.51: $0.00 $34,202.51 | $0.00 $34,102.51" $0.00 $34,102.51 | $0.00 $34,352.51 $0.00 $34,282.51 | $0.00 $34,382.51 $0.00 $34,352.51 $0.00 $34,602.51 $0.00 $34,602.51, $0.00 $34,852.51 $0.00 $35,202.51 $0.00 $35,102.51 $0.00 $42,071.63 $0.00 $42,071.63, $0.00 $42,071.63, $0.00Financial Breakdown Statement Data date:11/30/2017 02: 3AM (oon sur ‘New Loan. " | ($481,892.5 08/01/2012 $0.00 7 08/08/2013 Interest, 04/01/2012 ($9,989.99) $0.00 $0.00: ($9,999.99) $0.00 $0.00 $0.00 | distributed 1 \ 08/08/2013 ‘Interest, 04/01/2012 ($9,310.88) $0.00 $0.00 (59,310.88) $0.00 $0.00 $0.00 Escrow, Payment | Non-Cash \ ; 08/12/2013 | Balance 04/01/2008 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Adjustment ‘Non-Cash 08/28/2015 | Balance 03/02/2011 $0.00 $0.00; $0.00 $0.00 $0.00 $0.00 $0.00 Adjustment i Pree distributed 08/26/2015 | Interest, 03/02/2011 | $99,999.99 $0.00 $99,999.99) $0.00 $0.00 $0.00 $0.00 Escrow, Payment Pre- | distributed 1 \ . 08/28/2015 Interest, 03/01/2011 $32,778.54 $0.00 $32,778.54 $0.00 $0.00 $0.00 $0.00 Escrow, Payment | Non-Cash, i ; : 12/27/2016 ‘Balance 07/01/2012 $0.00 $0.00 $0.00 $0.00 $0.00 | $0.00 $0.00 Adjustment Pre | distributed ' | 12/27/2016 ‘Interest, 07/01/2012 $49,648.14 $4,082.25 ' $45,565.89 $0.00 $0.00 4 $000' $0.00 Escrow, ! Payment 7 Non-Cash | : | 12/30/2016 ‘Balance | 07/01/2012 $0.00 Adjustment Non-Cash 12/31/2016 Balance 07/03/2012 $0.00 $0.00 $0.00 $0.00, ‘$0.00 ; $0.00 $0.00 | Adjustment : ' I sooo $0.00, $0.00! $0.00SPS& 3,87500% 3.62500% 3.50000% 3.12500% 2.75000% '2.62500% 2.75000% 3,00000% 4,00000% 9.00000% ‘SELECT SE rtfalio ICING, ine. 32/01/2017 06/01/2017 12/01/2016 06/01/2016 22/01/2015 06/01/2013 12/01/2012 06/01/2012 ‘12/01/2011 12/01/2006 Interest Rate table Financial Breakdown Statement 12/31/2017 11/30/2017 05/31/2017 11/30/2016 08/31/2016 11/30/2015 05/31/2013 11/30/2012 ‘08/31/2012 11/30/2011ADJUSTABLE RATE NOTE (LIBOR Six-Month Index (As Published In The Wall Street Journal) - Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE, THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. THIS NOTE ALLOWS MONTHLY PAYMENT OPTIONS FOR AN INITIAL PERIOD, THIS NOTE MAY REQUIRE UNPAID INTEREST TO BE ADDED TO LOAN PRINCIPAL AND REQUIRE ME TO PAY ADDITIONAL INTEREST ON THE UNPAID INTEREST (NEGATIVE AMORTIZATION). November 30, 2006 FORT LAUDERALE yu (Dxel city) {State} 1151 N ATLANTIC BLVD UNIT 6B, FI. LAUDERDALE, FL 33304 Property Address) L BORROWER'S PROMISE TO PAY An retum for a loan that J have received, 1 promise to pay U.S. $ 464,000.00 (this amount is called “Principal”), plus interest, to the order of Lender. Lender is Boar Stearns Residential Mortgage Corporation. | will make all payments under this Note in the form o! check or money r. 1 understand thet Lender may transfer this Note. Lender or anyone who takes this Noie by transfer and who is entitled to receive payments under this Note is called the “Note Holder.” 2 INTEREST Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 9.000%. The interest rate I will pay may change in accordance with Section 4 of this Note. ‘The interest rate required by this Section 2 and Section 4 of this Note is the rate 1 will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS. (A) Time and Place of Payments 1 will make my monthly payments on the first day of each month beginning on 02, 2007.1 will make these payments every month until 1 have paid all of the principal and into and ay other charges described below that I may owe under thls Note. Each monthly payment will be applicd as of jis scheduled due date and will be applied 10 interest before Principal, if any. If, on Decanbar 01, 2036, | still owe amounts under this Note, | will pay those antounts in full on that date, which is called the Satiy Dae I will make my monthly payments at EME Processing Dept, P. 0. Box 225749, Dallas ‘3X_75222-5749 or ata different place if required by the Note Holder. 3 XR OPTION ARN ROTR-FLORIDA-BERAOLOPL, Sere i®) =—_ Amount of My Monthly Paymeats Twill interest by making payments in the amount of US $ 2,320.01 (ihe “Minimum Payment”) every month wl ether () the flet Interest Rale Change Date set forth fi-Seotion #(A), or (i) payment of the Minimum Payment on my next scheduled payment date would cause my principal balance to exceed the Maximum Litt set forth in Section 3(D), whichever event occurs first (the “Option Period). ‘The Minimum Payment calculated based upon the amount of interest thet will acerue each momth ct arate equal to 6.000 %. Payment of the Minimum Payment amount will result in eccrved but unpaid interest being added to ‘The unpaid Principal and any accrued but unpaid interest will then accrue additional interest at the rate then in effect. This practice ia known as negative amonization. ‘After the expleation of the Option Period, I will pay interest by making payments in an amount sufficient to pay interest as it accrues every month until Decombor 01, 2016 (the “Interest Only Period”). This amount will be determined by the Note Holder 2s set forth fa Section 4(C). In addition, if | make payments of principal and/or accrued unpaid interest during the Interest Only Period, my monthly interest-only payment amount will change and will be based on the remaining Principal and my then current interest rte. After the expiration of tho Interest Only Pertod, I will pay principal and interest by making payments every month for the remaining term (ihe “Full Amortization Period). The emount of payments during the Full Amortization Period will be determined by the Note Holder as set forth in Section 4(C). © ‘Additions to My Unpaid Principal During the Option Period, my monthly payment could be less than or greater than the amount of interest ‘owed each month. For each month thst my monthly payment is less then the interest owed, the Note Holder will subtract the amount of my monthly payment from the amount of the interest portion and will add the difference to my unpaid Principal. Interest will sccrue on the amount of this difference at the interest rate required by Section 2 cr Section 4, For esch month that the monthly payment is greater than the interest portion, the Notc Holder will apply the payment to interest before Principal o Limit on My Unpald Principal; Increased Minimum Payment ‘My unpaid Principal can never exceed the Maximum Limit equal to 125 percent of the Principal amount I originally borrowed. My unpald Principal could exceed that Maximum Limit due to additions to my unpaid Principal deserfbed in Section 3(C). If on any payment due date I would exceed the Maximum Limit by paying my ‘Minimum Payment, then my monthly payment will be edjusied to an amount equal to the Interest Only Peyment described in Section 3(E)(0), 1 will continue to pay that amount until the fnterest Only Period expires. © Additional Payment Options During the Option Period, the Note Holder may provide me with up to three (3) additional payment options (the “Payment Options"). 1 will be eligible to select one of the Payment Options if {in a larger monthly payment than my regular Minimum Payment. I may be given the following Payment Options: (@ Interest Only Payment: Pay only the amount that would pay the interest portion of the monthly payment at the current interest rate. The Principal balance will not be decreased by this Payment Opticn and it is only available if the interest portion exceeds the Minimum Payment. Gi) Fully Amortized Payment: Pay the amount necessary to pay the loan off (Principal and Interest) at the ‘Maturity Date in substantially equal payments, at the then current interest rate. (ii) 15 Year Amortized Payment: Pay the amount necessary to pay the foan off (Principal and Interest) within a fifteen (15) year term from the first payment due date in substantially equal payments, at the then ‘current interest rate. ‘5 XR OPTION ARM NOTH-PLORIDA-BSREOLOFL SEA-LEBOR Bix Month Inox |‘These Payment Options sre only applicable if they are greater than the Minimum Payment (F) Notice of Changes ‘The Note Holder will deliver or mail to me a notice of any changes in my Minimum Payment before the effective date of any change. The notice will inctude the amount of my monthly payment, any information required by law to be given to me and also the ttle and telephone number of a person who will answer any question I may have regarding the notice. 4, ADJUSTABLE INTEREST RATE (A) Interest Rate Change Dates ‘Th: imerest rate 1 will pay will change on the first day of Decesbor_01, 2OLL, snd the adjustable interest rate 1 will pay may change on that day every 6th month t. The date on which my interest rate changes is called an “Interest Rate Change Date.” B) The Index Beginning with the first Interest Rate Change Date, my adjustable interest rate will be based on an Index. ‘The “Index" is the average of interbank offered rates for six month U.S. dollar-denominsted deposits in the London market (“LIBOR"), as published in The Wall Street Journal. The most recent index figure availeble 2s of the first business day of the month immediately preceding the month in which the Interest Rate Change Dato occurs is called the “Current Index.” If the index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Interest Rate Changes Before each Interest Rate Change Date, the Note Holder will calculate my new interest rato by adding Ewo_And Twenty Five Hundredthe percentage points (2.25 %) to the Current Index. The Note Holder will result off to the nearest. ‘of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new Interest rate until the next Interest Rate (D) ~—_— Limits on Interest Rate Changes ‘The interest rate I am required to pay at the first Interest Rate Change Date will not be grester than 14.000 9% ar tess than 4.000 %. Thereafter, my interest rate will never be increased or decreased on any single ‘Interest Rate Change Date By more than Ona _ percentage point(s) (2.000 9%) from the rate of interest I have been paying far the preceding 6 months. My interest rate will never be greater than 24.000 %. S YR OPTION ABM HOTE-FLORIDA-BSRAOLOFL wari six month inser f©) —_Bffective Date of Changes My cew interest rate will become effective on each Interest Rate Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Interest Rate Change Date until the amount of my monthly payment changes again. ) Notice of Changes ‘The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. ES BORROWER'S RIGHT TO PREPAY Ihave the right to make payments of Principal at eny time before they sre due. A payment of Principal ‘only is known as a “Prepeyment.” When I make a Prepayment, I will tell the Note Holder in writing that ] am doing $0. 1 may not designate a payment as a Prepayment if | have not made all the monthly payments due under this Note. may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will ue my Prepayments vo redvce the amour of Principal that { owe under this Note. However, the Note Holder may epsty my Prepayment tothe sccrued and unpaid [mrest on the Prepayment sraount before spplying my Prepayment to reduce the Principal amount of this Note, If I mske a partial Prepayment, there will be no lunges i» the due den of ny moaihly payments uneas he Nowe Holder agices in wring to those changes My partial Prepayment may reduce the amount of my monhly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate 6 LOAN CHARGES It 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 Ioan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted tlm; and (b) any sums already collected from me that 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. 1 BORROWER'S FAILURE TO PAY AS REQUIRED @ Late Charges fer Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar divs afer the dae its dun wil pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. 1 will pay this Inte charge promptly but only once on each late Payment, @) Default If] do ot pay the full amount of each monhly payment on the date itis due, 1 will be in defautt. mm oprron azo nome-ricasoA-nsnd0108, Weea-LI00R Bix honth Zadox iin‘o Notice of Default ‘If Lam in default, the Note Holder may send me a written notice telling me that if 1 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 bas not been paid and all the interest that I owe cn that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by others means. D No Walver By Nate Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as deseribed above. the Note Holder will still have the right to do so if T 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 havo the right to be pald back by me for all of its casts end expenses in enforcing this Note to the extent not Prohibited by epplicable law. Those expenses include, for example, reasonable attomeys' fees. & 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 mailing it by first class mail to me si the Property Address sbave or at a different address if T give the Note Holder a notice of my different address, Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given 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 I am given a notice of that different address, » OBLIGATIONS OF PERSONS UNDER THIS NOTE. I more 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 promise to pay the full amount owed. 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, Including the obligstions of a guarantar, surety or endorser of this Note, is also obligated to keep all of the promises made in this Nove. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any ene of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS 1 and ony 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 Hie ‘means the right to require the Note Holder to give notice to other persons that emounts dus have not iM UNIFORM SECURED NOTE ‘This Note is a uniform instrument with limited variations in some jurisdictions. In addition to protections given to the Note Holder under this Note, a Mortgage, Deod of Trust, or Security Deed (the “Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if| do not keep the promises that I make in this Note. That Security Instrument describes how and under conditions I may be required to make immediate payment in full of all smounis I owe under this Note. Some those conditions read as follows: ‘5 YR OPTION ARM ROTR-FLORIDA-DIRAOLOFL Ss MEA-LIGOR 4 Konth Indox P| & 28s‘Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section, “Interest in the Property” means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agrecment, the intent of which fs the transfer of tile by Borrower at 2 future date to a purchaser. fall or any part of the Property or any Interest in the Property is sotd or transferred (or if Borrower is nct a natural person and a beneficial interest in Borrower is sold or transferred) without Lenders prior written consent, Lender may require immediate payment in full of all sums scoured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise Is prohibited by applicable tow. Lender also shall not exercise 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 made to the transferea: and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a broach of any covenant of agreement in this Security Instrument is acceptable to Lender. To the extent permiied by applicable law, Lender may charge a reasonable fee as a condition 10 Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferce to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of noi tess than 30 days from the date the notice is mailed or delivered within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails pay these sums prior to the expiratian of this period, Lender may invoke any remedies permitted by this Security Instrument without further natice or demand on Borrower. 1m DOCUMENTARY STAMP TAXES: ‘Suste of florida Documentary Stamp taxes in the amount required by law will be paid upon recording of the ‘Security Instrument Securing this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. aeeneens veer Seal) ‘Borowsr -Borrowsr [Sign Original Only} 3.1m OPTION ARH worE-FLORIDA-BSMAOLOTL ‘ WOA-LTBOR Six Honth Index P| Pay to the order of Walls Fang Bark, NLA, 28 Tusiee fitout Recourse by EMC Mortgage Corporation