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IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 2018-CA-000388 Filed jn open Court this
NEW PENN FINANCIAL LLC D/B/A SHELLPOINT uh aay of Lae —
MORTGAGE SERVICING,
AD.
Plaintiff, .
ARMANDO RAMIREZ, CLERK
ip D.C.
ADAN PEREZ, et al.
Defendant(s).
NOTICE OF FILING
On this f. day of. Done » 2018, Plaintiff, by and through its undersigned attorney hereby files:
Certification of Business Records Affidavit
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
By:
Betzy Falgas, Esquire
Florida Bar No. 76882
Communication Email: law.com
\
C0000 EM
18-149084 - Rok
PAGE 1IN THE CIRCUIT COURT OF THE NINTH JUDICIAL
CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 2018-CA-000388
NEW PENN FINANCIAL LLC D/B/A SHELLPOINT
MORTGAGE SERVICING,
Plaintiff,
vs.
ADAN PEREZ, et. al.
Defendant(s).
/
CERTIFICATION OF BUSINESS RECORDS AFFIDAVIT
STATE OF
COUNTY oF Lhzma_)
BEFORE me, personally appeared C who, being of lawful age and after being first
duly sworn, deposes and says:
Wrecker
11 am" Dreolosane of New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, the servicing
agent for the Plaintiff in this action. In this capacity I have personal knowledge of the facts and matters stated
herein, and I am authorized to execute this Affidavit on behalf of PLAINTIFF.
2. The information contained in this affidavit is contained in the original books and records maintained by New
Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, and the records referenced or summarized herein
constitute records or data compilations ("the records") of transactions ("the Transactions”) relating to the
servicing of the mortgage loan at issue in this foreclosure action.
3. The records were made at or near the indicated time based on information transmitted by, or from a person with
knowledge of the Transactions. The records are kept in the course of New Penn Financial, LLC d/b/a Shellpoint
Mortgage Servicing’s regularly conducted business activity. It is the regular practice of New Penn Financial,
LLC d/b/a Shellpoint Mortgage Servicing to make these records. In the course of my regular job duties I have
access to and am familiar with these records, and I reviewed and relied upon these records in executing this
Affidavit.
4. To the extent that the business records of the loan in this matter were created by a prior servicer, those records
have been verified for accuracy and integrated into New Penn Financial, LLC d/b/a Shellpoint Mortgage
Servicing’s business records in the regular course of New Penn Fi inancial, LLC d/b/a Shellpoint Mortgage
Servicing’s regularly conducted business activity.
5. True and correct copies of records I have reviewed and relied upon in executing this Affidavit are attached to
this Affidavit and incorporated herein.
18-149084 - DiV
PAGE 26. According to the records, prior to the filing of the Complaint, the Plaintiff was the designated holder of the note,
or otherwise authorized to enforce, the promissory note and mortgage upon which this foreclosure action is
based. A true and correct copy of the original note is attached hereto as Exhibit A. A true and correct copy of
the original mortgage is attached hereto as Exhibit B.
7. According to the records, the borrower(s) have defaulted pursuant to the terms of the promissory note and
mortgage sued upon, by failing to tender the Plaintiff the required payments when due.
8. The borrower(s) were sent a notice of default. A copy of this letter is attached hereto as Exhibit C.
9. The default has not been cured and the Plaintiff has elected, in accordance with the terms of the note and
mortgage, to accelerate the payment of the entire principal sum, together with accrued interest.
10. A true and correct copy of the borrower's payment history is attached hereto as Exhibit D.
11. Based on the business records reviewed and attached hereto, there is now due and owing to the Plaintiff upon
said note and mortgage the following attached amounts. A true and correct copy of the business records
showing the amounts due and owing is attached hereto as Exhibit E.
12. On account of the borrower(s) default under the note and mortgage sued upon herein, New Penn Financial, LLC
d/b/a Shellpoint Mortgage Servicing, retained its attorney of record and authorized the filing of this action.
Further, New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, has agreed to be bound and obligated
itself to pay said attorney for his/her services such sum as the Court shall adjudge to be reasonable.
Affiant Signature:
Print Name:
Sworn to “an subscrjhed before me,
this day o! » 2018
lic, State of “Key,
County of. \ Ae
Commissioned Name of Notary of Public (3. ydilasn
JOY WILSON
Notary Public, State of Texas} «
‘comm. Expires 93-16-2070
t
Notary 1D 13088426)
ne
en
PAGE 3
18-149084 - DiVNote
December 19, 2012 Kissimmee FL
[Date] {City} [State]
1612 SUNBURST WAY, Kissimmee, FL 34744
[Property Address)
‘1. Borrower's Promise to Pay. In retum for a loan that Ihave received, I promise to pay U.S, $144,465.00 (this amount
{s called “Principal”), plus interest, to the order of the Lender, The Lender is JPMorgan Chase Bank, N.A..I will make all
payments under this Note in tte 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. Interest will be charged on unpaid principal until the full amount of Principal has been paid, I will pay interest
ata yearly rate of 4.125%,
The interest rate required by this Seotion 2 is the rate I will pay both before and after any default described in Section 6B)
lote, .
3, Payments.
(A) Time and Place of Payments. Iwill pay principal and interest by making a payment every month.
Iwill make may monthly payment on the Ist day of each month beginning on February 1, 2013.1 will make these payments
very month until Ihave paid all of the principal and interest and any other charges described below that] may owe under
this Note. Bach monthly payment will be applied as of ite scheduled due date-and will be applied to interest before
Principal. If, of January 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.O. Box 78420, Phoenix, AZ 85062-8420 of at a different place if required by the
Note Holder.
(B) Amount of Monthly Payments. My monthly payment will be in the amount of U.S. $700.15.
4, Borrower's Right to Prepay.
Unave 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 Prepayment, I will tell the Note Holder in writing that { am doing so. I may not designate a
payment as a Prepayment if 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 my 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 Holder agrees in writing to those chenges.
5. Loan Charges. If a law, which applies to this loan and which sets maximum Joan charges, is finally interpreted so that
the interest or other loan ctiarges collected or to be collected in connection with this loan exceed the permitted limits, then:
() any sach loan charge shall be reduced by the amount nebessary 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 Fallure to Pay as Required.
LOMA RxD RaTe NOTES Far Farnie Maes Mac AORN RIFTRUNENT
‘Wears Kuwer Franch Sondcoe amaratsaomaaneuortosaHy
Exhibit A(A) Late Charge for Overdue Payments, Ifthe Note Holder hes 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 charge 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 oneach Inte payment.
(B) Defauit, 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] am in default, the Note Holder ‘nay sond 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 and all the interest that I owe on that 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 Walver By Note Holder. Even if, ota 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] am in default at a later tone,
(E) Payment of Note Holdef'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 in
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 mailing it by frst class rail to mue at the Property Address above or ata different
address if | 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 meiting it by first class
tal to the Note Holder atthe address stated in Section 3(A) above or ata different addres if] am given a notice ofthat
ifferent address,
8. Walvers. I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. “Presentment” means the tight o require the Note Holder to demand paymont of amounts due. “Notlce of
Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. Uniform Secured Note. This Note is a uniform instrument with limited variations in some jurisdictions. In addition
to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security
Instrument”), dated the same date as this Noto, protects the Note Holder from possible losses that might result if] do not
keep the promises which I 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 Noto. Some of those conditions are described
as follows:
all or any part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower isnot a natural person
and a beneficial interest in Borrower is solé or transferred) without Lenders prior written consent, Lender may require
immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exereised
by.Lender if such exercise is prohibited by Applicable Law,
If Lender exervises this option, Lender shall give Borrower notice of acceleration. ‘The hotice shall provide a period of
not less than 30 days froin the date the notice is given in accordance with Section 15 within which Borrower must pay
all sums secured by this Security Instrument. If Borrower falls to pay thege sums prior to 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.
‘remeoeas
{FLOM Pra RATE NOTES FarnyFanele Mantra tac Und MATRA fem 00)
Vet eran anne aoiaiendoao4amaon0%er woe * Page dees
__ Exhibit AWITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Borrower
te
Seal
Flonmn Fob Rate Nove-inge Panth-Ferie Maeirredde iso UO INET
Fer
‘Weer rower rans Sevions
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soiairtseon nace womo8aeY
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Exhibit AReturn To: JPMorgan Chase Bank, N A,
Collateral Trailing Documents
P.O. Box 8000 - Monroe, LA 71203
Prepared By: David Ruggles
1820 £ Sky Harbor Circle S Flr 2
Phoenix, AZ 85034
Mortgage
defined in Sections 3, }1, 13, II 1. Certain rules regarding the usage of words used in this
document are also provided in $
(A) “Security Instrument" me
all Riders to this document‘
(B) "Borrower" is ADAN P! the mortgagor under this Security Instrument,
(C) “Lender” is JPMorgan Cha: ink, der is a National Banking Association organized
and existing under the laws of the Lender's address is 1111 Polaris Parkway, Floor 4J,
Columbus. OH 43240 Lender is the mortgagee under this Secunty Instrument.
(D) “Note means the promissory note signed by Borrower and dated December 19, 2012 The Note
States that Borrower owes Lender one hundred forty four thousand four hundred sixty-five and 00/100
Dollars (U.S. $144,465.00) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than January 1, 2043.
«E) “Property” means the property that is described below under the heading "Transfer of Rights in
the Property,”
{F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
© Adjustable Rate Rider O Condominium Rider O Second Home Rider
Definitions. Words used in m (Band ions of this document are defined below and other words are
ent, which 1s dated December 19, 2012, together with
1199802403,
3010101
oun ay ?
Wobers Kuwet Prenat Sarvoes z01712134 000 4002 s20110928" Pope tate
inet .
Exhibit B
Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 01/14/2013 04:33:01 PM RECEIPT # 1515852
Rec Fees 171.50 MTG DOC 505.75 INTANGIBLE 288.93 EXTRA NAMES
CFN# 2013008031 BK 4381 PG 2078 PAGE 1 OF 20
FLOROASeie Formly Fanvve Maer redcie Mac UNIFORM INSTRUMENT
vuP@O Balloon Rider Planned Unit Development Rider Q 1-4 Family Rider
OVA Rider OD Biweekly Payment Rider GQ Other(s) (specify)
(H) “Applicable Law" means ail controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable
final, non-appealable judicial opinions
* UD) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and.
other charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or simular organization.
@) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to
debit or credit an account. Such term includes, but ts not limited to, point-of-sale transfers, automated
teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) “Escrow Items"
({L) “Miscellaneous Procevds
paid by any third party (otf
§ items that are described in Section 3,
any compensation, settlement, award of damages, or proceeds
rance proceeds paid under the coverages described in Section
5) for- (1) damage to, or de: the Property; (ii) condemnation or other taking of all or any
part of the Property, (iii) co! teu of condemnation: or (iv) misrepresentations of, or
omissions as to, the value orditi¢n of the Property
oo
(M) “Mortgage Insurance \x ge protecting Lender against the nonpayment of, or default
on, the Loan
(N) "“Periodte Payment” means the regut: led amount due for (1) principal and interest under
the Note, plus (11) any amounts this Security Instrument
(Q) “RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq ) and
its implementing regulation, Regulation X (24 C F.R Part 3500), as they might be amended from
time to time, or any additionat or successor legislation or regulation that governs the same subject
matter. As used in this Security Instrument, RESPA refers to all requirements and restrictions that
are imposed in regard to a “federally related mortgage loan" even if the Loan does not qualify as a
“federally related mortgage loan" under RESPA.
(P) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument
Transfer of Rights in the Property. This Security Instrument secures to Lender: (1) the repayment
of the Loan, and all renewals, extensions and modifications of the Note; and (11) the performance of
Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower does hereby mortgage, grant and convey to Lender, the following described property located
9992409
HORA singe Fam r are ear redoe Mac UNIFORM STRUMENT Farm 3010 101
vw out
Wenect Kiara Franca Servos 201212144 000.4002 201109207 nea Y Page 200 16
Exhibit B
CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2079 PAGE 2 OF 20
uPin the COUNTY [Type of Recording Jurisdiction) of Osceola [Name of Recording Jurisdiction). SEE
ATTACH See Attached
Parcel 1D Number R142529-2179000A0390 which currently has the address of 1612 SUNBURST WAY
[Street] Kissimmee [City], Florida 34744 (Zip Code] ("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall
also be covered by this Security Instrument, All of the foregoing 1s referred to in this Security {Instrument
as the "Property."
BORROWER COVENANTS that Borrower 1s lawfully seised 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. Borrower warrants and will defend generally the title to the Property against
all claims and demands, subyect to any encumbrances of record
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
teal property.
Uniform Covenants. d Lender covenant and agree as follows:
1, Payment of Principat,
rt row items, Prepayment Charges, and Late Charges.
Borrower shall pay when due eon of, and interest on, the debt evidenced by the Note and any
prepayment charges and late cha pesdigh ¥
der the Note Borrower shall also pay funds for Escrow Items
pursuant to Section 3 Payments ndér the Note and this Security Instrument shall be made in U.S,
currency. However, if any check oF int received by Lender as payment under the Note or
this Security Instrument ts re nied d€r Appaid, Lender may require that any or all subsequent
payments due under the Note and y bist iment be made in one or more of the following forms,
(¢} certified check, bank check, treasurer's check or
cashier's check, provided any such ¢! bon an institution whose deposits are insured by a
federal agency, instrumentality, or en! lectronic Funds Transfer,
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15
Lender may return any payment or partial payment if the payment or partial payments are insufficient
to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the
Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or
partial payments in the future, but Lender is not obligated to apply such payments at the time such
payments are accepted. If each Periodic Payment ts applied as of its scheduled due date, then Lender
need not pay interest on unapplied funds Lender may hold such unapplied funds until Borrower makes
payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender
shall either apply such funds or retum them to Borrower If not applied earhter, such funds will be applied
to the outstanding principal balance under the Note immediately prior to foreclosure, No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from making
payments due under the Note and this Security Instrument or performing the covenants and agreements
secured by this Security Instrument
as selected by Lender: (a) cash, (b) money
gonad 0
FLORIDA Senge Famty Fannve Mee/Fredien Mac UNIFORM INSTRUMENT Ferm 2010 01 v-
‘Wolters Woawer Finano! Services 2012121340 0.0 4002 v2oitomasy tneats ~ Page 3a 16
Exhibit B
CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2080 PAGE 3 OF 202. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (6) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument,
and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late
charge If more than one Periodic Payment ts outstanding, Lender may apply any pay ment received from
Borrower to the repayment of the Periodic Payments 1f, and to the extent that, each payment can be paid
in full, To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments
shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments
3. Funds for Escrow I birower shall pay to Lender on the day Periodic Payments are due
under the Note, until the 4s in full, a sum (the Funds") to provide for payment of amounts due
for. (a) taxes and assessmel Offer items which can attain priority over this Security Instrument as
a len or encumbrance on the Pfop ) leasehold payments or ground rents on the Property, if any,
(c) premiums for any and all irted gquired by Lender under Section 5, and (d) Mortgage Insurance
yah Gy ower to Lender in lieu of the payment of Mortgage
visions of Section 10. These items are called "Escrow
term of the Loan, Lender may require that Community
be escrowed by Borrower, and such dues, fees and
ie
premiums, if any, or any sums
Insurance premiums in accordance
Items." At origination or at ang
6
assessments shall be an Escrow Item, B
to be paid under this Section, Borros
waives Borrower's obligation to pay hae! Pe dsToranyo all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only
be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the
amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender
may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes
be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant
and agreement" ts used in Section 9. If Borrower 1s obligated to pay Escrow Items directly, pursuant to
a watver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise Its rights
under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to
Lender any such amount, Lender may revoke the waiver as to any or afl Escrow Items at any time by a
notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
stall promptly furnish to Lender all notices of amounts
poder the Funds for Escrow Items unless Lender
FLORIOA-Siegie Ferniy- Fane Maes rmdc Me UNIFORM INSTRUMENT
Waller awe Fanci Serves 201217134 000 sane s0noazBY
Exhibit B
CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2081 PAGE 4 OF 20tequire under RESPA. Lender shalt estimate the amount of Funds due on the basis of current data and
teasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law
The Funds shall be held in an mstitution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal
Home Loan Bank. Lender shail apply the Funds to pay the Escrow Items no [ater than the time specified
under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing
the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds
and Applicable Law permits Lender to make such a charge Unless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earings on the Funds, Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds, Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the eacess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA, Lender shi Rorrower as required by RESPA, and Borrower shall pay to Lender
the amount necessary to maké wy oo shortage in accordance with RESPA, but in no more than 12 monthly
payments, If there is a de Hens of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESP; and Borrower shall pay to Lender the amount necessary to make up
the deficiency i accordance wees} . but in no more than 12 monthly payments
Upon payment in full of afl sunts rédXy, this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Landes 5
assessments, charges, fines, and impositions attributable
} Security Instrument, leasehold payments or ground
Tents on the Property, if any, and Community/Assdciation Dues, Fees, and Assessments, if any, To the
extent that these items are Escrow Ii B eShall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any Tien which has priority over this Security Instrument unless
Borrower’ (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate
to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lten an agreement satisfactory to Lender subordinating
the lten to this Security Instrument. If Lender determines that any part of the Property is subject to alien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying
the lien Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take
one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5, Property Insurance, Borrower shalt keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term “extended coverage,” and any
roams ay, P,
ROTO Senate Farm Ferne MeesFrectan Mec UNAFOR INSTRUMENT Pom 300 et N
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tor er Fear Sevens aotat2r04 90042 201507297 vats roast
Exhibit B
CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2082 PAGE 5 OF 20
fo the Property which can attain’ Nacaver 1other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts {including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term
ofthe Loan The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulung from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type
or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide g lesser coverage than was previously in effect. Borrower acknowledges
that the cost of the insurary bage so obtained might significantly exceed the cost of insurance that
Qyamounts disbursed by Lender under this Section 5 shall become
is Security Instrument These amounts shall bear interest at the
pind shall be payable, with such interest, upon notice from Lender
Allinsurance polictes required byt
to disapprove such policies, shall ine
and/or as an additional loss pays Led
If Lender requires, Borrower sha proa
notices, If Borrower obtains any form of in:
damage to, or destruction of, the Propex
° rant 4 renewals of such poticies shall be subject to Lender's right
does standard morgage clause, and shall name Lender as mortgagee
rave the right to hold the policies and renewal certificates
0 Lender all receipts of paid premiums and renewal
coverage, not otherwise required by Lender, for
shall mclude a standard mortgage clause and shall
s payee
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender Lender may
make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoratton or repair 1s economically feasible and
Lender's security is not lessened During such repair and restoration period, Lender shall have the right
to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure
the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed Unless an agreement is made in writing or Applicable
Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower
any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by
Borrower shal! not be paid out of the insurance proceeds and shall be the sole obligation of Borrower.
If the restoration or repair ts not economically feasible or Lender's security would be lessened, the
insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then
1198062003
FLORIOA Senge Farty Ferree ManfFredche Mac UMFORM INSTRUMENT fem 3010 11
‘Wohars Kluwer Finanaal Sarees 2012 12134 900 donzsZ0NNOREY mans $7 ~ Pope Go 16
Exhibit B
CFN# 2013008031 OFFICIAL RECORDS 0 DOC_TYPE MTG BK 4381 PG 2083 PAGE 6 OF 20
ne?due, with the excess, :f any, paid to Borrower Such insurance proceeds shall be applied in the order
provided for in Section 2.
'f Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrer has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period
will begin when the notice is given. In either event, or tf Lender acquires the Property under Section 22
or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insucance proceeds in an
amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other
of Borrower's rights (other than the right to any refund of uneammed premiums patd by Borrower) under
all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the
Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts.
unpaid under the Note or this Security Instrument, whether or not then due.
6, Occupancy. Borrower shal! occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property
as Borrower's principal residence for at least one year after the date of ‘occupancy, unless Lender otherwise
agrees in writing, which cot | not be unreasonably withheld, or unless extenuating circumstances
exist which are beyond Bi ee 1,
7. Preservation, Mali Ny of the Property; Inspections. Borrower shall
not destroy, damage or impair Ke Propatty, allow the Property to deteriorate or commut waste on the
Property Whether or not Borrd pésfding in the Property, Borrower shall maintain the Property in
ig or decreasing in value duc to its condition Unless 1t is
Cex restoration is not economically feasible, Borrower shall
id further deterioration or damage. If insurance or
pith damage to, or the taking of, the Property, Borrower
Property only if Lender has released proceeds for such
and restoration in a single payment or in a series
insurance or condemnation praceeds are not
Borrower is not relieved of Borrower's obligation for the
order to prevent the Property froarde
determined pursuant to Section 5 th
promptly repair the Property ifdanfag
condemnation proceeds are paid
shall be responsible for repairing or resto
purposes Lender may disburse procesds for she
of progress payments as the work is
sufficient to repair or restore the Propel
completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property, Lender shall give Borrower
notice at the time of or prior to such an interior inspection specifying such reasonable cause
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge
or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed
to provide Lender with material mformation) in connection with the Loan Material representations
include, but are not limited to, representations concerning Borrower's occupancy of the Property as
Borrower's principal residence
9. Protection of Lender's Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the cavenants and agreements contained in this Security
ELORIDA-Singe Ferny Eerie MauFiedoe Mec UNFORM INSTRUMENT
me
‘Watters Kiawer Finances Services. or212t84 0 0 0 4002..201108287 tonate
Exhibit B
CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2084 PAGE 7 OF 20Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property
and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation
of forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to
enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay
for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this
Security Instrument, including protecting and/or assessing the vatue of the Property, and securing and/or
tepairing the Property Lender's actions can include, but are not limited to. (a) paying any sums secured
by a lien which has priority over this Security Instrument, (b) appearing in court; and (c) paying reasonable
attorneys’ fees to protect its interest in the Property and/or nghts under this Security Instrument, including,
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tumed
on or off Although Lender may take action under this Section 9, Lender does not have to do so and is
not under any duty or obligation to do so, It is agreed that Lender incurs no liability for not taking any
or all actions authorized under this Section 9
Any amounts disbursed by Ly saderunder this Section 9 shall become additional debt of Borrower secured
by this Security Instrument ounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, wit st, upon notice from Lender to Borrower requesting payment.
If thts Security Instrument 1s eld, Borrower shall comply with all the provisions of the lease,
If Borrower acquires fee title tq , the leasehold and the fee title shall not merge unless Lender
10. Mortgage Insurance. if Le: equfred Mortgage Insurance as a condition of making the Loan,
i jintaan the Mortgage Insurance in effect If, for any reason,
\der ceases to be available from the mortgage insurer
power was required to make separately designated
ance, Borrower shall pay the premiums required to
Origage Insurance previously in effect, at a cost
substantially equivalent to the cost to B Mortgage Insurance previously in effect, from an
alternate mortgage insurer selected by Lender If substantially equivalent Mortgage Insurance coverage
is not available, Borrower shall continue to pay to Lender the amount of the separately designated
payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and
retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance Such loss reserve
shall be non-refundable, notwithstanding the fact that the Loan is ultimately pard in full, and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer
require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that
Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and
Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender
required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
Separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the
premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve,
until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between,
that previously provided suc! a
payments toward the premiums for Mortgag
1190e2493
orm 3010 1008
at
FLORIOA Sige Farnly-Fennie Maa/Fredae Mac UNIFORM INSTRUMENT Farm 20101
Wolters Kluwer Fenencat Services 20121213400 0 aoa Jz0nioN2nY inebots - Page bot 16
Exhibit B
CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2085 PAGE 8 OF 20Borrower and Lender providing for such termination or until termination is required by Applicable Law
Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note
Mortgage Insurance reimburses Lender (or any’ entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed Borrower 1s not 4 party to the Mortgage Insurance,
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are
on terms and conditions that are satisfactory to the mortgage insurer and the other Party (or parties) to
these agreements. These agreements May require the mortgage insurer to make payments using any
source of funds that the mortgage insurer may have available (which may include funds obtained from
Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, tn
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses, If such agreement
provides that an affiliate of Ls takes a share of the insurer's risk in exchange for a share of the
premiums paid to the in: ngement ts often termed “captive reinsurance * Further:
(A) Any such agreemen! it affect the amounts that Borrower has agreed to pay for
ms of the Loan, Such agreements will not increase the
amount Borrower will owe je Insurance, and they will aot entitle Borrower to any
(B) Any such agreements will not affectthe rights Borrower has - if any - with respect to the
Mortgage Insurance under thei Protection Act of 1998 or any other law. These
rights may include the right Ye regelve“ce disclosures, to request and obtain cancellation
of the Mortgage Insurance, to have-th Insurance terminated automatically, and/or
to receive a refund of any Mortg iums that were unearned at the time of
such cancellation or termination,
11. Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been. completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs
and restoration in a single disbursement or in a series of progress Payments as the work 1s completed.
Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security
would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower Such Miscellaneous
Proceeds shall be applied in the order provided for im Section 2
‘tipeeez409
FLOM Single Famly Fame beatae Mac UNIFORM INSTRUNIENT Fem 2010 vat
vu
Watters Khawer Financial Sarces, 201212194000 4002. 20110NZBY Page 9 of 18
Exhibit B
CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2086 PAGE 9 OF 20
w ?In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,
if any, paid to Borrower,
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value 13 ‘equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured
by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by
the following fraction: (a) the totat amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the far market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss tn value is less than the amount
of the sums secured immediately before the partial taking, destruction, or loss tn value, unless Borrower
and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured
by this Security Instrument, ‘or not the sums are then due
If the Property is abander lower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the ne: offers to make an award to settle a claim for damages, Borrower
fails to respond to Lender withij after the date the notice is given, Lender ts authorized to collect
and apply the Miscellaneous P to restoration or repair of the Property or to the sums secured
by this Security Instrument, whet en due. “Opposing Party" means the third party that owes
Borrower Miscellaneous Proceeds or, att against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
eding, whether civil or criminal, 1s begun that, in
Property or other material impairment of Lender's
interest in the Property or rights underyhis strument, Borrower can cure such a default and,
if acceleration has occurred, reinstat i Section 19, by causing the action or proceeding to
be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other matcrial
impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2,
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tme for
payment or modification of amortization of the sums secured by this Security Instrument granted by
Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of
Borrower or any Successors in Interest of Borrower Lender shall not be required to commence proceedings
against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising
rieeee408
FLORIDA Singte Famty Fernie Uosstrodc
Preview
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2018-CA-000388 Filed jn open Court this NEW PENN FINANCIAL LLC D/B/A SHELLPOINT uh aay of Lae — MORTGAGE SERVICING, AD. Plaintiff, . ARMANDO RAMIREZ, CLERK ip D.C. ADAN PEREZ, et al. Defendant(s). NOTICE OF FILING On this f. day of. Done » 2018, Plaintiff, by and through its undersigned attorney hereby files: Certification of Business Records Affidavit ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: mail@rasflaw.com By: Betzy Falgas, Esquire Florida Bar No. 76882 Communication Email: law.com \ C0000 EM 18-149084 - Rok PAGE 1IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2018-CA-000388 NEW PENN FINANCIAL LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff, vs. ADAN PEREZ, et. al. Defendant(s). / CERTIFICATION OF BUSINESS RECORDS AFFIDAVIT STATE OF COUNTY oF Lhzma_) BEFORE me, personally appeared C who, being of lawful age and after being first duly sworn, deposes and says: Wrecker 11 am" Dreolosane of New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, the servicing agent for the Plaintiff in this action. In this capacity I have personal knowledge of the facts and matters stated herein, and I am authorized to execute this Affidavit on behalf of PLAINTIFF. 2. The information contained in this affidavit is contained in the original books and records maintained by New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, and the records referenced or summarized herein constitute records or data compilations ("the records") of transactions ("the Transactions”) relating to the servicing of the mortgage loan at issue in this foreclosure action. 3. The records were made at or near the indicated time based on information transmitted by, or from a person with knowledge of the Transactions. The records are kept in the course of New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing’s regularly conducted business activity. It is the regular practice of New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing to make these records. In the course of my regular job duties I have access to and am familiar with these records, and I reviewed and relied upon these records in executing this Affidavit. 4. To the extent that the business records of the loan in this matter were created by a prior servicer, those records have been verified for accuracy and integrated into New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing’s business records in the regular course of New Penn Fi inancial, LLC d/b/a Shellpoint Mortgage Servicing’s regularly conducted business activity. 5. True and correct copies of records I have reviewed and relied upon in executing this Affidavit are attached to this Affidavit and incorporated herein. 18-149084 - DiV PAGE 26. According to the records, prior to the filing of the Complaint, the Plaintiff was the designated holder of the note, or otherwise authorized to enforce, the promissory note and mortgage upon which this foreclosure action is based. A true and correct copy of the original note is attached hereto as Exhibit A. A true and correct copy of the original mortgage is attached hereto as Exhibit B. 7. According to the records, the borrower(s) have defaulted pursuant to the terms of the promissory note and mortgage sued upon, by failing to tender the Plaintiff the required payments when due. 8. The borrower(s) were sent a notice of default. A copy of this letter is attached hereto as Exhibit C. 9. The default has not been cured and the Plaintiff has elected, in accordance with the terms of the note and mortgage, to accelerate the payment of the entire principal sum, together with accrued interest. 10. A true and correct copy of the borrower's payment history is attached hereto as Exhibit D. 11. Based on the business records reviewed and attached hereto, there is now due and owing to the Plaintiff upon said note and mortgage the following attached amounts. A true and correct copy of the business records showing the amounts due and owing is attached hereto as Exhibit E. 12. On account of the borrower(s) default under the note and mortgage sued upon herein, New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, retained its attorney of record and authorized the filing of this action. Further, New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, has agreed to be bound and obligated itself to pay said attorney for his/her services such sum as the Court shall adjudge to be reasonable. Affiant Signature: Print Name: Sworn to “an subscrjhed before me, this day o! » 2018 lic, State of “Key, County of. \ Ae Commissioned Name of Notary of Public (3. ydilasn JOY WILSON Notary Public, State of Texas} « ‘comm. Expires 93-16-2070 t Notary 1D 13088426) ne en PAGE 3 18-149084 - DiVNote December 19, 2012 Kissimmee FL [Date] {City} [State] 1612 SUNBURST WAY, Kissimmee, FL 34744 [Property Address) ‘1. Borrower's Promise to Pay. In retum for a loan that Ihave received, I promise to pay U.S, $144,465.00 (this amount {s called “Principal”), plus interest, to the order of the Lender, The Lender is JPMorgan Chase Bank, N.A..I will make all payments under this Note in tte 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. Interest will be charged on unpaid principal until the full amount of Principal has been paid, I will pay interest ata yearly rate of 4.125%, The interest rate required by this Seotion 2 is the rate I will pay both before and after any default described in Section 6B) lote, . 3, Payments. (A) Time and Place of Payments. Iwill pay principal and interest by making a payment every month. Iwill make may monthly payment on the Ist day of each month beginning on February 1, 2013.1 will make these payments very month until Ihave paid all of the principal and interest and any other charges described below that] may owe under this Note. Bach monthly payment will be applied as of ite scheduled due date-and will be applied to interest before Principal. If, of January 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.O. Box 78420, Phoenix, AZ 85062-8420 of at a different place if required by the Note Holder. (B) Amount of Monthly Payments. My monthly payment will be in the amount of U.S. $700.15. 4, Borrower's Right to Prepay. Unave 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 Prepayment, I will tell the Note Holder in writing that { am doing so. I may not designate a payment as a Prepayment if 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 my 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 Holder agrees in writing to those chenges. 5. Loan Charges. If a law, which applies to this loan and which sets maximum Joan charges, is finally interpreted so that the interest or other loan ctiarges collected or to be collected in connection with this loan exceed the permitted limits, then: () any sach loan charge shall be reduced by the amount nebessary 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 Fallure to Pay as Required. LOMA RxD RaTe NOTES Far Farnie Maes Mac AORN RIFTRUNENT ‘Wears Kuwer Franch Sondcoe amaratsaomaaneuortosaHy Exhibit A(A) Late Charge for Overdue Payments, Ifthe Note Holder hes 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 charge 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 oneach Inte payment. (B) Defauit, 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] am in default, the Note Holder ‘nay sond 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 and all the interest that I owe on that 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 Walver By Note Holder. Even if, ota 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] am in default at a later tone, (E) Payment of Note Holdef'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 in 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 mailing it by frst class rail to mue at the Property Address above or ata different address if | 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 meiting it by first class tal to the Note Holder atthe address stated in Section 3(A) above or ata different addres if] am given a notice ofthat ifferent address, 8. Walvers. I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the tight o require the Note Holder to demand paymont of amounts due. “Notlce of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. Uniform Secured Note. This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument”), dated the same date as this Noto, protects the Note Holder from possible losses that might result if] do not keep the promises which I 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 Noto. Some of those conditions are described as follows: all or any part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower isnot a natural person and a beneficial interest in Borrower is solé or transferred) without Lenders prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exereised by.Lender if such exercise is prohibited by Applicable Law, If Lender exervises this option, Lender shall give Borrower notice of acceleration. ‘The hotice shall provide a period of not less than 30 days froin the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay thege sums prior to 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. ‘remeoeas {FLOM Pra RATE NOTES FarnyFanele Mantra tac Und MATRA fem 00) Vet eran anne aoiaiendoao4amaon0%er woe * Page dees __ Exhibit AWITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. Borrower te Seal Flonmn Fob Rate Nove-inge Panth-Ferie Maeirredde iso UO INET Fer ‘Weer rower rans Sevions pane soiairtseon nace womo8aeY | Exhibit AReturn To: JPMorgan Chase Bank, N A, Collateral Trailing Documents P.O. Box 8000 - Monroe, LA 71203 Prepared By: David Ruggles 1820 £ Sky Harbor Circle S Flr 2 Phoenix, AZ 85034 Mortgage defined in Sections 3, }1, 13, II 1. Certain rules regarding the usage of words used in this document are also provided in $ (A) “Security Instrument" me all Riders to this document‘ (B) "Borrower" is ADAN P! the mortgagor under this Security Instrument, (C) “Lender” is JPMorgan Cha: ink, der is a National Banking Association organized and existing under the laws of the Lender's address is 1111 Polaris Parkway, Floor 4J, Columbus. OH 43240 Lender is the mortgagee under this Secunty Instrument. (D) “Note means the promissory note signed by Borrower and dated December 19, 2012 The Note States that Borrower owes Lender one hundred forty four thousand four hundred sixty-five and 00/100 Dollars (U.S. $144,465.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1, 2043. «E) “Property” means the property that is described below under the heading "Transfer of Rights in the Property,” {F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: © Adjustable Rate Rider O Condominium Rider O Second Home Rider Definitions. Words used in m (Band ions of this document are defined below and other words are ent, which 1s dated December 19, 2012, together with 1199802403, 3010101 oun ay ? Wobers Kuwet Prenat Sarvoes z01712134 000 4002 s20110928" Pope tate inet . Exhibit B Recorded in Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 01/14/2013 04:33:01 PM RECEIPT # 1515852 Rec Fees 171.50 MTG DOC 505.75 INTANGIBLE 288.93 EXTRA NAMES CFN# 2013008031 BK 4381 PG 2078 PAGE 1 OF 20 FLOROASeie Formly Fanvve Maer redcie Mac UNIFORM INSTRUMENT vuP@O Balloon Rider Planned Unit Development Rider Q 1-4 Family Rider OVA Rider OD Biweekly Payment Rider GQ Other(s) (specify) (H) “Applicable Law" means ail controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions * UD) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and. other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or simular organization. @) “Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but ts not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) “Escrow Items" ({L) “Miscellaneous Procevds paid by any third party (otf § items that are described in Section 3, any compensation, settlement, award of damages, or proceeds rance proceeds paid under the coverages described in Section 5) for- (1) damage to, or de: the Property; (ii) condemnation or other taking of all or any part of the Property, (iii) co! teu of condemnation: or (iv) misrepresentations of, or omissions as to, the value orditi¢n of the Property oo (M) “Mortgage Insurance \x ge protecting Lender against the nonpayment of, or default on, the Loan (N) "“Periodte Payment” means the regut: led amount due for (1) principal and interest under the Note, plus (11) any amounts this Security Instrument (Q) “RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq ) and its implementing regulation, Regulation X (24 C F.R Part 3500), as they might be amended from time to time, or any additionat or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, RESPA refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan" even if the Loan does not qualify as a “federally related mortgage loan" under RESPA. (P) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument Transfer of Rights in the Property. This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (11) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender, the following described property located 9992409 HORA singe Fam r are ear redoe Mac UNIFORM STRUMENT Farm 3010 101 vw out Wenect Kiara Franca Servos 201212144 000.4002 201109207 nea Y Page 200 16 Exhibit B CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2079 PAGE 2 OF 20 uPin the COUNTY [Type of Recording Jurisdiction) of Osceola [Name of Recording Jurisdiction). SEE ATTACH See Attached Parcel 1D Number R142529-2179000A0390 which currently has the address of 1612 SUNBURST WAY [Street] Kissimmee [City], Florida 34744 (Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument, All of the foregoing 1s referred to in this Security {Instrument as the "Property." BORROWER COVENANTS that Borrower 1s lawfully seised 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. Borrower warrants and will defend generally the title to the Property against all claims and demands, subyect to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering teal property. Uniform Covenants. d Lender covenant and agree as follows: 1, Payment of Principat, rt row items, Prepayment Charges, and Late Charges. Borrower shall pay when due eon of, and interest on, the debt evidenced by the Note and any prepayment charges and late cha pesdigh ¥ der the Note Borrower shall also pay funds for Escrow Items pursuant to Section 3 Payments ndér the Note and this Security Instrument shall be made in U.S, currency. However, if any check oF int received by Lender as payment under the Note or this Security Instrument ts re nied d€r Appaid, Lender may require that any or all subsequent payments due under the Note and y bist iment be made in one or more of the following forms, (¢} certified check, bank check, treasurer's check or cashier's check, provided any such ¢! bon an institution whose deposits are insured by a federal agency, instrumentality, or en! lectronic Funds Transfer, Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15 Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment ts applied as of its scheduled due date, then Lender need not pay interest on unapplied funds Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or retum them to Borrower If not applied earhter, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure, No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument as selected by Lender: (a) cash, (b) money gonad 0 FLORIDA Senge Famty Fannve Mee/Fredien Mac UNIFORM INSTRUMENT Ferm 2010 01 v- ‘Wolters Woawer Finano! Services 2012121340 0.0 4002 v2oitomasy tneats ~ Page 3a 16 Exhibit B CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2080 PAGE 3 OF 202. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (6) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge If more than one Periodic Payment ts outstanding, Lender may apply any pay ment received from Borrower to the repayment of the Periodic Payments 1f, and to the extent that, each payment can be paid in full, To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments 3. Funds for Escrow I birower shall pay to Lender on the day Periodic Payments are due under the Note, until the 4s in full, a sum (the Funds") to provide for payment of amounts due for. (a) taxes and assessmel Offer items which can attain priority over this Security Instrument as a len or encumbrance on the Pfop ) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all irted gquired by Lender under Section 5, and (d) Mortgage Insurance yah Gy ower to Lender in lieu of the payment of Mortgage visions of Section 10. These items are called "Escrow term of the Loan, Lender may require that Community be escrowed by Borrower, and such dues, fees and ie premiums, if any, or any sums Insurance premiums in accordance Items." At origination or at ang 6 assessments shall be an Escrow Item, B to be paid under this Section, Borros waives Borrower's obligation to pay hae! Pe dsToranyo all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement" ts used in Section 9. If Borrower 1s obligated to pay Escrow Items directly, pursuant to a watver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise Its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount, Lender may revoke the waiver as to any or afl Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can stall promptly furnish to Lender all notices of amounts poder the Funds for Escrow Items unless Lender FLORIOA-Siegie Ferniy- Fane Maes rmdc Me UNIFORM INSTRUMENT Waller awe Fanci Serves 201217134 000 sane s0noazBY Exhibit B CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2081 PAGE 4 OF 20tequire under RESPA. Lender shalt estimate the amount of Funds due on the basis of current data and teasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law The Funds shall be held in an mstitution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shail apply the Funds to pay the Escrow Items no [ater than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earings on the Funds, Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds, Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the eacess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shi Rorrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to maké wy oo shortage in accordance with RESPA, but in no more than 12 monthly payments, If there is a de Hens of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP; and Borrower shall pay to Lender the amount necessary to make up the deficiency i accordance wees} . but in no more than 12 monthly payments Upon payment in full of afl sunts rédXy, this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Landes 5 assessments, charges, fines, and impositions attributable } Security Instrument, leasehold payments or ground Tents on the Property, if any, and Community/Assdciation Dues, Fees, and Assessments, if any, To the extent that these items are Escrow Ii B eShall pay them in the manner provided in Section 3. Borrower shall promptly discharge any Tien which has priority over this Security Instrument unless Borrower’ (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lten an agreement satisfactory to Lender subordinating the lten to this Security Instrument. If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5, Property Insurance, Borrower shalt keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” and any roams ay, P, ROTO Senate Farm Ferne MeesFrectan Mec UNAFOR INSTRUMENT Pom 300 et N ww : " tor er Fear Sevens aotat2r04 90042 201507297 vats roast Exhibit B CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2082 PAGE 5 OF 20 fo the Property which can attain’ Nacaver 1other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts {including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term ofthe Loan The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulung from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide g lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurary bage so obtained might significantly exceed the cost of insurance that Qyamounts disbursed by Lender under this Section 5 shall become is Security Instrument These amounts shall bear interest at the pind shall be payable, with such interest, upon notice from Lender Allinsurance polictes required byt to disapprove such policies, shall ine and/or as an additional loss pays Led If Lender requires, Borrower sha proa notices, If Borrower obtains any form of in: damage to, or destruction of, the Propex ° rant 4 renewals of such poticies shall be subject to Lender's right does standard morgage clause, and shall name Lender as mortgagee rave the right to hold the policies and renewal certificates 0 Lender all receipts of paid premiums and renewal coverage, not otherwise required by Lender, for shall mclude a standard mortgage clause and shall s payee In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoratton or repair 1s economically feasible and Lender's security is not lessened During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shal! not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair ts not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then 1198062003 FLORIOA Senge Farty Ferree ManfFredche Mac UMFORM INSTRUMENT fem 3010 11 ‘Wohars Kluwer Finanaal Sarees 2012 12134 900 donzsZ0NNOREY mans $7 ~ Pope Go 16 Exhibit B CFN# 2013008031 OFFICIAL RECORDS 0 DOC_TYPE MTG BK 4381 PG 2083 PAGE 6 OF 20 ne?due, with the excess, :f any, paid to Borrower Such insurance proceeds shall be applied in the order provided for in Section 2. 'f Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to a notice from Lender that the insurance carrer has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or tf Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insucance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneammed premiums patd by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts. unpaid under the Note or this Security Instrument, whether or not then due. 6, Occupancy. Borrower shal! occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of ‘occupancy, unless Lender otherwise agrees in writing, which cot | not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Bi ee 1, 7. Preservation, Mali Ny of the Property; Inspections. Borrower shall not destroy, damage or impair Ke Propatty, allow the Property to deteriorate or commut waste on the Property Whether or not Borrd pésfding in the Property, Borrower shall maintain the Property in ig or decreasing in value duc to its condition Unless 1t is Cex restoration is not economically feasible, Borrower shall id further deterioration or damage. If insurance or pith damage to, or the taking of, the Property, Borrower Property only if Lender has released proceeds for such and restoration in a single payment or in a series insurance or condemnation praceeds are not Borrower is not relieved of Borrower's obligation for the order to prevent the Property froarde determined pursuant to Section 5 th promptly repair the Property ifdanfag condemnation proceeds are paid shall be responsible for repairing or resto purposes Lender may disburse procesds for she of progress payments as the work is sufficient to repair or restore the Propel completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property, Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material mformation) in connection with the Loan Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the cavenants and agreements contained in this Security ELORIDA-Singe Ferny Eerie MauFiedoe Mec UNFORM INSTRUMENT me ‘Watters Kiawer Finances Services. or212t84 0 0 0 4002..201108287 tonate Exhibit B CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2084 PAGE 7 OF 20Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation of forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the vatue of the Property, and securing and/or tepairing the Property Lender's actions can include, but are not limited to. (a) paying any sums secured by a lien which has priority over this Security Instrument, (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in the Property and/or nghts under this Security Instrument, including, its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tumed on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so, It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9 Any amounts disbursed by Ly saderunder this Section 9 shall become additional debt of Borrower secured by this Security Instrument ounts shall bear interest at the Note rate from the date of disbursement and shall be payable, wit st, upon notice from Lender to Borrower requesting payment. If thts Security Instrument 1s eld, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee title tq , the leasehold and the fee title shall not merge unless Lender 10. Mortgage Insurance. if Le: equfred Mortgage Insurance as a condition of making the Loan, i jintaan the Mortgage Insurance in effect If, for any reason, \der ceases to be available from the mortgage insurer power was required to make separately designated ance, Borrower shall pay the premiums required to Origage Insurance previously in effect, at a cost substantially equivalent to the cost to B Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately pard in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make Separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between, that previously provided suc! a payments toward the premiums for Mortgag 1190e2493 orm 3010 1008 at FLORIOA Sige Farnly-Fennie Maa/Fredae Mac UNIFORM INSTRUMENT Farm 20101 Wolters Kluwer Fenencat Services 20121213400 0 aoa Jz0nioN2nY inebots - Page bot 16 Exhibit B CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2085 PAGE 8 OF 20Borrower and Lender providing for such termination or until termination is required by Applicable Law Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note Mortgage Insurance reimburses Lender (or any’ entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed Borrower 1s not 4 party to the Mortgage Insurance, Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other Party (or parties) to these agreements. These agreements May require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, tn exchange for sharing or modifying the mortgage insurer's risk, or reducing losses, If such agreement provides that an affiliate of Ls takes a share of the insurer's risk in exchange for a share of the premiums paid to the in: ngement ts often termed “captive reinsurance * Further: (A) Any such agreemen! it affect the amounts that Borrower has agreed to pay for ms of the Loan, Such agreements will not increase the amount Borrower will owe je Insurance, and they will aot entitle Borrower to any (B) Any such agreements will not affectthe rights Borrower has - if any - with respect to the Mortgage Insurance under thei Protection Act of 1998 or any other law. These rights may include the right Ye regelve“ce disclosures, to request and obtain cancellation of the Mortgage Insurance, to have-th Insurance terminated automatically, and/or to receive a refund of any Mortg iums that were unearned at the time of such cancellation or termination, 11. Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened, During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been. completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress Payments as the work 1s completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower Such Miscellaneous Proceeds shall be applied in the order provided for im Section 2 ‘tipeeez409 FLOM Single Famly Fame beatae Mac UNIFORM INSTRUNIENT Fem 2010 vat vu Watters Khawer Financial Sarces, 201212194000 4002. 20110NZBY Page 9 of 18 Exhibit B CFN# 2013008031 OFFICIAL RECORDS O DOC_TYPE MTG BK 4381 PG 2086 PAGE 9 OF 20 w ?In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower, In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value 13 ‘equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the totat amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the far market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss tn value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss tn value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, ‘or not the sums are then due If the Property is abander lower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the ne: offers to make an award to settle a claim for damages, Borrower fails to respond to Lender withij after the date the notice is given, Lender ts authorized to collect and apply the Miscellaneous P to restoration or repair of the Property or to the sums secured by this Security Instrument, whet en due. “Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or, att against whom Borrower has a right of action in regard to Miscellaneous Proceeds. eding, whether civil or criminal, 1s begun that, in Property or other material impairment of Lender's interest in the Property or rights underyhis strument, Borrower can cure such a default and, if acceleration has occurred, reinstat i Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other matcrial impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tme for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising rieeee408 FLORIDA Singte Famty Fernie Uosstrodc