Complaint,Petition: FEDERAL NATIONAL MORTGAGE ASSOCAITION FNMA vs. AMIN, FAZIL

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                                Filing # 69892251 E-Filed 03/27/2018 06:18:45 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CIVIL DIVISION

FEDERAL NATIONAL MORTGAGE
ASSOCIATION ("FNMA"),

Plaintiff, Case#:
-VS,-

FAZIL AMIN, FYSAL AMIN, ANY AND
ALL UNKNOWN PARTIES CLAIMING
BY, THROUGH, UNDER, AND AGAINST
THE ESTATE OF FAZAL AMIN,
WHETHER SAID UNKNOWN PARTIES
MAY CLAIM AN_ INTEREST AS
SPOUSES, HERS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS,
STATE OF FLORIDA, DEPARTMENT OF
REVENUE, UNITED STATES OF
AMERICA, DEPARTMENT OF THE
TREASURY - INTERNAL REVENUE
SERVICE, ASHTON PARK
HOMEOWNERS ASSOCIATION, _INC.,
DYCK-O'NEAL, INC., UNKNOWN
TENANT IN POSSESSION 1, UNKNOWN
TENANT IN POSSESSION 2, UNKNOWN
SPOUSE OF FAZIL AMIN, UNKNOWN
SPOUSE OF FYSAL AMIN,

Defendant(s).

VERIFIED COMPLAINT TO FORECLOSE MORTGAGE

Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FNMA"), sues the
Defendant(s) FAZIL AMIN, FYSAL AMIN, ANY AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER, AND AGAINST THE ESTATE OF FAZAL AMIN,
WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES,
HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS, STATE OF FLORIDA,
DEPARTMENT OF REVENUE, UNITED STATES OF AMERICA, DEPARTMENT OF THE
TREASURY - INTERNAL REVENUE SERVICE, ASHTON PARK HOMEOWNERS
ASSOCIATION, INC., DYCK-O'NEAL, INC., UNKNOWN TENANT IN POSSESSION 1,
UNKNOWN TENANT IN POSSESSION 2, UNKNOWN SPOUSE OF FAZIL AMIN,

5780543 0 E ¢ E [ V E 15-02849-1

MAR 26 2018
ByUNKNOWN SPOUSE OF FYSAL AMIN, and states:

COUNT I-MORTGAGE FORECLOSURE
1. This is an action to foreclose a mortgage on real property located in OSCEOLA
County, Florida and by reason thereof the venue for this matter is in OSCEOLA County, Florida.

2. FAZAL AMIN and DALIN AMIN executed and delivered a Promissory Note
(“Note”) dated December 30, 2003 and FAZAL AMIN and DALIN AMIN executed and
delivered a Mortgage dated December 30, 2003 securing payment of the Note. The Mortgage
was recorded on January 6, 2004, in Official Records Book 2416, at page 1924, of the Public
Records of OSCEOLA County, Florida, and mortgaged the real property ("Property") described
therein. References made herein to “Borrower” refer to the individual(s) executing the Note;
“Mortgagor” refers to those executing the Mortgage. True and correct copies of said Note and
Mortgage, are attached hereto as Exhibit "A" and Exhibit "B" respectively.

3. The described subject Mortgage was subsequently assigned to Plaintiff. Copies of
the relevant Assignments of Mortgage are attached as Composite Exhibit “C.”

4, Plaintiff’s counsel is in physical possession of the Note endorsed in blank which is
the subject of this action and therefore, is the holder of that Note. Seterus, Inc. is the servicer of
the loan described in the Note and Mortgage. Seterus, Inc. has the authority to initiate the instant
foreclosure on behalf of the Plaintiff pursuant to power of attomey or servicing agreement.

5. The Mortgage was a purchase money mortgage and was given to secure a loan for
the acquisition of the Property. The Mortgage is superior in dignity to any prior or subsequent
right, title, claim, lien or interest of the Defendants named herein or any person claiming by,
through or under said Defendants since the institution of this suit.

6. Defendants, FYSAL AMIN, FAZIL AMIN and THE UNKNOWN HEIRS OF
THE ESTATE OF FAZAL AMIN, are the current owner(s) of the real property which is the
subject of the Mortgage.

7. There has been a default in the payment of the amounts due under the Note and
Mortgage in that the payment due for May 1, 2013 and all subsequent payments have not been
made.

8. Plaintiff has and hereby declares the full amount payable under the Note and
Mortgage to be due and payable.

9. All conditions precedent to filing of this action have been performed or have
occurred.

10. Borrower(s), as maker(s) of the Note, may be held personally liable for a
deficiency, if any, unless Borrower(s) has/have discharged the subject debt in bankruptcy, in
which event no deficiency is or will be sought.

5780543 15-02849-111. There is now due and owing the principal sum of $94,293.79, together with all
sums that may be due for interest, taxes, insurance, escrow advances and/or fees for inspections,
property preservations or other expenses incurred to protect the property, and expenses and costs
of suit including but not limited to filing fees, recording fees, title search and examination fees,
fees due for service of process and such other costs as may be allowed by this Court.

12. Plaintiff has and will incur reasonable attorneys’ fees and therefore, seeks to be
awarded these fees.
13. Defendants, UNKNOWN TENANT IN POSSESSION 1 and UNKNOWN

TENANT IN POSSESSION 2, are joined by virtue of any right, title or interest said Defendants
may claim as tenants in the property pursuant to a lease agreement, either written or oral. Said
interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff.

14. Defendant, UNKNOWN SPOUSE OF FYSAL AMIN, is joined by virtue of any
right, title or interest said Defendant may claim by virtue of marriage to Defendant, FYSAL
AMIN, and/or by virtue of joining in and executing the subject Mortgage, and/or by virtue of any
right, title or interest said Defendant may claim as an heir at law or as a beneficiary of FAZAL
AMIN, or any interest in the subject real property by or through said deceased person. Said
interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff.

15. Defendant, UNKNOWN SPOUSE OF FAZIL AMIN, is joined by virtue of any
right, title or interest said Defendant may claim by virtue of marriage to Defendant, FAZIL
AMIN, and/or by virtue of joining in and executing the subject Mortgage, and/or by virtue of any
right, title or interest said Defendant may claim as an heir at law or as a beneficiary of FAZAL
AMIN, or any interest in the subject real property by or through said deceased person. Said
interest is subject, subordinate, and inferior to the lien of the Mortgage held by Plaintiff.

16. Defendant, FYSAL AMIN, is joined by virtue of any right, title or interest said
Defendant may claim as an heir at law or as a beneficiary of FAZAL AMIN, or any interest in
the subject real property by or through said deceased person.

17. Defendant, FAZIL AMIN, is joined by virtue of any right, title or interest said
Defendant may claim as an heir at law or as a beneficiary of FAZAL AMIN, or any interest in
the subject real property by or through said deceased person.

18. Defendant, ANY AND ALL UNKNOWN PARTIES CLAIMING BY,
THROUGH, UNDER, AND AGAINST THE ESTATE OF FAZAL AMIN, WHETHER SAID
UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES,
GRANTEES, OR OTHER CLAIMANTS, is joined by virtue of any right, title or interest said
Defendant may claim as an heir at law or as a beneficiary of FAZAL AMIN, or any interest in
the subject real property by or through said deceased person.

19. Defendant, UNITED STATES OF AMERICA, DEPARTMENT OF THE
TREASURY - INTERNAL REVENUE SERVICE, is joined by virtue of any right, title or
interest said Defendant may claim by virtue of any taxes which may be due and owing by THE
ESTATE OF FAZAL AMIN, Said interest is subject, subordinate, and inferior to the lien of the
Mortgage held by Plaintiff.

5780543 15-02849-120. Defendant, STATE OF FLORIDA, DEPARTMENT OF REVENUE, is joined by
virtue of any right, title or interest said Defendant may claim by virtue of any taxes which may
be due and owing by THE ESTATE OF FAZAL AMIN. Said interest is subject, subordinate, and
inferior to the lien of the Mortgage held by Plaintiff.

21. Defendant, ASHTON PARK HOMEOWNERS ASSOCIATION, INC., is joined
by virtue of any right, title or interest said Defendant may claim under FS. §§ 718.116 and/or
720.3085 or pursuant to the association's declaration or other covenants.

22. The Defendant(s), ASHTON PARK HOMEOWNERS ASSOCIATION, INC., has
or claims to have an interest in the aforesaid property by reason of that certain lien recorded in
Official Records Book 5055, at page 79, of the public records of Osceola County, Florida, ,
however, any right title, interest or claim of said Defendant(s) in and to said property is
subordinate in time and inferior in right to the rights, powers and privileges of the Plaintiff
herein, and Plaintiff's Mortgage is superior in time and right to any and all rights, title and
interest claimed by said Defendant(s).

23. The Defendant(s), ASHTON PARK HOMEOWNERS ASSOCIATION, INC., has
or claims to have an interest in the aforesaid property by reason of that certain Lis Pendens
recorded in Official Records Book 5111, at page 936, of the public records of Osceola County,
Florida, however, any right title, interest or claim of said Defendant(s) in and to said property is
subordinate in time and inferior in right to the rights, powers and privileges of the Plaintiff
herein, and Plaintiff's Mortgage is superior in time and right to any and all rights, title and
interest claimed by said Defendant(s).

24. The Defendant(s), DYCK-O*NEAL, INC., has or claims to have an interest in the
aforesaid property by reason of that certain Judgment recorded in Official Records Book 5000, at
page 93, of the public records of Osceola County, Florida, however, any right title, interest or
claim of said Defendant(s) in and to said property is subordinate in time and inferior in right to
the rights, powers and privileges of the Plaintiff herein, and Plaintiffs Mortgage is superior in
time and right to any and all rights, title and interest claimed by said Defendant(s).

25. In addition to all named Defendants, the unknown spouses, heirs, devisees,
grantees, assignees, creditors, trustees, successors in interest or other parties claiming an interest
in the subject property by, through, under, or against Fazal Amin, are joined as defendants herein.
The claims of any of said parties are subject, subordinate, and inferior to the interest of
Plaintiff’s Mortgage.

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment foreclosing
the Mortgage; and (a) enumerating all amounts this Court determines due to Plaintiff pursuant to
said Note and Mortgage and award attorneys’ fees, costs, outstanding principal, interest,
advances (b) ordering the Clerk of the Court to sell the subject property to satisfy the amount due
Plaintiff, in whole or in part; (c) adjudging that the right, title and interest of any party claiming
by, through, under or against any Defendant named herein be deemed inferior and subordinate to
the Plaintiff's Mortgage lien and forever be barred and foreclosed; (d) retaining jurisdiction of
this Court in this action to make any and all further orders and judgments as may be necessary

5780543 15-02849-1and proper, including issuance of writ of possession and the entry of a deficiency judgment if the
proceeds of the sale are insufficient to pay Plaintiffs claim (no deficiency judgment shall be
sought against those parties who have discharged the debt in bankruptcy pursuant to the
provisions of the Bankruptcy Code 11 U.S.C. Section 101, et seq. or where a bankruptcy court
only granted Plaintiff or its predecessors-in-interest in rem relief from the bankruptcy automatic
stay; and, (e) for such other and further relief as this Court may deem just and proper.

VERIFICATION

Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein
are true and correct to the best of my knowledge and belief, and that Iam authorized to make this
Verification of Complaint by FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FNMA"),
BY SETERUS, INC., ITS ATTORNEY-IN-FACT

Signature: Anectitloci/

Name: ANEETLA Hree.s
Title: FOpcOssuee SPECIAUST |
Date: Bie 18

*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiff’s counsel
hereby designates its primary email address for the purposes of
email service as: MRService@mccalla.com

DATED: 0.3|23\201% _

McCalla Raymer Leibert Pierce, LLC
Attorneys for Plaintiff

225 E. Robinson St. Suite 155
Orlando, FL 32801

Telephone: (407) 674-1850

Fax: (321) 248-0420

Email: MRService@mccalla.com

Bys
Kristina Nubaryan Girard, Esq.
FL Bar #51318

Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be
deemed a debt collector and any information obtained may be used for that purpose.

5780543 15-02849-1EXHIBIT A“ 42) FOAw
LOAN # 6346359372 -
ADJUSTABLE RATE NOTE

THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST
RATE AND MY MONTHLY PAYMENT. INCREASES IN THE INTEREST RATE WILL
RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT
IN LOWER PAYMENTS.

DECEMBER 30, 2003 ORLANDO FL
Date) tCity] [State]
1801 ROPER ROAD, ST. CLOUD, FL 34771
(Property Address]
1, BORROWER’S PROMISE TO PAY
In return for a loan that I have received, I promise to pay US. $ 116 ,000.00 (this amount is

called "Principal”), plus interest, to the order of Lender. Lender is BANK OF AMERICA, N.A.

Iwill make all payments under this Note in the form of cash, check or money order.
I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is
entitied 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 4.000 %. The interest rate I will pay will change in accordance with Section 4
of this Note.

The interest rate required by this Section 2.and Section 4 of this Note is the rate I will pay both before and after
any default described in Section 7(B) of this Note. Interest will ‘be calculated on a 360 DAY basis.

3. PAYMENTS
{Please check box for interest-only payments.)
(CJ Beginning on the day of and on the
day of every month thereafter until the day of , I will pay only the

interest on the unpaid principal balance of the Note. Thereafter, I will pay principal and interest by making
payments every month as provided below.

{A) Time snd Place of Payments

I will pay principal and interest by making a payment every month,

| will make my monthly payments on the FIRST day of each month beginning on

FEBRUARY 01, 2004 :

I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that 1 may owe under this Note, Each monthly payment will be applied as of its scheduled due date
and Will be applied to interest before Principal. If,on JANUARY 01, 2034 , L still owe amounts
under this Note, I will pay those amounts in full on that date, which is called the “Maturity Date.”

L will make my monthly payments at BANK OF AMERICA MORTGAGE, P.O. BOX 17404, BALTIMORE,

= ane aR

or at a different place if required by the Note Holder.
18 871451219 N 881 at

FLORIDA ADJUSTABLE RATE NOTE - Single Family
wee (AN

BSBS9NIFL) 0102) \VMP MORTGAGE FORMS - (800/521-7291
FLN1 12/26/03 12:24 PM 6348359372(B) Amount of My Initial Monthly Payments
Bach of my initial monthly payments will be in the amount of U.S. $ 653.81 . This amount
may change.

(C) Monthly Payment Changes

Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate
that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note.

4, INTEREST RATE AND MONTHLY PAYMENT CHANGES

(A) Change Dates

The interest rate I will pay may change on the F IRST day of JANUARY, 2007 ,
and on that day every 12TH month thereafter, Each date on which my interest rate could change is called a
“Change Date.”

(B) The Index

Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is:
THE ONE-YEAR LONDON INTERBAAK OFFERED RATE (*LIBOR") WHICH IS THE AVERAGE OF INTERBANK OFFERED RATES FOR ONE-YEAR
U.S. DOLLAR-DENOMINATED DEPOSITS IN THE LONDON MARKET, AS PUBLISHED IN THE WALL STREET JOURNAL. THE MOST RECENT
INOEX FIGURE AVAILABLE AS OF THE DATE 45 DAYS BEFORE EACH CHANGE DATE 1S CALLED THE “CURRENT INDEX.*

If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable
information. The Note Holder will give me notice of this choice.

(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND
ONE-QUARTER percentage points ( 2.250  %) to the Current Index.

The Note Holder will then round the result of this addition to the (Nearest [X] Next Highest ([] Next Lowest
ONE-EIGHTH OF ONE PERCENTAGE POINT ( 0.125 %).
Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next

Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the

FJ The “Interest-Only Period” is the period from the date of this Note through .
For the interest Only Period, after calculating my new interest rate as provided above, the Note Holder will then

unpaid principal of my loan. The result of this calculation will be the new amount of my monthly payment.
The "Amortization Period” is the period after the Interest-Only Period, For the Amortization Period, after
calculating my new interest rate as provided above, the Note Holder will then determine the amount of the monthly

payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full
on the Maturity Date at my new interest rate jn substantially equal payments, The result of this calculation will be

the new amount of my monthly payment.

(D) Limits on Interest Rate Changes
(Please check appropriate boxes; If no box is checked, there will be no maximum limit on

changes.)
(71) There will be no maximum limit on interest rate changes.

BSBBENFL) cron page 2 ot 8
FLN1 12/26/03 12:24 PM 6346359372(C1 (2) The interest rate I am required to pay at the first Change Date will not be greater than
%

% or less than .
(C1 (3) My interest rate will never be increased or decreased on any single Change Date by more than
percentage points ( %)

from the rate of interest I have been paying for the preceding period.

@ (4) My interest rate will never be greater than 10.000 %, which is called the "Maximum
Rate.”

(C) (5) My interest rate will never be less than %, which is called the "Minimum
Rate.”

(6) My interest rate will never be less than the initial interest rate.
(7) The interest rate I am required to pay at the first Change Date will not be greater than

6.000 % or less than 2.250 %. Thereafter, my interest rate will
never be increased or decreased on any single Change Date by more than TWO
percentage points ( 2.000 %) trom the rate of

interest I have been paying for the preceding periad.

(E) Effective Date of Changes

‘My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly
payment changes again.

(F) Notice of Changes

The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any change. The notice will include information required by law to be
given to me and also the title and telephone number of a person who will answer any question J may have regarding
the notice.

5. BORROWER'S RIGHT TO PREPAY
RE SiRHTTTO MACE PAYMENTS DF PRINCIPAL AT ANY TIME BEFORE THEY ARE QUE. A PAYMENT OF PRINCIPAL ONLY 1S

KNOWN AS A "PREPAYMENT." WHEN 1 MAKE A PREPAYMENT, 1 WILL TELL THE NOTE HOLDER IN WRITING THAT | AM DOING SO. |
MAY NOT DESIGNATE A PAYMENT AS A PREPAYMENT IF 1 HAVE NOT MADE ALL THE MONTHLY PAYMENTS DUE UNDER THIS NOTE.

| MAY MAKE A FULL PREPAYMENT OR PARTIAL PREPAYMENT WITHOUT PAYING ANY PREPAYMENT CHARGE. AFTER PAYING ANY LATE
FEES OR OUTSTANDING FEES THAT | OWE, THE NOTE HOLDER WILL USE MY PREPAYMENTS TO REDUCE THE AMOUNT OF PRINCIPAL THAT
| 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 THIS 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 CHANGES. MY PARTIAL PREPAYMENT MAY REDUCE THE AMOUNT OF MY MONTHLY PAYMENTS AFTER THE
FIRST RATE CHANGE DATE FOLLOWING MY PARTIAL PREPAYMENT, HOWEVER, ANY REDUCTION DUE 10 MY PARTIAL PREPAYMENT MAY BE
OFFSET BY AN INTEREST RATE INCREASE.

6. LOAN CHARGES

Tf a law, which applies to this loan and which sets maximum foan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount neceasary to reduce the charge to the permitted limit;
and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder
may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to
me. If a refund reduces Principal, the reduction will be treated as 8 partial Prepayment.

BSBBENIFL) (102 pape 9 0f ©
FLNY 12/26/03 12:24 PM 63463593727. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
Tf the Note Holder has not received the full amount of any monthly payment by the end of 15
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 5.0 % of my overdue payment of principal and interest. I will
pay this late charge promptly but only once on each late payment.

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

(C) Notice of Default

It I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount, by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which
has not been paid and all the interest that Lowe 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 Waiver By Note Holder
Even if, at 8 time when I am in defeult, 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 lam in default at a later time.

(E) Payment of Note Holder’s Costs and Expenses

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

8. GIVING OF NOTICES

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

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

9, OBLIGATIONS OF PERSONS UNDER THIS NOTE

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

10. WAIVERS

T and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice
‘of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not
‘been paid.
11. SECURED NOTE

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 Note, protects the Note Holder from possible losses
which might result if I do not keep the promises that 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
Note. Some of those conditions are described as follows:

BSSO9NIFL) (102) Page 4 of ©
FUN 12/26/03 12:24 PM 6346959372. ‘Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
“Interest in the Property” means any legal or beneficial interest in the Property, including, but not
limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales
contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to
a purchaser.

If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interestin Borrower js sold or transferred) without
Lender’s prior written consent, Lender may require immediate payment in full of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law. Lender also ahall not exercise this option if; (a) Borrower causes to be
submitted to Lender information required by Lender to evaluate the intended transferee as if a new
joan were being made to the transferee; and (b) Lender reasonably determines that Lender's security
will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement
in this Security Instrumentis acceptable to Lender.

To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption
agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and
agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated
under the Note and this Security Instrument unless Lender releases Borrower in writing.

If Lender exercises the option to require immediate payment in full, Lender shall give Borrower
notice of acceleration. The notice shall provide a period of not less than 30 days from 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 fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on

rower.

BSBOSNIFL) «0102 pen sete
FLNZ 12/26/03 12:24 PM 6346359372.12, DOCUMENTARY TAX
The state documentary tax due on thia Note has been paid on the mortgage securing this indebtedness.

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

agal Anu (Seat)

FAZAL -Borrower

Geb fr (Seal)

DALIN AMIN -Borrower

(Seal)

-Borrower

PAY TO THE ORDER OF (Seal)
~ ~Borrower

——
WITHOUT RECOURSE____
Bank of America, N.A.. (Seal)

pS Ca mm
WILLIAM L. CRAIG
ASSISTSING wee PRESIDENT (Seal)

{Sign Original Only}

BSSOONIFL) 10102 page 8 of 8
FLUN2 12/26/03 12:24 PM 6346359372EXHIBIT B31804

Return To: LOAN # 6348359372 LARRY WHALEY
FL9-700-01-01 OSCEOLA COUNTY, FLORIDA
JACKSONVILLE POST CLOSING CLERK OF CIRCUIT COURT

BANK OF AMERICA

9000 SOUTHSIDE BLVD. CL 2004001796 OR 2416/1924

BLOG 700, FILE RECEIPT DEPT. "054

we an wena 32088 L6J Date 01/06/2006 Time 09:29:57
is document was prepared by: DOG STAMPS: 406.00
SHERMINE Y. NELSON : .
BANK OF AMERICA, N.A. INTANGIBLE: 22.

1400 BEST PLAZA DR, STE 101
RICHMOND, VA 232270000

RECORD & RETURN TO:

Suzanne My—Demmy———————_ [Space Above This Line Por Recording Data] TAN # 63463 OAN # 63 6359372
5950 Hazel: “
5950 | are tine National Drive MORTG AGE

Orlando, Florida 32822
KTY 21-3809 ATC# 03-12510 SD/TMR

DEFINITIONS

Words used in multiple sections of this document are defined below and other words are defined
in Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used in this
document are also provided in Section 16,

(A) "Security Instrument” means this document, which is dated DECEMBER 30, 2003 ,

together with all Riders to this document,
(B) “Borrower” is FAZAL AMIN AND DALIN AMIN, husband and wife

Borrower is the mortgagor under this Security Instrument.
{C) "Lender" is BANK OF AMERICA, N.A.

Lender isa NATIONAL BANKING ASSOCIATION
organized and existing under the laws of THE UNITED STATES OF AMERICA .

FLORIDA - Single Family ~ Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 3010 1/01

ED, BFL (oor
page oF 18 vraetnG).0-

\YMP MORTGAGE FORMS + (800)521-7281
CVFL 12/26/03 12:24 PM 6346959372CL 2004001796 OR 2616/1925

Lender’s address is 1400 BEST PLAZA DR, STE 101, RICHMOND, VA 232270000

Lender is the mortgagee under this Security Instrument.

(D) “Note” means the promissory note signed by Borrower and dated DECEMBER 30, 2003 .

‘The Note states that Borrower owes Lender ONE HUNDRED SIXTEEN THOUSAND AND 00/100
Dollars

(US.$ 1416, 000,00 ) plus interest, Borrower has promised to pay this debt in regular

Periodic Payments and to pay the debt infull not later than JANUARY O1, 2034 .

(E) "Property" means the property thet is described below under the heading "Transfer of Rights

in the Property.”

(R) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late

charges due under the Note, and ail 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 Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Other(s) (specify)

(Il) "Applicable Law" means all controlling applicable federal, state and local statutes,
regulations, ordinances and administrative rules and orders (that have the effect of Jaw) a3 well a3
all applicable final, non‘appealable judicial opinions.

(1) "Community Assoctation Dues, Fees, and Assessments” means all dues, fees,
assessments and other charges that ere imposed on Borrower or the Property by 8 condominium
association, homeowners association or similar organization.

(I) “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 financisl institution to debit or credit an sccount. Such term includes, but is not limited to,
point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers.

(K) "Escrow Items" means those items that are described in Section 3,

(L) "Miscellaneous Procecds” mens any compensation, settlement, award of damages, oF
proceeds paid by any third party (other then insurance proceeds paid under the coverages
described in Section 5) for: (i) damage to, or destruction of, the Property; {ii) condemnation or
other taking of all or any part of the Property; (iii) conveyance in liew of condemnation; or (iv)
misrepresentations of, or ‘omissions as to, the value andlor condition of the Property.

(M) "Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or
default on, the Loan.

(N) “Periodic Payment” means the regularly scheduled amount due for (i) principal and
interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.

iter Gh -

RBI) cooon rose 2 ot 18 Form 2010 1/01
CVFL 12/26/03 12:24 PM 6346959372CL 2004001796 GR 2416/1926

(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et eq.)
and its implementing regulation, Regulation X (4 CPR. Part 3500), as they might be amended
from time to time, or any additional or successor legislation or regulation that governs the samo
subject matter. As used in this Security Tnstrument, "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 joan” under RESPA.

{P) "Successor in Interest of Borrower” means any party that hes taken title to the Property,
Phether or not that party has assumed Borrower's obligations under the Note endior this Security
Instrument.

TRANSFER OF RIGHTS IN THE PROPERTY

mortgage, grant and convey to Lender, the following described property located in the

COUNTY of OSCEOLA 3
(Type af Recording Jurisdiction) tName of Recording Jurisdiction)

*LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF."

Parcel ID Number: 05263 1258600010430 which currently has the address of
1801 ROPER ROAD (Street)
ST. CLOUD tity], Florida 34771 [Zip Code}
("Property Address”):

TOGETHER WITH all the improvements now or hereafter erected on the property, and all
ensements, appurtenances, and fixtures now or heresfter a part of the property. All replacements
and additions shall also be covered by this Security Instrument, All of the foregoing is referred to
in this Security Instrument as the “Property.”

snttatse Qh .

ZQ-EAL o008 van ar 18 Form 3010 1/01
CFL 12/26/03 12:24 PA 6346959372GL 2004001796 OR 2416/1927

BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
and hes the fight 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, subject to any encumbrances of record,

THIS TTY INSTRUMENT combines uniform covenants for national use and
non-uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.

UNTEORM COVENANTS, Borrower and Lender covenant and agree as follows:

partial payment insuificient to bring the
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 is applied as of its scheduled due date, then Lender need not pay interest on unsp| lied
funds. Lender may hold such unapplied funds until Borrower makes ent to bring the
current, If Berrawer does not do so within a reasonable period of time, shall either epply
auch funds or return them to Borrower. If not applied earlier, 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 Tnstrument.

2 Application of Payments or Proceeds, Except es otherwise described in this Section 2,

current, without waiver of any rights hereunder or

‘Any remaining amounts shall be applied first to late charges, second to soy other amounts due
under this Security Instrument, and then to reduce the principal balance of the Note.

delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender
may apply any psyment received from Borrower to the repayment of the Periodic Payments if,
‘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

initiate: ZA- QA +

D-CA soon nine aon 18 Form 3010 1/01
GVFL 12/26/03 12:24 PME 6346359312CL 2004001796 OR 2416/1928

applied to any late charges due, Voluntary prepayments shall be applied first to any prepayment
cherges and then as described in the Note. . el mm

‘Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
pneer the Note shall not extend or postpone the due ‘date, or change the amount, of the Periodic

ayments.

3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments
are due under the Note, until the Note is paid in full, a sum (the “Punds") to provide for payment
‘of amounts due for: (a) taxes and assessments and other items which can attain priority over this
Security Insteument as 8 lien oF ‘encumbrance on the Property; (b) leasehold payments or ground
rents on the Property, if any; (c) premiums for any and all insurance required by Lender under

Lender in liev of the payment ‘of Mortgage Insurance premiums fn accordance with the provisions
of Section 10. These items are called “Escrow Items.” At origination or at any time during the
term of the Loan, Lender may require that ‘Community Association Dues, Fees, and Assessments,
if any, be escrowed by Borrower, and such dues, fees and assessments hall be an Escrow Item.
Borrower shall promptly furnish to Lender ail notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for ‘Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items, Lender may waive Borrower's obligation
to pay to Lender Funds for any or ‘ail Escrow Items at any time. Any such waiver may only be in

receipts shall for all purposes be deemed to be a covenant and 9; ent contained in this
Security Instrument, as the phrase “covenant ‘and agreement” is used in Section 9. If Borrower is
obligated to pay Escrow Trems directly, pursuant to a waiver, and Borrower fails to pay the

Lender to apply the Funds at the time specified under RESPA, ‘and (b) not to exceed the
maximum amount a fender can require under RESPA. Lender shall estimate the amount of Funds
due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with Applicable Law.

The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are 50
insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow
Items no later than the time specified under RESPA, Lender shall not chargo 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 en 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 earnings on
the Funds. Borrower and Lender can agree in Writing, however, that interest shall ‘be paid on the
Funds. Lender shatl give to Borrower, without charge, an annual accounting of the Funds as

required by RESPA.
inittater, a On

ED, BIFLI toro rin serie Form 3010 1/01
CVFL 12/26/03 12:24 PA 6346359372CL 2004001796 OR 2616/1929

If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account
to Borrower for the excess funds in accordance ‘with RESPA. If there is a shortage of Funds held
in escrow, 88 defined under RESPA, Lender shall notify Borrower 2s required by RESPA, and
Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with
RESPA, but in no more than 12 monthly payments. If there is a deficiency ‘of Funds held in
escrow, as defined under RESPA, ‘Lender shall notify Borrower as required by RESPA, end

Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender.

4, Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions

attributable to the Property which can attain priority over this Security Instrument, leasehold

. payments or ground rents on the Property, if any, and Community Associstion Dues, Fees, and

“Assessments, if any. To the extent that ‘these items are Escrow Items, Borrower shall pay them in

unless Borrower: (8) aprece jn writing to the payment of t

der, but only so long as Borrower is performing such agreement; {b)
contests the lien in good faith by, or defends against enforcement of the Hien in, legal proceedings
which in Lender’s opinion operate to prevent the enforcement of the lien while those proceedings
ase pending, but only until such proceedings are concluded; or (c) secures from. the holder of the
fien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
Lender determines that any part of the Property is subject to a lien which can attain priority over
this Security Instrument, Lender may give wer 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 s one-time charge for a real estate tax verification
andlor reporting service used by Lender in connection with this Loan.

5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against less by fire, hazards included within the term “extended
coverage,” and any other hazards including, but not limited to, earthquekes and floods, for which
Lender requires insurance, This insurance shall be maintained in the amounts {including
deductible levels) and for the petiods that Lender requires, What Lender requires pursuant to the

ing sentences can change during the term of the 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: (2) 8 ‘onertime charge for flood zone ‘determination, certification
and tracking services; or {b) a onertime charge for flood zone determination and certification
services and subsequent charges cach time remappings or similar changes occur which ressonably
might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Pederal TEmergency Management Agency in connection with
the review of any flood zone ‘determination resulting from an objection by Borrower.

If Borrower fails to maintain any of the coverages described above, Lender msy 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

Initiale: mG .
GOL wo08 mane 6 08 10 Form 3010 1/01
CVFL 12/26/03 12:24 PM 6346959372CL 2004001796 OR 2416/1930

the Property, against eny risk, hazard or liability and might provide greater or lesser coverage
than was previousty in effect, Borrower acknowledges that the cost of the insurance coverage 50
obtained might significantly exceed the cost ‘of insurance that Borrower could have obtained. Any
amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the
date of disbursement and shall be payable, with such interest, upon notice from Lender to
Borrower requesting payment.

the policies and renewal certificates. It Lender requires, Borrower shall promptly give to Lender

In the event of loss, Borrower shall give prompt notices 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, ony insurance proceeds, whether or not the underlying insurance was
required by Lender, 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 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
the work is completed, Unless an agreement is made in writing or Applicable Law requires

and settle the claim. The 30-day period will begin when the notice is given, In either event, or if
Lender acquires the Property un Section 22 or otherwise, Borrower hereby assigns to Lender

right to any refund of unearned miums paid by Borrower) under all insursnce policies
covering the Property, insofar as suc fights are applicable to the coverage of the Property, Lender
may use the insurance ceeds 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. Bortower shall 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 feast one year after the

Intttals, BOA :
GD, BIFL 10) tae 7 at 16 Form 3010 1/01
EVEL 12/26/03 12:24 PA 6348359372CL 2008001796 OR 2416/1931

date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's

7, Preservation, Maintenance and Protection of the Property; Inspections. Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit
waste on the Property. Whether or not Borrower is residing in the Property, Boo shall

ceasing in value

the Property only if Lender has released proceeds for such purposes. Lender may disburse
proceeds for the repairs ‘and restoration in a single payment or ina series of payments as
the work is completed, If the insurance or condemnation proceeds are not sufficient to repair or
restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such

‘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 ptior to such an interior inspection specifying
such reasonable cause.

8. Borrower's Loan Application, Borrower shell be in default if, during the Loan
application process, Borrower or any persons oF entities acting at the direction of Borrower or
with Borrower's knowledge of consent gave materially false, misleading, or inaccurate
information or statements to Lender (or failed to provide der with material information) in

Security Instrument, (b) there is a legal proceeding that might significantly affect Lender’s interest
in the Property andlor rights under this Security

probate, for condemnation or forfeiture, for enforcement of a tien 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 js reasonable or appropriate to protect

pliant ‘over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’
fees to protect its interest in the Property andior rights 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, climinote building or other code violations or dangerous conditions, and
have utilities turned 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 of obligation to do so. It is agreed that Lender incurs
no fiabifity for not taking any or all actions authorized under this Section 9.

‘Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument. ‘These amounts shall bear interest at the Note rate

initiata: ZA Gnd
ZD- GFL} 0008 rage Bot 18 Form $010 1/01
VFL 12/26/03 12:24 PM 6346359372CL 2004001796 OR 2616/1932

from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.

If this Security Instrument is on a leaschold, Borrower shall comply with all the provisions

and the fee title shall not

the mortgage insurer that previously provided ‘such insurance and Borrower was required to make
separately designated parents toward the premiums for Mortgage Insurance, Borrower shall pay

viously in effect, at a cost substantially equivalent to the cost to Borrower of e M